Journal of the Senate of the State of Georgia regular session, commenced at Atlanta, Georgia, Monday, January 10, 1983 and adjourned Friday, March 4, 1983, volume I

Compiler's Note
The Journal of the Senate for the regular session of 1983 is bound in two separate volumes. Volume I contains January 10, 1983 through February 23, 1983. Volume II contains February 24, 1983 through March 4, 1983 and the complete index.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 10, 1983 and adjourned Friday, March 4, 1983
VOLUME I
1983 Atlanta, Georgia

OFFICERS
OF THE
STATE SENATE
1983
ZELL MILLER ....................... President (Lieutenant Governor)
TOWNS COUNTY
JOE KENNEDY .............................. President Pro Tempore
EVANS COUNTY
HAMILTON McWHORTER, JR............... Secretary of the Senate
OGLETHORPE COUNTY
MARVIN W. "CAP" HICKS ....................... . Sergeant-at-Arms
FLOYD COUNTY
STAFF OF SECRETARY OF SENATE
ALICE E. HOGE................................. Assistant Secretary
FULTON COUNTY
SARALYN FOSTER ..................................... Bill Clerk
DeKALB COUNTY
SHIRLEY SHELNUTT ................................ Journal Clerk
ROCKDALE COUNTY
ROBERT F. EWING .......................... Assistant to Secretary
DeKALB COUNTY
AGNES DOSTER ................................... Enrolling Clerk
GWINNETT COUNTY
CLARA BASKIN .................................. Bill Status Clerk
FULTON COUNTY
SARAH BROWNE ............................... Assistant Bill Clerk
FULTON COUNTY
LINDA THOMPSON ................................ Calendar Clerk
CLAYTON COUNTY

MEMBERS OF THE
SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES,
WITH DISTRICTS AND ADDRESSES FOR THE TERM 1983-1984

Senators

District Address

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

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

Roy E. Barnes .............................. 33rd .... Marietta

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

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

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

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

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

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

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

Joe Burton................................... 5th .... Atlanta

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

Frank E. Coggin............................. 35th .... Hapeville

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

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

Harrill L. Dawkins........................... 45th .... Conyers

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

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

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

Beverly L. Engram........................... 34th .... Fairburn

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

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

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

Hugh M. Gillis, Sr. .......................... 20th .... Soperton

Richard L. Greene ........................... 26th ....Macon

W. F. (Billy) Harris ......................... 27th .... Thomaston

Carl Harrison ............................... 37th .... Marietta

Render Hill................................. 29th .... Greenville

Edward Hine, Jr. ........................... 52nd .... Rome

Al Holloway ................................ 12th .... Albany

Janice S. Horton ............................ 17th .... McDonough

Pierre Howard ............................. 42nd .... Decatur

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

Senators

District Address

Waymond C. (Sonny) Muggins ................ 53rd .... LaFayette Joseph E. Kennedy............................ 4th .... Claxton Culver Kidd ................................ 25th .... Milledgeville Ted J. Land ................................ 16th .... Columbus Jimmy Lester ............................... 23rd .... Augusta Bill Littlefield ................................ 6th .... Brunswick Sam P. McGill .............................. 24th .... Washington L. H. "Bud" McKenzie....................... 14th .... Montezuma Donn Peevy ................................. 48th .... Lawrenceville Ed Perry .................................... 7th .... Nashville R. T. (Tom) Phillips .......................... 9th .... Stone Mountain Albert J. Scott .............................. 2nd .... Savannah David Scott ................................. 36th .... Atlanta Thomas R. (Tom) Scott ...................... 43rd .... Decatur Terrell Starr ................................ 44th .... Forest Park Lawrence (Bud) Stumbaugh ................... 55th .... Stone Mountain Horace E. Tate.............................. 38th .... Atlanta Joe Thompson .............................. 32nd .... Smyrna Jimmy Hodge Timmons ...................... 11th .... Blakely Paul H. Trulock ............................. 10th .... Climax Loyce W. Turner ............................. 8th .... Valdosta James W. (Jim) Tysinger ..................... 41st . . . .Atlanta Ronnie Walker .............................. 19th .... McRae

MEMBERS OF THE
GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES
FOR THE TERM 1983-1984

Name

District

Address

Aaron, Betty ........................ 56 .............. Decatur Adams, G. D. ....................... 36 .............. Hapeville Adams, John ........................ 16 .............. Rome Adams, Marvin ...................... 79 .............. Thomaston Aiken, Fred ......................... 21, Post 1 ........ Smyrna Alford, Dean ........................ 57, Post 3 ........ Decatur Alien, Roy L. ...................... 127 ............. .Savannah Anderson, Wendell T., Sr. ............ 8, Post 1 ........ Canton Argo, Bob .......................... 68 .............. Athens Athon, Troy A....................... 57, Post 1 ........ Conyers Atkins, Bill ......................... 21, Post 3 ........ Smyrna Auten, Dean ....................... 156 .............. Brunswick Bailey, Frank I., Jr. .................. 72, Post 5 ........ Riverdale Balkcom, Ralph J. .................. 140 .............. Blakely Bargeron, Emory E. ................. 108 .............. Louisville Barnes, Travis S. .................... 90 .............. Augusta Barnett, Bill H. ..................... 10 .............. Gumming Barnett, Mike ....................... 59 .............. Lilburn Beck, James M. .................... 148 .............. Valdosta Benefield, Jimmy .................... 72, Post 2 ........ Jonesboro Benn, Lorenzo....................... 38 .............. Atlanta Birdsong, Kenneth W. ............... 104 .............. Gordon Bishop, Sanford D., Jr. ............... 94 .............. Columbus Bolster, Paul ........................ 30 .............. Atlanta Bostick, Henry ..................... 138 .............. Tifton Branch, Paul S., Jr. ................. 137 .............. Fitzgerald Bray, Claude A., Jr. ................. 91 .............. Manchester Brooks, Tyrone ...................... 34 .............. Atlanta Brown, George M. ................... 88 .............. Augusta Brown, Joe E. ...................... 154 .............. Hinesville Buck, Thomas B., Ill................. 95 ............ Columbus Burruss, A. L. (Al) .................. 20, Post 2 ........ Marietta Byrd, Roger........................ 153, Post 2 ........ Hazlehurst

Name

District

Address

Carter, Hanson ..................... 146 .............. Nashville Chambless, Tommy ................. 133 .............. Albany Chance, George A., Jr. .............. 129 ............. .Springfield Cheeks, Donald E. (Don) ............. 89 ............. .Augusta Childers, E. M. (Buddy) ............. 15, Post 1 ........ Rome Childs, Peggy ....................... 53 .............. Decatur Clark, Betty J. ...................... 55 .............. Atlanta Clark, Louie ........................ 13, Post 1 ........ Danielsville Colbert, Luther S. ................... 23 .............. Roswell Coleman, Terry L. .................. 118 .............. Eastman Collins, Marcus E. .................. 144 .............. Pelham Colwell, Carlton H. ................... 4, Post 1 ........ Blairsville Connell, Jack ....................... 87 .............. Augusta Copelan, Jesse, Jr. .................. 106 .............. Eatonton Couch, Barbara H.................... 40 .............. Atlanta Cox, Walter E. ..................... 141 .............. Bainbridge Crawford, John ....................... 5 .............. Lyerly Crosby, Tom, Jr. ................... 150 .............. Waycross Cummings, Bill...................... 17 .............. Rockmart Darden, George (Buddy).............. 20, Post 3 ........ Marietta Daugherty, J. C...................... 33 .............. Atlanta Davis, J. Max ....................... 45 .............. Atlanta Dean, Douglas C. ................... 29 .............. Atlanta Dixon, Harry....................... 151 ..............Waycross Dobbs, Denny ....................... 74 .............. Covington Dover, Bill.......................... 11, Post 1 ........ Hollywood Dunn, Wesley ....................... 73 .............. McDonough Edwards, Ward ..................... 112 .............. Butler Evans, Warren D. ................... 84 .............. Thomson Felton, Mrs. Dorothy ................. 22 .............. Sandy Springs Foster, Phillip A. (Phil) ............... 6, Post 2 ........ Dalton Galer, Mary Jane .................... 97 .............. Columbus Ginsberg, Ronald E. (Ron)........... 122 .............. Savannah Godbee, John ...................... 110 .............. Brooklet Goodwin, Bill ....................... 63 .............. Norcross Greene, Gerald E. .................. 130 .............. Cuthbert Greer, John W....................... 39 .............. Atlanta Groover, Denmark ................... 99 .............. Macon Hamilton, DeWayne ................ 124 .............. Savannah Hamilton, Mrs. Grace T. ............. 31 .............. Atlanta Hanner, Bob ....................... 131 .............. Parrott

8

Name

District

Address

Hasty, W.G., Sr. (Bill) ................ 8, Post 2 ........ Canton Hays, Forest, Jr....................... 1, Post 2 ........ Flintstone Heard, Paul W., Jr. .................. 43 .............. Peachtree
City Hirsch, Milton ...................... 96 .............. Columbus Holcomb, C.E. "Ed" ................. 72, Post 3 ........ Jonesboro Holmes, Bob ........................ 28 .............. Atlanta Hooks, George B. ................... 116 .............. Americus Home, Frank ...................... 103 .............. Macon Hudson, W.N. "Newt" .............. 117 ..............Rochelle Irvin, Jack .......................... 11, Post 2 ........ Baldwin Isakson, Johnny ..................... 21, Post 2 ........ Marietta Jackson, Jerry D. ..................... 9, Post 3 ........ Chestnut
Mountain Jackson, Neal ....................... 65 ..............Monroe Jackson, Wm. S. (Bill) ............... 83 .............. Martinez Johnson, Diane Harvey .............. 123 .............. Savannah Johnson, Frank B. ................... 21, Post 4 ........ Smyrna Johnson, Gerald ..................... 70 .............. Carrollton Johnson, Rudolph .................... 72, Post 4 ........ Morrow Johnson, Suzi ....................... 76 ..............Orchard Hill Jones, Bill .......................... 78 .............. Jackson Karrh, Randolph (Randy)............ 109 .............. Swainsboro Kilgore, Thomas (Mac)............... 42 .............. Douglasville Lambert, E. Roy .................... 66 .............. Madison Lane, Dick.......................... 27 .............. East Point Lane, Robert (Bob) ................. 111 .............. Statesboro Lawler, Terry ....................... 20, Post 5 ........ Clarkdale Lawrence, Tom E. ................... 49 .............. Stone
Mountain Lawson, Bobby ....................... 9, Post 2 ........ Gainesville Lee, William J. (Bill) ................ 72, Post 2 ........ Forest Park Linder, John ........................ 44 .............. Dunwoody Logan, Hugh ........................ 67 .............. Athens Long, Bobby ....................... 142 .............. Cairo Lord, Jimmy ....................... 107 .............. Sandersville Lucas, David E. .................... 102 ..............Macon Lupton, John M. .................... 25 .............. Atlanta Maddox, J. C......................... 7 .............. Calhoun Mangum, Bill ....................... 57, Post 2 ........ Decatur Marcus, Sidney J. ................... 26 .............. Atlanta

Name

District

Address

Martin, Charles ..................... 60 .............. Buford Matthews, Hugh D. ................. 145 .............. Moultrie McDonald, Lauren (Bubba) ........... 12 .............. Commerce McKelvey, Forrest L.................. 15, Post 2 ........ Lindale McKinney, J.E. (Billy) ............... 35 .............. Atlanta McVeigh, N. Shaw ................. 155 .............. Brunswick Milford, Billy ....................... 13, Post 2 ........ Hartwell Millsaps, Rex A. .................... 61 .............. Lawrenceville Moody, Lundsford .................. 153, Post 1 ........ Baxley Moore, James C. ................... 139 .............. West Green Morton, Chesley ..................... 47 .............. Chamblee Mostiler, John L. .................... 75 .............. Griffin Mueller, Anne...................... 126 .............. Savannah Mullinax, Edwin G. (Ed) ............. 81 .............. LaGrange Murphy, Thomas B................... 18 .............. Bremen Oliver, Clinton ..................... 121 .............. Glennville Padgett, Mike ....................... 86 .............. Augusta Parham, Bobby E. .................. 105 .............. Milledgeville Patten, Robert L. ................... 149 .............. Lakeland Peters, Robert G. (Bob) ............... 2 .............. Ringgold Pettit, Boyd ......................... 19 .............. Cartersville Phillips, Bobby ..................... 125 .............. Savannah Phillips, L. L. (Pete) ................ 120 .............. Soperton Phillips, Randolph (Randy) ........... 93 .............. Shiloh Pinkston, Frank C................... 100 ..............Macon Porter, DuBose ..................... 119 .............. Dublin Rainey, Howard H. ................. 135 .............. Cordele Ramsey, Tom ........................ 3 .............. Chatsworth Randall, Wm. C. (Billy) ............. 101 .............. Macon Ray, Robert ........................ 98 .............. Ft. Valley Reaves, Henry L. ................... 147 .............. Quitman Redding, Frank...................... 50 .............. Decatur Richardson, Eleanor L. ............... 52 .............. Decatur Robinson, Cas M..................... 58 .............. Stone
Mountain Ross, Ben Barton .................... 82 .............. Lincolnton Russell, John ........................ 64 .............. Winder Selman, Helen ...................... 32 .............. Palmetto Shepard, Neal....................... 71 ............. .Newnan Sherrod, Alien...................... 143 .............. Coolidge Sinkfield, Georganna ................. 37 .............. Atlanta

10

Name

District

Address

Sizemore, Earleen................... 136 .............. Sylvester Smith, Tommy ..................... 152 .............. Alma Smyre, Calvin ....................... 92 .............. Columbus Snow, Wayne, Jr...................... 1, Post 1 ........ Rossville Steinberg, Cathey W. ................ 46 .............. Atlanta Thomas, Charles..................... 69 .............. Temple Thompson, Steve..................... 20, Post 4 ........ Austell Towasend, Kiliaen V.R. (Kil).......... 24 .............. Atlanta Triplett, Tom ...................... 128 .............. Savannah Twiggs, Ralph ........................ 4, Post 2 ........ Hiawassee Waddle, Ted W..................... 113 ............. .Warner
Robins
Waldrep, Kenneth ................... 80 .............. Forsyth Walker, Charles W. .................. 85 .............. Augusta Walker, Larry ...................... 115 .............. Perry Ware, J. Crawford ................... 77 .............. Hogansville Watson, Roy (Sonny) ............... 114 .............. Warner
Robins Watts, L. Charles.................... 41 .............. Dallas White, John........................ 132 ............. .Albany White, Thomas H. (Tom) ............. 62 .............. Lilburn Wilder, Thomas E., Jr. ............... 21, Post 5 ........ Marietta Williams, Betty Jo ................... 48 ............. .Atlanta Williams, Rev. Hosea L............... 54 .............. Atlanta Williams, Roger ...................... 6, Post 1 ........ Dalton Wilson, Joe Mack ................... 20, Post 1 ........ Marietta Wood, Joe T. ........................ 9, Post 1 ....... .Gainesville Workman, Ken ...................... 51 .............. Decatur Yeargin, Charles..................... 14 .............. Elberton Young, Mary ...................... 134 .............. Albany

11

12

SENATE JOURNAL

Senate Chamber, Atlanta, Georgia Monday, January 10, 1983 First Legislative Day

The Senators-elect of the General Assembly of Georgia for the years 1983-1984 met pursuant to law in regular session in the Senate Chamber at 10:00 o'clock A.M. this day, and were called to order by Lieutenant Governor Zell Miller, President of the Senate.

The President introduced the Honorable Lester Maddox, a former President of the Senate and a former Governor of the State of Georgia, who offered scripture reading and prayer.

The following communication from Honorable David B. Poythress, Secretary of State, certifying the Senators-elect in the general election of 1982, was received and read by the Secretary:

STATE OF GEORGIA Office of Secretary of State
I, David B. Poythress, Secretary of State of the State of Georgia, do hereby certify that the attached three pages of typewritten matter are a true and correct list of the State Senators as elected in the November 2, 1982 General Election; all as the same appear of file and record in this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 8th day of December, in the year of our Lord One Thousand Nine Hundred and Eighty-two and of the Independence of the United States of America the Two Hundred and Seventh.
/s/ David B. Poythress Secretary of State

STATE SENATORS ELECTED TO THE GENERAL ASSEMBLY

November 2, 1982 General Election

District 1 2 3

Counties Portion of Chatham Portion of Chatham Portion of Bryan, Portion of Chatham, Portion of Glynn, Liberty, Mclntosh

Name J. Tom Coleman, Jr. Al Scott Glenn E. Bryant

14
4
5 6
7 8 9 10 11
12 13
14 15 16 17 18 19 20
21
22 23 24
25 26 27 28

JOURNAL OF THE SENATE

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

Joseph E. Kennedy
Joe Burton Bill Littlefield
Ed Perry Loyce W. Turner Tom Phillips Paul H. Trulock Jimmy Hodge Timmons
Al Holloway Rooney L. Bowen
Bud McKenzie Floyd Hudgins Ted J. Land Janice Horton Ed Barker Ronnie Walker Hugh Gillis, Sr.
Bill English
Thomas F. Allgood Jimmy Lester Sam McGill
Culver Kidd Richard L. Greene W. F. (Billy) Harris Kyle T. Cobb

MONDAY, JANUARY 10, 1983

15

29 Portion of Carroll, Harris,

Render Hill

Heard, Meriwether, Troup

30 Portion of Carroll, Portion

Wayne Garner

of Douglas

31

Portion of Bartow, Haralson,

Nathan Dean

Paulding, Polk

32 Portion of Cobb

Joe Thompson

33

Portion of Cobb

Roy E. Barnes

34 Portion of Douglas, Fayette,

Bev Engram

Portion of Fulton

35

Portion of Fulton

Frank E. Coggin

36 Portion of Fulton

David Scott

37

Portion of Cherokee, Portion

Carl Harrison

of Cobb

38

Portion of Fulton

Horace Edward Tate

39 Portion of Fulton

Julian Bond

40 Portion of Fulton

Paul D. Coverdell

41

Portion of DeKalb

James W. (Jim) Tysinger

42 Portion of DeKalb

Pierre Howard

43

Portion of DeKalb

Tom Scott

44 Portion of Clayton

Terrell A. Starr

45 Newton, Rockdale, Walton

Harrill L. Dawkins

46

Clarke, Portion of Jackson,

Paul C. Broun

Oconee

47

Banks, Elbert, Franklin,

M. Parks Brown

Hart, Portion of Jackson,

Madison

48

Barrow, Portion of Gwinnett

Donn M. Peevy

49 Portion of Forsyth, Hall

Nathan Deal

50 Dawson, Habersham, Lumpkin, John C. Foster

Rabun, Stephens, Towns,

Union, White

51

Portion of Cherokee, Fannin,

Max Brannon

Gilmer, Gordon, Pickens,

Portion of Whitfield

52 Portion of Bartow, Floyd

Ed Hine

53

Portion of Catoosa, Chattooga, E. G. Summers

Dade, Walker

54 Portion of Catoosa, Murray,

W. W. (Bill) Fincher, Jr.

Portion of Whitfield

55 Portion of DeKalb

Lawrence (Bud) Stumbaugh

56 Portion of Cobb, Portion of

Haskew Brantley

Forsyth, Portion of Fulton

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

Allgood Barker Barnes Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th Bryant Burton Cobb

Coggin Coleman Coverdell Dawkins Deal Dean

16

JOURNAL OF THE SENATE

English Engram Fincher Foster
X?, er
SHraerernise Harrison Hill Hine Holloway Horton

Howard Hudgins Kennedy Kidd
Land
LLitStlieNfield McGi11 McKenzie Peevy Perry Phillips

Scott of 2nd Scott of 36th Scott of 43rd Starr
Stumbaugh
TThaotempson Timmons Trulock Turner Tysinger Walker

Not answering was Senator Summers (deceased).

Due to the untimely death of Senator E. G. Summers on December IS, 1982, the 53rd Senatorial Seat is vacant and Governor Busbee has called a Special Election on January 25, 1983, to fill the vacancy.

The President introduced the Honorable Harold Hill, Chief Justice of the Supreme Court, who admistered the oath of office to the Senators-elect at their desks.

The President announced the appointment of the following Standing Committees for the 1983-1984 Term:

AGRICULTURE

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

Turner of 8th Walker of 19th

APPROPRIATIONS

STARR of 44th, Chairman HOLLOWAY of 12th, Vice Chairman ALLGOOD of 22nd, Secretary
Barnes of 33rd Bowen of 13th Broun of 46th Bryant of 3rd Coleman of 1st Coverdell of 40th Dean of 31st English of 21st Engram of 34th

Fincher 54th Garner of 30th Gillis of 20th Hill of 29th Horton of 17th Howard of 42nd Hudgins of 15th Kennedy of 4th Lester of 23rd McGill of 24th Scott (Tom) of 43rd

MONDAY, JANUARY 10, 1983

17

Stumbaugh of 55th Tate of 38th
Thompson of 32nd Turner of 8th

Continuation Subcommittee

STARR of 44th, Chairman Allgood of 22nd Broun of 46th Bryant of 3rd

Gillis of 20th Holloway of 12th Kennedy of 4th Stumbaugh of 55th

BANKING AND FINANCE

LESTER of 23rd, Chairman COLEMAN of 1st, Vice Chairman DAWKINS of 45th, Secretary
Brantley of 56th Broun of 46th Coverdell of 40th Gillis of 20th Holloway of 12th

Hudgins of 15th McKenzie of 14th Perry of 7th Phillips of 9th Scott (Tom) of 43rd Starr of 44th Thompson of 32nd Turner of 8th

Banking Subcommittee

COVERDELL of 40th, Chairman Brantley of 56th
Dawkins of 45th Holloway of 12th

Phillips of 9th Scott (Tom) of 43rd Starr of 44th

Ways and Means Subcommittee

MCKENZIE of 14th, Chairman Broun of 46th Coleman of 1st Gillis of 20th

Hudgins of 15th Perry of 7th Thompson of 32nd Turner of 8th

CHILDREN AND YOUTH

HUDGINS of 15th, Chairman LITTLEFIELD of 6th, Vice Chairman BURTON of 5th, Secretary
Bond of 39th

Brannon of 51st Tate of 38th Thompson of 32nd

CONSUMER AFFAIRS

BOND of 39th, Chairman COGGIN of 35th, Vice Chairman BARKER of 18th, Secretary

Brantley of 56th Scott (David) of 36th

18

JOURNAL OF THE SENATE

DEFENSE AND VETERANS AFFAIRS

THOMPSON of 32nd, Chairman PERRY of 7th, Vice Chairman PHILLIPS of 9th, Secretary

Brannon of 51st Mine of 52nd

ECONOMIC DEVELOPMENT AND TOURISM

BROUN of 46th, Chairman TRULOCK of 10th, Vice Chairman ENGRAM of 34th, Secretary
Coverdell of 40th Foster of 50th

Gillis of 20th Harris of 27th Horton of 17th Scott (David) of 36th Tysinger of 41st

Small Business Subcommittee

TYSINGER of 41st, Chairman Coverdell of 40th

Harris of 27th Scott (David) of 36th

FOSTER of 50th, Chairman Engram of 34th

Tourism Subcommittee
Gillis of 20th Trulock of 10th

EDUCATION

FOSTER of 50th, Chairman ENGRAM of 34th, Vice Chairman BURTON of 5th, Secretary
Dawkins of 45th Deal of 49th Dean of 31st Harrison of 37th

Land of 16th Phillips of 9th Starr of 44th Tate of 38th

BURTON of 5th, Chairman Deal of 49th

Libraries Subcommittee
Dean of 31st Phillips of 9th

Primary and Secondary Subcommittee

TATE of 38th, Chairman Dawkins of 45th

Engram of 34th

MONDAY, JANUARY 10, 1983

19

Vocational and Technical Subcommittee

HARRISON of 37th, Chairman

Land of 16th Starr of 44th

FEDERAL, STATE AND COMMUNITY AFFAIRS

SCOTT (ToM) of 43rd, Chairman McKENZiE of 14th, Vice Chairman HARRIS of 27th, Secretary
Burton of 5th Cobb of 28th

Peevy of 48th Phillips of 9th Scott (Al) of 2nd Scott (David) of 36th

Local Affairs Subcommittee

MCKENZIE of 14th, Chairman Cobb of 28th

Harris of 27th Scott (Al) of 2nd

GOVERNMENTAL OPERATIONS

KIDD of 25th, Chairman BRANNON of 51st, Vice Chairman LITTLEFIELD of 6th, Secretary
Barker of 18th Bond of 39th Coggin of 35th

Coleman of 1st Garner of 30th Hill of 29th Horton of 17th Stumbaugh of 55th

Governmental Organization Subcommittee

COGGIN of 35th, Chairman Coleman of 1st Horton of 17th

Littlefield of 6th Stumbaugh of 55th

Merit System Subcommittee

BARKER of 18th, Chairman
Bond of 39th Brannon of 51st

Garner of 30th Hill of 29th

HIGHER EDUCATION

FINCHER of 54th, Chairman
SCOTT (DAVID) of 36th, Vice Chairman TYSINGER of 41st, Secretary
Allgood of 22nd

Broun of 46th
English of 21st Hine of 52nd

20

JOURNAL OF THE SENATE

Science and Technology Subcommittee

TYSINGER of 41st, Chairman Broun of 46th

Scott (David) of 36th

University System Subcommittee

ENGLISH of 21st, Chairman Allgood of 22nd

Hine of 52nd

HUMAN RESOURCES

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

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

GREENE of 26th, Chairman Bond of 39th

Aging Subcommittee Fincher of 54th

Mental Health and Mental Retardation Subcommittee

LESTER of 23rd, Chairman Brown of 47th

Kidd of 25th

Social Services and Vocational Rehabilitation Subcommittee

HINE of 52nd, Chairman Bond of 39th

Brantley of 56th

INDUSTRY AND LABOR

WALKER of 19th, Chairman TYSINGER of 41st, Vice Chairman HARRISON of 37th, Secretary
Bryant of 3rd Cobb of 28th Dawkins of 45th

Foster of 50th
Hill of 29th Hudgins of 15th McKenzie of 14th Scott (Tom) of 43rd

STUMBAUGH of 55th, Chairman LAND of 16th, Vice Chairman
LITTLEFIELD of 6th, Secretary

INSURANCE
Allgood of 22nd Deal of 49th Fincher of 54th

MONDAY, JANUARY 10, 1983

21

Greene of 26th Harrison of 37th

Peevy of 48th

INTERSTATE COOPERATION

HILL of 29th, Chairman FOSTER of 50th, Vice Chairman FINCHER of 54th, Secretary

English of 21st Holloway of 12th

JUDICIARY

DEAL of 49th, Chairman ALLGOOD of 22nd, Vice Chairman COGGIN of 35th, Secretary
Burton of 5th

Mine of 52nd Howard of 42nd Lester of 23rd

JUDICIARY AND CONSTITUTIONAL LAW

GREENE of 26th, Chairman BARNES of 33rd, Vice Chairman DAWKINS of 45th, Secretary

Land of 16th Littlefield of 6th Peevy of 48th

NATURAL RESOURCES AND ENVIRONMENTAL QUALITY

GILLIS of 20th, Chairman BOWEN of 13th, Vice Chairman ENGLISH of 21st, Secretary
Barker of 18th Brantley of 56th Bryant of 3rd Cobb of 28th

Kennedy of 4th
McGill of 24th Perry of 7th
Timmons of llth Walker of 19th

Game and Fish Subcommittee

PERRY of 7th, Chairman Barker of 18th

Bryant of 3rd Timmons of llth

Parks & Historical Sites Subcommittee

WALKER of 19th, Chairman English of 21st

Kennedy of 4th McGill of 24th

Resources & Environmental Control Subcommittee

BOWEN of 13th, Chairman Brantley of 56th

Cobb of 28th Gillis of 20th

22

JOURNAL OF THE SENATE

OFFENDER REHABILITATION

GARNER of 30th, Chairman SCOTT (At) of 2nd, Vice Chairman ENGRAM of 34th, Secretary
Foster of 50th

Kennedy of 4th Kidd of 25th

Penal & Correctional Institutions Subcommittee

KENNEDY of 4th, Chairman Foster of 50th

Kidd of 25th

Probation, Pardons & Paroles Subcommittee
SCOTT (At) of 2nd, Chairman Engrain of 34th

PUBLIC SAFETY

TIMMONS of llth, Chairman COBB of 28th, Vice Chairman BOWEN of 13th, Secretary
Brannon of 51st

Harris of 27th Perry of 7th

PUBLIC UTILITIES

BROWN of 47th, Chairman HILL of 29th, Vice Chairman SCOTT (AL) of 2nd, Secretary

Barnes of 33rd Tysinger of 41st

TURNER of 8th, Chairman TATE of 38th, Vice Chairman
Secretary
Brown of 47th

RETIREMENT
Coverdell of 40th McGill of 24th Timmons of llth Trulock of 10th

DEAN of 31st, Chairman HORTON of 17th, Vice Chairman COGGIN of 35th, Secretary
Barker of 18th Bowen of 13th Garner of 30th Greene of 26th Harrison of 37th
Holloway of 12th

RULES
Howard of 42nd Kidd of 25th Scott (Al) of 2nd Starr of 44th Stumbaugh of 55th Trulock of 10th Walker of 19th Barnes of 33rd Ex Officio

MONDAY, JANUARY 10, 1983

23

Audit Subcommittee

HOLLOWAY of 12th, Chairman Dean of 31st Greene of 26th

Howard of 42nd Trulock of 10th

Enrolling and Journals Subcommittee

BARKER of 18th, Chairman Garner of 30th

Harrison of 37th

TRANSPORTATION

HOLLOWAY of 12th, Chairman PEEVY of 48th, Vice Chairman BRYANT of 3rd, Secretary
Barnes of 33rd Brown of 47th Coleman of 1st

Deal of 49th Dean of 31st Harris of 27th Land of 16th McKenzie of 14th

Highways and Motor Vehicles Subcommittee

BRYANT of 3rd, Chairman Brown of 47th Deal of 49th

Harris of 27th Peevy of 48th

State Ports Subcommittee

COLEMAN of 1st, Chairman Barnes of 33rd

Dean of 31st Land of 16th

The President announced that the next order of business was the election of the President Pro Tempore.

Senator Gillis of the 20th nominated Senator Kennedy of the 4th as President Pro Tempore.

Senator Lester of the 23rd seconded the nomination.

Senator Allgood of the 22nd asked unanimous consent that the nominations be closed and that the Secretary be instructed to cast the vote of the entire body for Senator Kennedy of the 4th.

The consent was granted and Senator Kennedy of the 4th was declared elected President Pro Tempore.

24

JOURNAL OF THE SENATE

The President appointed Senators Lester of the 23rd, Bryant of the 3rd, Allgood
of the 22nd, Gillis of the 20th, Walker of the 19th and Garner of the 30th as a com-
mittee to escort Senator Kennedy of the 4th, President Pro Tempore, to the Well of the Senate.

The President announced the next order of business was the election of the Secretary of the Senate.

Senator Broun of the 46th nominated Honorable Hamilton McWhorter, Jr., of Oglethorpe County as Secretary of the Senate.

Senator Allgood of the 22nd asked unanimous consent that the nominations be closed and the Assistant Secretary, Alice E. Hoge, be instructed to cast the vote of the entire body for Honorable Hamilton McWhorter, Jr.

The consent was granted and Honorable Hamilton McWhorter, Jr. was declared elected Secretary of the Senate.

The oath of office as Secretary was administered to Honorable Hamilton McWhorter, Jr. by the President.

Lieutenant Governor Zell Miller, President of the Senate, addressed the Senators as follows:

Ladies and Gentlemen of the Georgia Senate:
On behalf of the constituents who sent each of you here individually, and all Georgians whose interest you will serve collectively, it is my privilege to congratulate you upon taking your seats as the leaders comprising the select and distinguished legislative body known as the Georgia Senate.
For those of you who are returning, I congratulate you upon the endorsement by your constituents of your past service and wish you all success in continuing it.
For those of you who are serving for the first time, I congratulate you upon earning the confidence of your constituents and wish you every success in proving yourselves worthy of it.
I understand and appreciate the magnitude of the achievements of getting elected and re-elected, because it was 22 years ago that I experienced the thrill of coming here as a freshman, and 20 years ago that I savored the satisfaction of being returned one out of five who were re-elected.
One of my first friends and mentors upon becoming a Senator was our esteemed Secretary, Hamilton McWhorter, who was himself a Senator at that time. And I want to take this opportunity to pay tribute to him for the great job he is doing as Secretary. I am certain you will agree with me that Presidents of the Senate may come and go, but he is the one person who is indispensible to the successful operation of this body.

MONDAY, JANUARY 10, 1983

25

Those of you who are new to the Senate will learn quickly that there are two words which characterize this body independence and cooperation. We work in harmony and mutual respect at all times with the Executive Branch; but, in so doing, we never lose sight of the fact that we are in the separate and co-equal Legislative Branch.
We maintain a close working relationship and spirit of harmony with the House of Representatives; but, in so doing, we keep in mind at all times that we are a separate body with a mandate from the voters to work our independent will upon all legislative matters, including the appropriations process.
We convene today confronted by problems so numerous and complex that they demand that both branches and both houses work together to solve them in the best interests of all Georgians. I am confident that I speak your collective sentiments when I say that the Georgia Senate approaches them with dedication toward such cooperation.
Fortunately, we will work together on the solid foundation of Georgia's being one of the top five states in the nation in fiscal soundness. And we will build upon that foundation to achieve prudent progress, carefully planned and efficiently and economically implemented on the basis of optimism rather than pessimism for the future which lies ahead.
If I were a minister taking a text to set the tone for this day and this session, I would turn to Ecclesiastes 11:4 wherein we are told:
"He that observeth the wind shall not sow, and he that regardeth the clouds shall not reap."
With that thought in mind, let us get to the work at hand; and, keeping that thought in mind, I have no doubt that we will be pleased with the harvest of our efforts when the time for adjournment arrives.
Thank you.

The President introduced Dr. James Kaufmann, who is in charge of the doctor of
the day program for the General Assembly during the legislative session. Dr. Kaufmann introduced Pamela Acree and announced that she would be serving as the nurse in the medical aid station during the 1983 session of the General Assembly.

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

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

HR 1. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th, Russell of the 64th, Lee of the 72nd and Edwards of the 112th:
A resolution to notify the Senate that the House of Representatives has convened.

26

JOURNAL OF THE SENATE

HR 2. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th, Russell of the 64th, Lee of the 72nd and Edwards of the 112th:
A resolution to notify the Governor that the General Assembly has convened.

The Speaker has appointed as a Committee of Escort on the part of the House the following members:
Representatives Bray of the 91st, Byrd of the 153rd, Long of the 142nd, Edwards of the 112th, Lambert of the 66th, Matthews of the 145th and Randall of the 101st.

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

SR 1. By Senators Dean of the 31st, Kennedy of the 4th and Allgood of the 22nd: A resolution adopting the Rules of the Senate for the regular 1983 session.

Senator Howard of the 42nd offered the following amendment:

Amend SR 1 by adding at the end thereof the following:
"BE IT FURTHER RESOLVED that, notwithstanding any other provision of this resolution, the Rules of the Senate are amended by adding between Rules 192 and 193 a new Rule 192.1 to read as follows:
'Rule 192.1. No standing or interim committee or subcommittee of the Senate shall officially meet at any place within the State where any citizen of the State is denied admittance on the basis of religion, race, creed, nationality, or sex or on property belonging to any private club, organization, or association in which any citizen is denied membership on the basis of religion, race, creed, nationality, or sex.'"

Senator Howard of the 42nd asked unanimous consent to withdraw the amendment. The consent was granted, and the amendment offered by Senator Howard of the 42nd was withdrawn.

Senator Howard of the 42nd offered the following amendment:

Amend SR 1 by adding at the end of Rule 187 the following:
"No standing committee or interim committee or subcommittee of the Senate shall officially meet at any place within the State where any citizen of the State is denied admittance on the basis of religion, race, creed, nationality, or sex or on property belonging to any private club, organization, or association in which any citizen is denied membership on

MONDAY, JANUARY 10, 1983

27

the basis of religion, race, creed, nationality, or sex; except a correctional facility may be exempt if security requirements demand."

On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.

On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended.

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

SR 2. By Senators Kennedy of the 4th, Allgood of the 22nd and Dean of the 31st:
A resolution to notify the House of Representatives that the Senate has convened.

On the adoption of the resolution, the yeas were 44, nays 0.

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

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

HR 2. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others:
A resolution to notify the Governor that the General Assembly has convened.

On the adoption of the resolution, the yeas were 40, 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 adopted by the requisite constitutional majority the following resolutions of the House:

28

JOURNAL OF THE SENATE

HR 5. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others:

A resolution calling a joint session of the House of Representatives and Senate; providing for other matters relative to the inauguration of the Governor and Lieutenant Governor.

The Speaker appointed as a Committee of Escort on the part of the House the following members:
Representatives Jackson of the 9th, Sizemore of the 136th, Walker of the 115th, Wilson of the 20th, Wood of the 9th, Brooks of the 34th and Colwell of the 4th.

HR 6. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.

The Speaker appointed as a Committee of Escort on the part of the House the following members:
Representatives Evans of the 84th, Richardson of the 52nd, Ross of the 82nd, Triplett of the 128th, Mangum of the 57th, Clark of the 55th and Russell of the 64th.

HR 7. By Representatives Walker of the 115th and Murphy of the 18th:
A resolution inviting the Justices of the Supreme Court of Georgia and the judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor.

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

MONDAY, JANUARY 10, 1983

29

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 23, 1982
Honorable Zell Miller Lieutenant Governor of Georgia President of the Senate State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Miller:
I have vetoed Senate Bills 343, 470, 511, 522, 558 and 584 which were passed by the General Assembly of Georgia at the 1982 Regular Session.
Article V, Section II, Paragraph VI of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed.
Sincerely,
/s/ George Busbee
Enclosures cc: Honorable Thomas B. Murphy, Speaker, House of Representatives
Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of Senate Honorable Frank H. Edwards, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable David B. Poythress, Secretary of State

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 23, 1982
Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bills 76, 530, 1167, 1256, 1390 and 1736 which were passed by the General Assembly of Georgia at the 1982 Regular Session.
Article V, Section II, Paragraph VI of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed.
Sincerely,
/s/ George Busbee

30

JOURNAL OF THE SENATE

Enclosures cc: Honorable Zell Miller, Lieutenant Governor of Georgia
Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of Senate Honorable Frank H. Edwards, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable David B. Poythress, Secretary of State
Veto No. 13 S. B. 343 by Senator Greene of the 26th.
Senate Bill 343 changes the training requirements of certain applicants for chiropractic licensure. Because of a technical drafting error, the author of Senate Bill 343 has requested that this bill be vetoed in the light of the fact that a corrected version of the substantive change sought to be effected by this bill was incorporated into separate legislation already passed by the General Assembly and approved by me.
Veto No. 14 S. B. 511 by Senators Garner of the 30th, Hill of the 29th, Cobb of the 28th and Barnes of the 33rd.
Senate Bill 511 is a mixture of constitutionally impermissible substantive and procedural legal concepts which, taken as a whole, results in a bill which I cannot sign.
The first part of the bill prohibits the publication of the name or identity of any person under the age of 17 who has been or may have been the victim of a felony without the written consent of a parent or legal guardian of such person. The bill makes it a misdemeanor to do so. While it is important that we protect the youthful victims of crime in this State to the greatest extent possible, this bill would directly infringe on the right of the press to freely publish matters which are of legitimate public concern. This is clearly an infringement on the right to freedom of the press in violation of the First Amendment, and I feel the courts, if this bill were signed into law, would so declare it.
The second part of the bill prohibits the sale of obscene material to minors and the display of such materials in public places where minors may frequent. Last year, I signed into law a similar bill (Act 785) notwithstanding serious reservations that I had concerning its impact upon First Amendment rights. That Act was declared to be unconstitutionally overbroad and vague which resulted in the infringement on the First Amendment rights of both minors and adults. It is evident that the authors of Senate Bill 511 have attempted to remedy each and every defect found by the court in Act 785. However, I have grave concerns about the constitutionality of the display provisions.
The limitation of the materials that may be displayed at public places to that which is suitable to minors will prevent the perusal by adults at public places of materials which are not obscene as to adults. While the intent of the bill is certainly laudable and it is important that we protect our youth to the greatest extent possible, this bill infringes on the rights of adults to view constitutionally protected material. This is clearly a prior restraint on the free exercise of speech of adults in violation of the First Amendment, and I feel the courts, if this bill were signed into law, would so declare it.

MONDAY, JANUARY 10, 1983

31

My third objection to Senate Bill 511 is that it is violative of the Georgia Constitution which prohibits the passage of any law which contains more than one subject matter. Senate Bill 511 contains two subject matters with no unity of purpose. The first part of the bill regulates the manner in which the press may report a criminal offense where a minor is or may be a victim. The second part of the bill establishes standards by which materials may be found harmful to minors and prohibits the display or sale of such materials to minors.
These separate legal concepts are clearly not substantively germane to one another since one attempts to limit the press and the other attempts to limit the sale of defined material. They are conjecturally related only in that they both deal with minors. In my opinion, this is not sufficient under our State Constitution.
Veto No. 15 S. B. 522 by Senator Barnes of the 33rd.
Senate Bill 522 would provide that a postponement shall be granted by the court as a matter of right if notice is given prior to the call of the case that counsel for either party is absent due to the trial of a case in another court. The author of Senate Bill 522, following the decision of the Court of Appeals found in 160 Ga. App. 413, in a thoughtful and reflective manner attempted to provide a workable solution to the dilemma which often counsel are faced when their presence is required in two different courts. However, keeping in mind that the present state of the law provides a workable solution if timely pursued by counsel, and that by far and large the trial judges of this State will exercise sound discretion and good judgment in granting continuances, it is my belief that far more damage and potential for abuse of the orderly administration of the trial court business would exist if Senate Bill 522 were allowed to become law than is presently possible. Given the options, I feel the final resolution of such conflicts is better left to the judgment of the court than in the hands of counsel alone.
Veto No. 16 Senate Bill 558 by Senator Kidd of the 25th.
Senate Bill 558 would grant to certain job classes of state correctional officers a two grade upward reassignment. I have investigated the relative equity of the pay grade assignments of the employees affected by Senate Bill 558. The pay scales of such officers are not in perfect harmony with similar employee classes. This deficiency, therefore, will be corrected through appropriate administrative channels within the State Merit System. While recognizing that a problem exists as to these employees' pay grades, it is an unwise precedent to allow the correction of such deficiencies to be addressed legislatively. To do so would perhaps encourage those among the ranks of state employees who possess the sophistication and political expertise to seek redress through their elected officials, while the less powerful and politically knowledgeable employees' needs would perhaps go unattended. The administiation of state personnel management based upon merit ensures a professional and impartial mechanism to achieve equity among all classes of employees. This system will be employed to redress the grievances of the affected correctional officers. Therefore, Senate Bill 558 is not required, and it has been accordingly vetoed.

32

JOURNAL OF THE SENATE

Veto No. 17 Senate Bill 584 by Senators Kennedy of the 4th, Gillis of the 20th, English of the 21st and others.
Senate Bill 584 would provide that the Board of Offender Rehabilitation is not authorized to compensate inmates employed in any industry or performing services at any correction institution. While the Board currently has the authority to provide compensation for employed inmates and has had such authority since 1975, it has never been exercised. This is due primarily to the fact that no funds have ever been appropriated to the Board for that purpose. While I agree with the concept, I feel that the appropriate way to decide the issue of whether inmates should be compensated for their service is through the annual appropriations process. We should not foreclose the use of this rehabilitative tool in our corrections administration in the future, if funds are appropriated. For this reason, I am vetoing Senate Bill 584.
Veto No. 18 House Bill 76 by Representative Hutchinson of the 133rd.
House Bill 76 would, among other matters, provide that after November 1, 1982, no member of the Employees' Retirement System of Georgia would be required to retire because of age. The implications of this change in the personnel administration of this State is profound. Only recently the mandatory retirement age was appreciably increased to age 70. The effect of this significant personnel policy change has not yet fully been analyzed or evaluated. There are presently in place adequate exceptions to the mandatory retirement age to enable the State to continue to utilize the unique talents and abilities of older employees possessing essential professional, scientific or technical skills beyond the age of 70. I think it unwise at this particularly uneasy time to embark upon a change in personnel management of unknown dimensions.
Veto No. 19 H. B. 530 by Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others.
House Bill 530 provides a "long arm statute" which specifies the circumstances under which personal jurisdiction might be achieved over nonresidents in actions relating to alimony, child support and the division of property in relation to divorce. I am concerned that two of the permissible conditions specified do not constitute sufficient nexus with the State, and I am, therefore, fearful that the entire statute might be declared unconstitutional by the courts if challenged at a later date. I have discussed my concerns with those parties interested in the bill, and we have collectively agreed that it would be the better part of wisdom to address the nexus problems with more intensive study and then provide the State at the next session of the General Assembly with a strong, defensible long arm statute. Therefore, I have not allowed House Bill 530 to become law.
Veto No. 20 H. B. 1256 by Representative Lane of the 40th.
House Bill 1256 creates the State Boxing Commission and invests the Commission with the authority to regulate the promotion or holding of professional boxing matches. The Commission is composed of three members, one to be appointed by the Governor, one by the Lieutenant Governor and one by the Speaker of the House of Representatives. The regulation and licensing of professional boxing is an executive function. I find no problem

MONDAY, JANUARY 10, 1983

33

with the objectives sought to be achieved by the creation of the Commission. However, I feel strongly that it is unwise to allow legislative or judicial officers to appoint members to executive agencies. Accordingly, I have vetoed House Bill 1256.
Veto No. 21 H. B. 1736 by Representatives Manner of the 130th and Coleman of the 118th.
House Bill 1736 would allow employees of the state and local political subdivisions whose principal duties relate to the incarceration or supervision of persons accused or convicted of crimes to be included within the definition of prison guards who are eligible for indemnification due to the death or disability of such personnel occurring in the line of duty. The authors' intent was to include parole and probation officers only. The Constitution permits the General Assembly to provide such benefits only to law enforcement officers, prison guards or firemen. To expand the category of personnel eligible to receive such indemnification to anyone not even remotely related to the hazardous working conditions experienced by prison guards whose daily routine requires their close supervisory contact and association with dangerous criminals was not contemplated by the people of this State when the Constitution was amended to permit such compensation. If House Bill 1736 were allowed to become law, a clerical employee of the Department of Offender Rehabilitation injured or killed in an automobile accident while performing a routine errand for the Department would be eligible for a maximum indemnification payment of $50,000, notwithstanding the fact that that employee never experienced any more hazardous working conditions during his entire work experience than the thousands of the other clerical employees working daily throughout this entire State. The indemnification program was inaugurated for the purpose of indemnifying those persons injured or killed in the course of the extremely hazardous work environment experienced by law enforcement officers, prison guards and firemen. I see no justification for expanding the benefits of the program to those categories of employees who do not participate in or are not exposed to the very real dangers of such hazardous professions. Therefore, I have vetoed House Bill 1736.
Veto No. 22 S. B. 470 by Senators Thompson of the 32nd, Barnes of the 33rd and Stumbaugh of the 55th.
Senate Bill 470 would authorize a jury, upon the finding that one or more aggravating circumstances were present in the commission of a crime in which the death penalty was sought, to impose a sentence of "life without parole."
If there was one single issue which dominated or characterized the prevailing mind set of the majority of the members of the General Assembly in the 1982 session, it was the issue of "law and order" and "let's get tough with the criminals." Due in large part to the public's very understandable reaction of outrage and frustration due to the failure of the criminal justice system to be able to respond appropriately by permitting the imposition of the death penalty as punishment for one of the more horrible and vile crimes committed within recent memory, the General Assembly reacted with a deluge of proposals to address this concern. Many of the proposals were wellconceived, artfully drafted and responsibly presented throughout the legisla-

34

JOURNAL OF THE SENATE

live process. Unfortunately, other proposals were not imbued with those attributes.
Senate Bill 470 in my judgment was one of the more irresponsible products of the law and order demagoguery which so often shouted down and swept before it responsible descent in the rush of the irresponsible or illinformed supporters of this proposal to demonstrate to their constituency that they were indeed the champion of the lawful and the annointed enemy of the criminal.
The enactment of the life without parole legislation in my judgment is the cruelest hoax visited upon the public by the General Assembly in recent memory. The public during this session of the General Assembly manifested a very real interest and desire for a change in our criminal justice system so that when particularly terrible crimes are committed, but yet a jury cannot unanimously agree that a death sentence is warranted, that there be some alternative to a prison sentence which might result in the perpetrator being released after a minimum period of confinement of seven years. I, myself, find no particular fault with the concept desired by the people. However, there were available to the General Assembly correct avenues and means as well as ill-conceived and inappropriate ways to execute this policy.
For reasons which I am totally without ability to comprehend, the General Assembly elected to choose the most obviously and patently wrong way to proceed to effectuate this concept; and when any attempt at responsible constraint or wise counsel was advanced, it was immediately and effectively silenced or ignored by the breast beating "law and order majority." If the time has come in Georgia to limit the absolute constitutional authority of the State Board of Pardons and Paroles to grant executive clemency to persons convicted and sentenced to life imprisonment for the commission of certain crimes, then no member of the General Assembly is without the presumed knowledge that the Constitution must first be altered to permit this limitation of the Board's otherwise complete and unrestrained authority. The proposed new Constitution, adopted in the 1981 special session, was successfully amended during the 1982 session of the General Assembly to specifically authorize the General Assembly to limit the Board's authority in precisely this exact instance. Therefore, all that was required of the General Assembly was to enact an appropriate statute and for its effectiveness to be made contingent upon the Constitution being altered to permit the action in order to successfully limit the Board's authority. Such a statute would have been legally sound and absolutely unassailable on constitutional grounds. Instead, a majority of the General Assembly elected to proceed without constitutional authority in the most oblique and contorted manner by allowing a jury to impose a sentence of life without parole.
If Senate Bill 470 were allowed to become law, there is no doubt in my mind that the public and in particular every juror who voted for a life without parole sentence would justifiably, but mistakenly, believe that a person so sentenced would indeed spend the remainder of his life in prison. In actuality, nothing further from the truth would result, and the State Board of Pardons and Paroles, could (but, of course, in my judgment would not) release on parole the convicted and sentenced individual the very next day following the imposition of the jury sentence. I will not permit the public to be so deceived and to further subject the criminal justice system to derision

MONDAY, JANUARY 10, 1983

35

and ridicule when this cruel hoax would be immediately unmasked at the very first opportunity by any challenge within our judicial system.
When the Supreme Court of the United States declared unconstitutional our death penalty statute and provided guidelines which must be followed in order that the death penalty might be imposed in certain aggravated cases, we complied by passing a new death statute that limited the imposition of the death penalty to those cases in which these aggravating circumstances were found to exist by the jury. Our new statute has been determined to be constitutional by the Supreme Court of the United States. We now have over 100 prisoners on death row that have been sentenced to death under a constitutional law, and yet these prisoners remain there year after year while a never ending game of delay is played out in our judicial system.
It has been my sad experience to meet with members of the Alday family whose loved ones were mutilated by mass murderers; with a grandmother whose grandbaby was sexually abused, mutilated and murdered; and with Reverend Buice whose daughter's murder and resulting trial have only heightened the public's sense of frustration with the delays experienced with the death penalty.
It is with the foregoing background that I can honestly say that there is not a stronger advocate in Georgia of the imposition of the death sentence than George Busbee.
At the suggestion of the Supreme Court of Georgia, and with my support the Georgia General Assembly passed a unified appeal statute to combine and expedite appeals in the State judicial system. But we still have inexplainable delays in the federal courts.
The Attorney General of Georgia has served notice on the federal courts that the State will not agree to any further delays in the federal courts. He has computerized the trial status of every prisoner on death row so as to expedite hearings before the federal courts.
As I stated several months ago, it appears that we are on the road to removing the roadblocks on carrying out the death penalty, and it appeared that we would have our first execution the latter part of this year or early next year. It is with this scenario that I have evaluated the bill under consideration.
Even if Senate Bill 470 did not, as it does, patently violate our State Constitution, I would not approve of it, because in my judgment, the bill represents a serious weakening of our death penalty. If I were to sign this bill today and were it to remain operative until thrown out by the court, irreparable harm would result.
First, the approval of this bill could very well result in the constitutional death statute we now have being declared unconstitutional.
Under the present death penalty statute, after a determination of guilt, if a jury finds that one or more of the specified aggravating circumstances were present in the commission of the crime, the jury is authorized to impose the death sentence. The only other alternative is a sentence of impris-

36

JOURNAL OF THE SENATE

onment for life. This bill will provide the jury with a third alternative. If the jury found the same aggravating circumstances present that would legally authorize them to impose the death penalty, the jury may impose a sentence of life without parole. For this reason, Senate Bill 470 would further impede the imposition of the death sentence even in those cases where the Supreme Court has stated it would be permissible to impose the penalty of death.
For the very same legal reasons I have explored more fully in my veto message of House Bill 1167 (Veto No. 23), the Supreme Court would in my judgment declare this bill unconstitutional because it does not provide any rationally reviewable process to determine why in one instance during the commission of a crime an aggravating circumstance caused the imposition of a death sentence, but permits in another instance, identical in its factual occurrence, that a life without parole sentence would be imposed. The bill thus allows the arbitrary and capricious imposition of the death sentence which must be struck down by the courts. In the meantime, how many murderers will have escaped the death penalty which, without this bill, would have otherwise been sentenced to a just and appropriate penalty of death?
The means to accomplish the desired objective of insuring that persons who commit certain crimes and are sentenced to imprisonment for life will not be paroled is available if the people will pass the proposed new Constitution in November which contains therein the authorization of the General Assembly to so limit the powers of the Board of Pardons and Paroles.
Meanwhile, I think we should preserve the death statute we have and not open it up to constitutional attack, and that we should try to expedite the execution of the sentences of death that have been imposed.
I have listened to the election year rhetoric and demagoguery in the passage of this bill, and I am prepared for that which will follow my veto. Meanwhile, I will continue to support the death penalty and seek to expedite it in every lawful instance as I feel that it is the greatest deterrent to the commission of heinous crimes.
I commend the responsible members of the General Assembly who had the courage to exert unpopular opposition to this proposal. I am convinced that thoughtful reflection will demonstrate the wisdom of those members' opposition and the correctness of my decision to veto Senate Bill 470.
Veto No. 23 H. B. 1167 by Representatives Darden of the 19th and Snow of the 1st.
House Bill 1167 would authorize the court in criminal cases in which the death penalty were being sought to declare a mistrial, impanel a new jury and proceed to completion with the sentencing portion of the case when at least ten, but less than 12, of the original jurors were in favor of imposing the death sentence and at least one aggravating circumstance was found to be present. The very same crime and circumstances which caused the General Assembly to enact Senate Bill 470 provided the motivation to address the very same frustrations enunciated by the public as a result of that case, but to approach the problem differently as outlined above.
I feel that my own very strong support of the death penalty and belief that the death penalty is an appropriate punishment for the commission of

MONDAY, JANUARY 10, 1983

37

particularly heinous crimes is shared and concurred in by the vast majority of the citizens of this State. Since the death penalty was reinstituted in Georgia in 1973, every case in which the death penalty was imposed has been appealed to the Georgia Supreme Court, and in those cases in which the death penalty was affirmed by the Georgia Supreme Court, ultimately to the United States Supreme Court. Over this nine year period of repeated court challenge, the 1973 death penalty statute and its procedural safeguards have by far and large successfully withstood the scrutiny of the United States Supreme Court's review and has in substantial and material part survived all constitutional challenges. Nevertheless, the death penalty in Georgia hangs in balance by a precarious and delicate thread of equalibrium. House Bill 1167 could destroy this extremely sensitive balance and subject all future death sentences to a very uncertain and hazardous court challenge.
The Supreme Court demands of each state which wishes to authorize capital punishment to tailor and apply its death penalty statute in a manner that avoids the possibility of the arbitrary and capricious imposition of this ultimate punishment. The capital sentencing scheme must provide a meaningful basis for distinguishing the few cases in which the death penalty is imposed from the many cases in which it is not. No statute authorizing capital punishment can be successfully defended before the courts which creates a substantial risk that the punishment will be inflicted in an arbitrary and capricious manner.
It is my personal opinion, concurred in and supported by respected authorities on the issue of capital punishment, that a sentencing scheme which on the one hand allows the State to accept the decision of a divided jury's decision to not permit the imposition of the death sentence and agree in lieu thereof to a life sentence, but on the other hand, for unspecified reasons, in a case in which at least ten of the jurors have voted in favor of the death penalty, if an aggravating circumstance is present, to unilaterally opt for the opportunity to once more convince a new panel of jurors to achieve a unanimous decision to impose the death sentence, is without the necessary safeguards to foreclose arbitrary and capricious sentencing patterns.
Because House Bill 1167 lacks clear and objective standards that provide specific and detailed criteria whereby the two different results in such cases can be distinguished, the sentencing scheme would not afford a rationally reviewable process for imposing a sentence of death. It is no longer the subject of conjecture that a sentencing scheme which does not comport with the above criteria will not meet constitutional muster before the courts.
I do not believe that any public official supports the death penalty with more ardor or advocates a more vociferous defense for the concept than I. If we are to have the ordered society which the public deserves and demands, a well formulated and constitutionally sound death penalty law is the linchpin of the criminal justice system which stands as the first line of defense against the ever expanding criminal element which threatens the very foundations of such a society. To wager the benefits to be derived from the very isolated and extremely rare instances in which the procedures advocated in House Bill 1167 would be applied against the very real and substantial benefits of the nine years of court review and approval of this State's death penalty law, is a wager in which the potential loss vastly and overwhelm-

38

JOURNAL OF THE SENATE

ingly outweighs the benefits. I am, therefore, left with no other alternative than to foreclose the possibility of losing the death penalty in this State. Accordingly, House Bill 1167 has been vetoed.
Veto No. 24 H. B. 1390 by Representatives Argo of the 63rd, Adams of the 36th, Bolster of the 30th and Johnson of the 66th.
House Bill 1390 creates the Renewable Energy Research and Development Council. The Council would duplicate the responsibility and functions of an existing state agency which is on line, functioning and fully funded. I do not, therefore, agree that a duplication of this responsibility is necessary or wise. Therefore, I have vetoed House Bill 1390.

The following communication was received and read by the Secretary:

The General Assembly Atlanta

TO:

Honorable David B. Poythress

Secretary of State

This is to certify that Honorable Doug Whitmire, Hall County, has
been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, as a member of the State Transportation Board from the Ninth Congressional District, for a term beginning
November 10, 1982, and expiring April 15, 1984, and until his successor is elected and qualified.

This 10th day of November, 1982.
/s/ Zell Miller President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

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

At 11:23 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

TUESDAY, JANUARY 11, 1983

39

Senate Chamber, Atlanta, Georgia Tuesday, January 11, 1983 Second Legislative Day

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

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

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

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

SB 1. By Senators Cobb of the 28th, Hill of the 29th, Holloway of the 12th and others:
A bill to amend Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to malt beverages.
Referred to Committee on Industry and Labor.

SB 2. By Senators Cobb of the 28th, Stumbaugh of the 55th, Turner of the 8th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to require the operator of any vehicle with glass installed in the windshield or front windows, which glass is transparent from only one side, to stop immediately and roll down the front windows of such vehicle when apprehended by a law enforcement officer.
Referred to Committee on Public Safety.

SB 3. By Senators Cobb of the 28th, Hill of the 29th and Bowen of the 13th:
A bill to amend Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public administration. Referred to Committee on Public Safety.

SB 4. By Senators Thompson of the 32nd, Coverdell of the 40th and Bond of the 39th:
A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to certain prohibited acts in the sale and distribution of alcoholic beverages, as amended, so as to change certain age re-

40

JOURNAL OF THE SENATE

quirements relative to the unlawful purchase, sale, distribution, and consumption of alcoholic beverages.
Referred to Committee on Children and Youth.

SB 5. By Senators Thompson of the 32nd, English of the 21st, Lester of the 23rd and others:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide limitations on the authority of the State Board of Pardons and Paroles to grant pardons or paroles to persons incarcerated for a second or subsequent time for offenses for which life imprisonment could have been imposed.
Referred to Committee on Judiciary.

SB 6. By Senators Thompson of the 32nd and Lester of the 23rd:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to provide for forfeiture of moneys, negotiable instruments, securities, and other things of value used to facilitate violations of the "Georgia Controlled Substances Act".
Referred to Committee on Judiciary.

SB 7. By Senators Thompson of the 32nd and Lester of the 23rd:
A bill to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to general requirements regarding motor vehicle accident insurance policies, so as to prohibit certain actions regarding such policies based upon the insured's mere involvement in a motor vehicle accident.
Referred to Committee on Insurance.

SB 8. By Senators Cobb of the 28th, Stumbaugh of the 55th, Turner of the 8th and others:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of licenses, so as to eliminate the authority of the Department of Public Safety to issue duplicate licenses and permits.
Referred to Committee on Public Safety.

SB 9. By Senators Cobb of the 28th, Hill of the 29th and Bowen of the 13th:
A bill to amend Code Section 40-6-98 of the Official Code of Georgia Annotated, relating to pedestrians soliciting rides or business, so as to change the provisions relating to where a person may stand for the purpose of soliciting a ride.
Referred to Committee on Public Safety.

TUESDAY, JANUARY 11, 1983

41

SB 10. By Senators Cobb of the 28th, Stumbaugh of the 55th, Turner of the 8th and others:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures concerning controlled substances and marijuana, so as to provide for burden of proof and presumptions of forfeitability of certain property.
Referred to Committee on Judiciary.

SB 11. By Senators Greene of the 26th, Barnes of the 33rd, Peevy of the 48th and others:
A bill to amend Article 1 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of writings as evidence, so as to expand the type of medical bills which may be identified in evidence by a patient, a member of the patient's family, or other responsible person.
Referred to Committee on Judiciary and Constitutional Law.

SB 12. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-8 of the Official Code of Georgia Annotated, relating to procedures for adverse actions against permanent status employees generally, so as to provide that, in cases where the appointing authority has taken action against an employee in accordance with the rules and regulations of the State Personnel Board, the board shall not be authorized to reduce the punishment of the employee unless there are mitigating circumstances in the case.
Referred to Committee on Governmental Operations.

SB 13. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to make it unlawful knowingly and intentionally to destroy or cause physical injury to a police dog.
Referred to Committee on Public Safety.

SB 14. By Senator Kidd of the 25th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to define the term "police dog".
Referred to Committee on Public Safety.

SB 15. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions concerning telephone and telegraph service, so as to prohibit tolls for calls between phones within the

42

JOURNAL OF THE SENATE

same county upon the voters of the county approving such prohibition in a referendum election called for such purpose.
Referred to Committee on Public Utilities.

SB 16. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that in any primary or general election candidates who are unopposed shall have their names arranged under the title of the office each seeks immediately preceding the names of opposed candidates.
Referred to Committee on Governmental Operations.

SB 17. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to provide that multijurisdictional or regional "911" systems shall be toll free.
Referred to Committee on Public Utilities.

SB 18. By Senator Allgood of the 22nd:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to jurisdiction, power, and duties of the Public Service Commission, so as to provide definitions.
Referred to Committee on Public Utilities.

SB 19. By Senator Kidd of the 25th:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to remove the provisions relating to estimated tax liability.
Referred to Committee on Banking and Finance.

SB 20. By Senators Hill of the 29th and Cobb of the 28th:
A bill to amend Code Section 16-5-1 of the Official Code of Georgia Annotated, relating to the crime of murder and punishment therefor, so as to add life imprisonment without parole as an alternate punishment.
Referred to Committee on Judiciary.

SB 21. By Senators Cobb of the 28th and Hill of the 29th:
A bill to amend Code Section 15-6-86, relating to thi e location of the office and storage of records of the clerk of the superior court.
Referred to Committee on Judiciary and Constitutional Law.

TUESDAY, JANUARY 11, 1983

43

SB 22. By Senators Hill of the 29th, Land of the 16th, Cobb of the 28th and others:
A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to equalize the number of peremptory challenges to jurors and alternate jurors which the state and the defendant have in certain criminal trials.
Referred to Committee on Judiciary and Constitutional Law.

SB 23. By Senator Scott of the 43rd:
A bill to amend Code Section 35-1-4 of the Official Code of Georgia Annotated, relating to stolen motor vehicles and the filing of reports in connection therewith, so as to provide that the owner of a motor vehicle which has been stolen and subsequently recovered shall not be charged storage fees on the recovered motor vehicle.
Referred to Committee on Judiciary and Constitutional Law.

SB 24. By Senator Scott of the 43rd:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle parts dealers, dismantlers, and rebuilders and salvage dealers, so as to require such dealers, dismantlers, and rebuilders to make available for public inspection certain records.
Referred to Committee on Judiciary and Constitutional Law.

SB 25. By Senator Scott of the 43rd:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to prohibit the sale of small appliance batteries which have not been dated by the manufacturer; to provide for a definition.
Referred to Committee on Consumer Affairs.

SB 26. By Senator Lester of the 23rd:
A bill to amend Code Section 9-11-6 of the Official Code of Georgia Annotated, relating to time, so as to provide that intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation when the period of time prescribed or allowed is seven days or less.
Referred to Committee on Judiciary.

SB 27. By Senator Lester of the 23rd:
A bill to amend Code Section 37-3-81 of the Official Code of Georgia Annotated, relating to the detention of an involuntary patient in an evaluating facility upon the recommendation of the chief medical officer and examining physicians, so as to authorize the court to order the hospitalization of any patient for any period not to exceed 12 months under certain conditions; to provide an effective date.
Referred to Committee on Judiciary.

44

JOURNAL OF THE SENATE

SB 28. By Senator tester of the 23rd:
A bill to amend Code Section 37-3-102 of the Official Code of Georgia Annotated, relating to the transfer of patients to the custody of federal agencies for diagnosis, care, or treatment, so as to direct the department to transfer patients eligible for hospital care or treatment by the United States Veterans' Administration or any other federal agency directly to the custody of the nearest such agency for diagnosis, care, or treatment.
Referred to Committee on Human Resources.

SB 29. By Senator tester of the 23rd:
A bill to amend Code Section 29-5-6 of the Official Code of Georgia Annotated, relating to the procedure for the appointment of guardians, so as to change the procedure for the appointment of guardians.
Referred to Committee on Judiciary.

SB 30. By Senator Dean of the 31st:
A bill to amend Code Section 28-4-1 of the Official Code of Georgia Annotated, relating to the tegislative Services Committee, so as to change a committee name; to provide an effective date.
Referred to Committee on Rules.

SR 4. By Senators Cobb of the 28th, Hill of the 29th and Bowen of the 13th:
A resolution proposing an amendment to the Constitution so as to authorize the imposition of local sales and use taxes to finance public facilities and to authorize the incurring without a referendum of public debt payable solely from proceeds of such taxes; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Banking and Finance.

SR 5. By Senators Cobb of the 28th, Hill of the 29th and Bowen of the 13th: A resolution creating the Joint No-Fault Insurance Study Committee.
Referred to Committee on Insurance.

SR 6. By Senators Greene of the 26th, Harris of the 27th and Barker of the 18th:
A resolution granting a temporary easement for construction purposes only and a perpetual easement for maintenance and operation of a sanitary sewer line across, over, and under property in Bibb County owned by the State of Georgia.
Referred to Committee on Public Utilities.

TUESDAY, JANUARY 11, 1983

45

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

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th BBrroywannt of 47th
CBoubrtbon Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison MHiilnl e
HHoolrltoown ay Howard Hudgins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nj Scott f 36th 0Scot..t ofr 4.,3, rd.
^Sttua m" baugh, Thompson Timmons Trulock Turner Tysinger Walker

Those not answering were Senators:

Coggin

Summers (deceased)

Tate

Senator Deal of the 49th introduced the chaplain of the day, Reverend Charles E. Dial, pastor of the First Congregational Holiness Church, Gainesville, Georgia, who offered scripture reading and prayer.

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

HR 5. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others: A resolution calling a Joint Session of the House of Representatives and Senate at 11:00 o'clock A.M. on Tuesday, January 11, 1983, for the purpose of inaugurating Honorable Joe Frank Harris as Governor and Honorable Zell Miller as Lieutenant Governor.
On the adoption of the resolution, the yeas were 35, nays 0.
The resolution, having received the requisite majority, was adopted.
The President appointed as a Committee of Escort on the part of the Senate the following:
Senators Kennedy of the 4th, Allgood of the 22nd, Coverdell of the 40th, Trulock of the 10th, Barnes of the 33rd, Dean of the 31st and Foster of the 50th.

46

JOURNAL OF THE SENATE

HR 6. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others:
A resolution calling a Joint Session of the House of Representatives and Senate at 11:45 o'clock A.M. on Thursday, January 13, 1983, in the Hall of the House of Representatives for the purpose of hearing an address at 12:00 o'clock Noon from His Excellency, Governor Joe Frank Harris.

On the adoption of the resolution, the yeas were 41, nays 0.

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

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

Senators Gillis of the 20th, Starr of the 44th, Hill of the 29th, Engram of the 34th, Stumbaugh of the 55th, Bond of the 39th and Bryant of the 3rd.

HR 7. By Representatives Walker of the 115th and Murphy of the 18th:
A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a Joint Session of the House of Representatives and Senate at 11:45 o'clock A.M. on January 13, 1983, in the Hall of the House of Representatives to hear an address from His Excellency, Governor Joe Frank Harris.
On the adoption of the resolution, the yeas were 41, nays 0.

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

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

SR 3. By Senators Allgood of the 22nd, Kennedy of the 4th and Dean of the 31st: A resolution relative to officials, employees and committees of the Senate.

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th Bryant Burton Cobb

Coleman Coverdell Dawkins Deal Dean English

TUESDAY, JANUARY 11, 1983

47

Engram Foster
Garner Gillis
Greene Harris
Hill Hine
Horton Howard
Hudgins

Kennedy Kidd
Land Lester
Littlefield McGill
McKenzie Peevy
Perry Phillips
Scott of 36th

Scott of 43rd Starr
Stumbaugh Tate
Thompson Timmons
Trulock Turner
Tysinger Walker

Those not voting were Senators:

Coggin Fincher

Harrison Holloway

Scott of 2nd Summers (deceased)

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

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

Senator Starr of the 44th introduced the doctor of the day, Dr. Neil Gladstone, of Jonesboro, Georgia.

Senator Allgood of the 22nd moved that the Senate recess at 10:40 o'clock A.M. until 11:00 o'clock A.M., the hour for the Joint Session of the Senate and House called for the purpose of inaugurating Honorable Joe Frank Harris as Governor and Honora-
ble Zell Miller as Lieutenant Governor, and that the Senate stand adjourned immediately upon dissolution of the Joint Session until 10:00 o'clock A.M. tomorrow, and the
motion prevailed.

The hour for convening the Joint Session of the Senate and House under the provisions of HR 5 having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Washington Street entrance on the West side of the Capitol where the Joint Session, called for the purpose of inaugurating Honorable Joe Frank
Harris as Governor and Honorable Zell Miller as Lieutenant Governor, was called to
order by Honorable Thomas B. Murphy, Speaker of the House of Representatives.

48

JOURNAL OF THE SENATE

The inaugural program was as follows:

INAUGURAL PROGRAM

January 11, 1983 Washington Street Entrance The State Capitol

PRE-INAUGURAL MUSIC .................... Cartersville High School Band

11:30 A.M.

POSTINGS OF COLORS (stand)...................... Georgia National Guard

THE NATIONAL ANTHEM (stand)

................................ THE REVEREND ROBERT J. BEAVERS

JOINT SESSION .................................... called to order by THE

HONORABLE THOMAS B. MURPHY,

Speaker, House of Representatives

INVOCATION (stand) ............ THE REVEREND ERNEST D. CARLOCK

RECOGNITION OF STATE OFFICIALS AND

DISTINGUISHED GUESTS . THE HONORABLE THOMAS B. MURPHY,

Speaker, House of Representatives

PRESENTATION . .... of THE HONORABLE GEORGE D. BUSBEE, Governor

DELIVERY OF THE GREAT SEAL OF GEORGIA TO

GOVERNOR

THE HONORABLE MAX CLELAND, Secretary of State

12:00 NOON

ADMINISTRATION OF OATH OF OFFICE TO GOVERNOR

THE

HONORABLE GEORGE T. SMITH,

Associate Justice Supreme Court of Georgia

HONORS - 19 GUN SALUTE (stand) ........... Cartersville High School Band

DELIVERY OF GREAT SEAL OF GEORGIA TO SECRETARY OF

STATE

THE HONORABLE JOE FRANK HARRIS, Governor

INAUGURAL ADDRESS ........ THE HONORABLE JOE FRANK HARRIS,

Governor

ADMINISTRATION OF OATH OF OFFICE TO LIEUTENANT

GOVERNOR

THE HONORABLE EDWARD H. JOHNSON, Judge

State Court of Fulton County

REMARKS ......................... THE HONORABLE ZELL B. MILLER,

Lieutenant Governor

RETIRING OF COLORS (stand)...................... Georgia National Guard

BENEDICTION (stand) ................. THE REVEREND JIMMY ROGERS

DISSOLUTION OF JOINT SESSION . THE HONORABLE ZELL B. MILLER,

Lieutenant Governor

POST-INAUGURAL MUSIC ............ Cass Comprehensive High School Band

1:00 P.M. to 4:00 P.M.

TOURS............................. The State Capitol and Executive Mansion

9:00 P.M. to 12:00 P.M.

CELEBRATION GALA AND INAUGURAL BALL The Atlanta Civic Center,

Atlanta, Georgia

Honorary Escorts

Campaign County Coordinators

The Old Guard of The Gate City Guard and The Gate City Guard

After taking the oath of office from the Honorable George T. Smith, Associate Justice, Supreme Court of Georgia, His Excellency, Governor Joe Frank Harris addressed the Joint Session of the Senate and House of Representatives as follows:

TUESDAY, JANUARY 11, 1983

49

This day began as a venture of faith for me and my family many months ago. Being Governor of Georgia is a tremendous honor and an awesome responsibility that, with God's help, I accept.
Seventy-seven distinguished Georgians have preceded me in taking this solemn vow, and it is with humility and a strong faith in the future and in my God that I assume the challenge of this high office.
To my family and to the many other Georgians who worked so tirelessly to make this moment possible, I thank you from the bottom of my heart. I pledge to you that I will spend the next four years striving to be the kind of Governor that you will always be proud you worked and voted for. I will need your continued support and your prayers in the days, months and years to come.
As I stand here before you today, the 78th Governor of the Great State of Georgia, I am keenly aware that at this very moment and on this very spot, the Past meets the future.
In preparing for this moment, I read many of the Inaugural addresses given by Governors before me, and what is so immediately apparent is that every man who has served as Governor of this State shared a common hope and desire to make Georgia a better place to work, to live and to raise children. I am like all of my predecessors in that I, too, cherish that dream for Georgia, but like each of those individuals, I hope my personal experiences and abilities will make that dream come true.
I am a believer in the lessons of history, and I am a believer in building on a solid foundation. I am also a believer in the People of our State. We in Georgia have a history of sound State Government, especially in recent times, and I intend to build on this solid foundation which has been left as a legacy to us by previous Governors and previous Legislatures.
I am taking office during a time of economic uncertainty, and I am not so naive as to try to paint a picture of financial bliss in State Government. I am only too aware that the realities of the economy will limit the scale and scope of my Administration, but I am prepared by determination and personal experience to make the most of the limited resources at our command for the time being.
I am committed to stringent and responsible management of the State's fiscal resources, to getting the most service possible for every tax dollar and to the principle of better government, not more government.
While I fully intend to see that State Government is managed and operated within its means and with no tax increase for the next four years, let me hasten to point out that my commitment does not require State Government to operate without dreams, nor does it mean that those dreams cannot or will not be fulfilled, Georgia will not stand still.
Present accomplishments, present achievements were once only dreams to those who came before us. Without dreams, a boy child born 46 years ago in a cotton mill village in North Georgia would not be standing here before you today taking a solemn oath of office to serve as the Chief Executive Officer of this State for the next four years.
I am following in the footsteps of a long line of outstanding Governors who were both dreamers and doers, men who dreamed of new industries and jobs, men who

50

JOURNAL OF THE SENATE

dreamed of better roads and highways, men who dreamed of improving public education, men who dreamed of a better quality of life for all Georgians, and they worked to make it happen.
The men who preceded me left long lists of accomplishments and achievements, but as best I can tell from the history books, no single Governor was ever able to fulfill all of the dreams he held for this State.
In four years, some may review the record of the Harris Administration and say we did not achieve enough, but no one will ever be able to say that we did not have dreams and that we did not exert every possible effort toward achieving those dreams. I know the results of hard work, the results of prayer, and the results of being committed to the completion of a task.
During the next four years, I will be striving to instill one principal ingredient in every aspect of State Government, and that ingredient is excellence. I am committed to achieving excellence in education, to the expansion of the State's economy to provide jobs for Georgians. 1 am committed to the enhancement and enrichment of our human service delivery systems, to the improvement of our system of transportation, and to the strengthening of our criminal justice system.
To best articulate the way I am feeling about these next four years, I can only refer to the first time 1 held my newborn son. All of my hopes and dreams for him and his future came together at that one emotion-filled moment. Every parent has experienced exactly that same feeling.
My greatest goal as Governor of this State is to be the kind of leader who can help make Georgia become the place where children have the opportunity to fulfill their parents' dreams for them, a State where children have every opportunity to reach their full potential.
There will not be a single moment in the next four years when anyone in the Harris Administration will have the luxury to stop and reflect on our accomplishments because our job will not be completed until the next Governor takes the oath I have just taken today.
I am a dreamer, but I am also a builder. I want the history books to reflect that the State of Georgia was a better place to live because of the dreams and the efforts of the Harris Administration. I want my Administration to be characterized by openness, honesty, fairness and, above all, a burning commitment to excellence as we serve the citizens of this State.
1 ask the members of the General Assembly and all of those who serve in State Government to join with me as we shape an Administration to achieve this singular goal. I pledge to each and every member of the House and Senate and the people of Georgia my total cooperation and my total efforts so that as partners we work to build a State where all citizens can indeed be afforded the opportunity to fulfill their dreams.
To fulfill my commitment and to achieve my goal, I ask all Georgians to extend their hands to me and give me counsel and support. I ask God for strength, for His guidance, for Divine inspiration and for His blessings on the People of Georgia. For with God's help, all things are possible.

After being sworn in as Lieutenant Governor by the Honorable Edward H. John-

TUESDAY, JANUARY 11, 1983

51

son, Judge, State Court of Fulton County, Lieutenant Governor Zell Miller addressed the Joint Session of the Senate and House of Representatives as follows:

My fellow Georgians:
It is with gratitude and humility that I continue to serve you as your Lieutenant Governor.
To be weighed in the balance of the electoral process again and be approved fills me with a new sense of responsibility to prove myself worthy of your confidence and equal to your expectations.
Toward those ends, I promise to work in your behalf to the full extent of my energy and capacity for the next four years.
Time, longevity, persistence and a kind fate have combined to cast me in a role that I had not exactly planned, but one which I cheerfully accept in all its implications, because, like Laban of the Old Testament, "I have learned by experience" and, like Henry Adams, I view experience as "an arch to build upon."
It was eight years ago that I stood beside George Busbee and pledged to work with him as a team.
I am proud that that pledge was faithfully kept, and that I had a supporting role in the conduct of an administration which achieved a spectacular succession of attainable goals while never once losing sight of the ultimate vision of Georgia's great future.
George Busbee succeeded because he worked at making government work for the benefit of all citizens. He understood the legislative process and worked in harmony with the General Assembly with good results.
Happily for Georgia of the present and future, we have today inaugurated another Governor of similar background, temperament and philosophy.
And it is my great privilege here and now to reiterate to Joe Frank Harris the same pledge of teamwork I made to the man he succeeds.
Governor Harris, I assure you of my total effort and cooperation in helping you make this administration equal in service and success to the one it follows.

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

The President of the Senate, Lieutenant Governor Zell Miller, announced the Joint Session dissolved.

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

52

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Wednesday, January 12, 1983 Third Legislative Day

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

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

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

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

SB 31. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, so as to change the court costs for certain services; to provide an effective date.
Referred to Committee on Governmental Operations.

SB 32. By Senator Kidd of the 25th:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to minimum salaries for judges of the probate courts.
Referred to Committee on Governmental Operations.

SB 33. By Senator Kidd of the 25th:
A bill to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to salary and allowances of members and officers of the General Assembly, so as to change the provisions relating to reports of the Audit Subcommittee of the Senate Rules Committee concerning legislative expenditures by members of the Senate.
Referred to Committee on Rules.

SB 34. By Senator Kidd of the 25th:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to prohibit any hospital owned or operated by the state, any political subdivision thereof, any county, or any municipality from paying for the services or treatment administered to a patient by a radiolo-

WEDNESDAY, JANUARY 12, 1983

53

gist or pathologist until the hospital has first been reimbursed for such treatment or service.
Referred to Committee on Human Resources.

SB 35. By Senator Kidd of the 25th:
A bill to amend Code Section 48-5-148 of the Official Code of Georgia Annotated, relating to interest on unpaid taxes, record of interest, and taxes collected, so as to provide that, in each county having a population of not less than 34,500 and not more than 35,000 according to the United States decennial census of 1980 or any future such census, all ad valorem taxes due the county and state remaining unpaid on November 20 of each year shall bear interest at the rate specified in Code Section 48-2-40 from November 20.
Referred to Committee on Federal, State and Community Affairs.

SB 36. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize officers and employees of the state to engage in political activities under certain conditions.
Referred to Committee on Governmental Operations.

SB 37. By Senator Kidd of the 25th:
A bill to amend Code Section 47-3-89 of the Official Code of Georgia Annotated, relating to credit for service under the Teachers Retirement System of Georgia for service rendered in schools of other states and certain other schools, so as to provide that credit may be received under the Teachers Retirement System of Georgia for service rendered in school systems of foreign countries located in the Western Hemisphere; to provide an effective date.
Referred to Committee on Retirement.

SB 38. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, so as to provide that the amount subject to garnishment shall not exceed the amount owed which shall be shown on the summons; to provide an effective date.
Referred to Committee on Judiciary and Constitutional Law.

SB 39. By Senators Hudgins of the 15th and Littlefield of the 6th:
A bill to amend Code Section 16-6-3 of the Official Code of Georgia Annotated, relating to statutory rape, so as to change the age in the definition of the crime of statutory rape; to provide an effective date.
Referred to Committee on Judiciary.

54

JOURNAL OF THE SENATE

SB 40. By Senators Hudgins of the 15th and Littlefield of the 6th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to define the crime of sexual assault; to define other terms; to provide penalties.
Referred to Committee on Judiciary.

SB 41. By Senators Kennedy of the 4th and Garner of the 30th:
A bill to amend Chapter 10 of Title 42 of the Official Code of Georgia Annotated, relating to correctional industries, so as to prohibit the administration from compensating inmates employed in correctional industries.
Referred to Committee on Offender Rehabilitation.

SB 42. By Senator Timmons of the llth:
A bill to amend Code Section 47-2-310 of the Official Code of Georgia Annotated, relating to the coverage of Georgia Federal-State Shipping Point Inspection Service employees under the Employees' Retirement System of Georgia, so as to change the provisions relating to credit for previous service.
Referred to Committee on Retirement.

SB 43. By Senator Timmons of the llth:
A bill to amend Code Section 45-15-70 of the Official Code of Georgia Annotated, relating to providing counsel for certain public officials and agencies, so as to include sheriffs among those for whom counsel may be provided under certain circumstances; to provide an effective date.
Referred to Committee on Judiciary.

SB 44. By Senators Turner of the 8th, Trulock of the 10th, Bowen of the 13th and others:
A bill to amend Part 1 of Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demurrers, motions, and special pleas in criminal cases, so as to authorize trial courts to set time limitations within which motions and other pretrial matters shall be filed.
Referred to Committee on Judiciary and Constitutional Law.

SB 45. By Senators Turner of the 8th, Deal of the 49th, Perry of the 7th and others:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to criminal issuance of bad checks, so as to change the penalty for certain crimes involving bad checks.
Referred to Committee on Judiciary and Constitutional Law.

WEDNESDAY, JANUARY 12, 1983

55

SB 46. By Senators Howard of the 42nd and Trulock of the 10th:
A bill to amend Code Section 16-12-100 of the Official Code of Georgia Annotated, relating to sexual exploitation of children, so as to change a definition; to provide an effective date.
Referred to Committee on Children and Youth.

SB 47. By Senators Howard of the 42nd and Trulock of the 10th:
A bill to amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses related to minors, so as to prohibit certain conduct relating to the distribution of certain material depicting a child engaged in sexually explicit conduct without regard to whether or not that material is obscene.
Referred to Committee on Children and Youth.

SB 48. By Senator Hudgins of the 15th:
A bill to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to gasoline marketing practices, so as to prohibit a refiner, producer, or manufacturer of automotive gasoline from opening and from directly or indirectly operating a retail service station for the retail sale of gasoline.
Referred to Committee on Industry and Labor.

SB 49. By Senator Brannon of the 51st:
A bill to amend Code Section 45-16-4 of the Official Code of Georgia Annotated, relating to bonds for coroners, so as to change the bond and surety requirement for coroners.
Referred to Committee on Governmental Operations.

SB 50. By Senator Brannon of the 51st:
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.
Referred to Committee on Governmental Operations.

SB 51. By Senator Scott of the 43rd:
A bill to amend Code Section 35-2-32 of the Official Code of Georgia Annotated, relating to the jurisdiction and duties of the Georgia State Patrol, so as to provide that the primary responsibility for performing certain duties upon the interstate highways shall be that of the Uniform Division but to allow other law enforcement agencies to perform such duties.
Referred to Committee on Public Safety.

56

JOURNAL OF THE SENATE

SB 52. By Senator Scott of the 43rd:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to define the crime of sexual assault; to define other terms; to provide penalties.
Referred to Committee on Judiciary.

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

Allgood Barker Barnes Bowen Brannon Brantley Brown of 47th
B*uyr*tonnt
CCoogbgbin
CCoovleemrdaenll Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris H* ""
H!m" e
HHoolrltoown ay
HHouwdgairnds Kennedy Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th
S~cott of 43rd
^StumbKaughu
T-hompson Timmons Trulock Turner Tysinger Walker

Those not answering were Senators:

Bond

Broun of 46th

Summers (deceased)

Senator Barker of the 18th introduced the chaplain of the day, Reverend Clyde E. Johns, pastor of the Houston Road Church of God, Warner Robins, Georgia, who offered scripture reading and prayer.

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

SB 13. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to make it unlawful knowingly and intentionally to destroy or cause physical injury to a police dog.
On the motion, the yeas were 29, nays 1; the motion prevailed, and SB 13 was

WEDNESDAY, JANUARY 12, 1983

57

withdrawn from the Senate Committee on Public Safety and committed to the Senate Committee on Governmental Operations.

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

SB 14. By Senator Kidd of the 25th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to define the term "police dog".
On the motion, the yeas were 36, nays 1; the motion prevailed, and SB 14 was withdrawn from the Senate Committee on Public Safety and committed to the Senate Committee on Governmental Operations.

Senator Kidd of the 25th introduced the doctor of the day, Dr. Garland Kinard, of Rossville, Georgia.

Senator Allgood of the 22nd moved that the Senate stand in recess from 10:35 o'clock A.M. until 3:00 o'clock P.M. today, and at 3:10 o'clock P.M. stand adjourned until 10:00 o'clock A.M. tomorrow.

The motion prevailed.

At 3:00 o'clock P.M., the President called the Senate to order.

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

Mr. President:

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

HB 1. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1982-83, known as the "General Appropriations Act," so as to change the revenue estimate and certain appropriations for the State Fiscal Year 198283.

58

JOURNAL OF THE SENATE

HB 3. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and Karrh of the 109th:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated.

HB 4. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions.

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

HB 1. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1982-83 known as the "General Appropriations Act," so as to change the revenue estimate and certain appropriations for the State Fiscal Year 198283.
Referred to Committee on Appropriations.

HB 3. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and Karrh of the 109th:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated.
Referred to Committee on Judiciary.

HB 4. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions.
Referred to Committee on Judiciary.

Pursuant to the provisions of a previously adopted motion, at 3:10 o'clock P.M. the Senate stood adjourned until 10:00 A.M. tomorrow.

THURSDAY, JANUARY 13, 1983

59

Senate Chamber, Atlanta, Georgia Thursday, January 13, 1983 Fourth Legislative Day

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

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

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

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

Mr. President:

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

HR 18. By Representatives Patten of the 149th, Beck of the 148th and Reaves of the 147th:
A resolution commending the Valdosta High School Football Team.

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

SB 53. By Senator Kidd of the 25th:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the safety, comfort, and convenience of travelers; to provide for a short title.
Referred to Committee on Transportation.

SB 54. By Senator Kidd of the 25th:
A bill to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to gasoline marketing practices, so as to prohibit the imposition of a surcharge on any service station operator who honors a credit card issued by a gasoline distributor, refiner, producer, or manufacturer.
Referred to Committee on Banking and Finance.

60

JOURNAL OF THE SENATE

SB 55. By Senator Kidd of the 25th:
A bill to amend Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale of petroleum products, brake fluid, and antifreeze, so as to provide that any full-service gasoline station offering self-service at a lesser cost shall require an attendant employed by the station to dispense gasoline from the self-service portion of the station to any motor vehicle properly displaying a handicapped parking permit.
Referred to Committee on Industry and Labor.

SB 56. By Senators Tysinger of the 41st, McKenzie of the 14th and Foster of the 50th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to require the board to provide injured workers with certain information concerning rights, benefits, and obligations of injured workers under the workers' compensation laws.
Referred to Committee on Industry and Labor.

SB 57. By Senators Tysinger of the 41st, McKenzie of the 14th and Foster of the 50th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change the provisions relating to compensation for vocational rehabilitation.
Referred to Committee on Industry and Labor.

SB 58. By Senators Tysinger of the 41st, McKenzie of the 14th and Foster of the 50th:
A bill to amend Code Section 34-9-12 of the Official Code of Georgia Annotated, relating to employer's record of injuries and availability of records of the State Board of Workers' Compensation, so as to provide that, under such reasonable rules and regulations as the board may adopt, the records of the board as to any person in any previous case in which such person was a claimant shall be made available to employers or their designated representatives.
Referred to Committee on Industry and Labor.

SB 59. By Senator Allgood of the 22nd:
A bill to amend Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to safety belts required for passenger automobiles, so as to provide that parents or legal guardians shall be responsible for placing their children under three years of age in certain child restraint devices when children are being transported in passenger automobiles within this state.
Referred to Committee on Transportation.

THURSDAY, JANUARY 13, 1983

61

SB 60. By Senators Howard of the 42nd and Greene of the 26th:
A bill to amend Code Section 15-6-65 of the Official Code of Georgia Annotated, relating to entry of civil cases and order for trial, so as to provide an exception regarding the order for trial of certain civil cases in the superior courts when one of the parties is 70 years of age or older and additional circumstances are found to exist.
Referred to Committee on Judiciary and Constitutional Law.

SB 61. By Senators Coverdell of the 40th and Thompson of the 32nd:
A bill to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to the prosecution of traffic offenses, so as to provide procedures and requirements relative to changing or modifying judgments rendered pursuant to a conviction, plea of guilty, or plea of nolo contendere.
Referred to Committee on Judiciary and Constitutional Law.

SB 62. By Senator Coverdell of the 40th:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, so as to provide that persons who become employed as teachers by any county school system on and after a certain date shall be members of the Teachers Retirement System and shall not be eligible for membership in any local retirement or pension system or fund.
Referred to Committee on Retirement.

SB 63. By Senators Coverdell of the 40th and Trulock of the 10th:
A bill to amend Code Section 28-1-9 of the Official Code of Georgia Annotated, relating to service in the General Assembly being credited under pension plans of political subdivisions when former members of the General Assembly become officials or employees of such political subdivisions, so as to provide that service in the General Assembly after a certain date may not be obtained as creditable service under any local retirement or pension system.
Referred to Committee on Retirement.

SB 64. By Senators Barnes of the 33rd, Foster of the 50th, Dean of the 31st and others:
A bill to amend Code Section 20-2-156 of the Official Code of Georgia Annotated, relating to special education programs generally, so as to provide legislative intent; to authorize the State Board of Education to administer a grant program to local schools.
Referred to Committee on Education.

62

JOURNAL OF THE SENATE

SB 65. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Code Section 32-2-40 of the Official Code of Georgia Annotated, relating to the commissioner of transportation, so as to modify the term of office of the commissioner of transportation.
Referred to Committee on Transportation.

SB 66. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Code Section 42-5-50 of the Official Code of Georgia Annotated, relating to the notifications and conditions of detention generally, so as to provide that persons convicted of crimes whose confinement shall be served in institutions under the control of the Department of Offender Rehabilitation shall not remain in confinement in local prison facilities while their conviction is on appeal.
Referred to Committee on Offender Rehabilitation.

SB 67. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to provide that no person shall be exempt from jury duty except as the judge may provide; to change the number of peremptory challenges to jurors and alternative jurors which the defendant and the state may exercise; to change the grounds for challenges for cause.
Referred to Committee on Judiciary and Constitutional Law.

SB 68. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the office of the Governor, so as to create the Electronic Data Processing Review Committee; to provide for the composition of the committee.
Referred to Committee on Governmental Operations.

SB 69. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Chapter 5 of Title 5 of the Official Code of Georgia Annotated, relating to new trials, so as to change the grounds for new trials in criminal cases.
Referred to Committee on Judiciary and Constitutional Law.

SB 70. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the payment and disposition of fines and forfeitures, so as to provide for additional penalty assessments for offenses against the criminal and traffic laws of this state and political subdivisions thereof.
Referred to Committee on Judiciary and Constitutional Law.

THURSDAY, JANUARY 13, 1983

63

SB 71. By Senator Kidd of the 25th:
A bill to amend Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to administration of estates generally, so as to change the provisions relating to the priority of claims against an estate; to provide an effective date.
Referred to Committee on Judiciary and Constitutional Law.

SB 72. By Senators Tate of the 38th, Horton of the 17th and Kidd of the 25th:
A bill to amend Code Section 47-2-292 of the Official Code of Georgia Annotated, relating to county tax commissioners, tax collectors, and tax receivers and the employees of such officials being members of the Employees' Retirement System of Georgia, so as to provide that such officials taking office after a certain date shall be members of the retirement system as a condition of holding office.
Referred to Committee on Retirement.

SR 11. By Senators Barnes of the 33rd, Dean of the 31st, Foster of the 50th and others:
A resolution creating the Governor's Education Review Commission so as to provide for its composition; to provide for the powers and duties of the commission; to provide for staff support for the commission; to provide for expenditure of funds and the payment of expenses; to provide for the expiration of the commission.
Referred to Committee on Education.

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

Mr. President:

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

SB 26. Do pass. SB 43. Do pass.

HB 3. Do pass. HB 4. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

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

64

JOURNAL OF THE SENATE

SB 3. Do pass. SB 8. Do pass. SB 9. Do pass by substitute.
Respectfully submitted, Senator Timmons of the 11 th District, Chairman

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

Allgood Barker Barnes Bond Bowen Brannon Brantley Brown of 47th
Bur ton
Coggin Coleman Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris
Harrison Hm
.H.o.l.loway Horton Howard Hudgins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Scott of 2nd
Scott of 36th Scott f 43rd
S.tumb, augh. Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not answering were Senators:

Broun of 46th Coverdell

Littlefield

Summers (deceased)

Senator Kidd of the 25th introduced the chaplain of the day, Reverend Charles Thomas, pastor of the First Methodist Church, Madison, Georgia, who offered scrip-
ture reading and prayer.

The President announced that Senator Broun of the 46th is entering the hospital today to have surgery.

THURSDAY, JANUARY 13, 1983

65

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

SR 7. By Senator Howard of the 42nd: A resolution expressing regret at the passing of Ms. Mamie K. Taylor.

SR 8. By Senator Howard of the 42nd:
A resolution commending Mr. C. Clayton Turner and wishing him well in his retirement.

SR 9. By Senators Howard of the 42nd and Kennedy of the 4th:
A resolution commending Doctors Joseph A. Wilber, Curtis G. Hames, Elbert P. Tuttle, Jr., and Neil B. Shulman for their work in hypertension control and commending the Department of Human Resources for its prevention programs relating thereto.

SR 10. By Senators Howard of the 42nd and Foster of the 50th:
A resolution congratulating the Georgia Department of Human Resources, the United States Centers for Disease Control, and the Georgia Department of Education for their work in the elimination of measles.

SR 12. By Senators Coggin of the 35th, Gillis of the 20th, Scott of the 43rd and others:
A resolution commending the coaches and members of the University of Georgia Football Team.

SR 13. By Senators Gillis of the 20th, Coggin of the 35th, English of the 21st and others:
A resolution commending Herschel Walker.

HR 18. By Representatives Patten of the 149th, Beck of the 148th and Reaves of the 147th:
A resolution commending the Valdosta High School Football Team.

Senator Engram of the 34th introduced the doctor of the day, Dr. Fleming Jolley, of Brunswick, Georgia.

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

66

JOURNAL OF THE SENATE

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

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

Lieutenant Governor Miller, Speaker Murphy, members of the General Assembly and members of the Consular Corps, it is both a privilege and an honor to be here today to address this joint session of the Legislature.
I am grateful to you for allowing me to combine the traditional State of the State message with the budget speech because this year, as much as any year in recent history, the state of the State is determined by the state of the budget.
Two days ago, I stood outside the Capitol and took the oath of office as Governor of Georgia. I told the people of Georgia at that time about the dreams that I have for our State . . . dreams of new jobs, dreams of quality public education, dreams of a strong criminal justice system, dreams of an efficient and well-ordered State government.
The state of the national economy and the shortfall in State revenue collections would appear on the surface to limit, at least in the short run, hopes for major progress in education, in crimefighting, in roads and highways, in economic development. However, in looking ahead, as we must do in preparing a State budget, there are real signs for optimism on the horizon. Economic indicators available to us give every reason to believe that in Fiscal Year 1984, a full economic recovery will be under way.
While I was forced to cut more than $66 million from the current Fiscal Year's budget, those cuts and that pared-down budget gave me virtually a clean slate from which to work when it came to the 1984 budget.
I am recommending to you today a budget for next year of $4,018,000,000 based on projected increased revenues of $386 million and an average monthly revenue increase of 10.6 percent.
When you contrast my 10.6 percent projected growth rate with the 13-15 percent growth rate in the two years immediately after the mid-1970's recession, I think you will agree that my revenue estimate will not require mid-year budget cuts next year.
My budget is lean and tight. Most of the FY 1983 austerity measures have been carried forward in continuation. In addition, I have recommended an increase of only 1.5 percent in continuation for personal services in all departments. This figure will force most agencies to carry forward vacancies and keep a tight rein on payroll expenditures.
While the amounts recommended for continuation are lean, I am still able to recommend significant improvements in a number of areas as evidence of my commitment to excellence in education, job development, criminal justice, transportation and human service delivery systems.

THURSDAY, JANUARY 13, 1983

67

In basic education programs, I am recommending an increase of $34,000,000 for public schools and $12.6 million for our colleges and universities. I am recommending a 5 percent cost of living increase in salaries for public school teachers, school bus drivers, and University System personnel. You will find that the budget includes an additional step for teachers with 16 years or more experience.
I have also recommended a 4 percent salary increase for State employees with a $400 minimum. The total pay raise package will require in excess of $113,000,000 and I consider it one of the top priority items in my budget.
I have recommended a $60.3 million bond issue to finance public school construction with more emphasis on renovations than on new construction. I have also recommended $2.7 million for equipment and positions to open the new Heart of Georgia Vocational Facility. This facility and the larger vocational facility in Gwinnett County which will be completed in the next budget cycle are both essential to my commitment to advancing high technology training and attracting high technology industries.
I am recommending that the $75,000,000 grants to education fund, which was originally created to provide tax relief, be continued and increased to a level of $78,000,000. This $78,000,000 reflects my commitment to providing tax relief where possible, even in the face of fiscal austerity. I intend to do all I possibly can during the next four years to provide relief to local governments.
More important than the increase in funding in the long run will be the establishment of the Educational Review Commission. The importance I place on this project cannot be overstated. One of my deepest beliefs is that money alone cannot solve all our problems. Through the Education Review Commission, I intend to look for ways we can provide our children a higher quality education by making constructive changes in our system of public education.
Health care continues to be one of the major funding problems in State Government, just as it is for every citizen in Georgia. I cannot avoid this problem in my very first budget. I have recommended an increase in the Medicaid program by $18,769,166. The total Medicaid program, including State and federal funds, will grow to a level of $710,260,519. A little over a decade ago, Medicaid was only a $28.7 million program, yet it may pass a billion dollars during the next four years. This is a startling illustration of health care costs spiraling out of control.
In an effort to avoid Federal sanctions in Medicaid, I am recommending several programs to detect fraud and abuse, require a better review of claims, and seek reimbursements for overpayments. I also intend to pay particular attention and give careful study to the various Medicaid reimbursement rate structures.
I am recommending an increase of $22,898,866 for the Department of Human Resources. In this recommendation is a 4 percent increase for a family of three in the AFDC program. This one item in the budget will benefit more than 92,000 families each month. I am also recommending $1,783,607 for our community mental health centers to replace the Federal funds which are no longer available.
I am recommending $17,000,000 in State contributions to the State health insurance program for State employees and teachers. Costs in this program have risen so fast that the only alternative to this $17,000,000 contribution is to force State employees and teachers to accept drastic reductions in their benefits. That is not an acceptable alternative.

68

JOURNAL OF THE SENATE

One of the major crises we have faced in recent years has been the overcrowding of our prisons and the backlog of State prisoners in local jails. Through a series of actions approved by the General Assembly, such as new prisons, emergency modular housing, expanded transitional and diversion centers, and expanded parole and probation efforts, we have seen a gradual stabilization of the problem, but my goal is to solve the problem, not simply stabilize it. I also intend to make every effort to remove the Federal courts from the administration of our prison system.
I am recommending $20,777,004 in new funds for the Department of Offender Rehabilitation. This will provide 527 new positions, make many necessary physical improvements, and facilitate the housing of 16,092 inmates by the end of Fiscal Year 1984. This number is an increase from the 14,366 prisoners held in State facilities at the end of last month.

The increased number of prisoners will go into two new prisons now opening in Richmond and Dodge Counties, as well as the 1,000 modular housing units the Legislative Fiscal Affairs subcommittee approved last summer.
I am also permanently expanding a program we established on a trial basis last year - the matching grant program for county work camp expansion - and I am creating an additional program to assist local governments with their jail problems.
I have recommended $840,000 for a 50-50 matching grant program to allow counties to expand their work camp capacity, and I have recommended $730,000 in grants and inmate work crew costs to assist local governments in jail renovations.
I am also recommending $2,529,249 to hire 148 new personnel for a vastly expanded role of parole supervision through the Board of Pardons and Paroles. This program is an essential element in my commitment to managing our prison population more effectively.
Also in the criminal justice area, I am recommending a major new drug enforcement initiative with a cost of almost $1.2 million. These funds will add 19 positions to the GBI, increasing the number of agents throughout the State. As part of this drug enforcement initiative, I am requiring all State agencies with airplanes to assist the GBI, especially in providing air support for the patrolling of our coastline.
I am also recommending over $350,000 for the purchase of new equipment such as firearms, bullet-proof vests, night vision equipment and other information-gathering devices.
The National Guard has recently signed an agreement with the GBI to provide assistance in a number of ways, and I will continue to monitor this agreement and the working relationship between these two State agencies. Aside from the increased funding, my drug enforcement initiative will require a coordinated effort by all state law enforcement agencies.
In addition to the $60.3 million in bonds for local school construction previously mentioned, I am recommending $13,461,000 in bonds to continue the development of the Public Safety Training Center in Forsyth and $10,000,000 in bonds to provide furniture, fixtures and equipment for the expanded portion of the Georgia World Congress Center which will open in September. I'm also recommending $1.5 million in bonds to build a critically needed regional youth development center in the Thomasville area.

THURSDAY, JANUARY 13, 1983

69

To fund Phase III of the five-year program to expand our ports facilities in Savannah and Brunswick, I am recommending $48,720,000 in bonds. Both the principal and the interest on these bonds will be repaid in full by the Georgia Ports Authority.
As I said earlier in my remarks, as a member of the House of Representatives, I have listened to many budget speeches and I know how boring the recitation of numbers can sometimes be. You have my budget before you, and I ask you that you study it in total before you begin forming your opinions and conclusions about it, in part.
Although I feel it is the very best budget I could recommend to you, based on the facts and information I had, I am aware that from the time a Governor begins and ends his budget writing process, the economy can change, certain needs can change, and other influencing factors can change.
For that reason, I am not locked in concrete on every single item in my budget recommendations. I fully recognize the budget will go through the Legislative process and that changes will be suggested by you and, in fact, changes will be made. My desire is to work with you on this budget so that the final document we all agree on serves the best interests of all Georgians.
Today's national economy and the restrictions it imposes on our State budget require a different approach to solving Georgia's problems. As Governor, I will not write budgets that simply attempt to solve problems by increased funding.
Rather, we are going to have to look at how our programs are operated and how our tax dollars are spent to make sure that we are getting the maximum benefit possible from each and every tax dollar.
The budget that I am presenting to you today will demand innovation, flexibility and good management by all agency and departments heads. My charge to them is that they now must look at their problems and responsibilities from an entirely new perspective.
Traditional requests for more people and more dollars will not be tolerated in my administration. We do not have that luxury in these times. I will demand creative, innovative thinkers; I will demand creative, innovative solutions to problems; and I will demand creative, innovative management of the responsibilities with which State government is entrusted.
I have said many times before that my goal is to provide better government, not more government, and, with your help, I intend to achieve that goal during my administration.
I am committed to excellence in education, excellence in our criminal justice system, excellence in the delivery of health care by the State, and to excellence in a coordinated program of economic development.
I am very aware that State government is being called on to provide more and better services for more people while the cost of providing these services is increasing dramatically. I remain committed to more effective and efficient use of our resources while maintaining my campaign pledge of no tax increases.
During my first year in office, I intend to thoroughly review the functions of agencies involved in education, those involved in public safety and criminal justice, those involved in health and human services, and those involved in economic development.

70

JOURNAL OF THE SENATE

Where there is duplication, where there is overlapping of funding or functions, I pledge to correct it. Where out efforts are weak, I pledge to strengthen them.
On this day, I can say to you unequivocably that because of the actions of the previous Governor and the Legislators who worked with him, the state of the State is good and the outlook for improvement is excellent.
This time next year, the state of the State will, in large part, be the result of our actions, yours and mine. My goal is to be able to stand before you next year and say that the state of the State is better than it has ever been in our lifetimes.
I ask for your support, your prayers, your criticism and your cooperation as we undertake this important task before us. I pledge to you the same. Thank you for inviting me here today.

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

The President of the Senate announced the Joint Session dissolved.

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

FRIDAY, JANUARY 14, 1983

71

Senate Chamber, Atlanta, Georgia Friday, January 14, 1983 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 Kidd of the 25th reported that the Journal of yesterday's proceedings had been read and found correct.

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

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

Mr. President:

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

HB 15. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Code Section 7-1-4 of the Official Code of Georgia, relating to definitions relative to the Department of Banking and Finance and financial institutions generally, so as to change the provisions relative to the definition of the term "bank."

HB 16. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to change the provisions relating to the election of the Secretary of the Senate and the Clerk of the House of Representatives.

HB 17. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change the provisions relating to vacancies on the State Board of Education.

72

JOURNAL OF THE SENATE

HB 19. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to provide for a program for elderly citizens of this state to attend units of the university system without payment of fees with certain exceptions.

HB 20. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Industry and Trade, so as to authorize the Department of Industry and Trade to expend available funds for the business meals and incidental expenses of certain persons.

HB 21. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide that no office to which a person has been elected shall be abolished nor the term of office shortened or lengthened by local or special Act during the term for which such person was elected unless the same shall be approved by the people of the jurisdiction affected in a referendum on the question.

HB 22. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to change the provisions, relating to the creation of the State Board of Pardons and Paroles.

HB 23. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Code Section 17-7-110 of the Official Code of Georgia Annotated, relating to furnishing a copy of the indictment or accusation and list of witnesses to the accused, so as to provide that a copy of the indictment or accusation shall be furnished to the accused without demand.

HB 7. By Representative Bolster of the 30th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to procedures for procuring bail in certain criminal cases, so as to delete aggravated assault as an offense bailable only before a judge of superior court.

FRIDAY, JANUARY 14, 1983

73

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

SB 73. By Senator Kidd of the 25th:
A bill to amend Article 5 of Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits, disability benefits, spouses benefits, etc., so as to change the provisions relating to retirement benefits for clerks of the superior court and their spouses who are receiving benefits under this article or who may become eligible for benefits in the future.
Referred to Committee on Retirement.

SB 74. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service, so as to provide that, when any subdivision which contains 15 or more lots for homes is opened in an unincorporated area of a county, the Georgia Public Service Commission shall only authorize the telephone company which services the largest area of the county to provide telephone service to the territory comprising the new subdivision.
Referred to Committee on Public Utilities.

SB 75. By Senator Brannon of the 51st:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of vehicles, so as to require persons, firms, or corporations which sell certain types of flashing or revolving blue, red, or amber lights to provide certain information to law enforcement agencies.
Referred to Committee on Judiciary and Constitutional Law.

SB 76. By Senator Brannon of the 51st:
A bill to amend Code Section 19-9-1 of the Official Code of Georgia Annotated, relating to custody of children and the right of children to select custodial parent, so as to change the age at which a child shall have the right to select the parent with whom he desires to live.
Referred to Committee on Judiciary and Constitutional Law.

SB 77. By Senators Harrison of the 37th and Brantley of the 56th:
A bill to amend Article 4 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to limitation on annexation of areas furnished services or included in comprehensive zoning plan by certain counties, so as to provide that, in all counties of this state having a population of not less than 225,000 and not more than 450,000 according to the United States decennial census of 1980 or any future such census, the annexation by any municipality which has an independent school system of any unincorporated area in which the county furnishes or is to furnish water, sewerage, police

74

JOURNAL OF THE SENATE

and fire protection shall be prohibited unless the governing authority of the county approves such annexation of property.
Referred to Committee on Federal, State and Community Affairs.

SB 78. By Senators Trulock of the 10th, Perry of the 7th and Turner of the 8th:
A bill to amend Article 1 of Chapter 10 of Title 17, relating to procedure for sentencing and punishment, so as to change the procedure for review of sentences by a panel of superior court judges; to provide that certain sentences shall not be reviewable; to provide for all related matters; to provide an effective date.
Referred to Committee on Judiciary and Constitutional Law.

SB 79. By Senators Trulock of the 10th, Howard of the 42nd, Stumbaugh of the 55th and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to public disclosure by candidates of campaign contributions and expenditures, so as to provide for the lawful uses of campaign contributions and expenditures.
Referred to Committee on Governmental Operations.

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

HB 15. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Code Section 7-1-4 of the Official Code of Georgia, relating to definitions relative to the Department of Banking and Finance and financial institutions generally, so as to change the provisions relative to the definition of the term "bank".
Referred to Committee on Judiciary.

HB 16. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to change the provisions relating to the election of the Secretary of the Senate and Clerk of the House of Representatives.
Referred to Committee on Judiciary.

FRIDAY, JANUARY 14, 1983

75

HB 17. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change the provisions relating to vacancies on the State Board of Education.
Referred to Committee on Judiciary.

HB 19. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to provide for a program for elderly citizens of this state to attend units of the university system without payment of fees with certain exceptions.
Referred to Committee on Judiciary.

HB 20. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Industry and Trade, so as to authorize the Department of Industry and Trade to expend available funds for the business meals and incidental expenses of certain persons.
Referred to Committee on Judiciary.

HB 21. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide that no office to which a person has been elected shall be abolished nor the term of the office shortened or lengthened by local or special Act during the term for which such person was elected unless the same shall be approved by the people of the jurisdiction affected in a referendum on the question.
Referred to Committee on Judiciary.

HB 22. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to change the provisions relating to the creation of the State Board of Pardons and Paroles.
Referred to Committee on Judiciary.

HB 23. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Code Section 17-7-110 of the Official Code of Georgia Annotated, relating to furnishing a copy of the indictment or accusation and

76

JOURNAL OF THE SENATE

list of witnesses to the accused, so as to provide that a copy of the indictment or accusation shall be furnished to the accused without demand.
Referred to Committee on Judiciary.

HB 7. By Representative Bolster of the 30th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to procedures for procuring bail in certain criminal cases, so as to delete aggravated assault as an offense bailable only before a judge of superior court.
Referred to Committee on Judiciary.

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

Mr. President:

The Committee on Appropriations has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1. Do pass by substitute.
Respectfully submitted,
Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 35. Do pass.
Respectfully submitted,
Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

FRIDAY, JANUARY 14, 1983

77

SB 11. Do pass by substitute. Respectfully submitted, Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 6. Do pass.
Respectfully submitted,
Senator Brown of the 47th District, Chairman

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

SB 3. By Senators Cobb of the 28th, Hill of the 29th and Bowen of the 13th:
A bill to amend Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public administration.

SB 8. By Senators Cobb of the 28th, Stumbaugh of the 55th, Turner of the 8th and others:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of licenses, so as to eliminate the authority of the Department of Public Safety to issue duplicate licenses and permits.

SB 9. By Senators Cobb of the 28th, Hill of the 29th and Bowen of the 13th:
A bill to amend Code Section 40-6-98 of the Official Code of Georgia Annotated, relating to pedestrians soliciting rides or business, so as to change the provisions relating to where a person may stand for the purpose of soliciting a ride.

SB 26. By Senator Lester of the 23rd:
A bill to amend Code Section 9-11-6 of the Official Code of Georgia Annotated, relating to time, so as to provide that intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation when the period of time prescribed or allowed is seven days or less.

78

JOURNAL OF THE SENATE

SB 43. By Senator Timmons of the llth:
A bill to amend Code Section 45-15-70 of the Official Code of Georgia Annotated, relating to providing counsel for certain public officials and agencies, so as to include sheriffs among those for whom counsel may be provided under certain circumstances; to provide an effective date.

HB 3. By Representatives Snow of the 1st, Murphy of the Utth, Walker of the 115th and Karrh of the 109th:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated.

HB 4. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions.

Senator Kidd of the 25th asked unanimous consent to dispense with the morning roll call, and the consent was granted.

Senator Turner of the 8th introduced the chaplain of the day, The Reverend Henry Louttit, pastor of Christ Episcopal Church, Valdosta, Georgia, who offered
scripture reading and prayer.

Senator Deal of the 49th introduced the doctor of the day, Dr. Thomas Brown, of Gainesville, Georgia.

The following resolutions of the Senate were read and adopted:

SR 14. By Senator Timmons of the llth:
A resolution commending Mr. L. Mitchell Conner and wishing him well in his retirement.

SR 15. By Senator Dean of the 31st:
A resolution proclaiming January 15, 1983 as "Ralph Cagle Day" in the City of Rockmart.

FRIDAY, JANUARY 14, 1983

79

SR 17. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd: A resolution expressing sorrow at the passing of Francis Patrick Rossiter.

Senator Horton of the 17th moved that the Senate do now adjourn until 10:00 o'clock A.M. on Monday, January 17, and the motion prevailed.

At 10:30 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. on Monday, January 17.

80

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, January 17, 1983 Eighth Legislative Day

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

Senator Barker of the 18th reported that the Journal of the proceedings of Friday, January 14, had been read and found correct.

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

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

Mr. President:

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

HB 24. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to change the provisions relating to the oath of office of the Governor.

HB 25. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend the Official Code of Georgia Annotated so as to change the term "director of veterans service" to "commissioner of veterans service".

HB 26. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry and Trade, so as to provide for the creation and composition of the Board of Industry and Trade.

HB 27. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others: A bill to amend Article 2 of Chapter 4 of Title 14 of the Official Code of Georgia Annotated, relating to the incorporation of Secretary of State cor-

MONDAY, JANUARY 17, 1983

81

porations, so as to change the provisions relating to the number of directors of Secretary of State corporations.

HB 28. By Representatives Snow of the 1st, Karrh of the 109th, Bray of the 91st and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to add additional exceptions to the right to register and vote as required by Article II, Section I, Paragraph HI of the Constitution of the State of Georgia.

HB 29. By Representatives Snow of the 1st, Bray of the 91st, Karrh of the 109th and others:
A bill to amend Article 12 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to election returns, so as to provide for the preparation and filing of four copies of the consolidated returns of primaries and elections by the superintendent.

HB 76. By Representative Ramsey of the 3rd:
A bill to provide for a new board of education of Murray County; to provide for the election of the members of said board of education of Murray County.

HB 84. By Representatives Hasty and Anderson of the 8th: A bill to create and establish a Small Claims Court of Pickens County.

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

HR 32. By Representatives Murphy of the 18th, McDonald of the 12th, Collins of the 144th and Snow of the 1st: A resolution relative to adjournment.

HR 57. By Representative Cox of the 141st: A resolution commending the Bainbridge High School Football Team.

SR 12. By Senators Coggin of the 35th, Gillis of the 20th, Scott of the 43rd and others: A resolution commending the coaches and members of the University of Georgia Football Team.

82

JOURNAL OF THE SENATE

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

SB 80. By Senators Scott of the 2nd, Coleman of the 1st and Bryant of the 3rd: A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the Superior Court Judges Retirement System, so as to change a provision relative to the definition of creditable service.
Referred to Committee on Retirement.

SB 81. By Senator Coverdell of the 40th:
A bill to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain classifications of members of the Employees' Retirement System of Georgia, so as to provide that persons who become employees of the state as a result of a county probation system becoming a part of the state-wide probation system shall have the right to remain members of local retirement systems.
Referred to Committee on Retirement.

SB 82. By Senator Coverdell of the 40th:
A bill to amend Code Section 42-8-43.1 of the Official Code of Georgia Annotated, relating to participation of the Department of Offender Rehabilitation in the cost of certain county probation systems and the transfer of such county probation systems to the state-wide probation system, so as to provide that when an employee of a county probation system becomes an employee of the Department of Offender Rehabilitation at the same or a greater salary, the change in employment shall not constitute involuntary separation or termination from employment.
Referred to Committee on Offender Rehabilitation.

SB 83. By Senator Brown of the 47th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to change the provisions, relating to the authority of the commission to prescribe reasonable rates, fares, and charges for motor common carriers.
Referred to Committee on Public Utilities.

SB 84. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to administration of courts of record, so as to provide that any pleadings or other documents filed in any court of record may be prepared on letter-size paper.
Referred to Committee on Judiciary and Constitutional Law.

MONDAY, JANUARY 17, 1983

83

SB 85. By Senator Barnes of the 33rd:
A bill to amend Code Section 14-2-63 of the Official Code of Georgia Annotated, relating to venue in actions against corporations, so as to provide that corporations may be sued for torts, wrongs, and injuries in the county where the cause of action originated.
Referred to Committee on Judiciary and Constitutional Law.

SB 86. By Senator Barnes of the 33rd:
A bill to amend Chapter 4 of Title 51 of the Official Code of Georgia Annotated, relating to tort actions for wrongful death, so as to change the provisions for recovery for wrongful death of a spouse or parent; to provide that the same rules shall govern in the case of death of a spouse or parent of either sex.
Referred to Committee on Judiciary and Constitutional Law.

SB 87. By Senator Barnes of the 33rd:
A bill to amend Chapter 4 of Title 51 of the Official Code of Georgia Annotated, relating to tort actions for wrongful death, so as to allow recovery of punitive damages in wrongful death actions.
Referred to Committee on Judiciary and Constitutional Law.

SB 88. By Senators Barnes of the 33rd, Greene of the 26th, Dawkins of the 45th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to provide for liability for damages caused by intoxication of persons to whom a person engaged in the business of selling alcoholic beverages for consumption on the premises has sold or furnished alcoholic beverages.
Referred to Committee on Judiciary and Constitutional Law.

SB 89. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization, administration, and enforcement of the revenue laws, so as to change the qualifications for the office of state revenue commissioner and deputy state revenue commissioner by removing certain restrictions.
Referred to Committee on Governmental Operations.

SB 90. By Senator Turner of the 8th:
A bill to amend Part 2 of Article 6 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to safety equipment on trains, so as to require railroad cars operated at night to be equipped with reflective material.
Referred to Committee on Public Utilities.

84

JOURNAL OF THE SENATE

SB 91. By Senator Littlefield of the 6th:
A bill to amend Code Section 45-10-20 of the Official Code of Georgia Annotated, relating to unlawful sale of property, goods, or services to the state by state officers and employees, so as to authorize officers and employees under certain conditions to sell to units of the University System of Georgia their services as instructors of evening sports and recreation courses.
Referred to Committee on Governmental Operations.

SB 92. By Senator Littlefield of the 6th:
A bill to amend Code Section 47-12-82 of the Official Code of Georgia Annotated, relating to the salary for district attorneys emeritus and suspension while holding other office, so as to change the provisions relating to the salary of district attorneys emeritus.
Referred to Committee on Judiciary and Constitutional Law.

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

HB 24. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to change the provisions relating to the oath of office of the Governor.
Referred to Committee on Judiciary.

HB 25. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend the Official Code of Georgia Annotated so as to change the term "director of veterans service" to "commissioner of veterans service".
Referred to Committee on Judiciary.

HB 26. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others: A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry and Trade, so as to provide for the creation and composition of the Board of Industry and Trade.
Referred to Committee on Judiciary.

HB 27. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Article 2 of Chapter 4 of Title 14 of the Official Code of Georgia Annotated, relating to the incorporation of Secretary of State cor-

MONDAY, JANUARY 17, 1983

85

porations, so as to change the provisions relating to the number of directors of Secretary of State corporations.
Referred to Committee on Judiciary.

HB 28. By Representatives Snow of the 1st, Karrh of the 109th, Bray of the 91st and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to add additional exceptions to the right to register and vote as required by Article II, Section I, Paragraph III of the Constitution of the State of Georgia.
Referred to Committee on Judiciary.

HB 29. By Representatives Snow of the 1st, Bray of the 91st, Karrh of the 109th and others:
A bill to amend Article 12 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to election returns, so as to provide for the preparation and filing of four copies of the consolidated returns of primaries and elections by the superintendent.
Referred to Committee on Judiciary.

HB 76. By Representative Ramsey of the 3rd:
A bill to provide for a new board of education of Murray County; to provide for the election of the members of said board of education of Murray County.
Referred to Committee on Federal, State and Community Affairs.

HB 84. By Representatives Hasty and Anderson of the 8th: A bill to create and establish a Small Claims Court of Pickens County.
Referred to Committee on Federal, State and Community Affairs.

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

Mr. President:

The Committee on Public Safety has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 2. Do pass by substitute.
Respectfully submitted,
Senator Timmons of the llth District, Chairman

86

JOURNAL OF THE SENATE

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

SB 11. By Senators Greene of the 26th, Barnes of the 33rd, Peevy of the 48th and others:
A bill to amend Article 1 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of writings as evidence, so as to expand the type of medical bills which may be identified in evidence by a patient, a member of the patient's family, or other responsible person.

SB 35. By Senator Kidd of the 25th:
A bill to amend Code Section 48-5-148 of the Official Code of Georgia Annotated, relating to interest on unpaid taxes, record of interest, and taxes collected, so as to provide that, in each county having a population of not less than 34,500 and not more than 35,000 according to the United States decennial census of 1980 or any future such census, all ad valorem taxes due the county and state remaining unpaid on November 20 of each year shall bear interest at the rate specified in Code Section 48-2-40 from November 20.

SR 6. By Senators Greene of the 26th, Harris of the 27th and Barker of the 18th:
A resolution granting a temporary easement for construction purposes only and a perpetual easement for maintenance and operation of a sanitary sewer line across, over, and under property in Bibb County owned by the State of Georgia.

HB 1. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1982-83 known as the "General Appropriations Act," so as to change the revenue estimate and certain appropriations for the State Fiscal Year 198283.

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

Allgood Barker Barnes
Bond Bowen Brannon
Brown of 47th
Bryant Burton Cobb Coggin

Coleman Coverdell Dawkins
Deal Dean English
Engram
Fincher Foster Garner Gillis

Greene Harris Harrison
Hill Hine Holloway
Horton
Howard Hudgins Kennedy Kidd

MONDAY, JANUARY 17, 1983

87

Land Lester Littlefield McGill McKenzie
Peevy
Perry

Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr
Stumbaugh
Tate

Thompson Timmons Trnir^ 1 ruiocK lurner
Tysinger
Walker

Those not answering were Senators:

Brantley

Broun of 46th

Summers (deceased)

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

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

SR 16. By Senators Kennedy of the 4th, Dean of the 31st, Garner of the 30th and others:
A resolution to proclaim January 17, 1983 Georgia Mayor's Day on the occasion of the 25th Annual Georgia Mayors' Day of the Georgia Municipal Association; to commend mayors, other official and employees of municipalities in Georgia.

SR 20. By Senator Kennedy of the 4th: A resolution commending and congratulating Gena Paulk.

SR 21. By Senator Dawkins of the 45th:
A resolution expressing sorrow at the passing of Mrs. Margaret Guinn Barksdale.

SR 22. By Senator Brown of the 47th: A resolution commending and congratulating Laura Bass.

SR 23. By Senators Coleman of the 1st and Bryant of the 3rd:
A resolution commending the 101st Separate Coast Artillery Battalion Association.

88

JOURNAL OF THE SENATE

HR 57. By Representative Cox of the 141st: A resolution commending the Bainbridge High School Football Team.

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

HR 32. By Representatives Murphy of the 18th, McDonald of the 12th, Collins of the 144th and Snow of the 1st:
A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, January 21, 1983, and to reconvene on Monday, January 31, 1983, at 10:00 o'clock A.M.

On the adoption of the resolution, the yeas were 30, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
SENATE CALENDAR
Monday, January 17, 1983
EIGHTH LEGISLATIVE DAY
SB 3. False Report of Crime--change provisions on offense (Pub Saf--28th)
SB 8. Driver's License--no issuance of duplicates by Public Safety Depart ment (Pub Saf--28th)
SB 9. Hitchhikers--where a person may stand (SUBSTITUTE) (Pub Saf--28th)
SB 26. Time Period Ordered by Court--exclude Saturdays, Sundays, legal holidays (Judy--23rd)
SB 43. Counsel for Public Officials, Agencies--include sheriffs (Judy--llth) HB 3. Code--correct typographical, other errors (AMENDMENT)
(Judy--49th) HB 4. Code (Elections)--correct typographical, other errors (Judy--49th)

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

SB 3. By Senators Cobb of the 28th, Hill of the 29th and Bowen of the 13th:
A bill to amend Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public administration.

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

MONDAY, JANUARY 17, 1983

89

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

Those voting in the affirmative were Senators:

Barnes Bowen Brannon Brantley Bryant Burton Cobb Coleman Coverdell Deal Dean English

Foster Gillis Greene Harris Harrison Hill Hine Howard Kennedy Land Lester

McGill Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Thompson Timmons Turner Tysinger

Those voting in the negative were Senators:

Allgood Barker Bond Brown of 47th Coggin Dawkins Engram

Garner Holloway Horton Hudgins Kidd Littlefield

McKenzie Peevy Stumbaugh Tate Trulock Walker

Those not voting were Senators:

Broun of 46th

Fincher

Summers (deceased)

On the passage of the bill, the yeas were 34, nays 19.

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

Senator Perry of the 7th introduced the doctor of the day, Dr. Frank Carter, of Nashville, Georgia.

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

SB 8. By Senators Cobb of the 28th, Stumbaugh of the 55th, Turner of the 8th and others:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of li-

90

JOURNAL OF THE SENATE

censes, so as to eliminate the authority of the Department of Public Safety to issue duplicate licenses and permits.

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

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

Those voting in the affirmative were Senators:

Allgood Bowen Brantley Burton Cobb Coggin Coverdell Dean

Engram Fincher Harris Harrison Hill Land Littlefield

McKenzie Perry Phillips Stumbaugh Timmons Trulock Turner

Those voting in the negative were Senators:

Barker Barnes Bond Brannon Brown of 47th Bryant Dawkins Deal English Foster

Garner Gillis Greene Hine Holloway Horton Howard Kennedy Kidd Lester

McGill Peevy Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Thompson Tysinger Walker

Those not voting were Senators:

Broun of 46th Coleman

Hudgins

Summers (deceased)

On the passage of the bill, the yeas were 22, nays 30.

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

Senator Cobb of the 28th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 8.

MONDAY, JANUARY 17, 1983

91

SB 9. By Senators Cobb of the 28th, Hill of the 29th and Bowen of the 13th:
A bill to amend Code Section 40-6-98 of the Official Code of Georgia Anno tated, relating to pedestrians soliciting rides or business, so as to change the provisions relating to where a person may stand for the purpose of soliciting a ride.

Senator Cobb of the 28th moved that SB 9 be committed to the Senate Committee on Public Safety.

On the motion, the yeas were 43, nays 1; the motion prevailed, and SB 9 was committed to the Senate Committee on Public Safety.

SB 26. By Senator tester of the 23rd:
A bill to amend Code Section 9-11-6 of the Official Code of Georgia Anno tated, relating to time, so as to provide that intermediate Saturdays, Sun days and legal holidays shall be excluded in the computation when the pe riod of time prescribed or allowed is seven days or less.

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

On 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
o f ,,, u
Brown of 47th Bryant CBoubrtbon
Coggin Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris
Hill Hme HHoolrltoown ay
Howard Hudgins Kennedy Kidd Land tester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd
Scott f 36th
Scott of 43rd s S*tu,"m.baughi,
Tate Thompson Timmons Trulock Turner Tysinger Walker

92

JOURNAL OF THE SENATE

Those not voting were Senators:

Broun of 46th

Coleman

Summers (deceased)

On the passage of the bill, the yeas were S3, nays 0.

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

SB 43. By Senator Timmons of the llth:
A bill to amend Code Section 45-15-70 of the Official Code of Georgia An notated, relating to providing counsel for certain public officials and agen cies, so as to include sheriffs among those for whom counsel may be pro vided under certain circumstances; to provide an effective date.

Senator Timmons of the llth moved that SB 43 be postponed until January 18.
On the motion, the yeas were 46, nays 0; the motion prevailed, and SB 43 was postponed until January 18.

HB 3. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and Karrh of the 109th:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated.
Senate Sponsor: Senator Deal of the 49th.
Senator Deal of the 49th offered the following amendment:
Amend HB 3 by adding between lines 12 and 13 of Page 43 the following:
"Section 16.1. Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, is amended as follows:
(1) Said title is amended by adding a new Code Section 22-2-102.1 to read as follows:
'22-2-102.1. Whenever it shall be necessary for such condemning body to take or damage private property, or any interest or easement therein, in pursuance of any law so authorizing, for any public purpose, and where, by reason of the necessities of the public needs, of which the condemning body shall be the exclusive judge, and it shall be desirable for these reasons to have a quick and effective adjudication of the just and adequate compensation to be paid the owner or owners of such prop erty before taking the same, and it shall be desirable to have a judicial ascertainment and judicial supervision of all questions and proceedings connected with the matter, such condemning body may, through any au-

MONDAY, JANUARY 17, 1983

93

thorized representative, petition the superior court of the county having jurisdiction, for a judgment in rem against said property, or any ease ment or other interest in said property, condemning the same in fee sim ple to the use of the petitioner upon payment of just and adequate com pensation therefor.'
(2) Said title is further amended by adding a new Code Section 222-102.2 to read as follows:
'22-2-102.2. The petition referred to in Code Section 22-2-102.1 shall set forth:
(1) The facts showing the right to condemn;
(2) The property or interest to be taken or damaged;
(3) The names and residences of the persons whose property or in terests are to be taken or otherwise affected, so far as known;
(4) A description of any unknown persons or classes of unknown persons whose rights in the property or interest are to be affected; and
cause(5.')" Such other facts as are necessary for a full understanding of the

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
Senator Deal of the 49th offered the following amendment: Amend HB 3 by striking from line 32 of Page 50 the following: "medical staff of a",
and inserting in lieu thereof the following: "medical staff or a".
On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.
Senator Deal of the 49th offered the following amendment: Amend HB 3 by adding between lines 9 and 10 on Page 90 the
following: "(12.1) Said title is further amended by adding at the end of Code
Section 43-34-21, relating to the function and powers of the Composite State Board of Medical Examiners, a new subsection, to be designated subsection (0, to read as follows:

94

JOURNAL OF THE SENATE

'(0 The board shall examine applicants to test their qualifications to practice medicine.'"

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

Senator Deal of the 49th offered the following amendment:
Amend HB 3 by inserting preceding line 10 on Page 90 the following:
"(12.2) Said title is further amended by striking Code Section 4334-31, relating to licensing physicians of other states and countries, in its entirety and inserting in lieu thereof a new Code Section 43-34-31 to read as follows:
'43-34-31. Licensed physicians of other states and foreign countries may be permitted to enter this state for consultation with any licensed physician of this state. A physician from another state or from a foreign country shall not be permitted to establish offices in this state for the practice of his profession, either temporary or permanent, or practice under another physician's license, unless he obtains a license from the board. A license may be issued to a physician of another state or a for eign country by comity or reciprocity if the standards for medical licensure of such a state or foreign country equal those of this state, and after such state or foreign country agrees to license physicians of this state on a like basis, provided such agreements are not in conflict with this article.'"

On the adoption of the amendment, the yeas were 42, nays 1, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton

Cobb Coggin Coverdell Dawkins Deal Dean English Engram Fincher Foster

Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard

MONDAY, JANUARY 17, 1983

95

Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy

Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh

Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Coleman

Hudgins

Summers (deceased)

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 4. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions.
Senate Sponsor: Senator Deal of the 49th.

Senator Kidd of the 25th offered the following amendment:
Amend HB 4 by adding between lines 25 and 26 of Page 6 the following:
"(20.1) By striking from subsection (b) of Code Section 21-2-385, relating to procedure for voting by absentee ballot, the following:
'five',
and inserting in lieu thereof the following: 'ten'."
By adding between lines 25 and 26 of Page 15 the following:
"(59.1) By striking from subsection (c) of Code Section 21-3-318, relating to the assisting of certain electors, the following:
'five',
and inserting in lieu thereof the following:

96

JOURNAL OF THE SENATE

'ten'."

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

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land
Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th

Coleman

Summers (deceased)

On the passage of the bill, the yeas were 53, nays 0.

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

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

At 11:38 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

TUESDAY, JANUARY 18, 1983

97

Senate Chamber, Atlanta, Georgia Tuesday, January 18, 1983 Ninth Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator English of the 21st reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Cobb of the 28th moved that the Senate reconsider its action of January 17 in defeating the following bill of the Senate:

SB 8. By Senators Cobb of the 28th, Stumbaugh of the 55th, Turner of the 8th and others:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of li censes, so as to eliminate the authority of the Department of Public Safety to issue duplicate licenses and permits.

On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators:

Allgood Barker Bond Brannon Broun of 46th Brown of 47th
Button c bh Coggin Coleman Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene
Harris Harrison Hi Holloway Horton Kennedy Kidd tester

Littleneld McGill McKenzie Peevy p phillips
Scott of 2nd Scott of 36th Sco of 43rd Starr Thompson Trulock Turner Walker

Those voting in the negative were Senators Barnes and Hine.

Those not voting were Senators:

Bowen Brantley

Coverdell Howard

Hudgins Land

98

JOURNAL OF THE SENATE

Stumbaugh Summers (deceased)

Tate Timmons

Tysinger

On the motion, the yeas were 43, nays 2; the motion prevailed, and SB 8 was reconsidered and placed at the foot of the Senate Calendar today.

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

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

Mr. President:

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

HB 2. By Representatives Walker of the 115th, Evans of the 84th and Karrh of the 109th:
A bill to amend Code Section 48-6-4, relating to real estate transfer tax, so as to provide that an actually recorded instrument shall constitute legal no tice if the tax has not been paid.

HB 12. By Representative Phillips of the 125th:
A bill to amend Code Section 15-6-77 of the Official Code of Georgia Anno tated, relating to certain filing fees charged by superior courts, so as to change certain fees; to amend Code Section 11-9-40 of the Official Code of Georgia Annotated, relating to termination statements in secured transac tions, so as to change certain filing fees charged by superior courts.

HB 18. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Code Section 36-6-1 of the Official Code of Georgia Anno tated, relating to the qualifications of county treasurers, so as to provide that county treasurers shall be elected and commissioned in the same manner and at the same time as clerks of the superior courts and shall hold their offices for terms of four years.

HB 30. By Representatives Snow of the 1st, Lawson of the 9th, Bray of the 91st and others:
A bill to amend Code Section 28-1-11, relating to maintenance of engrossed copies of laws and joint resolutions, so as to provide for the publication of such laws and joint resolutions.

TUESDAY, JANUARY 18, 1983

99

HB 31. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Part 1 of Article 2 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, relating to the reward to the first person, or corporation which puts down and brings in the first commercial oil well in this state, so as to change the provisions relating to the determination as to whether such well is producing the required amount of oil per day.

HB 32. By Representatives Snow of the 1st, Karrh of the 109th, Bray of the 91st and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise and update certain eligibility requirements for persons holding office in this state as required by Article II, Section II, Par agraph III of the Constitution of the State of Georgia.

HB 33. By Representatives Snow of the 1st, Lawson of the 9th, Bray of the 91st and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions relative to the General Assembly of Georgia, so as to provide for the oath of office of members of the General Assembly.

HB 34. By Representatives Snow of the 1st, Lawson of the 9th, Bray of the 91st and others:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Anno tated, relating to the Board and Department of Offender Rehabilitation, so as to change the provisions relating to the creation of the Board of Offender Rehabilitation.

HB 35. By Representatives Snow of the 1st, Karrh of the 109th, Bray of the 91st and others:
A bill to amend Code Section 21-2-501 of the Official Code of Georgia An notated, relating to certain prerequisites and procedures regarding the hold ing of a primary or election, so as to provide that a run-off primary or run off election shall be a continuation of the primary or election and only per sons who are entitled to vote in the primary or election shall be entitled to vote therein.

HB 36. By Representatives Snow of the 1st, Karrh of the 109th, Bray of the 91st and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions relative to the General Assembly of Georgia, so as to repeal the provisions relating to the election of the Presi dent of the Senate and the Speaker of the House of Representatives and the President Pro Tempore of the Senate and the Speaker Pro Tempore of the House of Representatives.

100

JOURNAL OF THE SENATE

HB 112. By Representative Adams of the 79th:
A bill to amend an Act establishing a new charter for the City of Thomaston, Georgia, so as to change the method of selecting members of the board of education.

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

SB 93. By Senators Barker of the 18th, Kidd of the 25th and Garner of the 30th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate behavioral science practition ers; to provide a short title; to provide for legislative intent, purpose, and findings.
Referred to Committee on Governmental Operations.

SB 94. By Senator Coverdell of the 40th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide minimum funding standards for retirement or pension systems for employees and officials of the State of Georgia and its political subdivisions.
Referred to Committee on Retirement.

SB 95. By Senator Turner of the 8th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide minimum funding standards for retirement or pension systems for employees and officials of the State of Georgia and its political subdivisions.
Referred to Committee on Retirement.

SB 96. By Senator Coggin of the 35th:
A bill to amend Chapter 12 of Title 47 of the Official Code of Georgia Annotated, relating to district attorneys emeritus, so as to change the provi sions relating to practicing law while serving as district attorney emeritus.
Referred to Committee on Judiciary.

SB 97. By Senator Brannon of the 51st:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to change the provisions relating to costs, emoluments, or other compensation of members of the Uniform Division of the Department of Public Safety.
Referred to Committee on Appropriations.

TUESDAY, JANUARY 18, 1983

101

SB 98. By Senator Howard of the 42nd:
A bill to amend Code Section 19-3-40 of the Official Code of Georgia Anno tated, relating to blood tests required for marriage licenses, so as to delete certain requirements regarding serologic tests for syphilis.
Referred to Committee on Human Resources.

SB 99. By Senator Howard of the 42nd:
A bill to amend Chapter 4 of Title 17 of the Official Code of Georgia Anno tated, relating to the arrest of persons, so as to provide for a uniform viola tion citation and complaint form for certain offenses and for practices and procedures relating thereto.
Referred to Committee on Judiciary.

SB 100. By Senators Fincher of the 54th, Gillis of the 20th and Lester of the 23rd:
A bill to amend Code Section 7-1-133 of the Official Code of Georgia Anno tated, relating to prohibited advertising by financial institutions, so as to require the disclosure of certain conditions for the establishment and main tenance of contractual banking relationships and provide for rules and regu lations relating thereto.
Referred to Committee on Banking and Finance.

SB 101. By Senator Coggin of the 35th:
A bill to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to abandoned mo tor vehicles, so as to change the provisions relative to unattended or aban doned motor vehicles.
Referred to Committee on Judiciary.

SB 102. By Senator Howard of the 42nd:
A bill to amend Code Section 43-34-33 of the Official Code of Georgia An notated, relating to institutional licenses to practice medicine, so as to pro hibit the further issuance of institutional licenses to practice medicine but to authorize the renewal of certain such licenses.
Referred to Committee on Human Resources.

SB 103. By Senator Howard of the 42nd:
A bill to amend Code Section 40-6-391, relating to driving under the influ ence of alcohol or drugs, so as to prohibit certain changes in charges except under certain conditions; to provide an effective date.
Referred to Committee on Judiciary.

102

JOURNAL OF THE SENATE

SB 104. By Senator Howard of the 42nd:
A bill to amend Code Section 20-3-374 of the Official Code of Georgia An notated, relating to service cancelable educational loan funds, so as to au thorize such loans for students in long-term health care nursing programs.
Referred to Committee on Human Resources.

SB 105. By Senator Coverdell of the 40th:
A bill to provide for the nopartisan nomination and election of the judge of the Probate Court of Fulton County; to provide for the requirements and procedures of the nonpartisan nomination and election.
Referred to Committee on Federal, State and Community Affairs.

SR 19. By Senator Scott of the 43rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for conditions and limitations whereby a county, municipality, or other political subdivision may incur debt without the necessity of a referendum; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Federal, State and Community Affairs (General).

SR 24. By Senator Howard of the 42nd:
A resolution urging that all state departments and agencies perform certain functions in regard to asbestos-containing materials.
Referred to Committee on Human Resources.

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

HB 2. By Representatives Walker of the 115th, Evans of the 84th and Karrh of the 109th:
A bill to amend Code Section 48-6-4, relating to real estate transfer tax, so as to provide that an actually recorded instrument shall constitute legal no tice if the tax has not been paid.
Referred to Committee on Judiciary.

HB 12. By Representative Phillips of the 125th:
A bill to amend Code Section 15-6-77 of the Official Code of Georgia Anno tated, relating to certain filing fees charged by superior courts, so as to change certain fees; to amend Code Section 11-9-40 of the Official Code of Georgia Annotated, relating to termination statements in secured transac tions, so as to change certain filing fees charged by superior courts.
Referred to Committee on Judiciary.

TUESDAY, JANUARY 18, 1983

103

HB 18. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Code Section 36-6-1 of the Official Code of Georgia Anno tated, relating to the qualifications of county treasurers, so as to provide that county treasurers shall be elected and commissioned in the same manner and at the same time as clerks of the superior courts and shall hold their offices for terms of four years.
Referred to Committee on Judiciary.

HB 30. By Representatives Snow of the 1st, Lawson of the 9th, Bray of the 91st and others:
A bill to amend Code Section 28-1-11, relating to maintenance of engrossed copies of laws and joint resolutions, so as to provide for the publication of such laws and joint resolutions.
Referred to Committee on Judiciary.

HB 31. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Part 1 of Article 2 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, relating to the reward to the first person, or corporation which puts down and brings in the first commercial oil well in this state, so as to change the provisions relating to the determination as to whether such well is producing the required amount of oil per day.
Referred to Committee on Judiciary.

HB 32. By Representatives Snow of the 1st, Karrh of the 109th, Bray of the 91st and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated relating to elections, so as to revise and update certain eligibility requirements for persons holding office in this state as required by Article II, Section II, Par agraph III of the Constitution of the State of Georgia.
Referred to Committee on Judiciary.

HB 33. By Representatives Snow of the 1st, Lawson of the 9th, Bray of the 91st and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions relative to the General Assembly of Georgia, so as to provide for the oath of office of members of the General Assembly.
Referred to Committee on Judiciary.

HB 34. By Representatives Snow of the 1st, Lawson of the 9th, Bray of the 91st and others:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Anno tated, relating to the Board and Department of Offender Rehabilitation, so

104

JOURNAL OF THE SENATE

as to change the provisions relating to the creation of the Board of Offender Rehabilitation.
Referred to Committee on Judiciary.

HB 35. By Representatives Snow of the 1st, Karrh of the 109th, Bray of the 91st and others:
A bill to amend Code Section 21-2-501 of the Official Code of Georgia An notated, relating to certain prerequisites and procedures regarding the hold ing of a primary or election, so as to provide that a run-off primary or run off election shall be a continuation of the primary or election and only per sons who were entitled to vote in the primary or election shall be entitled to vote therein.
Referred to Committee on Judiciary.

HB 36. By Representatives Snow of the 1st, Karrh of the 109th, Bray of the 91st and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions relative to the General Assembly of Georgia, so as to repeal the provisions relating to the election of the Presi dent of the Senate and the Speaker of the House of Representatives and the President Pro Tempore of the Senate and the Speaker Pro Tempore of the House of Representatives.
Referred to Committee on Judiciary.

HB 112. By Representative Adams of the 79th:
A bill to amend an Act establishing a new charter for the City of Thomaston, Georgia, so as to change the method of selecting members of the board of education.
Referred to Committee on Federal, State and Community Affairs.

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

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 25. Do not pass.
Respectfully submitted,
Senator Bond of the 39th District, Chairman

TUESDAY, JANUARY 18, 1983

105

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation 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 77. Do pass. HB 84. Do pass.
Respectfully submitted,
Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 1. Do pass by substitute.
Respectfully submitted,
Senator Walker of the 19th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the fol lowing recommendation:
SB 63. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 59. Do pass by substitute.
Respectfully submitted,
Senator Holloway of the 12th District, Chairman

106 Mr. President:

JOURNAL OF THE SENATE

The Committee on Transportation has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 65. Do pass.
Respectfully submitted,
Senator Holloway of the 12th District, Chairman

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

SB 2. By Senators Cobb of the 28th, Stumbaugh of the 55th, Turner of the 8th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to require the operator of any vehicle with glass installed in the windshield or front windows, which glass is trans parent from only one side, to stop immediately and roll down the front win dows of such vehicle when apprehended by a law enforcement officer.

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

SB 35. By Senator Kidd of the 25th:
A bill to amend Code Section 48-5-148 of the Official Code of Georgia An notated, relating to interest on unpaid taxes, record of interest, and taxes collected, so as to provide that, in each county having a population of not less than 34,500 and not more than 35,000 according to the United States decennial census of 1980 or any future such census, all ad valorem taxes due the county and state remaining unpaid on November 20 of each year shall bear interest at the rate specified in Code Section 48-2-40 from November 20.

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

On the passage of the bill, the yeas were 50, nays 0.

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

TUESDAY, JANUARY 18, 1983

107

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

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Not answering was Senator Summers (deceased).

Senator Scott of the 43rd introduced the chaplain of the day, Father Ray Horan, pastor of Saints Peter and Paul Catholic Church, Decatur, Georgia, who offered scrip ture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 25. By Senator Turner of the 8th: A resolution commending and congratulating Leigh Powell.

SR 26. By Senator Perry of the 7th: A resolution commending and congratulating Robbie Wylie.

SR 27. By Senator Foster of the 50th:
A resolution expressing regret at the passing of Mr. Clarence Westmoreland.

108

JOURNAL OF THE SENATE

SR 28. By Senator Foster of the 50th: A resolution commending and congratulating Charles Barrett.

SR 29. By Senator Mine of the 52nd: A resolution commending and congratulating Conda Shiflett.

SR 30. By Senator Mine of the 52nd: A resolution commending and congratulating Leigh Moore.

SR 31. By Senator Turner of the 8th: A resolution commending the Valdosta High School Football Team.

SR 32. By Senator McKenzie of the 14th: A resolution commending and congratulating Anne Arthur.

SR 33. By Senators Gillis of the 20th, Kennedy of the 4th and Walker of the 19th: A resolution commending the Vidalia Sweet Onion.

SR 34. By Senators Kidd of the 25th, Howard of the 42nd, English of the 21st and others:
A resolution commending Honorable Al Holloway.

SR 35. By Senators English of the 21st, Gillis of the 20th, Walker of the 19th and others:
A resolution commending and congratulating Lisa Wiggins.

SR 36. By Senator Dawkins of the 45th: A resolution commending and congratulating Jeff Wagner.

SR 37. By Senators Harris of the 27th and Greene of the 26th: A resolution commending and congratulating Jenifer Embry.

SR 38. By Senator Brantley of the 56th: A resolution commending and congratulating Joyce Brown.

SR 39. By Senators Bowen of the 13th and Trulock of the 10th: A resolution commending and congratulating Brad Lewis.

TUESDAY, JANUARY 18, 1983

109

SR 40. By Senators Trulock of the 10th and Bowen of the 13th: A resolution recognizing Lisa Spain.

Senator Turner of the 8th moved that the following bill of the Senate be with drawn from the Senate Committee on Judiciary and Constitutional Law and commit ted to the Senate Committee on Retirement:

SB 92. By Senator Littlefield of the 6th:
A bill to amend Code Section 47-12-82 of the Official Code of Georgia An notated, relating to the salary for district attorneys emeritus and suspension while holding other office, so as to change the provisions relating to the sal ary of district attorneys emeritus.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 92 was withdrawn from the Senate Committee on Judiciary and Constitutional Law and com mitted to the Senate Committee on Retirement.

Senator Tate of the 39th introduced the doctor of the day, Dr. Christopher Vaughn, of Atlanta, Georgia.

The following resolution of the Senate was read and adopted:

SR 18. By Senator Engram of the 34th: A resolution commending the Palmetto High School football team.

Senator Engram of the 34th introduced the Palmetto High School Raiders Foot ball Team to the Senate.

SENATE CALENDAR
Tuesday, January 18, 1983
NINTH LEGISLATIVE DAY
HB 1 Appropriations, 1982-1983--change (SUBSTITUTE) (App--12th) SB 11 Evidence--type of medical bills which may be identified (SUBSTI
TUTE) (J&CL--26th) SR 6 Bibb County State Property--temporary easement for sewer line (Pub
U--26th) SB 43 Counsel for Public Officials, Agencies--include sheriffs (Judy--llth) SB 8 Driver's License--no issuance of duplicates by Public Safety Depart
ment (Pub Saf--28th)

110

JOURNAL OF THE SENATE

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
Senator Starr of the 44th assumed the Chair at the direction of the President.

HB 1. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 1982-83 known as the "General Appropriations Act," so as to change the revenue estimate and certain appropriations for the State Fiscal Year 198283.
Senate Sponsor: Senator Holloway of the 12th.
The Senate Committee on Appropriations offered the following substitute to HB 1:
A BILL TO BE ENTITLED AN ACT
To amend an Act providing appropriations for the State Fiscal Year 1982-83, known as the "General Appropriations Act," approved April 21, 1982 (Ga. Laws 1982, p. 1876), so as to change the revenue estimate and certain appropriations for the State Fiscal Year 1982-83; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1982-83, known as the "General Appropriations Act," approved April 21, 1982 (Ga. Laws 1982, p. 1876), is amended by striking everything following the enacting clause, and by substituting in lieu thereof the following:
"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 State Fiscal Year, from the General Funds of the State, including unappropriated surplus and a State fund revenue es timate of $3,632,000,000 for State Fiscal Year 1983.
PART I.
LEGISLATIVE BRANCH

Section 1. Legislative Branch.
Budget Unit: Legislative Branch ............ $ Operations ............................ $ Total Funds Budgeted .................. $ State Funds Budgeted .................. $

15,176,000 15,176,000 15,176,000 15,176,000

TUESDAY, JANUARY 18, 1983

111

Budget Unit Object Classes:

Operations .............................. $ 15,176,000

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for mem bership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon ap proval of the Legislative Services Committee; for mem bership in the Marine Fisheries Compact and other Com pacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, re construction, furnishing and refurbishing of space and other facilities for the Legislative Branch; for the Legisla tive Services Committee, the Office of Legislative Coun sel and the Office of Legislative Budget Analyst; for the operation of the Georgia Educational Improvement Council; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revi sion; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legis lative Branch of Government; and for payments to Presi dential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legis lative Branch of Government, and the payment and re ceipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to de termine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Govern ment. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may in clude that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.

112

JOURNAL OF THE SENATE

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

5,425,000
5,075,000 5,075,000 5,075,000
350,000 350,000 350,000
5,075,000 350,000 28 150

PART II. JUDICIAL BRANCH

Section 3. Supreme Court Budget Unit: Supreme Court ..

2,387,894

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, how ever, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Pro vided, however, that the sum of $7,500 shall be allocated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as pro vided in Georgia Laws 1953, Nov.-Dec. Session, pp. 478481 (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. Budget Unit: Superior Courts

$ 19,730,053

For the cost of operating the Superior Courts of the

TUESDAY, JANUARY 18, 1983
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 Dis trict 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 dur ing the fiscal year, and by the amount of $17,000 per an num for each additional District Attorney Emeritus posi tion 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 Regular Session of the General Assembly immediately preceding this State Fiscal Year.
Provided, that of the above appropriation relating to Superior Courts, $446,539 is designated and committed for the Prosecuting Attorneys' Council for operations and $82,184 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 of $10,000 is designated and committed to permit Judges with less than five years of experience to attend the Judi cial College.
Total Positions Budgeted

113 458

Section 5. Court of Appeals. Budget Unit: Court of Appeals ............ $

2,652,951

For the cost of operating the State Court of Appeals, including salaries and retirement contributions of judges and employees of the Court and for the Emeritus Judges of the Court. Provided, however, that the listed appropri ation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year.

114

JOURNAL OF THE SENATE

Total Positions Budgeted

55

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

705,631 526,178 60,000 227,553 813,731 705,631
20

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

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

190,000

For the cost of purchasing and distributing the re ports (decisions) of the appellate courts to Judges, Dis trict 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 .........................

45,788

For the cost of operating the Judicial Qualifications Commission.
Total Positions Budgeted

Section 9. Board of Court Reporting. Budget Unit: ............................ $

15,486

For the cost of operating the Board of Court Report ing.
Total Positions Budgeted

TUESDAY, JANUARY 18, 1983

115

Section 10. Council of Juvenile Court Judges. Budget Unit: ............................ $

104,384

For the cost of operating the Council of Juvenile Court Judges.

Total Positions Budgeted

3

Section 11. Georgia Justice Courts Training Coun cil.
Budget Unit: ............................ $ ,

13,970

For the cost of operating the Georgia Justice Courts Training Council.
Total Positions Budgeted

Section 12. Georgia Judicial Administrative Dis tricts.
Budget Unit: ............................ $

494,058

For the cost of operating the Georgia Judicial Ad ministrative Districts.

Total Positions Budgeted

20

PART III. EXECUTIVE BRANCH

Section 13. Department of Administrative Services.
A. Budget Unit: Department of Administrative Services ................. $
1. State Properties Commission Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .... $ Equipment Purchases ..................... $ Computer Charges ....................... $

31,044,488
219,910 5,688 1,600 --4)-- 100 --0-- --0--

116

JOURNAL OF THE SENATE

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

12,516 3,600 13,455 256,869 256,869
6
1,069,715 155,447 11,000 --0-- 10,820 952 30,000 47,817 16,449 ---0--
1,970,802
375,200
1,200,000
850,000 5,738,202 5,665,802
42
864,780 80,103 6,000
4,582,447 27,851 12,510
478,345 6,062,036 3,763,270

TUESDAY, JANUARY 18, 1983

117

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

29
247,875 297,207
--0-- 1,003 ---0-- 1,400 ---0-- 61,179 ---0-- 1,000 5,400,000 --0-- 6,009,664 6,009,664 --0--
15
1,211,198 113,823 7,250 ---Q-- 29,000 447 190,590 56,502 34,500 ---0--
1,643,310 1,643,310
50
304,217 7,529 6,550 ---0-- 9,800 150 18,000 12,165 29,779 ---0--
388,190 388,190
--O--

118

JOURNAL OF THE SENATE

Total Positions Budgeted

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

256,079 7,320 1,500 --0-- 400 928 5,000 17,999 6,230 --0-- --0--
295,456 295,456
10

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

16,676,476 1,410,817
60,000 ---0-- 230,800 56,319 280,000 16,776,942 1,024,536 309,543
2,270,896 837,692
39,934,021 39,934,021 13,302,685
661

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

389,011 1,479,866
--0-- 2,112,597 2,112,597

TUESDAY, JANUARY 18, 1983

119

State Funds Budgeted .................... $ Total Positions Budgeted

--0-- 22

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

2,473,852 364,761 11,000 50,600 59,000 21,380 164,823 57,503 385 5,000
26,395,620 29,603,924 29,603,294 6,000,000
108

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

1,410,732 1,559,230
--0-- --0-- --0-- 50,000 --0-- 128,170 --0-- 400,000 --0-- 3,548,132 3,548,132 --0--
69

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

723,902 260,552 25,300
--0-- 16,000 7,400 2,200 6,000 13,170 25,000 12,000 23,980 1,115,504

120

JOURNAL OF THE SENATE

State Funds Budgeted .................... $ Total Positions Budgeted

117,096 39

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

157,942 117,120
--0--
--0--
2,239 --0-- --0-- --0-- 277,301 277,301 --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

531,026 21,673 24,500 --0-- 2,500
900 60,000 26,227 9,179 --0-- 20,000 696,005 696,005 --0--
22

Budget Unit Object Classes:

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

26,536,715 5,881,136
154,700 286,603 368,420 147,876 5,333,060 1,481,424 435,345 889,147 16,776,942
23,980

TUESDAY, JANUARY 18, 1983

121

Payments to DOAS Fiscal Administration .................. ....... $
Direct Payments to Georgia Building Authority for Operations ..................... ....... $
Direct Payments to Georgia Building Authority for Capital Outlay .................. ....... $
Direct Payments to Georgia Building Authority for Authority Lease Rentals ......... ....... $
Direct Payments to Georgia Building Authority for Floyd Buildings Operations ....... ....... $
State Liability Self-Insurance Reserve ........................ ....... $
Telephone Billings ................. ....... $ ....... $
Public Safety Officers Indemnity Fund ................. ....... $
Total Positions Budgeted Authorized Motor Vehicles

2,270,896
375,200
1,970,802
850,000
1,200,000
26,395,620 5,825,000
478,345 1,096 284

It is the intent of this General Assembly that the Of fice of Planning and Budget and all other agencies of State government utilize federal funds wherever possible in connection with Workers' Compensation and Unem ployment Compensation payments, and that no such pay ments shall be made to or on behalf of anyone other than bona fide State employees.

It is the intent of this General Assembly that income to the Department of Administrative Services from user agencies shall not exceed the maximum amounts listed below for each service activity:

General Services ......................... $ Data Processing Service ................... $ Motor Pool Service ....................... $ Communication Services .................. $ Printing Services ......................... $ Total ................................... $

388,190 39,934,021 2,112,597 29,603,924 3,548,132 75,586,864

except to provide general salary increases authorized for all State employees, or unless there is a corresponding fund availability, with prior budgetary approval, in the appropriate object class or classes of user agency or agen cies for which the Department provides service.
Provided further, the State Auditor shall report any exceptions or violations of this intent in the annual

122

JOURNAL OF THE SENATE

financial audit of the Department of Administrative Ser vices.

Provided, it is the intent of this General Assembly that the Department shall not purchase, lease, or leasepurchase any additional computer hardware other than that which is authorized in this appropriations Act, unless funds are available for this purpose in the user agencies.

B. Budget Unit: Georgia Building Authority ............................. $

--0--

Georgia Building Authority Budget:

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

11,050,940 2,487,369
4,000
--0-- 32,000 110,000 --0-- --0-- 60,000 115,000 1,970,802 1,039,500 4,700,000
--0-- 21,569,611
--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

11,050,940 2,487,369
4,000
--0-- 32,000 110,000 --0-- --0-- 60,000 115,000 1,970,802 1,039,500 4,700,000
--0-- 507 39

TUESDAY, JANUARY 18, 1983

123

The Authority is authorized to increase the amount budgeted for Facilities Renovations and Repairs by such amounts as are approved for other Agencies or Authori ties 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............................ $ 22,020,739

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

3,572,578 303,871 102,715 54,211 28,000 70,610 --0-- 2,553 42,381 ---0--
4,176,919 3,662,126
168

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

1,193,752 118,480 43,500 42,490 9,500 700 --0-- --0-- 46,563 75,000
448,019
823,556
991,000 498,500
71,000 --0-- 4,362,060 4,007,204

124

JOURNAL OF THE SENATE

Total Positions Budgeted
3. Marketing Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Advertising ............................. $ Major Repairs and Maintenance
Projects at 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 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 .................... $

56
877,604 137,440 53,000
6,087 13,980 2,275 --0-- --0-- 38,250 27,000 55,000
95,000 1,305,636 1,299,386
40
1,882,500 773,438 10,050 23,100 6,000 13,425 --0-- --0-- 36,720 35,000 24,650
264,000 3,068,883
584,480 103
2,008,349 118,404 168,190 --0-- 4,000 1,900 --0-- 3,600 19,000 200
2,323,643

TUESDAY, JANUARY 18, 1983

125

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 .................. $ Payments to Georgia Agrirama
Development Authority. ................. $ 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 .................... $

2,323,643 108
1,296,671 214,138 27,500 6,087 14,000 3,220 128,362 515,900 43,000 1,000
10,000
263,613 2,523,491 2,479,123
54
138,083 14,140
600 --0-- 370,000 1,725
6,732
590,432 1,121,712 1,121,712
9
1,265,543 232,373 89,100 121,300 4,500 16,100
15,964
1,744,880

126

JOURNAL OF THE SENATE

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 ............. S Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
12. Fire Ant Control Budget:
Personal Services ......................... $

1,741,380 71
676,441 66,051 17,500 22,250 4,000 --0-- --0-- --0-- 20,502
500 807,244 807,244
29
3,017,089 132,323 155,600 30,958 8,200 3,300 --0-- 6,240 34,000 --0--
3,387,710 2,653,307
126
2,722,460 77,466 147,119 29,000 3,542 660 --0-- --0-- 19,584 114,300
3,114,131 1,241,134
122
--0--

TUESDAY, JANUARY 18, 1983

127

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

100,000 100,000
100,000 0

13. 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

178,732 7,400 3,000

Budget Unit Object Classes:

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

18,829,802 2,195,524
817,874 335,483 465,722 113,915 128,362 528,293 322,696 242,650 590,432
100,000
448,019
823,556
991,000

128

JOURNAL OF THE SENATE

Veterinary Fees .............. Indemnities ................. Advertising Contract.......... Payments to Georgia Agrirama
Development Authority for Operations ................ Repairs and Maintenance Projects at Minor Markets . . Repairs and Maintenance Projects at Major Markets . . Contract--Federation of Southern Cooperatives ...... Capital Outlay............... Total Positions Budgeted Authorized Motor Vehicles

498,500
71,000 90,000

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 committed for poultry shows relating to research and promoting.
Provided, that of the above appropriation, the De partment is authorized and directed to notify dairy farm ers of milk-sample test results after each test.
Provided, that of the above appropriation relating to Repairs to Major and Minor Markets, no expenditure shall be made without prior approval of the Georgia Building Authority (Markets).
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 Development Authority.................. $
Georgia Agrirama Development Authority Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................. S Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $

417,353 91,104 6,160 --0--
5,300 7,030 --0--

TUESDAY, JANUARY 18, 1983
Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ........... $ Capital Outlay........................... $ Goods for Resale .........................$ 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........................... $ Goods for Resale .........................$ Total Positions Budgeted Authorized Motor Vehicles

129
--0-- 5,500 94,483 206,024 80,100 913,054 --0--
27
417,353 91,104 6,160 ---0-- 5,300 7,030 ---0----0-- 5,500 94,483 206,024 80,100 27 5

Provided, the Authority is hereby authorized to budget additional agency income for the purpose of pro viding a retirement plan for its employees.

Section 15. Department of Banking and Finance.
Budget Unit: Department of Banking 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

3,278,089
2,698,765 142,485 234,000 --0-- 36,000 6,100 9,889 117,450 31,400 2,000
3,278,089 3,278,089
102

130

JOURNAL OF THE SENATE

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

2,698,765 142,485 234,000
36,000 6,100 9,889
117,450
31,400 2,000
102 21

Section 16. Department of Community Affairs.
A. Budget Unit: Department of Community Affairs ................... $
1. Executive and Administrative Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Felony Expenses .................. $ Multi-State Transportation Board........... $ 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 ...................... $

4,137,028
514,659 38,060 10,000 --0-- 7,500 --0--
100 91,779 11,000 9,000 50,000 --0--
1,282,000
110,000 348,000 2,472,598 2,395,547
18
642,621 24,027 36,000 6,200 8,150 --0--
900 29,349 13,150

TUESDAY, JANUARY 18, 1983

131

Per Diem, Fees and Contracts .............$ Juvenile Justice Grants. ................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

3. Community 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 ............. $ Appalachian Regional
Commission Assessment................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

4. Intergovernmental 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

Budget Unit Object Classes:

Personal Services.................

$

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 ..........

$

29,100 1,000,000 1,789,497
694,035 24
833,175 30,000 52,505 ---0-- 10,000 ---0-- 2,000 40,000 30,000 30,000
56,720 1,084,400
644,540 29
444,886 12,188 16,710 ---0-- 18,450 ---0-- 4,000 21,232 18,500 4,650
540,616 402,906
14
2,435,341 104,275 115,215 6,200 44,100
7,000 182,360 72,650 72,750 50,000

132

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

1,282,500 348,000
1,000,000 85 4

B. Budget Unit: Georgia Residential Financial 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

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
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 32,750
14,500
102,556 75,500 300,650 10,264,214 475,000
73 29

TUESDAY, JANUARY 18, 1983

133

Section 17. Office of Comptroller General.
Budget Unit: Office of Comptroller General ............... ... $
1. Internal Administration Budget:
Personal Services ......................... $ Regular Operating Expenses ..............$ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
2. Insurance Regulation Budget:
Personal Services......................... $ Regular Operating Expenses .............. $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing ................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
3. Industrial Loans Regulation Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing ..................$ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

5,650,311
525,215 89,128 2,445 ---0--
5,925 1,655 232,080 --0-- 14,393 ---0-- 870,841 858,844
20
1,051,545 48,248 2,683 ---0-- 90,921 280 69,585 17,632 23,650 3,000
1,307,544 1,222,544
46
362,954 20,884 14,810 5,500
997
5,536
410,681 410,681
13

134

JOURNAL OF THE SENATE

4. Information and Enforcement Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
5. Fire Safety and Mobile Home Regulation Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Positions Budgeted Authorized Motor Vehicles

965,321 36,566 16,442 7,250 2,366 --0-- --0-- 18,992 31,263 ---0--
1,078,200 1,078,200
43
2,035,225 93,330 126,150 87,000 11,935 2,200 --0-- 32,168 27,022 10,000
2,425,030 2,080,042
101
4,940,260 288,156 162,530 99,750 112,144 4,135 301,665 68,792 101,864 13,000 223 57

Section 18. Department of Defense. Budget Unit: Department of Defense .......... $

2,638,760

TUESDAY, JANUARY 18, 1983

135

1. Office of the Adjutant General Budget:
Personal Services ......................... $ 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 ................ $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
2. Georgia Emergency Management Agency Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ..................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts .............$ Utilities. ................................$ Civil Air Patrol Contract.................. $ Local Civil Defense Grants--
Project Application ..................... $ Local Civil Defense
Grants--Training ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
3. Georgia Air National Guard Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $

610,938 23,678 2,580 8,000 3,500
700 10,000
--0-- 659,396 588,274
21
893,517 100,570 29,870
---0-- 18,910
350 --0-- 6,200 35,750 52,140 19,700 40,000
30,000
45,000 1,272,007
466,160 36
1,149,051 299,413 800
1,350

136

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts ............. $ Utilities................................. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
4. Georgia Army National Guard Budget:
Personal Services......................... $ Regular 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........................... $ Georgia Military Institute Grant ........... $ Grants to National Guard Units............ $ 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 ............. $ Utilities .................................$ 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

626,531
2,077,145 269,705 62
1,575,286 539,148 2,700 --0-- 14,900 10,000 --0-- --0-- 22,800 10,800 517,400 5,242 15,000 362,140 114,500
3,189,916 1,314,621
84
4,228,792 962,809 35,950 8,000 38,660 10,350 --0-- 6,200 59,250 72,940
1,163,631
--0-- 362,140
15,000 40,000
5,242
30,000
45,000 114,500
203

TUESDAY, JANUARY 18, 1983

137

Authorized Motor Vehicles

20

Section 19. State Board of Education-- Department of Education.

A. Budget Unit: Department of Education ............................. $1,370,824,749

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

4,292,278 715,711 252,543 ---0-- 216,533 15,850 158,280 119,980 189,813 3,250
5,964,238
51,000 3,355,344
168

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

280,436 24,635 4,725 ---Q--
1,600 825
--0-- 5,695 348,670 666,586 663,006
2

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

2,941,849 262,501 181,390 --0-- 54,990 6,935 146,498 87,930
2,240,688 11,870
5,934,651

138

JOURNAL OF THE SENATE

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
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
7. Certification of Public School Personnel Budget:
Personal Services........................ $

2,004,355 101
954,829 165,645 13,875 12,000
6,200 123,065 41,760 180,000 11,710 1,509,084 787,711
42
1,012,829 286,501 45,130 --0-- 18,156 56,586 67,900 31,100 217,000
1,735,202 1,185,109
32
4,605,748 219,669 218,441 --0-- 178,466 6,250
1,148,350 261,670 113,630 591,845 6,895
7,350,964 289,000
4,578,931 191
540,305

TUESDAY, JANUARY 18, 1983

139

Regular Operating Expenses ............... $ Travel .................................$ Motor Vehicle Equipment Purchases ........ $ Publications 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 .................. $ 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 ...................... $

27,200 500
--0-- 5,000 7,500
17,820
598,325 569,188
31
2,160,176 77,845 76,983 ---Q-- 73,590 2,350 140,230 57,858
1,084,191 3,673,223 2,977,055
68
57,065 6,500 1,800 5,000 --0-- 4,700 2,792 58,803 136,660 116,660
2
83,918 14,160 7,000 --0-- 10,000 2,600 --0-- 7,000

140

JOURNAL OF THE SENATE

Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

3,830 25,000 153,508 --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

222,620 8,585 11,846
20,150 5,930 29,200 298,931 298,931
7

12. Local Programs Budget:

APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2 (Code Section 20-2-157(a)).................. $ 567,789,630 Salaries of Instructional Personnel (Sec. 5) (Code Section 20-2-152) .................... $ 98,419,476 Salaries of Instructional Personnel ........................... $ 22,509,945 Salaries of Student Supportive Personnel.................. $ 25,012,012 Salaries of Administrative and Supervisory Personnel ........................... $ 66,613,617 Special Education Leadership Personnel ................. $ 3,160,500 Instructional Media..................... $ 19,834,916 Instructional Equipment................. $ 686,791 Maintenance and Operation.............. $ 92,543,284 Sick and Personal Leave ................ $ 5,509,694 Travel ................................$ 1,007,283 Pupil Transportation .................... $ 83,006,764 Isolated Schools........................ $ 527,073

TUESDAY, JANUARY 18, 1983

141

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

Non-APEG Grants:

Education of Children of

Low-Income Families ................. $ 89,060,791

Teacher Retirement .................... $ 101,717,505

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 ........................... $ 15,114,738

Compensatory Education ................ $ 15,850,399

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

School Lunch (State) ................... $ 14,505,580

Supplementary Education

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

19,256

Staff Development...................... $ 753,500

Supervision and Assessment

of Students and Beginning

Teachers and Performance

Based Certification ................... $ 3,474,755

Special Project Grants .................. $

--0--

Cooperative Educational

Service Agencies ..................... $ 3,719,736

Superintendents' Salaries ................ $ 4,850,714

High School Program ................... $ 26,145,954

Area Vocational-Technical

Schools ............................. $ 56,238,994

Career Education ...................... $ 163,381

Junior College Vocational

Program ............................ $ 2,351,702

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

Comprehensive Employment

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

Vocational Research and

Curriculum.......................... $ 849,980

Adult Education ....................... $ 3,614,899

Salaries and Travel of

Public Librarians..................... $ 4,243,255

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

Talking Book Centers ................... $ 666,258

Public Library Maintenance

and Operation ....................... $ 2,671,286

Public Library Construction ............. $ 400,000

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

Teacher Health Insurance ............... $ 33,701,580

Capital Outlay......................... $ 109,500

142

JOURNAL OF THE SENATE

Grants to Local School

Systems for Educational

Purposes ............................ $ 75,000,000

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

--0--

Salaries of Extended

Pre-School Personnel.................. $ 10,663,648

Chapter II--Block Grant

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

Nutrition Education .................... $

36,000

Total Funds Budgeted .................... $1,604,105,039

State Funds Budgeted .................... $1,354,288,459

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 .................,...............$

17,152,053 1,808,952 814,233 --0-- 575,935 105,096 1,148,350 929,493 488,325 4,965,210 33,725

APEG Grants:

Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) (Code Section 20-2-157(a)).................. $ 567,789,630
Salaries of Instructional Personnel (Sec. 5) (Code Section 20-2-152) .................... $ 98,419,476
Salaries of Instructional Personnel ........................... $ 22,509,945
Salaries of Student Supportive Personnel.................. $ 25,012,012
Salaries of Administrative and Supervisory Personnel ........................... $ 66,613,617
Special Education Leadership Personnel ................. $ 3,160,500
Instructional Media. .................... $ 19,834,916 Instructional Equipment................. $ 686,791 Maintenance and Operation.............. $ 92,543,284 Sick and Personal Leave ................ $ 5,509,694 Travel ................................$ 1,007,283 Pupil Transportation--
Regular............................. $ 83,006,764 Isolated Schools ........................ $ 527,073

TUESDAY, JANUARY 18, 1983

143

Mid-Term Adjustment ....

--0--

Non-APEG Grants:

Education of Children of

Low-Income Families ................. $ 89,060,791

Teacher Retirement .................... $ 101,717,505

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 ........................... $ 15,114,738

Compensatory Education ................ $ 15,850,399

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

School Lunch (State) ................... $ 14,505,580

Supplementary Education

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

19,256

Staff Development...................... $ 753,500

Supervision and Assessment

of Students and Beginning

Teachers and Performance

Based Certification ................... $ 3,474,755

Cooperative Educational

Service Areas ........................ $ 3,719,736

Superintendents Salaries. ................ $ 4,850,714

High School Program ................... $ 26,145,954

Area School Program ................... $ 56,238,994

Junior College Program ................. $ 2,351,702

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

Career Education ...................... $ 163,381

Comprehensive Employment

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

Vocational Research and

Curriculum.......................... $ 849,980

Adult Education ....................... $ 3,614,899

Salaries and Travel of

Public Librarians ..................... $ 4,243,255

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

Talking Book Centers ................... $ 666,258

Public Library M&O ................. $ 2,671,286

Public Library Construction ............. $ 400,000

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

Teacher Health Insurance ............... $ 33,701,580

Capital Outlay......................... $ 109,500

Grants to Local School

Systems for Educational

Purposes ............................ $ 75,000,000

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

---0--

Salaries of Extended

Pre-School Personnel.................. $ 10,663,648

144

JOURNAL OF THE SENATE

Area Vo-Tech School Construction ......................... $
Nutrition Education .................... $ Chapter II--Block Grant
Flow Through ......................... $ Total Positions Budgeted Authorized Motor Vehicles

--0-- 36,000
8,879,225 647 6

B. Budget Unit: Institutions .................. $ 14,692,108

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

2,436,237 258,673 3,200 22,857 2,845 2,520 16,700 9,000 163,165 12,000
2,927,197 2,651,534
149

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

4,334,472 537,319 5,300 5,958 --0-- 17,349 21,285 12,650 306,000 4,000
5,244,333 4,868,390
249

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

1,809,880 181,825 5,843 ---0-- 1,081 36,900 22,626 56,351 110,000 --0--

TUESDAY, JANUARY 18, 1983

145

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

2,224,506 1,961,926
93
2,390,072 671,263 9,630 ---0-- 3,000 244,685 15,265 --0-- 274,480 103,214
3,711,609 2,799,523
104
1,911,919 507,377 12,000 --0-- 1,500 228,430 17,290 11,750 260,000 55,000
3,005,266 2,410,735
90
12,882,580 2,156,457
35,973 28,815 8,426 529,884 93,166 89,751 1,113,645 174,214
685 80

Provided, that none of the State funds appropriated

146

JOURNAL OF THE SENATE

above may be expended to initiate or commence any new program or project which would create a continuing obli gation of the current funds of the State, unless such pro gram or project has been authorized by the General As sembly.
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 bear the pro rata part of the cost of employer contributions 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 emotionally handi capped 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 al lotted to local school systems on the basis of projected miles for mid-day transportation. However, allotments shall not exceed actual cost of midday transportation by the local system.
Provided, however, in order to permit extension of the half-day kindergarten program to a full-day program, local systems may elect to use mid-day transportation al lotments to employ aides or certificated instructional per sonnel on a reimbursable basis to the extent that the $11,491 per unit will allow. Where the transportation al lotment is used to employ additional personnel, reimburs able costs shall include salary, retirement and health in surance where eligible.
Provided, that of any State Funds appropriated to lo cal systems for classroom teacher salaries on the basis of Average Daily Attendance in grades 1 through 7, such teachers shall be used in the school where earned and shall be used only for the purpose of funding regular (general education) classroom teachers in grades where earned.
Provided, that of the above appropriation, relative to special education $30,000 is designated and committed for payment to the Houston County Board of Education for payment to Houston County Speech and Hearing School, and $30,000 is designated and committed for payment to the Houston County Board of Education for payment to Houston County Happy Hour School.

TUESDAY, JANUARY 18, 1983

147

Provided, further, funds appropriated for Mainte nance and Operation, Sick and Personal Leave and In structional Media, for all Special Education Teachers, payments shall not be made until the allotted teaching unit prior to such unit being 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.
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 stu dents in average daily attendance.
Provided, that local school systems, in accordance with State Board policy, may use additional instructional units earned in grades 1-2 to employ either certificated or licensed instructional personnel in those grades. Funding for licensed instructional personnel shall include salaries as provided for in APEG Section 10b(2) (Code Section 20-2-157(b)(2)) and Section 15 (M&O) (Code Section 20-2-160).
Provided, that of the above appropriation for $753,500 for Staff Development, $30,000 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 de velopment 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 202-181(d)(2)) for salaries, funds may be moved between 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 Planning and Budget.
Provided, that of the above appropriation relative to Compensatory Education, $12,265,399 is designated and committed for a compensatory education program for students in grades 3 through 8 and shall be used for re medial 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 lo cal school construction shall be used to complete the

148

JOURNAL OF THE SENATE

funding of those projects for which F.Y. 1983 entitle ments 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 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 pur poses only. These funds will be used for compensatory ed ucation 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 .................................. $ 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
Budget Unit Object Classes:
Personal Services ......................... $ Regular 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

--0--
566,512 14,121 8,400 --0-- 17,600 4,500 166,377 55,535 11,633
390,725 46,360 ---0-- 1,281,763 ---Q--
28
566,512 14,121 8,400 --0-- 17,600 4,500 166,377 55,535 11,633
390,725 46,360 ---0--
28

TUESDAY, JANUARY 18, 1983

149

Authorized Motor Vehicles

Section 21. Forestry Commission.

Budget Unit: Forestry Commission.......... $ 20,823,075

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

928,270 774,345
5,047 12,575 2,325 10,600 --0-- --0-- 10,225 16,560 --0-- 1,759,947 425,107
34

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

15,330,801 3,717,125
87,359
618,275 23,300 913,830 --0-- 10,130 450,000 26,121 60,000 46,468 21,283,409 18,677,409
794

3. General Administration and Support Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ S Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... S

673,583 98,170 15,589 12,815 43,500 2,550 198,867 --0-- 18,200

150

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts Contractual Research ........ Herty Foundation ........... Total Funds Budgeted ....... State Funds Budgeted ....... Total Positions Budgeted
4. Wood Energy Budget:
Wood Energy Program ................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipments Purchases ....... $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Contractual Research ..................... $ Ware County Grant ...................... $ Herty Foundation ........................ $ Wood Energy Program.................... $ Capital Outlay ........................... $ Total Positions Budgeted Authorized Motor Vehicles

5,685 252,000
1,320,959 1,320,559
25
400,000 400,000 400,000
4
16,932,654 4,589,640
107,995 643,665 69,125 926,980 198,867
10,130 478,425 48,366 252,000 60,000
--0-- 400,000 46,468
857 751

It is the intent of this General Assembly that the Forestry Commission have authority to control the appli cation of the Contractual Research funds in the above appropriation.

Section 22. Georgia Bureau of Investigation.
Budget Unit: Georgia Bureau of Investigation........................... $
1. General Administration Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $

16,072,421
510,772 76,919 6,500 --0--
3,400 1,560 6,921

TUESDAY, JANUARY 18, 1983

151

Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Capital Outlay ........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
2. Investigative Division Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ..................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Evidence Purchased ...................... $ Postage .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted
3. Forensic Sciences Division Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
4. Georgia Crime Information Center Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $

31,000 21,370 2,900 5,500 --0-- 666,842 666,842
21
7,081,638 995,298 374,800 514,153 12,100 60,612 --0-- 119,455 221,812 3,000 200,000 6,300 --0--
9,589,168 12,505
9,576,663 241
2,367,112 396,240 23,200 30,000 5,600 76,400 43,041 12,686 77,300 300 19,000 --0--
3,050,879 3,050,879
89
1,811,733 100,000 8,800 --0--

152

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

50,000 21,000 1,718,399 3,600 392,000 40,000 20,000 4,165,532 1,387,495 2,778,037
97
11,771,255 1,568,457
413,300
544,153 71,100 159,572 1,768,361 166,741 712,482 46,200 200,000 50,800 --0--
448 274

Provided, however, that the Department is author ized to use funds, appropriated above for Personal Ser vices, in the Investigative Division, to upgrade one posi tion 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 ...............

891,368 32,500 8,000 --0--
2,000 9,983 17,135

TUESDAY, JANUARY 18, 1983

153

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

52,075 12,100 110,000 1 ,135,161 1 ,135,161
29
891,368 32,500 8,000 ---0-- 2,000 9,983 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....................... $ Governor's Emergency Fund ............... $ Intern Stipends and Travel ................ $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

4,201,541
1,650,237 50,000 40,000
2,000,000 118,500
3,858,737 3,858,737

There is hereby appropriated a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor at his dis cretion in any emergency that he may determine requires expenditure of any part of said fund. Expenditures from this fund shall be made in accordance with other provi sions of State law and the Constitution.
Provided, however, that the listed appropriation shall be increased by the amount incurred in ordering the or ganized 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.

154

JOURNAL OF THE SENATE

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:
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 ...................... $ 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

354,426 8,499 10,500
1,075
20,132 8,172 10,000 412,804 342,804
15
1,650,237 50,000 40,000
2,000,000 118,500 354,426 8,499 10,500
1,075
20,132 8,172 10,000
15 1
6,624,105
480,382 91,800 6,800
33,000
172,476 10,000 68,000 862,458 849,121
13

TUESDAY, JANUARY 18, 1983
2. Council of the Arts Budget:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing .......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ... Art Grants--State Funds ......... Art Grants--Federal Funds........ Art Grants--Donations ........... Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted
3. Educational Development Budget:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ..... Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted
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 .......

155
155,443 8,342 3,060
19,745 5,825 6,500 1,342,806 281,525 20,000 1,847,746 1,546,221
295,320 1,300 5,500 --0--
327 4,000 --0-- 3,500 8,000 317,947 309,771
206,243 2,597 27,000 --0--
9,000
1,000
245,840 245,840
6
596,855 750

156

JOURNAL OF THE SENATE

Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .............$ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted .................. S
6. Human Development Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
7. Office of Consumer Affairs:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing.................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ . Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
8. State Energy Office Budget:
Personal Services......................... $ Regular Operating Expenses .............. $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $

5,500 --0-- 1,200 --0-- 40,000 --0-- 8,000 ---0-- 652,305 635,749
20
362,212 1,300 4,000
4,400
371,912 361,845
11
957,510 32,500 11,000 --0-- 6,000
1,600 6,426 56,062 88,000 4,000 1,163,098 821,198
42
229,162 18,500 27,500 ---0-- 64,500 --0-- 4,000 --0--

TUESDAY, JANUARY 18, 1983

157

Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
9. Governor's Committee on Post-Secondary Education Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
10. Facilities Management Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
11. Physical and Economic Development Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

18,000 3,627,068 3,988,730
160,253 9
119,900 10,675 2,150 ---0-- 8,700 ---0-- 5,200 6,854 1,795 4,050 159,324 159,324
4
107,053 300
5,600 ---0-- 2,000 ---0-- 99,332 --0-- 3,000 35,000 252,285 249,321
3
325,912 2,500 8,000
130
8,000 3,000 347,542 347,542

158

JOURNAL OF THE SENATE

Total Positions Budgeted ..................$
12. General Government and Protection of Persons and Property Budget:
Personal Services ......................... $ Regular Operating Expenses ............... ^ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
13. Consumer's Utility Counsel Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
14. Criminal Justice Coordinating Council Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications 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 ......................... $

11
365,583 1,850 5,800 --0-- --0-- --0-- --0-- --0-- 5,000 --0--
378,233 378,233
11
278,867 11,000 3,000 --0-- 700 --0-- --0-- 15,397 5,900 30,000
344,864 344,864
10
167,104 8,900 8,575 --0-- 4,500 --0-- --0-- 6,875 4,050 14,819
214,823 214,823
5
4,647,546

TUESDAY, JANUARY 18, 1983

159

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

192,314 123,485
--0-- 125,100
2,057 158,958 277,409 174,470 3,801,437 1,342,806 281,525 20,000
161 0

Provided, however, that of the above appropriation relative to Art Grants--State Funds, not less than 95% of the State-Funded Art Grants is designated and commit
ted for Grants to Counties, Cities and Non-Profit Organi zations in the State of Georgia.

Section 25. Grants to Counties and Municipalities
Budget Unit: Grants to Counties and Municipalities ..................
Grants to Counties ... Total Funds Budgeted State Funds Budgeted
2. Grants to Municipalities .................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Budget Unit Object Classes:
Grants to Counties ...... Grants to Municipalities .

6,800,000
2,600,000 2,600,000 2,600,000
4,200,000 4,200,000 4,200,000
2,600,000 4,200,000

Provided, that the above sums shall be distributed and disbursed to the various counties and municipalities on a quarterly basis, such payments to be made on the last day of each calendar quarter.

Section 26. Department of Human Resources.
A. Budget Unit: Departmental Operations ................

$ 230,358,117

160

JOURNAL OF THE SENATE

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

14,778,693 2,615,081
539,793
--0-- 122,032 92,466 1,149,053 2,702,726 540,440 944,519 153,200 536,700
--0-- 24,174,703
638,212 --0--
11,697,024
1,159,395 10,680,072
680 7

General Administration and Support Functional Budgets

Total Funds

State Funds

Pos.

Commissioner's Office ... $ 523,208

$ 523,208

13

Child Care Licensing .... $ 1,280,889

1,280,889

55

Laboratory Improvement . $ 520,213

428,713

19

Child Support Recovery . . $ 7,244,277

626,259

306

Contract Management . . $ 184,682

184,682

7

Public Affairs........... $ 357,088

357,088

12

Office of Administrative

Appeals. ............. $ 766,150

766,150

27

Health Care Facilities

Regulations........... $ 1,671,607

577,607

60

Radiological Health .... $ 431,741

431,741

16

Administrative Policy,

Coordination and

Direction............. $ 2,493,745

$ 2,493,745

4

Personnel .............. $ 1,049,555

$ 986,555

45

Administrative Support

Services.............. $ 1,895,829

$ 1,667,474

52

Office of Review and

Investigation .......... $ 1,393,164

$ 325,234

44

Systems Planning,

Development and

Training ............. $ 278,750

278,750

Compliance Monitoring . . $ 221,764

221,764

Electronic Data Processing,

TUESDAY, JANUARY 18, 1983

161

Planning and

Coordination ..........$ 385,116

$ 91,000

0

Facilities Management ... $ 2,983,490

$ 2,305,920

8

Regulatory

Services--Program

Direction and Support . $ 267,831

$ 267,831

8

MH/MR Advisory Councils

44,814

$ 44,814

1

Council on Family

Planning ............. $

14,800

$

1,500

0

Developmental Disabilities $ 291,016

$

--0--

9

Council on Maternal and

Infant Health......... $

97,410

$ 97,410

3

Community and

Intergovernmental AffairsS 266,396

$ 266,396

8

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

--0--

$ (2,904,203)

0

Undistributed ........... $ (488,832)

(640,455) (33)

Total ..................$ 24,174,703

$ 10,680,072

680

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

5,448,562 141,384 181,750
101,400 3,800 1,000 11,620
100
359,000 6,272,391
496,405 1,874,870 3,901,116
240 0

Financial Management Functional Budgets

Fotal Funds

Budget Administration . . $ 1,622,575

Accounting Services ..... $ 3,250,081

Auditing Services ....... $ 1,806,169

Indirect Cost ......

$

Undistributed ...... .. $ (406,434)

Total ............. ..... $ 6,272,391

State Funds

Pos.

1,622,575

40

3,250,081

160

1,806,169

61

(2,371,275)

0

(406,434) (21)

3,901,116

240

162

JOURNAL OF THE SENATE

3. Special Programs:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$
Motor Vehicle Equipment Purchases ............................ $
Publications and Printing ................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommuniations ....................... $ 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 DO AS Services Funding ...........$ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

2,655,625 13,778,315
125,227
--0-- 86,696 7,296 266,082 57,600 75,250 34,007,605 275,000
204,250 --0-- 37,000
640,000 52,215,946
15,873,000 44,143
30,422,652 5,876,151
122 111

Special Programs Functional Budgets

Total Funds

State Funds

Pos.

State Economic Opportunity

Office................ $ 249,350

$ 123,675

8

Human Development,

Director's Office....... $ 690,084

$ 690,084

24

Child Development

Administration ........ $ 997,993

$ 271,693

35

Child Development

Contracts--

Foster Care .......... $ 290,736

14,336

0

Special Projects ......... $ 597,900

597,900

0

Child Development

Contracts--

Day Care ............ $ 19,435,297

$ 2,595,797

Child Development

Contracts--

Home Management. ... $ 158,281

20,733

Child Development

Contracts--

Outreach. ............ $ 758,510

109,558

0

Information and Referral . $ 325,340

325,340

0

Troubled Children Benefits $ Council on Aging ....... $

915,000 45,102

915,000

0

45,102

1

TUESDAY, JANUARY 18, 1983

163

Energy Assistance . . . Social Services Grant
Administration .... Community Services . Undistributed ....... Total ..............

$ 17,320,000
1,082,489 9,712,000 (362,136) 52,215,946

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

423,446

36

--0--

15

(256,513)

(3)

5,876,151

122

2,431,493

$ 120,490

$

49,200

$

$

50,800

$

454

$ 357,368

$

$ 193,200

$ 119,025

$

$

1,450

$ 3,323,480

$ 539,568

$ 135,000

$ 2,648,912

112

0

Public Health--Program Direction and Support Functional Budgets

Total Funds

State Funds

Pos.

Director's Office. ........ $ 580,494

$ 401,494

8

Employee's Health ...... $ 257,310

$ 222,310

9

Primary Health Care .... $ 215,263

$ 212,063

7

Health Program

Management ......... $ 631,544

$ 546,544

26

Vital Records ........... $ 981,123

$ 966,123

53

Health Services Research . $ 675,557

$ 318,189

14

Unidistributed .......... $ (17,811) $ (17,811)

(5)

Total .................. $ 3,323,480

$ 2,648,912

112

5. Public Health--Family Health Budget:

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

5,636,417 1,966,634
221,400
--0-- 125,199
6,780

164

JOURNAL OF THE SENATE

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

122,703 3,500
40,500 6,441,182
--0-- 16,850
3,879,000 3,163,500
577,500 1,985,000
100,000
25,000
40,000
111,000
200,000 40,000 226,530 24,928,695 11,350 11,003,161 13,914,184
215 4

Public Health--Family Health Functional Budgets

Family Health Management ........
Cancer Control ........ Crippled Children ...... Immunization .......... Maternal Health ....... Sexually Transmitted
Diseases ............ Infant and Child Health Diabetes .............. Chronic Disease........
Coordination, Education, Prevention...........
Malnutrition........... Stroke and Heart Attack
Prevention........... Family Planning ....... Epidemiology ..........

Total Funds
6,215,161 2,621,844 4,616,492
270,153 242,303
204,700 4,587,077
225,113 1,542,230
653,720 591,500
156,663 858,939 983,702

State Funds

Pos.

573,302

23

2,383,844

6

2,480,740

55

10

6

204,700

6

4,473,146

15

76,011

5

1,542,230

22

10
18

156,663

6

55,133

14

825,517

10

TUESDAY, JANUARY 18, 1983

165

Dental Health .......... $ 136,969

$ 136,969

Community Tuberculosis

Control .............. $ 1,077,229

$ 1,069,029

24

Undistributed ......... $ (55,100) $ (63,100) (19)

Total .................. $ 24,928,695

$ 13,914,184

215

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

2,996,260 454,300 40,900 --0-- 43,400 58,365 --0-- --0-- 5,000 681,047 --0-- 13,300
4,292,572 4,000
727,772 3,560,800
137 1

Public Health--Community Health Functions Budgets

Total Funds

State Funds

Pos.

Occupational and

Radiological Health ... $ 775,817

$ 233,045

6

Laboratory Services. ..... $ 3,245,724

$ 3,070,724

126

Emergency Health....... $ 617,900

$ 544,900

16

Undistributed ........... $ (346,869) $ (287,869) (ID

Total .................. $ 4,292,572

$ 3,560,800

137

7. Public Health--Local Services Budget:

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

12,914,421 23,263,300
479,445
--0-- 30,944 14,529 386,635 195,920 154,040 9,933,592 7,050 32,150

166

JOURNAL OF THE SENATE

Contract--Macon-Bibb County Hospital Authority ...................
Grant to Counties for Metabolic Disorders Screening and Treatment..............
Family Planning Benefits ........ .y. ......
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-In-Aid to Counties.......
Total Funds Budgeted .........
Indirect DOAS Services Funding
Agency Funds ................
State Funds Budgeted .........
Total Positions Budgeted
Authorized Motor Vehicles

$ 2,000,000
45,000 75,000
175,000
1,364,000
250,000
3,600,000 30,456,391 85,377,417
129,350 41,870,321 43,377,746
540 2

Public Health--Local Services Functional Budgets

Total Funds

Minimum Foundation .... $ 6,798,353

Grant-In-Aid to Counties . $ 30,279,920

Stroke and Heart Attack

Prevention ............ $ 1,112,225

Family Planning ........ $ 5,874,494

Sickle Cell, Vision and Hearing .............. $

388,174

Sexually Transmitted Diseases ............. $ 1,102,850

High Risk Pregnant Wome;n and Their Infants ..... $ 4,111,679

Newborn Follow-Up Care $ 298,919

District Dental .......... $ 1,129,230

Teenage Pregnancy Prevention ............ $

250,000

District Crippled Children $ 2,442,330

Emergency Health ....... $ 1,331,886

Primary Health Care .... $ 5,547,982

Malnutrition ............ $ 27,241,886

Undistributed ........... $ (2,532,511)

Total .................. S 85.377.417

State Funds

Pos.

$ 6,537,579

201

$ 28,234,335

0

$ 579,625

20

$ 2,774,494

181

$ 388,174

15

$ 85,000

29

$ 4,111,679

19

$ 298,919

12

$ 919,055

18

$ 250,000

0

$ 1,554,540

36

$ 459,386

10

$ 324,852

10

$

10

$ (3,139,892) (21)

$ 43.377,746

540

TUESDAY, JANUARY 18, 1983

167

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

3,399,602 116,350 91,800 --0-- 70,800 805 743,045 --0-- 219,000 126,000 --0-- 600
4,768,002 15,000
1,000,197 574,220
3,178,585 112

Mental Health--Program Direction and Support Functional Budgets

Total Funds

State Funds

Pos.

Administration.......... $ 3,093,836

$ 2,109,439

63

Special Projects

and Contracts......... $

60,550

$

--0--

2

Program Coordination.... $ 2,364,745

$ 1,820,275

66

Undistributed ........... $ (751,129) $ (751,129) (19)

Total .................. $ 4,768,002

$ 3,178,585

112

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

440,000

168

JOURNAL OF THE SENATE

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

173,400 15,232,840
112,837 514,795 133,362 344,832 17,527,735 5,831,264
1,230,600 10,465,871
0

Purchase of Social Services Functional Budgets

Total Funds

State Funds

Pos.

Work Incentive Benefits . . $ 575,669

$ 57,566

0

Grants to Fulton County for

24-hour Emergency Social

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

$ 173,400

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

$ 215,000

AFDC--Family Foster

Care ................ $ 3,987,620

$ 1,344,645

AFDC--Institutional Foster

Care ................ $ 1,475,840

$ 497,654

0

Specialized Foster Care . . $

53,064

$ 53,064

0

Child Welfare--Family

Foster Care .......... $ 8,457,573

$ 6,971,573

0

Adoption Supplement .... $ 455,945

$ 455,945

0

Non-AFDC Institutional

Foster Care .......... $ 397,950

$ 397,950

0

Liability Insurance ...... $

15,400

$ 15,400

0

Emergency Shelter Care . $ 107,079

$ 107,079

0

Day Care .............. $ 604,300

$ 180,100

0

Psychiatric, Psychological

and Speech Therapy . . . $ 130,000

$ 130,000

Return of

Runaways--County .... $

7,000

$

7,000

Homemaker Projects ..... $ 1,105,826

$ 318,426

Undistributed ........... $ (458,931) $ (458,931)

Total .................. $ 17,527,735

$ 10,465,871

10. Youth Services--Program Direction and Support:

Personal Services ......................... $ Regular Operating Expenses ............... $

769,876 18,000

TUESDAY, JANUARY 18, 1983

169

Travel .................................. $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage ................................. $ Benefits for Child Care ................... $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

20,100 3,500

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

1,001,309 27,800 37,000
--0-- 14,000 1,896 ---0-- 3,100 29,000 20,883,101
60 200 21,997,466
3,368,035 16,904,795 1,724,636
35 224

Services to the Aged Functional Budgets

Total Funds

State Funds

Pos.

Title XX Adult Services

4,083,664

$ 539,062

0

Administration and

Planning ............. $ 2,525,774

$ 384,270

41

Title III Aging Services . . $ 15,488,333

$ 860,463

0

Undistributed ........... $ (100,305) $ (59,159)

(6)

Total .................. $ 21,997,466

$ 1,724,636

35

170

JOURNAL OF THE SENATE

12. Rehabilitation Services-- Program Direction and Support Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ E.S.R.P. Case Services .................... $ Grants for Nephrology Centers ............. $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted .................... $
Total Positions Budgeted

1,396,286 91,694 39,500 --0-- 28,080 --0-- 543,379 --0-- 72,000 257,641 --0-- 2,300 75,000 210,000
2,715,880 --0--
1,690,590 1,025,290
46

Rehabilitation Services--Program Direction and Support Functional Budgets

Total Funds

State Funds

Pos.

Program Direction and

Support .............. $ 2,198,626

$ 821,836

49

Grants Management ..... $ 684,535

$ 370,735

8

Undistributed ...........$ (167,281) $ (167,281) (11)

Total .................. $ 2,715,880

$ 1,025,290

46

13. Rehabilitation Services-- 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 ............................ $

3,360,129 449,536 14,200 12,000 245 10,830 --0-- 154,859 43,600 101,900 83,600 6,250 --0-- --0--

TUESDAY, JANUARY 18, 1983

171

Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

4,237,149 --0--
3,722,192 514,957 156 19

Rehabilitation Services--Facilities Functional Budgets

Total Funds

State Funds

Pos.

Youth Development

Center--V. R. Unit ... $ 367,108

$ 81,248

15

Atlanta Rehabilitation

Center............... $ 1,937,749

$ 430,199

75

Alto Rehabilitation Center $ 322,756

$ 74,193

14

Cave Spring Rehabilitation

Center............... $ 370,533

$ 83,991

18

Central Rehabilitation

Center............... $ 665,094

$ 119,328

26

Georgia Vocational

Adjustment

Center--Gracewood ... $ 358,962

$ 83,362

19

J.F. Kennedy Center .....$ 505,749

$ 88,429

21

M.S. McDonald Evaluation

Center............... $ 190,014

$ 35,023

7

Undistributed ...........$ (480,816) $ (480,816) (39)

Total ..................$ 4,237,149

$ 514,957

156

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

7,359,631 1,711,280
47,680
14,640 22,170 55,290 32,000 ---0-- 149,000 1,051,085 445,600 12,980 575,000 --0-- --0-- 11,476,356 50,000 9,104,800 2,321,556
397 24

172

JOURNAL OF THE SENATE

Roosevelt Warm Springs Rehabilitation Institute-- Functional Budgets

Total Funds Administration .......... $ 4,659,812 Rehabilitation Services ... $ 6,090,226 Instruction ............. $ 449,960 Independent Living ...... $ 569,419 Research/Training....... $ 194,791 Undistributed ........... $ (487,852) Total .................. $ 11,476,356

State Funds

Pos.

$ 1,742,312

126

$ 280,926 255

$ 26,960

17

$ 569,419

22

$ 189,791

5

$ (487,852) (28)

$ 2,321,556

397

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

2,296,466 4,808,545
17,300 36,600 3,300 95,000 --O-- --0-- 23,700 53,000 93,500 4,500 --0-- 7,431,911 7,038,714 393,197
27 14

Georgia Factory for the Blind Functional Budgets

Total Funds

State Funds

Pos.

Operations ............. $ 7,038,714

$

--0--

9

Supervision ............. $ 393,197

$ 393,197

19

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

--0--

$

--0--

(1)

Total ..................$ 7,431,911

$ 393,197

27

16. Rehabilitation Services Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment
Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases .....................$ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $

14,554,854 380,880 449,100
--0-- 13,165 13,543 7,600 626,441 377,100

TUESDAY, JANUARY 18, 1983

173

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

282,833 69,000 83,480
3,645,000 63,000
8,925,000
105,000 136,500 29,732,496 50,000 19,085,419 10,597,077
593 5

Rehabilitation Services Functional Budgets

Total Funds Field Services ...........$ 25,151,718 Comprehensive Services . . $ 222,222 Business Enterprise Vending
Stand Program ........$ 756,097 Special Programs........ $ 3,949,500 Undistributed ........... $ (347,041) Total .................. $ 29,732,496

State Funds

Pos.

$ 6,807,699

654

$ 22,222

7

$ 164,697

17

$ 3,949,500

0

$ (347,041) (85)

$ 10,597,077

593

17. Rehabilitation Services-- Disability Adjudication Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment
Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ Case Services ............................ $ Total Funds Budgeted .................... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted

8,452,799 319,656 22,000
--0-- 51,600 17,460 --0-- 513,685 445,500 431,295 --0-- 155,000 7,000,000 17,408,995 17,408,995 ---0--
408

174

JOURNAL OF THE SENATE

18. Public Assistance Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$
Motor Vehicle Equipment Purchases ............................. $
Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Per Diem, Fees and Contracts ............. $ SSl-Supplement Benefits .................. $ AFDC Benefits .......................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted

--0-- 3,159,468
--0--
--0--
62,160 182,766,550 185,988,178 124,297,228 61,690,950
0

Public Assistance Functional Budgets

Total Funds

State Funds

Pos.

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

$

--0--

0

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

$ 61,628,790

0

SSI--Supplement Benefits $

62,160

$ 62,160

0

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

--0--

$

--0--

0

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

$ 61,690,950

0

19. Local Services--Community Services and Benefits Payments Budget:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment
Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Per Diem, Fees and Contracts ............. $ Local Services Benefits
Payments Grants ....................... $ Grants to Counties for
Social Services ......................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ Social Services
Block Grant Funds ..................... $ State Funds Budgeted .................... $ Total Positions Budgeted

56,492,868
44,376,242 100,869,110 38,955,414
15,409,789 46,503,907
0

TUESDAY, JANUARY 18, 1983

175

Local Services--Community Services and Benefits Payments Functional Budgets

Total Funds

State Funds

Pos.

Local Services--Benefits

Payments Grants ...... $ 56,639,856

$ 28,217,428

0

Grants to Counties for

Social Services........ $ 45,733,194

$ 20,144,433

0

Undistributed ........... $ (1,503,940) $ (1,857,954)

0

Total .................. $ 100,869,110

$ 46,503,907

0

20. Family and Children Services-- Program Direction and Support Budget:

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

8,375,518 329,743 321,570
--0-- 565,950
1,623 5,025,066
178,100 1,032,400 3,185,158
9,200 226,600 19,250,928 10,262,397 540,180
1,297,117 7,151,234
315

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

Total Funds

State Funds

Pos.

Director's Office......... $ 473,004

$ 473,004

8

Research and

Demonstration ........ $

42,614

$ 42,614

3

Program Planning and

Development.......... $ 868,288

$ 868,288

17

Program Management and

Training ............. $ 1,701,602

$ 1,437,900

61

Administration and

Management .........$ 11,744,111

$ 4,324,672

88

Management Information

Systems.............. $ 1,268,307

$ 1,268,307

50

District Program

Operations ........... $ 2,823,157

$ 2,823,157

98

176

JOURNAL OF THE SENATE

District Administration... $ 821,459

$ 821,459

18

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

--0--

$ (4,752,756)

0

Undistributed ...........$ (491,614)

$ (155,411)

(28)

Total ..................$ 19,250,928

$ 7,151,234

315

Budget Unit Object Classes:

Personal Services ......................... $ 97,827,941

Regular Operating Expenses ............... $ 53,752,456

Travel .................................. ^ 2,694,265

Motor Vehicle Equipment

Purchases ............................. $

63,240

Publications and Printing .................. $ 1,256,156

Equipment Purchases ..................... $ 376,337

Computer Charges ....................... $ 8,734,331

Real Estate Rentals ...................... $ 4,439,731

Telecommunications ...................... $ 3,420,830

Per Diem, Fees and Contracts ............. $ 78,954,103

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

Postage .........................,.......$ 1,129,460

Capital Outlay........................... $

--0--

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

Grant-In-Aid to Counties.................. $ 30,456,391

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

Grants to Fulton County

for 24-hour Emergency

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

173,400

Benefits for Child Care ................... $ 15,872,840

Homemaker Meals ....................... $

112,837

Chatham County

Homemaker Project .................... $ 514,795

Douglas County

Homemaker Project .................... $

133,362

Fulton County Homemaker Project ......... $ 344,832

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 ....................... $ 56,492,868

Grants to Counties for Social

Services ...............................$ 44,376,242

TUESDAY, JANUARY 18, 1983

177

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
at Emory ............................. $ Contract--Macon-Bibb County
Hospital Authority ..................... $ Cerebral Palsy Contract ...................$ Grants to Counties for
Metabolic Disorders Screening and Testing .................. $ Total Positions Budgeted

3,645,000
100,000 105,000 359,000 200,000 63,000 40,000 40,000 275,000 204,250 250,000 111,000 2,000,000 136,500
45,000 4,159

Provided, that of the above appropriation, $100,000 is designated and committed for the purchase of clotting factor for the Hemophilia Program and for no other pur pose.
Provided, that of the above appropriation, $100,000 is designated and committed to operate a Hemophilia Program in the Metropolitan Atlanta Area and to oper ate 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 Cardiovas cular Council Stroke-Screening Program.
Provided that no State funds shall be used for adver tising the Food Stamp program or other welfare pro grams unless failure to so apply State funds would cause the loss of Federal funds for programs other than adver tising.

178

JOURNAL OF THE SENATE

Provided that for Fiscal 1983, the following maxi mum benefits and maximum standards of need shall ap ply:

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

Standards of Need $ 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 standard of needs.
Provided, that of the above appropriation, $136,500 is designated and committed to operate the Rome Cere bral Palsy Center.
Provided, however, it is the intent of this General Assembly that no dentist shall be paid at a rate in excess of twenty-five dollars ($25.00) per hour for services ren dered in the District Dental Clinics.
Provided that of the above appropriation relating to Statewide Grants for Pre-natal and Post-natal Care Pro grams, $3,879,000 is designated and committed for a Statewide program of pre-natal and post-natal care, in cluding all hospitals where such program or programs are providing or shall provide such care.
Provided, that of the above appropriation relating to the Public Health--Family Health Activity, $40,000 is designated and committed for a grant to Grady Memo rial Hospital in Atlanta for the purpose of operating a cystic fibrosis program.
Provided, that of the above appropriation, the De partment of Human Resources is authorized to provide treatment for eye disorders, provided that treatment for the disability cannot be obtained from other sources.
Provided, further, that the Department of Human Resources is authorized to make monthly advances to

TUESDAY, JANUARY 18, 1983
Child Care Day Care Centers from funds authorized for this purpose.
Provided further, it is the intent of this General As sembly that AFDC Benefit payments from funds appro priated herein shall be made from the date of certifica tion and not from the date of application.
Provided further, the Department of Human Re sources is authorized to make payments (not to exceed $5,000) to the Georgia Building Authority for the pur pose of maintaining the grounds at the Roosevelt Warm Springs Hospital.
Provided that of the above appropriation relating to the Public Health--Family Health Activity, $50,000 is designated and committed to purchase, lease or otherwise acquire or reimburse for the purchase or lease of equip ment, or purchase or reimburse for the purchase of drugs and medical treatment of persons with Cystic Fibrosis over the age of 21. Funds shall be expended for those per sons qualifying who are not otherwise covered by any other private publicly funded program and are deter mined to need support from the State.
Provided further, the Roosevelt Warm Springs Insti tute for Rehabilitation is authorized to use excess agency income for a repair and maintenance program.
B. Budget Unit: State Health Planning and Development....................... $
State Health Planning and Development Budget:
Personal Services ......................... $ Regular Operating Expenses ...............$ Travel .................................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges .......................$ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage ..............................$ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles
Budget Unit Object Classes:
Personal Services......................... $ Regular Operating Expenses ............... $

179
444,195
562,886 51,000 4,181 2,000 --0-- 15,000 80,200 24,800 69,939 6,600 816,606 --0-- 372,411 444,195
21 0
562,886 51,000

180

JOURNAL OF THE SENATE

Travel ..................................$ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage ................................. ^ Total Positions Budgeted Authorized Motor Vehicles

4,181 2,000 --0-- 15,000 80,200 24,800 69,939 6,600
21 0

C. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions ............................ $ 261,698,125

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

8,694,011 1,025,791
4,972
11,500 4,000 50,016 93,000 --0-- 95,000 240,000 300,000 9,150 387,000 211,816 11,126,256 1,127,858 65,900 9,932,498
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 ...................... $

10,907,533 1,407,058
6,960
--0-- 9,100 46,740 133,000 --0-- 121,000

TUESDAY, JANUARY 18, 1983

181

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

302,130 444,000
11,000 228,844 513,000 14,130,365 2,047,341 102,100 11,980,924
621 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

8,786,324 803,354 5,810
--0-- 1,900 33,529 133,000 --0-- 106,250 144,595 377,000 6,900 500,000 --0-- 10,898,662 1,039,400 93,300 9,765,962
500 22

4. West Central Georgia Regional Hospital Budget:

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

7,339,894 847,500 5,280 ---0-- 5,620 13,111 98,202 --0-- 90,000 41,000 371,000 12,500 666,500 25,000

182

JOURNAL OF THE SENATE

Total Funds Budgeted .................... $ Agency Funds ........................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

9,515,607 1,415,800
82,300 8,017,507
414 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 ...................... $ Telecommuniations ....................... $ 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

11,065,338 1,189,133
4,952 --0-- 1,000 44,900 140,080 --0-- 96,000 36,600 1,073,210 9,125 355,238 883,500 14,899,076 3,293,230 93,300 11,512,546
676 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 Authorized Motor Vehicles

26,803,826 2,585,007
4,690
--0-- 6,587 110,556 93,000 --0-- 265,000 119,000 1,475,000 10,875 756,715 32,230,256 11,816,948 160,400 20,252,908 1,669
111

TUESDAY, JANUARY 18, 1983

183

7. Southwestern State Hospital Budget:

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

18,214,452 1,849,395
7,240
13,409 4,500 71,978 150,000 --0-- 143,000 234,000 737,000 15,500 16,799 21,457,273 6,862,722 98,800 14,495,751 1,142
53

8. Georgia Retardation Center Budget:

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

15,245,612 2,439,798
5,120
15,416 6,750 105,933 154,300 --0-- 169,200 139,870 1,056,500 12,680 794,000 50,000 20,195,179 8,107,324 109,800 11,978,055
916 39

9. Georgia Mental Health Institute Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$

9,150,031 1,065,847
5,560

184

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

--0--
4,600 51,193 152,000 --0--
172,000 650,915 1,251,000
8,300 --0--
52,470 12,563,916 1,249,825
202,100 11,111,991
503 20

10. Central State Hospital Budget:

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

Regular Operating Expenses .......... ..... $

Travel ............................. ... $

Motor Vehicle Equipment

Purchases ........................ ..... $

Publications and Printing ............. ..... $

Equipment Purchases ................

$

Computer Charges .................. . $

Real Estate Rentals ................. ..... $

Telecommunications ................. ... $

Per Diem, Fees and Contracts ........

$

Utilities ............................ ..... $

Postage ............................

$

Authority Lease Rentals ............. ..... $

Capital Outlay ...................... .. $

Total Funds Budgeted ............... ... $

Agency Funds ...................... ..... $

Indirect DOAS Services Funding ...... ..... $

State Funds Budgeted ............... ..... $

Total Positions Budgeted

Authorized Motor Vehicles

68,985,530 9,036,690
8,961
23,140 11,965 118,385 635,716 --0--
461,900 211,375 4,133,416 40,000 787,875 792,198 85,247,151 21,761,307 617,000 62,868,844
4,068 215

1 1 . State Youth Development Centers Budget:

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

Regular Operating Expenses .......... ..... $

Travel ............................. ..... $

Motor Vehicle Equipment

Purchases ........................

$

Publications and Printing ............. . . $

Equipment Purchases ................ .. $

Computer Charges .................. ..... $

12,229,574 1,433,500
7,000
70,000 3,200
146,623 --0--

TUESDAY, JANUARY 18, 1983

185

Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities.. ...............................$ Postage ...............................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

--0-- 100,000 128,708 750,000 19,500 254,089 15,142,194 310,160 14,832,034
712 103

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

6,630,572 848,150 11,000
30,085 3,000 42,948 --0-- --0-- 57,500 68,550 500,000 9,700 20,264 --0--
2,218,125 10,439,894
253,000 10,186,894
414 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....................

1,341,557 442,379
27,352
20,409 4,000
20,500
71,300
27,100
181,150
15,300

186

JOURNAL OF THE SENATE

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 .................... $
Grant for DeKalb County Mental Retardation Project.............. $
Grant for Chatham County Mental Retardation Project .............. $
Total Funds budgeted .................... $ Social Services
Block Grant Funds ..................... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

1,775 --0-- 864,970
46,981,263
549,000 1,410,454 3,954,189
514,000
57,987,328 263,807 163,332 229,819
268,365 2,397,311
2,792,905
8,203,953
51,000
49,000 135,833,518
33,285,893 47,978,476 54,569,149
371 803

Community Mental Health/Mental Retardation Services Functional Budgets

Total Funds Mental Health Community
Assistance............ $ 5,507,730 Outdoor Therapeutic
Program ............. $ 732,649 Mental Retardation
Community Assistance . $ 1,515,141 Central Pharmacy ...... $ 107,844 Metro Drug Abuse Centers $ 1,123,628 Day Care Centers for the
Mentally Retarded ... $ 47,530,263 Supportive Living ....... $ 5,364,643

State Funds

Pos.

$ 5,450,830

218

$ 732,649

35

$ 1,515,141

64

$ 107,844

3

$ 490,538

45

$ 10,997,370

0

$ 3,134,643

0

TUESDAY, JANUARY 18, 1983

187

Georgia State Foster

Grandparent/Senior

Companion Program ... $ 514,000

$ 514,000

0

Community Mental

Retardation Staff. .....$ 2,792,905

$ 2,071,189

0

Community Mental

Retardation Residential

Services.............. $ 8,203,953

$ 6,229,232

0

Group Homes for Autistic

Children ............ $ 268,365

$ 268,365

0

Project Rescue.......... $ 263,807

$ 100,807

0

Drug Abuse Contracts ... $ 864,970

$ 19,332

0

Project ARC ........... $ 163,332

$ 163,332

0

Project Friendship....... $ 229,819

$ 229,819

0

Community Mental Health

Center Services ....... $ 57,987,328

$ 20,368,447

0

Uniform Alcoholism

Projects .............. $ 2,397,311

$ 2,175,611

0

Central Laboratory ...... $ 165,830

$

--0--

6

Grant for DeKalb County

Mental Retardation

Project .............. $

51,000

$

--0--

0

Grant for Chatham County

Mental Retardation

Project............... $

49,000

$

--0--

0

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

--0--

$

--0--

0

Total ..................$ 135,833,518

$ 54,569,149 371

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

8,284,384 986,644 342,480 24,750 3,750 6,604 --0-- 269,900 208,500 --0-- 30,200 20,850 15,000
10,193,062 10,193,062
412 19

Community Youth Services Functional Budgets

Total Funds

State Funds

Pos.

Group Homes. .......... $ 418,550

$ 418,550

19

Community Detention.... $ 971,694

$ 971,694

17

Day Centers............ $ 546,140

$ 546,140

24

188

JOURNAL OF THE SENATE

Community Treatment

Centers ..............$ 1,762,234

$ 1,762,234

77

Court Services .......... $ 5,893,994

$ 5,893,994

257

Runaway Investigations . . $ 357,250

$ 357,250

15

Interstate Compact ...... $

70,700

$ 70,700

3

Purchased Services ...... $ 172,500

$ 172,500

0

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

--0--

$

--0--

0

Total .................. $ 10,193,062

$ 10,193,062

412

15. Regular Operating Expense Reserve Budget:

Regular Operating Expense ................ $ Total Funds ............................. $ State Funds ............................. $

--0-- --0--- --0--

Budget Unit Object Classes:

Personal Services ......................... $ 220,678,638

Regular Operating Expenses ............... $ 25,960,246

Travel..................................$ 447,377

Motor Vehicle Equipment

Purchases ............................. $ 208,709

Publications and Printing .................. $

69,972

Equipment Purchases ..................... $ 863,016

Computer Charges ....................... $ 1,782,298

Real Estate Rentals ...................... $ 341,200

Telecommunications ...................... $ 2,112,450

Per Diem, Fees and Contracts ............. $ 2,497,893

Utilities............. .................... $ 12,513,626

Postage ................................. $ 187,855

Capital Outlay........................... $ 2,763,433

Authority Lease Rentals .................. $ 4,531,875

Grants to County-Owned

Detention Centers ...................... $ 2,218,125

Reserve for Athens RYDC ................ $

--0--

Drug Abuse Contracts .................... $ 864,970

Day Care Centers for the

Mentally Retarded ..................... $ 46,981,263

MR Day Care Center Motor

Vehicle Purchases ...................... $ 549,000

Supportive Living Staff ................... $ 1,410,454

Supportive Living Benefits ................. $ 3,954,189

Georgia State Foster

Grandparent/Senior

Companion Program .................... $ 514,000

Community Mental Health

Center Services ........................ $ 57,987,328

Project Rescue ........................... $ 263,807

Project ARC ............................ $ 163,332

Project Friendship ........................ $ 229,819

Group Homes for

Autistic Children ....................... $ 268,365

Uniform Alcoholism Projects............... $ 2,397,311

TUESDAY, JANUARY 18, 1983

189

Child Care Benefits ......... Community Mental
Retardation Staff. .......... Community Mental Retardation
Residential Services ...... Grant for DeKalb County
Mental Retardation Project Grant for Chatham County
Mental Retardation Project. . Total Positions Budgeted Authorized Motor Vehicles

15,000
2,792,905
8,203,953
51,000
49,000 12,915 1,546

Provided, that of the above appropriation relating to Community Mental Health Centers, agency income, ex cluding 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 col lections. Surplus above this limitation shall revert to the State and local governments on a pro rata basis based on contribution of said governments to the program.
Provided, that of the above appropriation relating to Community Mental Retardation Residential Services, 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 re duce the State cost of the program.
Provided, that of the above appropriation relating to Community Mental Health Centers, private gifts and do nations, as well as proceeds of local fund raising activi ties, shall not be required to be budgeted to the Depart ment or to the Office of Planning and Budget.
Provided that the Department is given the flexibility in the Community Mental Retardation Residential Ser vices Program to use benefits to contract with private home providers for service or to provide small group liv ing situations or semi-independent living situations for clients; and further provided that these residential ser vices are available to clients residing in the community as well as those returning to their communities from the in stitution.
Provided that Community Mental Health Centers shall provide services to clients living within the geo graphic 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 other wise eligible to receive services.
Provided, that of the above appropriation relating to Supportive Living Benefits, the Department is provided

190

JOURNAL OF THE SENATE

the flexibility to contract with private homeproviders for services in the home and/or to provide small group resi dences 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 .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted ................... $ Total Positions Budgeted

8,551,453
576,523 576,523
16
332,534 4,840 1,842 --0-- 1,600 2,700 3,066 --0-- --0-- 7,923
354,505 354,505
14

TUESDAY, JANUARY 18, 1983

191

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--Energy
Conservation .......................... $ 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 ........

635,960 69,475 65,000 --0-- 189,500 5,355 22,400 --0-- --0-- 60,480
40,000 1,088,170 1,088,170
26
1,418,814 328,755 31,261 --0-- 12,000 14,605 ---0-- --0-- 13,924 4,450
5,885 95,000 1,924,694 1,834,694
94
622,538 206,602
13,000 47,050 35,000
808 860 207,529 115,600
17,000
140,000
2,605,000

192

JOURNAL OF THE SENATE

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 ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts .............$

1,000,000
25,000 25,000 10,000
103,000
--0--
14,950
80,000 5,268,937 3,156,803
23
503,642 44,430 72,500 --0-- 10,000
3,010 20,000 45,000 24,926 74,250 797,758 797,758
15
743,000 743,000 743,000
0
4,023,759 664,407 221,103 47,050 253,500 27,025 58,826 252,529 154,450 164,103

TUESDAY, JANUARY 18, 1983

193

Postage ................................. $ Capital Outlay--
Energy Conservation .................... $ 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

140,000
5,885 95,000 743,000
2,605,000
1,000,000
40,000
25,000 25,000 10,000
103,000
--0--
14,950
80,000 188 21

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

2,908,739 1,131,376
24,000 ---0-- 21,000 40,000
600 --0-- 60,840 131,880 765,972 5,084,407 --0--
120

2. Georgia Ports Authority Budget:

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

23,953,056 7,870,228
435,207
472,080 108,108

194

JOURNAL OF THE SENATE

Equipment Purchases ..................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Repayments for Previous
Capital Improvement Funding. ........... $ 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

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 Previous
Capital Improvement Funding. ........... $ Other Debt-Service Payments ............. $ Capital Outlay--Internal
Operations ............................ $ Atlanta Convention and
Visitors Bureau ........................ $ Total Positions Budgeted Authorized Motor Vehicles

26,861,795 9,001,604
459,207
472,080 129,108 3,876,805 457,742 99,403 363,800 1,343,462
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, pro vided that budget amendments reflecting such proposed applications are provided to the Office of Planning and Budget and the Legislative Budget Office at least two weeks prior to such application of funds.
It is the intent of this General Assembly that to the greatest extent feasible, the Georgia Ports Authority util ize existing surplus funds for payments to bond trustees for unmatured issues.

TUESDAY, JANUARY 18, 1983

195

Section 28. Department of Labor.

A. Budget Unit: Inspection Division

738,242

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

648,000 10,200 60,751
5,000
7,591 6,500
200 738,242 738,242
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 ............. $ Total Positions Budgeted

648,000 10,200 60,751
5,000
7,591 6,500
200 28

B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training ..........

$ 3,098,353

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......................

$ 36,084,909 $ 2,396,700 $ 1,045,437

$

$

10,600

$ 1,005,000

$ 1,038,000

$ 1,092,096

$ 948,000

$ 1,150,000

$ 600,000

$

196

JOURNAL OF THE SENATE

Total Funds Budgeted .................... $ 45,370,742

State Funds Budgeted .................... $ 1,274,308

Total Positions Budgeted

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

1,650,000 41,700 20,245 --0-- 250 250 3,600 59,000 39,000 10,000
1,824,045 1,824,045
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 ...................... $ Per Diem, Fees and
Contracts (CETA) ..................... $

45,977,409 3,277,600 1,186,682
--0-- 16,850 1,092,250 1,145,600 1,357,096 1,100,000
381,000

TUESDAY, JANUARY 18, 1983

197

Per Diem, Fees and Contracts ............. $ W.I.N. Grants ........................... $ CETA Direct Benefits .................... $ Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles

1,160,000 600,000
34,500,000 --0-- 2,097 6

Section 29. Department of Law
Budget Unit: Department of Law .......... $
Attorney General's Office Budget:
Personal Services ........................ $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Books for State Library ................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Books for State Library ................... $ Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles

4,190,247
3,744,664 169,350 95,000 --0-- 27,710 3,800 9,252 53,000 293,480 87,891 31,800 --0--
4,515,947 4,190,247
116
3,744,664 169,350 95,000 ---0-- 27,710 3,800 9,252 293,480 87,891 31,800 53,000 --0-- 116 1

Provided, however, that of the above appropriation relative to regular operating expenses, $38,000 is desig nated and committed for Court Reporter Fees.

Section 30. Department of Medical Assistance.
Budget Unit: Medicaid Services ............ $ 195,650,757

198

JOURNAL OF THE SENATE

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 .................................$ Audits Contracts ......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

1,665,163 37,593 48,095 --0-- 10,358 3,602 --0-- 59,000 50,320 21,240 950 --0--
1,896,321 897,855 71

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 .................................$ Audits Contracts ......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

1,018,046 62,415 5,640 --^0-- 17,500 1,070 55,000 67,500 25,960 97,080 164,564 235,382
1,750,157 633,838 41

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 ................................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

1,917,643 63,011 37,181
--0-- 34,760
1,811 --0-- 69,600 72,620 8,620,478 --0-- 10,817,104 1,356,581

TUESDAY, JANUARY 18, 1983

199

Total Positions Budgeted

93

4. Operations Budget:

Personal Services.............. Regular Operating Expenses .... Travel ....................... Motor Vehicle Equipment
Purchases .................. Publications and Printing....... Equipment Purchases .......... Computer Charges ............ Real Estate Rentals ........... Telecommunications ........... Per Diem, Fees and Contracts . . Postage ...................... Total Funds Budgeted ......... Indirect DOAS Services Funding Agency Funds ................ State Funds Budgeted ......... Total Positions Budgeted

$ 1,982,708

$ 183,298

$

745

$

$

107,000

$

$ 7,272,035

$

95,600

$

89,700

$

76,000

$ 635,659

$ 10,442,745

$ 1,400,000

$ 7,724,715

$ 1,318,030

109

5. Benefits Payments Budget:

Medicaid Benefits ........................ $ 599,853,503

Payments to Counties

for Mental Health...................... $ 8,898,900

Total Funds Budgeted .................... $ 608,752,403

State Funds Budgeted .................... $ 191,444,453

Total Positions Budgeted

0

Budget Unit Object Classes:

Personal Services ......................... $ 6,583,560

Regular Operating Expenses ............... $ 346,317

Travel ..................................$

91,661

Motor Vehicle Equipment

Purchases ............................. $

--0--

Publications and Printing .................. $ 169,168

Equipment Purchases ..................... $

6,483

Computer Charges ....................... $ 7,327,035

Real Estate Rentals ...................... $ 291,700

Telecommunications ...................... $ 238,600

Per Diem, Fees and Contracts ............. $ 8,814,798

Postage .................................$ 801,173

Medicaid Benefits ........................ $ 599,853,503

Payments to Counties for

Mental Health ......................... $ 8,898,900

Audits Contracts ......................... $ 235,382

Total Positions Budgeted

314

Authorized Motor Vehicles

4

Provided, that any reserve created by the State Au ditor for the payment of Medicaid Benefits can be ex-

200

JOURNAL OF THE SENATE

pended 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 ............. $ 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 ....................... $

4,565,103
875,202 16,490 3,670 --0-- 55,000 5,650
371,153 --0-- 20,260 2,800 75,480
1,425,705 1,425,705
39
481,002 6,160 2,465 --0-- 7,840 --0--
142,387 --0-- 6,530 1,000 2,555
649,939 649,939
19
304,277 8,470 1,025 ---0-- 800 225
185,104

TUESDAY, JANUARY 18, 1983

201

Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ Agency Assessments ...................... $ Total Positions Budgeted
4. Employee Training and Development Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ Agency Assessments ...................... $ Total Positions Budgeted
5. Health Insurance Administration Budget:
Personal Services ......................... $ Regular Operating Expenses ...............$ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases .....................$ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage ................................. $ Total Funds Budgeted .................... $ Other Health Insurance
Agency Funds ......................... $ Employer and Employee
Contributions .......................... $ Total Positions Budgeted
6. Health Insurance Claims Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment
Purchases ............................. $

5,195
1,100 506,196 506,196
13
555,339 29,000 18,765 ---0-- 20,000
2,150 14,237 --0-- 10,720 127,500 3,600 781,311 781,311
23
463,550 11,220 3,595 ---0-- 9,900 225
234,280 23,000 38,485 3,427,270 24,420 4,235,945
--0--
4,235,945 24

202

JOURNAL OF THE SENATE

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 .................... $ Agency Assessments ...................... $ Employer and Employee Contributions ...... $ Deferred Compensation ................... $ Total Positions Budgeted

711,679 16,510 5,475
--0-- 823,444 641,838 152,073 29,533
33

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

294,499 13,825 9,200 --0-- 4,630 --0-- --0-- 178,950 5,385 49,960 3,665
560,114 560,114
8

TUESDAY, JANUARY 18, 1983

203

Budget Unit Object Classes:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment
Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage ................................$ Federal Sub-grants to
State and Local Agencies ............... $ Health Insurance Claim Payments .......... $ Total Positions Budgeted Authorized Motor Vehicles

3,685,548 101,675 44,195
--0-- 106,170
8,265 1,011,156
201,950 101,015 8,287,195 114,150
--0-- 134,990,000
159 0

Provided, that it is the intent of this General Assem bly 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 eligi ble salary for teachers according to the Teacher Salary Index, before the assignment of Required Local Effort.

Section 32. Department of Natural Resources.

A. Budget Unit: Department of Natural Resources ............................. $ 45,271,919

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 .................................$ Payments to Ga. Hazardous Waste
Management Authority ................. $ Payments to Lake Lanier Islands
Development Authority. ................. $ Payments to Jekyll Island St.
Park Authority ........................ $

2,055,248 182,504 18,000 ---0-- 180,290 900 171,325 150,442 70,714 65,500 87,800
76,000
857,115
938,061

204

JOURNAL OF THE SENATE

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

75,000 4,928,899
40,000 4,863,899
81

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

11,858,747 3,111,026
66,810
573,012 66,800 199,197 50,800 42,581 212,587 68,055 62,957
8,000
--0-- 52,150 --0--
238,086
350,000 16,960,808
100,000 13,694,424
477

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 ...,.............................$

8,541,275 3,497,833
72,323
119,947 93,500 217,875 17,220 111,392 226,270 71,436 56,000

TUESDAY, JANUARY 18, 1983

205

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 DOAS Services Funding . State Funds Budgeted .......... Total Positions Budgeted

176,000
1,528,070 300,000 825,000
2,033,000
1,500,000 390,000
186,000 50,000
1,130,000
100,000
21,243,141 100,000
12,546,943 373

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

9,040,513 652,987 235,395
16,029 69,300 29,828 121,750 473,620 174,440 556,421 93,000 1,500,000 3,000,000
250,437
125,000 16,338,720 13,150,420
311

5. Coastal Resources Budget:

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

788,554 188,991
9,000 ---0-- 16,100 2,231 7,894

206

JOURNAL OF THE SENATE

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-- 21,361
1,450 7,639 --0--
2,763 13,000 1,058,983 1,016,233
25

Budget Unit Object Classes:

Personal Services ......................... $ Regular 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 ................. $ Payments to Jekyll Island State Park Authority ................... $ Contract--Special Olympics, Inc. ..................................$

32,284,337 7,633,341
401,528
708,988 425,990 450,031 368,989 778,035 705,372 762,862 307,396
1,500,000 390,000
--0-- 3,000,000 1,500,000
250,437
125,000
8,000 228,150
1,530,833 300,000 75,000
2,033,000 825,000
857,115
938,061
186,000

TUESDAY, JANUARY 18, 1983
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 Outlay-- Consolidated Maintenance .... Technical Assistance Contract. . . Total Positions Budgeted Authorized Motor Vehicles

207
50,000
350,000 76,000 1,130,000
13,000
238,086 100,000
1,267 1,017

Provided, that no land shall be purchased for State park purposes from funds appropriated under this Section or from any other funds without the approval of the State Properties Control Commission, except that land specifi cally provided for in this Section.
Provided, however, that $1,000,000 of the above ap propriation for Water and Sewer Grants shall be availa ble for allotment to counties and municipalities for emer gency type projects, and that $2,000,000 is designated and committed for grants to local governments for water and sewer projects utilizing a maximum State match of 50% of the total cost of each project. Provided, further that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Nat ural 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 Natu ral 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 His toric 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 .................. $

1,553,399 636,896 5,225 32,228 50,000

208

JOURNAL OF THE SENATE

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

116,155
38,820 24,400 731,194

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

2,339,866 1,724,023
18,954 60,000 18,688 203,730 20,000 --0-- 37,978 63,300 --0-- 1,928,061 --0--
40,000 6,454,600
--0-- 162

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

TUESDAY, JANUARY 18, 1983
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

209
3,893,265 2,360,919
24,179 92,228 68,688 319,885 20,000
76,798 163,700 2,659,255
40,000

Section 33. Department of Offender Rehabilitation.

A. Budget Unit: Department of Offender Rehabilitation ......................... $ 119,391,663

1. General Administration and Support Budget:

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

3,333,386 243,043 57,030 --0-- --0-- 19,300 546,104 225,000 170,400 441,363 --0--
5,035,626 415,000
4,620,626 137

210

JOURNAL OF THE SENATE

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

3. Georgia Industrial Institute Budget:

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

Regular Operating Expenses ............... $

Travel ..................................$

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

Publications and Printing .................. $

Equipment Purchases ..................... $

Computer Charges ....................... $

Real Estate Rentals ......................$

Telecommunications ...................... $

Per Diem, Fees and Contracts

.... $

Utilities .................................$

Total Funds Budgeted .................... $

State Funds Budgeted .................... $

Total Positions Budgeted

4. Alto Education and Evaluation Center Budget:

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

1,322,073 64,095 770
111,680 1,530,823 1,530,823
66
5,192,051 272,414 3,000
25,780 30
42,470 2,400 496,500 6,034,645 6,034,645
291
1,305,644 56,130 3,400
4,420
4,000
1,373,594 1,169,668
50

TUESDAY, JANUARY 18, 1983

211

5. Georgia Diagnostic and Classification Center Budget:

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

4,963,685 259,602 1,500 --0-- --0-- 13,915 --0-- --0-- 39,645 3,300 478,000
5,759,647 5,759,647
281

6. Georgia State Prison Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................$ Motor Vehicle Equipment
Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

10,968,282 477,600 6,750
116,000
73,800 63,800 1,200,000 --0-- 12,906,232 35,000 12,846,232
633

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

8,153,979 423,215 10,415
63,194
100,350 15,360
760,450 9,526,963 9,404,083
448

212

JOURNAL OF THE SENATE

8. Middle Georgia Correctional Institution Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................,...............$ Payments to Central State
Hospital for Utilities.................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

10,428,231 417,285 4,000
10,860 129,378
4,800 200,000
680,890 11,931,280 11,931,280
618

9. 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

2,567,133 111,625 1,200
1,105
13,000
229,310 2,923,373 2,923,373
136

10. 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 .................... $

2,355,169 80,590 1,575
5,545
15,750
211,800 2,670,429 2,670,429

TUESDAY, JANUARY 18, 1983

213

Total Positions Budgeted
11. Metro Correctional Institution Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............ $ Utilities.... ............................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
12. Coastal Correctional Institution Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities.... ............................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
13. 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 .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

134
3,023,495 128,063 2,280
8,700 33,000 10,000 209,810 3,421,148 3,421,148
180
2,843,584 129,153 2,100
5,000 37,000 --0-- 208,310 3,225,686 3,155,686
167
169,304 369,355
146,100
684,759 684,759
---0--

214

JOURNAL OF THE SENATE

14. 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............................. Authority Lease Rentals .............. 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

$ 2,835,549

$ 3,732,501

$

60,000

$

$

$ 280,487

$

$

3,000

$

26,270

$

97,000

$

--0--

$ 840,000

$ 264,000

$ 630,000

$ 6,761,625

$ 912,500

$

92,072

$ 500,507

$ 155,000
$ $ 17,190,511 $ 17,010,511
118

15. 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

716,406 182,128 136,347
--0-- 2,600 10,000 --0-- 34,000 16,000 --0-- 18,000 1,115,481 1,115,481
31

16. D.O.T. Work Details Budget:

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

438,695 14,100 --0-- --0--

TUESDAY, JANUARY 18, 1983

215

Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Total Positions Budgeted

--0-- --0-- --0-- --0-- --0-- --0-- --0-- 452,795 -- 0--
27

17. 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

2,835,632 4,549,166
5,950 --0-- --0-- 165,000 --0-- --0-- 9,000 --0-- --0-- --0--
1,929,520
45,000 9,539,268 8,948,084
177

18. 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

639,500 2,885,785
--0-- --0-- --0-- 60,000 --0-- -- 0-- --0-- 49,900 --0-- --0-- 3,635,185 3,605,185
33

216

JOURNAL OF THE SENATE

19. 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 ...... ........................... $ Central Repair Fund ..................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
20. 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
21. 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. ................................ $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

212,694 403,467
1,500 258,000
--0-- 677,084
--0-- 6,000 14,317 15,600 116,774 32,000 1,737,436 1,737,436
136
2,256,923 187,970 4,800
14,000
201,800 32,800 5,800 221,000 --0-- 2,925,093 2,925,093
116
2,846,490 137,333 3,000
350
8,700 20,633 3,200 266,291 3,285,997 3,285,997
245

TUESDAY, JANUARY 18, 1983
22. 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.................... Payments to Jails for State
Prisoner Medical Costs. .... Health Service Purchases..... 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 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..............

217
4,613,247 1,127,927
3,000
219,000 8,557,799 14,611,477 14,611,477
239
74,021,152 16,252,547
308,617
258,000 148,700 1,573,264 546,104 503,090 793,813 764,323 4,727,925
1,929,520
725,890
219,000 264,000 630,000
92,072 6,761,625
912,500
155,000
8,557,799 532,507 840,000 _0_

218

JOURNAL OF THE SENATE

Total Positions Budgeted Authorized Motor Vehicles

4,263 427

It is the intent of this General Assembly that, with respect to the Legal Services Program for inmates, law yers, law students and/or employees be prohibited from soliciting for filing of writs.
It is the intent of this General Assembly that the de partment not start any new community center programs with Federal funds without the prior approval of the Gen eral 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 con struction, the State shall provide no more than fifty per cent 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 ............. $ 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 ............. $

5,735,192
4,988,628 126,737 211,770 92,600 14,500 15,137 6,500 127,620 106,000 37,200 37,200
5,763,892 5,735,192
237
4,988,628 126,737 211,770 92,600 14,500 15,137 6,500 127,620 106,000 37,200

TUESDAY, JANUARY 18, 1983

219

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 .................... Repayment of Prior Year's
Appropriations ................. Capital Outlay................... Total Positions Budgeted Authorized Motor Vehicles
D. Budget Unit: Probation Division Operations ....................
1. Probation Operations Budget:
Personal Services................. Regular Operating Expenses ....... Travel ..........................

37,200
237 15
1,555,907 588,400 39,800 --0-- 369,000 1,800 24,300 41,900 119,100
3,938,000
84,000 --0-- 6,762,207
66
1,555,907 588,400 39,800
369,000 1,800
24,300 41,900 119,100 3,938,000
84,000 --0--
66 16
$ 17,158,608
13,383,097 347,864 295,260

220

JOURNAL OF THE SENATE

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

267,250 201,180
5,500 3,000
160,000 14,713,393 13,985,186
668

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

2,924,551 211,195 16,550
258,310 44,000 170,000
3,688,422 3,173,422
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.................... Per Diem, Fees and Contracts Grants for Independent
Probation Systems......... Total Positions Budgeted Authorized Motor Vehicles

16,307,648 559,059 311,810
114,058
525,560 245,180 175,500
3,000
160,000 825 92

TUESDAY, JANUARY 18, 1983

221

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

47,786,330
310,816 25,009 17,500 16,000 5,000
800 9,250 36,700 18,000 64,400 4,500 507,975 108,488
11
3,612,585 1,268,825
79,702 ---0-- 139,751 6,755 28,280 --0-- 130,000 74,404 40,000 5,380,302 --0-- 5,257,474
173
5,471,030 191,618 2,695 ---0-- 671,000 6,855
2,048,214 6,198 47,200 500
435,000 180,000
--0--

222

JOURNAL OF THE SENATE

Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

9,060,310 1,500,000 7,560,310
308

4. Field Operations Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment
Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage ................................. ^ Capital Outlay........................... $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

25,001,693 4,311,830
14,585
1,138,286 200,000 178,663 --0-- 1,896 250,000 7,900 36,000 --0--
31,140,853 150,000
30,970,903 981

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

648,995 89,082 25,061 22,432 22,163 2,650 41,825 45,000 19,400 23,488 5,579
1,487,274 2,432,949 2,365,514
25

6. Police Academy:

Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals ..............

451,256 122,750
6,300 7,500 8,200 3,480 8,830

TUESDAY, JANUARY 18, 1983
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 ...................... $ Telecommunications ...................... $

223
9,300 74,297 2,400 694,313 671,313
16
277,885 37,775 10,000 17,500 2,800 15,000 58,644 15,182 7,500 75,452 5,500 523,238 478,136
12
114,711 7,362 4,600 7,500 2,000 2,000 --0-- 3,000 3,600 1,000 1,100
146,873 146,873
4
111 ,980 11,882 7,550 7,500 1,200
2,497

224

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $
State Funds Budgeted .................... $ Total Positions Budgeted

15,000 400
158,009
158,009 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

88,320 850
5,601 ---0--
200 600 --0-- --0-- 3,000 6,246 --0-- 104,817 69,310
3 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

36,089,271 6,066,983
173,594
1,216,718 1,052,314
216,803 2,195,043
107,976 490,497 342,687 530,479 180,000 1,487,274
--0-- 1,536 1,099

Provided, that the Director of the Department of Public Safety is hereby authorized to pay dues for Geor gia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the International As sociation of Chiefs of Police (State and Provincial Po lice).

TUESDAY, JANUARY 18, 1983

225

Provided, however, that of the above appropriation for Conviction Reports, payment for conviction reports is not to exceed $.25 per conviction report.
Provided that to the extent that Federal Funds are realized in excess of the amounts of such funds contem plated in the Georgia Peace Officers Standards and Training Activity of this Act, the Office of Planning and Budget is authorized and directed to supplant State Funds appropriated herein. Provided further that such supplantation shall not be implemented if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project grants.
It is the intent of this General Assembly that for the purpose of purchasing Police Pursuit Motor Vehicles, the Department of Public Safety is hereinafter authorized to develop and establish specifications for said purchases of Police Pursuit Vehicles when such purchases are made by the State of Georgia, or otherwise placed a part of a State of Georgia Contract. Provided, further, that the de velopment of said specifications shall be submitted to the Purchasing Division of the Department of Administrative Services by November 1 of each year. Provided, further, the Department of Administrative Services is hereby in structed to complete said specifications and place to bid for the letting of contracts by December 1 of such fiscal year.

Section 35. Public School Employees' Retirement System.

Budget Unit: Public School Employees' Retirement System ..................... $ 11,978,100

Departmental Operations Budget:

Payments to Employees' Retirement System ..................... $
Employer Contributions .................. $ Total Funds Budgeted ................... $ State Funds Budgeted .................... $

160,000 11,818,100 11,978,100 11,978,100

Budget Unit Object Classes:

Payments to Employees' Retirement System ..................... $ 160,000
Employer Contributions ................... $ 11,818,100

226

JOURNAL OF THE SENATE

Section 36. Public Service Commission.
Budget Unit: Public Service Commission ........................... $
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
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

3,749,289
743,959 31,301 8,000 --0-- 1,200 876 --0-- 64,275 27,427 5,500
882,538 881,538
22
1,007,577 138,455 38,079 ---Q-- 9,500 --0-- 45,000 59,029 23,042 ---0--
1,320,682 1,320,682
47
1,337,329 45,275 54,794 --0-- 2,200 3,720 12,000 67,889 32,761 46,302
1,602,270 1,547,069
50

TUESDAY, JANUARY 18, 1983

227

Budget Unit Object Classes:
Personal Services ......................... $ Regular 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

3,088,865 215,031 100,873 --0-- 12,900 4,596 57,000 191,193 83,230 51,802 119 26

Section 37. Regents, University System of Georgia.

A. Budget Unit: Resident Instruction and University System Institutions ..................... $ 516,783,851

1. Resident Instruction Budget:

Personal Services: Educ., Gen., and Dept. Svcs.............. $ 411,480,622 Sponsored Operations ................... $ 56,703,427
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ 102,217,719 Sponsored Operations ................... $ 57,296,573
Office of Minority Business Enterprise ..................... $ 236,882
Special Desegregation Programs ............ $ 256,524 Satellite Medical Facility
Program .............................. $ 500,000 Teachers' Retirement ..................... $ 50,316,904 Authority Lease Rentals .................. $ 16,367,000 Capital Outlay........................... $ 845,000 Total Funds Budgeted .................... $ 696,220,651

Less Agency Funds:

Departmental Income ..................... $ 14,600,000

Sponsored Income ........................ $ 114,000,000

Other Funds............................. $ 119,153,761

Auxiliary Income ........................ $ 2,782,000

Indirect Communication Charges ........... $ 3,027,300

State Funds Budgeted .................... $ 442,657,590

Total Positions Budgeted

16,849

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 contracts as a first charge on such funds.

228

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 appor tionment of funds to the various units of the University System from all funds available in the amounts necessary in the Fiscal Year to pay the annual lease contract com mitments for the acquisition of property as provided for in the provision of the State Constitution. The Board of Regents shall immediately report the same to the State Budget authorities for approval, whose approval shall be evidenced in writing.
Provided, that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution applicable to such salary to the Teachers' Retirement System.
No funds realized by the State Board of Regents of the University System or any college or university, from the State General fund, from the Federal Government, or from any other source, shall be available for use or ex penditure 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 limita tion. Provided, further, that revenue from sales and ser vices 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 As sembly that the 1 '/2% Personal Services continuation fac tor incorporated into the Resident Instruction appropria tion in this Appropriations Act be utilized to provide 2 !/2% merit-type increases.
Provided, the Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment Purchases without approval of the Office

TUESDAY, JANUARY 18, 1983

229

of Planning and Budget or the Fiscal Affairs Sub-Com mittees.

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

566,434

Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

--0-- --0-- 132,376
9,800 689,940
27

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

754,983 675,000
515,000 875,000 2,819,983

Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

--0-- 1,550,000
340,316 --0--
929,667 35

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

352,780 154,750
169,000 120,250 796,780

230

JOURNAL OF THE SENATE

Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted
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 .................... $
Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds, ............................ $ Indirect DOAS Services Funding ...........$ State Funds Budgeted .................... $ Total Positions Budgeted

9,117,265 21,600,000
6,717,254 17,891,438
420,887 55,746,844
--0-- 39,491,438 11,120,624
117,600 5,017,182
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 .................... $

1,026,189 35,000
691,031 15,000
409,557 2,176,777

Less Agency Funds: Departmental Income ..................... $ Sponsored Income ....................... $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

--0-- 50,000 1,209,391 12,200 905,186
37

7. Agricultural Experiment Station Budget:

Personal Services: Educ., Gen., and Dept. Svcs.............. $ 18,241,224 Sponsored Operations ................... $ 3,700,000

TUESDAY, JANUARY 18, 1983

231

Operating Expenses: Educ., Gen., and Dept. Svcs.............. $
Sponsored Operations ................... $ Capital Outlay........................... $ Total Funds Budgeted .................... $

7,378,220 2,000,000
31,319,444

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 18,947,344
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 .................... $

20,691,973 4,590,000
3,108,990 2,010,000 30,400,963

Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

6,600,000 5,205,000
126,700 18,469,263
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 .................... $

44,020,720 2,377,513
19,035,532 611,238
--0-- 66,045,003

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 38,171,156 1,557,624
193,500 22,008,873
2,902

232

JOURNAL OF THE SENATE

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 .................... $
Less Agency Funds: Departmental Income..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted
11. Veterinary Medicine Teaching Hospital Budget:
Personal Services: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Total Funds Budgeted .................... $
Less Agency Funds: Departmental Income..................... $ Sponsored Income ........................ $ Other Funds. ............................ $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted
12. Family Practice Residency Program Budget:
Personal Services: Educ., Gen., and Dept. Svcs. ............. ^
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $
Capitation Contracts for Family Practice Residency............... $
Residency Capitation Grants............... $ New Program Development Contracts
for Family Practice Residency .......... $ Student Preceptorships .................... $ Total Funds Budgeted ................... $

889,749 --0--
376,236 --0--
299,731 --0--
150,000 1,715,716
1,715,716 45
770,416 ---0--
883,567 ---0--
1,653,983
1,318,648 335,335 65
111,268 88,778 1,900,000 1,785,000 150,000 185,000 4,220,046

TUESDAY, JANUARY 18, 1983

233

State Funds Budgeted .. Total Positions Budgeted

$ 4,220,046 4

Provided, that of the above appropriation, $185,000 is designated and committed for contracts with medical schools for a student preceptorship program. Provided, further, that each student participating in the program shall receive $500 and each family physician shall receive $500.

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

574,195 ---0--
292,420 --0--
866,615

Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

493,390
373,225 34

Budget Unit Object Classes:

Personal Services:

Educ., Gen., and Dept. Svcs.............. $ 508,597,818

Sponsored Operations ................... $ 89,835,690

Operating Expenses:

Educ., Gen., and Dept. Svcs.............. $ 141,739,429

Sponsored Operations ................... $ 80,819,499

Office of Minority

Business Enterprise .................... $ 236,882

Special Desegregation Programs ............ $ 256,524

Satellite Medical Facility

Program ............................. $ 500,000

Fire Ant Research ....................... $ 150,000

Agricultural Research..................... $ 720,618

Disease Research......................... $

---0--

Advanced Technology

Development Center .................... $ 409,557

Capitation Contracts for

Family Practice Residency............... $ 1,900,000

New Program Development

Contracts for Family

Practice Residency ..................... $ 150,000

Residency Capitation Grants ............... $ 1,785,000

234

JOURNAL OF THE SENATE

Student Preceptorships .................... $ Teachers' Retirement ..................... $ Authority Lease Rentals .................. $ Capital Outlay--ETMH
Renovations ........................... $ Capital Outlay........................... $ Total Positions Budgeted

185,000 50,316,904 16,367,000
--0-- 845,000 22,144

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 ........ $ 15,142,252

Regents Central Office Budget:

Personal Services ......................... $ Operating Expenses....................... $ SREB Payments ......................... $ Medical Scholarships ..................... $ Regents Opportunity Grants ............... $ Regents Scholarships ..................... $ Grants to Junior Colleges ................. $
Rental Payments to Georgia Military College ....................... $
Central Savannah River Area Business League ....................... $
Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

2,702,870 653,960
4,402,833 547,500 500,000 200,000
5,983,628
190,000
--0-- 15,180,791 15,142,252
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

2,702,870 653,960
4,402,833 547,500 500,000 200,000
5,983,628
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 $776 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student.

TUESDAY, JANUARY 18, 1983

235

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 .................... $
Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services ......................... $ Operating Expenses....................... $ Total Positions Budgeted Authorized Motor Vehicles

3,987,727
2,851,255 --0--
2,965,746 --0--
5,817,001
1,829,274 3,987,727
137
2,851,255 2,965,746
137 14

Section 38. Department of Revenue.

Budget Unit: Department of Revenue ....... $ 34,218,422

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

1,073,353
610,000 96,926 7,150
8,670 17,000 2,335 5,000 --0-- 23,000 3,000
150 1,846,584
--0--

236

JOURNAL OF THE SENATE

State Funds Budgeted .................... $ Total Positions Budgeted
2. Motor Vehicle Administration Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Motor Vehicle Tag Purchases .............. $ Motor Vehicle Decal Purchases ........... $ Postage ................................. $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

1,827,584 32
4,931,372 250,850 2,800 --0-- 416,380 60,400
2,612,918
1,078,000 33,500 --0--
9,471,220 1,316,049 8,155,171
242

Provided, that of the above appropriated amount re lating to motor vehicle tag purchases, $1,078,000 is des ignated and committed for use in contracting with the Department of Offender Rehabilitation for the produc tion 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 .................................$

1,230,931 55,453 74,000 18,900 86,500 1,450 198,693
21,200 145,000

TUESDAY, JANUARY 18, 1983

237

Total Funds Budgeted .................... $ Repayment of Loans to
Counties/Property Revaluation ........... $ 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 ............. $ 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 ...................... $

3,203,127
--0-- 288,400 2,914,727
55
1,480,770 16,704 1,125 ---0-- 70,550 5,140
476,572 --0-- 26,000 --0--
100,500 2,177,361
352,000 1,825,361
83
694,671 5,300 800 --0-- 53,000 1,350
219,811
13,300
988,232 187,375 800,857
36
2,627,127 44,600 1,700 ---0-- 337,250 14,650
2,096,950 --0-- 43,417

238

JOURNAL OF THE SENATE

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 .................................. 3 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 ............. $

296,576 5,462,270 1,533,590 3,928,680
128
2,400,757 14,820
470,500 --0-- 3,200 2,800 4,000 --0-- 19,030 --0-- 75
2,915,182 2,915,182
82
6,664,189 198,365 297,000 31,425 49,200 23,202 96,200 225,165 200,000 --0-- 64,300
7,849,046 167,586
7,681,460 306
1,397,889 148,980 800 --0-- 336,000 21,600 123,604 852,872 13,700 --0--

TUESDAY, JANUARY 18, 1983

239

Postage .................................$ Total Funds Budgeted .................... $
Indirect Georgia Building Authority Rents........................ $
State Funds Budgeted .................... $ Total Positions Budgeted

1,273,955 4,169,400
--0-- 4,169,400
69

Budget Unit Object Classes:

Personal Services ......................... $ County Tax Officials/Retirement
and FICA...................... ....... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment
Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Loans to Counties/Property
Reevaluation .......................... $ Grants to Counties/Appraisal
Staff .................................$ Motor Vehicle Tag Purchases .............. $ Motor Vehicle Decal Purchases ............ $ Intangible Tax Equalization Fund .......... $ Postage .................................$ Total Positions Budgeted Authorized Motor Vehicles

22,501,059
610,000 831,998 855,875
58,995 1,369,080
132,927 5,833,748 1,078,037
444,647 148,000
--0--
1,358,500 1,078,000
33,500 ---0-- 1,748,056 1,033
60

Section 39. Secretary of State.

A. Budget Unit: Secretary of State ............ $ 12,458,314

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

2,727,286 766,096 85,172 12,400 77,820 16,023 95,000 211,144 85,043 298,171 140,000
4,514,155 4,514,155
133

240

JOURNAL OF THE SENATE

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

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 7,294 ---Q-- --0-- 994,741

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

$ $ 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

$

$

$ 5,112,416

2. Securities Regulation Budget:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$

462,192 31,198 7,110

TUESDAY, JANUARY 18, 1983

241

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

3. Corporations Regulation Budget:

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

4. Drugs and Narcotics Budget:

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

19,440 4,000 ---0-- 47,915 17,290 10,982 2,100
400 602,627 602,627
18
546,665 18,204 1,263 --0-- 1 5,539 300 66,803 81,480 32,520 --0-- 36,000
798,774 798,774
31
418,282 34,822 22,550 12,700 300 --0-- --0-- 5,782 7,545 1,745 2,500 506,226 506,226 15
1,931,617 222,077 22,782 ---0-- 14,600 31,465

242

JOURNAL OF THE SENATE

Computer Charges ....................... S Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............ $ 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 .................. S 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 ....................... $

--0-- 30,386 53,201 2,000 20,042 1,276,000 3,604,170 3,566,170
82
572,804 30,227
282 --0-- 110,860
828 12,047 6,085 18,296
200 21,411 773,040 773,040
29
778,065 54,071 4,624 ---0-- 47,663
164 12,000 21,240 22,958
25 24,554 965,364 965,364
35
80,970 3,940 1,730
4,357

TUESDAY, JANUARY 18, 1983

243

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 .........................

Authority Lease Rentals ..........

Total Positions Budgeted

Authorized Motor Vehicles

10,496 2,570 3,860 3,300 111,223 111,223
3
192,664 16,938
315 --0-- 3,000 --0-- --0-- --0-- 4,619
350 2,849 400,000 620,735 620,735
8
7,710,545
177,573
145,828 44,540 278,139 48,780 233,765 383,903 237,734 308,451 400,000 251,056 ,276,000
354 71

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

944,915 513,602

244

JOURNAL OF THE SENATE

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

148,927 12,000 30,832 29,000 2,000 82,800 33,600 15,854 76,300 944,915 944,915
27

Real Estate Commission Functional Budget

Cost of

State Funds

Operations

Pos.

Real Estate Commission. . $ 944,915

$ 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

513,602 148,927 12,000 30,832 29,000
2,000 82,800 33,600 15,854 76,300
27 11

Section 40. Georgia Student Finance Commission.
Budget Unit: Georgia Student Finance Commission ................ $
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 .................... $

14,978,146
1,842,641 150,225 48,400 --0-- 55,000 56,335 --0-- --0-- 62,040 54,500
2,269,141

TUESDAY, JANUARY 18, 1983

245

State Funds Budgeted .................... $ Total Positions Budgeted
2. Higher Education Assistance Corporation Budget:
Payment of Interest and Fees .............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
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
Budget Unit Object Classes:
Personal Services ......................... $ 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 .................. .............. S Total Positions Budgeted Authorized Motor Vehicles

--0-- 89
426,500 426,500 376,500
0
3,151,496 11,100,000 3,977,915
137,050
24,000
42,000 18,432,461 14,601,646
0
1,842,641 150,225 48,400
--0-- 55,000 56,335 ---0-- --0-- 62,040 54,500 426,500 3,151,496 11,100,000 3,977,915
24,000
137,050
42,000 89 1

Provided, that of the above appropriated amount rel-

246

JOURNAL OF THE SENATE

ative to Educational Loans an amount not to exceed $12,000 may be used to provide stipends for training re cruitment, teacher and counselor personnel in health career fields and other fields for which funds are provided herein for the making of cancellable loans to students.
Provided, that the above appropriated amount rela tive to Educational Loans shall otherwise be used to pro vide 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 pursu ant 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 desig nated and committed for the purpose of providing cancel lable loans to students who are eligible members of the Georgia National Guard; (c) an amount not to exceed $360,000 is designated and committed for the purpose of providing cancellable loans to classroom teachers seeking special education training; and (d) an amount not to ex ceed $40,000 is designated and committed for the pur pose of providing cancellable loans to students who are to become agricultural teachers.
Provided, that the above appropriated amount rela tive to Student Incentive Grants provides for payment 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 rela tive to Tuition Equalization Grants provides for payment of grants of $700 per academic year, and for payment of grants for the summer school quarter or semester, to un dergraduate students attending private colleges in Geor gia as provided for in Article 5 of Code Chapter 32-37 (Code Sections 20-3-410 through 20-3-416), and H.B. 589.
Provided, that the above appropriated amount rela tive to North Georgia College ROTC Grants provides for payment of grants to eligible students as provided for in Article 6 of Code Chapter 32-37 (Code Sections 20-3430 through 20-3-436).
Provided, that the above appropriated amount rela tive to Law Enforcement Personnel Dependents' Grants provides for payment of grants to eligible students as pro-

TUESDAY, JANUARY 18, 1983
vided for in Article 7 of Code Chapter 32-37 (Code Sec tions 20-3-450 through 20-3-455).
Provided, that the above appropriated amount rela tive to North Georgia College Military Scholarships pro vides for payment of scholarships to select recipients 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 rela tive 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 spe cial allowances to lenders as provided for in Code Section 32-3313 (Code Section 20-3-272) and Code Section 323710 (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 ............... $

247
804,810
395,955 35,692 39,000 --0-- 10,369
1,300 --0-- 20,385 10,089 115,700 628,490 628,490
12
129,594 12,040

248

JOURNAL OF THE SENATE

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

9,490 12,300
717 --0-- 4,000 3,953 3,200 1,026 176,320 176,320
5
525,549 47,732 48,490 12,300 11,086
1,300 4,000 24,338 13,289 116,726
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 ................................. $ Cost of Living Increases for
Local Retirement System Members. ............................. $ Floor Fund for Local Retirement Systems .................... $ Total Funds Budgeted .................... $

2,139,100
1,368,782 67,915 20,600
__Q__
48,825 8,990 386,935 83,300
44,200
165,360 66,600
792,000
1,347,100 4,400,607

TUESDAY, JANUARY 18, 1983
State Funds Budgeted . . . Total Positions Budgeted
Budget Unit Object Classes:
Personal Services.................. Regular Operating Expenses ........ Travel ........................... Motor Vehicle Equipment Purchases . Publications and Printing........... Equipment Purchases .............. Computer Charges ................ Real Estate Rentals ............... Telecommunications ............... Per Diem, Fees and Contracts ...... Postage .......................... Cost of Living Increases for
Local Retirement System Members Floor Fund for Local
Retirement Systems ............. Total Positions Budgeted Authorized Motor Vehicles

249
2,139,100 62
1,368,782 67,915 20,600
48,825 8,990 386,935 83,300 44,200 165,360 66,600
792,000
1,347,100
62
1

Section 43. Department of Transportation.
Budget Unit: Department of Transportation ......................... $ 412,731,302
1. Planning and Construction Budget:

Personal Services ......................... $ 71,858,748

Regular Operating Expenses ............... $ 4,576,224

Travel ..................................$ 1,040,000

Motor Vehicle Equipment

Purchases ............................. $

--0--

Publications and Printing .................. $ 310,000

Equipment Purchases ..................... $

49,350

Computer Charges ....................... $

--0--

Real Estate Rentals ...................... $

32,915

Telecommunications ...................... $ 985,020

Per Diem, Fees and Contracts ............. $ 5,943,000

Capital Outlay........................... $ 414,787,382

Geodetic Control ......................... $ 295,872

Capital Outlay--Paving

State and Local Schools

and State Institutions ................... $ 750,000

Capital Outlay--Paving State

Parks and Historic Sites. ................ $ 500,000

Capital Outlay--Paving

Farmers Markets........................ $

35,000

Capital Outlay--Railroad

Grade Separation ...................... $

35,000

250

JOURNAL OF THE SENATE

Eugene Talmadge Memorial

Bridge Study .......................... $ 200,000

Total Funds Budgeted .................... $ 501,398,511

State Funds Budgeted .................... $ 182,270,231

Total Positions Budgeted

3,023

2. Maintenance and Betterments Budget:

Personal Services ......................... $ 54,739,110

Regular Operating Expenses ............... $ 37,647,600

Travel ..................................$ 353,350

Motor Vehicle Equipment

Purchases ............................. $

--0--

Publications and Printing .................. $

11,000

Equipment Purchases ..................... $

Computer Charges ....................... $

Real Estate Rentals ...................... $

Telecommunications ...................... $ 131,138

Per Diem, Fees and Contracts ............. $ 1,040,811

Capital Outlay ........................... $ 72,192,197

Total Funds Budgeted .................... $ 166,115,206

State Funds Budgeted .................... $ 163,915,206

Total Positions Budgeted

3,564

3. Facilities and Equipment Budget:

Motor Vehicle Equipment Purchases ........ $ Equipment Purchases ..................... $ Capital Outlay ........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

1,000,000 2,200,000
115,000 3,315,000 3,215,000

4. Assistance to Counties Budget:

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

9,317,013 9,317,013 9,317,013

5. 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 ............. $ Authority Lease Rentals .................. $ State of Georgia General
Obligation Debt Sinking Fund .......... $

7,884,087 886,325 105,000
--0-- 490,528
--0-- 829,527 925,000 233,700 190,000 24,873,157
8,463,166

TUESDAY, JANUARY 18, 1983

251

Total Funds Budgeted .................... $ 44,880,490

State Funds Budgeted .................... $ 39,851,917

Total Positions Budgeted

321

Appropriation of State funds in the foregoing De partment of Transportation budgets shall be in conform ity with and pursuant to Article III, Section X, Para graph 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 imme diately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the Fiscal Division of the Department of Administrative Services in the immediately preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation paya ble in lieu of the amount appropriated herein.
Provided, however, that objects for Activities financed by Motor Fuel Tax including Planning and Con struction, Maintenance and Betterments, Authority Lease Rentals, General Obligation Debt Sinking Fund Pay ments, Administration, and Grants to Counties, may be adjusted for any additional appropriations and/or bal ances 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 De partment 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 Gov ernment, including all cost items incident thereto. For the cost of road and bridge construction and surveys, mainte nance and improving the State Highway System of roads and bridges, and the costs incident thereto provided all expenditures for county contracts 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 Trans portation may add, delete and substitute Federal aid projects to secure the full benefit of the Federal aid pro gram. Provided, further, that in order to meet the re quirements of the Interstate System with regard to com pletion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Office of Planning and

252

JOURNAL OF THE SENATE

Budget is hereby authorized and directed to give ad vanced budgetary authorization for the letting and execu tion of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Ser vices and constitutionally appropriated to the Department of Transportation.
For lease rental obligations of the Department of Transportation to the Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence and for appropriations to the 'State of Georgia General Obligation Debt Sinking Fund' for the specific purpose of paying annual debt ser vice requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transporta tion.
For grants to counties for aid in county road con struction and maintenance to be distributed and dis bursed to various counties of the State by the Fiscal Divi sion of the Department of Administrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage infor mation 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 As sembly that the Department of Transportation is author ized to use interstate rehabilitation funds for four-laning and passing lanes.
Provided that State Funds appropriated for Capital Outlay in the foregoing activities may be used to match additional Federal Aid resulting from the increase in the Federal Motor Fuel Tax.
Appropriations for the foregoing activities include an appropriation that shall be utilized for the specific pur pose and amounts as shown below:

TUESDAY, JANUARY 18, 1983

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 Market ...........

.$

Eugene Talmadge Memorial

Bridge Study ..............

.$

Capital Outlay--Railroad

Grade Separation ..........

.$

253
295,872
750,000 500,000 35,000 200,000 35,000

This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropriations of an amount equivalent to motor fuel tax revenue re quired under Article III, Section X, Paragraph VII, sub section (b) of the State Constitution.
6. 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 author ity, 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 Department 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 dis tributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter.

254

JOURNAL OF THE SENATE

7. 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
8. 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
9. 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 .....................

508,269 456,100
11,000 --0--
200 6,000
__Q__
1
4,610 500
125,000 ,111,680 722,699
16

652,408 48,148 22,100 --0-- 26,000 600 --0-- --0-- 19,140 714,500
$ 700,000
$ 1,000,000
$ 270,000 $ 2,977,940 $ 6,430,836 $ 3,668,236
22

$ 454,000

$

--0--

$ 454,000 $ 454,000

$ 135,642,622 $ 43,614,397 $ 1,531,450
$ 1,000,000

TUESDAY, JANUARY 18, 1983

255

Publications and Printing .................. $ 837,728

Equipment Purchases ..................... $ 2,255,950

Computer Charges ....................... $ 829,527

Real Estate Rentals ...................... $ 957,916

Telecommunications ...................... $ 1,373,608

Per Diem, Fees and Contracts ............. $ 7,888,811

Capital Outlay........................... $ 487,219,579

Mass Transit Grants...................... $ 2,977,940

Grants to Municipalities .................. $ 9,317,000

Harbor Maintenance Payments ............. $ 454,000

Grants to Counties ...................... $ 9,317,013

Authority Lease Rentals .................. $ 24,873,157

Capital Outlay--Airport

Development .......................... $ 700,000

State of Georgia General

Obligation Debt Sinking

Fund .................................$ 8,463,166

Capital Outlay--Airport

Operational Improvements ............... $ 1,000,000

Capital Outlay--Airport

Approach Aid ......................... $ 270,000

Geodetic Control ......................... $ 295,872

Capital Outlay--Paving

State and Local Schools

and State Institutions ................... $ 750,000

Capital Outlay--Paving State

Parks and Historic Sites. ................ $ 500,000

Capital Outlay--Paving

Farmers Markets....................... $

35,000

Capital Outlay--Railroad

Grade Separation ...................... $

35,000

Eugene Talmadge Memorial

Bridge Study .......................... $ 200,000

Total Positions Budgeted

6,946

Authorized Motor Vehicles

4,800

For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety, the provision of air trans portation 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 up grade 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 (Vi) of the Nonfederal share when matching both Federal and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund partici-

256

JOURNAL OF THE SENATE

pation. Provided, further, that the Department of Trans portation is authorized to utilize State Airport Develop ment Funds at 100% of the total cost of an individual airport project for airports owned by the State of Geor gia.
Provided, that $454,000 of the above allocation for harbor maintenance payments is designated and commit ted for payment for harbor maintenance and improve ments at Savannah.
Provided, further, that the Department of Transpor tation is authorized and directed to transfer to Personal Services from other object classes such funds as are re quired to fund the increased Personal Services cost con templated in this Act, subject only to approval by the Of fice 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.

Section 44. Department of Veterans Service.
Budget Unit: Department of Veterans Service ...............................$
1. Veterans Assistance Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles
2. Veterans Home and Nursing Facility-- Milledgeville Budget:
Capital Outlay........................... $ Equipment Purchases ..................... $ Regular Operating Expenses
for Projects............................ $ Operating Expenses/Payments to
Central State Hospital .................. $

11,540,614
3,036,767 72,388 72,200 --0-- 17,000 4,000 --^0-- 136,930 57,250 5,000 30,800
3,432,335 3,186,422
142 1
--0-- 29,983
34,889
7,385,921

TUESDAY, JANUARY 18, 1983

257

Total Funds Budgeted State Funds Budgeted
3. Veterans Nursing Home-- Augusta Budget:
Capital Outlay........................... $ Equipment Purchases ..................... $ Regular Operating Expenses
for Projects. ........................... $ Operating Expense/Payments to
Medical College of Georgia .............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Budget Unit Object Classes:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Outlay........................... $ 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

7,450,793 6,013,423
--0-- 8,959
15,111
3,098,419 3,122,489 2,340,769
3,036,767 72,388 72,200 --0-- 17,000 42,942 --0-- 136,930 57,250 5,000 --0-- 30,800
7,385,921
3,098,419
50,000 142 1

Section 45. Workers' Compensation Board.
Budget Unit: Workers' Compensation Board ...........................
Workers' Compensation Administration Budget:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals ..............

4,257,346
3,049,388 82,191 40,000
34,000 10,800 118,644 365,141

258

JOURNAL OF THE SENATE

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

72,270 37,590 51,800 3,861,824 3,847,324
127
317,198 8,620 10,900
--0-- 2,000 3,305 --0-- 41,553 7,884 12,062 6,500
410,022 410,022
15
3,366,586 90,811 50,900 --0-- 36,000 14,105 118,644 406,694 80,154 49,652 58,300 142 1

Section 46. State of Georgia General Obligation Debt Sinking Fund.
Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) ........

84,339,440

Section 47. 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' mar kets in the Department of Agriculture, and there is hereby appropriated $5,884,000 for the purpose of pro-

TUESDAY, JANUARY 18, 1983

259

viding operating funds for the State physical health labo ratories ($175,000--Budget Unit 'A') and for State mental health/mental retardation institutions ($5,709,000--Budget Unit 'C') in the Department of Human Resources. Provided, further, the Office of Plan ning and Budget is hereby authorized to transfer funds from this section to the Department's budget on a quar terly basis in an amount equal to that which the Depart ment remits to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 48. 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 appropriation to appropriate budget units for the purpose of making such payments.
Section 49. It is the intent of this General Assembly that to the greatest extent feasible, the Georgia Building Authority (Hospital) and Georgia Building Authority (Penal) utilize existing surplus funds for payments to bond trustees for unmatured issues to eliminate the ne cessity of debt-service appropriations in State Fiscal Year 1984 and thereafter.
Section 50. It is the intent of this General Assembly that each and every agency, board, commission and au thority 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, in cluding 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 As sembly that each State agency utilizing xerographic re producing equipment maintain a log for each unit of equipment indicating the date, number of copies and such other data determined appropriate to control the utiliza tion of such equipment. It is the further intent of this General Assembly that each State agency implement pro cedures to control usage of long-distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 51. It is the intent of this General Assembly that to the extent to which Federal funds become availa ble in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been ap propriated to supplant Federal funds, which such sup-

260

JOURNAL OF THE SENATE

planted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio exper ienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
It is the further intent of this General Assembly that the Office of Planning and Budget utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Planning and Budget provide written notice to the members of the Appropria tions Committees of the Senate and House of Represent atives of the instances of noncompliance with the stated intent of this Section.
Section 52. It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each activity contained in this Appropriations Act.
Section 53. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies col lected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 54. No State appropriations authorized under this Act shall be used to continue programs cur rently funded by 100% Federal funds.
Section 55. Provided further that no State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Tele communications Network either directly or indirectly.
Section 56. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby ap propriated payable to each department, agency, or insti tution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal

TUESDAY, JANUARY 18, 1983

261

year addressed 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 rea son any of the sums herein provided under any other pro vision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institu tion involved, an amount sufficient to satisfy such defi ciency in full and the lease payment constitutes a first charge on all such appropriations.
The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the gen eral obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds.
Section 57. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report sub mitted to the General Assembly at the 1983 regular ses sion, 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 ob jects, programs, and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond fiscal year 1983, and provided, further, that no funds whatsoever shall be transferred between objects without the prior approval of at least eleven (11) mem bers 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 de rived. 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, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, ex cept 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 man ner and under the same conditions provided hereinbefore for transfers.

262

JOURNAL OF THE SENATE

To the extent that Activity budget totals are in ex cess of Activity fund availabilities as a result of austerity reductions applied in this appropriations act, it is the in tent of this General Assembly that the budget reductions to eliminate such excesses be applied only to common ob ject classes.

Section 58. Wherever in this Act the term 'Budget Unit Object Classes' is used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit, and shall supersede the object classification shown in the Budget Report for S.F.Y. 1983 submitted to the General Assembly at the 1983 regular session.

Section 59. It is the intent of the General Assembly that for the purposes of this Act,

(1) Authorized motor vehicles are defined as sedans, pick-up trucks, vans, station wagons and any other such vehicles for street and highway use, and

(2) The number of authorized motor vehicles indi cated 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 au thorized in this Act unless specifically approved by this General Assembly.

Section 60. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Section of this Act shall be in excess of the ac tual 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 61. TOTAL STATE FUND APPROPRIA

TIONS

*

State F.Y. 1983 ........................ $

3,634,393,861.

Section 62. This Act shall become effective upon its approval by the Governor or upon its becoming law with out his approval.
Section 63. All laws and parts of laws in conflict with this Act are hereby repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law with out his approval.

TUESDAY, JANUARY 18, 1983

263

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senators Starr of the 44th and Holloway of the 12th offered the following amendment:

Amend the substitute to HB 1 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the State of Georgia General Obligation Debt Sinking Fund (Issued) Budget Unit on Page 214, line 22 in Section 46 the figure $66,000; and by adding to the State funds budgeted for the Department of Human Resources "C" Budget Unit on Page 101, line 10 in Section 26 the figure $66,000; and by increas ing the object classes for the State Youth Development Center Activity as listed below:
Page 108, line 22 and Page 113, line 23, Capital Outlay $66,000; Page 108, line 23, Total Funds Budgeted $66,000; Page 108, line 25, State Funds Budgeted $66,000.

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

Senators Starr of the 44th and Holloway of the 12th offered the following amendment:

Amend the substitute to HB 1 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the State of Georgia General Obligation Debt Sinking Fund (Issued) Budget Unit on Page 214, line 26 in Section 46 the figure $60,000; and by adding to the State funds budgeted for the Department of Public Safety Budget Unit on Page 160, line 31 in Section 34 the figure $60,000; and by increasing the object classes for the Field Operations Activity as listed below:
Page 162, line 20 and Page 166, line 5, Personal Services $60,000; Page 162, line 33, Total Funds Budgeted $60,000; Page 163, line 1, State Funds Budgeted $60,000.

On the adoption of the amendment, the yeas were 48, nays 0, and the amendment was adopted.

The President resumed the Chair.

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

264

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Not voting were Senators Hill, Summers (deceased) and Timmons.

On the passage of the bill, the yeas were 53, nays 0.

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

Senator Starr of the 44th moved that HB 1 be immediately transmitted to the House.

On the motion, the yeas were 38, nays 0; the motion prevailed, and HB 1 was immediately transmitted to the House.

Senator Broun of the 46th introduced Miss Tracy Johnson, State 4-H Club Presi dent, who briefly addressed the Senate.

TUESDAY, JANUARY 18, 1983

265

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

SB 11. By Senators Greene of the 26th, Barnes of the 33rd, Peevy of the 48th and others:
A bill to amend Article 1 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of writings as evidence, so as to expand the type of medical bills which may be identified in evidence by a patient, a member of the patient's family, or other responsible person.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 11:

A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of writings as evidence, so as to expand the type of medical bills which may be identified in evidence by a patient, a member of the patient's family, or other responsible person; to include bills of dentists, chiropractors, orthotists, and applied psychologists; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of writings as evidence, is amended by striking Code Section 24-7-9, relating to identification of medi cal bills, and inserting in its place a new Code section to read as follows:
"24-7-9. (a) Upon the trial of any civil case involving injury or dis ease, the patient or the member of his family or other person responsible for the care of the patient shall be a competent witness to identify bills for expenses incurred in the treatment of the patient upon a showing by such witness that the expenses were incurred in connection with the treatment of the injury, disease, or disability involved in the subject of litigation at trial and that the bills were received from:
(1) A hospital;
(2) An ambulance service;
(3) A pharmacy, drugstore, or supplier of therapeutic or orthopedic devices; or
(4) A licensed practicing physician, chiropractor, dentist, orthotist, podiatrist, or applied psychologist.
(b) Such items of evidence need not be identified by the one who submits the bill, and it shall not be necessary for an expert witness to tesitfy that the charges were reasonable and necessary. However, nothing

266

JOURNAL OF THE SENATE

in this Code section shall be construed to limit the right of a thorough and sifting cross-examination as to such items of evidence."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram

Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton ^toward Hudgins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Brantley.

Those not voting were Senators:

Brown of 47th Fincher

Summers (deceased)

Walker

On the passage of the bill, the yeas were 51, nays 1.

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

TUESDAY, JANUARY 18, 1983

267

SR 6. By Senators Greene of the 26th, Harris of the 27th and Barker of the 18th:
A resolution granting a temporary easement for construction purposes only and a perpetual easement for maintenance and operation of a sanitary sewer line across, over, and under property in Bibb County owned by the State of Georgia.

fhe 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 Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Kennedy Kidd Land Lester

Littlefield McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brown of 47th Bryant

Hudgins McKenzie

Starr Summers (deceased)

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

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

The President introduced Pete Van Wieren, of the Atlanta Braves Baseball organi zation, who introduced to the Senate certain players on the Braves baseball team and other personnel with the Braves Good Will Caravan.

268

JOURNAL OF THE SENATE

The following general bill of the Senate, having been read the third time on Janu ary 17 and postponed until January 18, was put upon its passage:

SB 43. By Senator Timmons of the llth:
A bill to amend Code Section 45-15-70 of the Official Code of Georgia An notated, relating to providing counsel for certain public officials and agen cies, so as to include sheriffs among those for whom counsel may be pro vided under certain circumstances; to provide an effective date.

Senator Timmons of the 11 th offered the following amendment:

Amend SB 43 by striking from lines 10 through 12 of Page 2 the following:
"Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.",
and inserting in its place the following:
"Section 2. This Act shall become effective July 1, 1983."

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

Senator Barnes of the 33rd moved that SB 43 be committed to the Senate Com mittee on Public Safety.

Senator Timmons of the llth moved the previous question.

Senator Barnes of the 33rd moved that SB 43 be placed on the Table.

The President ruled that the motion to table takes precedence.

On the motion offered by Senator Barnes of the 33rd, the yeas were 26, nays 21; the motion prevailed, and SB 43 was placed on the Table.

The following general bill of the Senate, having been read the third time and de feated on January 17, and reconsidered previously today, was put upon its passage:

SB 8. By Senators Cobb of the 28th, Stumbaugh of the 55th, Turner of the 8th and others:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of li-

TUESDAY, JANUARY 18, 1983

269

censes, so as to eliminate the authority of the Department of Public Safety to issue duplicate licenses and permits.

Senator Cobb of the 28th offered the following amendment:

Amend SB 8 by striking from the title, beginning on line 10 of Page 1, the following:
"to require an individual whose name or address changes to notify the Department of Public Safety of such change and to authorize such individuals to obtain a new permit or license;".
By striking in its entirety Section 4, beginning on line 8 of Page 4, which reads as follows:
"Section 4. Said article is further amended by striking in its entirety Code Section 40-5-33, relating to changes of names and addresses, and substituting in lieu thereof a new Code Section 40-5-33 to read as follows:
'40-5-33. Whenever any person, after applying for or receiving a driver's license, shall move from the address named in such application or in the license issued to him, or when the name of a licensee is changed by marriage or otherwise, such person shall, within 30 days of such change, notify the department in writing of the new name or address. Such person may apply to the department for a new license showing the correct name or address. Such new license shall be obtained in the same manner and under the same conditions and limitations as are provided in Code Section 40-5-32, relating to renewals of licenses.'"
By renumbering Section 5, beginning on line 24 of Page 4, as Section 4.

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brannon Brantley Broun of 46th

Bryant Burton Cobb Coggin Coleman Coverdell Dawkins

Deal Dean English Engram Fincher Foster Garner

270
Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Kennedy

JOURNAL OF THE SENATE

Kidd Land Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd

Scott of 36th Scott of 43rd Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Barker.
Not voting were Senators Brown of 47th, Summers (deceased) and Thompson.
On the passage of the bill, the yeas were 52, nays 1.
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 disagreed to the Senate substitute to the following bill of the House:

HB 1. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th, Collins of the 144th, Connell of the 87th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1982-83, known as the "General Appropriations Act," so as to change the revenue estimate and certain appropriations for the State Fiscal Year 198283.

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

HB 1. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1982-83 known as the "General Appropriations Act," so as to change the

TUESDAY, JANUARY 18, 1983

271

revenue estimate and certain appropriations for the State Fiscal Year 198283.

Senator Starr of the 44th moved that the Senate insist upon the Senate substitute to HB 1.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1.

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 on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:

HB 1. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1982-83, known as the "General Appropriations Act," so as to change the revenue estimate and certain appropriations for the State Fiscal Year 198283.

The Speaker has appointed as a Committee of Conference on the part of the House the following members:
Representatives McDonald of the 12th, Collins of the 144th and Burruss of the 20th.

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

HB 1. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1982-83 known as the "General Appropriations Act," so as to change the revenue estimate and certain appropriations for the State Fiscal Year 198283.

Senator Starr of the 44th moved that the Senate adhere to the Senate substitute to HB 1 and that a Conference Committee be appointed.

272

JOURNAL OF THE SENATE

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1.

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

Senators Holloway of the 12th, Starr of the 44th and Allgood of the 22nd.

Senator Allgood of the 22nd moved that the Senate stand in recess from 12:35 o'clock A.M. until 3:00 o'clock P.M. today, and at 3:10 o'clock P.M. stand adjourned until 10:00 o'clock A.M. tomorrow.

The motion prevailed.

At 3:00 o'clock P.M., the President called the Senate to order.

Pursuant to the provisions of a previously adopted motion, at 3:10 o'clock P.M. the Senate stood adjourned until 10:00 o'clock A.M. tomorrow.

WEDNESDAY, JANUARY 19, 1983

273

Senate Chamber, Atlanta, Georgia Wednesday, January 19, 1983 Tenth Legislative Day

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

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

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

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

Mr. President:

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

HB 58. By Representatives Thomas of the 69th, Johnson of the 70th, Ramsey of the 3rd and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to provide that under certain circumstances disposition of an unruly or delinquent juvenile may be made by a court other than the court of the county where the juve nile resides.

HB 82. By Representatives Patten of the 149th, Carter of the 146th, and Crosby of the 150th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of court, so as to change the terms of court of Alapaha Judicial Circuit.

HB 87. By Representatives Reaves of the 147th, Balkcom of the 140th, Godbee of the 110th and others:
A bill to amend Article 4 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to sale and purchase of public property, so as to require all public agencies purchasing meals and all public and private non profit organizations purchasing meals with public funds to purchase by means of competitive bidding.

274

JOURNAL OF THE SENATE

HB 88. By Representatives Reaves of the 147th, Godbee of the 110th, Matthews of the 145th and others:
A bill to amend Code Section 11-9-307 of the Official Code of Georgia An notated, relating to the protection of buyers of goods, so as to provide that a buyer in ordinary course of business who buys certain farm products from a person engaged in farming operations takes those products free of a security interest created by the seller under certain conditions.

HB 89. By Representatives Reaves of the 147th, Balkcom of the 140th, Godbee of the 110th and others:
A bill to amend Article 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to state licensed and bonded warehouses, so as to remove an exemption from the provisions of said article.

HB 90. By Representatives Reaves of the 147th, Balkcom of the 140th, Godbee of the 110th and others:
A bill to amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to require the submission of a financial statement with the application for a license.

HB 116. By Representatives Thomas of the 69th, Johnson of the 70th, Bray of the 91st and others:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to courts of municipalities, so as to authorize such courts to try and dispose of criminal cases of possession of one ounce or less of marijuana under certain circumstances.

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

HB 3. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and others:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated.

The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:

HB 4. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions.

WEDNESDAY, JANUARY 19, 1983

275

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

HB 133. By Representatives Walker of the 115th, Evans of the 84th, and Smyre of the 92nd:
A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to provide for two additional members on the council.

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

SB 106. By Senator Timmons of the llth:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions regarding torts, so as to provide that any person engaged in the act of hunting who injures or kills any other person shall be liable for such injury or death.
Referred to Committee on Judiciary and Constitutional Law.

SB 107. By Senator Timmons of the llth:
A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to writs of habeas corpus for persons under sen tence by a state court of record, so as to provide that certain petitions for writs of habeas corpus may be transferred to the superior court of the county in which the original conviction was obtained.
Referred to Committee on Judiciary.

SB 108. By Senators Walker of the 19th, Horton of the 17th, English of the 21st and others:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to bail in criminal cases, so as to deny appeal bonds to con victed felons sentenced to serve three or more years.
Referred to Committee on Judiciary.

SB 109. By Senator Timmons of the llth:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Anno tated, relating to credit for the Employees' Retirement System of Georgia for prior service, so as to provide credit for certain military service.
Referred to Committee on Retirement.

SB 110. By Senators Brown of the 47th, Kidd of the 25th and Hill of the 29th:
A bill to amend Code Section 47-6-80 of the Official Code of Georgia Anno tated, relating to eligibility and application for retirement benefits under the

276

JOURNAL OF THE SENATE

Georgia Legislative Retirement System, so as to change the monthly service retirement allowance.
Referred to Committee on Retirement.

SB 111. By Senator McGill of the 24th:
A bill to amend an Act providing a new charter for the City of Union Point, as amended, so as to change certain fines.
Referred to Committee on Federal, State and Community Affairs.

SB 112. By Senators Deal of the 49th, Peevy of the 48th and Foster of the 50th:
A bill to amend Code Section 20-2-520 of the Official Code of Georgia An notated, relating to school property and facilities, so as to authorize county boards of education and area boards of education to acquire, improve, and sell real or personal property in connection with the vocational educational curricula or program of such board; to provide an effective date.
Referred to Committee on Education.

SB 113. By Senator Deal of the 49th:
A bill to amend Code Section 16-10-6 of the Official Code of Georgia Anno tated, relating to unlawful acts relative to the sale of personal property to the state or any political subdivision by certain persons, and to amend Code Section 45-10-20 of the Official Code of Georgia Annotated, relating to the prohibition against certain persons from engaging in certain business trans actions with the state.
Referred to Committee on Governmental Operations.

SB 114. By Senator Turner of the 8th:
A bill to amend Code Section 47-2-1 of the Official Code of Georgia Anno tated, relating to definitions under the Employees' Retirement System of Georgia, so as to change a definition.
Referred to Committee on Retirement.

SB 115. By Senator Turner of the 8th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to the Teachers Retirement System of Georgia, so as to revise a definition.
Referred to Committee on Retirement.

SB 116. By Senator Coverdell of the 40th:
A bill to amend Code Section 47-9-40 of the Official Code of Georgia Anno tated, relating to membership in the Superior Court Judges Retirement Sys-

WEDNESDAY, JANUARY 19, 1983

277

tem, so as to provide that such membership shall be optional and not required.
Referred to Committee on Retirement.

SB 117. By Senators Tate of the 38th and Allgood of the 22nd:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to the Teachers Retirement System of Georgia, so as to pro vide creditable service for certain unused sick leave.
Referred to Committee on Retirement.

SB 118. By Senators Tate of the 38th and English of the 21st:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to the Teachers Retirement System of Georgia, so as to change the provisions relating to the number of years of creditable service required to qualify for retirement regardless of age.
Referred to Committee on Retirement.

SB 119. By Senator Tate of the 38th:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, relating to the Employees' Retirement System of Georgia, so as to change a definition.
Referred to Committee on Retirement.

SB 120. By Senator Tate of the 38th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to the Teachers Retirement System of Georgia, so as to change the provisions relating to the board of trustees.
Referred to Committee on Retirement.

SB 121. By Senators Greene of the 26th, tester of the 23rd, Holloway of the 12th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for policy and purpose; to provide for definitions; to provide for a Health Policy Council and its functions and for the compen sation and allowances of its members.
Referred to Committee on Human Resources.

SB 122. By Senator Lester of the 23rd:
A bill to amend an Act to provide the procedures whereby a Judge of the Probate Court of Richmond County (formerly the Court of Ordinary) shall be eligible to become a Judge Emeritus of the Probate Court of Richmond County; to provide for the power, duties and responsibilities of such judge emeritus; to provide for the pension of such judge emeritus; to provide pen sion benefits for the surviving spouse of the judge emeritus; to provide for

278

JOURNAL OF THE SENATE

the holding of any compensating position with Richmond County or of the State of Georgia of any agency of same.
Referred to Committee on Federal, State and Community Affairs.

SB 123. By Senator Coverdell of the 40th:
A bill to amend an Act authorizing the commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees, as amended, so as to provide that individuals employed by the Fulton County Probation System prior to July 1, 1984, may continue mem bership in this pension system.
Referred to Committee on Federal, State and Community Affairs.

SB 124. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act implementing the Brunswick and Glynn County Development Authority, as amended, so as to provide that the Authority and the Jekyll Island-State Park Authority each shall have the power to contract one with the other.
Referred to Committee on Federal, State and Community Affairs.

SB 125. By Senator Kidd of the 25th:
A bill to amend Code Section 47-12-82 of the Official Code of Georgia An notated, relating to the salary for district attorneys emeritus, so as to in crease the benefit amount for certain district attorneys who are retired and who are not eligible to receive one-half of their state salary for the calendar year immediately prior to their retirement and resignation as an active dis trict attorney.
Referred to Committee on Retirement.

SB 126. By Senator Hudgins of the 15th:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, relating to the Employees' Retirement System of Georgia, so as to provide for credit to members for certain previous service as an employee with a district attorney's office or solicitor's office in this state.
Referred to Committee on Retirement.

SB 127. By Senator Tate of the 38th:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Anno tated, relating to the Superior Court Judges Retirement System, so as to change a definition.
Referred to Committee on Retirement.

WEDNESDAY, JANUARY 19, 1983

279

SB 128. By Senator Tate of the 38th:
A bill to amend Chapter 6 of Title 47 of the Official Code of Georgia Anno tated, relating to the Georgia Legislative Retirement System, so as to change a definition.
Referred to Committee on Retirement.

SB 129. By Senator Cobb of the 28th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that any cost-of-living adjust ment to benefits granted by any retirement fund or system which is funded wholly or in part from state funds shall consist of an equal dollar amount for each person receiving benefits from the fund or system.
Referred to Committee on Retirement.

SR 41. By Senator Burton of the 5th:
A resolution creating the Study Committee on the Handicapped Preschooler.
Referred to Committee on Human Resources.

SR 42. By Senators Walker of the 19th, Bowen of the 13th, Gillis of the 20th and others:
A resolution designating the Roger H. Lawson Memorial Bridge.
Referred to Committee on Transportation.

SR 45. By Senators Tate of the 38th, Harrison of the 37th, Gillis of the 20th and others:
A resolution proposing an amendment to the Constitution so as to provide that members of the General Assembly shall be elected for a term of four years; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.

SR 49. By Senators Allgood of the 22nd and tester of the 23rd:
A resolution authorizing the placing of a portrait of Honorable Richard A. Dent in the State Capitol Building.
Referred to Committee on Governmental Operations.

280

JOURNAL OF THE SENATE

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

HB 58. By Representatives Thomas of the 69th, Johnson of the 70th, Ramsey of the 3rd and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to provide that under certain circumstances disposition of an unruly or delinquent juvenile may be made by a court other than the court of the county where the juve nile resides.
Referred to Committee on Children and Youth.

HB 82. By Representatives Patten of the 149th, Carter of the 146th and Crosby of the 150th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of court, so as to change the terms of court of the Alapaha Judicial Circuit.
Referred to Committee on Judiciary.

HB 87. By Representatives Reaves of the 147th, Balkcom of the 140th, Godbee of the 110th and others:
A bill to amend Article 4 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to sale and purchase of public property, so as to require all public agencies purchasing meals and all public and private non profit organizations purchasing meals with public funds to purchase by means of competitive bidding.
Referred to Committee on Agriculture.

HB 88. By Representatives Reaves of the 147th, Godbee of the 110th, Matthews of the 145th and others:
A bill to amend Code Section 11-9-307 of the Official Code of Georgia An notated, relating to the protection of buyers of goods, so as to provide that a buyer in ordinary course of business who buys certain farm products from a person engaged in farming operations takes those products free of a security interest created by the seller under certain conditions.
Referred to Committee on Agriculture.

HB 89. By Representatives Reaves of the 147th, Balkcom of the 140th, Godbee of the 110th and others:
A bill to amend Article 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to state licensed and bonded warehouses, so as to remove an exemption from the provisions of said article.
Referred to Committee on Agriculture.

WEDNESDAY, JANUARY 19, 1983

281

HB 90. By Representatives Reaves of the 147th, Balkcom of the 140th, Godbee of the 110th and others:
A bill to amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to require the submission of a financial statement with the application for a license.
Referred to Committee on Agriculture.

HB 116. By Representatives Thomas of the 69th, Johnson of the 70th, Bray of the 91st and others:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to courts of municipalities, so as to authorize such courts to try and dispose of criminal cases of possession of one ounce or less of marijuana under certain circumstances.
Referred to Committee on Judiciary.

HB 133. By Representatives Walker of the 115th, Evans of the 84th and Smyre of the 92nd:
A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to provide for two additional members on the council.
Referred to Committee on Judiciary.

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

Mr. President:

The Committee on Education has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 64. Do pass.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

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

SB 13. Do pass. SB 14. Do pass as amended.

SB 31. Do pass. SB 32. Do pass by substitute.

282

JOURNAL OF THE SENATE

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

Mr. President:

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

SB 49. Do pass. SB 50. Do pass.

SB 89. Do pass. SB 91. Do pass. Respectfully submitted, Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 67. Do pass.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

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

SB 1. By Senators Cobb of the 28th, Hill of the 29th, Holloway of the 12th and others:
A bill to amend Chapter 5 of Title 3 of the Official Code of Georgia Anno tated, relating to malt beverages.

SB 59. By Senator Allgood of the 22nd:
A bill to amend Code Section 40-8-76 of the Official Code of Georgia Anno tated, relating to safety belts required for passenger automobiles, so as to provide that parents or legal guardians shall be responsible for placing their children under three years of age in certain child restraint devices when children are being transported in passenger automobiles within this state.

WEDNESDAY, JANUARY 19, 1983

283

SB 63. By Senators Coverdel! of the 40th and Trulock of the 10th:
A bill to amend Code Section 28-1-9 of the Official Code of Georgia Anno tated, relating to service in the General Assembly being credited under pen sion plans of political subdivisions when former members of the General As sembly become officials or employees of such political subdivisions, so as to provide that service in the General Assembly after a certain date may not be obtained as creditable service under any local retirement or pension system.

SB 65. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Code Section 32-2-40 of the Official Code of Georgia Anno tated, relating to the commissioner of transportation, so as to modify the term of office of the commissioner of transportation.

SB 77. By Senators Harrison of the 37th and Brantley of the 56th:
A bill to amend Article 4 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to limitation on annexation of areas furnished services or included in comprehensive zoning plan by certain counties, so as to provide that, in all counties of this state having a population of not less than 225,000 and not more than 450,000 according to the United States decennial census of 1980 or any future such census, the annexation by any municipality which has an independent school system of any unincorporated area in which the county furnishes or is to furnish water, sewerage, police and fire protection shall be prohibited unless the governing authority of the county approves such annexation of property.

HB 84. By Representatives Hasty and Anderson of the 8th: A bill to create and establish a Small Claims Court of Pickens County.

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

Allgood Barker Barnes
Bond Bowen B rannon
srni* ra eyf ,,*,,.
Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher
Foster Garner Gillis
risGreene
Harrison Hl " Holloway Horton Kennedy Kidd Land Lester

McGill McKenzie Peevy
Perry Phillips Scott of 2nd
rt of43rd Scott of 36th
Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

284

JOURNAL OF THE SENATE

Those not answering were Senators:

Coggin Mine Howard

Hudgins Littlefield

Summers (deceased) Thompson

Senator Greene of the 26th introduced the chaplain of the day, Reverend Tommy Jones, pastor of Vineville Baptist Church, Macon, Georgia, who offered scripture read ing and prayer.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

The following resolutions of the Senate were read and adopted:

SR 43. By Senator Horton of the 17th: A resolution commending and congratulating Nan Bunn.

SR 44. By Senator Horton of the 17th: A resolution commending and congratulating Kathy Morris.

SR 46. By Senator McGill of the 24th: A resolution commending and congratulating Mandy Bishop.

SR 47. By Senator McGill of the 24th: A resolution commending and congratulating Jeff Tyler.
SR 48. By Senator McGill of the 24th: A resolution recognizing Sam McGill, Jr., Jeff Tyler, Greg Tyler, and Chris Hoffman for their accomplishments on the Wilkes County 4-H Livestock and Dairy Judging Teams.

WEDNESDAY, JANUARY 19, 1983

285

SR 51. By Senator Barker of the 18th: A resolution commending Mr. Morris E. Ezell.

SENATE CALENDAR
Wednesday, January 19, 1983
TENTH LEGISLATIVE DAY
SB 2 Motor Vehicle with Non-Transparent Glass -- when apprehended by Police (SUBSTITUTE) (Pub Saf -- 28th)

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

SB 2. By Senators Cobb of the 28th, Stumbaugh of the 55th, Turner of the 8th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to require the operator of any vehicle with glass installed in the windshield or front windows, which glass is trans parent from only one side, to stop immediately and roll down the front win dows of such vehicle when apprehended by a law enforcement officer.

The Senate Committee on Public Safety offered the following substitute to SB 2:

A BILL TO BE ENTITLED AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to require the operator of any vehicle with glass installed in the windshield or front windows, which glass is trans parent from only one side, to stop immediately and roll down the front win dows of such vehicle when apprehended by a law enforcement officer; to prohibit the sale of any new motor vehicle on which the front windshield or any front door glass is transparent from only one side; to provide that it shall be unlawful to affix to the front windshield or right or left front door windows of a motor vehicle any material which will obstruct vision into the vehicle; to provide for exceptions; to provide penalties for violations; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding between Code Sections 40 6-273 and 40-6-274 a new Code section, to be designated Code Section 40-6-273.1, to read as follows:
"40-6-273.1. (a) The operator of any vehicle with glass installed in the windshield or front windows, which glass is transparent from only one

286

JOURNAL OF THE SENATE

side, shall immediately stop and roll down the front windows when ap prehended by a law enforcement officer.
(b) Any person who fails to comply with the requirements of subsec tion (a) of this Code section shall be guilty of a misdemeanor."
Section 2. Said title is further amended by adding between Code Sec tions 40-8-73 and 40-8-74 a new Code section, to be designated Code Sec tion 40-8-73.1, to read as follows:
"40-8-73.1. (a) It shall be unlawful for any resident person, firm, or corporation to sell any new motor vehicle on which the front windshield or any front door glass in the vehicle is transparent from only one side.
(b) It shall be unlawful for any resident person, firm, or corporation to affix to the front windshield or any front door glass of a motor vehicle any material which will obstruct vision into the vehicle.
(c)(l) The provisions of this Code section shall not apply to:
(A) Motor common carriers or motor contract carriers regulated by the Public Service Commission pursuant to Title 46;
(B) Ambulances or other medical service vehicles licensed by the Department of Human Resources pursuant to Title 31;
(C) Funeral coaches or hearses, provided they are operated pursuant to the authorization of or by a person licensed under Chapter 18 of Title 43; and
(D) Motor vehicles participating in organized parades when the driver or the parade manager has been issued a parade permit by the State of Georgia or by any political subdivision of the state.

(2) The provisions of this Code section shall not apply to the manu facturer's tinting of windshields or windows of motor vehicles or to certif icates or identification decals or other papers required by the law to be displayed on such windshields or windows.

(3) The provisions of this Code section shall not apply to transparent sun-screening material installed, affixed, or applied to the topmost por tion of the front windshield or right or left front door windows and not extending more than five inches from the topmost end of the front wind shield or right or left front window if:

(A) The material is not red or amber in color;

(B) There is no opaque lettering on the material and any other let tering does not affect primary colors or distort vision through the wind shield or windows; and

WEDNESDAY, JANUARY 19, 1983

287

(C) The material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or following vehicles to any greater extent than the windshield or window without the material.

(d) Any resident person, firm, or corporation violating the provisions of subsections (a) and (b) of this Code section shall be guilty of a misdemeanor."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Cobb of the 28th offered the following amendment:
Amend the substitute to SB 2 offered by the Senate Committee on Pub lic Safety by striking from the title on Page 1, line 6 the word "appre hended", and inserting in lieu thereof the word "stopped";
and
By striking from Section 1 of Page 1, on line 26, the word, "appre hended", and inserting in lieu thereof the word "stopped".

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

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

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

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

Those voting in the affirmative were Senators:

Allgood Barker Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb

Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster

Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins

288

JOURNAL OF THE SENATE

Kidd Land Lester McGill McKenzie
Perry

Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr
Stumbaugh

Tate Trulock T lurner Tysmger
Walker

Those voting in the negative were Senators:

Barnes Bond

Peevy

Thompson

Those not voting were Senators:

Harrison Kennedy (presiding)

Littlefield Summers (deceased)

Timmons

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

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

Senator Engram of the 34th introduced the doctor of the day, Dr. Arthur Evans, of College Park, Georgia.

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

HB 4. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions.

The House amendment was as follows:

Amend the Senate amendment to HB 4 as follows: By striking from line 3 of said amendment the following: "25 and 26",
and inserting in lieu thereof the following: "28 and 29".

WEDNESDAY, JANUARY 19, 1983

289

By striking from line 11 of said amendment the following: "25 and 26",
and inserting in lieu thereof the following: "29 and 30".

Senator Deal of the 49th moved that the Senate agree to the House amendment to the Senate amendment to HB 4.

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Coggin

Kennedy i Littlefield

Summers (deceased)

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 4.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

290

JOURNAL OF THE SENATE

At 11:03 o'clock A.M., Senator Kennedy of the 4th, President Pro Tempore, an nounced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

THURSDAY, JANUARY 20, 1983

291

Senate Chamber, Atlanta, Georgia Thursday, January 20, 1983 Eleventh Legislative Day

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

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

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

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

Mr. President:

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

HB 50. By Representative Lane of the 27th:
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 51. By Representative Lane of the 27th:
A bill to amend Code Section 44-7-54 of the Official Code of Georgia Anno tated, relating to payment of rent into the court under dispossessory pro ceedings, so as to change the provisions relating to the time at which the tenant must begin making payments into court.

HB 66. By Representatives Isakson of the 21st, Lane of the 27th, Adams of the 36th and Murphy of the 18th:
A bill to amend Chapter 5 of Title 43 of the Official Code of Georgia Anno tated, relating to the Georgia Board of Athletic Trainers, so as to provide for licensure for certain persons who do not otherwise meet licensure requirements.

HB 70. By Representative Buck of the 95th:
A bill to amend Chapter 8 of Title 46 of the Official Code of Georgia Anno tated, relating to railroad companies, so as to authorize annual meetings of

292

JOURNAL OF THE SENATE

shareholders to be held anywhere within or without the state; to authorize the transaction of business by shareholders to be accomplished at meetings or by unanimous writteff'consent.

HB 92. By Representative Colbert of the 23rd:
A bill to amend Code Section 16-7-24 of the Official Code of Georgia Anno tated, relating to interference with government property, so as to define gov ernment property to include the property of political subdivisions.

HB 96. By Representative Colbert of the 23rd:
A bill to amend Code Section 16-11-105, relating to the discharge of fire arms on Sunday, so as to allow the discharge of firearms on Sunday under certain circumstances.

HB 109. By Representatives Johnson of the 70th, Bolster of the 30th and Alford of the 57th:
A bill to amend Chapter 63 of Title 36 of the Official Code of Georgia Annotated, the "Resource Recovery Development Authorities Law," so as to change the purpose and definitions so as to provide for applicability to certain renewable energy resources.

HB 136. By Representatives Walker of the 115th, Smyre of the 92nd and Evans of the 84th:
A bill to amend Chapter 13 of Title 17 of the Official Code of Georgia Annotated, relating to criminal extraditions, so as to provide that certain documents shall be issued under the authority of the executive seal.

HB 190. By Representative Hudson of the 117th:
A bill to amend an Act incorporating the Town of Pineview, so as to change the provisions relating to ad valorem taxation and limitations thereof; to change the provisions relating to fines.

HB 191. By Representative Hooks of the 116th:
A bill to amend an act placing the Sheriff of Sumter County on a salary basis in lieu of a fee basis, so as to change the salary of the sheriff.

HB 192. By Representative Hooks of the 116th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Sumter County into the one office of Tax Commissioner of Sum ter County, so as to change the compensation of the tax commissioner.

THURSDAY, JANUARY 20, 1983

293

HB 193. By Representative Hook of the 116th:
A bill to provide that the governing authority of Sumter County shall deter mine and establish the total annual compensation to be paid to the judge of the probate court, the clerk of the superior court, the sheriff, and the tax commissioner of Sumter County.

HB 194. By Representative Copelan of the 106th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of court, so as to change the terms of court in Greene County within the Ocmulgee Judicial Circuit.

HB 195. By Representatives Copelan of the 106th, Birdsong of the 104th, Waldrep of the 80th and Lambert of the 66th:
A bill to provide for the drawing of grand juries in each county in the Ocmulgee Judicial Circuit and the length of terms of said grand juries.

The House has adopted by the requisite constitutional majority the following reso lution of the Senate:

SR 17. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd: A resolution expressing sorrow at the passing of Francis Patrick Rossiter.

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

SB 130. By Senator Kidd of the 25th:
A bill to amend Chapter 7 of Title 33 of the Official Code of Georgia Anno tated, relating to kinds of insurance, limits of risks, and reinsurance, so as to change the provisions relating to property insurance.
Referred to Committee on Insurance.

SB 131. By Senator Kidd of the 25th:
A bill to amend Code Section 48-5-2, relating to definitions with respect to ad valorem taxation of property, so as to exclude certain costs of purchase and sale from the meaning of the term "fair market value of property".
Referred to Committee on Banking & Finance.

SB 132. By Senators Bond of the 39th and Scott of the 36th:
A bill to amend an Act establishing a Municipal Court of the City of At lanta (now a division of the State Court of Fulton County), as amended, so

294

JOURNAL OF THE SENATE

as to abolish the Office of Justice of the Peace and of Notary Public Ex Officio Justice of the Peace and Constable in Fulton County.
Referred to Committee on Federal, State & Community Affairs.

SB 133. By Senator Scott of the 36th:
A bill to amend an Act fixing the compensation of the board of commission ers 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 relating to the method by which compensation is changed within the limitations specified by said Act.
Referred to Committee on Federal, State & Community Affairs.

SB 134. By Senator Engram of the 34th:
A bill to provide for the creation of a Fulton County Board of Health; to provide for the composition of such board; to provide for the appointment of members of such board, and the procedures in connection therewith.
Referred to Committee on Federal, State & Community Affairs.

SB 135. By Senators Kennedy of the 4th, McGill of the 24th, Walker of the 19th and others:
A bill to amend Code Section 42-5-100 of the Official Code of Georgia An notated, relating to the promulgation of rules and regulations governing earned-time allowances, so as to provide for intent.
Referred to Committee on Offender Rehabilitation.

SB 136. By Senators McGill of the 24th, Walker of the 19th, Kennedy of the 4th and others:
A bill to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to milk and milk products, so as to authorize the Commissioner of Agriculture by rule or regulation to adopt future changes in and supplements to the "Grade A Pasteurized Milk Ordinance" as a part of the standards and requirements for this state.
Referred to Committee on Agriculture.

SB 137. By Senators McGill of the 24th, Walker of the 19th, Kennedy of the 4th and others:
A bill to amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, relating to the business of structural pest control, so as to pro vide that the Commissioner of Agriculture shall serve as a secretary of the State Structural Pest Control Commission.
Referred to Committee on Agriculture.

THURSDAY, JANUARY 20, 1983

295

SB 138. By Senator Deal of the 49th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for juvenile court jurisdiction over certain children over the age of 17 years.
Referred to Committee on Children & Youth.

SB 139. By Senators Gillis of the 20th, Walker of the 19th and McGill of the 24th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to the issuance of bad checks, so as to change the penalties therefor; to provide an effective date.
Referred to Committee on Judiciary.

SB 140. By Senator Coggin of the 35th:
A bill to authorize the governing authority of Fulton County to adopt ordi nances and regulations for the governing of the policing of the unincorpo rated areas of said county, in accordance with the provisions of the Consti tution of this state and to provide penalties for the violation of such ordinances and to designate the court or courts which shall have jurisdiction in Fulton County over such offenses.
Referred to Committee on Federal, State & Community Affairs.

SB 141. By Senator Howard of the 42nd:
A bill to amend Code Section 43-34-37 of the Official Code of Georgia An notated, relating to grounds for refusal to grant licenses to practice medicine and grounds for disciplining holders of such licenses, so as to include among these grounds certain conduct relating to amphetamines and sympathomimetic amine drugs or compounds designated as controlled substances.
Referred to Committee on Human Resources.

SR 50. By Senator Harrison of the 37th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a pension system for members of the Georgia National Guard; to provide for the submission of this amend ment for ratification or rejection.
Referred to Committee on Defense and Veterans Affairs.

SR 52. By Senators Cobb of the 28th and Walker of the 19th:
A resolution supporting the recommendation of the State-wide Fire Protec tion Study Committee, the Georgia Association of Fire Chiefs, and the Georgia State Firemen's Association urging the appropriation of sufficient funds necessary to establish the National Professional Qualifications System for fire service personnel to be administered by the Georgia Firefighter's Standards and Training Council.
Referred to Committee on Public Safety.

296

JOURNAL OF THE SENATE

SR 53. By Senators Cobb of the 28th and Walker of the 19th:
A resolution supporting the recommendation of the State-wide Fire Protec tion Study Committee, the Georgia Association of Fire Chiefs, and the Georgia State Firemen's Association urging the appropriation of sufficient funds for the operation of the Georgia Fire Academy and for the addition of one instructor to develop and implement courses of study and programs in volving public fire safety education.
Referred to Committee on Public Safety.

SR 54. By Senators Cobb of the 28th and Walker of the 19th:
A resolution supporting the recommendation of the State-wide Fire Protec tion Study Committee, the Georgia Association of Fire Chiefs, and the Georgia State Firemen's Association urging the appropriation of sufficient funds dedicated to continue the operation of the state fire data system within the office of the state fire marshall.
Referred to Committee on Public Safety.

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

HB 50. By Representative Lane of the 27th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for a State Boxing Commission.
Referred to Committee on Governmental Operations.

HB 51. By Representative Lane of the 27th:
A bill to amend Code Section 44-7-54 of the Official Code of Georgia Anno tated, relating to payment of rent into the court under dispossessory pro ceedings, so as to change the provisions relating to the time at which the tenant must begin making payments into the court.
Referred to Committee on Judiciary.

HB 66. By Representatives Isakson of the 21st, Lane of the 27th, Adams of the 36th and Murphy of the 18th:
A bill to amend Chapter 5 of Title 43 of the Official Code of Georgia Anno tated, relating to the Georgia Board of Athletic Trainers, so as to provide for licensure for certain persons who do not otherwise meet licensure requirements.
Referred to Committee on Governmental Operations.

HB 70. By Representative Buck of the 95th:
A bill to amend Chapter 8 of Title 46 of the Official Code of Georgia Anno tated, relating to railroad companies, so as to authorize annual meetings of

THURSDAY, JANUARY 20, 1983

297

shareholders to be held anywhere within or without the state; to authorize the transaction of business by shareholders to be accomplished at meetings or by unanimous written consent.
Referred to Committee on Public Utilities.

HB 92. By Representative Colbert of the 23rd:
A bill to amend Code Section 16-7-24 of the Official Code of Georgia Anno tated, relating to interference with government property, so as to define gov ernment property to include the property of political subdivisions.
Referred to Committee on Judiciary.

HB 96. By Representative Colbert of the 23rd:
A bill to amend Code Section 16-11-105, relating to the discharge of fire arms on Sunday, so as to allow the discharge of firearms on Sunday under certain circumstances.
Referred to Committee on Judiciary.

HB 109. By Representatives Johnson of the 70th, Bolster of the 30th and Alford of the 57th:
A bill to amend Chapter 63 of Title 36 of the Official Code of Georgia Annotated, the "Resource Recovery Development Authorities Law," so as to change the purpose and definitions so as to provide for applicability to certain renewable energy resources.
Referred to Committee on Federal, State and Community Affairs (General).

HB 136. By Representatives Walker of the 115th, Smyre of the 92nd and Evans of the 84th:
A bill to amend Chapter 13 of Title 17 of the Official Code of Georgia Annotated, relating to criminal extraditions, so as to provide that certain documents shall be issued under the authority of the executive seal.
Referred to Committee on Judiciary and Constitutional Law.

HB 190. By Representative Hudson of the 117th:
A bill to amend an Act incorporating the Town of Pineview, so as to change the provisions relating to ad valorem taxation and limitations thereof; to change the provisions relating to fines.
Referred to Committee on Federal, State and Community Affairs.

HB 191. By Representative Hooks of the 116th:
A bill to amend an Act placing the Sheriff of Sumter County on a salary basis in lieu of a fee basis, so as to change the salary of the sheriff.
Referred to Committee on Federal, State and Community Affairs.

298

JOURNAL OF THE SENATE

HB 192. By Representative Hooks of the 116th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Sumter County into the one office of Tax Commissioner of Sumter County, so as to change the compensation of the tax commissioner.
Referred to Committee on Federal, State and Community Affairs.

HB 193. By Representative Hooks of the 116th:
A bill to provide that the governing authority of Sumter County shall deter mine and establish the total annual compensation to be paid to the judge of the probate court, the clerk of the superior court, the sheriff, and the tax commissioner of Sumter County.
Referred to Committee on Federal, State and Community Affairs.

HB 194. By Representative Copelan of the 106th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of court, so as to change the terms of court in Greene County within the Ocmulgee Judicial Circuit.
Referred to Committee on Judiciary.

HB 195. By Representatives Copelan of the 106th, Birdsong of the 104th, Waldrep of the 80th and Lambert of the 66th:
A bill to provide for the drawing of grand juries in each county in the Ocmulgee Judicial Circuit and the length of terms of said grand juries.
Referred to Committee on Judiciary.

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

Mr. President:

The Committee on Children and Youth has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 4. Do pass.
Respectfully submitted,
Senator Hudgins of the 15th District, Chairman

Mr. President:

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

THURSDAY, JANUARY 20, 1983

299

SR 11. Do pass as amended. Respectfully submitted, Senator Foster of the 50th District, Chairman

Mr President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 105. HB 76. HB 112.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the fol lowing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 36. Do pass by substitute.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 56. Do pass.
Respectfully submitted,
Senator Walker of the 19th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the

300

JOURNAL OF THE SENATE

Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 5. Do pass by substitute. SB 6. Do pass.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 45. Do pass. SB 84. Do pass.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 18. Do pass by substitute. SB 83. Do pass by substitute.
Respectfully submitted,
Senator Brown of the 47th District, Chairman

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

SB 13. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to make it unlawful knowingly and intentionally to destroy or cause physical injury to a police dog.

THURSDAY, JANUARY 20, 1983

301

SB 14. By Senator Kidd of the 25th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, relating to employment and training of peace officers, so as to define the term "police dog".

SB 31. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-60 of the Official Code of Georgia Anno tated, relating to costs in the probate courts, so as to change the court costs for certain services; to provide an effective date.

SB 32. By Senator Kidd of the 25th:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Anno tated, relating to minimum salaries for judges of the probate courts.

SB 49. By Senator Brannon of the 51st:
A bill to amend Code Section 45-16-4 of the Official Code of Georgia Anno tated, relating to bonds for coroners, so as to change the bond and surety requirement for coroners.

SB 50. By Senator Brannon of the 51st:
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 Train ing Council; to provide a short title; to define certain terms; to provide for the membership of the council.

SB 64. By Senators Barnes of the 33rd, Foster of the 50th, Dean of the 31st and others:
A bill to amend Code Section 20-2-156 of the Official Code of Georgia An notated, relating to special education programs generally, so as to provide legislative intent; to authorize the State Board of Education to administer a grant program to local schools.

SB 67. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to provide that no person shall be exempt from jury duty except as the judge may provide; to change the number of peremptory challenges to jurors and alternative jurors which the defendant and the state may exercise; to change the grounds for challenges for cause.

SB 89. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization, adminis tration, and enforcement of the revenue laws, so as to change the qualifica-

302

JOURNAL OF THE SENATE

tions for the office of state revenue commissioner and deputy state revenue commissioner by removing certain restrictions.

SB 91. By Senator Littlefield of the 6th:
A bill to amend Code Section 45-10-20 of the Official Code of Georgia An notated, relating to unlawful sale of property, goods, or services to the state by state officers and employees, so as to authorize officers and employees under certain conditions to sell to units of the University System of Georgia their services as instructors of evening sports and recreation courses.

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

Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not answering were Senators:

Allgood Bond

Hill Scott of 36th

Summers (deceased)

Senator Scott of the 2nd introduced the chaplain of the day, Reverend B. R. Mitchell, pastor of Connor's Temple Baptist Church, Savannah, Georgia, who offered scripture reading and prayer.

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 77. By Senators Harrison of the 37th and Brantley of the 56th:
A bill to amend Article 4 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to limitation on annexation of areas furnished services or included in comprehensive zoning plan by certain counties, so as

THURSDAY, JANUARY 20, 1983

303

to provide that, in all counties of this state having a population of not less than 225,000 and not more than 450,000 according to the United States decennial census of 1980 or any future such census, the annexation by any municipality which has an independent school system of any unincorporated area in which the county furnishes or is to furnish water, sewerage, police and fire protection shall be prohibited unless the governing authority of the county approves such annexation of property.

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

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

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

HB 84. By Representatives Hasty and Anderson of the 8th: A bill to create and establish a Small Claims Court of Pickens County.

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

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

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

The following resolutions of the Senate were read and adopted:

SR 55. By Senators Engram of the 34th and Coggin of the 35th: A resolution commending Dr. William Maurrelle Suttles.

SR 56. By Senator Brown of the 47th:
A resolution remembering Nancy Hart and proclaiming Friday, January 21, as Nancy Hart Day.

304

JOURNAL OF THE SENATE

SR 57, By Senator English of the 21st: A resolution commending and congratulating David Dekle.

SR 58. By Senator Broun of the 46th: A resolution in memory of Daniel David Quillian.

SR 59. By Senator Broun of the 46th: A resolution expressing sorrow at the passing of Mr. Henry L. Logan.

Senator Garner of the 30th moved that the following bill of the Senate be with drawn from the Senate Committee on Offender Rehabilitation and committed to the Senate Committee on Retirement:

SB 82. By Senator Coverdell of the 40th:
A bill to amend Code Section 42-8-43.1 of the Official Code of Georgia Annotated, relating to participation of the Department of Offender Rehabil itation in the cost of certain county probation systems and the transfer of such county probation systems to the state-wide probation system, so as to provide that when an employee of a county probation system becomes an employee of the Department of Offender Rehabilitation at the same or a greater salary, the change in employment shall not constitute involuntary separation or termination from employment.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 82 was withdrawn from the Senate Committee on Offender Rehabilitation and committed to the Senate Committee on Retirement.

SENATE CALENDAR
Thursday, January 20, 1983
ELEVENTH LEGISLATIVE DAY
SB 1 Malt Beverages--distribution (SUBSTITUTE) (I&L-- 28th) SB 59 Auto Safety Restraints for Child under 3--parents responsible (SUB
STITUTE) (Trns--22nd) SB 63 Former Members of General Assembly--pension plans (Ret--40th) SB 65 Commissioner of Transportation--modify term of office (Trns--33rd)

THURSDAY, JANUARY 20, 1983

305

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

HB 1. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1982-83 known as the "General Appropriations Act," so as to change the revenue estimate and certain appropriations for the State Fiscal Year 198283.

The Conference Committee report on HB 1 was as follows:

The Conference Committee on HB 1 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Terrell A. Starr Senator, 44th District

/s/ Lauren McDonald, Jr. Representative, 12th District

/s/ Thomas F. Allgood Senator, 22nd District

/s/ A. L. Burruss Representative, 20th District

/s/ Al Holloway Senator, 12th District

/s/ Marcus E. Collins Representative, 144th District

Conference Committee substitute to HB 1:

A BILL TO BE ENTITLED AN ACT
To amend an Act providing appropriations for the State Fiscal Year 1982-83, known as the "General Appropriations Act," approved April 21, 1982 (Ga. Laws 1982, p. 1876), so as to change the revenue estimate and certain appropriations for the State Fiscal Year 1982-83; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year

306

JOURNAL OF THE SENATE

1982-83, known as the "General Appropriations Act," approved April 21, 1982 (Ga. Laws 1982, p. 1876), is amended by striking everything following the enacting clause, and by substituting in lieu thereof the following:
"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 State Fiscal Year, from the General Funds of the State, including unappropriated surplus and a State fund revenue estimate of $3,632,000,000 for State Fiscal Year 1983.

PART I. LEGISLATIVE BRANCH

Section 1. Legislative Branch.

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

Budget Unit Object Classes:

Operations ............

$

15,250,000 15,250,000 15,250,000 15,250,000
15,250,000

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for mem bership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon ap proval of the Legislative Services Committee; for mem bership in the Marine Fisheries Compact and other Com pacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, re construction, furnishing and refurbishing of space and other facilities for the Legislative Branch; for the Legisla tive Services Committee, the Office of Legislative Coun sel and the Office of Legislative Budget Analyst; for the operation of the Legislative Educational Research Coun cil; 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 Assem bly; for equipment, supplies, furnishings, repairs, print ing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Elec tors. The provisions of any other law to the contrary not-

THURSDAY, JANUARY 20, 1983

307

withstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to de termine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Govern ment. The committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may in clude that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.

Section 2. Department of Audits.
Budget Unit: Department of Audits ........ $
1. Operations .............................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
2. Tax Ratio Study ......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Budget Unit Object Classes:
Operations .............................. $ Tax Ratio Study ......................... $ Authorized Motor Vehicles Total Positions Budgeted

5,425,000
5,075,000 5,075,000 5,075,000
350,000 350,000 350,000
5,075,000 350,000 28 150

PART II. JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court .............. $

2,387,894

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, how
ever, that the listed appropriation shall be increased by

308

JOURNAL OF THE SENATE

the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Pro vided, however, that the sum of $7,500 shall be allocated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as pro vided in Georgia Laws 1953, Nov.-Dec. Session, pp. 478481 (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. Budget Unit: Superior Courts .............. $ 19,730,053

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 Dis trict 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 dur ing the fiscal year, and by the amount of $17,000 per an num for each additional District Attorney Emeritus posi tion 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 Regular Session of the General Assembly immediately preceding this State Fiscal Year.
Provided, that of the above appropriation relating to Superior Courts, $446,539 is designated and committed for the Prosecuting Attorneys' Council for operations and $82,184 is designated and committed for the Sentence Review Panel.
Provided, however, of the above appropriation

THURSDAY, JANUARY 20, 1983
$10,000 is designated and committed to permit Judges with less than five years of experience to attend the Judi cial College.
Total Positions Budgeted

309 458

Section 5. Court of Appeals. Budget Unit: Court of Appeals ............. $

2,652,951

For the cost of operating the State Court of Appeals, including salaries and retirement contributions of judges and employees of the Court and for the Emeritus Judges of the Court. Provided, however, that the listed appropri ation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year.

Total Positions Budgeted

55

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

781,731
494,178 60,000
227,553 781,731 781,731
20

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

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

190,000

For the cost of purchasing and distributing the re ports (decisions) of the appellate courts to Judges, Dis trict Attorneys, Clerks and others as required by Code Chapter 90-2 (Art. 2, Chap. 18 of Title 50).
Total Positions Budgeted

310

JOURNAL OF THE SENATE

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 Report ing.
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

45,788
15,486 1
104,384 3
13,970
537,658 20

THURSDAY, JANUARY 20, 1983

311

PART III. EXECUTIVE BRANCH

Section 13. Department of Administrative Services.

A. Budget Unit: Department of

Administrative Services ..........

$

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

2. Departmental Administrative Budget:

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

31,044,488
219,910 5,688 1,600 --0-- 100 --0-- --0-- 12,516 3,600 13,455
256,869 256,869
6
1,069,715 155,447 11,000
--0-- 10,820
952 30,000 47,817 16,449 --0--
1,970,802
375,200
1,200,000
850,000 5,738,202 5,665,802
42

312

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 Public Safety Officers
Indemnification Fund ...... Total Funds Budgeted ....... State Funds Budgeted ....... Total Positions Budgeted
4. Central Supply Administration Budget:
Personal Services ..................... $
Regular Operatinj penses ............... $ Travel ......... ..................... $ Motor Vehicle Eq lent Purchases ........ $ Publications and Print.iinng .................. $ Equipment Purchases ..................... $ Computer Charges . . ..................... $ Real Estate Rentals . ..,.....'............. $ Telecommunications . ..................... $ Per Diem, Fees and CContracts ............. $ Materials for Resale . ..................... $ Utilities............ ..................... $ Total Funds Budgeted .................... $ Total Expenditures Anathorized ............. $ 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

864,780 80,103 6,000
_ o-- 10,000 --0-- 4,582,447 27,851 12,510 --0--
478,345 6,062,036 3,763,270
29
247,875 297,207
--0-- 1,003 -- 0-- 1,400 -- 0-- 61,179 -- 0-- 1,000 5,400,000 -- 0-- 6,009,664 6,009,664 -- 0--
15
1,211,198 113,823 7,250
29,000 447
190,590 56,502 34,500 _ o-- 1,643,310 1,643,310
50

THURSDAY, JANUARY 20, 1983
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
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
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 . .

313
304,217 7,529 6,550 --0-- 9,800 150 18,000 12,165 29,779
388,190 388,190
--0-- 13
256,079
7,320
1,500
16,676,476 1,410,817
60,000
230,800 56,319
280,000
16,776,942 1,024,536
309,543 2,270,896
837,692

314

JOURNAL OF THE SENATE

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

39,934,021 39,934,021 13,302,685
661

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

389,011 1,479,866
--0-- 235,000
--0-- 8,000 --0--
720 --0-- --0-- 2,112,597 2,112,597 --0--
22

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

2,473,852 364,761 11,000
50,600 59,000 21,380 164,823 57,503
385 5,000 26,395,620 29,603,924 29,603,294 6,000,000
108

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

1,410,732 1,559,230
--0-- --0-- --0-- 50,000 --0-- 128,170 --0-- 400,000 --0--

THURSDAY, JANUARY 20, 1983

315

Total Funds Budgeted .................... $ Total Expenditures Authorized ............. $ State Funds Budgeted .................... $ Total Positions Budgeted
12. Surplus Property Services Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing ................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Materials for Resale ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted ....................$ Total Positions Budgeted
13. Mail and Courier Services Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Materials for Resale ...................... $ Per Diem, Fees and Contracts ............. $ 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 .................. ...S Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Materials for Resale ...................... $ Per Diem, Fees and Contracts ............. $

3,548,132 3,548,132
--0-- 69
723,902 260,552 25,300
--0-- 16,000 7,400 2,200 6,000 13,170 25,000 12,000 23,980 1,115,504 117,096
39
157,942 117,120
2,239
277,301 277,301
--0-- 10
531,026 21,673 24,500 --0-- 2,500
900 60,000 26,227 9,179 ---0-- 20,000

316

JOURNAL OF THE SENATE

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

696,005 696,005
--0-- 22

Budget Unit Object Classes:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment
Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Rents and Maintenance Expense ........... $ Utilities .................................$ Payments to DOAS Fiscal
Administration ......................... $ Direct Payments to Georgia
Building Authority for Operations ............................ $ Direct Payments to Georgia Building Authority for Capital Outlay ......................... $ Direct Payments to Georgia Building Authority for Authority Lease Rentals ................ $ Direct Payments to Georgia Building Authority for Floyd Building Operations ............... $ Telephone Billings ........................ $ Materials for Resale ..................... $ Public Safety Officers Indemnity Fund........................ $ Total Positions Budgeted Authorized Motor Vehicles

26,536,715 5,881,136
154,700
286,603 368,420 147,876 5,333,060 1,481,424 435,345 889,147 16,776,942 23,980
2,270,896
375,200
1,970,802
850,000
1,200,000 26,395,620 5,825,000
478,345 1,096 284

It is the intent of this General Assembly that the Of fice of Planning and Budget and all other agencies of State government utilize federal funds wherever possible in connection with Worker's Compensation and Unem ployment Compensation payments, and that no such pay ments shall be made to or on behalf of anyone other than bona fide State employees.
It is the intent of this General Assembly that income to the Department of Administrative Services from user agencies shall not exceed the maximum amounts listed below for each service activity:

THURSDAY, JANUARY 20, 1983

317

General Services ......................... $ Data Processing Service ................... $ Motor Pool Service ....................... $
Communication Services .................. $ Printing Services ......................... $ Total ...................................$

388,190 39,934,021 2,112,597
29,603,924 3,548,132
75,586,864

except to provide general salary increases authorized for
all State employees, or unless there is a corresponding fund availability, with prior budgetary approval, in the appropriate object class or classes of user agency or agen cies for which the Department provides service.

Provided further, the State Auditor shall report any exceptions or violations of this intent in the annual financial audit of the Department of Administrative Ser vices.

Provided, it is the intent of this General Assembly that the Department shall not purchase, lease, or leasepurchase any additional computer hardware other than
that which is authorized in this appropriations Act, unless funds are available for this purpose in the user agencies.

B. Budget Unit: Georgia Building Authority ................

Georgia Building Authority Budget:

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

11,050,940 2,487,369
4,000
32,000
110,000
32,000 60,000 115,000 1,970,802 1,039,500 4,700,000
--0-- 21,601,611
507

Budget Unit Object Classes:

Personal Services............ Regular Operating Expenses . .

11,050,940 2,487,369

318

JOURNAL OF THE SENATE

Travel ..................................$ Motor Vehicle Equipment
Purchases ............................. $ Publications and Printing ................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Outlay ........................... $ Authority Lease Rentals .................. $ Utilities .................................$ Facilities Renovations
and Repairs ........................... $ Total Positions Budgeted Authorized Motor Vehicles

4,000
--0-- 32,000 110,000 --0-- 32,000 60,000 115,000 1,970,802 1,039,500 4,700,000

The Authority is authorized to increase the amount budgeted for Facilities Renovations and Repairs by such amounts as are approved for other Agencies or Authori ties 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............................ $ 21,920,739

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

3,572,578 303,871 102,715 54,211 28,000 70,610 --0-- 2,553 42,381 --0--
4,176,919 3,562,126
168

2. Animal Industry Budget:

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

1,193,752 118,480 43,500 42,490 9,500 700

THURSDAY, JANUARY 20, 1983

319

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
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 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 Markets .............. $ Total Funds Budgeted .................... $

--0-- --0-- 46,563 75,000
448,019
823,556
991,000 498,500
71,000 --0-- 4,362,060 4,007,204
56
877,604 137,440 53,000
6,087 13,980 2,275 --0-- --0-- 38,250 27,000 55,000
95,000 1,305,636 1,299,386
40
1,882,500 773,438 10,050 23,100 6,000 13,425 --0-- --0-- 36,720 35,000 24,650
264,000 3,068,883

320

JOURNAL OF THE SENATE

State Funds Budgeted .................... $ Total Positions Budgeted
5. General Agricultural Field Forces Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted ..................... $ State Funds Budgeted .................... $ Total Positions Budgeted
6. Internal Administration Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Contract--Federation of
Southern Cooperatives .................. $ Payments to Georgia Agrirama
Development Authority. ................. $ 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 ............

584,480 103
2,008,349 118,404 168,190 --0-- 4,000 1,900 --0-- 3,600 19,000 200
2,323,643 2,323,643
108
1,296,671 214,138 27,500 6,087 14,000 3,220 128,362 515,900 43,000 1,000
10,000
263,613 2,523,491 2,479,123
54
138,083 14,140
600
370,000 1,725
6,732 --0-- 590,432 1,121,712

THURSDAY, JANUARY 20, 1983

321

State Funds Budgeted ............ Total Positions Budgeted

1,121,712 9

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

1,265,543 232,373 89,100 121,300 4,500 16,100 --0--
15,964 --0-- 1,744,880 1,741,380
71

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

676,441 66,051 17,500 22,250 4,000
20,502 500
807,244 807,244
29

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

3,017,089 132,323 155,600 30,958 8,200 3,300
6,240 34,000
3,387,710 2,653,307
126

322

JOURNAL OF THE SENATE

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
13. 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
Budget Unit Object Classes:
Personal Services................. Regular Operating Expenses ....... Travel ..........................

2,722,460 77,466 147,119 29,000 3,542 660 19,584 114,300
3,114,131 1,241,134
122
100,000 100,000 100,000
178,732 7,400 3,000
18,829,802 2,195,524
817,874

THURSDAY, JANUARY 20, 1983

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. ...........

Payments to Georgia Agrirama

Development Authority for

Operations ..................

Repairs and Maintenance

Projects at Minor Markets ....

Repairs and Maintenance

Projects at Major Markets ....

Contract--Federation of

Southern Cooperatives ........

Capital Outlay.................

Total Positions Budgeted

Authorized Motor Vehicles

323
335,483 465,722 113,915 128,362 528,293 322,696 242,650 590,432
100,000
448,019
823,556
991,000 498,500
71,000 90,000

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 committed for poultry shows relating to research and promoting.
Provided, that of the above appropriation, the De partment is authorized and directed to notify dairy farm ers of milk-sample test results after each test.
Provided, that of the above appropriation relating to Repairs to Major and Minor Markets, no expenditure shall be made without prior approval of the Georgia Building Authority (Markets).
It is the intent of this General Assembly that the Department of Agriculture shall not increase farmers

324

JOURNAL OF THE SENATE

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.
Provided, however, of the above appropriation for Fire Ant Bait (approved by Federal Government), State funds in the amount of $100,000 are designated and com mitted for the purpose of purchasing fire ant bait ap proved by the Federal Government and shall not be ex pended for any other purpose, and shall not be transferred to any other object class by the Fiscal Affairs Sub-Committees.
B. Budget Unit: Georgia Agrirama Development Authority ................. $
Georgia Agrirama Development Authority Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Outlay ........................... $ Goods for Resale......................... $ 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........................... $ Goods for Resale......................... $ Total Positions Budgeted Authorized Motor Vehicles

--0--
417,353 91,104 6,160 --0-- 5,300 7,030 ---0-- --0-- 5,500 94,483 206,024 80,100 913,054 --0--
27
417,353 91,104 6,160 ---0--
5,300 7,030 ---0-- --0-- 5,500 94,483 206,024 80,100
27 5

THURSDAY, JANUARY 20, 1983

325

Provided, the Authority is hereby authorized to budget additional agency income for the purpose of pro viding a retirement plan for its employees.

Section IS. 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

3,278,089
2,698,765 142,485 234,000 --0-- 36,000 6,100 9,889 117,450 31,400 2,000
3,278,089 3,278,089
102
2,698,765 142,485 234,000 ---0-- 36,000 6,100 9,889 117,450 31,400 2,000 102 21

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

4,170,778
514,659 38,060 10,000 --0-- 7,500

326

JOURNAL OF THE SENATE

Equipment Purchases ........... Computer Charges ............. Real Estate 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-- 100
91,779 11,000 9,000 50,000 --0--
1,316,250
110,000 348,000 2,506,348 2,429,297
18

2. Technical Assistance Budget:

Personal Services

.... $

Regular Operatin Expenses ........... .... $

Travel .........

.... $

Motor Vehicle E( pment Purchases .... .... $

Publications and inting .............. .... $

Equipment Purchase5sS ................. .... $

Computer Charges

.... $

Real Estate Rentals

.... $

Telecommunications

.... $

Per Diem, Fees and. Contracts ......... .... $

Juvenile Justice Gramnts. ............... .... $

Total Funds Budget:eed ................ .... $

State Funds Budgeted ................ .... $

Total Positions Budgeted

642,621 24,027 36,000 6,200 8,150 -- 0--
900 29,349 13,150 29,100 1,000,000 1,789,497 694,035
24

3. Community 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 ..... Appalachian Regional
Commission Assessment ......... Total Funds Budgeted ............ State Funds Budgeted ........... Total Positions Budgeted

833,175 30,000 52,505 --0-- 10,000
2,000 40,000 30,000 30,000
56,720 1,084,400
644,540 29

THURSDAY, JANUARY 20, 1983

327

4. Intergovernmental 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 ..............$
Budget Unit Object Classes:
Personal Services ......................... $ 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
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 ..................... $

444,886 12,188 16,710 --0-- 18,450 --0-- 4,000 21,232 18,500 4,650
540,616 402,906
14
2,435,341 104,275 115,215 6,200 44,100 --0-- 7,000 182,360 72,650 72,750 50,000
1,316,250 348,000
110,000
56,720 --0-- 1,000,000
85 4
--0--
1,666,686 176,864 85,400
55,000 40,500 32,750

328

JOURNAL OF THE SENATE

Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Rental Assistance Payments ............... $ Grants to Housing Sponsors ............... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles
Budget Unit Object Classes:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment
Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ..................... $ Per Diem, Fees and Contracts ............. $ Rental Assistance Payments ............... $ Grants to Housing Sponsors ............... $ Total Positions Budgeted Authorized Motor Vehicles

14,500 102,556 75,500 300,650 10,264,214 475,000 13,289,620
--0-- 73 29
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
2. Insurance Regulation Budget:
Personal Services................. Regular Operating Expenses .......

5,650,311
525,215 89,128 2,445 --0-- 5,925
1,655 232,080
--0-- 14,393 --0-- 870,841 858,844
20
1,051,545 48,248

THURSDAY, JANUARY 20, 1983

329

Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications 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. 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..........

2,683 ---0-- 90,921
280 69,585 17,632 23,650
3,000 1,307,544 1,222,544
46
362,954 20,884 14,810 5,500
997
5,536
410,681 410,681
13
965,321 36,566 16,442 7,250 2,366 --0-- --0-- 18,992 31,263 --O-- 1,078,200 1,078,200
43
2,035,225 93,330 126,150 87,000 11,935

330

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 .............. Per Diem, Fees and Contracts Total Positions Budgeted Authorized Motor Vehicles

2,200 --0-- 32,168 27,022 10,000 2,425,030 2,080,042
101
4,940,260 288,156 162,530 99,750 112,144 4,135 301,665 68,792 101,864 13,000 223 57

Section 18. Department of Defense.
Budget Unit: Department of Defense
1. Office of the Adjutant General Budget:
Personal Services................ 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 ......... Total Funds Budgeted ............. State Funds Budgeted ............. Total Positions Budgeted
2. Georgia Emergency Management Agency Budget:
Personal Services.................. Regular Operating Expenses ........ Travel ........................... Motor Vehicle Equipment Purchases .

$ 2,638,760
610,938 23,678 2,580 8,000 3,500 --0-- --0-- --0-- 700 10,000
659,396 588,274
21
893,517 100,570 29,870
--0--

THURSDAY, JANUARY 20, 1983

331

Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ...........$ Utilities...... .......................... $ Civil Air Patrol Contract.................. $ Local Civil Defense Grants--
Project Application ..................... $ Local Civil Defense
Grants--Training ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
3. Georgia Air National Guard Budget:
Personal Services ........................ $ Regular Operating Expenses ............... $ Travel ................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities. ................................$ Capital Outlay ........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
4. Georgia Army National Guard Budget:
Personal Services ........................ $ Regular 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........................... $ Georgia Military Institute Grant ........... $ Grants to National Guard Units. ........... $ Repairs and Renovations .................. $ Total Funds Budgeted .................... $

18,910 350
--0-- 6,200 35,750 52,140 19,700 40,000
30,000
45,000 1,272,007
466,160 36
1,149,051 299,413 800 --0-- 1,350 --0--
--0-- 626,531
--0-- 2,077,145
269,705 62
1,575,286 539,148 2,700 --0-- 14,900 10,000 --0-- --0-- 22,800 10,800 517,400 5,242 15,000 362,140 114,500
3,189,916

332

JOURNAL OF THE SENATE

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

1,314,621 84
4,228,792 962,809 35,950 8,000 38,660 10,350 --0-- 6,200 59,250 72,940
1,163,631
--0-- 362,140
15,000 40,000
5,242
30,000
45,000 114,500
203 20

Section 19. State Board of Education Department of Education.

A. Budget Unit: Department of Education ...............

$1,370,624,749

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

4,292,278 715,711 252,543 ---0-- 216,533 15,850 158,280 119,980 189,813 3,250
5,964,238
51,000 3,303,004
168

THURSDAY, JANUARY 20, 1983

333

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
5. State Administration Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Real Estate Rentals ...................... $

280,436 24,635 4,725 ---Q--
1,600 825
--0-- 5,695 348,670 666,586 663,006
2
2,941,849 264,501 178,688 --0-- 54,990 6,935 146,498 86,617
1,905,515 11,870
5,597,463 1,976,975
101
954,829 165,645 13,875 12,000
6,200 123,065 41,760 180,000 11,710 1,509,084 781,611
42
1,012,829 286,501 45,130 --0-- 18,156 56,586 67,900

334

JOURNAL OF THE SENATE

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

31,100 217,000 1,735,202 1,179,109
32
4,605,748 219,669 218,441 --0-- 178,466 6,250
1,148,350 261,670 113,630 591,845 6,895
7,350,964 289,000
4,498,931 191
540,305 27,200
500 --0-- 5,000 7,500 --0-- --0-- 17,820 --0-- 598,325 569,188
31
2,160,176 84,645 81,483 --0-- 72,090 2,350 140,230 61,558
1,070,691 3,673,223 2,948,875

THURSDAY, JANUARY 20, 1983
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
12. Local Programs Budget:
APEG Grants:

335
68
57,065 6,500 1,800 5,000 ---0-- 4,700 2,792 58,803 136,660 116,660
2
83,918 14,160 7,000 ---0-- 10,000 2,600 ---0-- 7,000 3,830 25,000 153,508 ---0--
3
222,620 8,585 11,846
600
20,150 5,930 29,200 298,931 298,931
7

336

JOURNAL OF THE SENATE

Salaries of Instructional

Personnal (Sec. 10(a) (1)

and 10(a) (2)) (Code

Section 20-2-157(a)).................. $ 567,789,630

Salaries of Instructional

Personnel (Sec. 5) (Code

Section 20-2-152) .................... $ 98,419,476

Salaries of Instructional

Personnel ........................... $ 22,509,945

Salaries of Student

Supportive Personnel.................. $ 25,012,012

Salaries of Administrative

and Supervisory

Personnel ........................... $ 66,613,617

Special Education

Leadership Personnel ................. $ 3,160,500

Instructional Media..................... $ 19,834,916

Intructional Equipment. ................. $ 686,791

Maintenance and Operation.............. $ 92,543,284

Sick and Personal Leave ................ $ 5,509,694

Travel ...............................$ 1,007,283

Pupil Transportation .................... $ 83,006,764

Isolated Schools ........................ $ 527,073

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

--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 Multihandicapped ......................... $ Severely Emotionally Disturbed ........................... $ Compensatory Education ................ $ School Lunch (Federal) ................. $ School Lunch (State) ................... $ Supplementary Education Centers and Services .................. ^ Staff Development...................... $ Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification ................... $ Special Project Grants .................. $ Cooperative Educational Service Agencies ..................... $ Superintendents' Salaries ................ $ High School Program ................... $

89,060,791 101,717,505
21,441,620
65,000
1,172,000
15,114,738 15,850,399 101,184,050 14,505,580
19,256 753,500
3,474,755 --0--
3,719,736 4,850,714 26,029,314

THURSDAY, JANUARY 20, 1983

337

Area Vocational-Technical

Schools ............................. $ 55,963,896

Career Education ...................... $ 163,381

Junior College Vocational

Program ............................ $ 2,351,702

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

Comprehensive Employment

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

Vocational Research and

Curriculum ......................... $ 374,707

Adult Education ....................... $ 3,614,899

Salaries and Travel of

Public Librarians..................... $ 4,243,255

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

Talking Book Centers ................... $ 666,258

Public Library Maintenance

and Operation ....................... $ 2,671,286

Public Library Construction ............. $ 400,000

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

Teacher Health Insurance ............... $ 33,701,580

Capital Outlay ......................... $ 109,500

Grants to Local School

Systems for Educational

Purposes ............................ $ 75,000,000

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

--0--

Salaries of Extended

Pre-School Personnel ................ $ 10,663,648

Chapter II--Block Grant

Flow Through ....................... $ 8,877,696

Nutrition Education .................... $

36,000

Total Funds Budgeted .................... $1,603,236,499

State Funds Budgeted .................... $1,354,288,459

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

17,152,053 1,817,752 816,031
--0-- 574,435 105,096 1,148,350 929,493 490,712 4,616,537 33,725

338

JOURNAL OF THE SENATE

APEG Grants:

Salaries of Instructional

Personnel (Sec. 10(a) (1)

and 10(a) (2)) (Code

Section 20-2-157(a)).................. $ 567,789,630

Salaries of Instructional

Personnel (Sec. 5) (Code

Section 20-2-152) .................... $ 98,419,476

Salaries of Instructional

Personnel ........................... $ 22,509,945

Salaries of Student

Supportive Personnel.................. $ 25,012,012

Salaries of Administrative

and Supervisory

Personnel ........................... $ 66,613,617

Special Education

Leadership Personnel ................. $ 3,160,500

Instructional Media..................... $ 19,834,916

Instructional Equipment................. $ 686,791

Maintenance and Operation.............. $ 92,543,284

Sick and Personal Leave ................ $ 5,509,694

Travel ................................$ 1,007,283

Pupil Transportation--

Regular......;...................... $ 83,006,764

Isolated Schools ........................ $ 527,073

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

--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 ...........

$ 89,060,791 $ 101,717,505
$ 21,441,620
65,000 1,172,000 15,114,738 15,850,399 101,184,050 14,505,580
19,256 753,500
3,474,755
3,719,736 4,850,714 26,029,314

THURSDAY, JANUARY 20, 1983

339

Area School Program .................... $ Junior College Program ................. $ Quick Start ........................... $ Career Education ...................... $ 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 ........... $ Instructional Aides ..................... $ Teacher Health Insurance ............... $ Capital Outlay ......................... $ Grants to Local School
Systems for Educational Purposes ............................ $ Indo-Chinese Refugee ................... $ Salaries of Extended Pre-School Personnel.................. $ Area Vo-Tech School Construction ......................... $ Nutrition Education .................... $ Chapter II--Block Grant Flow Through ......................... $ Total Positions Budgeted
Authorized Motor Vehicles

55,963,896 2,351,702 2,800,000
163,381
3,595,000
374,707 3,614,899
4,243,255 3,515,912
666,258 2,671,286
400,000 8,907,836 33,701,580
109,500
75,000,000 --0--
10,663,648
--0-- 36,000
8,877,696 647 6

B. Budget Unit: Institutions .........

$ 14,692,108

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

2,436,237 255,898 3,200 22,857 2,845 2,520 16,700 9,000 163,165
14,775
2,927,197 2,651,534
149

340

JOURNAL OF THE SENATE

2. Georgia School for the Deaf Budget:

Personal Services.................

$

Regular Operating Expenses .......

$

Travel ..........................

$

Motor Vehicle Equipment Purchases

$

Publications and Printing..........

$

Equipment Purchases .............

$

Telecommunications ..............

$

Per Diem, Fees and Contracts .....

$

Utilities.........................

$

Capital Outlay...................

$

Total Funds Budgeted ............

$

State Funds Budgeted ............

$

Total Positions Budgeted

3. Atlanta Area School for the Deaf Budget:

Personal Services.................

$

Regular Operating Expenses .......

$

Travel ..........................

$

Motor Vehicle Equipment Purchases

$

Publications and Printing..........

$

Equipment Purchases .............

$

Telecommunications ..............

$

Per Diem, Fees and Contracts .....

$

Utilities.........................

$

Capital Outlay...................

$

Total Funds Budgeted ............

$

State Funds Budgeted ............

$

Total Positions Budgeted

4. North Georgia Vocational-Technical School Budget:

Personal Services................. Regular Operating Expenses ...... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Telecommunications .............. Per Diem, Fees and Contracts ..... Utilities......................... Capital Outlay................... Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted

5. South Georgia Vocational-Technical School Budget:

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

4,334,472 537,319 5,300 5,958
17,349 21,285 12,650 306,000 4,000 5,244,333 4,868,390
249
1,809,880 181,825 5,843
1,081 36,900 22,626 56,351 110,000
2,224,506 1,961,926
93
2,390,072 662,491 17,402
4,000 244,685
15,265
274,480 103,214 3,711,609 2,799,523
104
1,911,919

THURSDAY, JANUARY 20, 1983

341

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
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

507,377 12,000
1,500
228,430 17,290 11,750
260,000 55,000 3,005,266 2,410,735
90
12,882,580 2,144,910
43,745
28,815 9,426 529,884 93,166 89,751 1,113,645 176,989
685 80

Provided, that none of the State funds appropriated above may be expended to initiate or commence any new program or project which would create a continuing obli gation of the current funds of the State, unless such pro gram or project has been authorized by the General As sembly.
Provided, that where teaching personnal are paid in whole or in part from funds other than State-local funds, the fund source from which such salary is paid shall bear the pro rata part of the cost of employer contributions 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 emotionally handi capped 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

342

JOURNAL OF THE SENATE

Kindergarten Transportation, funds shall initially be al lotted to local school systems on the basis of projected miles for mid-day transportation. However, allotments shall not exceed actual cost of midday transportation by the local system.
Provided, however, in order to permit extension of the half-day kindergarten program to a full-day program, local systems may elect to use mid-day transportation al lotments to employ aides or certificated instructional per sonnel on a reimbursable basis to the extent that the $11,491 per unit will allow. Where the transportation al lotment is used to employ additional personnel, reimburs able costs shall include salary, retirement and health in surance where eligible.
Provided, that of any State Funds appropriated to lo cal systems for classroom teacher salaries on the basis of Average Daily Attendance in grades 1 through 7, such teachers shall be used in the school where earned and shall be used only for the purpose of funding regular (general education) classroom teachers in grades where earned.
Provided, that of the above appropriation, relative to special education $30,000 is designated and committed for payment to the Houston County Board of Education for payment to Houston County Speech and Hearing School, and $30,000 is designated and committed for payment to the Houston County Board of Education for payment to Houston County Happy Hour School.
Provided, further, funds appropriated for Mainte nance and Operation, Sick and Personal Leave and In structional Media, for all Special Education Teachers, payments shall not be made until the allotted teaching unit prior to such unit being 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.
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 stu dents in average daily attendance.
Provided, that local school systems, in accordance with State Board policy, may use additional instructional units earned in grades 1 - 2 to employ either certificated or licensed instructional personnel in those grades. Fund ing for licensed instructional personnel shall include sala ries as provided for in APEG Section 10b(2) (Code Sec-

THURSDAY, JANUARY 20, 1983
tion 20-2-157(b)(2)) and Section 15 (M&O) (Code Section 20-2-160).
Provided, that of the above appropriation for $753,500 for Staff Development, $30,000 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 de velopment 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 202-181(d)(2)) for salaries, funds may be moved between 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 Planning and Budget.
Provided, that of the above appropriation relative to Compensatory Education, $12,265,399 is designated and committed for a compensatory education program for students in grades 3 through 8 and shall be used for re medial 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 lo cal school construction shall be used to complete the funding of those projects for which F.Y. 1983 entitle ments 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 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 pur poses only. These funds will be used for compensatory ed ucation 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 ............................... $

343 --0--

344

JOURNAL OF THE SENATE

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
Budget Unit Object Classes:
Personal Services ......................... $ Regular 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

566,512 14,121 8,400 --0-- 17,600 4,500 166,377 55,535 11,633
390,725 46,360 --0-- 1,281,763 --0--
28
566,512 14,121 8,400 --0-- 17,600 4,500 166,377 55,535 11,633
390,725 46,360 --0--
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 .................... $

20,823,075
928,270 774,345
5,047 12,575 2,325 10,600 --0-- --0-- 10,225 16,560 --0-- 1,759,947 425,107

THURSDAY, JANUARY 20, 1983

345

Total Positions Budgeted
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
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 ..................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
4. Wood Energy Budget:
Wood Energy Program.................... $ 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 ..................... $

34
15,330,801 3,717,125
87,359
618,275 23,300 913,830 --0-- 10,130 450,000 26,121 60,000 46,468 21,283,409 18,677,409
794
673,583 98,170 15,589 12,815 43,500 2,550 198,867 --0-- 18,200 5,685 252,000 1,320,959 1,320,559
25
400,000 400,000 400,000
4
16,932,654 4,589,640
107,995
643,665 69,125 926,980

346

JOURNAL OF THE SENATE

Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Contractual Research ..................... $ Ware County Grant ...................... $ Wood Energy Program.................... $ Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles

198,867 10,130 478,425 48,366 252,000 60,000 400,000 46,468
857 751

It is the intent of this General Assembly that the Forestry Commission have authority to control the appli cation of the Contractual Research funds in the above appropriation.

Section 22. Georgia Bureau of Investigation.
Budget Unit: Georgia Bureau of Investigation.......................
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
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 .........................

$ 16,072,421
510,772 76,919 6,500 --0-- 3,400
1,560 6,921 31,000 21,370 2,900 5,500
666,842 666,842
21
7,081,638 995,298 374,800 514,153 12,100 60,612
119,455 221,812
3,000 200,000
6,300

THURSDAY, JANUARY 20, 1983

347

Capital Outlay ....................... .... $ Total Funds Budgeted ................ . $ Indirect DOAS Services Funding ....... .... $ State Funds Budgeted ................ .... $ Total Positions Budgeted

--0--
9,589,168 12,505
9,576,663 241

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

2,367,112 396,240 23,200 30,000 5,600 76,400 43,041 12,686 77,300 300 19,000 -- 0--
3,050,879 3,050,879
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 DOAS Services Funding ....... .... $

State Funds Budgeted ................ . ... $

Total Positions Budgeted

1,811,733 100,000 8,800 --0--
50,000 21,000 1,718,399
3,600 392,000 40,000 20,000 4,165,532 1,387,495 2,778,037
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 .................. ... . $

11,771,255 1,568,457 413,300
544,153 71,100 159,572
1,768,361 166,741

348

JOURNAL OF THE SENATE

Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Evidence Purchased ...................... $ Postage ................................. $ Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles
Provided, however, that the Department is author ized to use funds, appropriated above for Personal Ser vices, in the Investigative Division, to upgrade one posi tion per region when designated as Assistant Special Agent in Charge in accordance with recommendations of the Merit System of Personnel Administration.

712,482 46,200 200,000 50,800 --0--
448 274

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

--0--
891,368 32,500 8,000 --0-- 2,000 9,983 17,135 52,075 12,100 110,000
1,135,161 1,135,161
--0-- 29

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

891,368 32,500 8,000 --0-- 2,000 9,983 17,135 52,075 12,100 110,000
29 0

THURSDAY, JANUARY 20, 1983

349

Section 24. Office of the Governor.
A. Budget Unit: Governor's Office. .
1. Governor's Office Budget:
Cost of Operations ....................... $ Transition Allowance ..................... $ Mansion Allowance....................... $ Governor's Emergency Fund ............... $ Intern Stipends and Travel ................ $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

4,201,541
1,650,237 50,000 40,000
2,000,000 118,500
3,858,737 3,858,737

There is hereby appropriated a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor at his dis cretion in any emergency that he may determine requires expenditure of any part of said fund. Expenditures from this fund shall be made in accordance with other provi sions of State law and the Constitution.
Provided, however, that the listed appropriation shall be increased by the amount incurred in ordering the or ganized 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:
Cost of Operations ....................... $ Transition Allowance ..................... $ Mansion Allowance....................... $ Governor's Emergency Fund ............... $

354,426 8,499 10,500
20,132 8,172 10,000 412,804 342,804
15
1,650,237 50,000 40,000
2,000,000

350

JOURNAL OF THE SENATE

Intern Stipends and Travel ........ Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ... Total Positions Budgeted Authorized Motor Vehicles
Budget Unit: Office of Planning and Budget................
1. General Administration and Support Budget:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............ Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ... Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted ..........
2. Council of the Arts Budget:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ..... Art Grants--State Funds.......... Art Grants--Federal Funds........ Art Grants--Donations ........... Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted

118,500 354,426
8,499 10,500 --0-- 1,075 --0-- --0-- 20,132 8,172 10,000
15
6,624,105
480,382 91,800 6,800 33,000
172,476 10,000 68,000
862,458 849,121
13
19,745 5,825 6,500 ,342,806 281,525 20,000 ,847,746 ,546,221

THURSDAY, JANUARY 20, 1983
3. Educational Development Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ....... $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted ...................$ State Funds Budgeted .................... $ Total Positions Budgeted
4. Intergovernmental Relations Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
5. Management Review Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ....... $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
6. Human Development Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $

351
295,320 1,300 5,500 --0-- --0-- 327 4,000 --0-- 3,500 8,000
317,947 309,771
8
206,243 2,597 27,000 --0--
9,000 1,000 245,840 245,840
6
596,855 750
5,500 --0-- 1,200 --0-- 40,000 --0-- 8,000 --0-- 652,305 635,749
20
362,212 1,300 4,000 --0-- --0--

352

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

4,400
371,912 361,845
11
957,510 32,500 11,000 --0-- 6,000 1,600 6,426 56,062 88,000 4,000
1,163,098 821,198 42
229,162 18,500 27,500 --0-- 64,500 --0-- 4,000 --0-- 18,000
3,627,068 3,988,730
160,253 9
119,900 10,675 2,150 --0-- 8,700 --0-- 5,200 6,854 1,795 4,050

THURSDAY, JANUARY 20, 1983
Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
10. Facilities Management Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
11. Physical and Economic Development Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases .....................$ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
12. General Government and Protection of Persons and Property Budget:
Personal Services ......................... $ Regular Operating Expenses ...............$ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Postions Budgeted

353
159,324 159,324
4
107,053 300
5,600 --0-- 2,000 ---0-- 99,332 --0-- 3,000 35,000 252,285 249,321
3
325,912 2,500 8,000 --0-- --0-- 130 --0-- --0-- 8,000 3,000
347,542 347,542
11
365,583 1,850 5,800 --0-- --0-- --0-- --0-- --0-- 5,000 --0--
378,233 378,233
11

354

JOURNAL OF THE SENATE

13. Consumer's Utility Counsel Budget:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ..... Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted
14. Criminal Justice Coordinating Council Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications 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

278,867 11,000 3,000
--0-- 15,397 5,900 30,000 344,864 344,864
10
167,104 8,900 8,575 --0-- 4,500 --0-- --0-- 6,875 4,050 14,819
214,823 214,823
5
4,647,546 192,314 123,485 --0-- 125,100 2,057 158,958 277,409 174,470
3,801,437 1,342,806
281,525 20,000
161 0

Provided, however, that of the above appropriation relative to Art Grants--State Funds, not less than 95% of

THURSDAY, JANUARY 20, 1983

355

the State-Funded Art Grants is designated and commit ted for Grants to Counties, Cities and Non-Profit Organi zations in the State of Georgia.

Section 25. Grants to Counties and Municipalities.
Budget Unit: Grants to Counties and Municipalities ..................
1. Grants to Counties ...... Total Funds Budgeted . . . State Funds Budgeted . , .
2. Grants to Municipalities . Total Funds Budgeted . . . State Funds Budgeted . . .
Budget Unit Object Classes:
Grants to Counties ...... Grants to Municipalities .

6,800,000
2,600,000 2,600,000 2,600,000
$ 4,200,000 $ 4,200,000 $ 4,200,000
$ 2,600,000 $ 4,200,000

Provided, that the above sums shall be distributed and disbursed to the various counties and municipalities on a quarterly basis, such payments to be made on the last day of each calendar quarter.

Section 26. Department of Human Resources.
A. Budget Unit: Departmental Operations ..........................
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 ........

$ 229,939,117

$ 14,778,693
$ 2,615,081 $ 539,793

$

$ 122,032

$

92,466

$ 1,149,053

$ 2,782,726

$ 540,440

$ 944,519

$ 153,200

$ 536,700

$

$ 24,254,703

$ 638,212

356

JOURNAL OF THE SENATE

Indirect GBA Funding .... Agency Funds ........... Social Services
Block Grant Funds ..... State Funds Budgeted .... Total Positions Budgeted Authorized Motor Vehicles

11,777,024
1,159,395 10,680,072
680 7

General Administration and Support Functional Budgets

State Funds

Pos.

Commissioner's Office .... $ 523,208

$ 523,208

13

Child Care Licensing .... $ 1,280,889

$ 1,280,889

55

Laboratory Improvement . $ 520,213

$ 428,713

19

Child Support Recovery . . $ 7,244,277

$ 626,259

306

Contract Management ... $ 184,682

$ 184,682

7

Public Affairs........... $ 357,088

$ 357,088

12

Office of Administrative

Appeals .............. $ 766,150

$ 766,150

27

Health Care Facilities

Regulations........... $ 1,671,607

$ 577,607

60

Radiological Health .....$ 431,741

$ 431,741

16

Administrative Policy,

Coordination

and Direction ......... $ 2,493,745

$ 2,493,745

4

Personnel .............. $ 1,049,555

$ 986,555

45

Administrative Support

Services.............. $ 1,895,829

$ 1,667,474

52

Office of Review

and Investigation ...... $ 1,393,164

$ 325,234

44

Systems Planning,

Development and

Training ............. $ 278,750

$ 278,750

9

Compliance Monitoring .. $ 221,764

$ 221,764

7

Electronic Data Processing,

Planning and

Coordination.......... $ 385,116

$ 91,000

0

Facilities Management ... $ 2,983,490

$ 2,305,920

8

Regulatory Services--

Program Direction

and Support .......... $ 267,831

$ 267,831

8

MH/MR Advisory Council $

44,814

$ 44,814

1

Council on Family

Planning ............. $

$

1,500

0

Developmental Disabilities ........... $

$

-0-

9

Council on Maternal and

Infant Health......... $

$ 97,410

3

Community and

Intergovernmental AffairsS

$ 266,396

8

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

$ (2,904,203)

0

Undistributed ........... $ (408,832) $ (640,455) (33)

Total .................. $ 24,254,703

$ 10,680,072 680

THURSDAY, JANUARY 20, 1983

357

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

5,448,562 141,384 181,750
101,400 3,800 1,000 11,620 --0-- 100
359,000 6,272,391
496,405 1,874,870 3,901,116
240 0

Financial Management Functional Budgets

Total Funds

State Funds

Pos.

Budget Administration ... $ 1,622,575

$ 1,622,575

40

Accounting Services ..... $ 3,250,081

$ 3,250,081

160

Auditing Services ....... $ 1,806,169

$ 1,806,169

61

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

--0--

$ (2,371,275)

0

Undistributed........... $ (406,434) $ (406,434) (21)

Total .................. $ 6,272,391

$ 3,901,116 240

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

2,655,625 13,778,315
125,227
--0-- 86,696 7,296 266,082 57,600 75,250 34,007,605 275,000
204,250 --0-- 37,000

358

JOURNAL OF THE SENATE

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

$ 640,000 . $ 52,215,946

. $ 15,873,000

.$

44,143

. $ 30,422,652

. $ 5,876,151

122

111

Special Programs Functional Budgets

Total Funds

State Funds

Pos.

State Economic

Opportunity Office .... $ 249,350

$ 123,675

8

Human Development,

Director's Office ....... $ 690,084

$ 690,084

24

Child Development

Administration ........ $ 997,993

$ 271,693

35

Child Development

Contracts-- Foster Care $ 290,736

$

14,336

0

Special Projects ......... $ 597,900

$ 597,900

0

Child Development

Contracts-- Day Care . . $ 19,435,297

$ 2,595,797

0

Child Development

Contracts-- Home

Management ......... $ 158,281

$ 20,733

0

Child Development

Contracts--Outreach.. $ 758,510

$ 109,558

0

Information and Referral . $ 325,340

$ 325,340

0

Troubled Children Benefits $ 915,000

$ 915,000

0

Council on Aging ....... $

45,102

$ 45,102

1

Energy Assistance ....... $ 17,320,000

$

--0--

6

Social Services

Grant Administration . . $ 1,082,489

$ 423,446

36

Community Services ..... $ 9,712,000

$

--0--

15

Undistributed ........... $ (362,136) $ (256,513)

(3)

Total .................. $ 52,215,946

$ 5,876,151

122

4. Public Health--Program Direction and Support Budget:

Personal Services ..................... $ 2,431,493

Regular Operating Expenses ........... . $ 120,490

Travel .............................. . $

49,200

Motor Vehicle Equipment Purchases

.$

-- -0 --

Publications and Printing ............. . $

50,800

Equipment Purchases ................ . $

454

Computer Charges ................... . $ 357,368

Real Estate Rentals .................. $

Q

Telecommunications .................. $ 193,200

Per Diem, Fees and Contracts ......... . $ 119,025

Utilities ............................. . $

-- 0--

THURSDAY, JANUARY 20, 1983

359

Postage ...................... Total Funds Budgeted ......... Indirect DOAS Services Funding Agency Funds ................ State Funds Budgeted ..... Total Positions Budgeted Authorized Motor Vehicles

1,450 3,323,480
539,568 135,000
2,648,912 112 0

Public Health--Program Direction and Support Functional Budgets

Total Funds

State Funds

Pos.

Director's Office ........ $ 580,494

$ 401,494

8

Employee's Health ...... $ 257,310

$ 222,310

9

Primary Health Care ... $ 215,263

$ 212,063

7

Health Program

Management ......... $ 631,544

$ 546,544

26

Vital Records. .......... $ 981,123

$ 966,123

53

Health Services Research . $ 675,557

$ 318,189

14

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

(17,811)

$ (17,811)

(5)

Total .................. $ 3,323,480

$ 2,648,912

112

5. Public Health-- Family Health Budget:

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

Regular Operating Expenses ..........

$

Travel ............................. ... $

Motor Vehicle Equipment

Purchases ........................

$

Publications and Printing ............. ..... $

Equipment Purchases ................ . $

Computer Charges .................. ..... $

Real Estate Rentals ................. ..... $

Telecommunications .................

$

Per Diem, Fees and Contracts ....... .. $

Utilities ............................

Postage ............................ . . $

Regional Grants for Prenatal and

Postnatal Care Programs ........... ... $

Crippled Children Benefits ............ ..... $

Kidney Disease Benefits .............. ..... $

Cancer Control Benefits .............. ..... $

Contract for the Purchase of

Clotting Factor for the

Hemophilia Program ............... ..... $

Benefits for Medically Indigent

High Risk Pregnant Women and

Their Infants ....................

$

Grant to Grady Hospital for

Cystic Fibrosis Program ............ .... $

Contract with Emory University

for Cancer Research ............... ..... $

5,636,417 1,966,634
221,400
--0-- 125,199
6,780 122,703
3,500 40,500 6,441,182
16,850
3,879,000 3,163,500
577,500 1,985,000
100,000
25,000
40,000
111,000

360

JOURNAL OF THE SENATE

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

200,000 40,000
226,530 24,928,695
11,350 11,003,161 13,914,184
215 4

Public Health--Family Health Functional Budgets

Total Funds

State Funds

Pos.

Family Health

Management ........ . $ 6,215,161

$ 573,302

23

Cancer Control ........ . $ 2,621,844

$ 2,383,844

6

Crippled Children ...... $ 4,616,492

$ 2,480,740

55

Immunization .......... . $ 270,153

$

10

Maternal Health ....... . $ 242,303

$

6

Sexually Transmitted

Diseases ............ . $ 204,700

$ 204,700

6

Infant and Child Health . $ 4,587,077

$ 4,473,146

15

Diabetes .............. . $ 225,113

$ 76,011

5

Chronic Disease ........ $ 1,542,230

$ 1,542,230

22

Coordination

Education, Prevention . . $ 653,720

$

10

Malnutrition ........... . $ 591,500

$

18

Stroke and Heart Attack

Prevention ........... S 156,663

$ 156,663

6

Family Planning ....... . $ 858,939

$ 55,133

14

Epidemiology .......... $ 983,702

$ 825,517

10

Dental Health ......... $ 136,969

$ 136,969

4

Community Tuberculosis

Control ............. . $ 1,077,229

$ 1,069,029

24

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

(55,100)

$ (63,100)

(19)

Total ................. . $ 24,928,695

$ 13,914,184

215

6. Public Health--Coitnmuility 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 .................................$

2,996,: 454,: 40.' --0-- 43,400 58,365 --0-- --0-- 5,000 740,047 --0-- 13,300

THURSDAY, JANUARY 20, 1983

361

Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

4,351,572 4,000
786,772 3,560,800
137 1

Public Health--Community Health Functional Budgets

Total Funds Occupational and
Radiological Health ... $ 775,817 Laboratory Services. ..... $ 3,245,724 Emergency Health ...... $ 617,900 Undistributed ........... $ (287,869) Total .................. $ 4,351,572

State Funds

Pos.

233,045

6

3,070,724

126

544,900

16

(287,869) (11)

3,560,800

137

7. Public Health--Local Services Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment
Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ 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-In-Aid to Counties.................. $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

12,914,421 23,263,300
479,445
--0-- 30,944 14,529 386,635 195,920 154,040 9,933,592 7,050 32,150
2,000,000
45,000 75,000 175,000 1,364,000
250,000
3,600,000 30,746,391 85,667,417
129,350 42,081,321 43,456,746
540 2

362

JOURNAL OF THE SENATE

Public Health--Local Services Functional Budgets

Total Funds

State Funds

Pos.

Minimum Foundation .... $ 6,798,353

$ 6,537,579

201

Grant-In-Aid to Counties $ 30,279,920

$ 28,234,335

0

Stroke and Heart

Attack Prevention .... $ 1,112,225

$ 579,625

20

Family Planning ........ $ 5,874,494

$ 2,774,494

181

Sickle Cell, Vision

and Hearing ......... $

388,174

$ 388,174

15

Sexually Transmitted

Diseases ............. $. 1,102,850

$

85,000

29

High Risk Pregnant Women

and Their Infants .... $ 4,111,679

$ 4,111,679

19

Newborn Follow-Up Care $ 298,919

$ 298,919

12

District Dental .......... $ 1,129,230

$ 919,055

18

Teenage Pregnancy

Prevention ........... $ 250,000

$ 250,000

0

District Crippled Children $ 2,442,330

$ 1,554,540

36

Emergency Health ....... $ 1,331,886

$ 459,386

10

Primary Health Care .... $ 5,547,982

$ 324,852

10

Malnutrition ............ $ 27,241,886

Jg

__Q__

10

Undistributed ........... $ (2,242,511)

$ (3,060,892)

(21)

Total .................. $ 85,667,417

$ 43,456,746

540

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

3,399,602 116,350 91,800 --0-- 70,800 805 743,045
219,000 126,000
600 4,768,002
15,000
1,000,197 574,220
3,178,585 112

Mental Health--Program Direction and Support Functional Budgets

Administration . .

Total Funds

State Funds

Pos.

3,093,836

$ 2,109,439

63

THURSDAY, JANUARY 20, 1983

363

Special Projects

and Contracts......... $

60,550

$

--0--

2

Program Coordination.... $ 2,364,745

$ 1,820,275

66

Undistributed ........... $ (751,129) $ (751,129) (19)

Total .................. $ 4,768,002

$ 3,178,585

112

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 ................... $ Homemakers 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--
440,000
575,669
173,400 15,232,840
112,837 514,795 133,362 344,832 17,527,735 5,831,264
1,230,600 10,465,871
0

Purchase of Social Services Functional Budgets

Total Funds

State Funds

Pos.

Work Incentive Benefits . . $ 575,669

$ 57,566

0

Grants to Fulton County

for 24-hour Emergency

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

$ 173,400

0

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

$ 215,000

0

AFDC-Family Foster Care $ 3,987,620

$ 1,344,645

0

AFDC-Institutional

Foster Care .......... $ 1,475,840

$ 497,654

0

Specialized Foster Care . . $

53,064

$ 53,064

0

Child Welfare-

Family Foster Care ....$ 8,457,573

$ 6,971,573

0

Adoption Supplement ... $ 455,945

$ 455,945

0

Non-AFDC Institutional

Foster Care .......... $ 397,950

$ 397,950

0

364

JOURNAL OF THE SENATE

Liability Insurance ......$

15,400

$ 15,400

0

Emergency Shelter Care . $ 107,079

$ 107,079

0

Day Care .............. 3 604,300

$ 180,100

0

Psychiatric Psychological

and Speech Therapy ... $ 130,000

$ 130,000

Return of

Runaways--County ... $

7,000

$

7,000

Homemaker Projects .... $ 1,105,826

$ 318,426

Undistributed ........... $ (458,931) $ (458,931)

Total .................. $ 17,527,735

$ 10,465,871

10. Youth Services--Program Direction and Support:

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

769,876 18,000 16,400 4,000
20,100 3,500
831,876
831,876 24 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 .................... $

1,001,309 27,800 37,000
--0-- 14,000 1,896 --^0-- 3,100 29,000 20,883,101
60 200 21,997,466
3,368,035 16,904,795 1,724,636

THURSDAY, JANUARY 20, 1983

365

Total Positions Budgeted

35

Authorized Motor Vehicles

224

Services to the Aged Functional Budgets

Total Funds

State Funds

Pos.

Title XX Adult Services . $ 4,083,664

$ 539,062

0

Administration and

Planning ............. $ 2,525,774

$ 384,270

41

Title III Aging Services . . $ 15,488,333

$ 860,463

0

Undistributed ........... $ (100,305) $ (59,159)

(6)

Total ..................$ 21,997,466

$ 1,724,636

35

12. Rehabilitation Services-- Program Direction and Support Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ E.S.R.P. Case Services .................... $ Grants for Nephrology Centers ............. $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted

1,396,286 91,694 39,500
72,000 257,641
--0-- 2,300 75,000 210,000 2,715,880 --0-- 1,690,590 1,025,290
46

Rehabilitation Services--Program Direction and Support Functional Budgets

Total Funds

State Funds

Pos.

Program Direction and

Support........ ......$ 2,198,626

$ 821,836

49

Grants Management ..... $ 684,535

$ 370,735

8

Undistributed ........... S (167,281) $ (167,281) (11)

Total ..................$ 2,715,880

$ 1,025,290

46

13. Rehabilitation Services-- Facilities Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$

3,360,129 449,536 14,200

366

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 .................................$ Capital Outlay........................... $ Case Services ............................ $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

12,000 245
10,830 --0-- 154,859 43,600 101,900 83,600 6,250

Rehabilitation Services--Facilities Functional Budgets

Total Funds

State Funds

Pos.

Youth Development

Center--V. R. Unit $ 367,108

$ 81,248

15

Atlanta Rehabilitation

Center ............... $ 1,937,749

$ 430,199

75

Alto Rehabilitation Center $ 322,756

$ 74,193

14

Cave Spring

Rehabilitation Center . . $ 370,533

$ 83,991

18

Central Rehabilitation

Center ............... $ 665,094

$ 119,328

26

Georgia Vocational

Adjustment

Center--Gracewood ... $ 358,962

$ 83,362

19

J. F. Kennedy Center .... $ 505,749

$ 88,429

21

M. S. McDonald

Evaluation Center ..... $ 190,014

$ 35,023

7

Undistributed ........... $ (480,816) $ (480,816) (39)

Total .................. $ 4,237,149

$ 514,957

156

14. Roosevelt Warm Springs Rehabilitation Institute:

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

Regular Ooeratins Exoenses .........

$

Travel ..................................$

Motor Vehicle Equipment

Purchases ............................. $

Publications and Printing ..................$

Equipment Purchases ..................... $

Computer Charges ....................... $

Real Estate Rentals ...................... $

Telecommunications ...................... $

Per Diem, Fees and Contracts ............. $

7,359,631 1,711,280
47,680
14,640 22,170 55,290 32,000 --0-- 149,000 1,051,085

THURSDAY, JANUARY 20, 1983

367

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

445,600 12,980
575,000 --0-- --0--
11,476,356 50,000
9,104,800 2,321,556
397 24

Roosevelt Warm Springs Rehabilitation Institute-- Functional Budgets

Total Funds

Administration .......... $ 4,659,812

Rehabilitation Services ... $ 6,090,226

Instruction ............. $ 449,960

Independent Living ...... $ 569,419

Research/Training....... $

194,791

Undistributed ........... $ (487,852)

Total .................. $ 11,476,356

State Funds

Pos.

$ 1,742,312

126

$ 280,926

255

$ 26,960

17

$ 569,419

22

$ 189,791

5

$ (487,852) (28)

$ 2,321,556

397

15. Georgia Factory for the Blind Budget:

Personal Services ......................... $ Regular Operation 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 Postions Budgeted Authorized Motor Vehicles

2,296,466 4,808,545
17,300 36,600 3,300 95,000 --0-- --0-- 23,700 53,000 93,500 4,500 --0-- 7,431,911 7,038,714 393,197
27 14

Georgia Factory for the Blind Functional Budgets

Total Funds

State Funds

Pos.

Operations ............. $ 7,038,714

$

--0--

9

Supervision ............. $ 393,197

$ 393,197

19

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

--0--

$

--0--

(1)

Total ..................$ 7,431,911

$ 393,197

27

368

JOURNAL OF THE SENATE

16. 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

14,554,854 380,880 449,100
--0-- 13,165 13,543 7,600 626,441 377,100 282,833 69,000 83,480
3,645,000 63,000
8,925,000
105,000 136,500 29,732,496 50,000 19,583,419 10,099,077
593 5

Rehabilitation Services Functional Budgets

Total Funds Field Services........... $ 25,151,718 Comprehensive Services . . $ 222,222 Business Enterprise
Vending Stand Program $ 756,097 Special Programs........ $ 3,949,500 Undistributed ........... $ (347,041) Total .................. $ 29,732,496

State Funds

Pos.

$ 6,807,699 654

$ 22,222

7

$ 164,697

17

$ 3,949,500

0

$ (845,041) (85)

$ 10,099,077

593

17. Rehabilitation Services-- Disability Adjudication Budget:

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

8,452,799 319,656 22,000
--0-- 51,600 17,460

THURSDAY, JANUARY 20, 1983

369

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

--0-- 513,685 445,500 431,295
--0-- 155,000 7,000,000 17,408,995 17,408,995
--0-- 408

18. Public Assistance Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment
Purchases ............................ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Per Diem, Fees and Contracts ............. $ SSI-Supplement Benefits .................. $ AFDC Benefits .......................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted

--0-- 3,159,468
--0--
--0-- --0-- --0-- --0-- --0-- --0-- 62,160 182,766,550 185,988,178 124,297,228 61,690,950
0

Public Assistance Functional Budgets

Total Funds

State Funds

Pos.

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

$

--0--

0

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

$ 61,628,790

0

SS I--Supplement Benefits $

62,160

$ 62,160

0

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

--0--

$

--0--

0

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

$ 61,690,950

0

19. Local Services-Community Services and Benefits Payments Budget:

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

--0-- --0--

370

JOURNAL OF THE SENATE

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

$ 56,492,868
44,376,242 100,869,110 38,955,414
15,409,789 46,503,907
0

Local Services--Community Services and Benefits Payments Functional Budgets

Total Funds

State Funds

Pos.

Local Services--

Benefits Payments

Grants ........... $ 56,639,856

$ 28,217,428

Grants to Counties

for Social Services.

45,733,194

$ 20,144,433

0

Undistributed .......

(1,503,940) $ (1,857,954)

0

Total ..............

100,869,110

$ 46,503,907

0

20. Family and Children Services-- Program Direction and Support Budget:

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

8,375,518 329,743 321,570
--0-- 565,950
1,623 5,025,066
178,100 1,032,400 3,185,158
9,200 226,600 19,250,928 10,262,397 540,180
1,297,117 7,151,234
315

THURSDAY, JANUARY 20, 1983

371

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

Total Funds

State Funds

Pos.

Director's Office ......... $ 473,004

$ 473,004

8

Research and

Demonstration ........ $

42,614

$ 42,614

3

Program Planning

and Development ...... $ 868,288

$ 868,288

17

Program Management

and Training ......... $ 1,701,602

$ 1,437,900

61

Administration

and Management ......$ 1 1,744,1 1 1

$ 4,324,672

88

Management Information

Systems. ............. $ 1,268,307

$ 1,268,307

50

District Program

Operations ........... $ 2,823,157

$ 2,823,157

98

District Administration ... $ 821,459

$ 821,459

18

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

--0--

$ (4,752,756)

0

Undistributed ........... $ (491,614)

$ (155,411)

(28)

Total .................. $ 19,250,928

$ 7,151,234

315

Budget Unit Object Classes:

Personal Services .................... .... $ Regular Operating Expenses .......... ..... $
.... $
Motor Vehicle Equipment Purchases ........................ ..... $
Publications and Printing ............ ... $ Equipment Purchases ................ ..... $
.... $
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 ....... ... $ Grant-In-Aid to Counties ............. . . . . . $ Work Incentive Benefits ............. ..... $ Grants to Fulton County
for 24-hour Emergency
Social Services .................... . . ... $
Benefits for Child Care .............. .... $

97,827,941 53,752,456 2,694,265
63,240 1,256,156
376,337 8,734,331 4,519,731 3,420,830 79,013,103
861,210 1,129,460
-- 0--
3,879,000 4,527,500
577,500 1,985,000
3,625,000 301,530 175,000
30,746,391 575,669
173,400 15,872,840

372

JOURNAL OF THE SENATE

Homemaker Meals ....................... $ 112,837

Chatham County

Homemaker Project .................... $ 514,795

Douglas County

Homemaker Project .................... $ 133,362

Fulton County Homemaker Project ......... $ 344,832

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 ....................... $ 56,492,868

Grants to Counties for Social

Services ...............................$ 44,376,242

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....................... $ 359,000

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. ................... $ 204,250

Grant for Teenage Pregnancy

Prevention Program .................... $ 250,000

Contract--Cancer Research

at Emory ............................. $ 111,000

Contract--Macon-Bibb County

Hospital Authority ..................... $ 2,000,000

Cerebral Palsy Contract................... $ 136,500

Grants to Counties for

Metabolic Disorders

Screening and Testing .................. $

45,000

Total Positions Budgeted

4,159

Provided, that of the above appropriation $100,000 is designated and committed for the purchase of clotting factor for the Hemophilia Program and for no other pur pose.
Provided, that of the above appropriation, $100,000

THURSDAY, JANUARY 20, 1983

373

is designated and committed to operate a Hemophilia Program in the Metropolitan Atlanta Area and to oper ate 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 Cardiovas cular Council Stroke-Screening Program.

Provided that no State funds shall be used for adver tising the Food Stamp program or other welfare pro grams unless failure to so apply State funds would cause the loss of Federal funds for programs other than adver tising.

Provided that for Fiscal 1983, the following maxi mum benefits and maximum standards of need shall ap ply:

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

Standards of Need
$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 standard of needs.
Provided, that of the above appropriation, $136,500 is designated and committed to operate the Rome Cere bral Palsy Center.
Provided, however, it is the intent of this General Assembly that no dentist shall be paid at a rate in excess of twenty-five dollars ($25.00) per hour for services ren dered in the District Dental Clinics.
Provided that of the above appropriation relating to Statewide Grants for Pre-natal and Post-natal Care Pro grams, $3,879,000 is designated and committed for a Statewide program of pre-natal and post-natal care, in cluding all hospitals where such program or programs are providing or shall provide such care.

374

JOURNAL OF THE SENATE

Provided, that of the above appropriation relating to the Public Health--Family Health Activity, $40,000 is designated and committed for a grant to Grady Memo rial Hospital in Atlanta for the purpose of operating a cystic fibrosis program.
Provided, that of the above appropriation, the De partment of Human Resources is authorized to provide treatment for eye disorders, provided that treatment for the disability cannot be obtained from other sources.
Provided, further, that the Department of Human Resources is authorized to make monthly advances to Child Care Day Centers from funds authorized for this purpose.
Provided further, it is the intent of this General As sembly that AFDC Benefit payments from funds appro priated herein shall be made from the date of certifica tion and not from the date of application.
Provided further, the Department of Human Re sources is authorized to make payments (not to exceed $5,000) to the Georgia Building Authority for the pur pose of maintaining the grounds at the Roosevelt Warm Springs Hospital.
Provided that of the above appropriation relating to the Public Health--Family Health Activity, $50,000 is designated and committed to purchase, lease or otherwise acquire or reimburse for the purchase or lease of equip ment, or purchase or reimburse for the purchase of drugs and medical treatment of persons with Cystic Fibrosis over the age of 21. Funds shall be expended for those per sons qualifying who are not otherwise covered by any other private or publicly funded program and are deter mined to need support from the State.
Provided, further, the Roosevelt Warm Springs In stitute for Rehabilitation is authorized to use excess agency income for a repair and maintenance program.
B. Budget Unit: State Health Planning and Development....................... $
State Health Planning and Development Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel . . . .................... ........... $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $

444,195
562,886 51,000 4,181 2,000 --0-- 15,000 80,200

THURSDAY, JANUARY 20, 1983

375

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

24,800 69,939 6,600 816,606 --0-- 372,411 444,195
21 0

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

562,886 51,000 4,181 2,000 --0-- 15,000 80,200 24,800 69,939 6,600
21 0

C. Budget Unit: Community Mental Health/
Mental Retardation Youth Services and Institutions. ................ $ 261,764,125

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

8,694,011 1,025,791
4,972
11,500 4,000 50,016 93,000 -- 0-- 95,000 240,000 300,000 9,150 387,000 211,816 11,126,256 1,293,858 65,900 9,766,498
497 25

376

JOURNAL OF THE SENATE

2. Georgia Regional Hospital at Atlanta Budget:

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

10,907,533 1,407,058 6,960
9,100 46,740 133,000
121,000 302,130 444,000
11,000 228,844 513,000 14,130,365 1,993,476 102,100 12,034,789
621
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

8,786,324 803,354 5,810
--0-- 1,900 33,529 133,000 --0-- 106,250 144,595 377,000 6,900 500,000 --0-- 10,898,662 1,054,400 93,300 9,750,962
500 22

4. West Central Georgia Regional Hospital Budget:

Personal Services ......................... $ 7,339,894

THURSDAY, JANUARY 20, 1983

377

Regular 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

847,500 5,280 --0--
5,620 13,111 98,202 --0--
90,000 41,000 371,000 12,500 666,500 25,000 9,515,607 1,376,800 82,300 8,056,507
414 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 .............. ..... $
..... $
Indirect DOAS Services Funding ...... ..... $ State Funds Budgeted ............... ... .. $
Total Positions Budgeted Authorized Motor Vehicles

11,065,338 1,189,133
4,952
1,000 44,900 1 40,080 --0--
96,000 36,600 1,073,210 9,125 355,238 883,500 14,899,076 3,322,215 93,300 11,483,561
676 45

6. Gracewood State School and Hospital Budget:

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

26,803,826 2,585,007
4,690
--0-- 6,587

378

JOURNAL OF THE SENATE

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

$$$$$

110,556 93,000 --0--
265,000 119,000

$ 1,475,000

$$$

10,875
756,715 32,230,256

$$$

11,844,042
160,400 20,225,814

1,669

111

$$$

18,214,452 1,849,395
7,240

$$$$$$$$$

13,409 4,500 71,978 150,000 --0--
143,000 234,000 737,000
15,500

$

16,799

$$$

21,457,273
6,714,502 98,800

$ 14,643,971

1,142

53

$ 15,245,612

$$

2,439,798 5,120

$$$$$$

15,416 6,750 105,933 154,300 -- 0--
169,200

$$$$

139,870 1,056,500
12,680 794,000

THURSDAY, JANUARY 20, 1983

379

Capital Outlay ........................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

50,000 20,195,179 7,814,530
109,800 12,270,849
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

9,150,031 1,065,847
5,560
--0-- 4,600 51,193 152,000 --0-- 172,000 650,915 1,251,000 8,300 --0-- 52,470 12,563,916 1,439,775 202,100 10,922,041
503 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 .................... $

68,985,530 9,036,690 8,961
23,140 11,965 118,385 635,716 --0-- 461,900 211,375 4,133,416 40,000 787,875 792,198 85,247,151 21,868,157 617,000 62,761,994

380

JOURNAL OF THE SENATE

Total Positions Budgeted Authorized Motor Vehicles

4,068 215

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

12,229,574 1,433,500
7,000
70,000 3,200 146,623 --0-- --0-- 100,000 128,708 750,000 19,500 320,089 15,208,194 310,160 14,898,034
712 103

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

6,630,572 848,150 11,000
30,085 3,000 42,948 --0-- --0-- 57,500 68,550 500,000 9,700 20,264 --0---
2,218,125 10,439,894
253,000 10,186,894
414 41

THURSDAY, JANUARY 20, 1983

381

13. Community Mental Health/ Mental Retardation Services Budget:

Personal Services ......................... $ 8,341,557

Regular Operating Expenses ............... $ 442,379

Travel ..................................$

27,352

Motor Vehicle Equipment

Purchases ............................. $

20,409

Publications and Printing .................. $

4,000

Equipment Purchases ..................... $

20,500

Computer Charges ....................... $

--0--

Real Estate Rentals ...................... $

71,300

Telecommunications ...................... $

27,100

Per Diem, Fees and Contracts ............ $ 181,150

Utilities. ................................$

15,300

Postage .................................$

1,775

Capital Outlay........................... $

--0--

Drug Abuse Contracts .................... $ 864,970

Day Care Centers for the

Mentally Retarded ..................... $ 46,981,263

MR Day Care Center Motor

Vehicle Purchases ...................... $ 549,000

Supportive Living Staff ................... $ 1,410,454

Supportive Living Benefits ................. $ 3,954,189

Georgia State Foster

Grandparent/Senior

Companion Program .................... $ 514,000

Community Mental Health

Center Services ........................ $ 57,987,328

Project Rescue ........................... $ 263,807

Project ARC ............................ $ 163,332

Project Friendship ........................ $ 229,819

Group Homes for

Autistic Children ....................... $ 268,365

Uniform Alcoholism Projects............... $ 2,397,311

Community Mental

Retardation Staff. ...................... $ 2,792,905

Community Mental Retardation

Residential Services .................... $ 8,203,953

Grant for DeKalb County

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

51,000

Grant for Chatham County

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

49,000

Total Funds Budgeted .................... $ 135,833,518

Social Services

Block Grant Funds ..................... $ 33,285,893

Agency Funds ........................... $ 47,978,476

State Funds Budgeted .................... $ 54,569,149

Total Postions Budgeted

371

Authorized Motor Vehicles

803

382

JOURNAL OF THE SENATE

Community Mental Health/Mental Retardation Services Functional Budgets

Total Funds

Mental Health Community

Assistance ............ $ 5,507,730

Outdoor Therapeutic

Program ............. $ 732,649

Mental Retardation

Community Assistance . $ 1,515,141

Central Pharmacy ....... $

107,844

Metro Drug Abuse Centers $ 1,123,628

Day Care Centers for the

Mentally Retarded . . . . $ 47,530,263

Supportive Living ...... $ 5,364,643

Georgia State Foster

Grandparent/Senior

Companion Program . . . $ 514,000

Community Mental

Retardation Staff. .... $ 2,792,905

Community Mental

Retardation Residential

Services ............. $ 8,203,953

Group Homes for

Autistic Children ..... $ 268,365

Project Rescue .......... $ 263,807

Drug Abuse Contracts . . . $ 864,970

Project ARC ........... $

163,332

Project Friendship ...... $ 229,819

Community Mental Health

Center Services ....... $ 57,987,328

Uniform Alcoholism

Projects. ............. $ 2,397,311

Central Laboratory ...... $

165,830

Grant for DeKalb County

Mental Retardation

Project. .............. $

51,000

Grant for Chatham County

Mental Retardation

Project ............... $

49,000

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

-- 0--

Total .................. $ 135,833,518

<state Funds

Pos.

$ 5,450,830

218

$ 732,649

35

$ 1,515,141

64

$ 107,844

3

$ 490,538

45

$ 10,997,370

0

$ 3,134,643

0

$ 514,000

0

$ 2,071,189

0

$ 6,229,232

0

$ 268,365

0

$ 100,807

0

$

19,332

0

$ 163,332

0

$ 229,819

0

$ 20,368,447

0

$ 2,175,611

0

$

-- 0--

6

a

$

-- 0--

0

$

-- 0--

0

$

-- 0--

0

$ 54,569,149

371

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 .................

$ 8,284,384

$ 986,644

$ 342,480

$

24,750

$

3,750

$

6,604

$

-- 0--

$ 269,900

$ 208,500

THURSDAY, JANUARY 20, 1983

383

Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ Child Care Benefits ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

--0-- 30,200 20,850 15,000 10,193,062 10,193,062
412 19

Community Youth Services Functional Budgets

Total Funds

Group Homes........... $ 418,550

Community Detention.... $ 971,694

Day Centers............ $ 546,140

Community Treatment

Centers .............. $ 1,762,234

Court Services .......... $ 5,893,994

Runaway Investigations . . $ 357,250

Interstate Compact ...... $

70,700

Purchased Services ...... $ 172,500

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

--0--

Total .................. $ 10,193,062

State funds

Pos.

$ 418,550

19

$ 971,694

17

$ 546,140

24

$ 1,762,234

77

$ 5,893,994

257

$ 357,250

15

$ 70,700

3

$ 172,500

0

$

--0--

0

$ 10,193,062 412

15. Regular Operating Expense Reserve Budget:

Regular Operating Expense ................ $ Total Funds ............................. $ State funds.............................. $

--0-- --0-- --0--

Budget Unit Object Classes:

Personal Services......................... $ 220,678,638

Regular Operating Expenses ............... $ 25,960,246

Travel..................................$ 447,377

Motor Vehicle Equipment

Purchases ............................. $ 208,709

Publications and Printing .................. $

69,972

Equipment Purchases ..................... $ 863,016

Computer Charges ....................... $ 1,782,298

Real Estate Rentals ...................... $ 341,200

Telecommunications ...................... $ 2,112,450

Per Diem, Fees and Contracts ............. $ 2,497,893

Utilities.. ...............................$ 12,513,626

Postage .................................$ 187,855

Capital Outlay........................... $ 2,829,433

Authority Lease Rentals .................. $ 4,531,875

Grants to County-Owned

Detention Centers ...................... $ 2,218,125

Reserve for Athens RYDC ................ $

--0--

Drug Abuse Contracts .................... $ 864,970

384

JOURNAL OF THE SENATE

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 ............... $ Child Care Benefits ...................... $ Community Mental Retardation Staff ...................... $ Community Mental Retardation Residential Services .................... $ Grant for DeKalb County Mental Retardation Project .............. $ Grant for Chatham County Mental Retardation Project.............. $ Total Positions Budgeted Authorized Motor Vehicles

46,981,263
549,000 1,410,454 3,954,189
514,000
57,987,328 263,807 163,332 229,819
268,365 2,397,311
15,000
2,792,905
8,203,953
51,000
49,000 12,915 1,546

Provided, that of the above appropriation relating to Community Mental Health Centers, agency income, ex cluding 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 col lections. Surplus above this limitation shall revert to the State and local governments on a pro rata basis based on contribution of said governments to the program.
Provided, that of the above appropriation relating to Community Mental Retardation Residential Services, 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 re duce the State cost of the program.
Provided, that of the above appropriation relating to Community Mental Health Centers, private gifts and do nations, as well as proceeds of local fund raising activi ties, shall not be required to be budgeted to the Depart ment or to the Office of Planning and Budget.
Provided that the Department is given the flexibility in the Community Mental Retardation Residential Ser-

THURSDAY, JANUARY 20, 1983

385

vices Program to use benefits to contract with private home providers for service or to provide small group liv ing situations or semi-independent living situations for clients; and further provided that these residential ser vices are available to clients residing in the community as well as those returning to their communities from the in stitution.
Provided that Community Mental Health Centers shall provide services to clients living within the geo graphic 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 other wise eligible to receive services.
Provided, that of the above appropriation relating to Supportive Living Benefits, the Department is provided the flexibility to contract with private homeproviders for services in the home and/or to provide small group resi dences 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 .................... $

8,551,453
510,271 10,305 37,500
576,523 576,523

386

JOURNAL OF THE SENATE

Total Positions Budgeted
2. Research Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
3. Tourism--Promotional Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Historic Chattahoochee
Commission Contract ................... $ 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--Energy
Conservation .......................... $ Local Welcome Centers ................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

16
332,534 4,840 1,842 --0-- 1,600 2,700 3,066 --0-- --0-- 7,923
354,505 354,505
14
635,960 69,475 65,000 --0-- 189,500 5,355 22,400 --0-- --0-- 60,480
40,000 1,088,170 1,088,170
26
1,418,814 328,755 31,261 ---0-- 12,000 14,605 --0-- --0-- 13,924 4,450
5,885 95,000 1,924,694 1,834,694
94

THURSDAY, JANUARY 20, 1983

387

5. Internal Administration Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ............................ ......% Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............ $ Postage .................................$ Georgia Ports Authority--
Authority Lease Rentals ................ $ Georgia Ports Authority--
General Obligation Bond Payments ............................. $ Atlanta Council for International Visitors ................... $ Waterway Development in Georgia ......... $ Georgia Music Week Promotion ............ $ Georgia World Congress Center Operating Expenses..................... $ 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

622,538 206,602
13,000 47,050 35,000
808 860 207,529 115,600 17,000 140,000
2,605,000
1,000,000
25,000 25,000 10,000
103,000
14,950
80,000 5,268,937 3,156,803
23
503,642 44,430 72,500 --O-- 10,000
3,010 20,000 45,000 24,926 74,250 797,758 797,758
15
743,000 743,000 743,000
0

388

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 ................................. ^ Capital Outlay--Energy
Conservation .......................... $ 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. .................... $ International Council of Georgia, Inc. .......................... $ Georgia Semiquincentenary Commission ........................... $ Total Positions Budgeted Authorized Motor Vehicles
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 .................... $

4,023,759 664,407 221,103 47,050 253,500 27,025 58,826 252,529 154,450 164,103 140,000
5,885 95,000 743,000
2,605,000
1,000,000
40,000
25,000 25,000 10,000
103,000
14,950
80,000 188 21
--0--
2,908,739 1,131,376
24,000 --0-- 21,000 40,000
600 --0-- 60,840 131,880
765,972 5,084,407

THURSDAY, JANUARY 20, 1983

389

State Funds Budgeted ................... $ Total Positions Budgeted

--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 ...................... $ Repayments for Previous
Capital Improvement Funding............ $ 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 Previous
Capital Improvement Funding............ $ Other Debt-Service Payments .............. $
Capital Outlay--Internal Operations ............................ $
Atlanta Convention and Visitors Bureau ........................ $
Total Positions Budgeted Authorized Motor Vehicles

26,861,795 9,001,604
459,207
472,080 129,108 3,876,805 457,742 99,403 363,800 1,343,462
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

390

JOURNAL OF THE SENATE

excess may be applied toward the cost of operations and excess cost of authorized planning of new facilities, pro vided that budget amendments reflecting such proposed applications are provided to the Office of Planning and Budget and the Legislative Budget Office at least two weeks prior to such application of funds.
It is the intent of this General Assembly that to the greatest extent feasible, the Georgia Ports Authority util ize existing surplus funds for payments to bond trustees for unmatured issues.

Section 28. Department of Labor

A. Budget Unit: Inspection Division ........... $ 738,242

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

648,000 10,200 60,751
5,000
7,591 6,500
200 738,242 738,242
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 .............$ Total Positions Budgeted

648,000 10,200 60,751 --0-- 5,000 --0-- --0-- 7,591 6,500 200 28

B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training ............... $

3,098,353

1. Basic Employment Security and W.I.N. Budget: Personal Services ....................... $ 36,084,909

THURSDAY, JANUARY 20, 1983

391

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

2,396,700 1,045,437
--0-- 10,600 1,005,000 1,038,000 1,092,096 948,000 1,150,000 600,000 --0-- 45,370,742 1,274,308 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

1,650,000 41,700 20,245 --0-- 250 250 3,600 59,000 39,000 10,000
1,824,045 1,824,045
74

Budget Unit Object Classes:

Personal Services ......................... $ 45,977,409

392

JOURNAL OF THE SENATE

Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment
Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ...................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and
Contracts (CETA) ..................... $ Per Diem, Fees and Contracts ............. $ W.I.N. Grants ........................... $ CETA Direct Benefits .................... $ Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles

3,277,600 1,186,682
--0-- 16,850 1,092,250 1,145,600 1,357,096 1,100,000
381,000 1,160,000
600,000 34,500,000
--0-- 2,097
6

Section 29. Department of Law.
Budget Unit: Department of Law .......... $
Attorney General's Office Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Books for State Library ................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Books for State Library ................... $

4,190,247
3,744,664 169,350 95,000 --0-- 27,710 3,800 9,252 53,000 293,480 87,891 31,800 --0--
4,515,947 4,190,247
116
3,744,664 169,350 95,000 --0-- 27,710 3,800 9,252 293,480 87,891 31,800 53,000

THURSDAY, JANUARY 20, 1983

393

Capital Outlay........... Total Positions Budgeted Authorized Motor Vehicles

Provided, however, that of the above appropriation relative to regular operating expenses, $38,000 is desig nated and committed for Court Reporter Fees.

Section 30. Department of Medical Assistance.

Budget Unit: Medicaid Services ........... $ 195,650,757

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 .................................$ Audits Contracts ......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

1,665,163 37,593 48,095 ---0-- 10,358 3,602 --0-- 59,000 50,320 21,240 950 --0--
1,896,321 897,855 71

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 ................................. $ Audits Contracts ......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

1,018,046 62,415 5,640 ---0-- 17,500 1,070 55,000 67,500 25,960 97,080 164,564 235,382
1,750,157 633,838 41

3. Program Management Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$

1,917,643 63,011 37,181

394

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

--0-- 34,760
1,811 --0-- 69,600 72,620 8,620,478 --0-- 10,817,104 1,356,581
93

4. Operations Budget:

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

1,982,708 183,298 745
--0-- 107,000
--0-- 7,272,035
95,600 89,700 76,000 635,659 10,442,745 1,400,000 7,724,715 1,318,030
109

5. Benefits Payments Budget:

Medicaid Benefits ........................ $ 599,853,503

Payments to Counties

For Mental Health ..................... $ 8,898,900

Total Funds Budgeted .................. $ 608,752,403

State Funds Budgeted .................... $ 191,444,453

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

6,583,560 346,317 91,661
--0-- 169,618
6,483 7,327,035
291,700 238,600

THURSDAY, JANUARY 20, 1983

395

Per Diem, Fees and Contracts ............ $ 8,814,798

Postage .................................$ 801,173

Medicaid Benefits ....................... $ 599,853,503

Payments to Counties for

Mental Health ......................... $ 8,898,900

Audits Contracts ......................... $ 235,382

Total Positions Budgeted

314

Authorized Motor Vehicles

3

Provided, that any reserve created by the State Au ditor for the payment of Medicaid Benefits can be ex panded and otherwise treated for accounting and other purposes for Payments to Counties for Mental Health.

Section 31. Merit System of Personnel Administra tion.
Budget Unit: Merit System of Personnel Administration Agency Assessments .................... $
1. Applicant Services Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ...................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ Agency Assessments ..................... $ Total Positions Budgeted
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 .................... $

4,565,103
875,202 16,490 3,670 --0-- 55,000 5,650
371,153 --0-- 20,260 2,800 75,480
1,425,705 1,425,705
39
481,002 6,160 2,465 --0-- 7,840 --0--
142,387 --0-- 6,530 1,000 2,555
649,939

396

JOURNAL OF THE SENATE

Agency Assessments ...................... $ Total Positions Budgeted
3. Program Evaluation and Audit Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing ...............$ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ Agency Assessments ...................... $ Total Positions Budgeted
4. Employee Training and Development Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ Agency Assessments ...................... $ Total Positions Budgeted
5. Health Insurance Administration Budget:
Personal Services ......................... $ Regular Operating Expenses ...............$ Travel ..................................$ Motor Vehicle Equipment Purchases ....... $ Publications and Printing.................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate ............................ $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $

649,939 19
304,277 8,470 1,025 --0-- 800 225
185,104 --0-- 5,195 --0-- 1,100
506,196 506,196
13
555,339 29,000 18,765 --O-- 20,000 2,150 14,237 --0-- 10,720 127,500 3,600 781,311 781,311
23
463,550 11,220 3,595 --0-- 9,900 225
234,280 23,000 38,485 3,427,270 24,420 4,235,945

THURSDAY, JANUARY 20, 1983

397

Other Health Insurance Agency Funds ......................... $
Employer and Employee Contributions .......................... $
Total Positions Budgeted

--0--
4,235,945 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 ........ $ Publicatons and Printing .................. $ Equipment Purchases .....................$ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Federal Sub-grants to
State and Local Agencies ............... $ Total Funds Budgeted .................... $ Agency Assessments ...................... $ Employer and Employee Contributions ...... $ Deferred Compensation ................... $
Total Positions Budgeted

711,679 16,510 5,475 --0-- 8,000 15 63,995 ---0-- 14,440 --0-- 3,330
--0-- 823,444 641,838 152,073 29,533
33

8. Commissioner's Office Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$

294,499 13,825 9,200

398

JOURNAL OF THE SENATE

Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ Agency Assessments ...................... $ Total Positions Budgeted

--0-- 4,630 --0-- --0-- 178,950 5,385 49,960 3,665 560,114 560,114
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 ............. $ Postage .................................$ Federal Sub-grants to
State and Local Agencies ............... $ Health Insurance Claim Payments ......... $ Total Positions Budgeted Authorized Motor Vehicles

3,685,548 101,675 44,195
--0-- 106,170
8,265 1,011,156
201,950 101,015 8,287,195 114,150
--0-- 134,990,000
159 0

Provided, that it is the intent of this General Assem bly 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 eligi ble salary for teachers according to the Teacher Salary Index, before the assignment of Required Local Effort.

Section 32. Department of Natural Resources.
A. Budget Unit: Department of Natural Resources ................ .7. .......... $
1. Internal Administration Budget:
Personal Services ......................... $ Regular Operating Expenses ...............$ Travel ..................................$ Motor Vehicle Equipment Purchases ....... $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $

45,121,919
2,055,248 182,504 18,000 --0-- 180,290 900 171,325

THURSDAY, JANUARY 20, 1983

399

Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Payments to Ga. Hazardous Waste
Management Authority ................. $ Payments to Lake Lanier Islands
Development Authority. ................. $ Payments to Jekyll Island St.
Park Authority ........................ $ 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

150,442 70,714 65,500 87,800
76,000
857,115
938,061 75,000 4,928,899
40,000 4,850,489
81

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

11,858,747 3,111,026
66,810
573,012 66,800 199,197 50,800 42,581 212,587 68,055 62,957
8,000
--0-- 52,150 --0--
238,086
350,000 16,960,808
100,000 13,621,084
477

3. Parks, Recreation and Historic Sites Budget:

Personal Services ......................... $ 8,541,275 Regular Operating Expenses ............... $ 3,497,833

400

JOURNAL OF THE SENATE

Travel ..................................$ Motor Vehicle Equipment
Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............,$ Postage .................................$ 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 ........................ $ Contract--Special Olympics, Inc............ $ Georgia Sports Hall of Fame .............. $ Capital Outlay--User Fee
Enhancements ......................... $ Technical Assistance Contract. ............. $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

72,323
119,947 93,500 217,875 17,220 111,392 226,270 71,436 56,000 176,000
1,528,070 300,000 825,000
2,033,000
1,500,000 390,000 186,000 50,000
1,130,000 100,000
21,243,141 100,000
12,488,383 373

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

9,040,513 652,987 235,395
16,029 69,300 29,828 121,750 473,620 174,440 556,421 93,000 1,500,000 3,000,000
250,437
125,000 16,338,720 13,150,420
311

THURSDAY, JANUARY 20, 1983

401

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

788,554 188,991
9,000 --0-- 16,100 2,231 7,894 --0-- 21,361 1,450 7,639 -- 0--
2,763 13,000 1,058,983 1,011,543
25

Budget Unit Object Classes:

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

32,284,337 7,633,341
401,528
708,988 425,990 450,031 368,989 778,035 705,372 762,862 307,396
1,500,000 390,000
3,000,000 1,500,000
250,437
125,000
8,000 228,150
1,530,833 300,000 75,000
2,033,000 825,000

402

JOURNAL OF THE SENATE

Payments to Lake Lanier Islands Development Authority. ................. $
Payments to Jekyll Island State Park Authority ................... $
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 Outlay-- Consolidated Maintenance ............... $
Technical Assistance Contract.............. $
Total Positions Budgeted
Authorized Motor Vehicles

857,115
938,061
186,000 50,000
350,000
76,000
1,130,000
13,000
238,086 100,000
1,267 1,017

Provided, that no land shall be purchased for State park purposes from funds appropriated under this Section or from any other funds without the approval of the State Properties Control Commission, except that land specifi cally provided for in this Section.
Provided, however, that $1,000,000 of the above ap propriation for Water and Sewer Grants shall be availa ble for allotment to counties and municipalities for emer gency type projects, and that $2,000,000 is designated and committed for grants to local governments for water and sewer projects utilizing a maximum State match of 50% of the total cost of each project. Provided, further that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Nat ural 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 Natu ral 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 His toric Sites facilities.

THURSDAY, JANUARY 20, 1983
B. Budget Unit: Authorities ..........
1. Lake Lanier Islands Development Authority Budget:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............ Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ..... Capital Outlay................... Campground Sinking Fund ........ Promotion Expenses .............. Total Funds Budgeted ............ State Funds Budgeted .......... Total Positions Budgeted
2. Jekyll Island State Park Authority Budget:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ..... Mortgage Payments .............. Capital Outlay................... Promotion Expenses .............. Payments to the Department
of Natural Resources ........... Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted
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 .....

403
--0-
1,553,399 636,896 5,225 32,228 50,000 116,155
38,820 24,400 731,194
2,339,866 1,724,023
18,954 60,000 18,688 203,730 20,000 --0-- 37,978 63,300 --0-- 1,928,061 --0--
40,000 6,454,600
162
--0--

404

JOURNAL OF THE SENATE

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

76,000
0
3,893,265 2,360,919
24,179 92,228 68,688 319,885 20,000 --0-- 76,798 163,700 2,659,255 ---Q-- --0--
40,000 --0--
226 91

Section 33. Department of Offender Rehabilitation.

A. Budget Unit: Department of Offender Rehabilitation .................

. $ 119,391,663

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

3,333,386 243,043 57,030 --0-- --0-- 19,300 546,104
225,000 170,400 441,363
--0-- 5,035,626
415,000 4,620,626
137

2. Georgia Training and Development Center Budget:

Personal Services

1,322,073

THURSDAY, JANUARY 20, 1983

405

Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities................................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
3. Georgia Industrial Institute Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals .....................$ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
4. Alto Education and Evaluation Center Budget:
Personal Services ......................... $ Regular Operating Expenses ...............$ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
5. Georgia Diagnostic and Classification Center Budget:
Personal Services ......................... $

64,095 770
18,705
13,500 111,680 1,530,823 1,530,823
66
5,192,051 272,414 3,000
25,780 30
42,470 2,400
496,500 6,034,645 6,034,645
291
1,305,644 56,130 3,400 ---0-- --0-- 4,420
4,000
1,373,594 1,169,668
50
4,963,685

406

JOURNAL OF THE SENATE

Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing .......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts Utilities......................... Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted

259,602 1,500
39,645 3,300 478,000 5,759,647 5,759,647
281

6. Georgia State Prison Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment
Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities... .............................. $ Capital Outlay ........................... $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

10,968,282 477,600 6,750
--0-- --0-- 116,000 --0-- --0-- 73,800 63,800 1,200,000 --0-- 12,906,232 35,000 12,846,232
633

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

8,153,979 423,215 10,415 --0-- --0-- 63,194 --0-- --0-- 100,350 15,360 760,450
9,526,963 9,404,083
448

THURSDAY, JANUARY 20, 1983

407

8. Middle Georgia Correctional Institution Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Payments to Central State
Hospital for Utilities.................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

10,428,231 417,285 4,000 --0-- --0-- 55,836 --0-- 10,860 129,378 4,800 200,000
680,890 11,931,280 11,931,280
618

9. 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

2,567,133 111 ,625 1,200 --0-- --0-- 1,105 --0-- --0-- 13,000 --0-- 229,310
2,923,373 2,923,373
136

10. 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 ................... $

2,355,169 80,590 1,575 --0-- --0-- 5,545 --0-- --0-- 15,750 --0-- 211,800
2,670,429 2,670,429

408

JOURNAL OF THE SENATE

Total Positions Budgeted ..................$
11. Metro Correctional Institution Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities. ................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
12. Coastal Correctional Institution Budget:
Personal Services ......................... $ Regular Operating Expenses .............. $ Travel ................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities. ................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
13. 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 ................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

134
3,023,495 128,063 2,280 --0-- --0-- 5,800 --0-- 8,700 33,000 10,000 209,810
3,421,148 3,421,148
180
2,843,584 129,153 2,100 --0-- --0-- 539 --0-- 5,000 37,000 --0-- 208,310
3,225,686 3,155,686
167
169,304 369,355
--0-- --0-- 146,100 --0-- --0-- --0-- --0-- --0-- --0-- 684,759 684,759 --0--

THURSDAY, JANUARY 20, 1983

409

14. 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 .................................$ Authority Lease Rentals .................. $ 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
15. 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
16. D.O.T. Work Details Budget:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases

2,835,549 3,732,501
60,000
--0-- --0-- 280,487 --0-- 3,000 26,270 97,000 --0-- 840,000 264,000 630,000 6,761,625 912,500
92,072 500,507
155,000 --0--
17,190,511 17,010,511
118
716,406 182,128 136,347
2,600 10,000
34,000 16,000
18,000 1,115,481 1,115,481
31
438,695 14,100

410

JOURNAL OF THE SENATE

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

17. 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

2,835,632 4,549,166
5,950
165,000
1,929,520 45,000
9,539,268 8,948,084
177

18. 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

639,500 2,885,785
3,635,185 3,605,185
33

THURSDAY, JANUARY 20, 1983

411

19. 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. ........ ... ..................... $ Central Repair Fund ..................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
20. 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
21. 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. ................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

212,694 403,467
1,500 258,000
--0-- 677,084
--0-- 6,000 14,317 15,600 116,774 32,000 1,737,436 1,737,436
136
2,256,923 187,970 4,800 --0-- --0-- 14,000 --0-- 201,800 32,800 5,800 221,000 --0--
2,925,093 2,925,093
116
2,846,490 137,333 3,000
350
8,700 20,633 3,200 266,291 3,285,997 3,285,997
245

412

JOURNAL OF THE SENATE

22. 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................................. $ Payments to Jails for State
Prisoner Medical Costs.................. $ Health Service Purchases.................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

4,613,247 1,127,927
3,000
36,204
2,500 51,800 --0--
219,000 8,557,799 14,611,477 14,611,477
239

Budget Unit Object Classes:

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

74,021,152 16,252,547
308,617
258,000 148,700 1,573,264 546,104 503,090 793,813 764,323 4,727,925
1,929,520
725,890
219,000 264,000 630,000
92,072 6,761,625
912,500
155,000 8,557,799
532,507 840,000
--0-- 4,263

THURSDAY, JANUARY 20, 1983

413

Authorized Motor Vehicles

427

It is the intent of this General Assembly that, with respect to the Legal Services Program for inmates, law yers, law students and/or employees be prohibited from soliciting for filing of writs.
It is the intent of this General Assembly that the de partment not start any new community center programs with Federal funds without the prior approval of the Gen eral 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 con struction, the State shall provide no more than fifty per cent 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 ............. $ 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 ...................... S Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $

5,735,192
4,988,628 126,737 211,770 92,600 14,500 15,137 6,500 127,620 106,000 37,200 37,200
5,763,892 5,735,192
237
4,988,628 126,737 211,770 92,600 14,500 15,137 6,500 127,620 106,000 37,200

414

JOURNAL OF THE SENATE

County Jail Subsidy ...................... $ Total Positions Budgeted Authorized Motor Vehicles

37,200 237 15

C. Budget Unit: Georgia Correctional Industries ............................. $

--0--

Georgia Correctional Industries Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ...................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts .............$ Cost of Sales ............................ $ Repayment of Prior Year's
Appropriations ......................... $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted ............... $ Total Positions Budgeted

1,555,907 588,400 39,800 --0-- --0-- 369,000 1,800 24,300 41,900 119,100
3,938,000
84,000 --0-- 6,762,207 --0--
66

Budget Unit Object Classes:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .............:.................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts .............$ Cost of Sales ............................ $ Repayment of Prior Year's
Appropriations ......................... $ Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles

1,555,907 588,400 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 ............................ $ 17,158,608

1. Probation Operations Budget:

Personal Services ......................... $ 13,383,097 Regular Operating Expenses ............... $ 347,864 Travel ..................................$ 295,260

THURSDAY, JANUARY 20, 1983

415

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

--0-- --0-- 50,242 --0-- 267,250 201,180 5,500 3,000
160,000 14,713,393 13,985,186
668

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

2,924,551 211,195 16,550
63,816
258,310 44,000 170,000 --0-- 3,688,422 3,173,422
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.................... Per Diem, Fees and Contracts Grants for Independent
Probation Systems......... Total Positions Budgeted Authorized Motor Vehicles

16,307,648 559,059 311,810
114,058
525,560 245,180 175,500
3,000
160,000 825 92

416

JOURNAL OF THE SENATE

Section 34. Department of Public Safety.

Budget Unit: Department of Public Safety ................................$ 47,846,330

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

310,816 25,009 17,500 16,000 5,000
800 9,250 36,700 18,000 64,400 4,500 507,975 108,488
11

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

3,612,585 1,268,825
79,702 --0-- 139,751 6,755 28,280 --0-- 130,000 74,404 40,000 5,380,302 ---0-- 5,257,474
173

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

5,471,030 191,618 2,695 --0-- 671,000 6,855
2,048,214 6,198 47,200 500
435,000 180,000
--0--

THURSDAY, JANUARY 20, 1983

417

Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

9,060,310 1,500,000 7,560,310
308

4. Field Operations Budget:

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

25,061,693 4,311,830
14,585
1,138,286 200,000 178,663 --0-- 1,896 250,000 7,900 36,000 --0--
31,200,853 150,000
31,030,903 981

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

648,995 89,082 25,061 22,432 22,163 2,650 41,825 45,000 19,400 23,488 5,579
1,487,274 2,432,949 2,365,514
25

6. Police Academy:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $

451,256 122,750
6,300 7,500 8,200 3,480 8,830 --0--

418

JOURNAL OF THE SENATE

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 ...................... $ Telecommunications ...................... $

9,300 74,297 2,400 694,313 671,313
16
277,885 37,775 10,000 17,500 2,800 15,000 58,644 15,182 7,500 75,452 5,500 523,238 478,136
12
114,711 7,360 4,600 7,500 2,000 2,000 --0-- 3,000 3,600 1,000 1,100
146,873 146,873
4
111,980 11,882 7,550 7,500 1,200 --0-- --0-- --0-- 2,497

THURSDAY, JANUARY 20, 1983

419

Per Diem, Fees and Contracts ............. $ Postage .................................$
Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

15,000 400
158,009 158,009
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 Outlay ................ $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

88,320 850
5,601 --0--
200 600 --0-- --0-- 3,000 6,246 --0-- 104,817 69,310
3 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 Officer Training Grant .............. $ Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles

36,149,271 6,066,983
173,594
1,216,718 1,052,314
216,803 2,195,043
107,976 490,497 342,687 530,479 180,000 1,487,274
---0-- 1,536 1,099

Provided, that the Director of the Department of Public Safety is hereby authorized to pay dues for Geor gia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the International As sociation of Chiefs of Police (State and Provincial Po lice).

420

JOURNAL OF THE SENATE

Provided, however, that of the above appropriation for Conviction Reports, payment for conviction reports is not to exceed $.25 per conviction report.
Provided that to the extent that Federal Funds are realized in excess of the amounts of such funds contem plated in the Georgia Peace Officers Standards and Training Activity of this Act, the Office of Planning and Budget is authorized and directed to supplant State Funds appropriated herein. Provided further that such supplantation shall not be implemented if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project grants.
It is the intent of this General Assembly that for the purpose of purchasing Police Pursuit Motor Vehicles, the Department of Public Safety is hereinafter authorized to develop and establish specifications for said purchases of Police Pursuit Vehicles when such purchases are made by the State of Georgia, or otherwise placed a part of a State of Georgia Contract. Provided, further, that the de velopment of said specifications shall be submitted to the Purchasing Division of the Department of Administrative Services by November 1 of each year. Provided, further, the Department of Administrative Services is hereby in structed to complete said specifications and place to bid for the letting of contracts by December 1 of such fiscal year.

Section 35. Public School Employees' Retirement System.

Budget Unit: Public School Employees' Retirement System ..................... $ 11,978,100

Departmental Operations Budget:

Payments to Employees' Retirement System ..............
Employer Contributions ............
Total Funds Budgeted ............. State Funds Budgeted .............

160,000 11,818,100 11,978,100 11,978,100

Budget Unit Object Classes:

Payments to Employees' Retirement System . . .
Employer Contributions .

160,000 11,818,100

THURSDAY, JANUARY 20, 1983

421

Section 36. Public Service Commission.

Budget Unit: Public Service Commission ............

3,749,289

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

743,959 31,301 8,000 --0-- 1,200 876 --0-- 64,275 27,427 5,500 882,538 881,538 22

2. Transportation Budget:

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

1,007,577 138,455 38,079 ---0-- 9,500 --0-- 45,000 59,029 23,042 --0--
1,320,682 1,320,682
47

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

1,337,329 45,275 54,794 ---0-- 2,200 3,720 12,000 67,889 32,761 46,302
1,602,270 1,547,069
50

422

JOURNAL OF THE SENATE

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

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

3,088,865 215,031 100,873 --0--
12,900 4,596 57,000 191,193 83,230 51,802
119 26

Section 37. Regents, University System of Georgia.

A. Budget Unit: Resident Instruction and University System Institutions............

. $ 516,783,851

1. Resident Instruction Budget:

Personal Services: Educ., Gen., and Dept. Svcs.............. $ 411,480,622 Sponsored Operations ................... $ 56,703,427
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ 102,217,719 Sponsored Operations ................... $ 57,296,573
Office of Minority Business Enterprise ..................... $ 236,882
Special Desegregation Programs ............ $ 256,524
Satellite Medical Facility Program .............................. $ 500,000
Teachers' Retirement ..................... $ 50,316,904 Authority Lease Rentals .................. $ 16,367,000 Capital Outlay........................... $ 845,000 Total Funds Budgeted .................... $ 696,220,651

Less Agency Funds:

Departmental Income .......... Sponsored Income ............. Other Funds.................. Auxiliary Income ............. Indirect Communication Charges State Funds Budgeted ......... Total Positions Budgeted

14,600,000 114,000,000 119,153,761
2,782,000 3,027,300 442,657,590
16,849

Provided, that from appropriated funds in this budget unit, the amount of $16,367,000 is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds.

THURSDAY, JANUARY 20, 1983

423

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 pointment of funds to the various units of the University System from all funds available in the amounts necessary in the Fiscal Year to pay the annual lease contract com mitments for the acquisition of property as provided for in the provision of the State Constitution. The Board of Regents shall immediately report the same to the State Budget authorities for approval, whose approval shall be evidenced in writing.
Provided, that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution applicable to such salary to the Teachers' Retirement System.
No funds realized by the State Board of Regents of the Univerity System or any college or university, from the State General fund, from the Federal Government, or from any other source, shall be available for use or ex penditure 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 limita tion. Provided, further, that revenue from sales and ser vices 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 As sembly that the 1 '/2% Personal Services continuation fac tor incorporated into the Resident Instruction appropria tion in this Appropriations Act be utilized to provide 2'/2% merit-type increases.
Provided, the Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment Purchases without approval of the Office

424

JOURNAL OF THE SENATE

of Planning and Budget or the Fiscal Affairs Sub-Com mittees.
2. Marine Resources Extension Center Budget:
Personal Services: Educ., Gen., and Dept. Svcs. Sponsored Operations ......
Operating Expenses: Educ., Gen., and Dept. Svcs. Sponsored Operations ......
Total Funds Budgeted .......

Less Agency Funds:

Departmental Income .......... Sponsored Income ............. Other Funds.................. Indirect DOAS Services Funding State Funds Budgeted ......... Total Positions Budgeted
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

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

566,434
--0-- 132,376
9,800 689,940
27
754,983 675,000 515,000 875,000 2,819,983
--0-- 1,550,000
340,316 --0--
929,667 35
352,780 154,750 169,000 120,250 796,780

THURSDAY, JANUARY 20, 1983

425

Less Agency Funds:

Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

--0-- 275,000
7,296 ---0-- 514,484
19

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

9,117,265 21,600,000
6,717,254 17,891,438
420,887 55,746,844

Less Agency Funds:

Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds. ............................ $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

--0-- 39,491,438 11,120,624
117,600 5,017,182
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 .................... $

1,026,189 35,000
691,031 15,000
409,557 2,176,777

Less Agency Funds:

Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds. ............................ $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

--0-- 50,000 1,209,391 12,200 905,186
37

426

JOURNAL OF THE SENATE

7. Agricultural Experiment Station Budget:

Personal Services: Educ., Gen., Dept. Svcs. ................ $ Sponsored Operations ................... $
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Capital Outlay ........................... $ Total Funds Budgeted .................... $

18,241,224 3,700,000
7,378,220 2,000,000
--0-- 31,319,444

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 18,947,344
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 .................... $

20,691,973 4,590,000
3,108,990 2,010,000 30,400,963

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 18,469,263
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 .................... $

44,020,720 2,377,513
19,035,532 611,238
--0-- 66,045,003

THURSDAY, JANUARY 20, 1983

427

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 38,171,156 1,557,624
193,500 22,008,873
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 .................... $

889,749 --0--
150,000 1,715,716

Less Agency Funds:

Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

1,715,716 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 .................... $

770,416 --0--
883,567 --0--
1,653,983

Less Agency Funds:

Departmental Income ..................... $ Sponsored Income ........................$ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

--01,318,648

428

JOURNAL OF THE SENATE

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

111,268
88,778
1,900,000 1,785,000
150,000 185,000 4,220,046 4,220,046
4

Provided, that of the above appropriation, $185,000 is designated and committed for contracts with medical schools for a student preceptorship program. Provided, further, that each student participating in the program shall receive $500 and each family physician shall receive $500.

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

574,195 --0--
292,420 --0--
866,615

Less Agency Funds:

Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding .......... $ State Funds Budgeted .................... $ Total Positions Budgeted

493,390
373,225 34

Budget Unit Object Classes:

Personal Services: Educ., Gen., and Dept. Svcs.............. $ 508,597,818 Sponsored Operations ................... $ 89,835,690
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ 141,739,429 Sponsored Operations ................... $ 80,819,499
Office of Minority Business Enterprise ..................... $ 236,882

THURSDAY, JANUARY 20, 1983

429

Special Desegregation Programs ............ $ Satellite Medical Facility
Program .............................. $ Fire Ant Research ....................... $ Agricultural Research. .................... $ Disease Research......................... $ Advanced Technology
Development Center ................... $
Capitation Contracts for Family Practice Residency............... $
New Program Development Contracts for Family Practice Residency ..................... $
Residency Capitation Grants ............... $ Student Preceptorships .................... $ Teachers' Retirement ..................... $ Authority Lease Rentals .................. $ Capital Outlay--ETMH
Renovations ........................... $ Capital Outlay........................... $ Total Positions Budgeted

256,524
500,000 150,000 720,618
--0--
409,557
1,900,000
150,000 1,785,000
185,000 50,316,904 16,367,000
--0-- 845,000 22,144

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

$ 15,142,252

Regents Central Office Budget:

Personal Services......................... $ Operating Expenses....................... $ SREB Payments Medical Scholarships ....... Regents Opportunity Grants . Regents Scholarships ....... Grants to Junior Colleges ... Rental Payments to Georgia
Military College ......... Central Savannah River Area
Business League ......... Total Funds Budgeted ...... State Funds Budgeted ...... Total Positions Budgeted

2,702,870 653,960
4,402,833 547,500 500,000 200,000
5,983,628
190,000
15,180,791 15,142,252
98

Budget Unit Object Classes:

Personal Services......................... $ Operating Expenses....................... $ SREB Payments ......................... $ Medical Scholarships ..................... $ Regents Opportunity Grants ............... $ Regents Scholarships ..................... $

2,702,870 653,960
4,402,833 547,500 500,000 200,000

430

JOURNAL OF THE SENATE

Grants to Junior Colleges ................. $ Rental Payments to Georgia
Military College ....................... $ Central Savannah River Area
Business League ....................... $ Total Positions Budgeted Authorized Motor Vehicles

5,983,628
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 $776 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 .................... $

Less Agency Funds:

Departmental Income ..................... $

Sponsored Income ........................ $

Other Funds............................. $

Indirect DOAS Services Funding

$

State Funds Budgeted .................... $

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services ......................... $ Operating Services ....................... $ Total Positions Budgeted Authorized Motor Vehicles

3,987,727
2,851,255 --0--
2,965,746 --0--
5,817,001
3,987,727 137
2,851,255 2,965,746
137 14

Section 38. Department of Revenue.
Budget Unit: Department of Revenue ....... $
1. Departmental Administration Budget:
Personal Services ......................... $

34,218,422 1,073,353

THURSDAY, JANUARY 20, 1983

431

County Tax Officials/Retirement and PICA......................
Regular Operating Expenses ........ Travel ........................... Motor Vehicle Equipment Purchases . Publications and Printing........... Equipment Purchases .............. Computer Charges ................ Real Estate Rentals ............... Telecommunications ............... Per Diem, Fees and Contracts ...... Postage .......................... Total Funds Budgeted ............. Indirect Georgia Building
Authority Rents................. State Funds Budgeted ............. Total Positions Budgeted
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

610,000 96,926 7,150 8,670 17,000
2,335 5,000
23,000 3,000
150 1,846,584
--0-- 1,827,584
32
4,931,372 250,850 2,800 --0-- 416,380 60,400
2,612,918
1,078,000 33,500
9,471,220 1,316,049 8,155,171
242

Provided, that of the above appropriated amount re lating to motor vehicle tag purchases, $1,078,000 is des ignated and committed for use in contracting with the Department of Offender Rehabilitation for the produc tion 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....

... $

1,230,931

432

JOURNAL OF THE SENATE

Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases .......$ Publications and Printing................ $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. S Loans to Counties/Property
Reevaluation .......................... $ Grants to Counties/Appraisal
Staff .................................$ Postage ................................. S Total Funds Budgeted .................... $
Repayment of Loans to Counties/Property Revaluation ........... $
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 ............. $ Postage ................................. $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $

55,453 74,000 18,900 86,500
1,450 198,693
--0-- 21,200 145,000
--0--
1,358,500 12,500
3,203,127
--0-- 288,400 2,914,727
55
1,480,770 16,704 1,125 --0-- 70,550 5,140
476,572 --0-- 26,000 --0--
100,500 2,177,361
352,000 1,825,361
83
694,671 5,300 800 --0-- 53,000 1,350
219,811
988,232 187,375

THURSDAY, JANUARY 20, 1983

433

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 .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $

800,857 36
2,627,127 44,600 1,700 --0-- 337,250 14,650
2,096,950 --0-- 43,417 --0--
296,576 5,462,270 1,533,590 3,928,680
128
2,400,757 14,820
470,500 --0-- 3,200 2,800 4,000 --0-- 19,030 --0-- 75
2,915,182 2,915,182
82
6,664,189 198,365 297,000 31,425 49,200 23,202 96,200 225,165 200,000 --0-- 64,300
7,849,046 167,586
7,681,460

434

JOURNAL OF THE SENATE

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
Budget Unit Object Classes:
Personal Service ......................... $ 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 ............ $ Postage .................................$ Total Positions Budgeted Authorized Motor Vehicles

306
1,397,889 148,980 800 --0-- 336,000 21,600 123,604 852,872 13,700 --0--
1,273,955 4,169,400
--0-- 4,169,400
69
22,501,059
610,000 831,998 855,875
58,995 1,369,080
132,927 5,833,748 1,078,037
444,647 148,000
--0--
1,358,500 1,078,000
33,500 1,748,056
1,033 60

Section 39. Secretary of State.
A. Budget Unit: Secretary of State . .
1. Occupational Certification Budget:
Personal Services............... Regular Operating Expenses ....

$ 12,458,314
$ 2,727,286 $ 766,096

THURSDAY, JANUARY 20, 1983

435

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

$

85,172

$

12,400

$

77,820

$

16,023

$

95,000

$ 211,144

$

85,043

$ 298,171

$ 140,000

$ 4,514,155

$ 4,514,155

133

Occupational Certification Functional Budgets

Accountingg. .............. ..... $

Architect

..... $

Athletic ' rainers .......... ..... $

Auctioneerrs .............. ..... $

Barbers .

..... $

Chiropracttiic .............. ..... $

Construct! on Industry ...... ..... $

Cosmetolc gy ............. ..... $

Dentistry

... .. $

Engineers

.. . .. $

Forestry . .

..... $

Funeral S(ervice ........... ..... $

Geology . .id '.'.'.'.'.'.'.'.'.'.'.'.'. ..... $

Hearing A

..... $

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 ......

Board Costs
118,744 34,077
745 3,459 8,140 6,043 47,098 21,129 35,630 52,605 2,297 14,675 1,784 4,004 6,506 1,707
192,927
9,920 107,394
4,968 5,725 1,589 6,338 60,323 9,779 1,675 1,325 56,905 13,384 17,343 2,556 4,304 3,164

Cost of Operations
213,459 92,855
1,265 29,012 162,127 40,679 241,667 600,465 192,910 255,111 20,236 117,245 14,921 23,504 15,408 13,675
--0--
721,247
21,092 614,232 28,959 27,314
7,240 64,811 300,524 20,246 12,965 10,399 320,390 235,107 45,395 18,226 16,118 13,528

436

JOURNAL OF THE SENATE

Used Car Dealers ............. .$ Used Car Parts. ...............$ Veterinary ....................$ Wastewater ................... $ Well Water ................... $ Total......................... $

9,189 3,950 18,614 6,529 6,623 903,167

$ 151,080 $ 30,158 $ 61,113 $ 50,416 $ 18,831 $ 4,823,930

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

462,192 31,198 7,110 19,440 4,000 --0-- 47,915 17,290 10,982 2,100 400 602,627 602,627 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

546,665 18,204 1,263 --0-- 15,539 300 66,803 81,480 32,520 ---0-- 36,000
798,774 798,774
31

4. Drugs and Narcotics Budget:

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

418,282 34,822 22,550 12,700 300 --0-- --0-- 5,782 7,545 1,745 2,500

THURSDAY, JANUARY 20, 1983

437

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

506,226 506,226
15
1,931,617 222,077 22,782 --0-- 14,600 31,465 ---0-- 30,386 53,201 2,000 20,042
1,276,000 3,604,170 3,566,170
82
572,804 30,227
282 --0-- 110,860
828 12,047 6,085 18,296
200 21,411 773,040 773,040
29
778,065 54,071 4,624 ---0-- 47,663
164 12,000 21,240 22,958
25 24,554 965,364 965,364

438

JOURNAL OF THE SENATE

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 ..................................$ 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 .................................$ Authority Lease Rentals .................. $

35
80,970 3,940 1,730
4,357
10,496 2,570 3,860 3,300 111,223 111,223
3
192,664 16,938
315
3,000
--0-- 4,619
350 2,849 400,000 620,735 620,735
8
7,710,545 1,177,573
145,828 44,540 278,139 48,780 233,765 383,903 237,734 308,451 400,000 251,056 1,276,000

THURSDAY, JANUARY 20, 1983
Total Positions Budgeted Authorized Motor Vehicles

439
354 71

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

944,915
513,602 148,927 12,000 30,832 29,000
2,000 82,800 33,600 15,854 76,300 944,915 944,915
27

Real Estate Commission Functional Budget

Cost of

State Funds

Operations

Pos.

Real Estate Commission.. $ 944,915

$ 985,865

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

513,602 148,927 12,000 30,832 29,000
2,000 82,800 33,600 15,854 76,300
27 11

Section 40. Georgia Student Finance Commission.
Budget Unit: Georgia Student Finance Commission .................... $ 14,978,146

440

JOURNAL OF THE SENATE

1. Internal Administration Activity Budget:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommuniations ............... Per Diem, Fees and Contracts ..... Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted
2. Higher Education Assistance Corporation Budget:
Payment of Interest and Fees ..... Total Funds Budgeted ............ State Funds Budgeted .......... Total Positions Budgeted
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
Budget Unit Object Classes:
Personal Services................. 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 ...

1,842,641 150,225 48,400 --0-- 55,000 56,335 --0-- --0-- 62,040 54,500
2,269,141 --0-- 89
426,500 426,500 376,500
0
3,151,496 11,100,000 3,977,915
137,050
24,000
42,000 18,432,461 14,601,646
0
1,842,641 150,225 48,400
62,040 54,500 426,500

THURSDAY, JANUARY 20, 1983

441

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

3,151,496 11,100,000 3,977,915
24,000
137,050
42,000 89 1

Provided, that of the above appropriated amount rel ative to Educational Loans an amount not to exceed $12,000 may be used to provide stipends for training re cruitment, teacher and counselor personnel in health career fields and other fields for which funds are provided herein for the making of cancellable loans to students.
Provided, that the above appropriated amount rela tive to Educational Loans shall otherwise be used to pro vide 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 pursu ant 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 desig nated and committed for the purpose of providing cancel lable loans to students who are eligible members of the Georgia National Guard; (c) an amount not to exceed $360,000 is designated and committed for the purpose of providing cancellable loans to classroom teachers seeking special eduation training; and (d) an amount not to ex ceed $40,000 is designated and committed for the pur pose of providing cancellable loans to students who are to become agricultural teachers.
Provided, that the above appropriated amount rela tive to Student Incentive Grants provides for payment 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 rela tive to Tuition Equalization Grants provides for payment of grants of $700 per academic year, and for payment of grants for the summer school quarter or semester, to un-

442

JOURNAL OF THE SENATE

dergraduate students attending private colleges in Geor gia as provided for in Article 5 of Code Chapter 32-37 (Code Sections 20-3-410 through 20-3-416), and H.B. 589.
Provided, that the above appropriated amount rela tive to North Georgia College ROTC Grants provides for payment of grants to eligible students as provided for in Article 6 of Code Chapter 32-37 (Code Sections 20-3430 through 20-3-436).
Provided, that the above appropriated amount rela tive to Law Enforcement Personnel Dependents' Grants provides for payment of grants to eligible students as pro vided for in Article 7 of Code Chapter 32-37 (Code Sec tions 20-3-450 through 20-3-455).
Provided, that the above appropriated amount rela tive to North Georgia College Military Scholarships pro vides for payment of scholarships to select recipients as provided for in Artile 9 of Code Chapter 32-37 (Code Sections 20-3-420 through 20-3-437).
Provided, that the above appropriated amount rela tive 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 spe cial allowances to lenders as provided for in Code Section 32-3313 (Code Section 20-3-272) and Code Section 323710 (Code Section 20-3-319).

Section 41. Soil and Water Conservation Commit tee.
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 .................. $

804,810
395,955 35,692 39,000 ---0-- 10,369

THURSDAY, JANUARY 20, 1983
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 .......... 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 . . .

443
1,300
20,385 10,089 115,700 628,490 628,490
12
129,594 12,040 9,490
12,300
717
4,000 3,953
3,200
1,026 176,320 176,320
5
525,549 47,732 48,490 12,300 11,086
1,300 4,000 24,338 13,289 116,726
17 3
2,139,100
1,368,782 67,915 20,600
--0-- 48,825

444

JOURNAL OF THE SENATE

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 .................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage ............$ Cost of Living Increases for
Local Retirement System Members ....... $ Floor Fund for Local
Retirement Systems .................... $ Total Positions Budgeted Authorized Motor Vehicles

8,990 386,935 83,300 44,200 165,360 66,600
792,000
1,347,100 4,400,607 2,139,100
62
1,368,782 67,915 20,600 ---0-- 48,825 8,990 386,935 83,300 44,200 165,360 66,600
792,000
1,347,100 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 .......

$ 412,731,302
71,858,748 4,576,224 1,040,000
310,000 49,350 32,915 985,020

THURSDAY, JANUARY 20, 1983

445

Per Diem, Fees and Contracts ............. $ 5,943,000

Capital Outlay........................... $ 414,787,382

Geodetic Control ......................... $ 295,872

Capital Outlay--Paving

State and Local Schools

and State Institutions ................... $ 750,000

Capital Outlay--Paving State

Parks and Historic Sites. ................ $ 500,000

Capital Outlay--Paving

Farmers Markets....................... $

35,000

Capital Outlay--Railroad

Grade Separation ...................... $

35,000

Eugene Talmadge Memorial

Bridge Study .......................... $ 200,000

Total Funds Budgeted .................... $ 501,398,511

State Funds Budgeted .................... $ 182,270,231

Total Positions Budgeted

3,023

2. Maintenance and Betterments Budget:

Personal Services ......................... $ 54,739,110

Regular Operating Expenses ............... $ 37,647,600

Travel ..................................$ 353,350

Motor Vehicle Equipment

Purchases ............................. $

Publications and Printing .... $

11,000

Equipment Purchases ..................... $

Computer Charges ....................... $

Real Estate Rentals ...................... $

Telecommunications ...................... $ 131,138

Per Diem, Fees and Contracts

... $ 1,040,811

Capital Outlay ........................... $ 72,192,197

Total Funds Budgeted .................... $ 166,115,206

State Funds Budgeted .................... $ 163,915,206

Total Positions Budgeted

3,564

3. Facilities and Equipment Budget:

Motor Vehicle Equipment Purchases Equipment Purchases ............. Capital Outlay................... Total Funds Budgeted ............ State Funds Budgeted ............

1,000,000
2,200,000 115,000
3,315,000 3,215,000

4. Assistance to Counties Budget:

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

9,317,013 9,317,013 9,317,013

5. Administration Budget:

Personal Services............. Regular Operating Expenses .

7,884,087 886,325

446

JOURNAL OF THE SENATE

Travel ..................................$ Motor Vehicle Equipment
Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Authority Lease Rentals .................. $ State of Georgia General
Obligation Debt Sinking Fund ........... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

105,000
--0-- 490,528
--0-- 829,527 925,000 233,700 190,000 24,873,157
8,463,166 44,880,490 39,851,917
321

Appropriation of State funds in the foregoing De partment of Transportation budgets shall be in conform ity with and pursuant to Article III, Section X, Para graph 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 imme diately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the Fiscal Division of the Department of Administrative Services in the immediately preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation paya ble in lieu of the amount appropriated herein.
Provided, however, that objects for Activities financed by Motor Fuel Tax including Planning and Con struction, Maintenance and Betterments, Authority Lease Rentals, General Obligation Debt Sinking Fund Pay ments, Administration, and Grants to Counties, may be adjusted for any additional appropriations and/or bal ances 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 De partment 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 Gov ernment, including all cost items incident thereto. For the cost of road and bridge construction and surveys, mainte nance and improving the State Highway System of roads

THURSDAY, JANUARY 20, 1983

447

and bridges, and the costs incident thereto provided all expenditures for county contracts 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 Trans portation may add, delete and substitute Federal aid projects to secure the full benefit of the Federal aid pro gram. Provided, further, that in order to meet the re quirements of the Interstate System with regard to com pletion 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 ad vanced budgetary authorization for the letting and execu tion of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Ser vices and constitutionally appropriated to the Department of Transportation.
For lease rental obligations of the Department of Transportation to the Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence and for appropriations to the 'State of Georgia General Obligation Debt Sinking Fund' for the specific purpose of paying annual debt ser vice requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transporta tion.
For grants to counties for aid in county road constrution and maintenance to be distributed and disbursed to various counties of the State by the Fiscal Division of the Department of Administrative Services in the same pro portional 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 As sembly that the Department of Transportation is author-

448

JOURNAL OF THE SENATE

ized to use interstate rehabilitation funds for four-laning and passing lanes.
Provided that State Funds appropriated for on-system Resurfacing, Four-Laning and Passing Lanes in the foregoing activities may be used to match additional Fed eral Aid resulting from the increase in the Federal Motor Fuel Tax.
Appropriations for the foregoing activities include an appropriation that shall be utilized for the specific pur pose and amounts as shown below:
Planning and Construction Geodetic Control ....................... $ Capital Outlay--Paving State and Local Schools and State Institutions .......................... $ Paving State Parks and Historic Sites ........................ $ Capital Outlay--Paving Farmers Markets ..................... $ Eugene Talmadge Memorial Bridge Study ........................ $ Capital Outlay--Railroad Grade Separation .................... $

295,872
750,000 500,000 35,000 200,000 35,000

This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropriations of an amount equivalent to motor fuel tax revenue re quired under Article III, Section X, Paragraph VII, sub section (b) of the State Constitution.
6. 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 author ity, shall execute an affadavit annually that funds re ceived under this Section have been expended in accor dance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Ad ministrative Services. At the request of the Governor of

THURSDAY, JANUARY 20, 1983

449

the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall
cause an audit to be made of any municipality to deter mine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipal ity in any future year.

Provided, further, that the above sums shall be dis tributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter.

7. 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

508,269 456,100
11,000 --0--
200 6,000 --0--
1 4,610
500 125,000 1,111,680 722,699
16

8. Inter-Modal Transfer Facilities Budget:

Personal Services ......................... $ Regular Operating Expense ................$ 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

652,408 48,148 22,100 --0-- 26,000
600 --0-- --0-- 19,140 714,500
700,000
1,000,000
270,000 2,977,940 6,430,836 3,668,236
22

450

JOURNAL OF THE SENATE

9. Harbor Maintenance Budget:
Harbor Maintenane Payments.... Capital Outlay--Land Acquisition Total Funds Budgeted ........ State Funds Budgeted ..........
Budget Unit Object Classes:
Personal Services............... Regular Operating Expenses Travel ........................ Motor Vehicle Equipment
Purchases ................... Publications and Printing........ Equipment Purchases ........... Computer Charges ............. Real Estate Rentals ............ Telecommunications ............ Per Diem, Fees and Contracts Capital Outlay................. Mass Transit Grants............ Grants to Municipalities ........ Harbor Maintenance Payments . . . Grants to Counties ............. Authority Lease Rentals ........ Capital Outlay--Airport
Development ................ State of Georgia General
Obligation Debt Sinking Fund ....................... Capital Outlay--Airport Operational Improvements ..... Capital Outlay--Airport Approach Aid ............... Geodetic Control ............... Capital Outlay--Paving State and Local Schools and State Institutions ......... Capital Outlay--Paving State Parks and Historic Sites. ...... Capital Outlay--Paving Farmers Markets............. Capital Outlay--Railroad Grade Separation ............ Eugene Talmadge Memorial Bridge Study ................ Total Positions Budgeted Authorized Motor Vehicles

454,000 --0--
454,000 454,000

135,642,622 43,614,397
1,531,450

1,000,000
837,728 2,255,950
829,527 957,916 1,373,608 7,888,811 487,219,579 2,977,940 9,317,000 454,000 9,317,013 24,873,157

$

700,000

$ 8,463,166
$ 1,000,000
270,000 295,872

750,000
500,000
35,000
35,000
200,000 6,946 4,800

For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety, the provision of air trans-

THURSDAY, JANUARY 20, 1983

451

portation 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 up grade 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 (!/2) of the Nonfederal share when matching both Federal and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund partici pation. Provided, further, that the Department of Trans portation is authorized to utilize State airport Develop ment Funds at 100% of the total cost of an individual airport project for airports owned by the State of Geor gia.
Provided, that $454,000 of the above allocation for harbor maintenance payments is designated and commit ted for payment for harbor maintenance and improve ments at Savannah.
Provided, further, that the Department of Transpor tation is authorized and directed to transfer to Personal Services from other object classes such funds as are re quired to fund the increased Personal Services costs con templated in this Act, subject only to approval by the Of fice 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.

Section 44. Department of Veterans Service.
Budget Unit: Department of Veterans Service ...........................
1. Veterans Assistance Budget:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ..... Postage .........................

$ 11,546,614
3,042,767 72,388 72,200
17,000 4,000
136,930 57,250 5,000 30,800

452

JOURNAL OF THE SENATE

Total Funds Budgeted .... State Funds Budgeted ... Total Positions Budgeted Authorized Motor Vehicles
2. Veterans Home and Nursing FacilityMilledgeville Budget:
Capital Outlay................ Equipment Purchases .......... Regular Operating Expenses
for Projects................. Operating Expenses/Payments to
Central State Hospital ....... Total Funds Budgeted ......... State Funds Budgeted .........
3. Veterans Nursing HomeAugusta Budget:
Capital Outlay................ Equipment Purchases .......... Regular Operating Expenses
for Projects................. Operating Expenses/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

3,438,335 3,192,422
142 1
29,983 34,889 7,385,921 7,450,793 6,013,423

$ 3,098,419 $ 3,122,489 $ 2,340,769

3,042,767 72,388 72,200

17,000 42,942

136,930 57,250 5,000

30,800

7,385,921

3,098,419

$

50,000

142

1

THURSDAY, JANUARY 20, 1983

453

Section 45. Workers' Compensation Board.
Budget Unit: Workers' Compensation Board ................................$
1. Workers' Compensation Administration Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
2. Vocational Rehabilitation Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Positions Budgeted Authorized Motor Vehicles

4,257,346
3,049,388 82,191 40,000 --0-- 34,000 10,800 118,644 365,141 72,270 37,590 51,800
3,861,824 3,847,324
127
317,198 8,620 10,900 --0-- 2,000 3,305 --0-- 41,553 7,884 12,062 6,500
410,022 410,022
15
3,366,586 90,811 50,900 --0-- 36,000 14,105 118,644 406,694 80,154 49,652 58,300 142 1

454

JOURNAL OF THE SENATE

Section 46. State of Georgia General Obligation Debt Sinking Fund.
Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) .................. $ 83,639,440

Section 47. 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' mar kets in the Department of Agriculture, and there is hereby appropriated $5,884,000 for the purpose of providing operating funds for the State physical health laboratories ($175,000--Budget Unit 'A') and for State mental health/mental retardation institutions ($5,709,000--Budget Unit 'C') in the Department of Human Resources. Provided, further, the Office of Plan ning and Budget is hereby authorized to transfer funds from this section to the Department's budget on a quar terly basis in an amount equal to that which the Depart ment remits to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 48. 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 appropriation to appropriate budget units for the purpose of making such payments.
Section 49. It is the intent of this General Assembly that to the greatest extent feasible, the Georgia Building Authority (Hospital) and Georgia Building Authority (Penal) utilize existing surplus funds for payments to bond trustees for unmatured issues to eliminate the ne cessity of debt-service appropriations in State Fiscal Year 1984 and thereafter.
Section 50. It is the intent of this General Assembly that each and every agency, board, commission and au thority 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, in cluding 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 As sembly that each State agency utilizing xerographic re producing equipment maintain a log for each unit of equipment indicating the date, number of copies and such other data determined appropriate to control the utiliza-

THURSDAY, JANUARY 20, 1983

455

tion of such equipment. It is the further intent of this General Assembly that each State agency implement pro cedures to control usage of long-distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 51. It is the intent of the General Assembly that to the extent to which Federal funds become availa ble in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been ap propriated to supplant Federal funds, which such sup planted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio exper ienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budget.
It is the further intent of this General Assembly that the Office of Planning and Budget utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Planning and Budget provide written notice to the members of the Appropria tions Committees of the Senate and House of Represent atives of the instances on noncompliance with the stated intent of this Section.
Section 52. It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each activity contained in this Appropriations Act.
Section 53. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 54. No State appropriations authorized under this Act shall be used to continue programs cur rently funded by 100% Federal funds.
Section 55. Provided further that no State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including

456

JOURNAL OF THE SENATE

but not limited to the Georgia Interactive Statewide Tele communications Network either directly or indirectly.
Section 56. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby ap propriated payable to each department, agency, or insti tution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed 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 rea son any of the sums herein provided under any other pro vision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institu tion involved, an amount sufficient to satisfy such defi ciency in full and the lease payment constitutes a first charge on all such appropriations.
The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the gen eral obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds.
Section 57. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report sub mitted to the General Assembly at the 1983 regular ses sion, 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 ob jects, programs, and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond fiscal year 1983, and provided, further, that no funds whatsoever shall be transferred between objects without the prior approval of at least eleven (11) mem bers 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 de rived. 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

THURSDAY, JANUARY 20, 1983

457

which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, ex cept 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 man ner 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 austerity reductions applied in this appropriations act, it is the in tent of this General Assembly that the budget reductions to eliminate such excesses be applied only to common ob ject classes.
Section 58. Wherever in this Act the term 'Budget Unit Object Classes' is used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit, and shall supersede the object classification shown in the Budget Report for S.F.Y. 1983 submitted to the General Assembly at the 1983 regular session.
Section 59. It is the intent of the General Assembly that for the purposes of this Act,
(1) Authorized motor vehicles are defined as sedans, pick-up trucks, vans, station wagons and any other such vehicles for street and highway use, and
(2) The number of authorized motor vehicles indi cated 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 au thorized in this Act unless specifically approved by this General Assembly.
Section 60. Provided, further, that reductions in common object class fundings as indicated in the Com parative Summary of H.B. 1 which are in excess of those recommended by the Governor are to be taken in com mon object classes only, and are not to be directed at agencies or activities which are attached for administra tive purposes only. Common object classes for the pur poses of this Act are as follows: Personal Services, Regu lar Operating Expenses, Travel, Publications and

458

JOURNAL OF THE SENATE

Printing, Computer Charges, Real Estate Rentals, Tele communications, Utilities and Per Diem, Fees and Con tracts.
Section 61. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Section of this Act shall be in excess of the ac tual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.
Section 62. TOTAL STATE FUND APPROPRIATIONS
State F.Y. 1983. ..................... $ 3,633,184,311.

Section 63. This Act shall become effective upon its approval by the Governor or upon its becoming law with out his approval.
Section 64. All laws and parts of laws in conflict with this Act are hereby repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law with out his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Starr of the 44th moved that the Senate adopt the Conference Committee report on HB 1.

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman

Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris

Harrison Hine Holloway Horton Howard Kennedy Kidd Lester Littlefield McGill McKenzie Peevy

THURSDAY, JANUARY 20, 1983

459

Perry Phillips Scott of 2nd Scott of 36th
Scott of 43rd

Starr Stumbaugh Tate Thompson
Timmons

Trulock Turner
Tysmger Walker

''hose not voting were Senators:

Bond Brannon

Hill Hudgins

Land Summers (deceased)

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1.

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

SB 1. By Senators Cobb of the 28th, Hill of the 29th, Holloway of the 12th and others:
A bill to amend Chapter 5 of Title 3 of the Official Code of Georgia Anno tated, relating to malt beverages.

The Senate Committee on Industry and Labor offered the following substitute to SB 1:

A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufacture, distribution, and sale of malt beverages, so as to pro vide for the distribution of malt beverages; to provide definitions; to provide for purposes and policies; to provide for designated territories; to provide for limitations on business interests; to prohibit certain conduct; to provide for applicability; to provide for other matters relative to the foregoing; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufacture, distribution, and sale of malt beverages, is amended by striking Code Section 3-5-22, which reads as follows:
"3-5-22. (a) No shipper, brewer, or importer may ship malt bever ages within or into the state without first obtaining a proper license from the commissioner in the manner provided in this title.

460

JOURNAL OF THE SENATE

(b) In addition to any required bond and such other documentation as may be required by the commissioner pursuant to this title, each ship per shall submit with his application one label for each brand of malt beverage to be shipped for the first time by the shipper into the state.",
and inserting in lieu thereof the following:
"3-5-22. Reserved."
Section 2. Said article is further amended by adding at the end thereof new Code Sections 3-5-29, 3-5-30, 3-5-31, 3-5-32, 3-5-33, and 3-5-34 to read as follows:
"3-5-29. As used in Code Sections 3-5-30 through 3-5-34, unless the context clearly requires otherwise, the term 'agreement' shall mean a commercial relationship, not required to be evidenced in writing, of defi nite or indefinite duration between a brewer and a malt beverage whole saler pursuant to which the wholesaler has been authorized to distribute one or more of the brewer's brands of malt beverage.
3-5-30. (a) Code Sections 3-5-31 through 3-5-34 are promulgated pursuant to the authority granted to the state under the provisions of the Twenty-first Amendment to the United States Constitution and specifi cally for the following purposes and policies:
(1) To prohibit unfair business practices and to prevent any one seg ment of the malt beverage industry to gain unfair advantage over the other segments;
(2) To foster vigorous and healthy interbrand competition in the malt beverage industry;
(3) To provide an orderly three-tier system for the distribution and sale of good quality malt beverages in the State of Georgia;
(4) To promote the public health, safety, and welfare of the people of the State of Georgia; and
(5) To provide a distribution system for malt beverages that will facilitate the collection and accountability of state and local excise taxes.
(b) The provisions of Code Sections 3-5-31 through 3-5-34 may not be varied by separate agreement and any such attempt shall be void and unenforceable as being violative of the public policy of this state.
(c) The commissioner shall have the authority to promulgate such regulations as are consistent with the stated policies of this article.
3-5-31. (a) No shipper shall be permitted to ship beer into the state without first obtaining a proper license from the commissioner in the manner provided in this title.
(b) In addition to the bond required in Code Section 3-5-25.1 and such other documentation required by the commissioner pursuant to this title, each shipper shall:

THURSDAY, JANUARY 20, 1983

461

(1) Submit with his application one label for each brand of beer to be shipped for the first time by the shipper into the state;
(2) Designate in the application for registration sales territories for each of its brands sold in Georgia; and
(3) Name one licensed wholesaler in each territory who, within the territory, shall be the exclusive distributor of the brand within the territory.
(c) Designations of wholesalers or wholesalers' territories as pro vided in this Code section shall be initially approved by the commissioner and shall not be changed nor initially disapproved except for cause. The commissioner shall determine cause after a hearing under regulations promulgated by the commissioner for such purposes.
3-5-32. No licensed registered brewer, broker, or importer author ized to do business in this state nor any of his employees or Kiembers of such brewer's, broker's, or importer's immediate family shall have, own, or enjoy ownership interest in or partnership arrangement with the busi ness of any wholesaler or retailer licensee. Cooperative advertising and incentive programs shall not be deemed to constitute a partnership agreement.
3-5-33. No brewer, broker, or importer shall:
(1) Induce or coerce, or attempt to induce or coerce, any wholesaler to accept delivery of any malt beverage which has not been ordered or agreed upon by the wholesaler, provided that recommendation, endorse ment, exposition, persuasion, or argument shall not be deemed to consti tute inducements, coercion, or requirements prohibited by this Code section;
(2) Require a wholesaler to assent to any unreasonable requirement, condition, understanding, or term of an agreement limiting the whole saler's right to sell the produce of any other brewer, broker, or importer;
(3) Fix or maintain the price at which a wholesaler may resell beer, whether by the terms or requirements imposed on the wholesaler under an agreement or otherwise; or
(4) Require or prohibit any change in the management or supervi sory employees of a wholesaler unless the current or proposed employees fail to meet essential, reasonable, and nondiscriminatory requirements imposed by an agreement's express terms.
3-5-34. Code Sections 3-5-29 through 3-5-33 shall apply to designa tions in effect on or after July 1, 1983.
Section 3. This Act shall become effective July 1, 1983.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

462

JOURNAL OF THE SENATE

Senator Cobb of the 28th offered the following amendment: Amend the substitute to SB 1 offered by the Senate Committee on In
dustry and Labor by striking on Page 4, line 19 the word "produce"
and inserting in lieu thereof the word "product".

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

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

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Kennedy Kidd Land Lester Littiefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Hill

Hudgins

Summers (deceased)

On the passage of the bill, the yeas were 53, nays 0.

THURSDAY, JANUARY 20, 1983

463

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

The following communications were received and read by the Secretary:

The General Assembly Atlanta

TO:

Honorable Max Cleland

Secretary of State

This is to certify that Honorable J. O. Bacon, Bryan County, has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, as a member of the State Transportation Board from the First Congressional District, for a term of five years and until his successor is elected and qualified, such terms beginning April 16, 1983, and expiring April 15, 1988.

This 19th day of January, 1983.
/s/ Zell Miller President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly Atlanta

TO:

Honorable Max Cleland

Secretary of State

This is to certify that Honorable Hugh D. Broome, Seminole County, has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, as a member of the State Trans portation Board from the Second Congressional District, for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1983, and expiring April 15, 1988.

464

JOURNAL OF THE SENATE

This 19th day of January, 1983.
/s/ Zell Miller President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

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 of Conference on the follow ing bill of the House:

HB 1. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1982-83, known as the "General Appropriations Act," so as to change the revenue estimate and certain appropriations for the State Fiscal Year 198283.

Serving as doctor of the day today was Dr. Evan Boddy of Woodstock, Georgia.

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

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

FRIDAY, JANUARY 21, 1983

465

Senate Chamber, Atlanta, Georgia Friday, January 21, 1983 Twelfth 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 Hine of the 52nd reported that the Journal of yesterday's proceedings had been read and found correct.

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

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

Mr. President:

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

HB 197. By Representative Cox of the 141st:
A bill to provide for the election of members of the board of education of Seminole County.

HB 215. By Representative Hudson of the 117th: A bill to create and establish a Small Claims Court of Wilcox County.

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

SB 142. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of property, so as to change the provi sions relating to adjustment and equalization of county tax digests; to change certain procedures.
Referred to Committee on Banking and Finance.

466

JOURNAL OF THE SENATE

SB 143. By Senator Kidd of the 25th:
A bill to amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confine ment, so as to change the penalty provisions relating to the crime of escape.
Referred to Committee on Judiciary and Constitutional Law.

SB 144. By Senator Kidd of the 25th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to implement certain changes required by Article VI of the Constitution.
Referred to Committee on Judiciary.

SB 145. By Senator Cobb of the 28th:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle parts dealers, dismantlers, and rebuilders and salvage dealers, so as to change the termination date of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuild ers, and Salvage Dealers and the date of repeal of laws relating to such board.
Referred to Committee on Governmental Operations.

SB 146. By Senators Holloway of the 12th and Kidd of the 25th:
A bill to amend Code Section 34-7-4 of the Official Code of Georgia Anno tated, relating to payment of outstanding wages to surviving spouse or minor children by certain employers, so as to eliminate the maximum amount which can be paid to the surviving spouse or minor children of state employees.
Referred to Committee on Industry and Labor.

SB 147. By Senators Walker of the 19th, Cobb of the 28th, English of the 21st and others:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to authority and procedure for state purchasing, so as to provide for preferential treatment of domestic steel products in the awarding of public work contracts by the state and its boards, departments, institutions, and political subdivisions.
Referred to Committee on Industry and Labor.

SB 148. By Senator Howard of the 42nd:
A bill to amend Code Section 42-8-72 of the Official Code of Georgia Anno tated, relating to community service as a condition of probation for certain offenders, so as to remove certain limitations on court orders of community service as a condition of probation.
Referred to Committee on Offender Rehabilitation.

FRIDAY, JANUARY 21, 1983

467

SB 149. By Senator Howard of the 42nd:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Anno tated, relating to general provisions regarding licensure of professions and businesses, so as to provide for definitions; to provide for Senate confirma tion of appointees to state examining boards.
Referred to Committee on Governmental Operations.

SB 150. By Senator Howard of the 42nd:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions regarding torts, so as to provide that no physician shall be liable for any injury resulting from the administering of medicine pursuant to any state mandated program, where the recipient of such medicine experiences any adverse reaction to such medicine.
Referred to Committee on Human Resources.

SB 151. By Senator Brown of the 47th:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Anno tated, relating to telegraph service, so as to define certain terms; to provide that a percentage of incorporators be residents of Georgia.
Referred to Committee on Public Utilities.

SB 152. By Senators McKenzie of the 14th, Tysinger of the 41st, Harrison of the 37th and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to provide for the liability of third persons to employer and employee.
Referred to Committee on Industry and Labor.

SB 153. By Senator Coggin of the 35th:
A bill to amend Code Section 16-1-8 of the Official Code of Georgia Anno tated, relating to when a prosecution is barred by a former prosecution for the same crime, so as to provide that termination is not improper when the trial court finds that the termination is necessary because prejudicial con duct in or out of the courtroom makes it impossible to proceed with the trial without injustice to the defendant or the state.
Referred to Committee on Judiciary.

SB 154. By Senator tester of the 23rd:
A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Anno tated, relating to accountants, so as to clarify certain matters relating to the board membership; to delete the residency requirement for certified public accountants and registered public accountants.
Referred to Committee on Governmental Operations.

468

JOURNAL OF THE SENATE

SB 155. By Senator Coggin of the 35th:
A bill to amend an Act creating the State Court of Fulton County, as amended, so as to authorize the county to pay a publication subsidy to cer tain newspapers for printing the court calendar.
Referred to Committee on Federal, State and Community Affairs.

SB 156. By Senator Coggin of the 35th:
A bill to amend Code Section 15-6-80 of the Official Code of Georgia Anno tated, relating to the payment of costs for transcripts of the trial record, so as to provide that an estimated cost of the preparation of a transcript of the record shall be prepared and paid prior to preparing the record of trial.
Referred to Committee on Judiciary.

SR 60. By Senators Hollowary of the 12th, Thompson of the 32nd and Foster of the 50th:
A resolution encouraging all schools to administer the Armed Services Vo cational Aptitude Battery Test (ASVAB).
Referred to Committee on Education.

SR 61. By Senators Garner of the 30th, Engram of the 34th, Harrison of the 37th and others:
A resolution proposing an amendment to the Constitution so as to provide that certain public officeholders shall be deemed to have automatically re signed at the time of qualifying as a candidate for a different public office; to provide for applicability; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.

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

HB 197. By Representative Cox of the 141st:
A bill to provide for the election of members of the board of education of Seminole County.
Referred to Committee on Federal, State and Community Affairs.

HB 215. By Representative Hudson of the 117th: A bill to create and establish a Small Claims Court of Wilcox County.
Referred to Committee on Federal, State and Community Affairs.

FRIDAY, JANUARY 21, 1983

469

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

SB 4. By Senators Thompson of the 32nd, Coverdell of the 40th and Bond of the 39th:
A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to certain prohibited acts in the sale and distri bution of alcoholic beverages, as amended, so as to change certain age re quirements relative to the unlawful purchase, sale, distribution, and con sumption of alcoholic beverages.

SB 5. By Senators Thompson of the 32nd, English of the 21st, tester of the 23rd and others:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide limitations on the authority of the State Board of Pardons and Paroles to grant pardons or paroles to persons incarcerated for a second or subsequent time for offenses for which life imprisonment could have been imposed.

SB 6. By Senators Thompson of the 32nd and Lester of the 23rd:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia An notated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to provide for forfeiture of moneys, negotiable instruments, se curities, and other things of value used to facilitate violations of the "Geor gia Controlled Substances Act".

SB 18. By Senator Allgood of the 22nd:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to jurisdiction, power, and duties of the Public Service Commission, so as to provide definitions.

SB 36. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize of ficers and employees of the state to engage in political activities under cer tain conditions.

SB 45. By Senators Turner of the 8th, Deal of the 49th, Perry of the 7th and others:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to criminal issuance of bad checks, so as to change the pen alty for certain crimes involving bad checks.

470

JOURNAL OF THE SENATE

SB 56. By Senators Tysinger of the 41st, McKenzie of the 14th and Foster of the 50th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to require the board to pro vide injured workers with certain information concerning rights, benefits, and obligations of injured workers under the workers' compensation laws.

SB 83. By Senator Brown of the 47th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Anno tated, relating to motor carriers, so as to change the provisions, relating to the authority of the commission to prescribe reasonable rates, fares, and charges for motor common carriers.

SB 84. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 15 of the Official Code of Georgia Anno tated, relating to administration of courts of record, so as to provide that any pleadings or other documents filed in any court of record may be pre pared on letter-size paper.

SB 105. By Senator Coverdell of the 40th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Fulton County; to provide for the requirements and procedures of the nonpartisan nomination and election.

SR 11. By Senators Barnes of the 33rd, Dean of the 31st, Foster of the 50th and others:
A resolution creating the Governor's Education Review Commission so as to provide for its composition; to provide for the powers and duties of the com mission; to provide for staff support for the commission; to provide for ex penditure of funds and the payment of expenses; to provide for the expira tion of the commission.

HB 76. By Representative Ramsey of the 3rd:
A bill to provide for a new board of education of Murray County; to provide for the election of the members of said board of education of Murray County.

HB 112. By Representative Adams of the 79th:
A bill to amend an Act establishing a new charter for the City of Thomaston, Georgia, so as to change the method of selecting members of the board of education.

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

FRIDAY, JANUARY 21, 1983

471

The President announced that the chaplain of the day was unable to be present today due to the excessive accumulation of ice and snow on the roads and asked that the Senators bow their heads and repeat the Lord's Prayer.

The following resolution of the Senate was read and adopted:

SR 63. By Senator Mine of the 52nd: A resolution commending the Boys Club of Rome, Georgia.

The President announced that the Senate would stand in recess from 10:15 o'clock A.M. until 5:00 o'clock P.M. at which time the Senate would stand adjourned pursuant to HR 32, adopted previously, until 10:00 o'clock A.M. on Monday, January 31.

472

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, January 31, 1983 Thirteenth Legislative Day

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

Senator Barker of the 18th reported that the Journal of the proceedings of Friday, January 21, 1983, 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 157. By Senator Scott of the 43rd:
A bill to amend Article 4 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to junior colleges, so as to change the provisions relative to payments by the board of regents to certain local operating authorities.
Referred to Committee on Higher Education.

SB 158. By Senator Littlefield of the 6th:
A bill to amend Code Section 9-11-41, relating to dismissal of civil actions, so as to change the time during which actions may be dismissed.
Referred to Committee on Judiciary and Constitutional Law.

SB 159. By Senator Dean of the 31st:
A bill to amend Code Section 28-3-1 of the Official Code of Georgia Anno tated, relating to the election and compensation of doorkeepers and messen gers, so as to delete the provisions relating to the doorkeeper and messenger for the Senate; to provide for a sergeant-at-arms for the Senate; to provide an effective date.
Referred to Committee on Rules.

SB 160. By Senator Kidd of the 25th:
A bill to amend an Act abolishing the present mode of compensating the judge of the Probate Court of Jones County, known as the fee system, and providing in lieu thereof an annual salary, as amended, so as to change the compensation provisions relating to the judge of the probate court.
Referred to Committee on Federal, State and Community Affairs.

MONDAY, JANUARY 31, 1983

473

SB 161. By Senators Lester of the 23rd and Gillis of the 20th:
A bill to amend Code Section 7-1-37 of the Official Code of Georgia Anno tated, relating to restrictions on the commissioner, officials, and examiners and penalties for violations, so as to provide that the restrictions applicable to certain prohibited financial transactions shall only apply to the commis sioner, the statutory deputy commissioner, and professional examining personnel.
Referred to Committee on Banking and Finance.

SB 162. By Senators Lester of the 23rd and Gillis of the 20th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to authorize the Department of Banking and Finance to suspend from office any director, officer, or em ployee of any financial institution who shall have been indicted for any crime involving moral turpitude or breach of trust or who shall have filed bankruptcy in an individual capacity or in the name of any majority owned corporate interest.
Referred to Committee on Banking and Finance.

SB 163. By Senators Howard of the 42nd, Allgood of the 22nd and Starr of the 44th:
A bill to amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide for interest rates on life insurance policy loans.
Referred to Committee on Insurance.

SB 164. By Senator Tate of the 38th:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia An notated, relating to sick leave for teachers and other personnel, so as to change the provisions relative to the accumulation of sick leave.
Referred to Committee on Education.

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

Mr. President:

Your CoTimittee on Judiciary and Constitutional Law has had under considera tion the following bills of the House and Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 61. Do pass by substitute.

474

JOURNAL OF THE SENATE

HB 136. Do pass.

Respectfully submitted, Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 69. Do pass as amended. SB 70. Do pass by substitute.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 147. Do pass by substitute.
Respectfully submitted,
Senator Walker of the 19th District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation 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 111. SB 124. HB 190. HB 191.

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

HB 192. HB 193. HB 197. HB 215.

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

Respectfully submitted,

Senator Scott of the 43rd District, Chairman

MONDAY, JANUARY 31, 1983

475

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 105. By Senator Coverdell of the 40th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Fulton County; to provide for the requirements and procedures of the nonpartisan nomination and election.

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

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

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

HB 76. By Representative Ramsey of the 3rd:
A bill to provide for a new board of education of Murray County; to provide for the election of the members of said board of education of Murray 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 112. By Representative Adams of the 79th:
A bill to amend an Act establishing a new charter for the City of Thomaston, Georgia, so as to change the method of selecting members of the board of education.

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

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

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

476

JOURNAL OF THE SENATE

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

Allgood Barker Barnes Bond Bowen Brannon
oBroun off 46thu

English Engram Fincher Foster Garner Gillis
Hams

Littlefield McGill McKenzie Peevy Perry Phillips
SSccott ooff 32n6dth

Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

Holloway Horton Howard Hudgins Kennedy Kidd Land Lester

^.tarr T <* te Thompson Timmons Trulock Turner Tysinger Walker

Those not answering were Senators:

Harrison (excused)

Stumbaugh

Summers (deceased)

Serving as doctor of the day on January 24 while the General Assembly was in recess was Dr. Gail Anderson of Atlanta, Georgia.

Senator Horton of the 17th introduced the chaplain of the day, Reverend James Miller, of McDonough, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 62. By Senator Garner of the 30th: A resolution expressing sorrow at the passing of Mr. F. M. Chalker.

SENATE CALENDAR
Monday, January 31, 1983
THIRTEENTH LEGISLATIVE DAY
SB 59 Auto Safety Restraints for Child under 3--parents responsible (SUB STITUTE) (Trns-- 22nd)
SB 63 Former Members of General Assembly--local pension plans (Ret-- 40th)
SB 65 Commissioner of Transportation--modify term of office (Trns--33rd)

MONDAY, JANUARY 31, 1983

477

SB 13 Police Dog--unlawful to destroy or cause physical injury (Gov Op--25th)
SB 14 Police Training, Employment--define "police dog" (AMEND MENT) (Gov Op--25th)
SB 31 Probate Court Costs--change for certain services (Gov Op--25th)
SB 32 Probate Court Judges--minimum salaries (SUBSTITUTE) (Gov Op--25th)
SB 49 Coroners--change bond and surety requirement (Gov Op--51st)
SB 50 Coroner's Training Council--create (Gov Op--51st)
SB 64 Special Education Programs--grant program to local schools (Ed--33rd)
SB 67 Jury Duty--judge's exemptions and peremptory challenges (J&CL--33rd)
SB 89 State Revenue Commissioner and Deputy--change qualifications (Gov Op--33rd)
SB 91 State Officers, Employees--may instruct evening sports, recreational courses (Gov Op--6th)
SB 4 Alcoholic Beverage Sale, Consumption--change age requirements (C&Y--32nd)
SB 5 Second Time Offense Where Life May be Imposed--limits on parole (SUBSTITUTE) (Judy--32nd)
SB 6 Controlled Substances--forfeiture of moneys, etc, to facilitate viola tions (Judy--32nd)
SB 18 Public Service Commission--temporary rate schedules (SUBSTI TUTE) (Pub U--22nd)
SB 36 State Officers, Employees--engage in political activities certain condi tions (SUBSTITUTE) (Gov Op--25th)
SB 45 Crimes Involving Bad Checks--change penalty (J&CL--8th)
SB 56 Workers' Compensation--certain information to injured workers on rights (I&L--41st)
SB 83 Motor Common Carriers--collective rate-making procedures (SUB STITUTE) (Pub U--47th)
SB 84 Court of Record--documents prepared on letter-size paper (J&CL--33rd)
SR II Governor's Education Review Commission--create (AMEND MENT) (Ed--33rd)

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

SB 59. By Senator Allgood of the 22nd:
A bill to amend Code Section 40-8-76 of the Official Code of Georgia Anno tated, relating to safety belts required for passenger automobiles, so as to

478

JOURNAL OF THE SENATE

provide that parents or legal guardians shall be responsible for placing their children under three years of age in certain child restraint devices when children are being transported in passenger automobiles within this state.

The Senate Committee on Transportation offered the following substitute to SB 59:

A BILL TO BE ENTITLED AN ACT
To amend Code Section 40-8-76 of the Official Code of Georgia Anno tated, relating to safety belts required for passenger automobiles, so as to provide that every driver shall be responsible for placing children under three years of age in certain child restraint devices when children are being transported in passenger automobiles within this state; to provide for excep tions; to provide for other matters relative to the foregoing; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-8-76 of the Official Code of Georgia Anno tated, relating to safety belts required for passenger automobiles, is amended by striking said section in its entirety and substituting in lieu thereof a new Code Section 40-8-76 to read as follows:
"40-8-76. (a) (I) No new private passenger automobile manufac tured after January 1, 1964, shall be sold to the general public in this state unless such automobile shall be equipped with two sets of safety belts for the front seat thereof. The safety belts may be installed by the manufacturer prior to delivery to the dealer, or they may be installed by the dealer.
(2) Any person violating paragraph (1) of this subsection shall be guilty of a misdemeanor.
(b) (1) On and after January 1, 1984, every driver who regularly and customarily transports a child under the age of three years in a pas senger automobile, van, or pickup truck, other than one operated for hire, which is registered in this state shall, while such motor vehicle is in mo tion and operated on a public road, street, or highway of this state, pro vide for the protection of such child in a child passenger restraining sys tem approved by the United States Department of Transportation under Federal Motor Vehicle Safety Standard 213 in effect on January 1, 1983. The provisions of this subsection shall not apply to a nonresident trans porting a child in this state and shall not apply when the child's personal needs are being attended to.
(2) (A) Any person violating paragraph (1) of this subsection shall be issued a citation. The original of the citation shall be retained by the issuing law enforcement agency for a period of 14 days after the date of issuance. If within this 14 day period the person to whom the citation is issued presents to the issuing law enforcement agency proof of acquisi tion, by purchase, rental, loan, or gift, of a child passenger restraining

MONDAY, JANUARY 31, 1983

479

system meeting the criteria of paragraph (1) of this subsection, then the issuing law enforcement agency shall void the citation.
(B) Any person who violates paragraph (1) of this subsection and who fails to present proof of the acquisition of a child passenger re straining system as provided in subparagraph (A) of this paragraph shall be guilty of a misdemeanor. The hearing on such charge shall be as spec ified in the original citation issued pursuant to subparagraph (A) of this paragraph.
(C) Upon conviction of an offense under this subsection, the defen dant shall be punished by a fine of not more than $25.00.
(c) It shall be the duty of the Governor's Office of Highway Safety to implement and coordinate a program to inform parents and other citi zens of Georgia of the reasons for the enactment of subsection (b) of this Code section. Such program shall be carried out prior to January 1, 1984. The Governor's Office of Highway Safety shall solicit the coopera tion and assistance of the Georgia Highway Patrol, the Georgia Sheriffs Association, the Medical College of Georgia, the Georgia Hospital Asso ciation, the Georgia Association of Educators, the Georgia ParentTeacher Association, and other appropriate organizations in educating the citizens of the state and in implementing, coordinating, and carrying out the program provided for herein.
(d) Violation of this Code section shall not constitute negligence per se nor contributory negligence per se."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Land of the 16th offered the following amendment:

Amend the substitute to SB 59 offered by the Senate Committee on Transporta tion on Page 1, line 4 and Page 2, line 3 by changing the word "three" to "four".

On the adoption of the amendment, the yeas were 33, nays 10, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 33, nays 9, 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:

480

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Dawkins Dean English

Engram
Fincher
Foster Garner
Gillis
Greene Harris Hine Holloway Horton Howard Hudgins Kidd
Land
Lester

Littlefield McGill McKenzie Perry Phillips Scott of 36th Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Brannon Bryant Deal

Kennedy Peevy

Scott of 2nd Stumbaugh

Those not voting were Senators:

Harrison (excused)

Hill

Summers (deceased)

On the passage of the bill, the yeas were 46, nays 7.

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

SB 63. By Senators Coverdell of the 40th and Trulock of the 10th:
A bill to amend Code Section 28-1-9 of the Official Code of Georgia Anno tated, relating to service in the General Assembly being credited under pen sion plans of political subdivisions when former members of the General As sembly become officials or employees of such political subdivisions, so as to provide that service in the General Assembly after a certain date may not be obtained as creditable service under any local retirement or pension system.

MONDAY, JANUARY 31, 1983

481

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 Loyce Turner, Chairman

Senate Retirement Committee

FROM:

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

DATE:

January 13, 1983

SUBJECT: Fiscal Note--Senate Bill 63 (LC 7 5065) Local Retirement and Pension Systems

This Bill would give local retirement and pension systems the option of not granting creditable service to officials and employees of that political subdivision for previous service in the General Assembly. Only those persons elected to the General Assembly for the first time after July 1, 1983 would be affected; presently local systems are required to grant creditable service to persons who become officials and employees of its political subdivision after March 6, 1962.
The fiscal impact of this Bill cannot be determined. Any local system that chooses not to grant creditable service to former members of the Gen eral Assembly would realize a reduction in future costs. The amount of this reduction would depend on the number of years of service in the General Assembly, future earnings, and provisions of the local retirement systems.

/s/ 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 Barker Barnes Bond Bowen Brannon Brantley Broun of 46th

Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins

Deal Dean English Engram Fincher Foster Garner Gillis

482

JOURNAL OF THE SENATE

Greene Harris Hill Mine HHiHtooolrwlt.ooawnrday
Kennedy Kidd Land

Lester Littlefield McGill McKenzie PPnPeeherilrvlyyips
Scott of 2nd Scott of 36th Scott of 43rd

Starr Stumbaugh Tate Thompson --Ti.mmons
Frulock
Turner Tysinger Walker

Voting in the negative was Senator Hudgins.

Not voting were Senators Harrison (excused) and Summers (deceased).

On the passage of the bill, the yeas were 53, nays 1.

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

SB 65. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Code Section 32-2-40 of the Official Code of Georgia Anno tated, relating to the commissioner of transportation, so as to modify the term of office of the commissioner of transportation.

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

On 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 Brann,on
o ra % ,, u Broun of 46th
QBjwbbnt Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gi His Greene
"arris .,,
HHionreton " oward Hudgins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd
Scott of 36th Scott of 43rd
SSttuamrr baugh Tate Thompson Timmons Trulock Turner Tysinger Walker

MONDAY, JANUARY 31, 1983

483

Voting in the negative was Senator Burton.

Those not voting were Senators:

Harrison (excused)

Holloway

Summers (deceased)

On the passage of the bill, the yeas were 52, nays 1.

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

SB 49. By Senator Brannon of the 51st:
A bill to amend Code Section 45-16-4 of the Official Code of Georgia Anno tated, relating to bonds for coroners, so as to change the bond and surety requirement for coroners.

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

On 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 Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Not voting were Senators Harrison (excused) and Summers (deceased).

On the passage of the bill, the yeas were 54, nays 0.

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

484

JOURNAL OF THE SENATE

Senator Phillips of the 9th introduced the doctor of the day, Dr. Larry Anderson, of Snellville, Georgia.

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

SB 50. By Senator Brannon of the 51st:
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 Train ing Council; to provide a short title; to define certain terms; to provide for the membership of the council.

Senator Brannon of the 51st moved that SB 50 be committed to the Senate Com mittee on Governmental Operations.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 50 was committed to the Senate Committee on Governmental Operations.

SB 4. By Senators Thompson of the 32nd, Coverdell of the 40th and Bond of the 39th:
A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to certain prohibited acts in the sale and distri bution of alcoholic beverages, as amended, so as to change certain age re quirements relative to the unlawful purchase, sale, distribution, and con sumption of alcoholic beverages.

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

On 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 Bwen BBrraannntloeny Brown of 47th Burton Cobb Coggin Coleman

Coverdell Dawkins Dean
English Engram ,F-.mch, er Foster Glllis Greene Harris Holloway

Horton Hudgins Land
McGill Perry TMPh.i-lnl-ips Scott of 36th Starr Tate Thompson Turner

MONDAY, JANUARY 31, 1983

485

Those voting in the negative were Senators:

Broun of 46th Bryant
GHaCilrlanl er Mine Howard

Kennedy Kidd
H LMitc*tKle^efinezl(idJe Peevy Scott of 2nd

Scott of 43rd Stumbaugh
_TTrimul,mocok,ns Tysinger Walker

Not voting were Senators Harrison (excused) and Summers (deceased).

On the passage of the bill, the yeas were 34, nays 20.

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

SB 5. By Senators Thompson of the 32nd, English of the 21st, tester of the 23rd and others:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide limitations on the authority of the State Board of Pardons and Paroles to grant pardons or paroles to persons incarcerated for a second or subsequent time for offenses for which life imprisonment could have been imposed.

The Senate Committee on Judiciary offered the following substitute to SB 5:

A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide limitations on the authority of the State Board of Pardons and Paroles to grant pardons or paroles to persons convicted of murder who in previous incarcerations have been sentenced to life imprisonment; to pro vide limitations on the authority of the State Board of Pardons and Paroles to grant pardons and paroles to persons incarcerated for consecutive life sentences as the result of offenses occurring during the same series of acts when one of the consecutive life sentences is for murder; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief,

486

JOURNAL OF THE SENATE

is amended by adding at the beginning of said Article 2, immediately pre ceding Code Section 42-9-40, a new Code Section 42-9-39 to read as follows:
"42-9-39. (a) The provisions of this Code section shall be binding upon the board in granting pardons and paroles, notwithstanding any other provisions of this article or any other law relating to the powers of the board.
(b) When a person is convicted of murder and sentenced to life im prisonment and such person has previously been incarcerated under a life sentence, such person shall serve at least 25 years in the penitentiary before being granted a pardon and before becoming eligible for parole.
(c) When a person receives consecutive life sentences as the result of offenses occurring in the same series of acts and any one of the life sentences is imposed for the crime of murder, such person shall serve consecutive seven-year periods for each such sentence, up to a maximum of 28 years, before being eligible for parole consideration.
(d) Any other provisions of this Code section to the contrary not withstanding, the board shall have the authority to pardon any person convicted of a crime who is subsequently determined to be innocent of said crime."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Allgood Barker Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman

Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris

Hill Hine Holloway Horton Howard Hudgins Kennedy Land Lester Littlefield McGill McKenzie

MONDAY, JANUARY 31, 1983

487

Peevy Perry Phillips Scott of 2nd

Scott of 36th Scott of 43rd Starr Tate

Thompson Trulock Turner Walker

Those voting in the negative were Senators:

Barnes

Kidd

Bond

Stumbaugh

Those not voting were Senators:

Harrison (excused) Summers (deceased)

Timmons

Tysinger

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

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

SB 6. By Senators Thompson of the 32nd and Lester of the 23rd:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia An notated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to provide for forfeiture of moneys, negotiable instruments, se curities, and other things of value used to facilitate violations of the "Geor gia Controlled Substances Act".

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton

Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster

Garner Gillis Greene Harris Hill Holloway Horton Howard Hudgins Kennedy Kidd

488
Land Lester Littlefield MMccGKielnl zie Peevy Perry

JOURNAL OF THE SENATE

Phillips Scott of 2nd Scott of 36th SSctaortrt of 43rd
Stumbaugh
Tate

Thompson Timmons Tminrt T' urner
Tysinger
Walker

Voting in the negative was Senator Hine.

Not voting were Senators Harrison (excused) and Summers (deceased).

On the passage of the bill, the yeas were 53, nays 1.

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

The following communications from Honorable Max Cleland, Secretary of State, were received and read by the Secretary:

Secretary of State 214 State Capitol
Atlanta 30334
January 28, 1983
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I am transmitting to you herewith a revised certified list of those per sons, who registered in the Docket of Legislative Appearance for the 1983 Regular Session as of 3:00 PM on January 14, 1983. The list is numbered 1 through 334.
Sincerely,
/s/ Max Cleland Secretary of State
Attachment
Received by /s/ Hamilton McWhorter, Jr.

MONDAY, JANUARY 31, 1983

489

STATE OF GEORGIA Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby cer tify that the attached list contains the names and addresses of those persons, numbered 1 through 322, who have registered in the Docket of Legislative Appearance as of January 14, 1983, 3:00 P.M., in accordance with Georgia Laws 1970, pp. 695, as the same appears of file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and af fixed the seal of my office, at the Capitol, in the City of Atlanta, this 14th day of January, in the year of our Lord One Thousand Nine Hundred and Eighty-Three and of the Independence of the United States of America the Two Hundred and Seven.
/s/ Max Cleland Secretary of State

PERSONS REGISTERED IN THE DOCKET OF LEGISLATIVE APPEARANCE--1983
1. Mark A. Fackler Georgia Credit Union League, Inc. P.O. Box 29884 Atlanta, Georgia 30359
2. Adele M. Ward League of Women Voters of Ga. 868 Castle Falls Drive, N.E. Atlanta, Georgia 30329
3. Thomas P. Knox United Family Life Insurance Co. 335 5th Street Atlanta, Georgia 30308
4. Ed McGill Georgia Alcohol Dealers Assn. 3200 Ebenezer Road Conyers, Georgia 30207
5. Jack Molnar Union Carbide Corporation 17 Executive Park Drive Atlanta, Georgia 30359
6. Lenecia L. Bruce DeKalb League of Women Voters 1118 Houston Mill Road Atlanta, Georgia 30329
7. Vermel M. Bolton League of Women Voters-Atlanta Fulton County 532 Cleveland Avenue, S.W. Atlanta, Georgia 30315

490

JOURNAL OF THE SENATE

8. Esta Geoffroy League of Women Voters 2574 Casa Blanca Drive Lithonia, Georgia 30058
9. Stephen Martin Newton Georgia Farm Bureau P.O. Box 7068 Macon, Georgia 31298
10. Joseph A. Parker Georgia Hospital Assn. North X Northwest Office Park Atlanta, Georgia 30339
11. Stephen E. Janas Georgia Dental Association 2951 Flowers Road, South Atlanta, Georgia 30341
12. Ellen A. Rhoades Auditory Educational Clinic 3016 Lanier Drive Atlanta, Georgia 30319
13. Esther Kirk Eddy Auditory Educational Clinic 3311 Henderson Creek Road, NE Atlanta, Georgia 30341
14. Cheatham E. Hodges, Jr. Ga. Catholic Conference Association of Private Colleges & Universities in Georgia Georgia Podiatric Medical Association
15. James M. Christian CIBA-GEIGY Corporation 4439 Shelborne Drive Dunwoody, Georgia 30338
16. Aubrey T. Villines, Jr. Ga. Chiropractic Assoc. Consulting Engineers Council of Georgia Ga. Assoc. of Marriage & Family Therapy Ga. Chapter of National Assoc. of Social Workers Ga. Personnel & Guidance Assoc.
17. Demetrius Mazacoufa Georgia Nurses Association Suite 1525 Healey Bldg. Atlanta, Georgia 30303
18. Bob Watson Fulton Federal Savings & Loan P.O. Box 1077 Atlanta, Georgia 30370

MONDAY, JANUARY 31, 1983

491

19. J.W. "Bill" Whitaker Georgia Farm Equipment Dealers Assn. P.O. Box 351 Dawson, Georgia 31742
20. Gary P. Fowler Georgia Branch, AGC Inc. 147 Harris Street, N.W. Atlanta, Georgia 30313
21. Roy W. Sockwell Christian Science Committee on Publication 3230 Peachtree Road, N.E. Atlanta, Georgia 30305
22. Maynard A. Mobley American Association of Retired Persons 5332 Orchard Place Lake City, Georgia 30252
23. Tom Keating Atlanta Public Schools P.O. Box 25 Decatur, Georgia 30031-0025
24. Maureen M. Lok League of Women Voters 3793 Raccoon Run Marietta, Georgia 30062
25. Corrinne Merrick PTA 335 Lamplighter Lane Marietta, Georgia 30067
26. Linda Gruehn Parent-Teacher Association 1275 Partridge Way Marietta, Georgia 30062
27. Margaret R. Ball Georgia PTA 2479 Dug Gap Road, S.W. Dalton, Georgia 30720
28. Frank L. Carter Georgia Textile Manufacturers Assoc. 2640 NBG Building Atlanta, Georgia 30303
29. Charles L. Adamson, DC G.C.A. 2160 East Lake Road Atlanta, Georgia 30307
30. Judith H. Rhodes League of Women Voters of Ga. 2772 Mornington Drive Atlanta, Georgia 30327

492

JOURNAL OF THE SENATE

31. James L. Mynes ITT Consumer Financial Corp. P.O. Box 1513 Decatur, Alabama 35602
32. Cathy Alexander Council for Children, Inc. 100 Edgewood Avenue Suite 1008 Atlanta, Georgia 30303
33. Charles R. Grantland Great Southern Paper Company P.O. Box 44 Cedar Springs, Georgia 31732
34. Charles R. Morrison Sears, Roebuck & Company 1651 Planters Row Stone Mountain, Georgia 30087
35. Joe H. McKenzie, Jr. Freeport Kaolin Company 119 Island View Drive, N.E. Milledgeville, Georgia 31061
36. Don Cargill Georgia Chamber of Commerce 575 N. Omni International Atlanta, Georgia 30335
37. Nancy Livingston May Georgia Chamber of Commerce 575 N. Omni International Atlanta, Georgia 30335
38. Paul H. Hanes Anheuser-Busch Companies, Inc. 161 17th Street Atlanta, Georgia 30309
39. Bert Fridlin National Federation of Independent Business 1447 Peachtree Street, N.E. Suite 804 Atlanta, Georgia 30309
40. Vita R. Ostrander American Association Retired Persons 1839 Mt. Royal Drive, N.E. Atlanta, Georgia 30329
41. General Eugene A. Salet Georgia Military College Milledgeville, Georgia 31061
42. Inez L. Hawkins Georgia Military College 201 E. Greene Street Milledgeville, Georgia 31061

MONDAY, JANUARY 31, 1983

493

43. Jerry Hill The Amoco Companies P.O. Box 5077 Atlanta, Georgia 30302
44. Richard B. Cobb Petroleum Council of Georgia 230 Peachtree Street, N.W. Atlanta, Georgia 30303
45. Richard J. Burrell Household International Inc. 981 Guys Court Lilburn, Georgia 30247
46. Ovid H. Stephenson State Career and Retired Employees 1977 Ridgewood Drive, N.E. Atlanta, Georgia 30307
47. Robert E. Woodard Petroleum Council of Georgia 230 Peachtree Street, N.W. Suite 1500 Atlanta, Georgia 30303
48. Rudolph Peshera American Association of Retired People 6514 Boca Grande Blvd. Forest Park, Georgia 30050
49. Steven E. McWilliams Georgia Mining Association Georgia Concrete & Products Assn. 2906 Glenhaven Court Conyers, Georgia 30207
50. Stephen Georgeson Sears, Roebuck & Company Georgia Retail Association 675 Ponce de Leon Avenue Atlanta, Georgia 30395
51. Kent Lawrence Georgia Chamber of Commerce 575 N. Omni Atlanta, Georgia 30335
52. E. B. "Manny" Manheimer Cumberland Consultants 3611 Shadowwood Parkway, N.W. Atlanta, Georgia 30339
53. John P. Gartin State Farm Insurance Companies One State Farm Plaza Bloomington, Illinois 61701

494

JOURNAL OF THE SENATE

54. Vernon Duncan State Farm Insurance Company 8001 Baymeadows Way Jacksonville, Florida 32296
55. George Ann Hoffman Georgia Federation of Women's Club 797 San Miguel Drive Stone Mountain, Georgia 30083
56. James H. Purcell Independent Insurance Agents of Georgia 2000 Clearview Avenue, N.E. P.O. Box 48386 Atlanta, Georgia 30362
57. Jack W. Houston Georgia Association of Petroleum Retailers 900 N. Hairston Road Suite D Stone Mountain, Georgia 30083
58. James R. Loyd Georgia Tire Dealers & Retreaders Assn. 300 West Wieuca Road Suite 115 Atlanta, Georgia 30342
59. Robert A. Cucchi TRW Inc. 1507 Peachtree Center Harris Tower 2333 Peachtree Center Atlanta, Georgia 30303
60. Dov Schwartz Georgia State University Box 456 University Plaza Georgia State University Atlanta, Georgia 30303
61. William T. Schwendler, Jr. Solar Energy Industries Assoc. of Georgia, Inc. Grumman Corporation 301 Perimeter Center North Suite 220 Atlanta, Georgia 30346
62. James (Jim) Martin Georgia Society of CPA's 3340 Peachtree Street, N.E. Atlanta, Georgia 30026
63. Walt Elder The Bucket Brigade Inc. 75 Piedmont Avenue, N.E. Suite 370 Atlanta, Georgia 30303

MONDAY, JANUARY 31, 1983

495

64. Sheila Abercrombie Myself 2903 Vogue Drive Douglasville, Georgia 30135
65. Patty Partin Georgia PTA 210 Indian Trail, N.E. Dalton, Georgia 30720
66. William Graham Ponder, Jr. First Atlanta Corporation #2 Peachtree Street Atlanta, Georgia 30303
67. Brian R. Foster Citizens and Southern Georgia Corporation 99 Annex Atlanta, Georgia 30399
68. Retty Bowen Atlanta Association For Retarded Citizens Suite 110 168 Tully Circle, N.E. Atlanta, Georgia 30329
69. Joseph A. Sports 3 M Company Kunian Enterprises International Horizons Kree Institute Catrala
70. John F. Chambless Georgia Branch, Associated General Contractors 147 Harris Street, N.W. Atlanta, Georgia 30313
71. Jack Nugent The Retired Officers' Association 4337 Lafayette Lane College Park, Georgia 30337
72. W. A. Hathaway Georgia Federation-National Assoc. Retired Federal Employees 1067 McConnell Drive Decatur, Georgia 30033
73. T. H. LaFountain AVCO Financial Services 5736 DeKalb Lane Norcross, Georgia 30093
74. Bob Short Hospital Corporation of America Federation of Georgia Hospitals Box 98007 Atlanta, Georgia 30349

496

JOURNAL OF THE SENATE

75. Colonel John W. Callaway Georgia Retired Officers Assoc. U.S. Army Retired 165 Rue Fontaine Decatur, Georgia 30038
76. Susan G. Littauer Georgia Association of Physician Assistants P.O. Box 5495 Atlanta, Georgia 30307
77. Edward H. Gaile Georgia Association of Physician Assistants P.O. Box 2047 Decatur, Georgia 30031
78. Marshall F. Sinback, Jr. Georgia Association of Physician Assistants 4669 Five Forks Trickum Road Lilburn, Georgia 30247
79. Henry P. Zimmer United Way of Metropolitan Atlanta, Inc. 100 Edgewood Avenue Atlanta, Georgia 30303
80. Richard E. Hitt Mental Health Assoc. of Ga. 100 Edgewood Avenue, N.E. Atlanta, Georgia 30303
81. J. C. Reynolds A.T.U. 732 250 Tenth Street, N.E. Atlanta, Georgia 30309
82. H. M. Fulbright Georgia Association of Educational Leaders 301 Ferndale Road Carrollton, Georgia 30117
83. Gary Ashley Georgia School Board Assn. 4649 Stonehenge Drive Atlanta, Georgia 30360
84. Skip Yow Georgia School Board Assn. S. Lakeshore Drive Carrollton, Georgia 30117
85. Beth F. Bussey, R.D. Georgia Dietetic Assn. 592 Park Avenue, S.E. Atlanta, Georgia 30312

MONDAY, JANUARY 31, 1983

497

86. Larry A. Whitlock Georgia Federation of Young Republican Clubs 200 26th Street, N.W. Apt. L204 Atlanta, Georgia 30309
87. Rachel B. Champagne Metropolitan Atlanta Crime Comm. 1161 Milmar Drive, N.W. Atlanta, Georgia 30303
88. Roy A. Hanson Metropolitan Atlanta Crime Comm. 267 Midvale Drive, N.E. Atlanta, Georgia 30342
89. Gene Slade Metropolitan Atlanta Crime Comm. 100 Edgewood Avenue, N.E. Atlanta, Georgia 30303
90. Melinda Parrill-Burnstein, Ph. D Georgia Learning Disabilities 1717 N. Rock Springs Road Atlanta, Georgia 30324
91. Luther W. Livingston, Jr. Sandoz/Dorsey Pharmaceuticals 3307 Leeds Way Duluth, Georgia 30136
92. Elizabeth B. Duncan Ordinary Citizen Sapiens, Limited 660 Elkmont Drive, N.E. Atlanta, Georgia 30306
93. Dr. H. Clark Gregory Ordinary Citizen 119 7th Street, N.E. #4 Atlanta, Georgia 30308
94. Thomas A. Player American Council of Life Insurers Georgia State Assn. of Life Underwriters Aetna Life & Casualty 46 Camden Road Atlanta, Georgia 30309
95. Frank T. Bunch Chevron USA Inc. P.O. Box 1706 Atlanta, Georgia 30301
96. Thomas G. Cook Georgia Pharmaceutical Assn. 67 Monet Court, N.E. Atlanta, Georgia 30327

498

JOURNAL OF THE SENATE

97. Steve Levetan Georgia Assn. of Scrap Processors 80 Milton Avenue, N.E. Atlanta, Georgia 30315
98. Samuel L. Dumas Georgia Power Company 4685 Heatherwood Drive Atlanta, Georgia 30331
99. Jerry S. Porter Solar Energy Industry Assn. of Ga. 3350 Mt. Gilead Road, S.W. Atlanta, Georgia 30311
100. Robert S. Scott Container Corporation of America 5853 E. Ponce de Leon Ave., Stone Mountain, Georgia 30086
101. David M. Framer Alliance of American Insurers 235 Peachtree Street, N.E. Suite 1606 Atlanta, Georgia 30348
102. Sybil R. Hedden Georgia Womens Coalition 3640 Potomac Drive East Point, Georgia 30344
103. Marie Steinmeyer Georgia Women Coalition for Medical Freedom Inc. 3985 Lynfield Court College Park, Georgia 30349
104. Bill McBrayer Georgia Retail Assn. Chain Drug Federation of Ga. Georgia Opticians Association
105. Frank D. Roberts Georgia FOP 714 B. Moreland Ave., S.E. Atlanta, Georgia 30316
106. Tone Garrett Georgia Asphalt Pavement Assn. 1000 Circle 75 Parkway Atlanta, Georgia 30339
107. Denise McLaughlin Georgia Abortion Rights Action League 31 Roanoke Avenue Atlanta, Georgia 30305

MONDAY, JANUARY 31, 1983

499

108. Katherine Durant Georgia Abortion Rights Action League 330 Church Street Suite 231 Decatur, Georgia 30030
109. Dr. J. C. Mullis Georgia Retired Teachers Assn. 3875 Barnett Shoals Road Athens, Georgia 30605
110. Everett Gill III Christians Against Hunger in Ga. 201 Washington Street, S.W. Atlanta, Georgia 30303
111. John W. Cox Georgia Association of Realtors 3200 Presidential Drive Atlanta, Georgia 30340
112. Jim Martin Georgia Association of Criminal Defense Lawyers Citizens Participation in Government Project Self 161 Spring Street, Suite 615 Atlanta, Georgia 30303
113. Pat Gardner Georgia Psychological Assn. 668 East Pelham Atlanta, Georgia 30324
114. Joan Cates Georgia Housing Coalition 250 Georgia Avenue, S.E. Room 330 Atlanta, Georgia 30303
115. Jean H. Fountain Georgia Recreation & Parks Society Inc. 4319 Covington Highway Suite 209 Decatur, Georgia 30035
116. Howard A. Gold Child Service & Family Counseling Center 1105 W. Peachtree Street Atlanta, Georgia 30309
117. Charles Graves Independent Bankers Assn. of Georgia 1900 Emery Street Suite 101 Atlanta, Georgia 30318

500

JOURNAL OF THE SENATE

118. Conrad M. Fowler West Point Pepperel P.O. Box 71 West Point, Georgia 31833
119. Linda G. Womack Georgia Electric Membership Corp. 148 International Blvd. Suite 845 Atlanta, Georgia 30043
120. Kay H. Pippin Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30233
121. Glenn Newsome Georgia Assn. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
122. Thomas T. Gresham Legiswatch P.O. Box 76235 Atlanta, Georgia 30358
123. Edmund C. Martin Georgia School Food Service Assn. 2289 Shasta Way, N.E. Atlanta, Georgia 30345
124. Len Pagano Cobb County Chamber of Commerce 820 Cobb Parkway Marietta, Georgia 30062
125. Herman L. Moore Georgia Pacific Corp. 1033 Peachtree Street, N.E. Atlanta, Georgia 30303
126. Joseph R. Parrott, Jr. ITT Rayonier P.O. Box 45165 Atlanta, Georgia 30320
127. Amy Abernathy Georgia Women's Political Caucus 3998 Sable Court Tucker, Georgia 30084
128. Michael J. Egan Sutherland Asbill & Brennan 3100 First Atlanta Tower Atlanta, Georgia 30383
129. Betsy Bean Georgia Women's Political Caucus 641 East Avenue Atlanta, Georgia 30312

MONDAY, JANUARY 31, 1983

501

130. Stacy Erb Georgia Women's Political Caucus 110 Tuxedo Terrace Atlanta, Georgia 30342
131. William G. Sanders Georgia Association of Broadcasters 6065 Roswell Road Suite 604 Atlanta, Georgia 30328
132. F. Thomas Longerbeam Motor Vehicle Mfg. Assn. 5 Dunwoody Park Atlanta, Georgia 30338
133. Rufus T. Dorsey, IV Alston & Bird 35 Broad Street Atlanta, Georgia 30335
134. Frank M. Conner, 111 Alston & Bird 35 Broad Street Atlanta, Georgia 30335
135. Judy Ford Stokes Georgia Dietetic Association 2041 West Wesley Road, N.E. Atlanta, Georgia 30327
136. Fred B. Kitchens, Jr. Wine & Spirits Wholesalers of Ga. Six Perimeter Center Suite 414 3525 Piedmont Road, N.E. Atlanta, Georgia 30305
137. Joe Neuhaus Burroughs Wellcome Co. 2676 Sherlock Drive Decatur, Georgia 30034
138. Herbert H. Mabry AFL-CIO 501 Pulliam Street, N.E. Atlanta, Georgia 30312
139. James D. Bailey Georgia AARP, Legislative Task 547 Powers Ferry Road Marietta, Georgia 30067
140. June Devereux American Assn. of Retired Persons 2092 McDuffie Road Austell, Georgia 30001

502

JOURNAL OF THE SENATE

141. Fred W. Bell American Association of Retired Persons 2940 Tejas Trail, S.W. Atlanta, Georgia 30331
142. Willie Griffin Ga. AARP, Legislative Task 3623 Cochise Drive Atlanta, Georgia 30339
143. James E. Reilly American Association of Retired Persons 4701 Flat Shoals Road Union City, Georgia 30291
144. Arthur M. Seaver American Assn. of Retired Persons 2616 Sharondale Drive Atlanta, Georgia 30305
145. John S. Prickett, Jr. American Assn. of Retired Persons 3267 Wiltshire Drive Avondale Estates, Georgia 30002
146. Daniel P. Starnes Council for Children, Inc. 100 Edgewood Avenue Atlanta, Georgia 30303
147. Wayne L. Bryan AAA-Georgia Motor Club 1100 Spring Street Atlanta, Georgia 30367
148. Elizabeth Ann McGown Senior Citizens Advocacy 151 Spring Street, N.E. Atlanta, Georgia 30335
149. Jack H. Smith, III Georgia Horse Foundation P.O. Box 52903 Atlanta, Georgia 30355
150. Doris Marie Saumier Self 388 Antioch Church Road Carrollton, Georgia 30117
151. Maria F. Fundora MADD, Atlanta Chapter P.O. Box 720022 Atlanta, Georgia 30358
152. Robert C. Boone Gulf Oil Corporation 1375 Peachtree Street, N.E. Atlanta, Georgia 30309

MONDAY, JANUARY 31, 1983

503

153. Thomas L. Dye Amalgamated Transit Union-732 1468 Patricia Drive Morrow, Georgia 30260
154. Randy Simpson Citizens for Better Government P.O. Box 407 Snellville, Georgia 30278
155. Emily J. Rule Georgia Hospital Assn. 1675 Terrell Mill Road Marietta, Georgia 30067
156. Coy Johnson Georgia Association of Life Insurance Companies 112 N. Main Street Cummings, Georgia 30130
157. Lynne Mclntyre Georgia Gerontology Society 775 Houston Mill Road, #4 Atlanta, Georgia 30329
158. Monty Veazey 3M L.P. Gas Association EMS (Emergency Medical Services) P.O. Box 1572 Tifton, Georgia 31794
159. P. Lavoy Johnson Citizens United for Research Education Ga. Assn. of Christian Schools Ga. Independent Baptist Fellowship Forrest Hills Baptist Church 1074 Rock Chapel Road Lithonia, Georgia 30058
160. W. M. (Bill) Alexander City of Atlanta Mayor's Office Atlanta, Georgia 30303
161. James R. Buddin The Kroger Company P.O. Box 105520 Atlanta, Georgia 30348
162. Janet Dalton Kessler Atlanta Chamber of Commerce 1856 Walthall Drive, N.W. Atlanta, Georgia 30318
163. Heyward M. Wilson Georgia Association of Educators 2721 Penwood Place Lithonia, Georgia 30058

504

JOURNAL OF THE SENATE

164. Ronald O. Byrd Revlon Health Care Group Ethical Products Division 2051 B. Lake Park Drive Smyrna, Georgia 30080
165. John M. Crane Ga. City & County Mgt. Assn. Electric Cities of Ga. City of Marietta 205 Lawrence Street Marietta, Georgia 30060
166. Julianne Givens Goecke Georgia Hospice Education Project 1352 Emory Road, N.E. Atlanta, Georgia 30306
167. Edwin B. Topmiller Ga. Sport Shooting Assn. P.O. Box 9748 Atlanta, Georgia 30319
168. Suzanne Grace Georgia Day Care Assn. 920 Green Street Conyers, Georgia 30207
169. Lynn L. White Georgia Day Care Assn. 920 Green Street Conyers, Georgia 30207
170. Robert R. King Georgia Hospitality & Travel Assn. 148 International Blvd. Suite 625 Atlanta, Georgia 30303
171. Virgil T. Smith Life Chiropractic College Ga. Council of Chiropractics Inc. P.O. Box 20289 Atlanta, Georgia 30325
172. Kathryn Ann Medved Georgia Dietetic Assn. 3058-C Spring Hill Road Smyrna, Georgia 30080
173. Frances Beck Fulton County Daily Report 190 Pryor Street Atlanta, Georgia 30303
174. Earl Higgins Fulton County Daily Report 190 Pryor Street Atlanta, Georgia 30303

MONDAY, JANUARY 31, 1983

505

175. Void
176. Gene Dyson Georgia Business & Industry Association 181 Washington Street Atlanta, Georgia 30303
177. Jim Parkman GBIA 181 Washington Street Atlanta, Georgia 30303
178. Pam Gillen GBIA 181 Washington Street Atlanta, Georgia 30303
179. Marcia McCrory GBIA 181 Washington Street Atlanta, Georgia 30303
180. Robert D. Sumner GBIA Georgia Self Insurers Assn. 181 Washington Street Atlanta, Georgia 30303
181. M. C. "Mickey" Bishop Georgia Electric Membership Corp. 3515 Parkview Drive College Park, Georgia 30337
182. Richard L. Wheeler Fulton County Board of Education 4348 Herschel Road College Park, Georgia 30337
183. Susan Tucker Georgia Girl Scouts & Girls Club 991 Somerset Drive, N.W. Atlanta, Georgia 30327
184. Void
185. Terrie D. Sterling Council on Battered Women 1469A Pine Street, N.W. Atlanta, Georgia 30309
186. James E. Dyer Fraternal Order of Police 3028 Empire Blvd., S.W. Atlanta, Georgia 30354
187. Bob Bullington United Transportation Union P.O. Box 80763 Chamblee, Georgia 30366

506

JOURNAL OF THE SENATE

188. Richard Rudolph Shaw Bethesda Temple, Inc. 2400 Campbellton Road, S.W. #M-!1 Atlanta, Georgia 30311
189. Robert E. Cantrell Georgia State Council of Machinists 129 Gaylor Street Smyrna, Georgia 30080
190. Thomas M. Boiler Georgia Power Company 333 Piedmont Avenue Atlanta, Georgia 30302
191. Jim Gray Committee for Ga.'s Public Teaching Hospitals Grady Memorial Hospital Tobacco Institute 229 Peachtree Street Suite 1600 Atlanta, Georgia 30303
192. Lois Irene Schoenbrun Georgia Abortion Rights Action League (GARAL) 1194 Danner Street, S.E. Atlanta, Georgia 30316
193. Cheryl Goldstein Swift Georgia Abortion Rights Action 380 Dergyshire Drive Stone Mountain, Georgia 30088
194. Deborah C. Spector Georgia Abortion Rights Action League 5025 Lake Fjord Pass Marietta, Georgia 30067
195. Jim Williams Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
196. James M. Griffith Georgia Power Company 995 Hunterhill Drive Roswell, Georgia 30075
197. George N. Kalnin III Georgia Power Company 333 Piedmont Avenue Atlanta, Georgia 30302
198. James E. Gattis, Jr. Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30025

MONDAY, JANUARY 31, 1983

507

199. Sandi Maloney Atlanta-Fulton League of Women Voters 5810 Mountain Creek Road Atlanta, Georgia 30028
200. Ray E. Clifton Georgia Electric Memb. Corporation 148 International Blvd., Suite 845 Atlanta, Georgia 30043
201. Janet Callum GARAL 1069 Berne Street, S.E. Atlanta, Georgia 30318
202. Kate Ellis GARAL 329 Southerland Terrace, N.E. Atlanta, Georgia 30307
203. Jeff Bickerstaff American Family Life Assurance Company 1821 Iris Drive Columbus, Georgia 31906
204. Judi Rogers Georgia Retail Association 100 Edgewood Avenue, N.E. Atlanta, Georgia 30303
205. Sonja E. Fitch GAE 3 562A Clubhouse Circle E Decatur, Georgia 30032
206. John E. Rollins Citicorp Person to Person Inc. Citicorp Acceptance Corp. Family Guardian Ins. Company 4010 Wembley Forest Way Doraville, Georgia 30340
207. W. Randall Tye Troutman, Sanders, Lockerman & Ashmore 1400 Candler Building Atlanta, Georgia 30043
208. Joe Brannen Georgia Bankers Association 320 William-Oliver Building Atlanta, Georgia 30303
209. Void
210. Nancy K. Poole Troutman, Sanders, Lockerman & Ashmore 1400 Candler Building Atlanta, Georgia 30043

508

JOURNAL OF THE SENATE

211. William E. Renouf Associates Corp. of N/A 7220 Twin Branch Road Atlanta, Georgia 30328
212. Wilton Hill Georgia School Bus Drivers Association Inc. P.O. Box 158 Reidsville, Georgia 30453
213. Charlotte Gattis Georgia Manufactured Housing Assn. 1000 Circle 75 Parkway Suite 060 Atlanta, Georgia 30339
214. Jerry Busbee First Atlanta Corporation P.O. Box 4148 Atlanta, Georgia 30302
215. Dorothy Spence Georgia Association, American Institute of Architects 229 Peachtree Street Atlanta, Georgia 30303
216. James L. Hutto Georgia Highway Contractors Assn. 44 Broad Street Suite 707, Grant Building Atlanta, Georgia 30303
217. J. Danny Faulkner CWA Georgia Political Council Route 1, Box 119A1 Milner, Georgia 30257
218. Earl B. Johnson, Jr. CWA, Georgia Political Council 155 Echo Trail Watkinsville, Georgia 30677
219. Frank F. Molock CWA, Georgia Political Council 2106 Austell Road Marietta, Georgia 30060
220. Charlie Brown CWA, Georgia Political Council 1926 Coventry Drive Columbus, Georgia 31904
221. Gene C. Russo Comm. Workers of America 2312 Pine Meadows Court Tucker, Georgia 20084

MONDAY, JANUARY 31, 1983

509

222. Claude McGuinn CWA, Ga. Political Council Box 642 Decatur, Georgia 30031
223. Carl D. Rudin CWA, Ga. Political Council 2502 Woodtrail Village Norcross, Georgia 30092
224. Richard A. Ray Atlanta Labor Council 501 Puiliam Street, S.W. Atlanta, Georgia 30312
225. E. Wayne Stanford Georgia Grocers Association 1465 Northside Drive, #84 Atlanta, Georgia 30067
226. Teddi Moore Holt Mothers on the March 2411 New Hope Road Dacula, Georgia 30211
227. Alien Norris Alien Norris and Associates 2850 Delk Road, Apt. 7-H Marietta, Georgia 30067
228. Abit Massey Georgia Poultry Federation P.O. Box 763 Gainesville, Georgia 30503
229. H. Phillip Paradice, Jr. Georgia League of Savings Associations Suite 507 Standard Federal Building Atlanta, Georgia 30303
230. Kathy T. Chaffin Georgia Press Association 1075 Spring Street, N.W. Atlanta, Georgia 30309
231. Brick Nelson Georgia Health Care Assn. Route 1 Gray, Georgia 31032
232. Jack Howard Norfolk Southern Corp. 99 Spring Street, S.W. Atlanta, Georgia 30335

510

JOURNAL OF THE SENATE

233. Gerald Brown Amalgamated Clothing & Textile Workers Union AFL-CIO 109 Adair Drive Calhoun, Georgia 30701
234. Marsha L. Rhea Georgia School Boards Association 3050 Presidential Drive Suite 111 Atlanta, Georgia 30340
235. Stanley S. Jones, Jr. Hospital Corp. of America West Paces Ferry Hospital Mental Health Section State Bar of Ga. 925 Virginia Avenue, N.E. Atlanta, Georgia 30306
236. Rosalyn M. Harbuck Georgia Health Care Assn. Route 2, Box 575 Forsyth, Georgia 31029
237. Jim Morrison Georgia Wildlife Federation 4019 Woburn Drive Tucker, Georgia 30084
238. William J. Shortt Johnson & Johnson 139 Skyland Drive, Cornelia, Georgia 30531
239. Percy Marchman Cotton States Insurance Companies 5601 Queenborough Drive Atlanta, Georgia 30338
240. Luke R. Lassiter National Assn. of Independent Insurers 106 Pine Crest Drive Cumming, Georgia 30130
241. Preston B. Bussey Electrical Environmental Systems Power Business Brokers Power Broadcasters Atlanta Video Distributors 2063 Powder Springs Road Marietta, Georgia 30064
242. William B. Wood Citicorp & Affiliates Georgia Hospitality & Travel Assn. Smith, Cohen, Ringel, Kohler, & Martin First Atlanta Tower Atlanta, Georgia 30383

MONDAY, JANUARY 31, 1983

511

243. Herman C. Biede Texaco, Inc. Box 4582 Atlanta, Georgia 30302
244. Gerald W. Bowling Municipal Electric Authority of Georgia 100 Peachtree Street, Suite 700 Atlanta, Georgia 30303
245. Void
246. Frank Bacon Freeport Kaolin Company P.O. Box 37 Gordon, Georgia 31031
247. M. C. Petersen Oilman Paper Company Box 878 St. Mary's, Georgia 31558
248. Paul Massey Printing Association of Ga. 1459 Peachtree Street Suite 315 Atlanta, Georgia 30309
249. Earl D. Rector International Assn. of Machinist & Air Space Workers Local 709 94 Olive Circle Marietta, Georgia 30060
250. Void
251. Void
252. Jim Groome Mead Corporation 483 Huntcliff Green Atlanta, Georgia
253. Steven L. Hamburger American Civil Liberties Union of Ga. 88 Walton Street, N.W. Atlanta, Georgia 30303
254. Bryce Holcomb Georgia Soft Drink Assn. 2508 Carroll Street Chamblee, Georgia 30341
255. G. Robert Kerr Georgia Conservancy Room 407, 3110 Maple Drive Atlanta, Georgia 30305

512

JOURNAL OF THE SENATE

256. D. Boyd Yarley, Jr. Blue Cross/ Blue Shield of Ga. 3711 Armour Drive Columbus, Georgia 31904
257. Edward Bistany Generation Development Corporation 1955 Cliff Valley Way Atlanta, Georgia 30329
258. Void
259. J. Chris Dobbs Exxon Corporation 1211 Union Ave. P.O. Box 367 Memphis, Tenn. 38101
260. Void
261. Edward S. Sayad United Parcel Services 825 Saddlehill Road Roswell, Georgia 30075
262. Aaron Baranan Ansley Pavilion Nursing Home 560 St. Charles Ave., N.E. Atlanta, Georgia 30308
263. Phil Levetan Ansley Pavilion Nursing Home 2250 Chrysler Terrace Atlanta, Georgia 30345
264. James M. Stewart Georgia Health Care Assn. P.O. Box 148 Pineview, Georgia
265. Ron E. Widener Ga. Independent Auto Dealers 609 Princess Circle Lithia Springs, Georgia 30057
266. Dr. Charles LeChasney Executive Advisory Inc. 410 Summit North Atlanta, Georgia 30324
267. Bonnie Engle PARENTS ANONYMOUS OF GA. 250 Georgia Avenue, #309 Atlanta, Georgia 30312
268. Void
269. Void

MONDAY, JANUARY 31, 1983

513

270. Robert Patterson Kennedy, Jr. International Cultural Center. 268 Rumson Road, N.E. Atlanta, Georgia 30305
271. Rev. C. A. Davis Baptist Ministers Assn. 622 Edna Lane Atlanta, Georgia
272. Void
273. Sidney L. Moore, Jr. PROSE 470 First National Bank Bldg. Decatur, Georgia 30030
274. Calvin Sims Amalgamated Transit Union 2865 Cloverdale Drive, S.E. Atlanta, Georgia 30316
275. John Michael Willis National Health Federation 3148 Bobolink Drive Decatur, Georgia 30032
276. Brenda Griffith Georgia Residential Child Care Assn. 1981 Garraux Road, N.W. Atlanta, Georgia 30327
277. Pat Banks Georgia Small & Independent Business Route 2, Box 36 Glennville, Georgia 30427
278. Mary Ann Whatley Apartment Owners & Managers Assn. Inc. 5600 Roswell Road, N.E. Atlanta, Georgia 30342
279. Thomas C. Parker Atlanta Chamber of Commerce 1300 N. Omni International Atlanta, Georgia 30303
280. Mary F. Agraz Georgia League of Women Voters 538 Heyward Circle Marietta, Georgia 30064
281. George L. Bowens, III Bethlehem Steel Corporation American Iron & Steel Corporation 19 Pleasant Drive Road #7 Bethlehem, Pa. 18015

514

JOURNAL OF THE SENATE

282. Georgia Syribeys Georgia Womens's Political Caucus 490 Mt. Paran Road, N.W. Atlanta, Georgia 30327
283. Billy L. Adams Georgia Farm Equipment Assn. 428 Academy Avenue Dublin, Georgia 31021
284. John A. Blackmon The Atlanta Convention and Visitors Assn. The Ga. Automobile Dealers Geico Insurance Company Citicorp and Affiliates The Georgia Hospitality and Travel Assn. 2400 First Atlanta Tower Atlanta, Georgia 30383
285. Void
286. Linda G. Edmonds Georgia Optometric Assn. P.O. Box 36313 Decatur, Georgia 30032
287. Brian Johnstone General Telephone Company 320 Interstate North, Suite 101 Atlanta, Georgia
288. George E. Beveridge AARP-NRTA Oakgrove Chapter 2185 Street Deville Atlanta, Georgia 30345
289. W. A. Binns Union Camp Corporation P.O. Box 570 Savannah, Georgia 31402
290. Ervin W. Goodroe Building Material Merchants Assn. 1121 Briarcliff Road Perry, Georgia 31069
291. Pam Mclntyre Georgia Dietetic Assn. Route 3, Apt. A-3 Lake McDonald Vidalia, Georgia 30474
292. Charles E. Crowder Georgia Agriculture Council 332 Agriculture Building Atlanta, Georgia 30334

MONDAY, JANUARY 31, 1983

515

293. James J. Berryhill, N.D., Ph.D. Healing Order Universal Life Church 2931C. N. Druid Hills Road Atlanta, Georgia 30329
294. Charles A. Wollmer Common Cause 1971 Clarimeade Avenue Atlanta, Georgia 30329
295. Art Muse, Jr. Common Cause 2397 Williams Lane #6 Decatur, Georgia 30033
296. Robert S. Tamer Atlantic Steel 4145 Chadds Walk Marietta, Georgia 30062
297. Stan Tretiak U.S. Brewers Assn. Inc. 2965 Flower Road, S. Suite 133
Atlanta, Georgia 30341
298. James R. "Pete" White U.S. Brewers Assn. Inc. Koger Executive Center 2965 Flowers Road South Suite 133 Atlanta, Georgia 30341
300. Preston M. Collins Southern Bell Telephone Company 125 Perimeter Center West Room 346 Atlanta, Georgia 30346
301. James White Home Builders Assoc. of Ga. Ga. Industrial Loan Assn. Ga. Independent Meat Packers Assn. Superior Court Clerks
Tax Commissioners
230 W. Lanier Ave. Fayetteville, Ga. 30214
302. Rhonda Lanier Georgia State University 6969 Willow Creek Drive Atlanta, Georgia 30328
303. Robert J. O'Brien Grayline of Atlanta 3745 Zip Industrial Blvd., S.E. Atlanta, Georgia 30354

516

JOURNAL OF THE SENATE

304. William H. Merritts Grayline of Atlanta 3745 Zip Industrial Blvd., S.E. Atlanta, Georgia 30354
305. Steve Ball The Tobacco Institute 3894 Foxford Drive Doraville, Georgia 30340
306. Marjorie Westerfield League of Women Voters of Ga. 1557 North Springs Drive Atlanta, Georgia 30338
307. Daniel W. Wright, Jr. Georgia Association of Educators 827 Burchill Street, S.W. Atlanta, Georgia 30310
308. Bobbie Jean Sharp Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
309. Herbert S. (Herb) Reese Buckhead Business Assn. of Atlanta Board of Realtors 3989 Club Drive, N.E. Atlanta, Georgia 30319
310. John G. R. Bankhead The Tobacco Institute Inc. 3239 Embry Hills Drive Atlanta, Georgia 30341
311. Alfred C. Kammer Senior Citizens Advocacy 151 Spring Street, N.W. Atlanta, Georgia 30335
312. Ski Bashinski Ga. Funeral Directors Assn. Ga. Society of Assn. Executives Ga. Automatic Merchandising Council Motorcycle Industry Council Greater Atlanta Fabricare Assn. Surveying & Mapping Society of Ga. Southern States Sign Council 3009 Rainbow Drive, Suite 123 Decatur, Georgia 30034
313. Sue Ella Deadwyler Georgia Insight 4168 Rue Antionette Stone Mountain, Georgia 30083

MONDAY, JANUARY 31, 1983

517

314. Mel Steely American Association of University Professors 60 S. Greenwood Drive Carrollton, Georgia 30117
315. Terry Phelps Whitfield Education Association Legislative Chairperson 1105 McCIure Drive, S.W. Atlanta, Georgia 30755
316. C. Robert Smith Georgia Association of Assessing Officials 4374 Eton Court Douglasville, Georgia 30134
317. George T. Hunt, III Georgia Health Care Assn. 132 Willow Lane Decatur, Georgia 30032
318. Marc Peterzell Ga. Health Care Assn. 1000 Fulton Federal Bldg. Atlanta, Georgia 30335
319. Ruth F. Claiborne Junior League of Atlanta Inc. 2869 Careygate St. N.W. Atlanta, Georgia 30305
320. C. D. Ellington Apartment Owners & Managers Assn. 2475 N.E. Hickory Level Road Villa Rica, Georgia 30180
321. William D. Padgett Trust Company of Ga. P.O. Box 4418 Atlanta, Georgia 30302
322. T. R. Wade Watkins Associated Industries Inc. 1958 Monroe Drive, N.E. Atlanta, Georgia
323. Scott Mall Miller Brewing Company 30 Perimeter Center East #110 Atlanta, Georgia 30346
324. Anna S. Lawrence Myself 2992 Belingham Drive, N.E. Atlanta, Georgia 30345
325. June Bell Self 1937 Breckenridge Drive Atlanta, Georgia 30345

518

JOURNAL OF THE SENATE

326. Roger T. Lane Georgia Oilmen's Assn. 2035 Clipper Straits Snellville, Georgia 30278
327. William N. Griffin Georgia Beer Wholesalers Assn. 5021 Golfbrook Stone Mountain, Georgia 30088
328. Lyn Paddrik Georgia Beer Wholesalers Assn. 3015 Piedmont Road, N.E. Atlanta, Georgia 30305
329. Carl T. Martin Ga. Beer Wholesalers Assn. 657 Park Drive, N.E. Atlanta, Georgia 30306
330. Barclay T. Resler The Coca Cola Company 6980 Wycombe Road Atlanta, Georgia 30328
331. Lauren C. Steele The Coca Cola Company 774 Longwood Drive, N.W. Atlanta, Georgia 30305
332. Jeanie L. Morris Georgia Student Association Agnes Scott College Box 415 Decatur, Georgia 30030
333. Peter L. Banks Miller Brewing Company 3300 First Atlanta Tower Atlanta, Georgia
334. Rhoda Russell DeKalb Library System Lake Lanier Regional Library 3560 Kensington Road Decatur, Georgia 30032

Secretary of State 214 State Capitol
Atlanta 30334
January 28, 1983
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334

MONDAY, JANUARY 31, 1983

519

Dear Mr. McWhorter:
I am transmitting to you herewith a certified list of those persons, who registered in the Docket of Legislative Appearance for the 1983 Regular Session as of 3:00 PM on January 28, 1983.
The list is numbered 335 through 422.
Sincerely, /s/ Max Cleland
Secretary of State
Attachment Received by /s/ Hamilton McWhorter, Jr.

STATE OF GEORGIA Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby cer tify that the attached list contains the names and addresses of those persons, numbered 335 through 422, who have registered in the Docket of Appear ance as of January 28, 1983, 3:00 P.M., in accordance with the Georgia Laws 1970 pp. 695, as the same appears of file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and af fixed the seal of my office, at the Capitol, in the City of Atlanta, this 28th day of January, in the year of our Lord One Thousand Nine Hundred and Eighty-Three and of the Independence of the United States of America the Two Hundred and Seven.
/s/ Max Cleland Secretary of State
335. Rooks Boynton Taxpayers Assn. of Ga. 4123 Echo Woods Drive Clarkston, Georgia 30021
336. Nancy C. Birkeland Apartment Owners and Managers Assn. 5600 Roswell Road, Suite 360N Atlanta, Georgia 30342
337. Ted Milby Ga. Automobile Dealers Assn. Citicorp, Subsidiaries & Affiliates Ga. Hospitality & Travel Assn. Atlanta Convention & Visitors Bureau 2400 First Atlanta Tower Atlanta, Georgia 30383

520

JOURNAL OF THE SENATE

338. David McCord IMAGE 1069 Juniper Street, N.E. Atlanta, Georgia 30309
339. John T. Mitchell Mercer University 1400 Coleman Street Macon, Georgia
340. Marcus Bergh, Jr. Prudential 2742 Holly Ridge Drive Orange Park, Fla. 32073
341. John A. Helms Life of Georgia Company 323 Camden Road Atlanta, Georgia 30309
342. W. E. Cobble Brotherhood of Locomotives 2427 Shenandoah Avenue, N.E. Atlanta, Georgia 30305
343. W. F. Jackson BMWE Route 4, Box 449 Forsyth, Georgia 31029
344. John H. Thomas Tri-State Sign, Inc. Public Service Displays, Inc. Williams Group Heritage Banks 1795 Peachtree Road, N.E. Atlanta, Georgia 30309
345. Henrietta L. Coston Good Government Meadow Fresh Milk 1583 Springfield Court Dunwoody, Georgia 30338
346. Joe Sloan General Motors Corporation 29 Brandon Ridge Drive Atlanta, Georgia 30328
347. Dr. Don Albinger Georgia Fraternal Congress 4757 Manly Court Stone Mountain, Georgia 30088
348. Barren Thorpe Ga. Assn. of Convenience Stores Ga. Wholesale Grocers Assn. P.O. Box 7776 Macon, Georgia 31209

MONDAY, JANUARY 31, 1983

521

349. Paul L. Hudson Health Group Inc. 100 Peachtree Way Atlanta, Georgia 30305
350. J. Emmett Henderson Georgia Council on Moral & Civic Concerns 2930 Flowers Road South Atlanta, Georgia 30341
351. John O. Ambler Texaco USA P.O. Box 4582 Atlanta, Georgia 30302
352. Carter H. Morris Junior League of Atlanta 140 Peachtree Way, N.E. Atlanta, Georgia 30305
353. John T. Anderson Babcock & Wilcox Company 1712 Greenway Drive Augusta, Georgia 30909
354. Earl Leonard The Coca Cola Company P.O. Drawer 1734 Atlanta, Georgia 30301
355. Connell Stafford The Coca Cola Company P.O. Drawer 1734 Atlanta, Georgia 30301
356. William M. Bates Morehouse College of Medicine Interstate Paper Corporation 161 Spring Street, N.E. Atlanta, Georgia
357. Robert H. Forry Troutman, Sanders, Lockerman and Ashmore 1400 Candler Bldg. Atlanta, Georgia 30048
358. Ansel L. Bradley State Farm Insurance Company 4015 Weelannee Road Ellenwood, Georgia 30049
359. Laura Mullins The Tobacco Institute 704 Channing Drive, N.W. Atlanta, Georgia 30318
360. Elizabeth J. Hunter National Health Federation 1316 North Avenue, N.E. Atlanta, Georgia 30307

522

JOURNAL OF THE SENATE

361. Ed Sumner Georgia Municipal Assn. 34 Peachtree Street, N.W. Atlanta, Georgia 30303
362. Roger Sharrock Ga. Assn. of Educators 1002 Stelling Road Augusta, Georgia 30907
363. George L. Harris, Jr. Citizens and Southern National Bank 99 Annex Atlanta, Georgia 30399
364. Fran Toliver Atlanta Federation of Teachers GFT AFL-CIO 374 Maynard Terrace, S.E. Atlanta, Georgia 30316
365. C. D. Bill Warren, M.D. MH/MR Center Director Assn. 1143 Banbury Cross Avondale Estates, Georgia 30003
366. Bobby C. Robbins Mental Health /Mental Retardation Area Directors 204 Laramie Road Griffin, Georgia 30223
367. Talitha M. Russell Medical Assn. of Ga. 938 Peachtree Street Atlanta, Georgia 30309
367. Lithangia S. Robinson Ga. Assn. of Educators 2880 Valley Heart Drive, N.W. Atlanta, Georgia 30318
369. Rosalie Fitzpatrick League of Women Voters of Ga. 5026 Hidden Branches Circle Dunwoody, Georgia 30338
370. Suzanne K. Hamilton Ga. Assn. of Educators 3564 Roswell Road, Unit B-l Atlanta, Georgia 30305
371. Jack Acree Professional Assn. of Ga. Educators 1696 Council Bluff Drive Atlanta, Georgia 30345

MONDAY, JANUARY 31, 1983

523

372. Robert B. Thompson Blue Cross/Blue Shield 4945 Hampshire Drive Columbus, Georgia 31904
373. Alayne L. Snyder Ga. Women's Political Caucus 3842 Randall Farm Road Atlanta, Georgia 30339
374. James D. Kink, Jr. MARTA 2274 Leafmore Drive Decatur, Georgia 30033
375. Lee F. Davenport, Jr. Brunswick Golden Isles 212 Hermitage Way St. Simons Island, Ga. 31522
376. J. Larry Williams Distilled Spirits Council of the U.S. Inc. P.O. Box 87 Calvary, Georgia 31729
377. Marvin L. Price Private Rehabilitation Supplies of Ga. 2110 Newmarket Parkway Marietta, Georgia 30067
378. Stan H. McCalla Mortgage Bankers Assn. of Ga. 351 Valley Green Drive, N.E. Atlanta, Georgia 30342
379. Anne M. Shearer Junior League of Atlanta 3875 Tuxedo Road, N.W. Atlanta, Georgia 30342
380. Victor J. Impeciato Ga. Hospitality and Travel Assn. 1500 Peachtree Battle Ave., N.W. Atlanta, Georgia 30327
381. Void
382. W. D. Atkins Atlanta Labor Council Iron Workers Local #387 1014 Edgewood Ave., N.E. Atlanta, Georgia 30307
383. Robert S. Carlson Atlanta Labor Council Iron Workers #387 3698 Radcliffe Blvd. Decatur, Georgia 30034

524

JOURNAL OF THE SENATE

384. Stephen B. Jones Atlanta Labor Council Iron Workers Local #387 4589 Maroney Mill Road Douglasville, Georgia 30134
385. Andy B. Baldwin Atlanta Labor Council Iron Workers Local #387 134 Longview Road Stockbridge, Georgia 30281
386. John Blessinger DeKalb Business League Atlanta Assn. Contractors National Assn. of Minority Contractors P.O. Box 1751 Atlanta, Georgia 30301
387. William F. Morie Georgia Automobile Dealers Assn. Georgia Highway Users 1380 W. Paces Ferry Road Atlanta, Georgia 30327
388. Gerald N. Brunson Merck, Sharp and Dohme 4940 Windhaven Court Atlanta, Georgia 30338
389. Linda L. Copeland Junior League of Atlanta 214 Camden Road, N.E. Atlanta, Georgia 30309
390. Rene D. Kemp Georgia Assn. of Home Health Agencies P.O. Box 497 Hinesville, Georgia 31313
391. Robert P. Constantine, Jr. Ga. Chapter, American Society of Landscape Architects Mag Mutual Insurance Company 1100 Peachtree Center-Harris Tower 233 Peachtree St., N.E. Atlanta, Georgia 30043
392. Bill Adams SELF P.O. Box 839 Conyers, Georgia 30207
393. Quinton S. King Georgia Association of Realtors 3950 Paper Mill Road Marietta, Georgia

MONDAY, JANUARY 31, 1983

525

394. Robert G. Young Fulton County (County Attorney) 229 Peachtree St., N.E. Atlanta, Georgia 30303
395. Martha O. Andrews Atlanta Chapter National Health Federation Voice of Liberty 692 Sunnybrook Drive Decatur, Georgia 30033
396. Juliette Devine Reid Self 2733 Pasco Lane Atlanta, Georgia 30316
397. William A. Travis, Jr. McNeil Pharmaceutical 1444 Dallas Circle, N.E. Marietta, Georgia 30064
398. Edwin R. Scoffing Health Insurance Association of America 919 Third Avenue New York, New York 10022
399. Arthur Lee Hurst CIMN 3026 Forest Terrace, S.E. Atlanta, Georgia 30354
400. Linda Hallenborg Planned Parenthood of Atlanta 100 Edgewood Ave., N.E. Atlanta, Georgia 30303
401. Marshall I. Hill, Sr. International Asssn. of Bridge, Structural & Ornamental Ironworkers Local #387 Atlanta Labor Council 2382 Manassas Lane Decatur, Georgia 30034
402. Alien D. Stephenson Athens Area Chamber of Commerce P.O. Box 948 Athens, Georgia 30603
403. Clint G. Sweazea Air Transport Association Delta Airlines Hartsfield Airport Atlanta, Georgia 30320
404. Richard W. Brown 3M Company P.O. Box 129 Yatesville, Georgia 31097

526

JOURNAL OF THE SENATE

405. John C. Millican Intracorp International Rehabilitation Association, Inc. C.I.G.N.A. 6855 Jimmy Carter Blvd. Suite 1650 Norcross, Georgia 30071
406. Donna T. Anderson International Rehabilitation Association Inc. Intracorp C.I.G.N.A. Corporations 6855 Jimmy Carter Blvd. Norcross, Georgia 30071
407. Rusty Kidd Medical Association of Ga. 938 Peachtree St., N.E. Atlanta, Georgia 30309
408. Julius A. Mire, Jr. CONOCO Inc. 901 Lakeshore Drive, Suite 1004 Lake Charles, La. 70816
409. Void
410. Alexzan Messias Gandhi Hamilton Peoples Lobbyist Inc for Equal Rites of Womens Suffrage 675 Queen Street Atlanta, Georgia 30310
411. Ralph S. Turner Georgia Funeral Directors Assn. DeKalb Grand Jurors Assn. P.O. Box 430 Decatur, Georgia 30031
412. Donald R. Wagner American Assn. of University Professors 128 Stewart Street Carrollton, Georgia 30117
413. Ernest L. Kendricks Hancock County Board of Commissioners P.O. Box 43 Sparta, Georgia 31087
414. Jack H. Housworth Mechanical Industrial Council 1900 Century Blvd., N.E. Suite 18 Atlanta, Georgia 30345
415. Tim Johnson Campaign for a Properous Georgia P.O. Box 7302 Atlanta, Georgia 30357

MONDAY, JANUARY 31, 1983

527

416. Gary E. Jackson Self 1550 Peachtree Summit Bldg. 401 West Peachtree Street, N.E. Atlanta, Georgia 30308
417. Beverly Adams Eagle Forum Adams Oil Company Stop Era 1111 Oakcliff Road Macon, Georgia 31211
418. Beverly A. Tyler Stevens and Wilkinson, Inc. 100 Peachtree Street, Suite 1600 Atlanta, Georgia 30303
419. Alan S. Bolden Georgia Nurses Assn. Morehouse College P.O. Box 852 Atlanta, Georgia 30314
420. Eudora Rodgers Bureau of Wholesale Sales Rep. 1819 Peachtree Road, N.E. Suite 600 Atlanta, Georgia 30309
421. W. H. Hosch Bank of the South, N.A. P.O. Box 4387 Atlanta, Georgia 30302
422. Clinton Ivan Tucker Atlanta Legal Aid 1295 Donnelly Avenue, S.W. Atlanta, Georgia 30310

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

At 12:06 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

528

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, February 1, 1983 Fourteenth Legislative Day

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

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

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

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

Mr. President:

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

HB 257. By Representative Barnett of the 10th:
A bill to provide that the Forsyth County superintendent of schools shall be appointed by and serve at the pleasure of or under contract with the board of education rather than elected.

HB 260. By Representative Ware of the 77th:
A bill to amend an Act to create the office of commissioner of Heard County, so as to change the compensation of the commissioner.

HB 261. By Representative Ware of the 77th:
A bill to amend an Act placing the clerk of the Superior Court of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the clerk of the superior court.

HB 262. By Representative Ware of the 77th:
A bill to amend an Act placing the sheriff of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the com pensation of the sheriff.

TUESDAY, FEBRUARY 1, 1983

529

HB 263. By Representative Ware of the 77th:
A bill to amend an Act consolidating the offices and duties of tax receiver and tax collector of Heard County into the single office of tax commissioner of Heard County, so as to change the compensation of the tax commissioner.

HB 264. By Representative Ware of the 77th:
A bill to amend an Act placing the judge of the probate court of Heard County on an annual salary in lieu of a fee system of compensation, so as to change the compensation of the judge of the probate court of Heard County.

HB 279. By Representatives Padgett of the 86th, Barnes of the 90th, Brown of the 88th and Connell of the 87th:
A bill to abolish the office of County Treasurer in Richmond County; to provide for the creation of the office of County Treasurer Emeritus in Rich mond County.

HB 220. By Representatives Richardson of the 52nd, Robinson of the 58th, Alford of the 57th and others:
A bill expressing approval of the DeKalb County probation system becom ing a part of the state-wide probation system.

HB 289. By Representatives Hasty and Anderson of the 8th and Barnett of the 10th:
A bill to amend an act creating the State Court of Cherokee and Forsyth Counties, so as to provide for the salaries and supplements of the judge and solicitor.

HB 301. By Representatives Groover of the 99th, Birdsong of the 104th, Randall of the 101st and others:
A bill to amend an Act entitled "Macon-Water Commissioners Pension Plan", so as to redefine the definition of the word "Board" and the phrases "Board of Water Commissioners" and "The Board of Water Commissioners of the City of Macon".

HB 45. By Representative Bray of the 91st:
A bill to amend Code Section 53-3-14 of the Official Code of Georgia Anno tated, relating to notice of petition for probate in solemn form, so as to pro vide for mail service of notice of petition for probate in solemn form.

HB 56. By Representatives Thomas of the 69th, Wood of the 9th, Jackson of the 83rd and others:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to instructional services in public schools, so as to provide military recruiters with access to the campus and to

530

JOURNAL OF THE SENATE

student directory information in public secondary schools under certain conditions.

HB 142. By Representatives Darden, Burruss and Thompson of the 20th and others:
A bill to amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to provide that family violence shelters shall be licensed as family violence shelters rather than as personal care homes.

HB 177. By Representative Evans of the 84th:
A bill to amend Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to wills in general, so as to provide for the con struction of certain wills which contain a formula expressly providing that the spouse is to receive the maximum amount of property qualifying for the marital deduction allowable by federal law.

HB 186. By Representatives Williams of the 48th, Lambert of the 66th, Lawson of the 9th and others:
A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Anno tated, relating to divorce, so as to provide that no final judgment and decree of divorce shall be effective until all issues in the case have been adjudicated.

HB 216. By Representatives Walker of the 115th, Evans of the 84th, Smyre of the 92nd and others:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to pardons and paroles, so as to limit the powers of the State Board of Pardons and Paroles in granting a pardon or parole to any person who is sentenced to life imprisonment for the commission of any offense and such person has previously been convicted of committing such offense.

HB 222. By Representatives Ginsberg of the 122nd, Karrh of the 109th, Thomas of the 69th and others:
A bill to amend Code Section 19-9-1 of the Official Code of Georgia Anno tated, relating to determining custody of children, so as to provide for tem porary child custody orders under certain conditions.

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

HR 12. By Representative Richardson of the 52nd:
A resolution creating the Tax Credit for Family Support of the Mentally Retarded, Handicapped, and Elderly Study Committee.

TUESDAY, FEBRUARY 1, 1983

531

HR 27. By Representatives Walker of the 115th, Phillips of the 120th, Evans of the 84th, and Smyre of the 92nd:
A resolution creating the Safe Dams Study Commission and authorizing a Safe Dams Technical Task Force.

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

SB 165. By Senator Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to form of registration cards; to provide for absentee voter registration by persons outside of the United States.
Referred to Committee on Governmental Operations.

SB 166. By Senator Starr of the 44th:
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 pro vide that it shall be unlawful for any unauthorized person to return property for taxation; to provide a penalty; to provide an effective date.
Referred to Committee on Banking and Finance.

SB 167. By Senator Mine of the 52nd:
A bill to amend Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty generally, so as to provide that under certain circumstances liens on certain property shall be created.
Referred to Committee on Judiciary.

SB 168. By Senator McKenzie of the 14th:
A bill to amend an Act creating a board of commissioners for Macon County, as amended, so as to change the compensation of the chairman and other members of the board of commissioners of Macon County.
Referred to Committee on Federal, State and Community Affairs.

SB 169. By Senator Barnes of the 33rd:
A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective and private security agencies, so as to authorize the Georgia Board of Private Detective and Se curity Agency to suspend licenses pending a hearing for failure to renew canceled bonds or failure to supply a financial affidavit in lieu of bonds.
Referred to Committee on Judiciary.

532

JOURNAL OF THE SENATE

SB 170. By Senator Howard of the 42nd:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, so as to provide for the manner in which the amount of compensation of assistant district attorneys shall be determined.
Referred to Committee on Judiciary.

SB 171. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Code Section 21-3-91 of the Official Code of Georgia Anno tated, relating to filing of notices of candidacy under the "Georgia Munici pal Election Code," so as to provide that a person who ran in a municipal primary and was defeated shall not be qualified to run as an independent candidate in the general election for the same municipal office.
Referred to Committee on Federal, State and Community Affairs (General).

SB 172. By Senator tester of the 23rd:
A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to the disposition of seized property, so as to change certain provisions relating to the return of stolen or otherwise unlaw fully obtained property to rightful owners.
Referred to Committee on Judiciary.

SB 173. By Senators McGill of the 24th, English of the 21st, Walker of the 19th and others:
A bill to amend Chapter 50 of Title 43 of the Official Code of Georgia Annotated, relating to veterinary medicine, so as to revise the laws regulat ing technicians who assist veterinarians.
Referred to Committee on Agriculture.

SB 174. By Senators Gillis of the 20th, English of the 21st, Walker of the 19th and others:
A bill to amend Code Section 12-3-10 of the Official Code of Georgia Anno tated, relating to requirements applicable to parks, historic sites, and recrea tional areas under the custody and control of the Department of Natural Resources, so as to establish hours of operation for certain types of boats at certain state park lakes.
Referred to Committee on Natural Resources and Environmental Quality.

SB 175. By Senators Gillis of the 20th, Kennedy of the 4th, English of the 21st and others:
A bill to amend Code Section 20-2-922 of the Official Code of Georgia An notated, relating to commencement dates for the public school employees health insurance plan, so as to provide that the State Personnel Board may design and conform the health insurance plan in accordance with whatever

TUESDAY, FEBRUARY 1, 1983

533

amount of funds is appropriated or otherwise made available for the health insurance plan.
Referred to Committee on Governmental Operations.

SR 64. By Senators Greene of the 26th, English of the 21st, Broun of the 46th and others:
A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizen's advisory council thereto.
Referred to Committee on Judiciary and Constitutional Law.

The following bills and resolutions of the House were read the first time and re ferred to committees:

HB 45. By Representative Bray of the 91st:
A bill to amend Code Section 53-3-14 of the Official Code of Georgia Anno tated, relating to notice of petition for probate in solemn form, so as to pro vide for mail service of notice of petition for probate in solemn form.
Referred to Committee on Judiciary and Constitutional Law.

HB 56. By Representatives Thomas of the 69th, Wood of the 9th, Jackson of the 83rd and others:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to instructional services in public schools, so as to provide military recruiters with access to the campus and to student directory information in public secondary schools under certain conditions.
Referred to Committee on Defense and Veterans Affairs.

HB 142. By Representatives Darden, Burruss and Thompson of the 20th, and others:
A bill to amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to provide that family violence shelters shall be licensed as family violence shelters rather than as personal care homes.
Referred to Committee on Human Resources.

HB 177. By Representative Evans of the 84th:
A bill to amend Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to wills in general, so as to provide for the con struction of certain wills which contain a formula expressly providing that the spouse is to receive the maximum amount of property qualifying for the marital deduction allowable by federal law.
Referred to Committee on Judiciary and Constitutional Law.

534

JOURNAL OF THE SENATE

HB 186. By Representatives Williams of the 48th, Lambert of the 66th, Lawson of the 9th and others:
A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Anno tated, relating to divorce, so as to provide that no final judgment and decree of divorce shall be effective until all issues in the case have been adjudicated.
Referred to Committee on Judiciary.

HB 216. By Representatives Walker of the 115th, Evans of the 84th, Smyre of the 92nd and others:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to pardons and paroles, so as to limit the powers of the State Board of Pardons and Paroles in granting a pardon or parole to any person who is sentenced to life imprisonment for the commission of any offense and such person has previously been convicted of committing such offense.
Referred to Committee on Judiciary.

HB 222. By Representatives Ginsberg of the 122nd, Karrh of the 109th, Thomas of the 69th and others:
A bill to amend Code Section 19-9-1 of the Official Code of Georgia Anno tated, relating to determining custody of children, so as to provide for tem porary child custody orders under certain conditions.
Referred to Committee on Children and Youth.

HB 220. By Representatives Richardson of the 52nd, Robinson of the 58th, Alford of the 57th and others:
A bill expressing approval of the DeKalb County probation system becom ing a part of the state-wide probation system.
Referred to Committee on Federal, State and Community Affairs.

HB 257. By Representative Barnett of the 10th:
A bill to provide that the Forsyth County superintendent of schools shall be appointed by and serve at the pleasure of or under contract with the board of education rather than elected.
Referred to Committee on Federal, State and Community Affairs.

HB 260. By Representative Ware of the 77th:
A bill to amend an Act to create the office of commissioner of Heard County, so as to change the compensation of the commissioner.
Referred to Committee on Federal, State and Community Affairs.

TUESDAY, FEBRUARY 1, 1983

535

HB 261. By Representative Ware of the 77th:
A bill to amend an Act placing the Clerk of the Superior Court of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the clerk of the superior court.
Referred to Committee on Federal, State and Community Affairs.

HB 262. By Representative Ware of the 77th:
A bill to amend an Act placing the sheriff of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the com pensation of the sheriff.
Referred to Committee on Federal, State and Community Affairs.

HB 263. By Representative Ware of the 77th:
A bill to amend an Act consolidating the offices and duties of tax receiver and tax collector of Heard County into the single office of tax commissioner of Heard County, so as to change the compensation of the tax commissioner.
Referred to Committee on Federal, State and Community Affairs.

HB 264. By Representative Ware of the 77th:
A bill to amend an Act placing the judge of the probate court of Heard County on an annual salary in lieu of a fee system of compensation, so as to change the compensation of the judge of the probate court of Heard County.
Referred to Committee on Federal, State and Community Affairs.

HB 279. By Representatives Padgett of the 86th, Barnes of the 90th, Brown of the 88th and Connell of the 87th:
A bill to abolish the office of County Treasurer in Richmond County; to provide for the creation of the Office of County Treasurer Emeritus in Rich mond County.
Referred to Committee on Federal, State and Community Affairs.

HB 289. By Representatives Hasty and Anderson of the 8th and Barnett of the 10th:
A bill to amend an Act creating the State Court of Cherokee and Forsyth Counties, so as to provide for the salaries and supplements of the judge and solicitor.
Referred to Committee on Federal, State and Community Affairs.

HB 301. By Representatives Groover of the 99th, Birdsong of the 104th, Randall of the 101st and others:
A bill to amend an Act entitled "Macon-Water Commissioners Pension Plan", so as to redefine the definition of the word "Board" and the phrases

536

JOURNAL OF THE SENATE

"Board of Water Commissioners" and "The Board of Water Commissioners of the City of Macon".
Referred to Committee on Federal, State and Community Affairs.

HR 12. By Representative Richardson of the 52nd:
A resolution creating the Tax Credit for Family Support of the Mentally Retarded, Handicapped, and Elderly Study Committee.
Referred to Committee on Human Resources.

HR 27. By Representatives Walker of the 115th, Phillips of the 120th, Evans of the 84th and Smyre of the 92nd:
A resolution creating the Safe Dams Study Commission and authorizing a Safe Dams Technical Task Force.
Referred to Committee on Natural Resources and Environmental Quality.

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

Mr. President:

The Committee on Education has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 112. Do pass.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 109. Do pass.
Respectfully submitted,
Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider-

TUESDAY, FEBRUARY 1, 1983

537

ation the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 160. Do pass.
Respectfully submitted,
Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 130. Do pass as amended.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

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

SB 153. HB 7. HB 51.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

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

SB 21. Do pass. SB 85. Do pass.

SB 106. Do pass by substitute. SB 76. Do pass.

Respectfully submitted,

Senator Greene of the 26th District, Chairman

538 Mr. President:

JOURNAL OF THE SENATE

The Committee on Public Utilities has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 151. Do pass.
Respectfully submitted,
Senator Brown of the 47th District, Chairman

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

SB 61. By Senators Coverdell of the 40th and Thompson of the 32nd:
A bill to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to the prosecution of traffic offenses, so as to provide procedures and requirements relative to changing or modifying judgments rendered pursuant to a conviction, plea of guilty, or plea of nolo contendere.

SB 69. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the I0th:
A bill to amend Chapter 5 of Title 5 of the Official Code of Georgia Anno tated, relating to the payment and disposition of fines and forfeitures, so as to provide for additional penalty assessments for offenses against the crimi nal and traffic laws of this state and political subdivisions thereof.

SB 111. By Senator McGill of the 24th:
A bill to amend an Act providing a new charter for the City of Union Point, as amended, so as to change certain fines.

SB 124. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act implementing the Brunswick and Glynn County Development Authority, as amended, so as to provide that the Authority and the Jekyll Island-State Park Authority each shall have the power to contract one with the other.

SB 147. By Senators Walker of the 19th, Cobb of the 28th, English of the 21st and others:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to authority and procedure for state purchasing, so as to provide for preferential treatment of domestic steel products in the awarding of public works contracts by the state and its boards, departments, institutions, and political subdivisions.

TUESDAY, FEBRUARY 1, 1983

539

HB 136. By Representatives Walker of the 115th, Smyre of the 92nd and Evans of the 84th:
A bill to amend Chapter 13 of Title 17 of the Official Code of Georgia Annotated, relating to criminal extraditions, so as to provide that certain documents shall be issued under the authority of the executive seal.

HB 190. By Representative Hudson of the 117th:
A bill to amend an Act incorporating the Town of Pineview, so as to change the provisions relating to ad valorem taxation and limitations thereof; to change the provisions relating to fines.

HB 191. By Representative Hooks of the 116th:
A bill to amend an Act placing the Sheriff of Sumter County on a salary basis in lieu of a fee basis, so as to change the salary of the sheriff.

HB 192. By Representative Hooks of the 116th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Sumter County into the one office of Tax Commissioner of Sum ter County, so as to change the compensation of the tax commissioner.

HB 193. By Representative Hooks of the 116th:
A bill to provide that the governing authority of Sumter County shall deter mine and establish the total annual compensation to be paid to the judge of the probate court, the clerk of the superior court, the sheriff, and the tax commissioner of Sumter County.

HB 197. By Representative Cox of the 141st:
A bill to provide for the election of members of the board of education of Seminole County.

HB 215. By Representative Hudson of the 117th: A bill to create and establish a Small Claims Court of Wilcox County.

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

Allgood Barker Barnes Bond Bowen Brannon Brantley
Broun of 46th

Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins
Deal

Dean English Engram Fincher Foster Garner Gillis
Greene

540
Harris Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land

JOURNAL OF THE SENATE

Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd

Starr Stumbaugh Tate Thompson
Trulock Turner Tysinger Walker

Those not answering were Senators:

Coverdell

Harrison (excused)

Summers (deceased)

Senator Trulock of the 10th introduced the chaplain of the day, Reverend Weyman Cleveland, pastor of the First Methodist Church, Moultrie, Georgia, who offered scripture reading and prayer.

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

Mr. President:

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

HB 159. By Representatives Coleman of the 118th and Buck of the 95th:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants so as to cre ate the State Medical Education Board as the successor to and a continua tion of the heretofore existing State Medical Education Board.
The following resolutions of the Senate were read and adopted:

SR 65. By Senators McGill of the 24th, Gillis of the 20th, Walker of the 19th and others:
A resolution recognizing George Collier on the occasion of his retirement.

TUESDAY, FEBRUARY I, 1983

541

SR 66. By Senators McGill of the 24th, Gillis of the 20th, Walker of the 19th and others:
A resolution recognizing James Turner on the occasion of his retirement.

SR 67. By Senators Gillis of the 20th, McGill of the 24th, Kennedy of the 4th and others:
A resolution commending Honorable Ray Shirley.

SR 70. By Senator Hine of the 52nd: A resolution commending Detective David Burkhalter.

SR 71. By Senator Hine of the 52nd: A resolution commending Mrs. Sarah Scoggin.

SR 72. By Senator Garner of the 30th: A resolution recognizing and commending Mr. Bobby Carl Pate.

SR 73. By Senators Garner of the 30th and Kennedy of the 4th: A resolution commending the West Georgia College Braves Football Team.

SR 74. By Senator Garner of the 30th: A resolution commending the West Georgia College Football Cheerleaders.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

Senator Tysinger of the 41st introduced the doctor of the day, Dr. Larry Mattingly, of Tucker, Georgia.

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

HB 159. By Representatives Coleman of the 118th and Buck of the 95th:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to ere-

542

JOURNAL OF THE SENATE

ate the State Medical Education Board as the successor to and a continua tion of the heretofore existing State Medical Education Board.
Referred to Committee on Higher Education.

SENATE CALENDAR
Tuesday, February 1, 1983
FOURTEENTH LEGISLATIVE DAY
SB 18 Public Service Commission--temporary rate schedules (SUBSTI TUTE) (Pub U--22nd)
SB 36 State Officers, Employees--engage in political activities certain condi tions (SUBSTITUTE) (Gov Op--25th)
SB 45 Crimes Involving Bad Checks--change penalty (J&CL--8th)
SB 56 Workers' Compensation--certain information to injured workers on rights (AMENDMENT) (I&L--41st)
SB 83 Motor Common Carriers--collective rate-making procedures (SUB STITUTE) (Pub U--47th)
SB 84 Court of Record--documents prepared on letter-size paper (J&CL--33rd)
SR 11 Governor's Education Review Commission--create (AMEND MENT) (Ed--33rd)
SB 13 Police Dog--unlawful to destroy or cause physical injury (Gov Op--25th)
SB 14 Police Training, Employment--define "police dog" (AMEND MENTS) (Gov Op--25th)
SB 31 Probate Court Costs--change for certain services (Gov Op--25th)
SB 32 Probate Court Judges--minimum salaries (SUBSTITUTE/ AMENDMENT) (Gov Op--25th)
SB 64 Special Education Programs--grant program to local schools (Ed--33rd)
SB 67 Jury Duty--judge's exemptions and peremptory challenges (J&CL--33rd)
SB 89 State Revenue Commissioner and Deputy--change qualifications (Gov Op--33rd)
SB 91 State Officers, Employees--may instruct evening sports, recreational courses (AMENDMENT) (Gov Op--6th)

The President resumed the Chair.

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

TUESDAY, FEBRUARY 1, 1983

543

SB 18. By Senator Allgood of the 22nd:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to jurisdiction, power, and duties of the Public Service Commission, so as to provide definitions.

The Senate Committee on Public Utilities offered the following substitute to SB 18:

A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to jurisdiction, power, and duties of the Public Service Commission, so as to provide definitions; to provide procedures for the filing, review, and effective dates of temporary rate schedules; to require record keeping while temporary rate schedules are in effect; to provide for refunds; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to jurisdiction, powers, and duties of the Public Service Commission, is amended by adding a new Code section immediately following Code Section 46-2-26.3, to be designated Code Section 46-2-26.4, to read as follows:
"46-2-26.4. (a) As used in this Code section, the term:
(1) 'Electric utility' means any retail supplier of electricity whose rates are fixed by the commission.
(2) 'Temporary rate schedule' means the rate schedule or rate schedules of an electric utility filed pursuant to this Code section which shall be effective only until the effective date of the next regular rate schedule which becomes effective pursuant to Code Section 46-2-25 or pursuant to the order of a reviewing court in the event of an appeal, as provided in subsection (h) of this Code section.
(b) Whenever an electric utility files with the commission a rate change under Code Section 46-2-25, it may also file a temporary rate schedule, and the procedure and accounting treatment set forth in this Code section shall apply to such temporary rate schedule. Code Section 46-2-25 shall not apply to temporary rate schedules or to proceedings conducted pursuant to this Code section.
(c) No temporary rate schedule may become effective except after 45 days' notice to the commission and to the public, unless the commis sion orders an earlier effective date. Such notice shall be given by filing with the commission the temporary rate schedule and the other informa tion required by this Code section.
(d) The proposed temporary rate schedule shall be accompanied by

544

JOURNAL OF THE SENATE

the detailed cost of service data required by subsection (b) of Code Sec tion 46-2-26.1. The temporary rate schedule shall be based on a test pe riod consisting of actual data for the most recent 12 month period for which jurisdictionally allocated data are available and shall further be based on:
(1) An end of period capital structure and rate base, with such rate base adjusted by the addition of any new plant projected to be placed in service within six months of the date of filing;
(2) A rate of return on common equity equal to that allowed in the electric utility's currently effective rate schedules or the return on equity proposed in the filing, whichever is lower;
(3) Rate base, expense, and other cost of service items the same in nature and kind as those allowed in the electric utility's currently effec tive corresponding rate schedules;
(4) An allocation of the temporary increase among customer classes or service categories determined by applying an equal percentage in crease to the electric utility's currently effective base rates, exclusive of fuel, for such customer classes or service categories; and
(5) The same structure of individual rates as those allowed in the electric utility's currently effective rate schedules.
(e) During the 45 day notice period, the commission shall investi gate the accuracy of the cost of service data and the accuracy of the electric utility's application of the principles contained in subsection (d) of this Code section and shall conduct a public hearing for the purpose of determining such accuracy. The electric utility's testimony shall be under oath and shall, with any corrections thereto, constitute the electric util ity's affirmative case. At any hearing conducted pursuant to this Code section, the burden of proof to show compliance with the requirements of this Code section shall be upon the electric utility. Formal intervention by customers of the electric utility shall be permitted. The staff of the commission and formal intervenors shall have the right to examine all electric utility records used in the preparation of the testimony and ex hibits of that utility, to cross-examine electric utility witnesses, and to present rebuttal testimony, subject to cross-examination by all parties. At the expiration of the 45 day notice period, the temporary rate schedule shall become effective, as filed, by operation of law unless the commission orders a different temporary rate schedule into effect on that date. The commission may order a modification to the temporary rate schedule only upon a finding, following such hearing, that the cost of service data is inaccurate or that the electric utility has improperly applied the princi ples set forth in subsection (d) of this Code section. Any such modifica tion shall be no greater than necessary to conform the proffered tempo rary rate schedule to the requirements of this Code section.
(0 A temporary rate schedule filed pursuant to this Code section shall become effective by operation of law, as filed or as modified pursu ant to subsection (e) of this Code section; however, the revenues resulting from the temporary rate schedule shall be collected subject to refund fol-

TUESDAY, FEBRUARY 1, 1983

545

lowing such further public hearing as the commission may order pursu ant to Code Section 46-2-25.
(g) During the period a temporary rate schedule is in effect, the electric utility shall keep accurate account of all revenues collected there under in excess of revenues which would have been collected under the immediately preceding effective rate schedule.
(h) A temporary rate schedule shall remain in effect until changed as provided for by Code Section 46-2-25, or by a reviewing court in the event of an appeal, as follows. The temporary rate schedule shall termi nate on the effective date of the finally determined commission rate schedule, provided that, if the revenues produced by the finally deter mined commission rate schedule are lower than the revenues produced by the temporary rate schedule and the electric utility appeals such final commission order, the temporary rate schedule shall remain in effect, subject to refund, pending the decision of the Superior Court of Fulton County. In any event, if the commission, or that court in the event of an appeal, determines that the revenues produced by the temporary rate schedule exceed the revenues produced by the rate schedule approved by the commission or that court in the event of an appeal, the electric utility shall, as soon as practicable, implement the approved rate schedule and refund the excess revenues collected under the temporary rate schedule, with interest on such refund calculated at two percentage points above the daily average prime lending rate charged by commercial banks in Atlanta during the period of excess revenue recovery. Any such refund shall be made to the customers, classes of customers, or service categories from which excess revenues were collected."
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 hi conflict with this Act are repealed.

Senator Scott of the 36th moved that he be excused from voting on SB 18, stating that he had a personal interest in the results.

On the motion, the yeas were 42, nays 0; the motion prevailed, and Senator Scott of the 36th was excused from voting on SB 18.

Senator Bond of the 39th offered the following amendment:
Amend the substitute to SB 18 offered by the Senate Committee on Public Utilities by striking in its entirety paragraph (2), beginning on line 22 of Page 1, which reads as follows:
"(2) Temporary rate schedule' means the rate schedule or rate schedules of an electric utility filed pursuant to this Code section which shall be effective only until the effective date of the next regular rate schedule which becomes effective pursuant to Code Section 46-2-25 or

546

JOURNAL OF THE SENATE

pursuant to the order of a reviewing court in the event of an appeal, as provided in subsection (h) of this Code section.",
and inserting in lieu thereof the following:
"(2) 'Temporary rate schedule' means the rate schedule or rate schedules of an electric utility filed pursuant to this Code section which shall be effective only until the effective date of the rate schedule finally determined by the commission pursuant to Code Section 46-2-25."
By striking in its entirety subsection (h), beginning on line 23 of Page 4, which reads as follows:
"(h) A temporary rate schedule shall remain in effect until changed as provided for by Code Section 46-2-25, or by a reviewing court in the event of an appeal, as follows. The temporary rate schedule shall termi nate on the effective date of the finally determined commission rate schedule, provided that, if the revenues produced by the finally deter mined commission rate schedule are lower than the revenues produced by the temporary rate schedule and the electric utility appeals such final commission order, the temporary rate schedule shall remain in effect, subject to refund, pending the decision of the Superior Court of Fulton County. In any event, if the commission, or that court in the event of an appeal, determines that the revenues produced by the temporary rate schedule exceed the revenues produced by the rate schedule approved by the commission or that court in the event of an appeal, the electric utility shall, as soon as practicable, implement the approved rate schedule and refund the excess revenues collected under the temporary rate schedule, with interest on such refund calculated at two percentage points above the daily average prime lending rate charged by commercial banks in Atlanta during the period of excess revenue recovery. Any such refund shall be made to the customers, classes of customers, or service categories from which excess revenues were collected.",
and inserting in lieu thereof a new subsection (h) to read as follows:
"(h) A temporary rate schedule shall remain in effect until changed as provided for by Code Section 46-2-25. The temporary rate schedule shall terminate on the effective date of the rate schedule finally deter mined by the commission pursuant to Code Section 46-2-25. In any event, if the commission, or that court in the event of an appeal, deter mines that the revenues produced by the temporary rate schedule exceed the revenues produced by the rate schedule approved by the commission or that court in the event of an appeal, the electric utility shall, as soon as practicable, implement the approved rate schedule and refund the ex cess revenues collected under the temporary rate schedule, with interest on such refund calculated at two percentage points above the daily aver age prime lending rate charged by commercial banks in Atlanta during the period of excess revenue recovery. Any such refund shall be made to the customers, classes of customers, or service categories from which ex cess revenues were collected."

Senators Starr of the 44th, Stumbaugh of the 55th and Broun of the 46th offered the following amendment:

TUESDAY, FEBRUARY 1, 1983

547

Amend the amendment offered by Senator Bond of the 39th to the sub stitute to SB 18 offered by the Senate Committee on Public Utilities by striking on Page 2, line 30 of the amendment the following:
"as soon as practicable"
and inserting in lieu thereof the following:
"within forty-five (45) days".
On the adoption of the amendment offered by Senators Starr of the 44th, Stumbaugh of the 55th and Broun of the 46th, the yeas were 45, nays 0, and the amendment to the amendment offered by Senator Bond of the 39th to the substitute to SB 18 offered by the Senate Committee on Public Utilities was adopted.
Senator Howard of the 42nd offered the following amendment:
Amend the amendment offered by Senator Bond of the 39th to the sub stitute to SB 18 offered by the Senate Committee on Public Utilities by adding at line 2, Page 2 after the word "of, the following:
"a duly elected Judge of.
On the adoption of the amendment offered by Senator Howard of the 42nd, the yeas were 47, nays 0, and the amendment to the amendment offered by Senator Bond of the 39th to the substitute to SB 18 offered by the Senate Committee on Public Utilities was adopted.
Senators Starr of the 44th, Stumbaugh of the 55th and Broun of the 46th offered the following amendment:
Amend the substitute to SB 18 offered by the Senate Committee on Public Utilities by striking on Page 5, line 6 the following:
"as soon as practicable"
and inserting in lieu thereof the following:
"within forty-five (45) days".
On the adoption of the amendment offered by Senators Starr of the 44th, Stumbaugh of the 55th and Broun of the 46th, the yeas were 47, nays 0, and the amendment to the substitute to SB 18 offered by the Senate Committee on Public Utilities was adopted.
Senator Howard of the 42nd offered the following amendment:
Amend the substitute to SB 18 offered by the Senate Committee on Public Utilities by adding on line 34 of Page 4 after the word "of the following:
"a duly elected Judge of.

548

JOURNAL OF THE SENATE

On the adoption of the amendment offered by Senator Howard of the 42nd, the yeas were 46, nays 0, and the amendment to the substitute to SB 18 offered by the Senate Committee on Public Utilities was adopted.

On the adoption of the amendment offered by Senator Bond of the 39th to the substitute to SB 18 offered by the Senate Committee on Public Utilities, Senator Allgood of the 22nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Brannon Burton Dawkins Engram Garner Gillis

Greene Harrison Hine Horton Howard Hudgins Littlefield McGill Peevy

Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Walker

Those voting in the negative were Senators:

Allgood Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coggin Coleman

Coverdell Deal Dean English Fincher Foster Harris Hill Holloway

Kennedy Kidd Land Lester McKenzie Perry Phillips Timmons Tysinger

Not voting were Senators Scott of the 36th (excused) and Summers (deceased).

On the adoption of the amendment offered by Senator Bond of the 39th, the yeas were 27, nays 27, and the amendment to the substitute to SB 18 offered by the Senate Committee on Public Utilities was lost.

Senator Bond of the 39th moved that the Senate reconsider its action in defeating the amendment offered by Senator Bond of the 39th to the substitute to SB 18 offered by the Senate Committee on Public Utilities.

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

TUESDAY, FEBRUARY I, 1983

549

Those voting in the affirmative were Senators:

Barker Barnes Bond Brannon Brantley Burton Coverdell Dawkins Engram Garner

Gillis Greene Harrison Mine Horton Howard Hudgins Kidd Land McGill

Peevy Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Walker

Those voting in the negative were Senators:

Allgood Bowen Broun of 46th Brown of 47th Bryant Cobb Coggin Coleman

Deal Dean English Fincher Foster Harris Hill Holloway

Kennedy Lester Littlefield McKenzie Perry Phillips Timmons Tysinger

Not voting were Senators Scott of the 36th (excused) and Summers (deceased).

On the motion, the yeas were 30, nays 24; the motion prevailed, and the Senate reconsidered the amendment offered by Senator Bond of the 39th to the substitute to SB 18 offered by the Senate Committee on Public Utilities.

On the adoption of the amendment offered by Senator Bond of the 39th to the substitute to SB 18 offered by the Senate Committee on Public Utilities, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Brannon Burton Dawkins Engram Garner Gillis

Greene Harrison Hine Horton Howard Hudgins Littlefield McGill Peevy

Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Walker

550

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Allgood Bowen
Brantley Broun of 46th Brown of 47th Bryant Cobb Coggin Coleman

Coverdell Deal Dean English Fincher Foster Harris Hill Holloway

Kennedy Kidd Land Lester McKenzie Perry Phillips Timmons Tysinger

Not voting were Senators Scott of the 36th (excused) and Summers (deceased).

On the adoption of the amendment offered by Senator Bond of the 39th, the yeas were 27, nays 27, and the amendment to the substitute to SB 18 offered by the Senate Committee on Public Utilities was lost.

Senator Bond of the 39th offered the following amendment: Amend the substitute to SB 18 offered by the Senate Committee on
Public Utilities by striking from line 13 of Page 2 the following: "45",
and inserting in lieu thereof the following: "60".
By striking from line 12 of Page 3 the following: "45",
and inserting in lieu thereof the following: "60".
By striking from line 31 of Page 3 the following: "45",
and inserting in lieu thereof the following: "60".

On the adoption of the amendment offered by Senator Bond of the 39th, the yeas were 49, nays 0, and the amendment to the substitute to SB 18 offered by the Senate Committee on Public Utilities was adopted.

TUESDAY, FEBRUARY 1, 1983

551

On the adoption of the substitute to SB 18 offered by the Senate Committee on Public Utilities, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dean Fincher

Foster Harris Harrison Hill Holloway Horton Hudgins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Perry Phillips Scott of 2nd Starr Tate Thompson Timmons Tysinger

Those voting in the negative were Senators:

Barker Barnes !?ond BBorawnennon
Dawkins
Deal

English Engram ?,rner GGirleleisne
Hine
Howard

Peevy Scott of 43rd Stumbaugh TIruIlLock.
Turner
Walker

Not voting were Senators Scott of the 36th (excused) and Summers (deceased).

On the adoption of the substitute, the yeas were 34, nays 20, 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 Brantley Broun of 46th Brown of 47th Bryant Cobb

Coggin Coleman Coverdell Dean Fincher Foster

Harris Harrison Hill Holloway Hudgins Kennedy

552
Kidd Land tester Littlefield McGill

JOURNAL OF THE SENATE

McKenzie
Perrv Phillips Scott of 2nd Starr

Tate Thompson
Timmons Tysinger

Those voting in the negative were Senators:

Barker Barnes ||ond
SaTon Burton
Dawkins Deal

English Engram Garner
Gillis Greene
Hine Horton

Howard Peevy Scott of 43rd
Stumbaugh Trulock
Turner Walker

Not voting were Senators Scott of the 36th (excused) and Summers (deceased).

On the passage of the bill, the yeas were 32, nays 22.

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

SB 36. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize of ficers and employees of the state to engage in political activities under cer tain conditions.

The Senate Committee on Governmental Operations offered the following substi tute to SB 36:

A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize of ficers and employees of the state to engage in political activities under cer tain conditions; to provide that no rules or regulations of any state agency, department, or authority shall prohibit nonelective officers or employees of the state from offering for or holding any elective or appointive office of a political subdivision of this state or any elective or appointive office of a political party or political organization; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 1, 1983

553

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, is amended by adding at the end thereof a new Part 3 to read as follows:
"Part 3
45-10-50. (a) Officers and employees of the state shall have the right to express their opinions on all political subjects and conditions. Officers and employees of the state shall not engage in any political activities during regular working hours. By way of illustration and not of limita tion, officers and employees of the state shall have the right to affix bumper stickers for the candidate or candidates of their choice on their personal vehicles and to distribute campaign literature during off-duty hours for the candidate or candidates of their choice. Nothing in this Code section shall be construed so as to limit the political activities of officers and employees of the state in general, special, primary, bond, ref erendum, or any other election of any kind or nature.

(b) No rules or regulations of any state agency, department, or au thority shall prohibit nonelective officers or employees of this state from offering for or holding any elective or appointive office of a political sub division of this state or any elective or appointive office of a political party or political organization of this state."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 1, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Bryant Burton

Cobb Coggin Coleman Coverdell Deal Dean English Engram Fincher Foster

Garner Gillis Harris Hine Holloway Howard Hudgins Kennedy Kidd Lester

554

JOURNAL OF THE SENATE

Littlefield McGill McKenzie Peevy
Scott of 2nd

Scott of 36th Scott of 43rd Starr Stumbaugh
Tate

Timmons Trulock Turner Tysinger
Walker

Those voting in the negative were Senators:

Dawkins Greene Harrison

Land Perry

Phillips Thompson

Those not voting were Senators:

Brown of 47th Hill

Norton

Summers (deceased)

On the passage of the bill, the yeas were 45, nays 7.

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

SB 45. By Senators Turner of the 8th, Deal of the 49th, Perry of the 7th and others:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to criminal issuance of bad checks, so as to change the pen alty for certain crimes involving bad checks.

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

On 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

Burton Cobb Coggin Coleman Coverdell Dawkins Deal English Engram Fincher

Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton

TUESDAY, FEBRUARY 1, 1983

555

Howard Hudgins
Kennedy Kidd Land
Lester Littlefield McGill

McKenzie Peevy
Perry Phillips Scott of 2nd
Scott of 36th Scott of 43rd Starr

Stumbaugh Tate
Thompson Timmons Trulock
Turner Tysinger Walker

Not voting were Senators Dean and Summers (deceased).

On the passage of the bill, the yeas were 54, nays 0.

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

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

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

556

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Wednesday, February 2, 1983 Fifteenth 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 Scott of the 43rd reported that the Journal of yesterday's proceedings had been read and found correct.

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

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

Mr. President:

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

HB 72. By Representatives Matthews of the 145th, Moore of the 139th, Cheeks of the 89th and others:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to criminal issuance of bad checks, so as to provide that in struments issued for the support of minors are issued for a present consideration.

HB 83. By Representatives Brooks of the 34th and Daugherty of the 33rd:
A bill to amend Chapter 3 of Title 35 of the Official Code of Georgia Anno tated, relating to the Georgia Bureau of Investigation, so as to create within the Georgia Bureau of Investigation an Antiterrorism Task Force.

HB 137. By Representatives Walker of the 115th, Evans of the 84th and Smyre of the 92nd:
A bill to amend Code Section 15-11-37 of the Official Code of Georgia An notated, relating to designated felony acts and restrictive custody in juvenile proceedings, so as to provide that orders of disposition for restrictive custody shall be transmitted to the clerk of the superior court of the county in which the designated felony act was committed.

WEDNESDAY, FEBRUARY 2, 1983

557

HB 153. By Representatives Jackson, Wood and Lawson of the 9th and others:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Anno tated, relating to definitions with respect to the indemnification of law en forcement officers, firemen, and prison guards, so as to change the definition of the term "fireman".

HB 170. By Representatives Mullinax of the 81st, Mostiler of the 75th, Williams of the 6th and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, the "Employment Security Law," so as to change the date on which alien laborers will be excluded in determining agricultural employer liability.

HB 173. By Representatives Hanner of the 131st, Hays of the 1st, Ramsey of the 3rd and others:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Anno tated, relating to definitions with respect to indemnification of law enforce ment officers, firemen, and prison guards, so as to change the definition of the term "prison guard".

HB 206. By Representatives Home of the 103rd and Randall of the 101st:
A bill to amend Article 5 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to earned-time allowances of inmates, so as to provide that inmates serving sentences for armed robbery shall not be enti tled to earned-time allowanced under certain conditions.

HB 302. By Representatives Groover of the 99th, Birdsong of the 104th, Randall of the 101st and others:
A bill to amend an Act known as the "Macon-Bibb County Water and Sew erage Authority", so as to authorize the Macon-Bibb County Water and Sewerage Authority by ordinance or regulations to qualify for and authorize it to apply for and obtain a license or permit.

HB 311. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to amend an Act creating the office of tax commissioner of Jefferson County, so as to provide a salary for the tax commissioner which shall be in lieu of all other compensation.

HB 312. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to abolish the office of treasurer of Jefferson County; to provide for the designation of a person or depository to perform the duties of treasurer.

558

JOURNAL OF THE SENATE

HB 313. By Representatives Snow of the 1st, Karrh of the 109th, Chambless of the 133rd and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to require that the Attorney General and the attorneys of record of a convicted person sentenced to death be notified of the date of execution and changes in that date.

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

SB 11. By Senators Greene of the 26th, Barnes of the 33rd, Peevy of the 48th and others:
A bill to amend Article 1 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of writings as evidence, so as to expand the type of medical bills which may be identified in evidence by a patient, a member of the patient's family, or other responsible person.

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

SB 176. By Senator Hine of the 52nd:
A bill to amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to provide for the use of interpreters by hearing impaired persons; to provide legislative intent; to provide definitions.
Referred to Committee on Judiciary.

SB 177. By Senator Holloway of the 12th:
A bill to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract, so as to authorize the department to award a contract when only one bid has been received on a project.
Referred to Committee on Transportation.

SB 178. By Senator Hudgins of the 15th:
A bill to amend Code Section 49-5-10 of the Official Code of Georgia Anno tated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, so as to provide that the regional Youth Services Division program director may delegate responsibility to a designee for determining whether children who have been committed to the Depart ment of Human Resources and who have violated the conditions of supervi sion should be apprehended.
Referred to Committee on Children and Youth.

WEDNESDAY, FEBRUARY 2, 1983

559

SB 179. By Senator Hudgins of the 15th:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to allow certain youths committed to the Department of Human Resources to be awarded earned-time allowances.
Referred to Committee on Children and Youth.

SB 180. By Senator Hudgins of the 15th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the juvenile court may make an order requiring a child to pay restitituion for damages resulting from delinquent behavior; to provide that a restitution order may remain in force and effect simultaneously with other orders.
Referred to Committee on Children and Youth.

SB 181. By Senator Hudgins of the 15th:
A bill to amend Code Section 27-3-63 of the Official Code of Georgia Anno tated, relating to prohibited activities concerning trapping and tending of traps, so as to prohibit the use of steel jaw leg-hold traps in the trapping of fur-bearing animals at any time prior to November 20, 1984.
Referred to Committee on Natural Resources and Environmental Quality.

SB 182. By Senator Kidd of the 25th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to superior courts, so as to change the minimum annual sala ries for clerks of the superior courts; to provide an effective date.
Referred to Committee on Governmental Operations.

SB 183. By Senator Dean of the 31st:
A bill to amend an Act reincorporating the City of Rockmart and creating a new charter for said city, as amended, so as to increase the maximum fine which may be imposed by the recorder of the City of Rockmart for viola tions of laws or ordinances and for contempt.
Referred to Committee on Federal, State and Community Affairs.

SB 184. By Senators Howard of the 42nd, Fincher of the 54th and Kidd of the 25th:
A bill to amend Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmaceutics, so as to change qualifications for pharmacist's license; to provide for nuclear pharmacies; to provide a short title.
Referred to Committee on Human Resources.

560

JOURNAL OF THE SENATE

SB 185. By Senator Foster of the 50th:
A bill to amend Code Section 20-2-551, relating to definitions applicable to the Georgia Education Authority (Schools), so as to provide that the word "project" shall also mean public library buildings and facilities in addition to school libraries and facilities and to authorize contracts in connection therewith.
Referred to Committee on Education.

SB 186. By Senators Greene of the 26th, Garner of the 30th and Trulock of the 10th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to public health, so as to authorize the discontinuance of extraordinary lifesustaining procedures for certain persons; to provide for a declaration of findings.
Referred to Committee on Judiciary and Constitutional Law.

SB 187. By Senator Scott of the 43rd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties, so as to provide that any county of this state having a population within the unincorporated area thereof of 350,000 or more according to the United States decennial census of 1980 or any future such census shall be vested with the powers of a municipal corporation within such unincorporated area.
Referred to Committee on Federal, State and Community Affairs.

SR 68. By Senator Foster of the 50th:
A resolution relating to fringe benefits for state employees, University Sys tem of Georgia personnel, and public school teachers.
Referred to Committee on Education.

SR 69. By Senator Foster of the 50th: A resolution relative to the appointment of Federal Court Monitors.
Referred to Committee on Offender Rehabilitation.

SR 75. By Senator Hudgins of the 15th:
A resolution proposing an amendment to the Constitution so as to prohibit the use of steel jaw leg-hold traps in the trapping of fur-bearing animals in this state; to provide for enforcement by penal laws; to provide for the sub mission of this amendment for ratification or rejection.
Referred to Committee on Natural Resources and Environmental Quality.

WEDNESDAY, FEBRUARY 2, 1983

561

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

HB 72. By Representatives Matthews of the 145th, Moore of the 139th, Cheeks of the 89th and others:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to criminal issuance of bad checks, so as to provide that in struments issued for the support of minors are issued for a present consideration.
Referred to Committee on Judiciary and Constitutional Law.

HB 83. By Representatives Brooks of the 34th and Daugherty of the 33rd:
A bill to amend Chapter 3 of Title 35 of the Official Code of Georgia Anno tated, relating to the Georgia Bureau of Investigation, so as to create within the Georgia Bureau of Investigation an Antiterrorism Task Force.
Referred to Committee on Judiciary and Constitutional Law.

HB 137. By Representatives Walker of the 115th, Evans of the 84th and Smyre of the 92nd:
A bill to amend Code Section 15-11-37 of the Official Code of Georgia An notated, relating to designated felony acts and restrictive custody in juvenile proceedings, so as to provide that orders of disposition for restrictive custody shall be transmitted to the clerk of the superior court of the county in which the designated felony act was committed.
Referred to Committee on Judiciary and Constitutional Law.

HB 153. By Representatives Jackson, Wood and Lawson of the 9th and others:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Anno tated, relating to definitions with respect to the indemnification of law en forcement officers, firemen, and prison guards, so as to change the definition of the term "fireman".
Referred to Committee on Transportation.

HB 170. By Representatives Mullinax of the 81st, Mostiler of the 75th, Williams of the 6th and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, the "Employment Security Law," so as to change the date on which alien laborers will be excluded in determining agricultural employer liability.
Referred to Committee on Industry and Labor.

562

JOURNAL OF THE SENATE

HB 173. By Representatives Manner of the 131st, Hays of the 1st, Ramsey of the 3rd and others:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Anno tated, relating to definitions with respect to indemnification of law enforce ment officers, firemen, and prison guards, so as to change the definition of the term "prison guard".
Referred to Committee on Offender Rehabilitation.

HB 206. By Representatives Home of the 103rd and Randall of the 101st:
A bill to amend Article 5 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to earned-time allowances of inmates, so as to provide that inmates serving sentences for armed robbery shall not be enti tled to earned-time allowances under certain conditions.
Referred to Committee on Judiciary and Constitutional Law.

HB 313. By Representatives Snow of the 1st, Karrh of the 109th, Chambless of the 133rd and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to require that the Attorney General and the attorneys of record of a convicted person sentenced to death be notified of the date of execution and any changes in that date.
Referred to Committee on Judiciary and Constitutional Law.

HB 302. By Representatives Groover of the 99th, Birdsong of the 104th, Randall of the 101st and others:
A bill to amend an Act known as the "Macon-Bibb County Water and Sew erage Authority", so as to authorize the Macon-Bibb County Water and Sewerage Authority by ordinance or regulations to qualify for and authorize it to apply for and obtain a license or permit.
Referred to Committee on Federal, State and Community Affairs.

HB 311. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to amend an Act creating the office of tax commissioner of Jefferson County, so as to provide a salary for the tax commissioner which shall be in lieu of all other compensation.
Referred to Committee on Federal, State and Community Affairs.

HB 312. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to abolish the office of treasurer of Jefferson County; to provide for the designation of a person or depository to perform the duties of treasurer.
Referred to Committee on Federal, State and Community Affairs.

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

WEDNESDAY, FEBRUARY 2, 1983

563

Mr. President:

The Committee on Agriculture has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the fol lowing recommendations:
SB 136. Do pass. SB 137. Do pass as amended.
Respectfully submitted,
Senator McGill of the 24th District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 133. SB 140. SB 155.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the fol lowing bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 113. Do pass. SR 45. Do pass.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following
recommendation:

564

JOURNAL OF THE SENATE

SB 7. Do pass as amended. Respectfully submitted, Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 88. Do pass by substitute.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

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

SB 41. Do pass. SB 66. Do pass.

SB 135. Do pass. SB 148. Do pass. Respectfully submitted, Senator Garner of the 30th District, Chairman

Mr. President:

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

SB 42. SB 73. SB 110.

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

Respectfully submitted.

Senator Turner of the 8th District, Chairman

WEDNESDAY, FEBRUARY 2, 1983

565

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

SB 21. By Senators Cobb of the 28th and Hill of the 29th:
A bill to amend Code Section 15-6-86, relating to the location of the office and storage of records of the clerk of the superior court.

SB 76. By Senator Brannon of the 51st:
A bill to amend Code Section 19-9-1 of the Official Code of Georgia Anno tated, relating to custody of children and the right of children to select cus todial parent, so as to change the age at which a child shall have the right to select the parent with whom he desires to live.

SB 85. By Senator Barnes of the 33rd:
A bill to amend Code Section 14-2-63 of the Official Code of Georgia Anno tated, relating to venue in actions against corporations, so as to provide that corporations may be sued for torts, wrongs, and injuries in the county where the cause of action originated.

SB 106. By Senator Timmons of the llth:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions regarding torts, so as to provide that any person engaged in the act of hunting who injures or kills any other person shall be liable for such injury or death.

SB 112. By Senators Deal of the 49th, Peevy of the 48th and Foster of the 50th:
A bill to amend Code Section 20-2-520 of the Official Code of Georgia An notated, relating to school property and facilities, so as to authorize county boards of education and area boards of education to acquire, improve, and sell real or personal property in connection with the vocational educational curricula or program of such board; to provide an effective date.

SB 130. By Senator Kidd of the 25th:
A bill to amend Chapter 7 of Title 33 of the Official Code of Georgia Anno tated, relating to kinds of insurance, limits of risks, and reinsurance, so as to change the provisions relating to property insurance.

SB 151. By Senator Brown of the 47th:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Anno tated, relating to telegraph service, so as to define certain terms; to provide that a percentage of incorporators be residents of Georgia.

566

JOURNAL OF THE SENATE

SB 153. By Senator Coggin of the 35th: A bill to amend Code Section 16-1-8 of the Official Code of Georgia Anno tated, relating to when a prosecution is barred by a former prosecution for the same crime, so as to provide that termination is not improper when the trial court finds that the termination is necessary because prejudicial con duct in or out of the courtroom makes it impossible to proceed with the trial without injustice to the defendant or the state.
SB 160. By Senator Kidd of the 25th: A bill to amend an Act abolishing the present mode of compensating the judge of the Probate Court of Jones County, known as the fee system, and providing in lieu thereof an annual salary, as amended, so as to change the compensation provisions relating to the judge of the probate court.
HB 7. By Representative Bolster of the 30th: A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to procedures for procuring bail in certain criminal cases, so as to delete aggravated assault as an offense bailable only before a judge of superior court.
HB 51. By Representative Lane of the 27th: A bill to amend Code Section 44-7-54 of the Official Code of Georgia Anno tated, relating to payment of rent into the court under dispossessory pro ceedings, so as to change the provisions relating to the time at which the tenant must begin making payments into the court.
HB 109. By Representatives Johnson of the 70th, Bolster of the 30th and Alford of the 57th: A bill to amend Chapter 63 of Title 36 of the Official Code of Georgia Annotated, the "Resource Recovery Development Authorities Law," so as to change the purpose and definitions so as to provide for applicability to certain renewable energy resources.
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 111. By Senator McGill of the 24th: A bill to amend an Act providing a new charter for the City of Union Point, as amended, so as to change certain fines.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 2, 1983

567

SB 124. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act implementing the Brunswick and Glynn County Development Authority, as amended, so as to provide that the Authority and the Jekyll Island-State Park Authority each shall have the power to contract one with the other.

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

On the passage of the bill, the yeas were 50, nays 0.

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

HB 190. By Representative Hudson of the 117th:
A bill to amend an Act incorporating the Town of Pineview, so as to change the provisions relating to ad valorem taxation and limitations thereof; to change the provisions relating to fines.

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

On the passage of the bill, the yeas were 50, nays 0.

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

HB 191. By Representative Hooks of the 116th:
A bill to amend an Act placing the Sheriff of Sumter County on a salary basis in lieu of a fee basis, so as to change the salary of the sheriff.

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

On the passage of the bill, the yeas were 50, nays 0.

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

568

JOURNAL OF THE SENATE

HB 192. By Representative Hooks of the 116th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Sumter County into the one office of Tax Commissioner of Sumter County, so as to change the compensation of the tax commissioner.

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

On the passage of the bill, the yeas were 50, nays 0.

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

HB 193. By Representative Hooks of the 116th:
A bill to provide that the governing authority of Sumter County shall deter mine and establish the total annual compensation to be paid to the judge of the probate court, the clerk of the superior court, the sheriff, and the tax commissioner of Sumter County.

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

On the passage of the bill, the yeas were 50, nays 0.

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

HB 197. By Representative Cox of the 141st:
A bill to provide for the election of members of the board of education of Seminole County.

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

On the passage of the bill, the yeas were 50, nays 0.

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

WEDNESDAY, FEBRUARY 2, 1983

569

HB 215. By Representative Hudson of the 117th: A bill to create and establish a Small Claims Court of Wilcox County.

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

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

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

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis
Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land

Those not answering were Senators:

Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr
Thompson Timmons Trulock Turner Tysinger Walker

Coverdell Harrison (excused)

Littlefield Scott of 36th

Stumbaugh Summers (deceased)

Senator Peevy of the 48th introduced the chaplain of the day, Reverend W. C. Corley, pastor of the First Baptist Church, Lawrenceville, Georgia, who offered scrip ture reading and prayer.

570

JOURNAL OF THE SENATE

The following resolution of the Senate was read and adopted:

SR 76. By Senators Hudgins of the 15th, Brantley of the 56th, Dean of the 31st and others:
A resolution expressing regret at the passing of Paul W. "Bear" Bryant.

SENATE CALENDAR
Wednesday, February 2, 1983
FIFTEENTH LEGISLATIVE DAY
SB 56 Workers' Compensation--certain information to injured workers on rights (AMENDMENT) (I&L--41st)
SB 83 Motor Common Carriers--collective rate-making procedures (SUB STITUTE) (Pub U--47th)
SB 84 Court of Record--documents prepared on letter-size paper (J&CL--33rd)
SR 11 Governor's Education Review Commission--create (AMEND MENTS) (Ed--33rd)
SB 13 Police Dogs--unlawful to destroy or cause physical injury (Gov Op--25th)
SB 14 Police Training, Employment--define "police dog" (AMEND MENTS) (Gov Op--25th)
SB 31 Probate Court Costs--change for certain services (Gov Op--25th)
SB 32 Probate Court Judges--minimum salaries (SUBSTITUTE/ AMENDMENT) (Gov Op--25th)
SB 64 Special Education Programs--grant program to local schools (Ed--33rd)
SB 67 Jury Duty--judge's exemptions and peremptory challenges (J&CL--33rd)
SB 89 State Revenue Commissioner and Deputy--change qualifications (Gov Op--33rd)
SB 91 State Officers, Employees--may instruct evening sports, recreational courses (AMENDMENT) (Gov Op--6th)
SB 61 Traffic Offenses--changing, modifying judgments (SUBSTITUTE) (J&CL--40th)
SB 69 Criminal Case--change grounds for new trial (AMENDMENT) (J&CL--33rd)
SB 70 Criminal, Traffic Fines--additional for training policemen (SUBSTI TUTE) (J&CL--33rd)
SB 147 Public Works Contracts by State--preferential treatment of domestic steel (SUBSTITUTE) (J&CL--19th)
HB 136 Criminal Extraditions--certain documents issued under executive seal (J&CL--26th)

WEDNESDAY, FEBRUARY 2, 1983

571

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

SB 56. By Senators Tysinger of the 41st, McKenzie of the 14th and Foster of the 50th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to require the board to pro vide injured workers with certain information concerning rights, benefits, and obligations of injured workers under the workers' compensation laws.

Senator Tysinger of the 41st offered the following amendment:
Amend SB 56 by striking on Page 1, lines 14 through 21, in their en tirety and substituting in lieu thereof the following:
"34-9-81.1. Upon receipt of notice of injury from the employer, as provided in subsection (a) of Code Section 34-9-12, or any other indica tion of compensable injury, the Board shall as soon as practicable, pro vide the injured worker with notice of his or her rights, benefits, and obligations under this chapter together with a brief explanation of the operation of such chapter."

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, 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 Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

572

JOURNAL OF THE SENATE

Those not voting were Senators:

Brannon Coverdell

Harris Harrison (excused)

Summers (deceased)

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 83. By Senator Brown of the 47th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Anno tated, relating to motor carriers, so as to change the provisions, relating to the authority of the commission to prescribe reasonable rates, fares, and charges for motor common carriers.

The Senate Committee on Public Utilities offered the following substitute to SB 83:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 7 of Title 46 of the Official Code of Georgia Anno tated, relating to motor carriers, so as to change the provisions relating to the authority of the commission to prescribe reasonable rates, fares, and charges for motor common carriers and motor contract carriers; to provide that the failure on the part of any motor common carrier to comply with Code Section 46-7-18 or the rules and regulations promulgated thereunder may result in suspension or cancellation of said carrier's operating authority; to provide that the failure on the part of any motor contract carrier to com ply with Code Section 46-7-63 or the rules and regulations promulgated thereunder may result in suspension or cancellation of said carrier's operat ing authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 46 of the Official Code of Georgia Anno tated, relating to motor carriers, is amended by striking in its entirety Code Section 46-7-18, relating to authority of commission to prescribe reasonable rates, fares, and charges for motor common carriers, and inserting in lieu thereof a new Code Section 46-7-18 to read as follows:
"46-7-18. The commission shall prescribe just and reasonable rates, fares, and charges for transportation by motor common carriers of pas sengers, baggage, and property and for all services rendered by motor common carriers in connection therewith. The tariffs therefor shall be in such form and shall be filed and published in such manner and on such notice as the commission may prescribe. Such tariffs shall also be subject

WEDNESDAY, FEBRUARY 2, 1983

573

to change on such notice and in such manner as the commission may prescribe. In order to carry out the purposes of this Code section, includ ing the publication and maintenance of just, reasonable, and nondiscriminatory rates and charges, the commission shall establish a collective ratemaking procedure for all commodities for which it has heretofore pre scribed rates. Failure on the part of any motor common carrier to comply with this Code section or the rules and regulations promulgated under this Code section may result in suspension or cancellation of said car rier's operating authority by the commission."
Section 2. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 46-7-63, relating to authority of commission to prescribe reasonable rates, fares, and charges for motor contract carriers, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) In order to carry out the purposes of this Code section, includ ing the publication and maintenance of just, reasonable, and nondiscriminatory rates and charges, the commission shall establish a collective ratemaking procedure for all commodities for which it has heretofore pre scribed rates. Failure on the part of any motor contract carrier to comply with this Code section or the rules and regulations promulgated under this Code section may result in suspension or cancellation of said car rier's operating authority by the commission."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Barker Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb

Coggin Coleman Dawkins Deal Dean English Engram Fincher Foster Garner

Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Kennedy

574

JOURNAL OF THE SENATE

Kidd Land Lester Littlefield McGill McKenzie Peevy

Perry Phillips Scott of 2nd
Scott of 36th Scott of 43rd Starr
Stumbaugh

Tate Thompson Timmons
Trulock
Turner Tysinger Walker

Those not voting were Senators:

Allgood Barnes

Coverdell Harrison (excused)

Summers (deceased)

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 84. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 15 of the Official Code of Georgia Anno tated, relating to administration of courts of record, so as to provide that any pleadings or other documents filed in any court of record may be pre pared on letter-size paper.

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

On 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 Burton Cobb Coggin Coleman Dawkins

Deal Dean English Engram Fincher Foster Garner
Gillis
Greene Harris Hill Hine Holloway Horton Howard

Hudgins Kennedy Kidd Land Lester Littlefield McGill McKenzie
Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd
Starr

WEDNESDAY, FEBRUARY 2, 1983

575

Stumbaugh Tate Thompson

Timmons Trulock Turner

Tysinger Walker

Those not voting were Senators:

Coverdell

Harrison (excused)

Summers (deceased)

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Harris of the 27th introduced the doctor of the day, Dr. R. E. Dallas, of Thomaston, Georgia.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 11. By Senators Greene of the 26th, Barnes of the 33rd, Peevy of the 48th and others: A bill to amend Article 1 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of writings as evidence, so as to expand the type of medical bills which may be identified in evidence by a patient, a member of the patient's family, or other responsible person.
The House amendment was as follows:
Amend SB 11 by striking lines 18 and 19 of Page 2 in their entirety and substituting in lieu thereof the following:
"Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. 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 amendment to SB 11.
On the motion, a roll call was taken, and the vote was as follows:

Those vo'ing in the affirmative were Senators:

Barker Barnes Bond

Bowen Brannon Brantley

Broun of 46th Brown of 47th Bryant

576

JOURNAL OF THE SENATE

Burton Cobb Coggin Coleman
En ra Fjncher Poster G arner Gillis Greene Harris

Hill Hine Holloway Horton Howard Hudgins Kennedy
fidd Land Lester Littlefield McGill McKenzie Peevy

Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh
Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Coverdell

Harrison (excused)

Summers (deceased)

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 11.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.
The following general resolution and bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SR 11. By Senators Barnes of the 33rd, Dean of the 31st, Foster of the 50th and others: A resolution creating the Governor's Education Review Commission so as to provide for its composition; to provide for the powers and duties of the com mission; to provide for staff support for the commission; to provide for ex penditure of funds and the payment of expenses; to provide for the expira tion of the commission.
The Senate Committee on Education offered the following amendment:
Amend SR 11 by adding between line 17 and line 18 of Page 1 the following:
"WHEREAS, open communication between all segments of the ed ucation community, teachers, administrators, school board members, leg islators, parents, and members of the lay public is essential to a sound school system; and".
By striking from line 6 of Page 3 the following: "state",

WEDNESDAY, FEBRUARY 2, 1983

577

and inserting in lieu thereof the following:
"State".
By adding on line 13 of Page 3 after the following:
"others.",
the following:
"The commission shall study and develop methods to ensure that open communications exist between all components of the education system."

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

Senators Starr of the 44th and Foster of the 50th offered the following amendment:
Amend SR 11 by striking on Page 2, line 7 the word "three" and in serting in lieu thereof the word "five".

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

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman

Dawkins Deal Dean Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway

Horton Howard Kidd Land Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd

578

JOURNAL OF THE SENATE

Starr Stumbaugh Tate

Thompson Timmons Trulock

Turner Tysinger Walker

Those not voting were Senators:

Allgood Coverdell English

Harrison (excused) Hudgins Kennedy (presiding)

Scott of 36th Summers (deceased)

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

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

SB 13. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to make it unlawful knowingly and intentionally to destroy or cause physical injury to a police dog.

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

On 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 Burton Cobb Coggin Coleman Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Hill Holloway Horton Howard Kidd Land Lester Littlefield

McGill McKenzie Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

WEDNESDAY, FEBRUARY 2, 1983

579

Those voting in the negative were Senators:

Dawkins

Hine

Peevy

Those not voting were Senators:

Coverdell Harrison (excused)

Hudgins Kennedy (presiding)

Summers (deceased)

On the passage of the bill, the yeas were 48, nays 3.

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

SB 14. By Senator Kidd of the 25th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, relating to employment and training of peace officers, so as to define the term "police dog".

The Senate Committee on Governmental Operations offered the following amendment:
Amend SB 14 by striking from the title, beginnning on line 14 of Page 1, the following:
"to provide for civil actions by the council against law enforcement units which do not comply with certification requirements; to provide exceptions;".
By striking in its entirety Section 4, beginning on line 4 of Page 8, which reads as follows:
"Section 4. Said chapter is further amended by adding at the end of Code Section 35-8-17, relating to civil actions against certain peace of ficers and law enforcement units, a new subsection, to be designated sub section (d), to read as follows:
'(d) On and after July 1, 1984, the council is authorized to bring a civil action against any law enforcement unit which has a peace officer carrying out law enforcement duties with the aid of a police dog when the peace officer and police dog are not certified as a team pursuant to Code Section 35-8-8.1 to enjoin the law enforcement unit from allowing the police dog to be used for law enforcement functions until the certifi cation requirements of Code Section 35-8-8.1 are satisfied; provided, however, that this subsection shall not apply to the Department of Of fender Rehabilitation.'"
By renumbering Section 5, beginning on line 20 of Page 8, as Section 4.

580

JOURNAL OF THE SENATE

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

Senator Kidd of the 25th offered the following amendment:
Amend SB 14 by adding on Page 8, line 2, between the word "dogs" and the word "used", the following:
"and narcotic detection dogs".

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

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

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

Those voting in the affirmative were Senators:

Barker Barnes Bond
Brannon Brantley Broun of 46th

Bryant Coggin Dawkins Dean Foster Horton

Hudgins Kidd Land Littlefield McGill Scott of 36th

Those voting in the negative were Senators:

Allgood Brown of 47th Burton Cobb Coleman Deal English Engram Fincher Garner Gillis

Greene Harris Hill Hine Holloway Howard Lester McKenzie Peevy Perry Phillips

Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Coverdell Harrison (excused)

Kennedy (presiding)

Summers (deceased)

WEDNESDAY, FEBRUARY 2, 1983

581

On the passage of the bill, the yeas were 19, nays 33.
The bill, having failed to receive the requisite constitutional majority, was lost.
SB 31. By Senator Kidd of the 25th: A bill to amend Code Section 15-9-60 of the Official Code of Georgia Anno tated, relating to costs in the probate courts, so as to change the court costs for certain services; to provide an effective date.
Senator Timmons of the llth offered the following amendment: Amend SB 31 as follows: By striking from line 26 on Page 10 the following: "11.00",
and inserting in lieu thereof where the stricken underlined figure "11.00" appeared the following:
"10.00".

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

The report of the committee, which was favorable to the passage of the bill, 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 Broun of 46th Brown of 47th Bryant Cobb Coggin Coleman Dawkins

Dean English Fincher Foster Garner Gillis Harris Hill Hine Horton Howard Hudgins Kidd

Land Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate

582

JOURNAL OF THE SENATE

Timmons Trulock

Turner Tysinger

Walker

Those voting in the negative were Senators:

Burton Deal

Greene Holloway

Thompson

Those not voting were Senators:

Brantley Coverdell Engram

Harrison (excused) Kennedy (presiding)

Starr Summers (deceased)

On the passage of the bill, the yeas were 44, nays 5.

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

SB 32. By Senator Kidd of the 25th:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Anno tated, relating to minimum salaries for judges of the probate courts.

The Senate Committee on Governmental Operations offered the following substi tute to SB 32:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 9 of Title 15 of the Official Code of Georgia Anno tated, relating to probate courts, so as to change the provisions relating to minimum salaries for judges of the probate courts; to change the provisions relating to supplements to the minimum salaries of the judges of the probate courts; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 15 of the Official Code of Georgia Anno tated, relating to probate courts, is amended by striking in its entirety Code Section 15-9-63, relating to minimum salaries for judges of the probate courts, and inserting in lieu thereof a new Code Section 15-9-63 to read as follows:
15-9-63. Any other laws to the contrary notwithstanding, the mini mum annual salary of each judge of the probate court in this state shall be fixed according to the population of the county in which he serves, as

WEDNESDAY, FEBRUARY 2, 1983

583

determined by the United States decennial census of 1970 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 deter mined according to the United States decennial census of 1970. Each such judge of the probate court shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0-- 5,999 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-- 294,999 295,000 or more

$ 9,085.00 13,535.00 15,567.00 17,700.00 20,493.00 22,356.00 24,355.00 30,992.00 39,500.00
42,500.00"

Section 2. Said chapter is further amended by striking in its entirety Code Section 15-9-64, relating to supplements to the minimum salaries of judges of the probate courts, and inserting in lieu thereof a new Code Sec tion 15-9-64 to read as follows:

"15-9-64. The amount of minimum salary provided in Code Section 15-9-63 for the judges of the probate courts of any county presently on a salary who also hold and conduct elections or are responsible for con ducting elections for members of the General Assembly under any appli cable general or local law of this state shall be increased by $ 150.00 per month. The amount of the minimum salary provided in Code Section 159-63 for the judges of the probate courts on a salary who are responsible for traffic cases under any general or local law of this state shall also be increased by $200.00 per month."

Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Timmons of the 11 th offered the following amendment:
Amend the substitute to SB 32 offered by the Senate Committee on Governmental Operations by adding on line 4 of Page 1 after the following:
"courts;",
the following:

584

JOURNAL OF THE SENATE

"to provide that in certain counties military personnel shall not be counted in determining the population of the county;".
By striking from line 15 of Page 1 the following:
"15-9-63.",
and inserting in lieu thereof the following:
"15-9-63. (a)".
By striking line 15 of Page 2 and inserting in lieu thereof the following:
"300,000 or more ................................. 42,500.00
(b) In any county in this state where persons on active duty in the United States military constitute more than 70 percent of the total popu lation of the county, those military persons shall not be counted in com puting the population of the county for purposes of determining the mini mum salary as provided in subsection (a) of this Code section.'"

On the adoption of the amendment, the yeas were 39, nays 1, and the amendment was adopted.

Senator Coleman of the 1st offered the following amendment: Amend the substitute to SB 32 offered by the Senate Committee on
Governmental Operations by striking on Page 2, line 14, the figure "$39,500.00"
and inserting in lieu thereof the following: "$38,745.00".

On the adoption of the amendment, the yeas were 37, nays 1, and the amendment was adopted.

On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted as amended.

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

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

WEDNESDAY, FEBRUARY 2, 1983

585

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Horton Howard Hudgins Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Holloway

Starr

Thompson

Those not voting were Senators:

Coverdell Harrison (excused)

Kennedy (presiding)

Summers (deceased)

On the passage of the bill, the yeas were 49, nays 3.

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

The President resumed the Chair.

SB 64. By Senators Barnes of the 33rd, Foster of the 50th, Dean of the 31st and others:
A bill to amend Code Section 20-2-156 of the Official Code of Georgia An notated, relating to special education programs generally, so as to provide legislative intent; to authorize the State Board of Education to administer a grant program to local schools.

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

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

586

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Greene Harris Hill Hine Holloway Horton Hudgins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Gillis Harrison (excused)

Howard Littlefield

Scott of 2nd Summers (deceased)

On the passage of the bill, the yeas were 50, nays 0.

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

SB 67. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to provide that no person shall be exempt from jury duty except as the judge may provide; to change the number of peremptory challenges to jurors and alternative jurors which the defendant and the state may exercise; to change the grounds for challenges for cause.

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

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 Bowen

Brannon Brantley Broun of 46th

Burton Cobb Coggin

WEDNESDAY, FEBRUARY 2, 1983

587

Coleman Coverdell Dawkins Deal |?ea" . EEnngglriasmh
Fincher
Foster
Garner
Gillis Greene

Harris Hill Hine Holloway "orto" HHouwdgairnds
Kennedy
Land
tester
McGill McKenzie

Peevy Perry Phillips Starr Stumbaugh rTih,/o,mmpsconn
Timmons
Trulock
Turner
Tysinger Walker

Those voting in the negative were Senators:

Allgood Bond Brown of 47th Bryant

Kidd Littlefield Scott of 2nd

Scott of 36th Scott of 43rd Tate

Not voting were Senators Harrison (excused) and Summers (deceased).

On the passage of the bill, the yeas were 44, nays 10.

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

SB 89. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization, adminis tration, and enforcement of the revenue laws, so as to change the qualifica tions for the office of state revenue commissioner and deputy state revenue commissioner by removing certain restrictions.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Bond Bowen
Brannon

Brantley Broun of 46th Brown of 47th Bryant
Burton

Cobb Coggin Coleman Coverdell
Deal

588

JOURNAL OF THE SENATE

Dean English Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway

Horton Howard Hudgins Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy Perry

Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Dawkins

Harrison (excused) Summers (deceased)

Timmons

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

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

SB 91. By Senator Littlefield of the 6th:
A bill to amend Code Section 45-10-20 of the Official Code of Georgia An notated, relating to unlawful sale of property, goods, or services to the state by state officers and employees, so as to authorize officers and employees under certain conditions to sell to units of the University System of Georgia their services as instructors of evening sports and recreation courses.

Senator Kidd of the 25th offered the following amendment: Amend SB 91 by striking on Page 1, line 20, the following language: "recreation or sports";
and By adding a new paragraph on Page 1, between lines 20 and 21, to
read as follows:

"Any retiree of the state may be authorized under the procedures specified in subsection (a) of this Code section to sell to a unit of the University System of Georgia services as a teacher or instructor of any course or program. Any compensation received for such service shall not reduce those benefits or entitlements being drawn by the retiree under the State Retirement System, nor shall such service entitle said retiree of the state to become a member of the Teachers Retirement System of Georgia."

WEDNESDAY, FEBRUARY 2, 1983

589

On the adoption of the amendment, the yeas were 38, nays 2, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engrain Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins
Kennedy Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Brantley.

Those not voting were Senators:

Barker Harrison (excused)

Stumbaugh Summers (deceased)

Thompson

On the passage of the bill, the yeas were 50, nays 1.

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

SB 61. By Senators Coverdell of the 40th and Thompson of the 32nd:
A bill to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to the prosecution of traffic offenses, so as to provide procedures and requirements relative to changing or modifying

590

JOURNAL OF THE SENATE

judgments rendered pursuant to a conviction, plea of guilty, or plea of nolo contendere.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 61:

A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to the prosecution of traffic offenses, so as to provide procedures and requirements relative to changing or modifying traf fic law sentences or judgments rendered pursuant to a conviction, plea of guilty, or plea of nolo contendere; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to the prosecution of traffic offenses, is amended by adding at the end thereof a new Code Section 40-13-32 to read as follows:
"40-13-32. (a) No court having jurisdiction over cases arising out of the traffic laws of this state or the traffic laws of any county or municipal government shall change or modify a traffic law sentence or judgment rendered pursuant to a conviction, plea of guilty, or plea of nolo con tendere after expiration of the term of court in which the judgment was rendered or, if no term of court is specified, after 90 days from the date of judgment unless there is strict compliance with all of the following requirements:

(1) An appropriate motion for review is made to the court rendering the judgment;

(2) Adequate notice, including a copy of the motion, petition for change, and rule nisi, is given to the commanding officer of the police or law enforcement agency bringing the original charge at least 14 days prior to the hearing; and

(3) A hearing is held with opportunity for the state to be heard. The state shall be represented by a prosecuting attorney or a representative of the police or law enforcement agency bringing the charge.

(b) If the original judgment is changed or modified, the judge shall certify to the Department of Public Safety that such change or modifica tion is a true and correct copy of the change or modification and that the

WEDNESDAY, FEBRUARY 2, 1983

591

requirements set forth in paragraphs (1) through (3) of subsection (a) of this Code section have been met.

(c) The Department of Public Safety shall not recognize as valid any such change or modification order or make any changes to a driver's history unless such change or modification as submitted to the depart ment is in strict compliance with the requirements set forth in subsec tions (a) and (b) of this Code section."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes
Bond Bowen Brannon
B/antley .. . Broun of 46th Brown of 47th
gjg" Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster
Garner Gillis Greene
Harris Hm Hine
Holloway Horton Howard Hudgms Kennedy Kidd Land Lester

Littlefield McGill McKenzie
Peevy Perry Phillips
Scott of 2nd Scott of 36th Scott rf 43fd
Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Bryant.

592

JOURNAL OF THE SENATE

Those not voting were Senators:

Harrison (excused)

Summers (deceased)

Thompson

On the passage of the bill, the yeas were 52, nays 1.

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

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

At 12:24 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

THURSDAY, FEBRUARY 3, 1983

593

Senate Chamber, Atlanta, Georgia Thursday, February 3, 1983 Sixteenth Legislative Day

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

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

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

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

Mr. President:

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

HB 68. By Representative Coleman of the 118th:
A bill to amend Code Section 16-11-131 of the Official Code of Georgia Annotated, relating to the unlawful possession of firearms by convicted felons, so as to change the definition of the term "felony".

HB 130. By Representatives Walker of the 115th, Evans of the 84th, Smyre of the 92nd and Jackson of the 9th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide procedures and sanctions for violations of the offense of driving under the influence of alcohol or drugs.

HB 140. By Representatives Walker of the 115th, Evans of the 84th and Smyre of the 92nd:
A bill to amend Code Section 10-1-395 of the Official Code of Georgia An notated, relating to the Consumer Advisory Board, so as to provide for new members of the board.

HB 255. By Representative Triplet! of the 128th:
A bill to amend Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the Georgia Highway Authority, so as to authorize

594

JOURNAL OF THE SENATE

the Department of Transportation to provide maintenance and operational assistance to the State Tollway Authority.

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

SB 188. By Senator Kidd of the 25th:
A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to change the provisions relating to the refusal and revocation of licenses.
Referred to Committee on Human Resources.

SB 189. By Senator Timmons of the llth:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, so as to provide that, for purposes of determining the minimum annual salary of the clerk of supe rior court in any county in which more than 50 percent of the population of the county resides on certain property of the United States government, the population shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government; to provide an effective date.
Referred to Committee on Governmental Operations.

SB 190. By Senator Howard of the 42nd:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related insti tutions, so as to provide for emergency orders to relocate institutional pa tients or residents, to place monitors in institutions, and to prohibit admis sions to institutions.
Referred to Committee on Human Resources.

SB 191. By Senator Hudgins of the 15th:
A bill to amend 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, so as to change the definition of the term "law enforcement officer".
Referred to Committee on Public Safety.

SB 192. By Senator Hudgins of the 15th:
A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Anno tated, relating to chiropractors, so as to change the provisions relating to the scope of practice of chiropractors; to provide an effective date.
Referred to Committee on Human Resources.

THURSDAY, FEBRUARY 3, 1983

595

SB 193. By Senators Perry of the 7th and Cobb of the 28th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia An notated, relating to forfeitures, so as to provide that money and currency which is forfeited or which is realized from the sale or disposition of for feited property shall be expended or used to defray the cost of complex in vestigations, to purchase equipment; to provide technical assistance or exper tise; to provide matching funds to obtain federal grants.
Referred to Committee on Federal, State and Community Affairs (General).

SB 194. By Senators Perry of the 7th and Cobb of the 28th:
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 the drug methaqualone.
Referred to Committee on Public Safety.

SB 195. By Senator Land of the 16th:
A bill to amend Code Section 21-1-1 of the Official Code of Georgia Anno tated, relating to the placement of campaign material, so as to remove the restriction against placing certain campaign material on property zoned for particular uses.
Referred to Committee on Governmental Operations.

SR 77. By Senators Walker of the 19th, Cobb of the 28th, Tysinger of the 51st and others:
A resolution creating a Workers' Compensation Task Force. Referred to Committee on Industry and Labor.

SR 78. By Senators Garner of the 30th and Barnes of the 33rd:
A resolution creating the Citizens Task Force to Study the Office of the Lieutenant Governor.
Referred to Committee on Governmental Operations.

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

HB 68. By Representative Coleman of the 118th:
A bill to amend Code Section 16-11-131 of the Official Code of Georgia Annotated, relating to the unlawful possession of firearms by convicted felons, so as to change the definition of the term "felony".
Referred to Committee on Judiciary and Constitutional Law.

596

JOURNAL OF THE SENATE

HB 130. By Representatives Walker of the 115th, Evans of the 84th, Smyre of the 92nd and Jackson of the 9th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide procedures and sanctions for violations of the offense of driving under the influence of alcohol or drugs.
Referred to Committee on Judiciary and Constitutional Law.

HB 140. By Representatives Walker of the 115th, Evans of the 84th and Smyre of the 92nd:
A bill to amend Code Section 10-1-395 of the Official Code of Georgia An notated, relating to the Consumer Advisory Board, so as to provide for new members of the board.
Referred to Committee on Governmental Operations.

HB 255. By Representative Triplett of the 128th:
A bill to amend Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the Georgia Highway Authority, so as to authorize the Department of Transportation to provide maintenance and operational assistance to the State Tollway Authority.
Referred to Committee on Transportation.

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

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation 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 168. HB 257. HB 301.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Higher Education has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 157. Do pass.

THURSDAY, FEBRUARY 3, 1983

597

HB 159. Do pass.

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

Mr. President:

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

SR 24. Do pass. SR 41. Do pass. SB 98. Do pass by substitute.

SB 102. Do pass as amended. SB 150. Do pass by substitute.

Respectfully submitted,

Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 146. Do pass. Respectfully submitted, Senator Walker of the 19th District, Chairman
Mr. President:
The Committee on Insurance has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 5. Do pass as amended. Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the

598

JOURNAL OF THE SENATE

Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 156. Do pass as amended.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 78. Do pass by substitute.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 53. Do pass by substitute.
Respectfully submitted,
Senator Holloway of the 12th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following reso lution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 42. Do pass.
Respectfully submitted,
Senator Holloway of the 12th District, Chairman

THURSDAY, FEBRUARY 3, 1983

599

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

SB 7. By Senators Thompson of the 32nd and Lester of the 23rd:
A bill to amend Code Section 33-34-3 of the Official Code of Georgia Anno tated, relating to general requirements regarding motor vehicle accident in surance policies, so as to prohibit certain actions regarding such policies based upon the insured's mere involvement in a motor vehicle accident.

SB 41. By Senators Kennedy of the 4th and Garner of the 30th:
A bill to amend Chapter 10 of Title 42 of the Official Code of Georgia Annotated, relating to correctional industries, so as to prohibit the adminis tration from compensating inmates employed in correctional industries.

SB 42. By Senator Timmons of the 11th:
A bill to amend Code Section 47-2-310 of the Official Code of Georgia An notated, relating to the coverage of Georgia Federal-State Shipping Point Inspection Service employees under the Employees' Retirement System of Georgia, so as to change the provisions relating to credit for previous service.

SB 66. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Code Section 42-5-50 of the Official Code of Georgia Anno tated, relating to the notifications and conditions of detention generally, so as to provide that persons convicted of crimes whose confinement shall be served in institutions under the control of the Department of Offender Reha bilitation shall not remain in confinement in local prison facilities while their conviction is on appeal.

SB 73. By Senator Kidd of the 25th:
A bill to amend Article 5 of Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits, disability benefits, spouses benefits, etc., so as to change the provisions relating to retirement benefits for clerks of the superior court and their spouses who are receiving benefits under this article or who may become eligible for benefits in the future.

SB 88. By Senators Barnes of the 33rd, Greene of the 26th, Dawkins of the 45th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to torts in general, so as to provide for liability for damages caused by intoxication of persons to whom a person engaged in the business of selling alcoholic beverages for consumption on the premises has sold or furnished alcoholic beverages.

600

JOURNAL OF THE SENATE

SB 110. By Senators Brown of the 47th, Kidd of the 25th and Hill of the 29th:
A bill to amend Code Section 47-6-80 of the Official Code of Georgia Anno tated, relating to eligibility and application for retirement benefits under the Georgia Legislative Retirement System, so as to change the monthly service retirement allowance.

SB 113. By Senator Deal of the 49th:
A bill to amend Code Section 16-10-6 of the Official Code of Georgia Anno tated, relating to unlawful acts relative to the sale of personal property to the state or any political subdivision by certain persons, and to amend Code Section 45-10-20 of the Official Code of Georgia Annotated, relating to the prohibition against certain persons from engaging in certain business trans actions with the state.

SB 133. By Senator Scott of the 36th:
A bill to amend an Act fixing the compensation of the board of commission ers 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 relating to the method by which compensation is changed within the limitations specified by said Act.

SB 135. By Senators Kennedy of the 4th, McGill of the 24th, Walker of the 19th and others:
A bill to amend Code Section 42-5-100 of the Official Code of Georgia An notated, relating to the promulgation of rules and regulations governing earned-time allowances, so as to provide for intent.

SB 136. By Senators McGill of the 24th, Walker of the 19th, Kennedy of the 4th and others:
A bill to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to milk and milk products, so as to authorize the Commissioner of Agriculture by rule or regulation to adopt future changes in and supplements to the "Grade A Pasteurized Milk Ordinance" as a part of the standards and requirements for this state.

SB 137. By Senators McGill of the 24th, Walker of the 19th, Kennedy of the 4th and others:
A bill to amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, relating to the business of structural pest control, so as to pro vide that the Commissioner of Agriculture shall serve as a secretary of the State Structural Pest Control Commission.

SB 140. By Senator Coggin of the 35th:
A bill to authorize the governing authority of Fulton County to adopt ordi nances and regulations for the governing of the policing of the unincorpo-

THURSDAY, FEBRUARY 3, 1983

601

rated areas of said county, in accordance with the provisions of the Consti tution of this state and to provide penalties for the violation of such ordinances and to designate the court or courts which shall have jurisdiction in Fulton County over such offenses.

SB 148. By Senator Howard of the 42nd:
A bill to amend Code Section 42-8-72 of the Official Code of Georgia Anno tated, relating to community service as a condition of probation for certain offenders, so as to remove certain limitations on court orders of community service as a condition of probation.

SB 155. By Senator Coggin of the 35th:
A bill to amend an Act creating the State Court of Fulton County, as amended, so as to authorize the county to pay a publication subsidy to cer tain newspapers for printing the court calendar.

SR 45. By Senators Tate of the 38th, Harrison of the 37th, Gillis of the 20th and others:
A resolution proposing an amendment to the Constitution so as to provide that members of the General Assembly shall be elected for a term of four years; to provide for submission of this amendment for ratification or rejection.

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

SB 160. By Senator Kidd of the 25th:
A bill to amend an Act abolishing the present mode of compensating the judge of the Probate Court of Jones County, known as the fee system, and providing in lieu thereof an annual salary, as amended, so as to change the compensation provisions relating to 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.

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

Allgood Barker

Barnes Bond

Bowen Brannon

602

JOURNAL OF THE SENATE

Brantley Brown of 47th Bryant Burton Cobb Coleman Dawkins Dean English Engram Fincher Foster

Garner Gillis Greene Harris Hill Holloway Horton Kennedy Kidd Land Lester McGill

McKenzie Peevy Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Thompson Trulock Turner Walker

Those not answering were Senators:

Broun of 46th Cgg' n Coverdell Deal Harrison (excused)

Hine Howard Hudgms Littlefield Perry

Stumbaugh Summers (deceased)
Timmons Tysinger

Senator Burton of the 5th introduced the chaplain of the day, Dr. Thomas L. Are, pastor of Shallowford Presbyterian Church, Atlanta, Georgia, who offered scripture reading and prayer.

Senator Tysinger of the 41st introduced the Georgia Teacher of the Year, James T. McRaney.

The following resolution of the Senate was read and adopted:

SR 80. By Senators Scott of the 36th, Bond of the 39th, Scott of the 2nd and Tate of the 38th:
A resolution commending and honoring Mr. Ozell Sutton and the Alpha Phi Alpha Fraternity.

SENATE CALENDAR
Thursday, February 3, 1983
SIXTEENTH LEGISLATIVE DAY
SB 69 Criminal Case--change grounds for new trial (AMENDMENT) (J&CL--33rd)
SB 70 Criminal, Traffic Fines--additional for training policemen (SUBSTI TUTE) (J&CL--33rd)
SB 147 Public Works Contracts by State--preferential treatment of domestic steel (SUBSTITUTE/AMENDMENT) (J&CL--19th)

THURSDAY, FEBRUARY 3, 1983

603

HB 136
SB 21
SB 76 SB 85
SB 106
SB 112
SB 130
SB 151 SB 153 HB 7
HB 51 HB 109

Criminal Extraditions--certain documents issued under executive seal (J&CL--26th)
Superior Court Clerk--change provisions on storage of records (J&CL--28th)
Child Custody--child's right to select parent at 12 (J&CL--51st)
Corporations--may be sued for torts, injuries in county originating (J&CL--33rd)
Hunting Accident--person injuring liable (SUBSTITUTE) (J&CL--llth)
School Property--county boards of education may acquire, sell (Ed--49th)
Property Insurance--change provisions (AMENDMENT) (Ins--25th)
Telegraph Service--define certain terms (Pub U--47th)
Prosecution--circumstances for termination (Judy--35th)
Aggravated Assault--not bailable only before a superior court judge (Judy--49th)
Dispossessory Proceedings--payment of rent into court (Judy--49th)
Resource Recovery Development Authority Law--renewable energy resources (FS&CA-G--14th)

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

SB 69. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Chapter 5 of Title 5 of the Official Code of Georgia Anno tated, relating to new trials, so as to change the grounds for new trials in criminal cases.

The Senate Committee on Judiciary and Constitutional Law offered the following amendment:
Amend SB 69 by striking from line 34 of Page 2 the following symbol:

By adding after line 34 of Page 2 the following:
"(h) A motion for new trial shall not be a condition precedent to appeal in civil cases.' "
By striking line 31 through line 34 of Page 4 and line 1 and line 2 of Page 5 and inserting in lieu thereof the following:
"(c) All amendments to a motion for new trial shall be filed at least five days prior to the date set for hearing."

604

JOURNAL OF THE SENATE

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

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brannon Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Dawkins Deal Dean English Engram

Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Kennedy Kidd Land Lester McGill McKenzie

Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Brantley.

Those not voting were Senators:

Bowen Bryant Coverdell

Fincher Harrison (excused) Hudgins

Littlefield Summers (deceased)

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

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

SB 70. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the payment and disposition of fines and forfeitures, so as to provide for additional penalty assessments for offenses against the criminal and traffic laws of this state and political subdivisions thereof.

THURSDAY, FEBRUARY 3, 1983

605

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 70:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 21 of Title 15 of the Official Code of Georgia Anno tated, relating to the payment and disposition of fines and forfeitures, so as to provide for additional penalty assessments for offenses against the crimi nal and traffic laws of this state and political subdivisions thereof; to provide that such additional assessments shall be used for the training of peace of ficers and prosecuting officials; to provide for the authority for said addi tional penalty assessments; to provide for the collection and distribution of said penalty assessments; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 21 of Title 15 of the Official Code of Georgia Anno tated, relating to the payment and disposition of fines and forfeitures, is amended by adding at the end thereof a new Article 4 to read as follows:
"ARTICLE 4
15-21-70. This article shall be known as and may be cited as the 'Peace Officer and Prosecutor Training Fund Act of 1983.'
15-21-71. This article is enacted pursuant to Article III, Section IX, Paragraph VI, subparagraph (d) of the Constitution of Georgia, which provision authorizes additional penalty assessments in criminal and traffic cases and provides that the proceeds derived therefrom may be used for the purpose of providing training to law enforcement officers and prose cuting officials.
15-21-72. It is the intent of this article to provide funding for the training of law enforcement and prosecutorial officers.
15-21-73. (a) (1) In every case in which any state court; probate court; municipal court, whether known as mayor's, recorders, or police court; or superior court in this state shall impose a fine, which shall be construed to include costs, for any offense against a criminal or traffic law of this state or political subdivision thereof, there shall be imposed as an additional penalty a sum equal to 10 percent of the original fine.
(2) At the time of posting bail or bond in any case involving a viola tion of a criminal or traffic law of this state or political subdivision thereof, an additional sum equal to 10 percent of the original amount of bail or bond shall be posted. In every case in which any state court; pro bate court; municipal court, whether known as mayor's, recorder's, or police court; or superior court shall order the forfeiture of bail or bond, the additional sum equal to 10 percent of the original bail or bond shall be paid over as provided in Code Section 15-21-74.
(b) Such sums shall be in addition to that amount required by Code

606

JOURNAL OF THE SENATE

Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund.
15-21-74. The sums provided for in Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of col lecting moneys arising from fines and forfeited bonds and shall be paid over to the director of the Fiscal Division of the Department of Adminis trative Services on the first day of each month thereafter, to be deposited by him into the general treasury. It is made the duty of the person or authority collecting the said moneys to keep accurate records of the amounts due so that the same may be audited or inspected at any time by the Department of Administrative Services, the Georgia Peace Officer Standards and Training Council, or the Prosecuting Attorneys' Council of Georgia, at their direction. The director of the Fiscal Division of the Department of Administrative Services shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this article and shall submit such report and accounting to the Georgia Peace Officer Standards and Training Council, the Prosecuting Attorneys' Council of Georgia, the Office of Planning and Budget, and the Legislative Budget Office no later than 30 days after the last day of the preceding quarter.
15-21-75. When any such person, agency, or unit of government whose duty it is to collect and pay over such moneys to the Department of Administrative Services in accordance with this article shall fail to pay over such moneys within 60 days of the date they are required to be paid over, the same shall be delinquent and there shall be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount.
15-21-76. Any person whose duty it is to collect and remit the sum provided for in this article who fails or refuses to so remit shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.
15-21-77. An amount equal to all funds remitted as provided in Code Section 15-21-74 in the immediately preceding year shall be appro priated to fund law enforcement or prosecutorial officers' training, or both, and activities incident thereto. This Code section shall not preclude the appropriation of a greater amount for this purpose. All funds appro priated shall be based upon anticipated expenditures and disbursements as reflected in the preparation and submission of a budget by the various departments, boards, and agencies whose functions include law enforce ment or prosecutorial officers' training, in accordance with law."
Section 2. 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.

THURSDAY, FEBRUARY 3, 1983

607

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes
Bond
Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins
Deal

Dean English Engram Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Kidd Land tester

Littlefield
McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Kennedy

McKenzie

Timmons

Those not voting were Senators:

Coverdell Fincher

Harrison (excused) Hudgins

Summers (deceased)

On the passage of the bill, the yeas were 48, nays 3.

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

SB 147. By Senators Walker of the 19th, Cobb of the 28th, English of the 21st and others:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to authority and procedure for state purchasing, so as to provide for preferential treatment of domestic steel products in the awarding of public works contracts by the state and its boards, departments, institutions, and political subdivisions.

608

JOURNAL OF THE SENATE

The Senate Committee on Industry and Labor offered the following substitute to SB 147:

A BILL TO BE ENTITLED AN ACT
To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to authority and procedure for state purchasing, so as to provide for preferential treatment of domestic steel products in the awarding of public works contracts by the state and its boards, departments, institutions, and political subdivisions; to define certain terms; to provide exceptions; to require compliance by contractors and pro vide for enforcement; to provide for a termination date; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to authority and procedure for state purchasing, is amended by adding following Code Section 50-5-81 a new Code section, to be designated Code Section 50-5-82, to read as follows:
"50-5-82. (a) As used in this Code section, the term:
(1) 'Domestic steel products' means steel products melted and processed in the United States.
(2) 'Governmental agency' means the state or any board, depart ment, institution, agency, or other political subdivision of the state.
(3) 'Public works' includes roads, highways, streets, bridges, side walks, sewage systems, buildings, engineering and architectural works, and any other structure, facility, or improvement constructed or under taken by a governmental agency.
(4) 'Steel products' means materials rolled, formed, cut, shaped, pressed, drawn, extruded, forged, cast, fabricated, or otherwise similarly processed from steel.
(b) (1) Every governmental agency shall require that every contract and subcontract for the construction, reconstruction, alteration, repair, improvement, or maintenance of any public works contain a provision that, if any steel products are to be supplied in the performance of the contract or subcontract, only domestic steel products shall be supplied unless the governmental agency determines, after the receipt of offers or bids, that the cost of domestic steel products is unreasonable or that do mestic steel products are not produced in sufficient quantities to meet the contract requirements. This Code section shall not apply to any public works contract awarded in an amount of less than $50,000.00.
(2) The offered or bid price of domestic steel products is not unrea sonable unless it is more than 40 percent higher than the offered or bid price of foreign made steel products.

THURSDAY, FEBRUARY 3, 1983

609

(c) A governmental agency may not authorize or make any pay ments to a contractor under a contract which contains or should contain the provision required by this Code section unless the contractor has fully complied with such provision. Prior to payment, the governmental agency shall require sworn certificates of compliance from all contractors, sub contractors, and suppliers whose work involved the supplying of domestic steel products. Payments made by a governmental agency to any contrac tor not complying with this Code section may be recovered by the agency.
(d) In any contract under this Code section which is eligible to be funded in whole or in part by an agency of the government of the United States in which a condition of eligibility for such funding is compliance with a 'Buy America' requirement imposed by an act of the United States Congress, then such compliance with such federal requirements shall be deemed to be in compliance with this Code section.
(e) This Code section shall be repealed effective December 31, 1988."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Walker of the 19th offered the following amendment:
Amend the substitute to SB 147 offered by the Senate Committee on Industry and Labor as follows:
(1) By deleting lines 7 through 25 on Page 2 in their entirety and substituting in lieu thereof the following:
"(b) (1) Every governmental agency, for every contract and subcon tract for the construction, reconstruction, alteration, repair, improve ment, or maintenance of any public works in which any steel products are to be supplied in the performance of the contract or subcontract shall, at its option, either: (i) require that only domestic steel products shall be supplied; or (ii) allow the use of non-domestic steel only upon the agency's determination, after the receipt of offers or bids, that the cost of domestic steel products is unreasonable, or that domestic steel products are not produced in sufficient quantities to meet the contract require ments or to provide a competitive bidding environment. This Code sec tion shall not apply to any public works contract awarded in an amount of less than $50,000.00.
(2) The offered or bid price of domestic steel products is not unrea sonable unless it is more than 40 percent higher than the offered or bid price of foreign made steel products.
(3) The agency shall be the judge as to whether domestic supply is adequate to insure a competitive bidding environment."

610

JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 39, nays 2, and the amendment was adopted.

Senator Mine of the 52nd offered the following amendment:
Amend the substitute to SB 147 offered by the Senate Committee on Industry and Labor by adding after the word "means" on Page 1, line 20, the following:
"iron and"
and by adding after the word "steel" on Page 2, line 6, the following:
"or iron".

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill 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 Broun of 46th Bryant Burton Cobb Coggin Dawkins Deal Dean English Engram

Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Hudgins Kennedy Kidd Lester Littlefield McGill

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Tysinger Walker

THURSDAY, FEBRUARY 3, 1983

611

Those voting in the negative were Senators:

Brantley

Coleman

Stumbaugh

Those not voting were Senators:

Brown of 47th Coverdell Fincher

Harrison (excused) Howard

Land Summers (deceased)

On the passage of the bill, the yeas were 46, nays 3.

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

Senator Brantley of the 56th introduced the doctor of the day, Dr. Peter Payne, of Atlanta, Georgia.

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

HB 136. By Representatives Walker of the 115th, Smyre of the 92nd and Evans of the 84th: A bill to amend Chapter 13 of Title 17 of the Official Code of Georgia Annotated, relating to criminal extraditions, so as to provide that certain documents shall be issued under the authority of the executive seal.
Senate Sponsor: Senator Greene of the 26th.
Senator Dean of the 31st offered the following amendment:
Amend HB 136, by striking lines 9 and 10 of Page 4, and inserting in lieu thereof the following:
"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."
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

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

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

612

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Bryant Burton Cobb Coggin Coleman Dawkins Deal Dean English

Engram Foster Garner Gillis Greene Harris Hine Holloway Horton Hudgins Kennedy Kidd Land Lester Littlefield McGill

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Brown of 47th Coverdell

Fincher Harrison (excused) Hill

Howard Summers (deceased)

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

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

SB 21. By Senators Cobb of the 28th and Hill of the 29th:
A bill to amend Code Section 15-6-86, relating to the location of the office and storage of records 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen

Brannon Brantley Broun of 46th Bryant Burton

Cobb Coleman Dawkins Deal Dean

THURSDAY, FEBRUARY 3, 1983

613

English Engram Foster Garner Gillis Greene Harris Hine Holloway Horton

Hudgins Kennedy Kidd Lester Littlefield McGill McKenzie Peevy Perry Phillips

Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Trulock Turner Tysinger Walker

Those not voting. were^.Senators:

Brown of 47th Coggin Coverdell Fincher

Harrison (excused) Hill Howard Land

Summers (deceased) Tate Timmons

On the passage of the bill, the yeas were 45, nays 0.

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

SB 76. By Senator Brannon of the 51st:
A bill to amend Code Section 19-9-1 of the Official Code of Georgia Anno tated, relating to custody of children and the right of children to select cus todial parent, so as to change the age at which a child shall have the right to select the parent with whom he desires to live.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Bowen Brannon Brown of 47th Cobb Dawkins Dean English Fincher

Garner Gillis Harris Hill Hine Holloway Horton Kennedy Kidd Land

Lester Littlefield Peevy Perry Tate Thompson Timmons Trulock Tysinger Walker

614

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Barnes Bond Brantley Broun of 46th Bryant Burton Coggin Coleman

Deal Engram Foster Greene Howard Hudgins McGill McKenzie

Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Turner

Those not voting were Senators:

Coverdell

Harrison (excused)

Summers (deceased)

On the passage of the bill, the yeas were 30, nays 23.

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

Senator Brannon of the 51st moved that SB 76 be immediately transmitted to the House.

On the motion, the yeas were 33, nays 2; the motion prevailed, and SB 76 was immediately transmitted to the House.

SB 85. By Senator Barnes of the 33rd:
A bill to amend Code Section 14-2-63 of the Official Code of Georgia Anno tated, relating to venue in actions against corporations, so as to provide that corporations may be sued for torts, wrongs, and injuries in the county where the cause of action originated.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond

Bowen Brantley Broun of 46th Brown of 47th

Bryant Burton Coggin Coleman

Dawkins Dean English Engram Fincher Gillis Greene Hill Holloway Horton Howard

THURSDAY, FEBRUARY 3, 1983

615

Hudgins Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy Perry Phillips

Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Brannon

Foster

Mine

Cobb

Harris

Tate

Deal

Those not voting were Senators:

Coverdell Garner

Harrison (excused) Summers (deceased)

Trulock

On the passage of the bill, the yeas were 44, nays 7.

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

SB 106. By Senator Timmons of the llth:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions regarding torts, so as to provide that any person engaged in the act of hunting who injures or kills any other person shall be liable for such injury or death.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 106:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 2 of Title 27 of the Official Code of Georgia Anno tated, relating to hunting license or permit denial, so as to establish legisla tive intent and provide administrative penalties for persons who negligently injure or kill another person or persons while engaged in hunting; to define criminal activity and penalties thereof relative to the foregoing; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide that any person engaged

616

JOURNAL OF THE SENATE

in the act of hunting who injures or kills any other person shall be liable for such injury or death and to provide for definitions relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 27 of the Official Code of Georgia Anno tated, relating to hunting license or permit denial, is amended by inserting after Code Section 27-2-25 a new Code Section 27-2-25.1 to read as follows:
"27-2-25.1. (a) The General Assembly has heretofore found and de clared that hunting is a privilege to be exercised only in accordance with the law granting such privilege. The General Assembly now specifically finds and declares that while the act of hunting is an enjoyable and bene ficial form of recreation, it can be dangerous not only to the hunter him self but also to other persons if due care is not exercised. Therefore, the General Assembly declares that all persons who refuse or fail to exercise such due care shall have their hunting license suspended as provided in this Code section.
(b) Any person engaged in the act of hunting who by the use of a weapon kills or injures another person or persons, whether or not such other person or persons is likewise engaged in the act of hunting, shall notify the department immediately after such occurrence. Any person who fails to so notify the department shall be guilty of a misdemeanor.
(c) Upon notification of such a death or injury, whether by the hunter or by some other person, the department shall immediately initi ate an investigation of such incident and submit a report to the commis sioner. If the commissioner determines probable negligence on the part of the person causing the death or injury he shall initiate an administrative hearing before an administrative law judge appointed by the board for a determination as to the issue of negligence and the extent of injury.
(d) Upon the issuance of the notice of hearing, the administrative law judge shall also issue an order suspending such person's hunting li cense until the final decision of the board. Upon receipt of such order such person shall immediately surrender his or her hunting license to the department. If, following the administrative hearing, there is a determi nation that such person was negligent and that such negligence was the proximate cause of the death or injury, the hunting license of such person may be suspended for a period of up to ten years and the negligent hunter shall be ordered to take a course of instruction in competency and safety in hunting and in the handling of weapons provided for in Code Section 27-2-5. The period of time that such license is suspended shall be commensurate with the degree of negligence and the severity of the in jury. The provisions of Code Section 27-2-27 shall not be applicable to a suspension under this Code section.
(e) Any person whose hunting license or permit has been suspended under this Code section and who engages in the act of hunting during such period of suspension shall be guilty of a misdemeanor of a high and aggravated nature and shall be punishable by a fine of not more than $5,000.00 or by imprisonment for not more than 12 months, or both.

THURSDAY, FEBRUARY 3, 1983

617

(0 As used in this Code section, the term:
(1) 'License' means any and all licenses, permits, or stamps as re quired by law for hunting in this state.
(2) 'Suspend' means the suspension or revocation of any existing li cense or permit and the suspension or revocation of the privilege of ob taining any new license or permit.

(g) The initial hearing, any administrative review by the administra tive review committee of the board, and any judicial review shall be con ducted in accordance with Chapter 13 of Title 50 and applicable rules and regulations of the board.
(h) The proceedings provided for by this Code section shall be in addition to and not in lieu of any civil or criminal actions or actions provided for by law and the final decision of this proceeding shall not constitute res judicata as to any such civil or criminal action or actions and shall not be admissible as evidence in any such civil or criminal ac tion or actions."
Section 2. Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions regarding torts, is amended by adding a new Code section immediately following Code Section 51-1-36, to be desig nated Code Section 51-1-37, to read as follows:
"51-1-37. (a) As used in this Code section, the term 'hunting' means hunting as defined in Chapter 1 of Title 27, known as the 'Game and Fish Code.'
(b) Any person engaged in the act of hunting who injures or kills any other person, whether or not such other person is likewise engaged in the act of hunting, shall be liable for such injury or death.
(c) The remedy provided by this Code section shall be in addition to any other remedy provided by law."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 29, nays 1, and the substitute was adopted.

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

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

618

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Dawkins Deal

Dean English Fincher Foster Gillis Greene Harris Hill Horton Howard Hudgins Kidd Land Lester

McGill Peevy Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Tysinger Walker

Those voting in the negative were Senators:

Bryant Hine Holloway

Kennedy McKenzie

Perry Turner

Those not voting were Senators:

Brannon Coverdell Engram

Garner Harrison (excused)

Littlefield Summers (deceased)

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

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

SB 112. By Senators Deal of the 49th, Peevy of the 48th and Foster of the 50th:
A bill to amend Code Section 20-2-520 of the Official Code of Georgia An notated, relating to school property and facilities, so as to authorize county boards of education and area boards of education to acquire, improve, and sell real or personal property in connection with the vocational educational curricula or program of such board; to provide an effective date.

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

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

THURSDAY, FEBRUARY 3, 1983

619

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal

Dean English Engram Fincher Foster Gillis Greene Harris Hill Hine Holloway Horton Howard Kennedy Kidd Land

Lester Littlefield McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coverdell Garner Harrison (excused)

Hudgins McKenzie Stumbaugh

Summers (deceased) Timmons

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

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

SB 130. By Senator Kidd of the 25th:
A bill to amend Chapter 7 of Title 33 of the Official Code of Georgia Anno tated, relating to kinds of insurance, limits of risks, and reinsurance, so as to change the provisions relating to property insurance.

The Senate Committee on Insurance offered the following amendment: Amend SB 130 by striking from subsection (c) on Page 3, line 27 the
following: "paragraphs (1) and (2)",
and inserting in lieu thereof the following: "paragraphs (1), (2), and (3)".

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

620

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, 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 Burton Cobb Coggin Coleman Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Harris Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coverdell Greene

Harrison (excused) Summers (deceased)

Timmons

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

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

SB 151. By Senator Brown of the 47th:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Anno tated, relating to telegraph service, so as to define certain terms; to provide that a percentage of incorporators be residents of Georgia.

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

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

THURSDAY, FEBRUARY 3, 1983

621

Those voting in the affirmative were Senators:

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

Engram Fincher Foster Garner Gillis Harris Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land Lester Littlefield

McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Coggin Coverdell

Greene Harrison (excused)

McKenzie Summers (deceased)

On the passage of the bill, the yeas were 50, nays 0.

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

SB 153. By Senator Coggin of the 35th:
A bill to amend Code Section 16-1-8 of the Official Code of Georgia Anno tated, relating to when a prosecution is barred by a former prosecution for the same crime, so as to provide that termination is not improper when the trial court finds that the termination is necessary because prejudicial con duct in or out of the courtroom makes it impossible to proceed with the trial without injustice to the defendant or the state.

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

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

Those voting in the affirmative were Senators:

Allgood Barker

Barnes Bond

Bowen Brantley

622

JOURNAL OF THE SENATE

Broun of 46th Bryant Burton Cobb Coggin Coleman Dawkins Deal English Engram Fincher Foster Garner Gillis

Greene Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land Lester McGill McKenzie Peevy

Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson
Timmons
Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Brown of 47th Coverdell

Dean Harris Harrison (excused)

Littlefield Summers (deceased)

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

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

HB 7. By Representative Bolster of the 30th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to procedures for procuring bail in certain criminal cases, so as to delete aggravated assault as an offense bailable only before a judge of superior court.
Senate Sponsor: Senator Deal of the 49th.

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

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

Those voting in the affirmative were Senators:

Allgood
Barker Barnes Bond Bowen Brantley

Broun of 46th Brown of 47th Bryant Burton Cobb Coggin

Coleman Dawkins Deal Dean English Engram

THURSDAY, FEBRUARY 3, 1983

623

Fincher Foster Garner
Hine Holloway Howard Hudgins

Kennedy Kidd
Land tester McGill McKenzie Peevy
Perry Phillips Scott of 2nd

Scott of 36th Scott of 43rd
Stumbaugh Tate Thompson Timmons Trulock
Turner Tysinger Walker

Voting in the negative was Senator Horton.

Those not voting were Senators:

Brannon Coverdell

Harrison (excused) Littlefield

Starr Summers (deceased)

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

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

HB 51. By Representative Lane of the 27th:
A bill to amend Code Section 44-7-54 of the Official Code of Georgia Anno tated, relating to payment of rent into the court under dispossessory pro ceedings, so as to change the provisions relating to the time at which the tenant must begin making payments into the court.
Senate Sponsor: Senator Deal of the 49th.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Broun of 46th Brown of 47th Bryant

Burton Cobb Coggin Coleman Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Hill

624

JOURNAL OF THE SENATE

Mine Holloway Horton " oward
Kedy Kjdd Land Lester

McGill McKenzie Peevy Perry
Scott of 2nd Scott of 36th Scott of 43rd

Starr Stumbaugh Tate Timmons
Turner Tysinger Walker

Those not voting were Senators:

Brannon Brantley Coverdell

Harrison (excused) Littlefield

Summers (deceased) Thompson

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

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

HB 109. By Representatives Johnson of the 70th, Bolster of the 30th and Alford of the 57th:
A bill to amend Chapter 63 of Title 36 of the Official Code of Georgia Annotated, the "Resource Recovery Development Authorities Law," so as to change the purpose and definitions so as to provide for applicability to certain renewable energy resources.
Senate Sponsor: Senator McKenzie of the 14th.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant

Burton Cobb Coggin Coleman Dawkins Deal Dean English Engram Fincher

Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard

THURSDAY, FEBRUARY 3, 1983

625

Kennedy Kidd Land tester Littlefield McGill McKenzie Peevy

Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh

Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Coverdell Harrison (excused)

Hudgins

Summers (deceased)

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

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

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

At 12:15 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

626

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, February 4, 1983
Seventeenth Legislative Day

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

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

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

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

Mr. President:

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

HB 322. By Representatives Richardson of the 52nd, Williams of the 48th, Redding of the 50th and others:
A bill to amend an Act creating and establishing a new charter and munici pal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, State of Georgia, so as to change the corporate limits of the City of Decatur, Georgia.

HB 333. By Representatives Hasty and Anderson of the 8th:
A bill to provide a new charter for the City of Jasper in the County of Pickens; to provide for the incorporation and power of said city.

HB 341. By Representative Carter of the 146th:
A bill to amend an Act creating a charter for the City of Adel, so as to provide for election districts.

HB 344. By Representatives Triplett of the 128th, Phillips of the 125th, Alien of the 127th and others:
A bill to amend an Act creating a new Charter for the Town of Pooler, so as to increase the membership of the Aldermanic Board.

FRIDAY, FEBRUARY 4, 1983

627

HB 345. By Representatives Triplett of the 128th, Phillips of the 125th, Alien of the 127th and others:
A bill to amend an Act establishing a new charter for the municipality of Garden City, so as to extend the present corporate limits of said municipality.

HB 351. By Representatives Benefield, Bailey and Holcomb of the 72nd and others:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to reapportion the commissioner districts.

HB 352. By Representative McDonald of the 12th:
A bill to amend an Act incorporating the City of Commerce, so as to pro vide for the administration of departments, offices, and agencies; to provide for a city manager.

HB 8. By Representatives Patten of the 149th and Hanner of the 131st:
A bill to amend Article 2 of Chapter 11 of Title 17 of the Official Code of Georgia Annotated, relating to the reimbursement for capital felony ex penses, so as to define and redefine certain terms.

HB 11. By Representative Phillips of the 125th:
A bill to amend Code Section 27-4-138 of the Official Code of Georgia An notated, relating to penalties for offenses pertaining to the operation of com mercial fishing boats engaged in illegal fishing with power drawn nets.

HB 77. By Representative Ramsey of the 3rd:
A bill to repeal Article 5 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to Georgia as a party state to the Vehicle Equipment Safety Compact.

HB 103. By Representatives Padgett of the 86th and Groover of the 99th:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Anno tated, relating to reporting of child abuse generally, so as to make it unlaw ful for any news media to make public the name of any child who has been reported as being abused.

HB 115. By Representatives Hooks of the 116th and Colbert of the 23rd:
A bill to amend Article 4 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to cemeteries, so as to provide for the registra tion and regulation of cemeteries, dealers of burial merchandise and ser vices, and salespersons of burial lots, rights, merchandise, or services.

628

JOURNAL OF THE SENATE

HB 127. By Representatives Marcus of the 26th, Walker of the 115th, Snow of the 1st and others:
A bill to amend Code Section 48-5-161 of the Official Code of Georgia An notated, relating to the time for issuance of tax executions and attachment of a receipt to said executions.

HB 171. By Representatives McDonald of the 12th, Lambert of the 66th, Jackson of the 9th and others:
A bill to amend Chapter 6 of Title 3 of the Official Code of Georgia Anno tated, relating to wine, so as to provide for licensing and regulation of farm wineries and sales by farm wineries.

HB 185. By Representatives Colwell and Twiggs of the 4th and Anderson of the 8th:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Appalachian Judicial Circuit, to be composed of the Counties of Fannin, Gilmer, and Pickens.

HB 209. By Representatives Young of the 134th, Randall of the 101st, Daugherty of the 33rd and others:
A bill to amend Article 7 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to tenancy in common, so as to provide for the sale of the interests of petitioners for partition to other parties in interest in property sought to be partitioned.

HB 221. By Representatives Richardson of the 52nd, Colbert of the 23rd, Pinkston of the 100th and others:
A bill to amend Code Section 7-1-357 of the Official Code of Georgia Anno tated, relating to the payment by banks of deposits of deceased depositors, so as to authorize payment of funeral expenses from certain deposits.

HB 231. By Representatives Thompson, Burruss and Darden of the 20th and others:
A bill to amend Code Section 40-6-395, relating to the crimes of fleeing a police officer and impersonating a police officer, so as to change the punish ment for the crime of fleeing a police officer.

HB 332. By Representatives Hasty of the 8th and Darden of the 20th:
A bill to amend Code Section 15-6-88 of the Official Code of Georgia Anno tated, relating to minimum annual salaries for clerks of the superior courts, so as to change the salary in certain counties.

FRIDAY, FEBRUARY 4, 1983

629

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

SB 1. By Senators Cobb of the 28th, Hill of the 29th, Holloway of the 12th and others:
A bill to amend Chapter 5 of Title 3 of the Official Code of Georgia Anno tated, relating to malt beverages.

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

HR 142. By Representatives Martin of the 60th, Colbert of the 23rd, Hanner of the 131st and others:
A resolution supporting the recommendation of the State-wide Fire Protec tion Study Committee, the Georgia Association of Fire Chiefs, and the Georgia State Firemen's Association urging the appropriation of sufficient funds necessary to establish the National Professional Qualifications System for fire service personnel to be administered by the Georgia Firefighter Stan dards and Training Council.

HR 143. By Representatives Martin of the 60th, Colbert of the 23rd, Hanner of the 131st and others:
A resolution supporting the recommendation of the State-wide Fire Protec tion Study Committee, the Georgia Association of Fire Chiefs, and the Georgia State Firemen's Association urging the appropriation of sufficient funds dedicated to continue the operation of the state fire data system within the office of the state fire marshal.

HR 144. By Representatives Martin of the 60th, Colbert of the 23rd, Hanner of the 131st and others:
A resolution supporting the recommendation of the State-wide Fire Protec tion Study Committee, the Georgia Association of Fire Chiefs, and the Georgia State Firemen's Association urging the appropriation of sufficient funds for the operation of the Georgia Fire Academy and for the addition of one instructor to develop and implement courses of study and programs in volving public fire safety education.

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

SB 196. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions pertaining to ad valorem

630

JOURNAL OF THE SENATE

taxation of property, so as to redefine the term "foreign merchandise in transit".
Referred to Committee on Banking and Finance.

SB 197. By Senators Burton of the 5th and Tysinger of the 41st:
A bill to amend Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries, so as to provide for a special investigative grand jury with statewide jurisdiction.
Referred to Committee on Judiciary.

SB 198. By Senators Scott of the 36th, Allgood of the 22nd and Walker of the 19th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to define certain terms.
Referred to Committee on Industry and Labor.

SB 199. By Senators Coggin of the 35th, Scott of the 43rd, Engram of the 34th and others:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to provide for the "Georgia Motor Vehicle Franchise Practices Act"; to provide for general provisions.
Referred to Committee on Industry and Labor.

SB 200. By Senator Horton of the 17th:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Anno tated, relating to the general requirements for transaction insurance in this state, so as to provide that only those informational booklets which are pro vided by insurers shall be required to be written in simplified and plair language.
Referred to Committee on Insurance.

SB 201. By Senator Lester of the 23rd:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Authority Act," so as to change the membership of the authority.
Referred to Committee on Banking and Finance.

SB 202. By Senator Barnes of the 33rd:
A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to the conduct of meetings of state and local govern-

FRIDAY, FEBRUARY 4, 1983

631

ment departments, agencies, and authorities, so as to completely revise and supersede said chapter; to provide an effective date.
Referred to Committee on Judiciary and Constitutional Law.

SB 203. By Senator Barnes of the 33rd:
A bill to amend Code Section 50-18-70 of the Official Code of Georgia An notated, relating to the requirement that public records be open for inspec tion, so as to provide that public records which consist of the commentary or personal information concerning personnel of the agency maintaining such records shall not be available for inspection.
Referred to Committee on Governmental Operations.

SB 204. By Senators Barnes of the 33rd, Gillis of the 20th, Dean of the 31st and others:
A bill to amend Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the protection of metropolitan riv ers, so as to define certain terms.
Referred to Committee on Natural Resources and Environmental Quality.

SB 205. By Senators Land of the 16th and Hudgins of the 15th:
A bill to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings and other structures generally, so as to provide for the safety inspection of amusement rides.
Referred to Committee on Public Safety.

SR 79. By Senator Barnes of the 33rd: A resolution designating the George W. Thompson, Sr. Bridge.
Referred to Committee on Public Utilities.

The following bills and resolutions of the House were read the first time and re ferred to committees:

HB 8. By Representatives Patten of the 149th and Manner of the 131st:
A bill to amend Article 2 of Chapter 11 of Title 17 of the Official Code of Georgia Annotated, relating to reimbursement for capital felony expenses, so as to define and redefine certain terms.
Referred to Committee on Federal, State and Community Affairs (General).

HB 11. By Representative Phillips of the 125th:
A bill to amend Code Section 27-4-138 of the Official Code of Georgia An notated, relating to the penalties for offenses pertaining to the operation of commercial fishing boats engaged in illegal fishing with power-drawn nets.
Referred to Committee on Natural Resources and Environmental Quality.

632

JOURNAL OF THE SENATE

HB 77. By Representative Ramsey of the 3rd:
A bill to repeal Article 5 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to Georgia as a party state to the Vehicle Equipment Safety Compact.
Referred to Committee on Transportation.

HB 103. By Representatives Padgett of the 86th and Groover of the 99th:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Anno tated, relating to reporting of child abuse generally, so as to make it unlaw ful for any news media to make public the name of any child who has been reported as being abused.
Referred to Committee on Children and Youth.

HB 115. By Representatives Hooks of the 116th and Colbert of the 23rd:
A bill to amend Article 4 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to cemeteries, so as to provide for the registra tion and regulation of cemeteries, dealers of burial merchandise and ser vices, and salespersons of burial lots, rights, merchandise or services.
Referred to Committee on Industry and Labor.

HB 127. By Representatives Marcus of the 26th, Walker of the 115th, Snow of the 1st and others:
A bill to amend Code Section 48-5-161 of the Official Code of Georgia An notated, relating to the time for issuance of tax executions and attachment of a receipt to said executions.
Referred to Committee on Judiciary.

HB 171. By Representatives McDonald of the 12th, Lambert of the 66th, Jackson, Lawson and Wood of the 9th and Argo of the 68th:
A bill to amend Chapter 6 of Title 3 of the Official Code of Georgia Anno tated, relating to wine, so as to provide for licensing and regulation of farm wineries and sales by farm wineries.
Referred to Committee on Economic Development and Tourism.

HB 185. By Representatives Colwell and Twiggs of the 4th and Anderson of the 8th:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Appalachian Judicial Circuit, to be composed of the Counties of Fannin, Gilmer and Pickens.
Referred to Committee on Judiciary.

FRIDAY, FEBRUARY 4, 1983

633

HB 209. By Representatives Young of the 134th, Randall of the 101st, Daugherty of the 33rd and others:
A bill to amend Article 7 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to tenancy in common, so as to provide for the sale of the interests of petitioners for partition to other parties in interest in property sought to be partitioned.
Referred to Committee on Judiciary and Constitutional Law.

HB 221. By Representatives Richardson of the 52nd, Colbert of the 23rd, Pinkston of the 100th and others:
A bill to amend Code Section 7-1-357 of the Official Code of Georgia Anno tated, relating to the payment by banks of deposits of deceased depositors, so as to authorize payment of funeral expenses from certain deposits.
Referred to Committee on Banking and Finance.

HB 231. By Representatives Thompson, Burruss and Darden of the 20th and others:
A bill to amend Code Section 40-6-395, relating to the crimes of fleeing a police officer and impersonating a police officer, so as to change the punish ment for the crime of fleeing a police officer.
Referred to Committee on Judiciary and Constitutional Law.

HB 322. By Representatives Richardson of the 52nd, Williams of the 48th, Redding of the 50th and others:
A bill to amend an Act creating and establishing a new charter and munici pal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, State of Georgia, so as to change the corporate limits of the City of Decatur, Georgia.
Referred to Committee on Federal, State and Community Affairs.

HB 332. By Representatives Hasty of the 8th and Darden of the 20th:
A bill to amend Code Section 15-6-88 of the Official Code of Georgia Anno tated, relating to minimum annual salaries for clerks of the superior courts, so as to change the salary in certain counties.
Referred to Committee on Governmental Operations.

HB 333. By Representatives Hasty and Anderson of the 8th:
A bill to provide a new charter for the City of Jasper in the County of Pickens; to provide for the incorporation and power of said city.
Referred to Committee on Federal, State and Community Affairs.

634

JOURNAL OF THE SENATE

HB 341. By Representative Carter of the 146th:
A bill to amend an Act creating a charter for the City of Adel, so as to provide for election districts.
Referred to Committee on Federal, State and Community Affairs.

HB 344. By Representatives Triplett of the 128th, Phillips of the 125th, Alien of the 127th and others:
A bill to amend an Act creating a new Charter for the Town of Pooler, so as to increase the membership of the Aldermanic Board.
Referred to Committee on Federal, State and Community Affairs.

HB 345. By Representatives Triplett of the 128th, Phillips of the 125th, Alien of the 127th and others:
A bill to amend an Act establishing a new charter for the municipality of Garden City, so as to extend the present corporate limits of said municipality.
Referred to Committee on Federal, State and Community Affairs.

HB 351. By Representatives Benefield, Bailey, Lee, Johnson and Holcomb of the 72nd:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to reapportion the commissioner districts.
Referred to Committee on Federal, State and Community Affairs.

HB 352. By Representative McDonald of the 12th:
A bill to amend an Act incorporating the City of Commerce, so as to pro vide for the administration of departments, offices, and agencies; to provide for a city manager.
Referred to Committee on Federal, State and Community Affairs.

HR 142. By Representatives Martin of the 60th, Colbert of the 23rd, Hanner of the 131st and others:
A resolution supporting the recommendation of the State-wide Fire Protec tion Study Committee, the Georgia Association of Fire Chiefs, and the Georgia State Firemen's Association urging the appropriation of sufficient funds necessary to establish the National Professional Qualifications System for fire service personnel to be administered by the Georgia Firefighter Stan dards and Training Council.
Referred to Committee on Public Safety.

FRIDAY, FEBRUARY 4, 1983

635

HR 143. By Representatives Martin of the 60th, Colbert of the 23rd, Manner of the 131st and others:
A resolution supporting the recommendation of the State-wide Fire Protec tion Study Committee, the Georgia Association of Fire Chiefs, and the Georgia State Firemen's Association urging the appropriation of sufficient funds dedicated to continue the operation of the state fire data system within the office of the state fire marshal.
Referred to Committee on Public Safety.

HR 144. By Representatives Martin of the 60th, Colbert of the 23rd, Manner of the 131st and others:
A resolution supporting the recommendation of the State-wide Fire Protec tion Study Committee, the Georgia Association of Fire Chiefs, and the Georgia State Firemen's Association urging the appropriation of sufficient funds for the operation of the Georgia Fire Academy and for the addition of one instructor to develop and implement courses of study and programs in volving public fire safety education.
Referred to Committee on Public Safety.

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

Mr. President:

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

HB 222. Do pass. SB 178. Do pass.

SB 179. Do pass. SB 180. Do pass.

Respectfully submitted,

Senator Hudgins of the 15th District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 171. Do pass.
Respectfully submitted,
Senator Scott of the 43rd District, Chairman

636

JOURNAL OF THE SENATE

Mr. President:

The Committee on Governmental Operations has had under consideration the fol lowing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 79. Do pass by substitute. SB 175. Do pass.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

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

SB 40. Do pass as amended. HB 15. Do pass. HB 16. Do pass. HB 17. Do pass. HB 18. Do pass by substitute. HB 19. Do pass.

HB 20. Do pass. HB 22 Do pass
HB 23. Do pass.
HB 92- Do PassHB 96. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Natural Resources and Environmental Quality has had under consideration the following resolution of the House and has instructed me to report the same back to the Senate with the following recommendation:
HR 27. Do pass.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following bill

FRIDAY, FEBRUARY 4, 1983

637

of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 70. Do pass. Respectfully submitted,
Senator Brown of the 47th District, Chairman

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

SB 53. By Senator Kidd of the 25th:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the safety, comfort, and convenience of travelers; to provide for a short title.

SB 78. By Senators Trulock of the 10th, Perry of the 7th and Turner of the 8th:
A bill to amend Article 1 of Chapter 10 of Title 17, relating to procedure for sentencing and punishment, so as to change the procedure for review of sentences by a panel of superior court judges; to provide that certain sentences shall not be reviewable; to provide for all related matters; to pro vide an effective date.

SB 98. By Senator Howard of the 42nd:
A bill to amend Code Section 19-3-40 of the Official Code of Georgia Anno tated, relating to blood tests required for marriage licenses, so as to delete certain requirements regarding serologic tests for syphilis.

SB 102. By Senator Howard of the 42nd:
A bill to amend Code Section 43-34-33 of the Official Code of Georgia An notated, relating to institutional licenses to practice medicine, so as to pro hibit the further issuance of institutional licenses to practice medicine but to authorize the renewal of certain such licenses.

SB 146. By Senators Holloway of the 12th and Kidd of the 25th:
A bill to amend Code Section 34-7-4 of the Official Code of Georgia Anno tated, relating to payment of outstanding wages to surviving spouse or minor children by certain employers, so as to eliminate the maximum amount which can be paid to the surviving spouse or minor children of state employees.

SB 150. By Senator Howard of the 42nd:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions regarding torts, so as to provide that no

638

JOURNAL OF THE SENATE

physician shall be liable for any injury resulting from the administering of medicine pursuant to any state mandated program, where the recipient of such medicine experiences any adverse reaction to such medicine.

SB 156. By Senator Coggin of the 35th:
A bill to amend Code Section 15-6-80 of the Official Code of Georgia Anno tated, relating to the payment of costs for transcripts of the trial record, so as to provide that an estimated cost of the preparation of a transcript of the record shall be prepared and paid prior to preparing the record of trial.

SB 157. By Senator Scott of the 43rd:
A bill to amend Article 4 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to junior colleges, so as to change the provisions relative to payments by the board of regents to certain local operating authorities.

SB 168. By Senator McKenzie of the 14th:
A bill to amend an Act creating a board of commissioners for Macon County, as amended, so as to change the compensation of the chairman and other members of the board of commissioners of Macon County.

SR 5. By Senators Cobb of the 28th, Hill of the 29th and Bowen of the 13th: A resolution creating the Joint No-Fault Insurance Study Committee.

SR 24. By Senator Howard of the 42nd:
A resolution urging that all state departments and agencies perform certain functions in regard to asbestos-containing materials.

SR 41. By Senator Burton of the 5th:
A resolution creating the Study Committee on the Handicapped Preschooler.

SR 42. By Senators Walker of the 19th, Bowen of the 13th, Gillis of the 20th and others:
A resolution designating the Roger H. Lawson Memorial Bridge.

HB 159. By Representatives Coleman of the 118th and Buck of the 95th:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to cre ate the State Medical Education Board as the successor to and a continua tion of the heretofore existing State Medical Education Board.

FRIDAY, FEBRUARY 4, 1983

639

HB 257. By Representative Barnett of the 10th:
A bill to provide that the Forsyth County superintendent of schools shall be appointed by and serve at the pleasure of or under contract with the board of education rather than elected.

HB 301. By Representatives Groover of the 99th, Birdsong of the 104th, Randall of the 101st and others:
A bill to amend an Act entitled "Macon-Water Commissioners Pension Plan", so as to redefine the definition of the word "Board" and the phrases "Board of Water Commissioners" and "The Board of Water Commissioners of the City of Macon".
The following local, uncontested bills of the Senate, favorably reported by the committee, were read the third time and put upon their passage:

SB 133. By Senator Scott of the 36th:
A bill to amend an Act fixing the compensation of the board of commission ers 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 relating to the method by which compensation is changed within the limitations specified by said Act.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

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

SB 140. By Senator Coggin of the 35th:
A bill to authorize the governing authority of Fulton County to adopt ordi nances and regulations for the governing of the policing of the unincorpo rated areas of said county, in accordance with the provisions of the Consti tution of this state and to provide penalties for the violation of such ordinances and to designate the court or courts which shall have jurisdiction in Fulton County over such offenses.
The report 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.

640

JOURNAL OF THE SENATE

SB 155. By Senator Coggin of the 35th:
A bill to amend an Act creating the State Court of Fulton County, as amended, so as to authorize the county to pay a publication subsidy to cer tain newspapers for printing the court calendar.

The report 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 an swered to their names:

Allgood Barker Barnes Bond Brannon Brantley BBrroowunn ooff 4467tthh
BBuryrtaonnt
Coleman Dawkins Deal Dean English

Fincher Foster Garner Gillis Greene Harris HHiilnl e
HHoolrltoown ay
Howard Hudgins Kennedy Kidd Land

Lester McGill McKenzie Peevy Perry Scott of 2n<J 0Scot..t off 3,,6.t,h
~Sttuamrrb, augh.
' ate Thompson Trulock Turner Tysinger

Those not answering were Senators:

Bowen Cobb Coggin Coverdell

Engram Harrison (excused) Littlefield Phillips

Scott of 43rd Summers (deceased) Timmons Walker

Senator Barnes of the 33rd introduced the chaplain of the day, Reverend Bobby Sunderland, of the Baptist Home Mission Board, Atlanta, Georgia, who offered scrip ture reading and prayer.

FRIDAY, FEBRUARY 4, 1983

641

The following resolution of the Senate was read and adopted:

SR 81. By Senators Allgood of the 22nd and Lester of the 23rd: A resolution commending and congratulating Kirn Murphy.

SENATE CALENDAR
Friday, February 4, 1983
SEVENTEENTH LEGISLATIVE DAY
SB 7 Automobile Insurance Policy--prohibit certain actions on mere in volvement in accident (AMENDMENT) (Ins--32nd)
SB 41 Inmates Employed in Correctional Industries--no compensation (Off R--4th)
SB 42 Federal, State Shipping Point Inspection Service--Employees' Retire ment (SUBSTITUTE) (Ret--llth)
SB 66 Persons Convicted of Crimes--not in local prison while on appeal (Off R--33rd)
SB 73 Superior Court Clerks--change retirement provisions (SUBSTI TUTE/AMENDMENT) (Ret--25th)
SB 88 Damages Caused by Intoxication--liability of person selling for con sumption (SUBSTITUTE) (J&CL--33rd)
SB 110 Legislative Retirement System--change monthly retirement allow ance (Ret--47th)
SB 113 Sale by State Employee--Workers' Compensation Reporters exempt from provisions (Gov Op--49th)
SB 135 Inmate Earned-Time Allowance--accrue after sentence becomes final (Off R--4th)
SB 136 Grade A Pasteurized Milk Ordinance--changes in and supplements to (Ag--24th)
SB 137 Structural Pest Control Commission--Agriculture Commissioner serve as secretary (AMENDMENT) (Ag--24th)
SB 148 Probation--remove certain limits on community service as condition (Off R--42nd)
SR 45 General Assembly Members--elect for 4 years (Gov Op--38th)

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

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

642

JOURNAL OF THE SENATE

SB 7. By Senators Thompson of the 32nd and Lester of the 23rd:
A bill to amend Code Section 33-34-3 of the Official Code of Georgia Anno tated, relating to general requirements regarding motor vehicle accident in surance policies, so as to prohibit certain actions regarding such policies based upon the insured's mere involvement in a motor vehicle accident.

The Senate Committee on Insurance offered the following amendment:
Amend SB 7 by striking from lines 20 through 24 of Page 1 the following:
"and the involved insured has neither been convicted of nor pleaded guilty or nolo contendere to violating any traffic law or ordinance in the course of that accident.",
and inserting in its place the following:

On the adoption of the amendment, the yeas were 31, nays 1, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Kidd Land

Lester Littlefield McGill McKenzie Peevy Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger

Voting in the negative was Senator Perry.

FRIDAY, FEBRUARY 4, 1983

643

Those not voting were Senators:

Cobb Coggin
Fincher Harrison (excused)

Hudgins Kennedy (presiding) Phillips

Starr Summers (deceased) Walker

On the passage of the bill, the yeas were 45, nays 1.

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

The President resumed the Chair.
SB 41. By Senators Kennedy of the 4th and Garner of the 30th: A bill to amend Chapter 10 of Title 42 of the Official Code of Georgia Annotated, relating to correctional industries, so as to prohibit the adminis tration from compensating inmates employed in correctional industries.

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

On 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 Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Deal Dean

English Engram Foster Garner Gillis Greene Harris Hill Holloway Horton Howard Kennedy Kidd

Land Lester McGill McKenzie Perry Phillips Scott of 2nd Stumbaugh Thompson Timmons Trulock Turner Walker

644

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Bond Dawkins Mine

Peevy Scott of 36th Scott of 43rd

Tate Tysinger

Those not voting were Senators:

Brannon Coggin Fincher

Harrison (excused) Hudgins Littlefield

Starr Summers (deceased)

On the passage of the bill, the yeas were 40, nays 8.

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

SB 42. By Senator Timmons of the llth:
A bill to amend Code Section 47-2-310 of the Official Code of Georgia An notated, relating to the coverage of Georgia Federal-State Shipping Point Inspection Service employees under the Employees' Retirement System of Georgia, so as to change the provisions relating to credit for previous service.

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 Loyce Turner, Chairman

Senate Retirement Committee

FROM:

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

DATE:

January 13, 1983

SUBJECT: Fiscal Note--Senate Bill 42 (LC 7 5050) Employees' Retirement System

This Bill extends the deadline for the purchase of credit for previous service with the Georgia Federal-State Shipping Point Inspection Service from one year after the time the member became eligible for such credit to January 1, 1984.

FRIDAY, FEBRUARY 4, 1983

645

According to ERS administrators, as of June 30, 1981, the last date for which complete employee data is available, 61 current members would be eligible to receive prior service credit as Georgia State-Federal Shipping Point Inspection Service employees. Based on these figures, the actuary for ERS has determined that this Bill would result in an increased total liability to ERS of approximately $785,000. Of this amount, employees would pay $163,000 in additional employee contributions and interest and $275,000 for state contributions and interest. The difference of $347,000 would be the additional cost to the state.

/s/ W.M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

The Senate Committee on Retirement offered the following substitute to SB 42:

A BILL TO BE ENTITLED AN ACT
To amend Code Section 47-2-310 of the Official Code of Georgia An notated, relating to the coverage of Georgia Federal-State Shipping Point Inspection Service employees under the Employees' Retirement System of Georgia, so as to change the provisions and requirements relating to grant ing creditable service for certain previous service; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-2-310 of the Official Code of Georgia Anno tated, relating to the coverage of Georgia Federal-State Shipping Point In spection Service employees under the Employees' Retirement System of Georgia, is amended by striking subsection (d) in its entirety and substitut ing in lieu thereof a new subsection (d) to read as follows:
"(d) Any person who becomes a member of the retirement system under this Code section, upon certified proof of previous service with the inspection service, shall be eligible to receive up to five years of credit for such previous service by paying the regular employer and employee con tributions, including accrued interest, that would have accumulated dur ing such period of employment. In the computation of such contributions and interest, the compensation of such members shall be deemed to have been the same as the compensation such member received on the date he first became a member. For any member claiming creditable service under this subsection on and after July 1, 1983, the board of trustees shall calculate the period of time the contributions and interest provided for above will fund as creditable service under the retirement system without creating any additional accrued liability of the retirement sys tem; and the amount of creditable service so determined shall be the creditable service to which the member is entitled. The inspection service shall be authorized to supplement contributions and interest provided for above in an amount, as determined by the board of trustees, which, to gether with such contributions and interest, will fully fund as creditable

646

JOURNAL OF THE SENATE

service the total amount of previous service claimed without creating any additional accrued liability of the retirement system, and in the event such supplement is paid by the inspection service to the board of trustees, the member shall be entitled to receive all such previous service as credit able-service up to the maximum of five years. Credit for previous service shall be available to a member only after he has worked for the inspec tion service for one full year following July 1, 1975, and must be exer cised, if at all, within one year after the time any such member becomes eligible to elect such option or by not later than January 1, 1984, which ever date is later."
Section 2. 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 Trinity-Washington Building
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Loyce Turner, Chairman

Senate Retirement Committee

FROM:

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

DATE:

January 31, 1983

SUBJECT: Fiscal Note--Substitute to Senate Bill 42 (LC 7 5178S) Employees' Retirement System (ERS)

The substitute version of this Bill extends the deadline for the purchase of credit for previous service, of up to five years, with the Georgia FederalState Shipping Point Inspection Service from one year after the time the member became eligible for such credit to January 1, 1984. To obtain such credit, members must pay the employee and employer contributions plus ac crued interest that would have accumulated during prior service. For mem bers claiming credit after July 1, 1983, creditable service would be allowed only for the period of time these contributions and interest will fund without creating an additional accrued liability for ERS. The substitute version would also allow the inspection service to supplement member contributions and interest for such persons in an amount, which together with member contributions and interest, would fully fund the total amount of previous service claimed up to a maximum of five years.

This Bill would not have any fiscal impact on ERS because the accrued liability created by the granting of such service credit would be paid by the member obtaining the credit and the inspection service. According to ERS administrators, as of June 30, 1981, the last date for which complete em-

FRIDAY, FEBRUARY 4, 1983

647

ployee data is available, 61 current members would be eligible to receive prior service credit as Georgia Federal-State Shipping Point Inspection Ser vice employees.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

On the adoption of the substitute, the yeas were 35, nays 1, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brantley Brown of 47th Bryant Cobb Coverdell Deal Dean English Engram Fincher Foster Garner

Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land Lester Littlefield McGill

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Ty singer Walker

Those voting in the negative were Senators:

Broun of 46th Burton

Dawkins

Starr

Those not voting were Senators:

Barker Brannon

Coggin Coleman

Harrison (excused) Summers (deceased)

On the passage of the bill, the yeas were 46, nays 4.

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

648

JOURNAL OF THE SENATE

SB 66. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Code Section 42-5-50 of the Official Code of Georgia Anno tated, relating to the notifications and conditions of detention generally, so as to provide that persons convicted of crimes whose confinement shall be served in institutions under the control of the Department of Offender Reha bilitation shall not remain in confinement in local prison facilities while their conviction is on appeal.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land

Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Harrison (excused)

Littlefield Scott of 36th

Summers (deceased)

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

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

SB 88. By Senators Barnes of the 33rd, Greene of the 26th, Dawkins of the 45th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to torts in general, so as to provide for liability for damages

FRIDAY, FEBRUARY 4, 1983

649

caused by intoxication of persons to whom a person engaged in the business of selling alcoholic beverages for consumption on the premises has sold or furnished alcoholic beverages.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 88:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to torts in general, so as to provide for liability for damages caused by intoxication of persons to whom a person engaged in the business of selling alcoholic beverages for consumption on the premises has sold or furnished alcoholic beverages; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to torts in general, is amended by adding a new Code Section 51-1-18.1 to read as follows:
"51-1-18.1. Any person who is engaged in the business of selling alcoholic beverages for consumption on the premises shall be liable to third parties for wrongful death or injury to person or property caused by reason of the sale of intoxicating beverages to one who manifests an obvi ous intoxication if such intoxication shall proximately cause death or in jury. However, the maximum liability imposed under this Code section shall not exceed $100,000.00 plus special damages for actual medical expenses."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 42, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the 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:

650

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Barnes Dawkins Deal Dean

Foster Greene Hine Lester

Peevy Starr Thompson Trulock

Those voting in the negative were Senators:

Allgood Barker Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell

English Engram Fincher Garner Gillis Harris Hill Holloway Horton Howard Hudgins Kennedy Kidd Land

Littlefield McGill McKenzie Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Timmons Turner Tysinger Walker

Not voting were Senators Harrison (excused) and Summers (deceased).

On the passage of the bill, the yeas were 12, nays 42.

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

SB 110. By Senators Brown of the 47th, Kidd of the 25th and Hill of the 29th:
A bill to amend Code Section 47-6-80 of the Official Code of Georgia Anno tated, relating to the eligibility and application for retirement benefits under the Georgia Legislative Retirement System, so as to change the monthly service retirement allowance.

The following fiscal notes, as required by law, were read by the Secretary:

Department of Audits 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Loyce Turner, Chairman

Senate Retirement Committee

FROM:

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

FRIDAY, FEBRUARY 4, 1983

651

DATE:

January 20, 1983

SUBJECT: Fiscal Note--Senate Bill 110 (LC 11 4914) Legislative Retirement System

This Bill would increase the monthly service retirement allowance from $16.00 to $20.00 per number of years of creditable service.

The actuary has determined that the additional annual cost of this Bill if paid by the State would be $70,900, or $316 per active member.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

Department of Audits Trinity-Washington Building
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Loyce Turner, Chairman

Senate Retirement Committee

FROM:

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

DATE:

January 31, 1983

SUBJECT: Amended Fiscal Note--Senate Bill 110 (LC 11 4914) Legis lative Retirement System (LRS)

This Bill would increase the monthly service retirement allowance from $16.00 to $20.00 per number of years of creditable service.

The actuary for LRS has estimated that the additional annual cost of this Bill if paid by the State would be $70,900 or $316 per active member. The first actuarial valuation of the Legislative Retirement System indicates that contributions by the employer are now approximately $85,000 in excess of the recommended funding requirement. Therefore, the cost of this propo sal could be absorbed without additional contributions by the employer.

/s/ 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:

652

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Dean

English Engram Fincher Gillis Greene Harris Hill Holloway Howard Hudgins Kennedy Kidd
Lester
Littlefield McGill

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Tate Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Barnes Deal Foster

Garner Hine

Horton Land

Those not voting were Senators:

Barker Harrison (excused)

Starr Stumbaugh

Summers (deceased)

On the passage of the bill, the yeas were 44, nays 7.

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

SB 113. By Senator Deal of the 49th:
A bill to amend Code Section 16-10-6 of the Official Code of Georgia Anno tated, relating to unlawful acts relative to the sale of personal property to the state or any political subdivision by certain persons, and to amend Code Section 45-10-20 of the Official Code of Georgia Annotated, relating to the prohibition against certain persons from engaging in certain business trans actions with the state.

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

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

FRIDAY, FEBRUARY 4, 1983

653

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land Lester

Littlefield McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon English

Harrison McKenzk

Summers (deceased) Timmons

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

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

SB 135. By Senators Kennedy of the 4th, McGill of the 24th, Walker of the 19th and others:
A bill to amend Code Section 42-5-100 of the Official Code of Georgia An notated, relating to the promulgation of rules and regulations governing earned-time allowances, so as to provide for intent.

Senators Deal of the 49th and Peevy of the 48th offered the following amendment:
Amend SB 135 by adding on line 17, Page 2, after the word "certiorari" the following words:
"if the appellate court finds the appeal or petition for certiorari was frivolous".

On the adoption of the amendment, the yeas were 31, nays 1, and the amendment was adopted.

654

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Kennedy Kidd Land Lester

Littlefield McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Walker

Those not voting were Senators:

Brannon Brantley Brown of 47th

Harrison (excused) Hudgins McKenzie

Summers (deceased) Timmons Tysinger

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

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

SB 136. By Senators McGill of the 24th, Walker of the 19th, Kennedy of the 4th and others:
A bill to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to milk and milk products, so as to authorize the Commissioner of Agriculture by rule or regulation to adopt future changes in and supplements to the "Grade A Pasteurized Milk Ordinance" as a part of the standards and requirements for this state.

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

FRIDAY, FEBRUARY 4, 1983

655

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land

Lester Littlefield McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger

Those not voting were Senators:

Brannon Brown of 47th Fincher

Harrison (excused) McKenzie Summers (deceased)

Timmons Walker

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

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

SB 137. By Senators McGill of the 24th, Walker of the 19th, Kennedy of the 4th and others:
A bill to amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, relating to the business of structural pest control, so as to pro vide that the Commissioner of Agriculture shall serve as a secretary of the State Structural Pest Control Commissison.

The Senate Committee on Agriculture offered the following amendment:
Amend SB 137 by adding in the title at the end of line 8 on Page 1, immediately following the word "to", the following:
"change the termination date of the State Structural Pest Control Commission; to".
By renumbering Sections 7 and 8 on Pages 5 and 6 as Sections 8 and 9, respectively, and inserting a new Section 7 to read as follows:

656

JOURNAL OF THE SENATE

"Section 7. Said chapter is further amended by striking Code Sec tion 43-45-26, relating to termination, and inserting in its place a new Code section to read as follows:

'43-45-26. For the purposes of Chapter 2 of this title, "The Act Pro viding for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies," the State Structural Pest Control Commission shall be terminated on July 1, 1989, and this chapter and any other laws relating to such commission shall be repealed in their entirety effective on the date specified in Code Section 43-2-8.'"

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

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

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

Those voting in the affirmative were Senators:

Allgood Barker Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land Lester

Littlefield McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Brannon

Harrison (excused) McKenzie

Summers (deceased) Timmons

On the passage of the bill, the yeas were 50, nays 0.

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

FRIDAY, FEBRUARY 4, 1983

657

SB 148. By Senator Howard of the 42nd:
A bill to amend Code Section 42-8-72 of the Official Code of Georgia Anno tated, relating to community service as a condition of probation for certain offenders, so as to remove certain limitations on court orders of community service as a condition of probation.

Senator Howard of the 42nd moved that SB 148 be postponed until Monday, Feb ruary 7.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 148 was postponed until Monday, February 7.

SR 45. By Senators Tate of the 38th, Harrison of the 37th, Gillis of the 20th and others:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that members of the General Assembly shall be elected for a term of four years; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section II of the Constitution is amended by striking therefrom Paragraph V, which reads as follows:
"Paragraph V. Election and term of members, (a) The members of the General Assembly shall be elected by the qualified electors of their respective districts for a term of two years and shall serve until the time fixed for the convening of the next General Assembly.
(b) The members of the General Assembly in office on June 30, 1983, shall serve out the remainder of the terms to which elected.
(c) The first election for members of the General Assembly under this Constitution shall take place on Tuesday after the first Monday in November, 1984, and subsequent elections biennially on that day until the day of election is changed by law.",
and substituting in lieu thereof a new Paragraph V to read as follows:
"Paragraph V. Election and term of members, (a) The members of the General Assembly shall be elected by the qualified electors of their respective districts for a term of four years and shall serve until the time fixed for the convening of the next General Assembly.

658

JOURNAL OF THE SENATE

(b) The members of the General Assembly in office on June 30, 1983, shall serve out the remainder of the terms to which elected.
(c) The first election for members of the General Assembly under this Constitution shall take place on Tuesday after the first Monday in November, 1984, and subsequent elections quadrennially on that day un til the day of election is changed by law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that members of the General Assembly shall be elected for a
[ ] NO term of four years?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Broun of 46th Brown of 47th Bryant Cobb Coggin Coleman Dawkins Deal Dean English

Fincher Foster Garner Gillis Greene Harris Hill Hine Horton Hudgins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Tysinger Walker

FRIDAY, FEBRUARY 4, 1983

659

Those voting in the negative were Senators:

Barker Brantley Burton Coverdell

Engram Holloway Howard

Peevy Phillips Stumbaugh

Those not voting were Senators:

Brannon Harrison (excused)

Perry

Summers (deceased)

On the adoption of the resolution, the yeas were 42, nays 10.

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

SB 73. By Senator Kidd of the 25th: A bill to amend Article 5 of Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits, disability benefits, spouses benefits, etc., so as to change the provisions relating to retirement benefits for clerks of the superior court and their spouses who are receiving benefits under this article or who may become eligible for benefits in the future.
Senator Kidd of the 25th moved that SB 73 be postponed until Monday, February 7.
On the motion, the yeas were 45, nays 2; the motion prevailed, and SB 73 was postponed until Monday, February 7.
The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:
Secretary of State 214 State Capitol
Atlanta 30334
February 4, 1983
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I am transmitting to you herewith a certified list of those persons, who

660

JOURNAL OF THE SENATE

registered in the Docket of Legislative Appearance for the 1983 Regular Session as of 3:00 P.M. on February 4, 1983. The list is numbered 423 through 499.
Sincerely,
/s/ Max Cleland Secretary of State
Attachment: Received by /s/ Hamilton McWhorter, Jr.

STATE OF GEORGIA Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby cer tify that the attached list contains the names and addresses of those persons, numbered 423 through 499 who have registered in the Docket of Legislative Appearance as of February 4, 1983, 3:00 P.M., in accordance with the Georgia Laws 1970, pp. 695, as the same appears on file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and af fixed the seal of my office, at the Capitol, in the City of Atlanta, this 4th day of February, in the year of our Lord One Thousand Nine Hundred and Eighty-Three and of the Independence of the United States of America the Two Hundred and Seven.
/s/ Max Cleland Secretary of State

PERSONS REGISTERED IN THE DOCKET OF LEGISLATIVE APPEARANCE--1983
423. Theodore Frankel Fulton County Probation Dept. Emp. 980 West Kingston Drive, N.E. Atlanta, Georgia 30342
424. Jerry R. Griffin Georgia Municipal Association 2300-24 Peachtree St., N.W. Atlanta, Georgia 30303
425. Tony Lamar Hightower Georgia Alcohol Business Assn. 1505 Peachtree Summit 401 W. Peachtree St., N.W. Atlanta, Georgia 30308
426. Archie D. Fountain GAPR 2116 Shawnee Drive Jonesboro, Georgia 30236

FRIDAY, FEBRUARY 4, 1983

661

427. Anne Wells White Planned Parenthood of Atlanta Area Colony House 1237 145 Fifteenth St., N.E. Atlanta, Georgia 30361
428. Murray Kurtzberg SELF 1972 Wellbourne Drive, N.E. Atlanta, Georgia 30324
429. Connie Shaw SELF 4818 Joy Lane Lilburn, Georgia 30247
430. Floyd Eugene "Buddy" Ayers, Sr. Mastic Corporation 1142 Mohican Trail Stone Mountain, Georgia 30083
431. Griffin Doyle Cofer, Beauchamp, Hawes & Brown Suite 200 Peachtree & Broad Building Atlanta, Georgia 30043
432. H. Glenn Anthony Georgia Forestry Association 709 Cain Tower Peachtree Center Atlanta, Georgia 30303
433. John P. Stevens First National Bank of Atlanta P.O. Box 4148 Atlanta, Georgia
434. Hinson McAuliffe Georgia Council on Moral & Civic Concerns 55 Silverwood Road, N.E. Atlanta, Georgia 30342
435. Helen F. Shell We Care in Georgia Inc. 5545 Arundel Drive, N.W. Atlanta, Georgia 30327
436. Could B. Hagler, Jr. Medical Assn. of Georgia 938 Peachtree St., N.E. Atlanta, Georgia 30309
437. Will Dixon SELF 880 Rock St., # B-8 Atlanta, Georgia 30314

662

JOURNAL OF THE SENATE

438. Debra Kaplan Georgia Hospital Assn. 3140 Merrick Drive, N.E. Atlanta, Georgia 30324
439. J. Robert Benton Wine Institute 165 North Main Street Jonesboro, Georgia 30236
440. Robert B. Remar American Civil Liberties Union of Ga. Georgia Poverty Rights Organization Individual Rights Section, State Bar of Georgia SELF 133 Carnegie Way, Suite 630 Atlanta, Georgia 30303
441. H. Andrew Owen American Insurance Assn. 1072 Oxford Road Atlanta, Georgia 30306
442. John L. Erickson Ford Motor Company 233 Peachtree St., N.E. Atlanta, Georgia 30303
443. J. R. Cullens Georgia Bar Assn. Viking Distillery Ga. Trial Lawyers Assn. Glenmore Distillers Company Monarch Wine Company Box 326 Cartersville, Ga. 30120
444. Jim Kittrell Seaboard System Railroad 1590 Marietta Blvd., N.W. Atlanta, Georgia 30318
445. Edward K. Jones Georgia Municipal Assn. 34 Peachtree St., N.W. Suite 2300 Atlanta, Georgia 30303
446. Dr. Andrew H. Griffin, Jr. Georgia Association of Educators 1180 Lynway Lane, S.E. Atlanta, Georgia
447. Mary E. Boyert Georgia Right to Life Committee Inc. 6163 Garden Court Norcross, Georgia 30092

FRIDAY, FEBRUARY 4, 1983

663

448. Kathy Ann Greenwood Georgia Horse Foundation 507 Iveys Scenic Dr. Albany, Georgia 31707
449. Ella Stephenson Lanier SELF 255 Rumson Road Atlanta, Georgia 30305
450. Millie Barclift Tucker Ga. Chapter National Child Passenger Safety Assn. Ga. Federation of Women's Clubs 1860 Ridgefield Drive Roswell, Georgia 20075
451. Bruce Widener Ga. Utility Contractors Assn. Ga. Equipment Distr. Assn. Cond. Air Assn. of Georgia Ga. Well Drill Assn. Widener & Associates
452. General L. M. Smoot United Way of Metropolitan Atlanta P.O. Box 2692 Atlanta, Georgia 30371
453. James C. Thompson United Auto Workers 1280 Winchester Place, Suite 131 Smyrna, Georgia 30080
454. Hubert Green United Auto Workers 6108 Spalding Drive Norcross, Georgia
455. Rachel Robinson Robinson Corporation 401 Peachtree St., #602 Atlanta, Georgia 30308
456. W. M. Goodson National Health Federation Atlanta Chapter 2127 Kilarney Road Decatur, Georgia 30032
457. Lee S. Sessions, Jr. Citizens and Southern Ga. Corporation 99 Annex Atlanta, Georgia 30399
458. Raymond G. Farmer American Insurance Association 3475 Lenox Road Suite 765 Atlanta, Georgia 30326

664

JOURNAL OF THE SENATE

459. Hershei W. Farmer Seaboard System Railroad 1590 Marietta Blvd., N.W. Atlanta, Georgia 30318
460. Alfred T. Pitman Georgia Federal Savings 2008 Farris Avenue East Point, Georgia 30344
461. Grady Perry, Jr. Georgia League of Savings 41 Marietta St., N.W. Atlanta, Georgia 30303
462. D. Brett Bebout SELF 4103 Rue St. Germain St. Stone Mountain, Georgia 30083
463. Dr. Nelson McGhee SELF 2870 M. L. King Jr. Drive, N.W. Atlanta, Georgia 30311
464. Frederick E. Gould, Jr. Georgia Association of Educators P.O. Box 6115 Rome, Georgia 30161
465. Richard H. Woodward, Jr. Atlanta Gas Light Company P.O. Box 4569 Atlanta, Georgia 30302
466. Ed Deaton Georgia Association of Educators 2900 Britt David Road Columbus, Georgia
467. Jim Hewitt TAG. 416J Ga. 3 Hwy Griffin, Georgia 30223
468. Allan R. Roffman Federal Land Bank of Columbia 126 E. Washington Street Madison, Georgia 30650
469. Gloria M. Hudgins Mothers on the March 2029 Flat Shoals Road Conyers, Georgia 30207

FRIDAY, FEBRUARY 4, 1983

665

470. Margie Pitts Hames Medical Hospital Summit Medical Center Atlanta Chapter for Reproductive Health Columbus Women's Medical Center OB-GYN Service Inc. 794 Juniper Street, N.E. Atlanta, Georgia
471. Alton B. Reddick Public Affairs Network Inc. 178 Mt. Paran Road, N.W. Atlanta, Georgia 30327
472. H. M. "Bo" Tinsley I.A.M. Local Lodge 1690 504 Lake Drive Hapeville, Georgia 30354
473. Sharon M. Brekke Georgia Nurses Association 2695 Redding Road, N.E. Atlanta, Georgia 30319
474. Mary P. Bosch Georgia National Organization for Women 2045 Howard Circle Atlanta, Georgia 30307
475. Harry Patrick Galloway Home Health Agencies Route 1 Cobb, Georgia 31735
476. Therese A. McGill Georgia Assn. of Home Health Agencies 2701 Rainbow Ridge Drive Decatur, Georgia 30034
477. Ralph E. Robinson Ga. Assn. of Home Health Agencies 315 Brookwood Drive Watkinsville, Georgia 30677
478. Thomas E. Hudson Blue Cross and Blue Shield of Georgia-Columbus 4120 Olympic Lane Columbus, Georgia
479. Harold E. Bryant Blue Cross and Blue Shield of Georgia-Columbus 1906 Wells Drive Columbus, Georgia 31906
480. Gwen B. Metzger SELF 1478 Diamond Head Drive Decatur, Georgia 30033

666

JOURNAL OF THE SENATE

481. Larry Pless Health Insurance Assn. of America American Council of Life Insurance Aetna Life and Casualty 3100 Peachtree Summit Atlanta, Georgia 30365
482. David W. Levy Sierra Club-Georgia Chapter 572 Martin Road Stone Mountain, Georgia 30088
483. Thomas D. Gros SELF 2263 Coronet Way, N.W. Apt. Q-4 Atlanta, Georgia 30318
484. Joe W. Andrews, Jr. Home Builders Assn. of Ga. Ga. Assn. of Superior Court Clerks Ga. Jewelers Assn. Ga. Dairy Products Assn. Ga. Meat Packers Assn. Cole National Corp. Ga. Assn. of Tax Officials
485. Laura Joyce Moriarty League of Women Voters of DeKalb County 5265 Gold Valley Way Stone Mountain, Georgia
486. Mary Roberts Davis Georgia League For Land Value Taxation 1051 Mason Woods Drive Atlanta, Georgia 30329
487. Jack B. Perdue, Sr. Blue Cross and Blue Shield of Georgia-Atlanta 3348 Peachtree Road, N.E. Atlanta, Georgia 30326
488. Curtis L. Hall SELF 3102 Peek Road, N.W. Atlanta, Georgia 30318
489. Elizabeth Andrews DeKalb Board of Education DeKalb Church Women United 2668 E. McKinnon Drive Decatur, Georgia 30030
490. Reina Oostingh Life Insurance Company of Ga. 600 Peachtree Street Atlanta, Georgia 30365

FRIDAY, FEBRUARY 4, 1983

667

491. Wayne Oliver Medical Assn. of Ga. 938 Peachtree St., N.E. Atlanta, Georgia 30308
492. Charles F. Ector Unified Services 1848 Calvary Drive Gainesville, Georgia 30501
493. Joseph Burnett Unified Services Gainesville Hall County Reapportionment Committee 2205 Autumn Lane Gainesville, Georgia
494. Pete Peck W.D. Crowley's Restaurant 4609 Wieuca Road, N.E. Atlanta, Georgia 30342
495. S.T. Turnipseed SELF 993 Forrest Road, N.E. Atlanta, Georgia 30306
496. Charles L. Skinner Georgia Motor Trucking Assn. 500 Piedmont Avenue, N.E. Atlanta, Georgia 30308
497. J. R. Smith Georgia Motor Trucking Assn. 498 Rose Avenue Barnesville, Georgia
498. Bob Margolin Syntex Laboratories Inc. P.O. Box 147 Tucker, Georgia 30084
499. Dozier R. Howard DeKalb Chamber of Commerce 515 Decatur Federal Bldg. Decatur, Georgia 30030

Serving as doctor of the day today was Dr. David Rearick of Marietta, Georgia.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. Monday, February 7, and the motion prevailed.

At 11:13 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. Monday, February 7.

668

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, February 7, 1983 Twentieth Legislative Day

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

Senator Barker of the 18th reported that the Journal of the proceedings of Friday, February 4, had been read and found correct.

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

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

Mr. President:

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

HB 334. By Representatives Hasty and Anderson of the 8th:
A bill to amend an Act incorporating the City of Canton, so as to change the corporate limits thereof.

HB 364. By Representatives Home of the 103rd, Groover of the 99th and Pinkston of the 100th:
A bill to amend an Act establishing the board of commissioners of Bibb County, so as to authorize the governing authority of Bibb County to dis pose of certain property within the Lake Tobesofkee Recreation Area for the purpose of developing, operating, and maintaining hydroelectric genera tion and related facilities.

HB 43. By Representatives Thomas of the 69th, Darden of the 20th, Karrh of the 109th and others:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Anno tated, relating to motor vehicle liability and uninsured motorist insurance, so as to provide for coverage for accidents caused by unknown motorists where the unknown motorist's vehicle does not physically contact the insured's vehicle.

MONDAY, FEBRUARY 7, 1983

669

HB 44. By Representative Bray of the 91st:
A bill to amend Article 3 of Title 11 of the Official Code of Georgia Anno tated, relating to commercial paper, so as to change the provisions relating to payment or satisfaction; to provide for defenses against the assignee of a negotiable note.

HB 49. By Representative Lane of the 27th:
A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Anno tated, relating to consent for surgical or medical treatment, so as to provide breast cancer patients with a right to informed consent to certain surgical and medical procedures.

HB 71. By Representatives Johnson, Benefield and Lee of the 72nd and Isakson of the 21st:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real-estate brokers and salespersons, so as to change certain provisions relating to real-estate license fees.

HB 128. By Representatives Beck of the 148th, Pinkston of the 100th, Ramsey of the 3rd and others:
A bill to amend Chapter 4 of Title 7 of the Official Code of Georgia Anno tated, relating to interest and usury, so as to provide for higher rates of interest under certain conditions; to provide for a maximum rate of interest on certain loans.

HB 247. By Representatives Bolster of the 30th, Adams of the 36th and Johnson of the 70th:
A bill to amend Chapter 42 of Title 36, the "Downtown Development Au thorities Law," so as to change the legislative purpose.

HB 308. By Representatives Logan of the 67th, Murphy of the 18th, Williams of the 6th and others:
A bill to amend Subpart 5A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to North Georgia Col lege military scholarships, so as to provide that a student may meet the terms of a scholarship by accepting a regular army commission and serving in the United States Army upon concurrence by the Georgia Army National Guard.

HB 314. By Representatives Bray of the 91st, Darden of the 20th and Snow of the 1st:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the nonpartisan election of candidates for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court.

670

JOURNAL OF THE SENATE

HB 324. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and Daugherty of the 33rd:
A bill to amend Article 2 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, so as to provide that a public utility company may, by a deed to secure debt, embrace, cover, convey, pledge, and encumber after-acquired property in certain circumstances.

HB 325. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and Daugherty of the 33rd:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to clarify the procedure for acknowledging paternity.

HB 381. By Representatives Thomas of the 69th, Johnson of the 70th, Jackson of the 83rd and others:
A bill to amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and related criminal offenses, so as to provide that a person commits the crime of escape when he fails to return to custody or confinement after having been released on the condition that he will return.

HB 391. By Representatives Murphy of the 18th, Connell of the 87th, Karrh of the 109th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, and adult education, so as to pro vide for the State Board of Education and the commissioner of public safety to establish jointly an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle.

HB 389. By Represenative Murphy of the 18th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions pertaining to the General Assembly, so as to provide the procedure for the advertisement of notices of intention to introduce local bills.

The House has adopted by the requisite constitutional majority the following reso lution of the Senate:

SR 6. By Senators Greene of the 26th, Harris of the 27th and Barker of the 18th:
A resolution granting a temporary easement for construction purposes only and a perpetual easement for maintenance and operation of a sanitary sewer line across, over, and under property in Bibb County owned by the State of Georgia.

MONDAY, FEBRUARY 7, 1983

671

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

SB 206. By Senator Kidd of the 25th:
A bill to amend Article 4 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to participation of probationers in community service programs, so as to provide that services as a live-in attendant for a disabled person shall constitute community service under certain conditions.
Referred to Committee on Offender Rehabilitation.

SB 207. By Senator Kennedy of the 4th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia An notated, relating to staff for district attorneys, so as to provide that certain prior state employment of an assistant district attorney shall be considered as prior employment as an assistant district attorney for purposes of com puting his or her compensation.
Referred to Committee on Judiciary and Constitutional Law.

SB 208. By Senator Peevy of the 48th:
A bill to provide that the governing authority of Gwinnett County shall de termine and establish the total annual compensation to be paid to the judge of the probate court, the clerk of the superior court, the sheriff, and the tax commissioner of Gwinnett County.
Referred to Committee on Federal, State and Community Affairs.

SB 209. By Senators Gillis of the 20th and McGill of the 24th:
A bill to amend Chapter 14 of Title 2 of the Official Code of Georgia Anno tated, relating to the sale, etc., of agricultural products, so as to make it unlawful for any person to sell, package, or label any onions as "Vidalia onions" or to use the term "Vidalia" in connection with the sale of onions unless such onions were grown in the "Vidalia production area".
Referred to Committee on Agriculture.

SB 210. By Senator Timmons of the llth:
A bill to repeal an Act relating to the jurisdiction of a probate judge of Chattahoochee County and the compensation of the clerk of superior court when serving as clerk of the probate court; said Act being contingent upon the enactment of an act providing for the compensation of the superior court clerk including special provisions where 50 percent of the population resides on United States government property.
Referred to Committee on Federal, State and Community Affairs.

672

JOURNAL OF THE SENATE

SB 211. By Senator Timmons of the 1 Ith:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Chattahoochee County, known as the fee system; to provide in lieu thereof an annual salary.
Referred to Committee on Federal, State and Community Affairs.

SB 212. By Senators Garner of the 30th and Barnes of the 33rd:
A bill to amend Code Section 43-34-1 of the Official Code of Georgia Anno tated, relating to the practice of naturopathy, so as to change the provisions and definition relating to the practice of naturopathy; to provide an effective date.
Referred to Committee on Human Resources.

SB 213. By Senators Coverdell of the 40th and Scott of the 36th:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Industry and Trade, so as to create the Governor's Export Council; to provide for the composition of the council and for its duties.
Referred to Committee on Economic Development and Tourism.

SB 214. By Senator Kidd of the 25th:
A bill to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to prohibit fraudulent obtaining or attempting to obtain public housing, reduc tion in rent, or subsidies.
Referred to Committee on Judiciary and Constitutional Law.

SR 83. By Senators Starr of the 44th and Horton of the 17th:
A resolution authorizing the conveyance of certain real property located in Clayton County, Georgia.
Referred to Committee on Public Utilities.

SR 86. By Senators Land of the 16th, Lester of the 23rd, Garner of the 30th and others:
A resolution relative to the federal appeals process regarding imposition of the death penalty.
Referred to Committee on Judiciary.

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

MONDAY, FEBRUARY 7, 1983

673

HB 43. By Representatives Thomas of the 69th, Darden of the 20th, Karrh of the 109th and others:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Anno tated, relating to motor vehicle liability and uninsured motorist insurance, so as to provide for coverage for accidents caused by unknown motorists where the unknown motorist's vehicle does not physically contact the insured's vehicle.
Referred to Committee on Judiciary.

HB 44. By Representative Bray of the 91st:
A bill to amend Article 3 of Title 11 of the Official Code of Georgia Anno tated, relating to commercial paper, so as to change the provisions relating to payment or satisfaction; to provide for defenses against the assignee of a negotiable note.
Referred to Committee on Banking and Finance.

HB 49. By Representative Lane of the 27th:
A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Anno tated, relating to consent for surgical or medical treatment, so as to provide breast cancer patients with a right to informed consent to certain surgical and medical procedures.
Referred to Committee on Human Resources.

HB 71. By Representatives Johnson, Benefield and Lee of the 72nd and Isakson of the 21st:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real-estate brokers and salespersons, so as to change certain provisions relating to real-estate license fees.
Referred to Committee on Industry and Labor.

HB 128. By Representatives Beck of the 148th, Pinkston of the 100th, Ramsey of the 3rd and others:
A bill to amend Chapter 4 of Title 7 of the Official Code of Georgia Anno tated, relating to interest and usury, so as to provide for higher rates of interest under certain conditions; to provide for a maximum rate of interest on certain loans.
Referred to Committee on Banking and Finance.

HB 247. By Representatives Bolster of the 30th, Adams of the 36th and Johnson of the 70th:
A bill to amend Chapter 42 of Title 36, the "Downtown Development Au thorities Law," so as to change the legislative purpose.
Referred to Committee on Federal, State and Community Affairs (General).

674

JOURNAL OF THE SENATE

HB 308. By Representatives Logan of the 67th, Murphy of the 18th, Williams of the 6th and others:
A bill to amend Subpart 5A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to North Georgia Col lege military scholarships, so as to provide that a student may meet the terms of a scholarship by accepting a regular army commission and serving in the United States Army upon concurrence by the Georgia Army National Guard.
Referred to Committee on Higher Education.

HB 314. By Representatives Bray of the 91st, Darden of the 20th and Snow of the 1st:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the nonpartisan election of candidates for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court.
Referred to Committee on Governmental Operations.

HB 324. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and Daugherty of the 33rd:
A bill to amend Article 2 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, so as to provide that a public utility company may, by a deed to secure debt, embrace, cover, convey, pledge, and encumber after-acquired property in certain circumstances.
Referred to Committee on Judiciary.

HB 325. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and Daugherty of the 33rd:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to clarify the procedure for acknowledging paternity.
Referred to Committee on Children and Youth.

HB 381. By Representatives Thomas of the 69th, Johnson of the 70th, Jackson of the 83rd and others:
A bill to amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and related criminal offenses, so as to provide that a person commits the crime of escape when he fails to return to custody or confinement after having been released on the condition that he will return.
Referred to Committee on Judiciary.

HB 389. By Representative Murphy of the 18th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia anno tated, relating to general provisions pertaining to the General Assembly, so

MONDAY, FEBRUARY 7, 1983

675

as to provide the procedure for the advertisement of notices of intention to introduce local bills.
Referred to Committee on Rules.

HB 391. By Representatives Murphy of the 18th, Connell of the 87th, Karrh of the 109th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, and adult education, so as to pro vide for the State Board of Education and the commissioner of public safety to establish jointly an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle.
Referred to Committee on Transportation.

HB 334. By Representatives Hasty and Anderson of the 8th:
A bill to amend an Act incorporating the City of Canton, so as to change the corporate limits thereof.
Referred to Committee on Federal, State and Community Affairs.

HB 364. By Representatives Home of the 103rd, Groover of the 99th and Pinkston of the 100th:
A bill to amend an Act establishing the board of commissioners of Bibb County, so as to authorize the governing authority of Bibb County to dis pose of certain property within the Lake Tobesofkee Recreation Area for the purpose of developing, operating, and maintaining hydroelectric genera tion and related facilities.
Referred to Committee on Federal, State and Community Affairs.

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

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation 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 183. HB 260. HB 261.

Do pass. Do pass. Do pass.

HB 262. HB 263. HB 264.

Do pass. Do pass. Do pass.

Respectfully submitted, Senator Scott of the 43rd District, Chairman

676

JOURNAL OF THE SENATE

Mr. President:

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

SB 50. SB 154. SB 165.

Do pass as amended. Do pass as amended. Do pass by substitute.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 30. Do pass. SB 159. Do pass.
Respectfully submitted,
Senator Dean of the 31st District, Chairman

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

SB 40. By Senators Hudgins of the 15th and Littlefield of the 6th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to define the crime of sexual assault; to define other terms; to provide penalties.

SB 79. By Senators Trulock of the 10th, Howard of the 42nd, Stumbaugh of the 55th and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, relating to public disclosure by candidates of campaign contributions and expenditures, so as to provide for the lawful uses of campaign contribu tions and expenditures.

SB 171. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Code Section 21-3-91 of the Official Code of Georgia Anno tated, relating to filing of notices of candidacy under the "Georgia Munici pal Election Code," so as to provide that a person who ran in a municipal

MONDAY, FEBRUARY 7, 1983

677

primary and was defeated shall not be qualified to run as an independent candidate in the general election for the same municipal office.

SB 175. By Senators Gillis of the 20th, Kennedy of the 4th, English of the 21st and others:
A bill to amend Code Section 20-2-922 of the Official Code of Georgia An notated, relating to commencement dates for the public school employees health insurance plan, so as to provide that the State Personnel Board may design and conform the health insurance plan in accordance with whatever amount of funds is appropriated or otherwise made available for the health insurance plan.

SB 178. By Senator Hudgins of the 15th:
A bill to amend Code Section 49-5-10 of the Official Code of Georgia Anno tated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, so as to provide that the regional Youth Services Division program director may delegate responsibility to a designee for determining whether children who have been committed to the Depart ment of Human Resources and who have violated the conditions of supervi sion should be apprehended.

SB 179. By Senator Hudgins of the 15th:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to allow certain youths committed to the Department of Human Resources to be awarded earned-time allowances.

SB 180 By Senator Hudgins of the 15th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the juvenile court may make an order requiring a child to pay restitution for damages resulting from delinquent behavior; to provide that a restitution order may remain in force and effect simultaneously with other orders.

HB 15. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Code Section 7-1-4 of the Official Code of Georgia, relating to definitions relative to the Department of Banking and Finance and financial institutions generally, so as to change the provisions relative to the definition of the term "bank".

HB 16. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to change the provisions relating to the

678

JOURNAL OF THE SENATE

election of the Secretary of the Senate and Clerk of the House of Representatives.

HB 17. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change the provisions relating to vacancies on the State Board of Education.

HB 18. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Code Section 36-6-1 of the Official Code of Georgia Anno tated, relating to the qualifications of county treasurers, so as to provide that county treasurers shall be elected and commissioned in the same manner and at the same time as clerks of the superior courts and shall hold their offices for terms of four years.

HB 19. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Anno tated, relating to postsecondary education, so as to provide for a program for elderly citizens of this state to attend units of the university system without payment of fees with certain exceptions.

HB 20. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Industry and Trade, so as to authorize the Department of Industry and Trade to expend available funds for the business meals and incidental ex penses of certain persons.

HB 22. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Chapter 9 of Title 42 of the Official Code of Georgia Anno tated, relating to pardons and paroles, so as to change the provisions relating to the creation of the State Board of Pardons and Paroles.

HB 23. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Code Section 17-7-110 of the Official Code of Georgia An notated, relating to furnishing a copy of the indictment or accusation and list of witnesses to the accused, so as to provide that a copy of the indict ment or accusation shall be furnished to the accused without demand.

MONDAY, FEBRUARY 7, 1983

679

HB 70. By Representative Buck of the 95th:
A bill to amend Chapter 8 of Title 46 of the Official Code of Georgia Anno tated, relating to railroad companies, so as to authorize annual meetings of shareholders to be held anywhere within or without the state; to authorize the transactions of business by shareholders to be accomplished at meetings or by unanimous written consent.

HB 92. By Representative Colbert of the 23rd:
A bill to amend Code Section 16-7-24 of the Official Code of Georgia Anno tated, relating to interference with government property, so as to define gov ernment property to include the property of political subdivisions.

HB 96. By Representative Colbert of the 23rd:
A bill to amend Code Section 16-11-105, relating to the discharge of fire arms on Sunday, so as to allow the discharge of firearms on Sunday under certain circumstances.

HB 222. By Representatives Ginsberg of the 122nd, Karrh of the 109th, Thomas of the 69th and others:
A bill to amend Code Section 19-9-1 of the Official Code of Georgia Anno tated, relating to determining custody of children, so as to provide for tem porary child custody orders under certain conditions.

HR 27. By Representatives Walker of the 115th, Phillips of the 120th, Evans of the 84th and Smyre of the 92nd:
A resolution creating the Safe Dams Study Commission and authorizing a Safe Dams Technical Task Force.

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 168. By Senator McKenzie of the 14th:
A bill to amend an Act creating a board of commissioners for Macon County, as amended, so as to change the compensation of the chairman and other members of the board of commissioners of Macon County.

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

On the passage of the bill, the yeas were 50, nays 0.

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

680

JOURNAL OF THE SENATE

HB 257. By Representative Barnett of the 10th:
A bill to provide that the Forsyth County superintendent of schools shall be appointed by and serve at the pleasure of or under contract with the board of education rather than elected.

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

On the passage of the bill, the yeas were 50, nays 0.

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

HB 301. By Representatives Groover of the 99th, Birdsong of the 104th, Randall of the 101st and others:
A bill to amend an Act entitled "Macon-Water Commissioners Pension Plan", so as to redefine the definition of the word "Board" and the phrases "Board of Water Commissioners" and "The Board of Water Commissioners 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 50, nays 9.

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

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

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins

Deal Dean English Engram Fincher Foster Gillis Greene Harris Hill Hine Holloway Horton Kennedy Kidd

Land Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate

MONDAY, FEBRUARY 7, 1983

681

Thompson Timmons

Trulock Turner

Tysinger Walker

Those not answering were Senators:

Coverdell Garner

Harrison (excused) Howard

Hudgins Summers (deceased)

Senator Brown of the 47th introduced the chaplain of the day, Reverend Samuel Gray, pastor of Bio Baptist Church, Hartwell, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:

SR 84. By Senator Tysinger of the 41st: A resolution commending George Bernard Maloof.

SR 85. By Senator Tysinger of the 41st:
A resolution commending Mr. James T. McRaney and inviting him to ap pear before the Senate.

SR 87. By Senator Broun of the 46th: A resolution commending Mrs. Virginia Whitehead.

Senator Broun of the 46th introduced Mrs. Virginia Whitehead, Assistant Athletic Director for Tickets and Financial Operations of the University of Georgia Department of Athletics, who addressed the Senate briefly.

SENATE RULES CALENDAR
Monday, February 7, 1983
TWENTIETH LEGISLATIVE DAY
SB 53 Travelers' Convenience Act--provide (SUBSTITUTE) (Trns--25th)
SB 78 Superior Court Judges--change procedure for review of sentences (SUBSTITUTE) (J&CL--10th)
SB 98 Marriage License Blood Tests--delete certain tests (SUBSTITUTE) (Hum R--42nd)
SB 102 Institutional License to Practice Medicine--prohibit or renew certain ones (AMENDMENT) (Hum R--42nd)
SB 146 State Employees--outstanding wage payment to surviving spouse, children (I&L--12th)

682

JOURNAL OF THE SENATE

SB 150 Torts--physician not liable under certain circumstances (SUBSTI TUTE) (Hum R--42nd)
SB 156 Trial Record Transcripts--payment for preparation (AMEND MENT) (Judy--35th)
SB 157 Junior Colleges--payments by board of regents to local operating au thorities (H Ed--43rd)
SR 5 Joint No-Fault Insurance Study Committee--create (AMEND MENT) (In.--28th)
SR 24 Asbestos-Containing Materials in State Buildings--evaluate, identify (Hum R--42nd)
SR 41 Study Committee on the Handicapped Preschooler--create (Hum R--5th)
SR 42 Roger H. Lawson Memorial Bridge--designate (Trns--19th)
HB 159 Medical Education Board--continue existing board (H Ed--54th)
SB 148 Probation--remove certain limits on community service as condition (Off R--42nd)
SB 73 Superior Court Clerks--change retirement provisions (SUBSTI TUTE/AMENDMENT) (Ret--25th)
Respectfully submitted,
/s/ Dean of the 31st, Chairman Senate Rules Committee

Senator Bowen of the 13th introduced the doctor of the day, Dr. Joe Christmas, of Vienna, Georgia.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

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

SB 53. By Senator Kidd of the 25th:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the safety, comfort, and conveneince of travelers; to provide for a short title.

The Senate Committee on Transportation offered the following substitute to SB 53:

A BILL TO BE ENTITLED AN ACT
To amend Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale of petroleum products, brake fluid,

MONDAY, FEBRUARY 7, 1983

683

and antifreeze, so as to require any retail motor fuel outlet which does not provide rest room facilities to inform the public of the absence of such facili ties; to define certain terms; to provide requirements for signs; to provide for a civil penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale of petroleum products, brake fluid, and antifreeze, is amended by adding between Code Sections 10-1-164 and 10-1-165 a new Code section, to be designated Code Section 10-1-164.1, to read as follows:
"10-1-164.1. (a) As used in this Code section, the term:

(1) 'Motor fuel' means a source of energy used for the propulsion of motor vehicles and includes, but is not limited to, all products commonly or commercially known or sold as gasoline.

(2) 'Motor vehicle' means any self-propelled machine or mechanical contrivance using motor fuel as a source of energy for propulsion.

(3) 'Person' means any person, firm, association, or corporation.

(4) 'Retail motor fuel outlet' means any person selling motor fuel to the public at retail for consumption and not for resale.

(b) On and after September 1, 1983, any existing retail motor fuel outlet which does not provide rest room facilities for the convenience of customers shall be required to inform potential customers of the absence of rest room facilities by placing at least one sign in the window of the business establishment, on which sign shall be printed in block letters not less than four inches in height and one inch in width the words 'NO REST ROOMS.' Such signs shall be clearly visible to persons entering the business establishment."
Section 2. Said article is further, amended by striking in its entirety Code Section 10-1-165, relating to civil penalties, and inserting in lieu thereof a new Code Section 10-1-165 to read as follows:
"10-1-165. Any person violating any provision of:

(1) This part relating to the inspection and sale of gasoline, ker osene, and other petroleum products; or

(2) Code Section 10-1-164 providing for the regulation of signs ad vertising the price of motor fuel which are displayed by retailers of motor fuel; or

684

JOURNAL OF THE SENATE

(3) Code Section 10-1-164.1 requiring retail motor fuel outlets to notify potential customers of the absence of rest room facilities; or

(4) Any rule, regulation, or standard promulgated or adopted by the Commissioner of Agriculture or the Department of Agriculture under the provision of any of the above shall be liable to a civil penalty not to exceed $1,000.00 for such violation. The Commissioner, after a hearing, shall determine whether any person has violated this Code section and upon a proper finding may issue his order imposing a civil penalty as provided in this Code section. All hearings and proceedings under this Code section shall be held and taken under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' "

Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 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 Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Fincher Foster Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Kidd Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Engram

Land

Stumbaugh

MONDAY, FEBRUARY 7, 1983

685

Those not voting were Senators:

Brown of 47th Garner

Harrison (excused) Kennedy (presiding)

Summers (deceased)

On the passage of the bill, the yeas were 48, nays 3.

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

SB 78. By Senators Trulock of the 10th, Perry of the 7th and Turner of the 8th:
A bill to amend Article 1 of Chapter 10 of Title 17, relating to procedure for sentencing and punishment, so as to change the procedure for review of sentences by a panel of superior court judges; to provide that certain sentences shall not be reviewable; to provide for all related matters; to pro vide an effective date.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 78:

A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 10 of Title 17, relating to procedure for sentencing and punishment, so as to change the procedure for review of sentences by a panel of superior court judges; to provide that certain sentences shall not be reviewable; to provide for all related matters; 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. Article 1 of Chapter 10 of Title 17, relating to procedure for sentencing and punishment, is amended by striking Code Section 17-10-6, relating to sentence review panels, and inserting in its place a new Code section to read as follows:
"17-10-6. (a) In any case, except cases in which the death penalty is imposed, in which a sentence of five or more years of incarceration, or several consecutive sentences which total five or more years of incarcera tion, has been fixed and imposed by a judge, without a jury, the defen dant shall have the right to have the sentence or sentences reviewed by a panel of three superior court judges to determine whether the sentence or sentences so imposed are excessively harsh. Consideration shall be given in the review to the nature of the crime for which the defendant has been convicted and to the defendant's prior criminal record. Any defendant seeking a review of such sentence or sentences shall make application therefor within 30 days of the date on which the sentence was imposed

686

JOURNAL OF THE SENATE

by a judge of the superior court or after the remittitur from the Court of Appeals or Supreme Court affirming the conviction is made the judgment of the sentencing court, whichever occurs last. The application shall be filed with the clerk of the superior court in which the sentence was im posed. Upon the filing of an application the clerk shall transmit the same to the three-judge panel created under this Code section within ten days of the date on which the application was filed. For such service, the clerk shall receive the fees prescribed in Code Section 15-6-77 from the funds of the county, except where the clerk is on a salary. It shall be the duty of the judge imposing the sentence and any probation officer to transmit, within ten days of the filing of an application for review of a sentence, a copy of any presentence or post-sentence report prepared by the proba tion officer, including the record of the defendant, to the three-judge panel.

(b) For the purpose of reviewing sentences, as provided by this Code section, there is created a panel of three superior court judges, to be ap pointed by the superior court judge then serving as president of the Council of Superior Court Judges. Judges so appointed shall serve for a term of three months and until their successors are duly appointed and qualified. Judges so appointed shall receive their actual expenses incurred in the performance of their duties on the panel but shall receive no addi tional compensation. The expenses shall be paid from funds appropriated to, or otherwise available to, the judicial branch of state government. The panel shall be furnished offices, supplies, materials, and secretarial assis tance required for the performance of their duties by the state. The panel shall meet at the state capital at such times as may be required for the review of sentences, provided that all applications for review of sentences shall be heard within three months from the date on which they are filed. No judge appointed to a panel shall review a sentence which he has im posed on the trial of the case in the superior court or participate in any such review. If such a case is brought before the panel, the president of the Council of Superior Court Judges shall have the authority to appoint an additional superior court judge as a member of the panel for the re view of the case.

(c) The three-judge panel provided for by this Code section shall have the authority to review sentences upon application of the defendants in such cases. In the review of the sentences the defendant and the dis trict attorney shall have the right to present written argument relative to the sentence imposed and the harshness or justification thereof. If, in the opinion of the panel, the sentence imposed by the trial judge is too harsh or severe in light of all of the circumstances surrounding the case and the defendant, and in light of the defendant's past history, the panel shall have the authority to issue an order reducing the sentence originally im posed by the trial judge. The panel shall not have the authority, however, to reduce any sentence to probation or to suspend any sentence. The panel shall not be required to file written opinions but shall file a copy of any order or remittitur reducing a sentence with the superior court which originally imposed the sentence.

MONDAY, FEBRUARY 7, 1983

687

(d) The reduction of a sentence or the refusal to reduce a sentence by the panel shall not be reviewable. The provisions for review of sentences provided by this Code section shall not be deemed to affect the right to appeal or any practices, procedures, or time limitations relative to appeals to appellate courts. A defendant shall not have the right to file more than one application for a review of a sentence, and any order is sued by the panel reducing or refusing to reduce any sentence covered by an application shall be binding on the defendant and the superior court which imposed the sentence.

(e) This Code section shall not apply to:

(1) Cases in which the death penalty is imposed;

(2) Sentences imposed in misdemeanor cases or cases in which a life sentence is imposed for murder;

(3) A negotiated sentence, documented as such on the face of the sentence, which provides for the defendant to be incarcerated for less than ten years; and

(4) Sentences where all confinement is probated, unless said pro bated sentence is revoked and the remainder of the sentence at the time of said revocation is five years or longer.

(f) Counties shall not be required to send more than one copy of any document required by the sentence review panel when application is made for sentence review."
Section 2. This Act shall become effective July 1, 1983, and shall apply to sentences entered on or after July 1, 1983.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Greene of the 26th offered the following amendment:
Amend the substitute to SB 78 offered by the Senate Committee on Judiciary and Constitutional Law by adding a subsection (5) to section (e) on Page 4 to read as follows:
"(5) Any sentence that does not exceed the minimum sentence re quired by law for the crime for which the defendant has been sentenced."

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

688

JOURNAL OF THE SENATE

On the adoption of the substitute, the yeas were 43, 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 Barker Bowen Brannon Brantley Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Gillis Greene Harris
Hill Hine Holloway Horton Howard Hudgins Land Lester Littlefield McGill

McKenzie Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh
T1 uatl*C*
Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Barnes Bond

Brown of 47th Kidd

Peevy

Those not voting were Senators:

Garner Harrison (excused)

Kennedy (presiding)

Summers (deceased)

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

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

MONDAY, FEBRUARY 7, 1983

689

SB 98. By Senator Howard of the 42nd:
A bill to amend Code Section 19-3-40 of the Official Code of Georgia Anno tated, relating to blood tests required for marriage licenses, so as to delete certain requirements regarding serologic tests for syphilis.

The Senate Committee on Human Resources offered the following subsitute to SB 98:

A BILL TO BE ENTITLED AN ACT
To repeal specifically Code Section 19-3-40, relating to blood tests re quired for marriage licenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 19-3-40, relating to blood tests required for marriage licenses, which reads as follows:
"19-3-40. (a) For the purpose of this Code section, the term 'stan dard serologic test for syphilis' means a test for syphilis approved by the Department of Human Resources.

(b) (1) Each person who applies for a marriage license shall present to the judge of the probate court a certificate signed by a physician li censed pursuant to Chapter 34 of Title 43 or licensed in any state or United States territory to practice medicine and surgery, which certifi cate shall state that the applicant for a marriage license has been given a standard serologic test for syphilis and that, in the opinion of the physi cian, the applicant is not infected with syphilis or, if so infected, is not in a stage of that disease which is or may become communicable. The stan dard serologic test for syphilis of both the man and woman applying for a marriage license shall be made within 30 days prior to the application for the license. If the applicant is unable to pay for the standard serologic test for syphilis, the certificate may be obtained from the local health officer or county physician without charge, provided that this provision shall not apply to the charge for serologic tests for sickle cell anemia under paragraph (2) of this subsection or for the counseling provided for
in such paragraph.

(2) The physician's certificate required of each person who applies for a marriage license shall contain a provision stating that the applicant has been offered a standard serologic test for sickle cell anemia as well as counseling directed to inform the applicant that a carrier of the inherita ble hemoglobin type of sickle cell anemia may convey to his offspring the sickle cell anemia trait or the disease sickle cell anemia. The cost of the serologic test for sickle cell anemia and the counseling shall be paid by the applicant unless adequate state appropriations or federal aid is avail able for the cost of the test and counseling. In the event there are no such

690

JOURNAL OF THE SENATE

funds available, the charge to each applicant for the test and counseling provided by the Department of Human Resources or county board of health shall not exceed $1.00.

(3) The certificate of each female applicant, except a female incapa ble of pregnancy, shall also state that based upon the results of a stan dard serologic test the applicant has been found to be either immune or not immune, as the case may be, to rubella and that the applicant has been counseled concerning the possibilities of birth defects occurring to children of mothers who contract rubella during the early stages of preg nancy and informed of the availability of immunization procedures to prevent the contraction of rubella.

(4) Every resident of this state who leaves this state, is married outside of this state, and returns within 60 days shall, within 60 days after he returns to this state, file with the judge of the probate court of the county in which he lives a certificate showing that he has complied with paragraphs (1) through (3) of this subsection.

(c) The following exceptions may be made to the requirements of paragraph (1) of subsection (b) of this Code section:

(1) When the female on whose behalf an application for a marraige license is made presents an affidavit by a physician to the effect that she is pregnant, the judge of the probate court of the county where the appli cation for marriage is made is empowered and authorized to issue a li cense even if one or both parties to the marriage contract have syphilis in a communicable stage, provided that both parties are made aware of the case; and provided, further, that the applicant or applicants also sign an agreement to begin immediately and continue treatment for the infection until cured or released for a period of observation;

(2) When the standard serologic test for syphilis is positive and both applicants are made aware that a syphilitic infection is present, a certifi cate may be issued and a marriage license granted to the applicant with syphilis who has been treated so as to render the disease noncommunicable by such methods and under such treatment and for such period of time as may be approved by the Department of Human Resources, pro vided the applicant signs an agreement to continue the treatment until cured or released for a period of observation.

(d) The certificate of the physician shall be on a form to be provided and distributed by the Department of Human Resources or by the state health departments of other states having laws requiring a blood test for syphilis and similar certification by a physician licensed to practice medicine as required by this Code section and approved by the Depart ment of Human Resources.

MONDAY, FEBRUARY 7, 1983

691

(e) The certificates shall be filed by the judge of the probate court. The certificates may be destroyed by the judge after the certificates have been on file for a period of at least one year after the date of filing.

(0 When an applicant has been refused a license to marry by reason of paragraph (1) of subsection (b) of this Code section, the applicant shall have the right to appeal to the superior court in the county wherein the applicant resides within 60 days after the refusal. The superior court judge is empowered to hear an applicant's appeal in a summary way at any place in his judicial circuit without the intervention of a jury. The aggrieved party shall submit to the court the laboratory examination re ports that are material to the hearing of the appeal. If, after hearing expert medical testimony, in the opinion of the court the applicant is free of syphilis or is not in a stage of the disease which may become commu nicable, the court shall order the licensing authority to issue a license to the person to marry, provided all other requirements of the law regulat ing the issuance of marriage licenses are complied with. A certified copy of the court's order shall be filed with the licensing authority issuing the license to marry and shall be accepted in lieu of any and all other certifi cates required under this Code section.

(g) Persons found by the standard serologic test provided for in par agraph (1) of subsection (b) of this Code section to be infected with syphilis shall be subject to Chapter 17 of Title 31.

(h) Any judge of the probate court who issues a marriage license to any person, male or female, who fails to present and file a certificate, as required by subsection (b) of this Code section, and any applicant for a marriage license or any physician who knowingly and willfully makes any false statement in any certificate given by the physician under this Code section or any person who violates any of the provisions of this Code section shall be guilty of a misdemeanor.",
is repealed in its entirety.
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

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

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

692

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell

Dawkins Dean English Engram Fincher Gillis Greene Harris Hill Hine Holloway Howard Hudgins Kidd Land

Lester Littlefield McGill McKenzie Peevy Perry Phillips Starr Tate Thompson Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Deal Foster Horton

Scott of 2nd Scott of 36th

Scott of 43rd Stumbaugh

Those not voting were Senators:

Garner Harrison (excused)

Kennedy (presiding) Summers (deceased)

Timmons

On the passage of the bill, the yeas were 44, nays 7.

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

The President resumed the Chair.

SB 102. By Senator Howard of the 42nd:
A bill to amend Code Section 43-34-33 of the Official Code of Georgia An notated, relating to institutional licenses to practice medicine, so as to pro hibit the further issuance of institutional licenses to practice medicine but to authorize the renewal of certain such licenses.

The Senate Committee on Human Resources offered the following amendment:
Amend SB 102 by striking from line 23 of Page 1 the following: "all".

MONDAY, FEBRUARY 7, 1983

693

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

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins
Kennedy Kidd Land Lester Littlefield

McGill McKenzie
Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons
Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Bowen

Garner Harrison (excused)

Summers (deceased)

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 146. By Senators Holloway of the 12th and Kidd of the 25th:
A bill to amend Code Section 34-7-4 of the Official Code of Georgia Anno tated, relating to payment of outstanding wages to surviving spouse or minor children by certain employers, so as to eliminate the maximum amount which can be paid to the surviving spouse or minor children of state employees.

694

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Not voting were Senators Harrison (excused) and Summers (deceased).

On the passage of the bill, the yeas were 54, nays 0.

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

SB 150. By Senator Howard of the 42nd:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions regarding torts, so as to provide that no physician shall be liable for any injury resulting from the administering of medicine pursuant to any state mandated program, where the recipient of such medicine experiences any adverse reaction to such medicine.

The Senate Committee on Human Resources offered the following substitute to SB 150:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 1 of Title 51 of the Official Code of Georgia Anno-

MONDAY, FEBRUARY 7, 1983

695

tated, relating to general provisions regarding torts, so as to provide that no physician, physician's assistant, or registered professional nurse shall be lia ble for any injury resulting from the administering of medicine pursuant to any state mandated program, where the recipient of such medicine ex periences any adverse reaction to such medicine, if the physician, physician's assistant, or registered professional nurse exercises a reasonable degree of care and skill in the administering of such medicine; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions regarding torts, is amended by adding a new Code section immediately following Code Section 51-1-27, to be desig nated Code Section 51-1-27.1, to read as follows:
"51-1-27.1. No physician, physician's assistant, or registered profes sional nurse shall be liable for any injury resulting from the administer ing of medicine pursuant to any state mandated program, where the re cipient of such medicine experiences any adverse reaction to such medicine, if the physician, physician's assistant, or registered professional nurse exercises a reasonable degree of care and skill in the administering of such medicine."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Howard of the 42nd moved that SB 150 be committed to the Senate Committee on Human Resources.

On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 150 was committed to the Senate Committee on Human Resources.

SB 156. By Senator Coggin of the 35th:
A bill to amend Code Section 15-6-80 of the Official Code of Georgia Anno tated, relating to the payment of costs for transcripts of the trial record, so as to provide that an estimated cost of the preparation of a transcript of the record shall be prepared and paid prior to preparing the record of trial.

The Senate Committee on Judiciary offered the following amendment: Amend SB 156 by striking from line 4 of Page 2 the following: "five",
and inserting in its place the following: "15".

696

JOURNAL OF THE SENATE

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

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb
Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Gillis Greene Harris Hine Holloway Horton Howard Hudgins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Ty singer Walker

Those not voting were Senators:

Garner

Hill

Harrison (excused)

Summers (deceased)

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

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

SB 157. By Senator Scott of the 43rd:
A bill to amend Article 4 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to junior colleges, so as to change provisions relative to payments by the board of regents to certain local operating authorities.

MONDAY, FEBRUARY 7, 1983

697

Senator Scott of the 43rd moved that SB 157 be postponed until Thursday, Febru ary 10.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 157 was postponed until Thursday, February 10.

The following general resolutions of the Senate, favorably reported by the commit tees, were read the third time and put upon their adoption:

SR 5. By Senators Cobb of the 28th, Hill of the 29th and Bowen of the 13th: A resolution creating the Joint No-Fault Insurance Study Committee.

The Senate Committee on Insurance offered the following amendment:
Amend SR 5 by striking lines 18 through 25 on page 1, which read as follows:
"NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint No-Fault Insurance Study Committee which shall be composed of three members from the Senate Committee on Insurance and three members from the Senate Committee on Public Safety to be appointed by the President of the Senate and three members from the House of Representatives Com mittee on Insurance and three members from the House Committee on Public Safety to",
and inserting in lieu thereof new lines 18 through 25 to read as follows:
"NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint No-Fault Insurance Study Committee which shall be composed of three members from the Senate Committee on Insurance, three members from either the Senate Committees on Judiciary or Judiciary and Constitutional Law, three members from the Senate at large to be appointed by the President of the Senate, and three members from the House of Representatives Committee on Insurance, three members from either the House Commit tees on Judiciary or Special Judiciary, and three members from the House at large to".
By adding on line 4 of page 3, immediately preceding the words "The committee", the following new sentence:
"The chairman of the committee shall be appointed by the President of the Senate and the vice-chairman of the committee shall be appointed by the Speaker of the House."

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

698

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton
Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Hudgins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Harrison (excused)

Howard

Summers (deceased)

On the adoption of the resolution, the yeas were 52, nays 0.

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

SR 24. By Senator Howard of the 42nd:
A resolution urging that all state departments and agencies perform certain functions in regard to asbestos-containing materials.

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

MONDAY, FEBRUARY 7, 1983

699

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 Brannon Brantley Brown of 47th Burton Cobb Coggin Coverdell Dawkins Deal Dean English Engram Fincher

Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land tester Littlefield

McGil! Peevy Perry Phillips Scott of 36th Scott of 43rd Starr Stumbaugh
TI oaLfpC
Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Bryant

Coleman

Scott of 2nd

Those not voting were Senators:

Bond Bowen

Broun of 46th Harrison (excused)

McKenzie Summers (deceased)

On the adoption of the resolution, the yeas were 47, nays 3.

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

SR 41. By Senator Burton of the 5th:
A resolution creating the Study Committee on the Handicapped Preschooler.

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

700

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Greene Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land

Lester McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Harris Harrison (excused)

Littlefield McKenzie

Summers (deceased) Timmons

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

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

SR 42. By Senators Walker of the 19th, Bowen of the 13th, Gillis of the 20th and others:
A resolution designating the Roger H. Lawson Memorial Bridge.

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 Burton

Cobb Coggin Coleman
Coverdell Dawkins

MONDAY, FEBRUARY 7, 1983

701

Deal Dean English Engram Fincher
Srner
Gillis Greene Harris Hill Hine

Holloway Horton Howard Hudgins Kennedy
Land
Lester McGill McKenzie Peevy Perry

Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr
|tu m b.gh
late Thompson Turner Tysinger Walker

Those not voting were Senators:

Brannon Harrison (excused)

Littlefield Summers (deceased)

Timmons Trulock

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

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

The following general bill of the Senate, having been read the third time on Feb ruary 4 and postponed until February 7, was put upon its passage:

SB 148. By Senator Howard of the 42nd:
A bill to amend Code Section 42-8-72 of the Official Code of Georgia Anno tated, relating to community service as a condition of probation for certain offenders, so as to remove certain limitations on court orders of community service as a condition of probation.

Senator Howard of the 42nd moved that SB 148 be committed to the Senate Committee on Offender Rehabilitation.

On the motion, the yeas were 43, nays 0; the motion prevailed, and SB 148 was committed to the Senate Committee on Offender Rehabilitation.

The following general bill of the Senate, having been read the third time on Feb ruary 4 and postponed until February 7, was put upon its passage:

SB 73. By Senator Kidd of the 25th:
A bill to amend Article 5 of Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits, disability benefits, spouses benefits, etc., so as to change the provisions relating to retirement

702

JOURNAL OF THE SENATE

benefits for clerks of the superior court and their spouses who are receiving
benefits under this article or who may become eligible for benefits in the future.

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 Loyce Turner, Chairman

Senate Retirement Committee

FROM:

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

DATE:

January 17, 1983

SUBJECT: Fiscal Note - Senate Bill 73 (LC 10 5519) Superior Court Clerks' Retirement Fund

This Bill would increase monthly benefits paid to retirees from $26 per year of service to $30 per year of service. The monthly benefits paid to retir ees with 20 years of service would be increased from $520 to $600. The
benefits for 16 years' service would be increased from $416 to $480. The benefits for 12 years' service would be increased from $312 to $360. These increases would become effective April 1, 1983.

In an actuarial report dated October 1, 1982, the Fund's actuary indi cated that the Fund could support an increase in benefits to $30 per year of service. While the annual revenue from fines, forfeitures, lawsuits, and deeds required to fund this level of benefits would increase from $423,711 to $628,522, the anticipated contributions from these sources is $792,000 per year. In fiscal years 1980 and 1981 the contributions from these sources were $770,586 and $741,863, respectively.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

The Senate Committee on Retirement offered the following substitute to SB 73:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 14 of Title 47 of the Official Code of Georgia Anno tated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to provide for a charge for all civil cases filed in any court in which a

MONDAY, FEBRUARY 7, 1983

703

superior court clerk is clerk of the court; to change the provisions relating to retirement benefits for clerks of the superior court and their spouses who are receiving benefits under this article or who may become eligible for benefits in the future; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 14 of Title 47 of the Official Code of Georgia Anno tated, relating to the Superior Court Clerks' Retirement Fund of Georgia, is amended by striking in its entirety subsection (a) of Code Section 47-14-51, relating to payments to the fund from fees charged and collected in certain actions, and inserting in lieu-thereof a new subsection (a) to read as follows:
"(a) In addition to all other legal costs, the sum of $1.00 shall be charged and collected in each civil suit, action, case, or proceeding filed in the superior courts or in any other court of this state in which a clerk of the superior court is clerk, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by a per sonal representative for leave to sell or reinvest, trade name registration, applications for change of name, and all other proceedings of a civil na ture, filed in the superior courts or other such courts."
Section 2. Said chapter is further amended by striking in their entirety subsections (a), (b), (c), (d), and (e) of the Code Section 47-14-70, relating to eligibility for retirement benefits, and inserting in lieu thereof new subsec tions (a), (b), (c), (d), and (e) to read as follows:
"(a) A member with at least 20 years of service shall receive retire ment benefits of $600.00 per month upon retirement, provided that at least 12 years of such service shall have been served as a clerk, and the member must have served continuously as a clerk for the four years im mediately preceding his retirement. Subject to the restrictions set out in this subsection, in computing such service, a member also may include service as a deputy clerk of the superior court and not more than four years of service as a member of the armed forces of the United States on active duty during any period of time in which the United States was engaged in an armed conflict, regardless of whether a state of war had been declared by Congress, provided that no service as a member of the armed forces of the United States shall be deemed as service for purposes of obtaining retirement benefits under this chapter if such service has or will be used in the determination of the member's eligibility for retire ment benefits or allowances from any other state or federal retirement program, excluding social security. A clerk of the superior court may not include service for eligibility purposes for years in which the clerk has not completed the training requirements set out in paragraph (1) of sub section (c) of Code Section 15-6-50.

(b) If a member is eligible to retire under subsection (a) of this Code section but does not retire and continues to serve as clerk, he shall be entitled to receive, upon retirement, the amount to which he would have been entitled under subsection (a) of this Code section; and, in ad dition, for each year of service beyond the required 20 years, he shall

704

JOURNAL OF THE SENATE

receive an additional 5 percent of the amount he would be entitled to under subsection (a) of this Code section.

(c) In lieu of the retirement benefits provided in subsections (a) and (b) of this Code section, a member, upon retirement, may elect to receive 80 percent of the benefits he is entitled to receive under subsections (a) and (b) during the remainder of his life; and, after the member's death, the member's surviving spouse shall receive a monthly sum during the lifetime of the surviving spouse equal to 50 percent of the amount which the member would have received had he elected the full benefits provided under subsections (a) and (b) of this Code section. In order to be eligible for such benefits, the surviving spouse must have been married to the member for at least six years immediately preceding the member's death. Such benefit shall not commence until after the surviving spouse reaches 55 years of age.

(d) A member with at least 16 years of service either as a clerk or deputy clerk shall receive retirement benefits of $480.00 per month upon retirement, provided that at least eight years of such service shall have been served as a clerk, and the member must have served continuously as a clerk for the four years immediately preceding his retirement. No other type of service shall be counted toward such retirement benefit.

(e) A member with at least 12 years of service either as a clerk or deputy clerk shall receive retirement benefits of $360.00 per month upon retirement, provided that at least eight years of such service shall have been served as a clerk, and the member must have served continuously as a clerk for the four years immediately preceding his retirement. No other type of service shall be counted toward such retirement benefit."
Section 3. Said chapter is further amended by striking in its entirety Code Section 47-14-71, relating to eligibility for disability benefits, and in serting in lieu thereof a new Code Section 47-14-71 to read as follows:
"47-14-71. Notwithstanding any other provisions of this chapter to the contrary, a member may retire after completing 16 years of credita ble service if he becomes totally and permanently disabled after com mencing service as a clerk. Any such clerk shall be entitled to receive retirement benefits in the amount of $600.00 per month. All questions relating to the degree and nature of the total and permanent disability suffered by the clerk shall be determined by the board."
Section 4. Said chapter is further amended by striking in its entirety Code Section 47-14-74, relating to application of certain increases in bene fits to benefits paid to surviving spouses, and inserting in lieu thereof a new Code Section 47-14-74 to read as follows:
"47-14-74. The increases in retirement benefits resulting from changes made in this chapter prior to January 1, 1983, and the increases in retirement benefits resulting from changes made in this chapter during calendar year 1983 shall also be used in the computation of any retire-

MONDAY, FEBRUARY 7, 1983

705

ment benefits allowed a surviving spouse of a deceased clerk pursuant to the terms of this chapter."
Section 5. Said chapter is further amended by striking in its entirety Code Section 47-14-75, relating to eligibility for benefit increases enacted on April 1, 1981, and inserting in lieu thereof a new Code Section 47-14-75 to read as follows:
"47-14-75. Any other provisions of this chapter to the contrary not withstanding, each member who retired prior to April 1, 1983, and all members who have ceased their service as clerks but have not yet reached retirement age shall receive benefits under this chapter in the same amount as a member with the same number of years of service would receive if such member retired on April 1, 1983. This Code section shall not reduce the amount of any benefits which a retired member or the spouse of a deceased member is receiving on March 31, 1983. The increased benefits provided by Code Section 47-14-71 and subsections (a), (d), and (e) of Code Section 47-14-70 shall be paid to retired mem bers and spouses of deceased members, effective on April 1, 1983."
Section 6. This Act shall become effective April 1, 1983.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The following fiscal note, as required by the Rules of the Senate, was read by the Secretary:

Department of Audits Trinity-Washington Building
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Loyce Turner, Chairman

Senate Retirement Committee

FROM:

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

DATE:

January 28, 1983

SUBJECT: Fiscal Note - Senate Bill 73 (Substitute) LC 10 5601S Superior Court Clerks' Retirement Fund

This Bill would provide for a $1.00 fee to be collected for each civil suit, action, case, or proceeding filed in any court of this state in which a clerk of the superior court is clerk. This fee would be remitted to the Supe rior Court Clerks' Retirement Fund. Currently, the fee is collected only in the state's superior courts. This Bill would also increase monthly benefits paid to retirees from $26 per year of service to $30 per year of service. The monthly benefits paid to retirees with 20 years of service would increase

706

JOURNAL OF THE SENATE

from $520 to $600. The benefits for retirees with 16 years' service would increase from $416 to $480. The benefits for retirees with 12 years' service would increase from $312 to $360. These increases would become effective April 1, 1983.
By collecting the $1.00 fee in any court in which a superior court clerk serves as clerk, the fund would have realized an additional $23,523 in fiscal year 1981. In an actuarial report dated October 1, 1982, the fund's actuary indicated that the fund could support an increase in benefits to $30 per year of service at current contribution levels. While the annual revenue from fines, forfeitures, lawsuits, and deeds required to fund this level of benefits would increase from $423,711 to $628,522, the anticipated contributions from these sources is $792,000 per year under existing legislation. In fiscal years 1980 and 1981 the contributions from these sources were $770,586 and $741,863, respectively.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

Senator Kidd of the 25th offered the following amendment:
Amend the Senate Committee on Retirement substitute to SB 73 by adding in the title on line 5 of Page 1, immediately preceding the words "to change", the following:
"to provide a charge for the processing of instruments pertaining to real estate;".
By striking in its entirety Section 1, beginning on line 13 of Page 1, which reads as follows:
"Section 1. Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, is amended by striking in its entirety subsection (a) of Code Section 47-14-51, relating to payments to the fund from fees charged and collected in certain actions, and inserting in lieu thereof a new subsection (a) to read as follows:

'(a) In addition to all other legal costs, the sum of $1.00 shall be charged and collected in each civil suit, action, case, or proceeding filed in the superior courts or in any other court of this state in which a clerk of the superior court is clerk, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by a per sonal representative for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of a civil na ture, filed in the superior courts or other such courts.'",
and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, is amended by striking in its entirety Code Section 47-14-51,

MONDAY, FEBRUARY 7, 1983

707

relating to payments to the fund from fees charged and collected in cer tain actions, and inserting in lieu thereof a new Code Section 47-14-51 to read as follows:

'47-14-51. (a) In addition to all other legal costs, the sum of $1.00 shall be charged and collected in each civil suit, action, case, or proceed ing filed in the superior courts or in any other court of this state in which
a clerk of the superior court is clerk, including, without limiting the gen erality of the foregoing, all adoptions, charters, certiorari, applications by
a personal representative for leave to sell or reinvest, trade name registra tions, applications for change of name, and all other proceedings of a civil nature, filed in the superior courts or other such courts.

(b) In addition to all other legal costs, the sum of 500 shall be charged and collected in addition to any other fee or costs for the processing of all instruments pertaining to real estate filed in the superior courts.

(c) The clerks of the superior courts shall collect the fees provided for in subsections (a) and (b) of this Code section and the fees so col lected shall be remitted to the board on a quarterly basis or at such time as the board may provide. It shall be the duty of the clerks of the supe rior courts to keep accurate records of the amounts due the board under this Code section and such records may be audited by the board at any time. The sums remitted to the board under this Code section shall be used for the purposes provided in this Chapter.'"

The following fiscal note, as required by the Rules of the Senate, was read by the Secretary:

Department of Audits Trinity-Washington Building
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Loyce Turner, Chairman

Senate Retirement Committee

FROM:

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

DATE:

February 4, 1983

SUBJECT: Fiscal Note - Floor Amendment to Substitute to Senate Bill 73 (AM 10 0009) Superior Court Clerks' Retirement Fund

The floor amendment version of this Bill would provide for a $1.00

708

JOURNAL OF THE SENATE

filing fee to be collected for each civil suit, action, case, or proceeding filed in any court of this state in which a clerk of the superior court is clerk. This fee would be remitted to the Superior Court Clerks' Retirement Fund and the fee is collected only in the state's superior courts. This version also re quires the collection of $0.50 for 'processing' instruments pertaining to real estate filed in the superior courts. This charge presently applies only to the 'recording' of such instruments. This Bill would also increase monthly bene fits paid to retirees from $26 per year of service to $30 per year of service. The monthly benefits paid to retirees with 20 years of service would increase from $520 to $600. The benefits for retirees with 16 years' service would increase from $416 to $480. The benefits for retirees with 12 years' service would increase from $312 to $360. These increases would become effective April 1, 1983.
By collecting the $1.00 filing fee in any court in which a superior court clerk serves as clerk, the fund would have realized an additional $23,523 in fiscal year 1981. The collection of $0.50 for processing real estate instru ments would result in increased revenues, however, since the number of real estate processes for which the fee will be charged cannot be predicted, the amount of revenue increases cannot be estimated. In an actuarial report dated October 1, 1982, the fund's actuary indicated that the fund could support an increase in benefits to $30 per year of service at current contribu tion levels. While the annual revenue from fines, forfeitures, lawsuits, and deeds required to fund the additional benefits would increase from $423,711 to $628,522, the anticipated contributions from existing sources is $792,000 per year under present legislation. In fiscal years 1980 and 1981 the contri butions from these sources were $770,586 and $741,863, respectively.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

Senator Peevy of the 48th moved that he be excused from voting on SB 73, stating that he had a personal interest in the results.

On the motion, the yeas were 46, nays 0; the motion prevailed, and Senator Peevy of the 48th was excused from voting on SB 73.

On the adoption of the amendment offered by Senator Kidd of the 25th to the substitute to SB 73 offered by the Senate Committee on Retirement, the yeas were 42, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted as amended.

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

MONDAY, FEBRUARY 7, 1983

709

On 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 Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land

Lester McGill McKenzie Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Harrison (excused) Littlefield

Peevy (excused)

Summers (deceased)

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

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

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

HB 159. By Representatives Coleman of the 118th and Buck of the 95th:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to cre ate the State Medical Education Board as the successor to and a continua tion of the heretofore existing State Medical Education Board.
Senate Sponsor: Senator Fincher of the 54th.

Senator English of the 21st offered the following amendment: Amend HB 159 by striking from line 6 of Page 1 the following:

710

JOURNAL OF THE SENATE

"Board", and inserting in lieu thereof the following:
"Board and by adding one member to the heretofore existing board".
By striking from line 6 of Page 2 the following: "five",
and inserting in lieu thereof the following: "six".
By adding on line 9 of Page 2 after the following: "Georgia,",
the following: "one of whom shall be the president of the Georgia Osteopathic
Medical Association;".

Senator Bond of the 39th offered the following amendment:
Amend HB 159 as follows:
By striking the word "five" where it appears in line 6 on Page 2 and inserting in lieu thereof the word "six".
By inserting in line 9 on Page 2 between the word and comma "Geor gia," and the word "and" the following:
"one of whom shall be the president of the Georgia State Medical Association,".
By inserting at the end of line 20 on Page 2 immediately following the word "Georgia" the following:
"and the president of the Georgia State Medical Association".
By striking the word "Three" where it appears in line 30 on Page 2 and inserting in lieu thereof the word "Four".

Senator English of the 21st moved that HB 159 be placed on the Table.

Senator Fincher of the 54th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow.

Senator Allgood of the 22nd offered the following amendment:

MONDAY, FEBRUARY 7, 1983

711

Amend the motion offered by Senator Fincher of the 54th by striking "9:30" and substituting "10:00" in lieu thereof.

On the motion offered by Senator Allgood of the 22nd, the yeas were 48, nays 0; the motion prevailed, and the motion offered by Senator Fincher of the 54th was amended.

On the motion offered by Senator Fincher of the 54th, the yeas were 49, nays 0; the motion prevailed, and the motion offered by Senator Fincher of the 54th was adopted as amended.

At 12:30 o'clock P.M., the President announced the Senate adjourned, pursuant to the motion previously adopted, until 10:00 o'clock A.M. tomorrow.

712

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, February 8, 1983
Twenty-first Legislative Day

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

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

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

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

Mr. President:

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

HB 6. By Representative Richardson of the 52nd:
A bill to amend Chapter 8 of Title 37 of the Official Code of Georgia Anno tated, relating to treatment of alcoholics and intoxicated persons, so as to delay the effective date of certain articles in that chapter.

HB 104. By Representatives Parham of the 105th and Atkins of the 21st:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to authorize the exclusion from controlled substances schedules of certain nonnarcotic substances.

HB 138. By Representatives Walker of the 115th, Smyre of the 92nd and Evans of the 84th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to the Teachers Retirement System of Georgia, so as to au thorize a retired teacher to elect to return to service as a classroom aide or substitute teacher and still receive retirement benefits.

TUESDAY, FEBRUARY 8, 1983

713

HB 139. By Representatives Walker of the 115th, Smyre of the 92nd and Evans of the 84th:
A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to delete certain provisions with regard to prohibited activities of the counsel.

HB 254. By Representative Greer of the 39th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic in general, so as to modify the definition of the term "school bus".

HB 288. By Representatives Walker of the 115th, Rainey of the 135th, Dover of the 11th and others:
A bill to amend Code Section 27-2-4 of the Official Code of Georgia Anno tated, relating to legal weapons for hunting wildlife, so as to allow qualified handicapped individuals to use crossbows for hunting; to make the use of silencers illegal.

HB 330. By Representatives Wood of the 9th, Hays of the 1st and Padgett of the 86th:
A bill to amend Code Section 43-12-2 of the Official Code of Georgia Anno tated, relating to the qualifications and submission of satisfactory evidence in order to peddle, conduct business, or practice the professions or semiprofessions without paying for a license, so as to provide that certain additional veterans shall not be required to pay for licenses.

HB 395. By Representatives Phillips of the 125th, Hamilton of the 124th, Triplett of the 128th and others:
A bill to amend an Act incorporating the City of Tybee Island, so as to change the provisions relating to the governing body of said city.

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

SB 215. By Senator Cobb of the 28th:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, known as "The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act," so as to change the definition of certain terms.
Referred to Committee on Public Safety.

714

JOURNAL OF THE SENATE

SB 216. By Senators Horton of the 17th, Engram of the 34th and Garner of the 30th:
A bill to amend Part 2 of Article 5 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to licenses to sell distilled spirits by the drink, so as to prohibit sales of drinks on a two-for-one basis or other similar basis.
Referred to Committee on Consumer Affairs.

SB 217. By Senator Phillips of the 9th:
A bill to amend Part 2 of Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to purposes and powers of electric membership corporations, so as to provide that, with regard to the location of power substations, electric membership corporations shall conform to lo cal zoning plans and ordinances.
Referred to Committee on Public Utilities.

SB 218. By Senator Brannon of the 51st:
A bill to provide for minimum compensation for certain county officers of Gordon County; to provide for definitions; to provide for qualifications; to provide for other matters relative to the foregoing; to provide an effective date.
Referred to Committee on Federal, State and Community Affairs.

SB 219. By Senators Phillips of the 9th and Peevy of the 48th:
A bill to amend an Act relating to education districts for the election of members of the Board of Education of Gwinnett County, so as to provide for new and different districts and the election of members therefrom; to provide for all related matters; to provide effective dates.
Referred to Committee on Federal, State and Community Affairs.

SB 220. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state debt, investment, and depositories, so as to change the requirement that at least one signature on public securities be manually subscribed.
Referred to Committee on Banking and Finance.

SB 221. By Senator Howard of the 42nd:
A bill to amend an Act providing a supplement to the compensation, ex penses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change that supplement for certain pur poses and to delete certain references to Rockdale County; to provide an effective date.
Referred to Committee on Federal, State and Community Affairs.

TUESDAY, FEBRUARY 8, 1983

715

SB 222. By Senator Howard of the 42nd:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to county and municipal corporations, so as to provide for additional requirements for the installation of grates on public roadways which are widened, repaired, or altered by counties or municipalities.
Referred to Committee on Federal, State and Community Affairs (General).

SB 223. By Senators Land of the 16th, Holloway of the 12th, Thompson of the 32nd and others:
A bill to amend Code Section 40-5-121 of the Official Code of Georgia An notated, relating to driving with a suspended license, so as to change the penalty to be imposed for driving with a suspended license and revoked for certain convictions.
Referred to Committee on Judiciary and Constitutional Law.

SB 224. By Senators Phillips of the 9th, Barnes of the 33rd and Greene of the 26th:
A bill to amend Code Section 51-2-6 of the Official Code of Georgia Anno tated, relating to liability for injuries caused by animals, so as to change the conditions under which owners and keepers of animals are liable for injuries caused by their animals.
Referred to Committee on Judiciary and Constitutional Law.

SB 225. By Senator Engram of the 34th:
A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Anno tated, relating to consent for surgical or medical treatment, so as to provide that a patient or any person or entity designated by the patient may be provided with the patient's health records.
Referred to Committee on Human Resources.

SB 226. By Senator Engram of the 34th:
A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment in criminal cases, so as to direct judges to include as a part of sentences of confinement a statement of witnesses against and victims of the defendant who shall be notified of the future release of the defendant.
Referred to Committee on Offender Rehabilitation.

SB 227. By Senator Allgood of the 22nd:
A bill to provide that the governing authority of Richmond County shall be a board of commissioners consisting of nine members; to provide that the board of commissioners shall also exercise the rights, powers, and duties of the City of Augusta as the governing authority of said city; to designate the

716

JOURNAL OF THE SENATE

board as the commission-council of Richmond County and the City of Augusta.
Referred to Committee on Federal, State and Community Affairs.

SB 228. By Senator Stumbaugh of the 55th:
A bill to amend Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to codes of ethics for and conflicts of interest on the part of public officers and employees, so as to define terms.
Referred to Committee on Governmental Operations.

SR 88. By Senator Kidd of the 25th:
A resolution relative to the Stop Drugs at the Source Petition and Treaty campaigns.
Referred to Committee on Human Resources.

SR 89. By Senator Hine of the 52nd:
A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia, to Mr. and Mrs. Frank J. Baia, Jr.
Referred to Committee on Public Utilities.

SR 90. By Senator Timmons of the 11th: A resolution concerning recent acts of violence against nonstriking truckers.
Referred to Committee on Public Safety.

SR 91. By Senators Coverdell of the 40th and Scott of the 36th:
A resolution authorizing and directing the Small Business Subcommittee of the Senate Committee on Economic Development and Tourism to study matters relating to governmental contracts with Georgia small businesses.
Referred to Committee on Economic Development and Tourism.

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

HB 6. By Representative Richardson of the 52nd:
A bill to amend Chapter 8 of Title 37 of the Official Code of Georgia Anno tated, relating to treatment of alcoholics and intoxicated persons, so as to delay the effective date of certain articles in that chapter.
Referred to Committee on Human Resources.

TUESDAY, FEBRUARY 8, 1983

717

HB 104. By Representatives Parham of the 105th and Atkins of the 21st:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to authorize the exclusion from controlled substances schedules of certain nonnarcotic substances.
Referred to Committee on Human Resources.

HB 138. By Representatives Walker of the 115th, Smyre of the 92nd and Evans of the 84th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to the Teachers Retirement System of Georgia, so as to au thorize a retired teacher to elect to return to service as a classroom aide or substitute teacher and still receive retirement benefits.
Referred to Committee on Retirement.

HB 139. By Representatives Walker of the 115th, Smyre of the 92nd and Evans of the 84th:
A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to delete certain provisions with regard to prohibited activities of the counsel.
Referred to Committee on Consumer Affairs.

HB 254. By Representative Greer of the 39th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic in general, so as to modify the definition of the term "school bus".
Referred to Committee on Transportation.

HB 288. By Representatives Walker of the 115th, Rainey of the 135th, Dover of the 11th and others:
A bill to amend Code Section 27-2-4 of the Official Code of Georgia Anno tated, relating to legal weapons for hunting wildlife, so as to allow qualified handicapped individuals to use crossbows for hunting; to make the use of silencers illegal.
Referred to Committee on Natural Resources and Environmental Quality.

HB 330. By Representatives Wood of the 9th, Hays of the 1st and Padgett of the 86th:
A bill to amend Code Section 43-12-2 of the Official Code of Georgia Anno tated, relating to the qualifications and submission of satisfactory evidence in order to peddle, conduct business, or practice the professions or semiprofessions without paying for a license, so as to provide that certain additional veterans shall not be required to pay for licenses.
Referred to Committee on Defense and Veterans Affairs.

718

JOURNAL OF THE SENATE

HB 395. By Representatives Phillips of the 125th, Hamilton of the 124th, Triplet! of the 128th and others:
A bill to amend an Act incorporating the City of Tybee Island, so as to change the provisions relating to the governing body of said city.
Referred to Committee on Federal, State and Community Affairs.

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

Mr. President:

The Committee on Banking and Finance has had under consideration the follow ing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 131. SB 161. SB 162.

Do not pass. Do pass. Do pass.

SB 166. Do pass. SB 196. Do pass.

Respectfully submitted,

Senator Lester of the 23rd District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 60. Do pass by substitute. SB 164. Do pass.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Federal State and Community Affairs has had under consider ation the following bill of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 187. Do pass by substitute.

TUESDAY, FEBRUARY 8, 1983

719

HB 220. Do pass.

Respectfully submitted, Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 121. Do pass by substitute.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 200. Do pass.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following resolution and bill of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 64. Do pass. SB 186. Do pass.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Offender Rehabilitation has had under consideration the fol lowing bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

720

JOURNAL OF THE SENATE

SB 206. SR 69. HB 173.

Do pass. Do pass as amended. Do pass.
Respectfully submitted,
Senator Garner of the 30th District, Chairman

Mr. President:

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

SB 9. SB 191. SB 194.

Do pass. Do pass. Do pass.

SR 52. Do pass. SR 53. Do pass. SR 54. Do pass.

Respectfully submitted, Senator Timmons of the llth District, Chairman

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

SB 30. By Senator Dean of the 31st:
A bill to amend Code Section 28-4-1 of the Official Code of Georgia Anno tated, relating to the Legislative Services Committee, so as to change a com mittee name; to provide an effective date.

SB 154. By Senator Lester of the 23rd:
A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Anno tated, relating to accountants, so as to clarify certain matters relating to the board membership; to delete the residency requirement for certified public accountants and registered public accountants.

SB 159. By Senator Dean of the 31st:
A bill to amend Code Section 28-3-1 of the Official Code of Georgia Anno tated, relating to the election and compensation of doorkeepers and messen gers, so as to delete the provisions relating to the doorkeeper and messenger for the Senate; to provide for a sergeant-at-arms for the Senate; to provide an effective date.

TUESDAY, FEBRUARY 8, 1983

721

SB 165. By Senator Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to form of registration cards; to provide for absentee voter registration by persons outside of the United States.

SB 183. By Senator Dean of the 31st:
A bill to amend an Act reincorporating the City of Rockmart and creating a new charter for said city, as amended, so as to increase the maximum fine which may be imposed by the recorder of the City of Rockmart for viola tions of laws or ordinances and for contempt.

HB 260. By Representative Ware of the 77th:
A bill to amend an Act to create the office of commissioner of Heard County, so as to change the compensation of the commissioner.

HB 261. By Representative Ware of the 77th:
A bill to amend an Act placing the Clerk of the Superior Court of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the clerk of the superior court.

HB 262. By Representative Ware of the 77th:
A bill to amend an Act placing the sheriff of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the com pensation of the sheriff.

HB 263. By Representative Ware of the 77th:
A bill to amend an Act consolidating the offices and duties of tax receiver and tax collector of Heard County into the single office of tax commissioner of Heard County, so as to change the compensation of the tax commissioner.

HB 264. By Representative Ware of the 77th:
A bill to amend an Act placing the judge of the probate court of Heard County on an annual salary in lieu of a fee system of compensation, so as to change the compensation of the judge of the probate court of Heard County.

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

Allgood Barker Barnes Bond Bowen Brannon

Brantley Brown of 47th Bryant Burton Cobb Coggin

Coleman Coverdell Dawkins Deal Dean English

722

JOURNAL OF THE SENATE

Engram Fincher Garner Greene Harris HHiilnl e
Holloway
Horton Howard

Hudgins Kennedy Kidd tester Littlefield MMccGKielnl zie
Peevy
Perry Phillips

Scott of 2nd Scott of 36th Scott of 43rd Starr " T'uhompson
Timmons
Trulock Walker

Those not answering were Senators:

Broun of 46th Foster Gillis

Harrison (excused) Land Stumbaugh

Summers (deceased) Turner Tysinger

Senator English of the 21st introduced the chaplain of the day, Reverend M. F. Price, pastor of the First Baptist Church, Midville, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 92. By Senator Coverdell of the 40th:
A resolution commending the Junior Leagues of Georgia and the public af fairs representatives of the Junior Leagues of Georgia.

SR 93. By Senator Kennedy of the 4th: A resolution recognizing Durell Lynn.

SENATE RULES CALENDAR

Tuesday, February 8, 1983

TWENTY-FIRST LEGISLATIVE DAY

HB 159 SB 40 SB 50 SB 79 SB 171

Medical Education Board--continue existing board (AMEND MENTS) (H Ed--54th)--(UNFINISHED BUSINESS--2/7/83)
Crime of Sexual Assault--define (AMENDMENT) (Judy--15th)
Coroner's Training Council--create (AMENDMENT) (Gov Op--51st)
Campaign Contributions and Expenditures--provide for lawful uses (SUBSTITUTE) (Gov Op--10th)
Person Defeated in Municipal Primary--not run as independent in general election (FS&CA-G--2nd)

TUESDAY, FEBRUARY 8, 1983

723

SB 175 SB 178 SB 179 SB 180 HB 15 HB 16 HB 17 HB 18 HB 19 HB 20 HB 22 HB 23 HB 70 HB 92 HB 96 HB 222 HR 27

Public School Employees Health Insurance Plan--funds (Gov Op--20th)
Commitment of Delinquent Child to Department of Human Re sources--determining apprehension (C&Y--15th)
Youths Committed to Department of Human Resources--earnedtime allowance (C&Y--15th)
Juvenile--pay restitution for damages from delinquent behavior (C&Y--15th)
Banking and Finance Department--definition of "bank" (Judy--49th)
Secretary of Senate and Clerk of House--election provisions (Judy--49th)
Board of Education--change provisions on vacancies (Judy--49th)
County Treasurers--election (SUBSTITUTE) (Judy--49th)
Elderly--attend university system without fees with certain exceptions (Judy---49th)
Industry and Trade Department--expend funds for certain persons' business meals (Judy--49th)
Board of Pardons and Paroles--change provisions on creation (Judy--49th)
Accused--copy of indictment furnished without demand (Judy--49th)
Railroad Companies--annual meetings of shareholders (Pub U--43rd)
Government Property--include property of political subdivisions (Judy--49th)
Firearm Discharge on Sunday--allow under certain circumstances (Judy--49th)
Child Custody--temporary orders under certain conditions (C&Y--15th)
Safe Dams Study Commission--create (NREQ--20th)

Respectfully submitted,
/s/ Dean of the 31st, Chairman Senate Rules Committee

The following general bill of the House, having been read the third time and put upon its passage on February 7 when action was suspended by an adopted motion to adjourn, was continued upon its passage:

HB 159. By Representatives Coleman of the 118th and Buck of the 95th:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to ere-

724

JOURNAL OF THE SENATE

ate the State Medical Education Board as the successor to and a continua tion of the heretofore existing State Medical Education Board.
Senate Sponsor: Senator Fincher of the 54th:

Senator English of the 21st asked unanimous consent to withdraw the amendment offered by him on February 7, and the consent was granted.

Senator Bond of the 39th offered the following amendment: Amend HB 159 as follows:

By striking the word "five" where it appears in line 6 on Page 2 and inserting in lieu thereof the word "seven".
By inserting in line 9 on Page 2 between the word and comma "Geor gia," and the word "and" the following:
"one of whom shall be the president of the Georgia State Medical Association, one of whom shall be the president of the Georgia Osteopathic Association,".
By inserting at the end of line 20 on Page 2 immediately following the word "Georgia" the following:
", the president of the Georgia State Medical Association, and the president of the Georgia Osteopathic Association".
By striking the word "Three" where it appears in line 30 on Page 2 and inserting in lieu thereof the word "Four".

On the adoption of the amendment, Senator Fincher of the 54th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bryant Burton Cobb Coggin Coleman Dean

English Engram Garner Gillis Greene Harris Kennedy Littlefield McKenzie

Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Trulock Walker

Those voting in the negative were Senators:

Allgood Brannon Brantley

Broun of 46th Brown of 47th Coverdell

Dawkins Deal Fincher

Foster Mine Howard Hudgins

TUESDAY, FEBRUARY 8, 1983

725

Kidd Land Lester McGill

Peevy Thompson Tysinger

Those not voting were Senators:

Bowen Harrison (excused) Hill

Holloway Horton Starr

Summers (deceased) Timmons Turner

On the adoption of the amendment, the yeas were 27, nays 20, and the amend ment was adopted.

Since the amendment offered today by Senator Bond of the 39th was adopted, the amendment offered by Senator Bond of the 39th on February 7 was ruled moot.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Howard Hudgins Kennedy Land

Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Trulock Tysinger Walker

Voting in the negative were Senators Kidd and Thompson.

726

JOURNAL OF THE SENATE

Those not voting were Senators:

Bowen Harrison (excused) Hill

Horton Starr Summers (deceased)

Timmons Turner

On the passage of the bill, the yeas were 46, nays 2.

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

Senator Holloway of the 12th introduced the doctor of the day, Dr. Kelvin Lane, of Albany, Georgia.

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

SB 40. By Senators Hudgins of the 15th and Littlefield of the 6th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to define the crime of sexual assault; to define other terms; to provide penalties.
The Senate Committee on Judiciary offered the following amendment:
Amend SB 40 by striking in its entirety subsection (b), beginning on line 23 of Page 1, which reads as follows:
"(b) A person commits sexual assault when he intentionally subjects another person to sexual contact who is in the custody of law or detained in a hospital or other institution and such actor has supervisory or disci plinary authority over such other person. A person convicted of sexual assault shall be punished by imprisonment for not less than one nor more than three years.",
and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A person commits sexual assault when he engages in sexual contact with another person who is in the custody of law or who is de tained in or is a patient in a hospital or other institution and such actor has supervisory or disciplinary authority over such other person. A person convicted of sexual assault shall be punished by imprisonment for not less than one nor more than three years."
On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

TUESDAY, FEBRUARY 8, 1983

727

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes
Bond
Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Howard Hudgins Kennedy Kidd

Land Lester Littlefield McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Walker

Those not voting were Senators:

Bowen Bryant Harrison (excused) Hill

Horton McKenzie Scott of 43rd Summers (deceased)

Thompson Trulock 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.

The following general bill of the Senate, having been read the third time on Janu ary 31 and referred to the Senate Committee on Governmental Operations, and favora bly reported by the committee, was put upon its passage:

SB 50. By Senator Brannon of the 51st:
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 Train ing Council; to provide a short title; to define certain terms; to provide for the membership of the council.

728

JOURNAL OF THE SENATE

The Senate Committee on Governmental Operations offered the following amendment:
Amend SB 50 by striking in its entirety subsection (f), beginning on line 19 of Page 3, which reads as follows:
"(f) The members of the council shall receive no salary but shall be reimbursed for their reasonable and necessary expenses actually incurred in the performance of their functions; provided, however, that such ex penses shall not exceed those allowed to members of the General Assembly.",
and inserting in lieu thereof the following:
"(0 Each member of the council shall receive the same expense al lowance as that received by members of the General Assembly and the same mileage allowance for the use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier within the state. Expense vouchers submitted by members of the council are subject to approval of the chairman of the council."
By striking from line 17 of Page 4 the following:
"each person certified as such shall",
and inserting in lieu thereof the following:
"beginning January 1, 1985, and continuing thereafter, each coroner shall".

On the adoption of the amendment, the yeas were 36, nays 1, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin

Coleman Coverdell Dawkins Deal Dean English Foster Garner Gillis Harris Hine Holloway

Horton Hudgins Kennedy Kidd Land Lester Littlefield McGill Peevy Perry Phillips Scott of 2nd

TUESDAY, FEBRUARY 8, 1983

729

Scott of 36th Scott of 43rd Starr

Tate Thompson Timmons

Trulock Tysinger Walker

Those voting in the negative were Senators:

Barnes

Engram

Stumbaugh

Those not voting were Senators:

Fincher Greene Harrison (excused)

Hill Howard McKenzie

Summers (deceased) Turner

On the passage of the bill, the yeas were 45, nays 3.

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

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

Mr. President:

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

HB 135. By Representatives Evans of the 84th, Smyre of the 92nd and Walker of the 115th:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Anno tated, relating to bonds and recognizances, so as to provide that certain offenses will not be bailable.

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

HB 135. By Representatives Evans of the 84th, Smyre of the 92nd and Walker of the 115th:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Anno tated, relating to bonds and recognizances, so as to provide that certain offenses will not be bailable.
Referred to Committee on Judiciary.

730

JOURNAL OF THE SENATE

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

SB 79. By Senators Trulock of the I Oth, Howard of the 42nd, Stumbaugh of the 55th and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, relating to public disclosure by candidates of campaign contributions and expenditures, so as to provide for the lawful uses of campaign contribu tions and expenditures.

The Senate Committee on Governmental Operations offered the following substi tute to SB 79:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, relating to public disclosure by candidates of campaign contributions and expenditures, so as to provide for the lawful uses of campaign contribu tions and expenditures; to make it unlawful to use campaign contributions and expenditures except as expressly provided; to provide for the disposition of contributions upon the death of the candidate or officeholder; to provide for other matters relative thereto; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, relating to public disclosure by candidates of campaign contributions and expenditures, is amended by adding immediately following Code Sec tion 21-5-10.1 a new Code Section 21-5-10.2 to read as follows:
"21-5-10.2. (a) It shall be unlawful and a violation of this chapter for any candidate or any person elected to any office provided for in Code Section 21-5-2 or any campaign committee of such candidate or office holder to use or expend contributions or to accept expenditures except for the following purposes:
(1) To defray ordinary and necessary expenses, including but not limited to the repayment of personal or campaign committee loans, in curred in connection with the candidate's or officeholder's campaign for elective office or incurred in connection with any other activity which bears a reasonable relationship to the candidate's or officeholder's politi cal, legislative, or governmental functions, duties, or responsibilities;
(2) To repay on a pro rata basis those who made contributions or expenditures;
(3) To make contributions to the treasury of the State of Georgia or any political subdivisions thereof;
(4) To make contributions to any nonprofit or charitable organiza-

TUESDAY, FEBRUARY 8, 1983

731

lion which is exempt from taxation under the federal Internal Revenue Code of 1954, as now or hereafter amended;
(5) To make contributions to a political party;
(6) To make contributions to other political candidates or officehold ers not to exceed $1,000.00 per calendar year; or
(7) To retain in a separate escrow account for use in future cam paigns for elective office.
(b) Contributions shall not constitute personal assets of the candi date or officeholder. Upon the death of any candidate for any state office or any officeholder of any state office, any such contributions not previ ously used or expended shall be transferred to the treasury of the State of Georgia. Upon the death of any candidate for any office of a political subdivision of this state or any officeholder of any office of a political subdivision of this state, any such contribution not previously used or ex pended shall be transferred to the treasury of the political subdivision."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Trulock of the 10th offered the following amendment:
Amend the substitute to SB 79 offered by the Senate Committee on Governmental Operations by adding on Page 2, line 19, after the figure "$1,000.00" the words "per candidate or office holder".

Senator Kidd of the 25th offered the following amendment:
Amend the substitute to SB 79 offered by the Senate Committee on Governmental Operations as follows:
Add a new Section 1A to immediately follow Section 1 at the end of line 34, Page 2 to read as follows:
"Section 1A. Said Act is further amended by adding a new Section 21-5-10.3 to read as follows:
'21-5-10.3. Provided however the provisions contained in Chapter 510.2 of this Title shall apply only to campaign funds which are received on or after the effective date of this amendment.' "

Senator Kidd of the 25th moved that SB 79 be committed to the Senate Commit tee on Governmental Operations.

On the motion, the yeas were 33, nays 8; the motion prevailed, and SB 79 was committed to the Senate Committee on Governmental Operations.

732

JOURNAL OF THE SENATE

The following resolutions of the Senate were read and adopted:

SR 95. By Senator Barker of the 18th:
A resolution recognizing Bobbie Diane Eakes and inviting her to appear before the Senate.

Senator Barker introduced Miss Georgia, Diane Eakes, to the Senate.

SR 97. By Senators Gillis of the 20th and Scott of the 43rd:
A resolution commending Mrs. Robert M. Lord, Sr., on her ninety-fifth birthday.

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

SB 171. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Code Section 21-3-91 of the Official Code of Georgia Anno tated, relating to filing of notices of candidacy under the "Georgia Munici pal Election Code," so as to provide that a person who ran in a municipal primary and was defeated shall not be qualified to run as an independent candidate in the general election for the same municipal office.

Senator Scott of the 2nd offered the following substitute to SB 171:

A BILL TO BE ENTITLED AN ACT
To amend Code Section 21-3-91 of the Official Code of Georgia Anno tated, relating to filing notices of candidacy under the "Georgia Municipal Election Code," so as to provide that candidates nominated by nomination petition shall file their notices of candidacy by not later than the last date for filing for party nomination or for filing for nonpartisan nomination in the case of nonpartisan primaries; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 21-3-91 of the Official Code of Georgia Anno tated, relating to filing notices of candidacy under the "Georgia Municipal Election Code," is amended by striking subsection (a) of said Code section in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Each candidate except a candidate nominated by nomination petition provided for in subsection (f) of this Code section or his designee shall file notice of his candidacy in the office of the municipal superinten dent of his municipality at least 22 but not more than 52 days prior to

TUESDAY, FEBRUARY 8, 1983

733

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 speci fied, then by municipal ordinance. If a run-off primary is held, each can didate 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 qualifi cation deadline prescribed in this subsection. Notice of the opening and closing dates for candidates to qualify shall be published by the gov erning authority in a newspaper of general circulation in the municipality at least ten days and not more than 30 days prior to the first date for qualifying."
Section 2. Said Code section is further amended by striking subsection (f) which reads as follows:
"(0 Candidates not having been nominated in a party primary may also be required to accompany notice of candidacy with a nominating petition if the municipality's charter or ordinance so requires.",
in its entirety and substituting in lieu thereof a new subsection (0 to read as follows:
"(0 In the case of candidates nominated by nomination petition pur suant to Code Section 21-3-100, the last date for filing notice of candi dacy shall be the same as the last date for filing for party nomination as provided in subsection (a) of Code Section 21-3-98, or, in the event a nonpartisan primary election is held, the last date for filing notice of can didacy by nomination petition shall be the same as the last date for filing notice of candidacy for the nonpartisan primary as provided in Code Sec tion 21-3-103. A notice of candidacy by a nominating petition shall be accompanied by the nominating petition."
Section 3. 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, was agreed to by substitute.

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes

Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th

734

JOURNAL OF THE SENATE

Bryant Burton Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner

Greene Harris Hine Holloway
Horton
Howard Hudgins Kennedy Kidd Land Littlefield McKenzie Peevy

Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Thompson Timmons Trulock Tysinger Walker

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Cobb Gillis Harrison (excused)

Hill Lester McGill

Summers (deceased) Turner

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

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

SB 175. By Senators Gillis of the 20th, Kennedy of the 4th, English of the 21st and others:
A bill to amend Code Section 20-2-922 of the Official Code of Georgia An notated, relating to commencement dates for the public school employees health insurance plan, so as to provide that the State Personnel Board may design and conform the health insurance plan in accordance with whatever amount of funds is appropriated or otherwise made available for the health insurance plan.

Senator Stumbaugh of the 55th offered the following amendment:
Amend SB 175 by striking "conform its" on line 16 through "insurance plan." on line 20 and inserting in lieu thereof the following:
"present it to the appropriation committees of the House and Senate by January 1, 1984, so various levels of funding may be considered by the General Assembly."

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

TUESDAY, FEBRUARY 8, 1983

735

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 Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land tester

Littlefield McGill McKenzie
Peevy
Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Timmons Trulock Tysinger Walker

Those not voting were Senators:

Barker Bowen

Harrison Summers

Thompson 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.

Senator Gillis of the 20th moved that SB 175 be immediately transmitted to the House.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 175 was immediately transmitted to the House.

SB 178. By Senator Hudgins of the 15th:
A bill to amend Code Section 49-5-10 of the Official Code of Georgia Anno tated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, so as to provide that the regional Youth

736

JOURNAL OF THE SENATE

Services Division program director may delegate responsibility to a designee for determining whether children who have been committed to the Depart ment of Human Resources and who have violated the conditions of supervi sion should be apprehended.

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

On 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 Brown of 47th Bryant
Burton
Cobb
Coggin
Coverdell Dawkins Deal Dean

English Engrain Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Hudgins Kennedy tester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Timmons Trulock Tysinger Walker

Those not voting were Senators:

Broun of 46th Coleman Harrison (excused)

Howard Kidd Land

Summers (deceased) Thompson Turner

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

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

SB 179. By Senator Hudgins of the 15th:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to allow certain youths committed to the Department of Human Resources to be awarded earned-time allowances.

TUESDAY, FEBRUARY 8, 1983

737

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

On 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 Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal English

Engram
Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd

Land Lester McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Tysinger

Those not voting were Senators:

Barker Broun of 46th Dean Harrison (excused)

Littlefield McKenzie Summers (deceased)

Timmons Turner Walker

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

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

SB 180. By Senator Hudgins of the 15th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the juvenile court may make an order requiring a child to pay restitution for damages resulting from delinquent behavior; to provide that a restitution order may remain in force and effect simultaneously with other orders.

Senator Hudgins of the 15th offered the following amendment:
Amend SB 180 by striking from Section 1 on line 25 of Page 3 the word "officer" and inserting in lieu thereof the word "employee".

738

JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal

English Engram Fincher Foster Gillis Harris Hill Hine Holloway Horton Hudgins Kennedy Kidd Land

Lester McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Trulock Tysinger Walker

Those not voting were Senators:

Bond Brannon Broun of 46th Dean Garner

Greene Harrison (excused) Howard
Littlefield McKenzie

Starr Summers (deceased) Timmons Turner

On the passage of the bill, the yeas were 42, nays 0.

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

HB 15. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Code Section 7-1-4 of the Official Code of Georgia, relating to definitions relative to the Department of Banking and Finance and financial institutions generally, so as to change the provisions relative to the definition of the term "bank".
Senate Sponsor: Senator Deal of the 49th.

TUESDAY, FEBRUARY 8, 1983

739

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

On 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 Brown of 47th
Bryant
Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd

Land Lester Littlefield McGill Peevy Perry Phillips Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Tysinger Walker

Those not voting were Senators:

Barker Brannon Broun of 46th Harrison (excused)

McKenzie Scott of 2nd Starr

Summers (deceased) Trulock Turner

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

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

HB 16. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to change the provisions relating to the election of the Secretary of the Senate and Clerk of the House of Representatives.
Senate Sponsor: Senator Deal of the 49th.

740

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 Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Harris Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Lester

McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Tysinger Walker

Those not voting were Senators:

Barker Bond Broun of 46th Greene

Harrison (excused) Land Littlefield

McKenzie Summers (deceased) Turner

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

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

HB 17. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change the provisions relating to vacancies on the State Board of Education.
Senate Sponsor: Senator Deal of the 49th.

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

TUESDAY, FEBRUARY 8, 1983

741

On 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 Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal
Dean English

Fincher Foster Garner Gillis
Greene Hill Hine Holloway Horton Howard Kennedy Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Timmons Trulock Tysinger Walker

Those not voting were Senators:

Barker Brannon Broun of 46th Dawkins

Engram Harris Harrison (excused) Hudgins

Summers (deceased) Thompson Turner

On the passage of the bill, the yeas were 45, nays 0.

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

HB 18. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Code Section 36-6-1 of the Official Code of Georgia Anno tated, relating to the qualifications of county treasurers, so as to provide that county treasurers shall be elected and commissioned in the same manner and at the same time as clerks of the superior courts and shall hold their offices for terms of four years.
Senate Sponsor: Senator Deal of the 49th.
The Senate Committee on Judiciary offered the following substitute to HB 18:

A BILL TO BE ENTITLED AN ACT
To amend Code Section 36-1-1 of the Official Code of Georgia Anno tated, relating to the qualifications of county treasurers, so as to provide that county treasurers shall be elected and commissioned in the same manner

742

JOURNAL OF THE SENATE

and at the same time as clerks of the superior courts and shall hold their offices for terms of four years; to provide that the General Assembly, by local law, may abolish the office of county treasurer in any county and may fix the compensation of the county treasurer; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 36-6-1 of the Official Code of Georgia Anno tated, relating to the qualifications of county treasurers, is amended by designating the present language of said Code section as subsection (a) thereof and by adding at the end thereof a new subsection (b) to read as follows:
"(b) County treasurers shall be elected and commissioned in the same manner and at the same time as clerks of the superior courts and shall hold their offices for terms of four years. The General Assembly, by local law, may abolish the office of county treasurer in any county and may fix the compensation of the county treasurer."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen 5rantleyf A-, u Brown of 47th
Eon Cobb Coggin
Coleman Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Sree"C Hams
Klne Holloway Horton
Howard Kennedy Kidd Land Lester

Littlefield McGill Peevy Perry Phillips Scott of 2nd Scott of 36th
5-t of 43rd ~tarr Stumbaugh
Tate Timmons Trulock Tysinger Walker

TUESDAY, FEBRUARY 8, 1983

743

Those not voting were Senators:

Brannon Broun of 46th Coverdell

Harrison (excused) Hudgins McKenzie

Summers (deceased) Thompson Turner

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

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

HB 19. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Anno tated, relating to postsecondary education, so as to provide for a program for elderly citizens of this state to attend units of the university system without payment of fees with certain exceptions.
Senate Sponsor: Senator Deal of the 49th.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land

tester Littlefield McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Tysinger

744

JOURNAL OF THE SENATE

Those not voting were Senators:

Bond Brannon Broun of 46th

Harrison (excused) McKenzie Summers (deceased)

Turner Walker

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

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

HB 20. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Industry and Trade, so as to authorize the Department of Industry and Trade to expend available funds for the business meals and incidental ex penses of certain persons.
Senate Sponsor: Senator Deal of the 49th.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal English

Engram Foster Garner Gillis Greene Harris Hill Hine Horton Howard Kennedy Kidd Land Lester Littlefield McGill

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Tysinger Walker

TUESDAY, FEBRUARY 8, 1983

745

Those not voting were Senators:

Brannon Broun of 46th Dean

Fincher Harrison (excused) Holloway

Hudgins Summers (deceased) Turner

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

The bill, having received the requisite constitutional majority, was passed.
HB 22. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others: A bill to amend Chapter 9 of Title 42 of the Official Code of Georgia Anno tated, relating to pardons and paroles, so as to change the provisions relating to the creation of the State Board of Pardons and Paroles.
Senate Sponsor: Senator Deal of the 49th.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Horton Howard Hudgins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Tysinger Walker

746

JOURNAL OF THE SENATE

Those not voting were Senators:

Broun of 46th Harrison (excused)

Holloway Starr

Summers (deceased) Turner

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

HB 23. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Code Section 17-7-110 of the Official Code of Georgia An notated, relating to furnishing a copy of the indictment or accusation and list of witnesses to the accused, so as to provide that a copy of the indict ment or accusation shall be furnished to the accused without demand.
Senate Sponsor: Senator Deal of the 49th.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Horton Hudgins Kennedy Kidd Land

Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Trulock Walker

Those not voting were Senators:

Bowen Broun of 46th Coverdell Harrison (excused)

Holloway Howard Starr Summers (deceased)

Timmons Turner Tysinger

TUESDAY, FEBRUARY 8, 1983

747

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 207. By Representatives McDonald of the 12th, Burruss and Wilson of the 20th and others: A bill to provide supplementary appropriations for the fiscal year ending June 30, 1983, in addition to any other appropriations heretofore or hereaf ter made for the operation of state government and the purposes provided for herein.
The following bill of the House was read the first time and referred to committee:
HB 207. By Representatives McDonald of the 12th, Burruss and Wilson of the 20th and others: A bill to provide supplementary appropriations for the fiscal year ending June 30, 1983, in addition to any other appropriations heretofore or hereaf ter made for the operation of state government and the purposes provided for herein.
Referred to Committee on Appropriations.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 70. By Representative Buck of the 95th: A bill to amend Chapter 8 of Title 46 of the Official Code of Georgia Anno tated, relating to railroad companies, so as to authorize annual meetings of shareholders to be held anywhere within or without the state; to authorize the transaction of business by shareholders to be accomplished at meetings or by unanimous written consent.
Senate Sponsor: Senator Scott of the 43rd.

748

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Allgood Barker Bond Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean Engram

Fincher Foster Garner Gillis Harris Hill Hine Horton Howard Hudgins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Tysinger Walker

Voting in the negative were Senators Barnes and Greene.

Those not voting were Senators:

Bowen Brannon Broun of 46th English

Harrison (excused) Holloway Starr

Summers (deceased) Trulock Turner

On the passage of the bill, the yeas were 44, nays 2.

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

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

At 12:19 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

WEDNESDAY, FEBRUARY 9, 1983

749

Senate Chamber, Atlanta, Georgia Wednesday, February 9, 1983 Twenty-second Legislative Day

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

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

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

The following 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 280. By Representative Walker of the 115th:
A bill to reincorporate and provide a new charter for the City of Perry in Houston County.

HB 415. By Representatives Benefield, Holcomb, Lee, Johnson and Bailey of the 72nd:
A bill to amend an Act reincorporating the City of Forest Park in Clayton County and creating a new charter for said city, so as to change the terms of office of the mayor and members of the council.

HB 426. By Representatives Bostick of the 138th and Carter of the 146th: A bill to create the Tifton-Tift County Charter Commission.

HB 318. By Representative Lane of the 27th:
A bill to amend Article 4 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to vehicles of nonresident students, so as to ex empt residents of states which are members of the Multistate Reciprocity Agreement from the requirement of registering their vehicles in this state.

750

JOURNAL OF THE SENATE

HB 355. By Representatives Hays of the 1st, Wood and Jackson of the 9th and others:
A bill to amend Code Section 40-5-103 of the Official Code of Georgia An notated, relating to fees collected by the Department of Public Safety for issuing identification cards, so as to provide that the department shall not be authorized to collect a fee from certain persons.

HB 361. By Representatives Chambless of the 133rd, Lawson of the 9th, Ginsberg of the 122nd and others:
A bill to amend Code Section 29-4-2 of the Official Code of Georgia Anno tated, relating to natural guardians of minors and when bond is required thereof, so as to change the conditions under which bond is required.

HB 401. By Representatives Irvin of the 11th, Reaves of the 147th, Crawford of the 5th and others:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for the bonding and regulation of livestock deal ers, brokers, packers, and market operators.

HB 430. By Representative Murphy of the 18th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to the terms of court for the superior courts of the judicial circuits of this state, so as to change the terms for the superior courts of the Tallapoosa Judicial Circuit.

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

HR 72. By Representatives Triplett of the 128th, Ginsberg of the 122nd, Phillips of the 125th and others:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to P. D. Oil & Chemical Storage, Inc., a Georgia corporation, its successors and assigns, an irrevoca ble easement over, under, across, and through certain property owned and claimed by the state, located in Chatham County, Georgia, in the Savannah River, for the construction, installation, operation, maintenance, repair, and replacement of berthing, docking, and storage facilities.

HR 90. By Representatives Martin of the 60th, Colbert of the 23rd, Coleman of the 118th and others:
A resolution to amend a resolution creating the State-wide Fire Protection Study Committee, so as to extend the date for recommendations by the committee; to change the date on which the committee shall stand abolished.

WEDNESDAY, FEBRUARY 9, 1983

751

HR 106. By Representatives Connell of the 87th, Barnes of the 90th, Padgett of the 86th and others:
A resolution authorizing the State of Georgia to convey certain state-owned property located within the City of Augusta, Richmond County, Georgia, to the City Council of Augusta.

HR 107. By Representative Jones of the 78th:
A resolution authorizing the conveyance of an estate for years in certain real property located in Butts County, Georgia, to the City of Jackson, Georgia.

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

SB 229. By Senator Land of the 16th:
A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions applicable to landlords and tenants, so as to provide for intent.
Referred to Committee on Judiciary and Constitutional Law.

SB 230. By Senator Phillips of the 9th:
A bill to amend Code Section 20-2-942 of the Official Code of Georgia An notated, relating to procedures for nonrenewal of contracts or demotion of certain teachers, so as to provide for performance evaluations of certain teachers.
Referred to Committee on Education.

SB 231. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of public officers and employees, so as to require the Department of Human Resources to calculate and to make payment for personal services on the basis of 26 pay periods per year.
Referred to Committee on Governmental Operations.

SB 232. By Senator Hudgins of the 15th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to protective orders.
Referred to Committee on Children and Youth.

752

JOURNAL OF THE SENATE

SB 233. By Senators Coleman of the 1st and Bryant of the 3rd:
A bill to amend an Act relating to the school system of the City of Savan nah and Chatham County, as amended, so as to change certain education district designations.
Referred to Committee on Federal, State and Community Affairs.

SB 234. By Senator Allgood of the 22nd:
A bill to amend an Act chartering the City of Augusta as the "City Council of Augusta," as amended, so as to change the corporate limits of said city; to provide an effective date.
Referred to Committee on Federal, State and Community Affairs.

SB 235. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sales of alcoholic bev erages on Sunday, so as to provide that the governing authority of certain counties and the governing authority of all municipalities located in such counties may authorize the sale of alcoholic beverages for consumption on the premises on Sunday.
Referred to Committee on Federal, State and Community Affairs.

SB 236. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Office of Planning and Budget, so as to abolish the Georgia Council for Energy Resources.
Referred to Committee on Governmental Operations.

SB 237. By Senators Garner of the 30th and Engram of the 34th:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to probation, so as to provide for presentence or postsentence investigations or psychological evaluations of convicted persons compiled by probation personnel to be forwarded to certain offices within the Department of Offender Rehabilitation under certain conditions.
Referred to Committee on Offender Rehabilitation.

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

HB 318. By Representative Lane of the 27th:
A bill to amend Article 4 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to vehicles of nonresident students, so as to ex empt residents of states which are members of the Multistate Reciprocity Agreement from the requirement of registering their vehicles in this state.
Referred to Committee on Transportation.

WEDNESDAY, FEBRUARY 9, 1983

753

HB 355. By Representatives Hays of the 1st, Wood and Jackson of the 9th, and others:
A bill to amend Code Section 40-5-103 of the Official Code of Georgia An notated, relating to fees collected by the Department of Public Safety for issuing identification cards, so as to provide that the department shall not be authorized to collect a fee from certain persons.
Referred to Committee on Defense and Veterans Affairs.

HB 361. By Representatives Chambless of the 133rd, Lawson of the 9th, Ginsberg of the 122nd and others:
A bill to amend Code Section 29-4-2 of the Official Code of Georgia Anno tated, relating to natural guardians of minors and when bond is required thereof, so as to change the conditions under which bond is required.
Referred to Committee on Children and Youth.

HB 401. By Representatives Irvin of the 11th, Reaves of the 147th, Crawford of the 5th and others:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for the bonding and regulation of livestock deal ers, brokers, packers, and market operators.
Referred to Committee on Agriculture.

HB 430. By Representative Murphy of the 18th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to the terms of court for the superior courts of the judicial circuits of this state, so as to change the terms for the superior courts of the Tallapoosa Judicial Circuit.
Referred to Committee on Judiciary.

HB 280. By Representative Walker of the 115th:
A bill to reincorporate and provide a new charter for the City of Perry in Houston County.
Referred to Committee on Federal, State and Community Affairs.

HB 415. By Representatives Benefield, Holcomb, Lee, Johnson and Bailey of the 72nd:
A bill to amend an Act reincorporating the City of Forest Park in Clayton County and creating a new charter for said city, so as to change the terms of office of the mayor and members of the council.
Referred to Committee on Federal, State and Community Affairs.

754

JOURNAL OF THE SENATE

HB 426. By Representatives Bostick of the 138th and Carter of the 146th: A bill to create the Tifton-Tift County Charter Commission.
Referred to Committee on Federal, State and Community Affairs.

HR 72. By Representatives Triplet! of the 128th, Ginsberg of the 122nd, Phillips of the 125th and others:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to P.O. Oil & Chemical Storage, Inc., a Georgia corporation, its successors and assigns, an irrevoca ble easement over, under, across, and through certain property owned and claimed by the state, located in Chatham County, Georgia, in the Savannah River, for the construction, installation, operation, maintenance, repair, and replacement of berthing, docking, and storage facilities.
Referred to Committee on Public Utilities.

HR 90. By Representatives Martin of the 60th, Colbert of the 23rd, Coleman of the 118th and others:
A resolution to amend a resolution creating the State-wide Fire Protection Study Committee, so as to extend the date for recommendations by the committee; to change the date on which the committee shall stand abolished.
Referred to Committee on Public Safety.

HR 106. By Representatives Connell of the 87th, Barnes of the 90th, Padgett of the 86th and others:
A resolution authorizing the State of Georgia to convey certain state-owned property located within the City of Augusta, Richmond County, Georgia, to the City Council of Augusta.
Referred to Committee on Public Utilities.

HR 107. By Representative Jones of the 78th:
A resolution authorizing the conveyance of an estate for years in certain real property located in Butts County, Georgia, to the City of Jackson, Georgia.
Referred to Committee on Public Utilities.

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

Mr. President:

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

WEDNESDAY, FEBRUARY 9, 1983

755

SB 173. SB 209.

Do pass. Do pass by substitute.
Respectfully submitted, Senator McGill of the 24th District, Chairman

Mr. President:

The Committee on Defense and Veterans Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 56. Do pass.
Respectfully submitted,
Senator Thompson of the 32nd District, Chairman

Mr. President:

The Committee on Federal State and Community Affairs has had under consider ation the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 311. Do pass by substitute. HB 312. Do pass.
Respectfully submitted,
Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 8. Do pass.
Respectfully submitted,
Senator Scott of the 43rd District, Chairman

756

JOURNAL OF THE SENATE

Mr. President:

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

SB 16. SB 145. SB 182. SB 189.

Do not pass. Do pass. Do pass. Do pass.

SB 195. SR 61. HB 66. HB 140.

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

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

Mr. President:

The Committee on Governmental Operations has had under consideration the fol lowing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 50. Do pass as amended.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 163. Do pass by substitute.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

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

SB 96. Do pass.

SB 167. Do pass.

WEDNESDAY, FEBRUARY 9, 1983

757

SB 169. HB 24. HB 25. HB 27. HB 28. HB 29. HB 30. HB 31.

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

HB 32. HB 33. HB 35. HB 36. HB 82. HB 133. HB 194. HB 195.

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

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the fol lowing recommendations:
SB 72. Do pass by substitute. SB 92. Do pass by substitute.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

Mr. President:

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

SB 177. HB 77. HB 153.

Do pass by substitute. Do pass. Do pass.

HB 255. Do pass. HB 391. Do pass.

Respectfully submitted. Senator Holloway of the 12th District, Chairman

758

JOURNAL OF THE SENATE

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

SB 121. By Senators Greene of the 26th, tester of the 23rd, Holloway of the 12th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for policy and purpose; to provide for definitions; to provide for a Health Policy Council and its functions and for the compen sation and allowances of its members.

SB 161. By Senators tester of the 23rd and Gillis of the 20th:
A bill to amend Code Section 7-1-37 of the Official Code of Georgia Anno tated, relating to restrictions on the commissioner, officials, and examiners and penalties for violations, so as to provide that the restrictions applicable to certain prohibited financial transactions shall only apply to the commis sioner, the statutory deputy commissioner, and professional examining personnel.

SB 162. By Senators tester of the 23rd and Gillis of the 20th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to authorize the Department of Banking and Finance to suspend from office any director, officer, or em ployee of any financial institution who shall have been indicted for any crime involving moral turpitude or breach of trust or who shall have filed bankruptcy in an individual capacity or in the name of any majority owned corporate interest.

SB 164. By Senator Tate of the 38th:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia An notated, relating to sick leave for teachers and other personnel, so as to change the provisions relative to the accumulation of sick leave.

SB 166. By Senator Starr of the 44th:
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 pro vide that it shall be unlawful for any unauthorized person to return property for taxation; to provide a penalty; to provide an effective date.

SB 186. By Senators Greene of the 26th, Garner of the 30th and Trulock of the 10th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to public health, so as to authorize the discontinuance of extraordinary lifesustaining procedures for certain persons; to provide for a declaration of findings.

WEDNESDAY, FEBRUARY 9, 1983

759

SB 187. By Senator Scott of the 43rd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties, so as to provide that any county of this state having a population within the unincorporated area thereof of 350,000 or more according to the United States decennial census of 1980 or any future such census shall be vested with the powers of a municipal corporation within such unincorporated area.

SB 191. By Senator Hudgins of the 15th:
A bill to amend 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, so as to change the definition of the term "law enforcement officer".

SB 194. By Senators Perry of the 7th and Cobb of the 28th:
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 the drug methaqualone.

SB 196. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions pertaining to ad valorem taxation of property, so as to redefine the term "foreign merchandise in transit".

SB 200. By Senator Horton of the 17th:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Anno tated, relating to the general requirements for transacting insurance in this state, so as to provide that only those informational booklets which are pro vided by insurers shall be required to be written in simplified and plain language.

SB 206. By Senator Kidd of the 25th:
A bill to amend Article 4 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to participation of probationers in community service programs, so as to provide that services as a live-in attendant for a disabled person shall constitute community service under certain conditions.

SR 52. By Senators Cobb of the 28th and Walker of the 19th:
A resolution supporting the recommendation of the State-wide Fire Protec tion Study Committee, the Georgia Association of Fire Chiefs, and the Georgia State Firemen's Association urging the appropriation of sufficient funds necessary to establish the National Professional Qualifications System for fire service personnel to be administered by the Georgia Firefighter Stan dards and Training Council.

760

JOURNAL OF THE SENATE

SR 53. By Senators Cobb of the 28th and Walker of the 19th:
A resolution supporting the recommendation of the State-wide Fire Protec tion Study Committee, the Georgia Association of Fire Chiefs, and the Georgia State Firemen's Association urging the appropriation of sufficient funds for the operation of the Georgia Fire Academy and for the addition of one instructor to develop and implement courses of study and programs in volving public fire safety education.

SR 54. By Senators Cobb of the 28th and Walker of the 19th:
A resolution supporting the recommendation of the State-wide Fire Protec tion Study Committee, the Georgia Association of Fire Chiefs, and the Georgia State Firemen's Association urging the appropriation of sufficient funds dedicated to continue the operation of the state fire data system within the office of the state fire marshal!.

SR 60. By Senators Holloway of the 12th, Thompson of the 32nd and Foster of the 50th:
A resolution encouraging all schools to administer the Armed Services Vo cational Aptitude Battery Test (ASVAB).

SR 64. By Senators Greene of the 26th, English of the 21st, Broun of the 46th and others:
A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizen's advisory council thereto.

SR 69. By Senator Foster of the 50th: A resolution relative to the appointment of Federal Court Monitors.

HB 173. By Representatives Manner of the 131st, Hays of the 1st, Ramsey of the 3rd and others:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Anno tated, relating to definitions with respect to indemnification of law enforce ment officers, firemen, and prison guards, so as to change the definition of the term "prison guard".

HB 220. By Representatives Richardson of the 52nd, Robinson of the 58th, Alford of the 57th and others:
A bill expressing approval of the DeKalb County probation system becom ing a part of the state-wide probation system.

The President introduced U. S. Senator Fritz Hollings from South Carolina who briefly addressed the Senate.

WEDNESDAY, FEBRUARY 9, 1983

761

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 183. By Senator Dean of the 31st:
A bill to amend an Act reincorporating the City of Rockmart and creating a new charter for said city, as amended, so as to increase the maximum fine which may be imposed by the recorder of the City of Rockmart for viola tions of laws or ordinances and for contempt.

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

On the passage of the bill, the yeas were 50, nays 0.

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

HB 260. By Representative Ware of the 77th:
A bill to amend an Act to create the office of commissioner of Heard County, so as to change the compensation of the commissioner.

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

On the passage of the bill, the yeas were 50, nays 0.

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

HB 261. By Representative Ware of the 77th:
A bill to amend an Act placing the Clerk of the Superior Court of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the clerk of the superior court.

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

On the passage of the bill, the yeas were 50, nays 0.

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

762

JOURNAL OF THE SENATE

HB 262. By Representative Ware of the 77th:
A bill to amend an Act placing the sheriff of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the com pensation of the sheriff.

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

On the passage of the bill, the yeas were 50, nays 0.

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

HB 263. By Representative Ware of the 77th:
A bill to amend an Act consolidating the offices and duties of tax receiver and tax collector of Heard County into the single office of tax commissioner of Heard County, so as to change the compensation of the tax commissioner.

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

On the passage of the bill, the yeas were 50, nays 0.

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

HB 264. By Representative Ware of the 77th:
A bill to amend an Act placing the judge of the probate court of Heard County on an annual salary in lieu of a fee system of compensation, so as to change the compensation of the judge of the probate court of Heard County.

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

On the passage of the bill, the yeas were 50, nays 0.

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

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

Allgood Barker

Bond Bowen

Brantley Broun of 46th

WEDNESDAY, FEBRUARY 9, 1983

763

Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner

Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land tester Littlefield McGill

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

Those not answering were Senators:

Barnes Brannon

Harrison (excused)

Tate

Summers (deceased)

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 resolution of the Senate was read and adopted:

SR 96. By Brannon of the 51st: A resolution expressing regret at the passing of Mrs. Tennie Moss Combs.

SENATE RULES CALENDAR

Wednesday, February 9, 1983

TWENTY-SECOND LEGISLATIVE DAY

HR 27 HB 92 HB 96 HB 222 SB 9 SB 30

Safe Dams Study Commission--create (NREQ--20th)
Government Property--include property of political subdivisions (Judy--49th)
Firearm Discharge on Sunday--allow under certain circumstances (Judy--49th)
Child Custody--temporary orders under certain conditions (C&Y--15th)
Hitchhikers--where a person may stand (SUBSTITUTE) (Pub Saf28th)
Legislative Services Committee--change composition (Rules--31st)

764

JOURNAL OF THE SENATE

SB 154 Public Accountants--board membership (AMENDMENT) (Gov Op--23rd)
SB 159 Senate Doorkeeper, Messenger--delete provisions and provide for Sergeant-At-Arms (Rules--31st)
SB 165 Absentee Voter Registration--persons outside United States (SUB STITUTE) (Gov Op--25th)
Respectfully submitted,
/s/ Dean of the 31st, Chairman Senate Rules Committee

The following general resolution of the House, favorably reported by the commit tee, was read the third time and put upon its adoption:

HR 27. By Representatives Walker of the 115th, Phillips of the 120th, Evans of the 84th and Smyre of the 92nd:
A resolution creating the Safe Dams Study Commission and authorizing a Safe Dams Technical Task Force.
Senate Sponsor: Senator Gillis of the 20th.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Brannon Brantley Broun of 46th Brown of 47th
*ur*n r ,,:,, Cofeman Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris ,,.,,
Hine Holloway Horton Howard Hudgins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry Pni |lips Scott of 2nd
Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Timmons Turner Tysinger Walker

WEDNESDAY, FEBRUARY 9, 1983

765

Those not voting were Senators:

Bond Bowen
Bryant

Harrison (excused) Summers (deceased)

Tate Trulock

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

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

The following resolutions of the Senate were read and adopted:
SR 94. By Senators Fincher of the 54th, Gillis of the 20th, McGill of the 24th and fifty-two others: A resolution expressing regret at the passing of the Honorable E. G. Sum mers, Senator of the 53rd District.
The President introduced Dr. William Maurelle Suttles, Executive Vice President and Provost of Georgia State University, who eulogized Senator Summers of the 53rd.

SR 99. By Senator Kennedy of the 4th: A resolution commending General Thomas M. Ryan, Jr.
Senator Kennedy of the 4th introduced General and Mrs. Thomas M. Ryan, Jr. and General Ryan briefly addressed the Senate.
Senator McGill of the 24th, introduced the doctor of the day, Dr. Weems Pennington, of Lincolnton, Georgia.
The following resolution of the Senate was read and adopted:
SR 82. By Senators Kennedy of the 4th, Peevy of the 48th, tester of the 23rd and fifty-two others: A resolution commending the Honorable Steve Reynolds.
The President introduced Honorable Steve Reynolds, former Senator of the 48th District, who briefly addressed the Senate.

766

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 92. By Representative Colbert of the 23rd:
A bill to amend Code Section 16-7-24 of the Official Code of Georgia Anno tated, relating to interference with government property, so as to define gov ernment property to include the property of political subdivisions.
Senate Sponsor: Senator Deal of the 49th.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Fincher Foster Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Engram Garner

Harrison (excused)

Tate

Summers (deceased)

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

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

HB 96. By Representative Colbert of the 23rd:
A bill to amend Code Section 16-11-105, relating to the discharge of fire arms on Sunday, so as to allow the discharge of firearms on Sunday under certain circumstances.
Senate Sponsor: Senator Deal of the 49th.

WEDNESDAY, FEBRUARY 9, 1983

767

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

On 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 Burton Cobb Coggin Coleman Coverdell

Dawkins Deal Dean English Engram Fincher Foster Harris Hill Hine Holloway Horton Howard Hudgins Kidd

Land Lester Littlefield McGill McKenzie Peevy Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Turner Tysinger Walker

Those voting in the negative were Senators:

Gillis Greene

Kennedy Perry

Thompson

Those not voting were Senators:

Garner Harrison (excused)

Summers (deceased) Tate

Timmons Trulock

On the passage of the bill, the yeas were 45, nays 5.

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

HB 222. By Representatives Ginsberg of the 122nd, Karrh of the 109th, Thomas of the 69th and others:
A bill to amend Code Section 19-9-1 of the Official Code of Georgia Anno tated, relating to determining custody of children, so as to provide for tem porary child custody orders under certain conditions.
Senate Sponsor: Senator Hudgins of the 15th.

768

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Harris Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land

Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Trulock Turner Tysinger Walker

Those not voting were Senators:

Brantley Greene Harrison (excused)

Summers (deceased) Tate

Thompson Timmons

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

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

The following general bill of the Senate, having been read the third time on Janu ary 17 and committed to the Senate Committee on Public Safety, and favorably re ported by the committee, was put upon its passage:

SB 9. By Senators Cobb of the 28th, Hill of the 29th and Bowen of the 13th:
A bill to amend Code Section 40-6-98 of the Official Code of Georgia Anno tated, relating to pedestrians soliciting rides or business, so as to change the

WEDNESDAY, FEBRUARY 9, 1983

769

provisions relating to where a person may stand for the purpose of soliciting a ride.

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

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

Those voting in the affirmative were Senators:

Bowen Brannon Broun of 46th Bryant Cobb Coleman Dean

Engram
Fincher Foster Greene Harris Holloway Horton

Hudgins Kennedy Phillips Scott of 2nd Scott of 36th Timmons

Those voting in the negative were Senators:

Allgood Barker Barnes Bond Brantley Brown of 47th Burton Coggin Coverdell Dawkins Deal

English Garner Gillis Hill Hine Howard Kidd Land Lester Littlefield McGill

McKenzie Peevy Perry Scott of 43rd Starr Stumbaugh Thompson Turner Tysinger Walker

Those not voting were Senators:

Harrison (excused)

Tate

Summers (deceased)

Trulock

On the passage of the bill, the yeas were 20, nays 32.

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

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

770

JOURNAL OF THE SENATE

SB 30. By Senator Dean of the 31st:
A bill to amend Code Section 28-4-1 of the Official Code of Georgia Anno tated, relating to the Legislative Services Committee, so as to change a com mittee name; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land

Lester Littlefield McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Broun of 46th English

Harrison (excused) McKenzie

Summers (deceased) Tate

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

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

SB 154. By Senator Lester of the 23rd:
A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Anno tated, relating to accountants, so as to clarify certain matters relating to the

WEDNESDAY, FEBRUARY 9, 1983

771

board membership; to delete the residency requirement for certified public accountants and registered public accountants.

The Senate Committee on Governmental Operations offered the following amendment:
Amend SB 154 by adding in the title on line 16 of Page 1, immediately preceding the words "to delete", the following:
"to authorize the board to prohibit certain solicitation by rules or regulations;".
By striking from Section 15, beginning on line 5 of Page 22, the following:
"(i) A licensee shall not by any direct personal communication so licit an engagement to perform professional services:
(1) If the communication would violate subsection (h) of this Code section if it were a public communication;
(2) By the use of coercion, duress, compulsion, intimidation, threats, overreaching, or vexatious or harassing conduct; or
(3) Where the engagement would be for a person or entity not al ready a client of the licensee, unless such person or entity has invited such a communication or is seeking to secure the performance of profes sional services and has not yet engaged another to perform them.",
and inserting in lieu thereof the following:
"(i) The board may by rule or regulation prohibit a licensee from soliciting by any direct personal communication an engagement to per form professional services."

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment offered by the Senate Committee on Governmental Operations was adopted.

Senator Barnes of the 33rd offered the following amendment: Amend SB 154 by striking on line 9 of Page 2, the following: "Secretary of State and the" By striking on line 1 of Page 3, the following: "Secretary of State and the".

772

JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment offered by Senator Barnes of the 33rd was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Greene Harris Hill Holloway Horton Howard Hudgins Kennedy Kidd Land

Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative were Senators Hine and Stumbaugh.

Those not voting were Senators:

Harrison (excused)

Summers (deceased)

Tate

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

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

SB 159. By Senator Dean of the 31st:
A bill to amend Code Section 28-3-1 of the Official Code of Georgia Anno tated, relating to the election and compensation of doorkeepers and messen gers, so as to delete the provisions relating to the doorkeeper and messenger for the Senate; to provide for a sergeant-at-arms for the Senate; to provide an effective date.

WEDNESDAY, FEBRUARY 9, 1983

773

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

On 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 Burton Cobb Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Coggin

Harrison (excused)

Tate

Summers (deceased)

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

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

SB 165. By Senator Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to form of registration cards; to provide for absentee voter registration by persons outside of the United States.

The Senate Committee on Governmental Operations offered the following substi tute to SB 165:

A BILL TO BE ENTITLED AN ACT
To amend Title 21 of the Official Code of Georgia Annotated, relating

774

JOURNAL OF THE SENATE

to elections, so as to change the provisions relating to form of registration cards; to provide for absentee voter registration by persons outside of the United States, to provide procedures; to change the provisions relating to persons providing proper identification for the purpose of voter registration; to change the provisions relating to requirements for voting precincts; to change the definition of the term "absentee elector"; to change the provi sions relating to the form of the official primary ballot; to prohibit political parties from submitting questions to their members; to change the provisions relating to uniformity of ballots in precincts; to change the procedures relat ing to unopposed candidates; to change the provisions relating to applica tions for absentee ballots; to provide procedures for absentee electors over seas to secure ballots for and vote in certain elections; to change the provisions relating to restrictions on campaign activities within the vicinity of a polling place; to change the provisions relating to the call of special elections; to provide for the call of special primaries; to provide for unop posed candidates in special primaries; to provide that no special primary election will be held where there will be no opposed candidates in a precinct in a special primary; to change the provisions relating to qualifications of voters in municipal elections; to change the provisions relating to require ments for voting precincts in municipal elections; to change the provisions relating to the form of official primary ballots in municipal elections; to change the procedures relating to unopposed candidates in municipal elec tions; to change the provisions relating to uniformity of ballots within pre cincts in municipal elections; to change the definition of the term "absentee elector" as it applies to municipal elections; to change the provisions relating to applications for absentee ballots in municipal elections; to change the pro visions relating to restrictions on campaign activities within the vicinity of polling places in municipal elections; to change the provisions relating to special primaries or elections with respect to municipalities; to provide for unopposed candidates in special primaries held in municipalities; to provide that no special primary election will be held where there will be no opposed candidates in a precinct in a special or general primary to be held by the municipality; to permit a director, officer, or an employee of a public utility corporation to make a contribution to a political campaign on his or her own behalf; to permit officials and employees of any such public utility corpora tion to establish and administer with corporate funds a political action com mittee, which committee shall have the authority to receive and solicit con tributions to be used exclusively for the purpose of influencing the outcome of an election or the nomination or election of individuals who are candi dates for nomination or election to elective public office, excluding, however, candidates seeking election for positions on the Public Service Commission; to provide that the political action committee shall be a separate, segregated fund and that contributions to it shall be limited to voluntary contributions from employees, officers, directors, and their families; to provide that ex penditures by a public utility corporation for the establishment and adminis tration of a political action committee shall not be deemed a "contribution" or an "expenditure" as defined in Code Section 21-5-3; 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, relating to elections, is amended by striking in its entirety subsection (b) of Code

WEDNESDAY, FEBRUARY 9, 1983

775

Section 21-2-217, relating to form of registration cards, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) 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 applicant portions shall be eliminated and in lieu thereof the following form of affi davit 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 at least 18 years of age, or will be on the _ day of __, 19_; that my residence for voting pur poses 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 county, or I am registered in ___ County of the state of ___ and request cancella tion 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 juris diction of treason against the State of Georgia, of embezzlement of pub lic funds, malfeasance in office, bribery, or larceny, or of any felony in volving 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 ___, or my sentence was completed on ___; and that the information contained elsewhere on this card is true.
(Sign here)________
I declare that the above is a true statement to the best of my knowl edge and belief, and I understand that if I make any material false state ment in the above statement I shall be guilty of a misdemeanor and may be punished by a fine of not more than $1,000.00 or by imprisonment for not more than 12 months.
Date ___, 19_.
(Sign here)________
(2) (A) An absentee voter who is a member of the armed forces of the United States or the merchant marine, is a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member, or is temporarily residing overseas and will be absent from his county of residence until after the time for registering for an ensuing primary or election may make proper application for ab sentee registration on the official post card provided for by the Federal Voting Assistance Act of 1955, as amended.
(B) Applicants for absentee registration who permanently reside overseas shall only be authorized to register to vote for presidential elec tors, United States senator, and representative in Congress. The registra tion cards for use by applicants for absentee registration who perma nently reside overseas shall be in the same form as the form of the registration card in subsection (a) of Code Section 21-2-217, except that the affidavit and questions propounded to the applicant portions shall be

776

JOURNAL OF THE SENATE

eliminated and in lieu thereof the following form of affidavit shall be used:
I, the undersigned, do swear (or affirm):
(1) That I am a citizen of the United States;
(2) That I presently reside at ___ which is outside any of the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands;
(3) That my last domicile (permanent residence) immediately prior to moving outside the United States was ___, ___ in ___ County in the State of Georgia and I resided at that address from ___, 19_, to ___, 19_;
(4) That since leaving the State of Georgia I do not presently main tain, and I have not maintained, another domicile and I am not presently and have not since leaving the State of Georgia been registered to vote in another state or election district of another state or territory or in any territory or possession of the United States;
(5) That I have a valid passport or record of identity and registra tion issued under the authority of the Secretary of State of the United States or, in lieu thereof, an alternative form of identification consistent with the Overseas Voting Rights Act of 1975, as amended, and applica ble state or district requirements in the absence of a valid passport or card of identity and registration;
(6) That I am at least 18 years of age or will be on the _ day of ___, 19_;
(7) That I have never been convicted in any court of competent ju risdiction of treason against the State of Georgia, of embezzlement of public funds, malfeasance in office, bribery, or larceny, or of any felony involving moral turpitude, punishable by the laws of the State of Georgia with imprisonment in the penitentiary, or, if so convicted, that I have been pardoned or completed my sentence; and
(8) That the information contained on the enclosed registration card is true.
(Sign here) Signature shall be the same as name appear ing elsewhere on card
I declare that the above is a true statement to the best of my knowl edge and belief, and I understand that if I make any material false state ment in the above statement I shall be guilty of a misdemeanor and may be punished by a fine of not more than $1,000.00 or by imprisonment for not more than 12 months. Date ___, 19_.

Signature of voter"

WEDNESDAY, FEBRUARY 9, 1983

777

Section 2. Said title is further amended by striking in its entirety Code Section 21-2-221, relating to application to registration officer for voter re gistration, and inserting in lieu thereof a new Code Section 21-2-221 to read as follows:
"21-2-221. Any person desiring to register as an elector shall apply to a registrar or a deputy registrar and shall furnish such officer with proper identification and information which will enable him to fill in all blanks appearing on the registration card. When any person who seeks to register as an elector is asked to provide proper identification by a regis trar or a deputy registrar, as required by law, it shall be sufficient for the applicant to exhibit his valid driver's license, birth certificate, credit card, food stamp card, social security card, check-cashing card, passport, school record, work identification record, utility bill, school identification, or Medicaid, medicare, or welfare identification. On completion of the form, the officer shall administer the oath to the applicant and then have him sign it, and the officer shall attest it. Upon request of the applicant, the officer taking the application shall read or repeat the oath distinctly to the applicant; and, if the applicant cannot sign his name, the officer shall sign it for him, the applicant making his mark thereto."
Section 3. Said title is further amended by striking in its entirety Code Section 21-2-261.1, relating to requirements for voting precincts, and in serting in lieu thereof a new Code Section 21-2-261.1 to read as follows:
"21-2-261.1. (a) All voting precincts established or altered on or af ter July 1, 1983, shall consist of areas which are bounded on all sides only by:
(1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps; or
(2) The boundaries of counties and incorporated municipalities.
(b) No later than January 1, 1984, unless a waiver is granted by the Secretary of State, the superintendent shall move the boundaries of all precincts so that they conform to the requirements of subsection (a) of this Code Section and continue to promote the convenience of electors and the public interests. The superintendent shall within 30 days prior to the establishment of any new boundaries required to conform with sub section (a) of this Code section publish a notice of such changes once a week for two weeks in the county organ and post a conspicuous notice of such changes in at least five public and conspicuous places in each af fected precinct. At least one such notice shall be posted at or in the im mediate vicinity of the polling place in each affected precinct. Each no tice shall state the date upon which adoption of such changes is proposed to be made and shall direct interested persons to address their comments or questions to the superintendent.
(c) The superintendent shall notify the board of registrars within ten days after such changes are adopted.

778

JOURNAL OF THE SENATE

(d) Not later than February 1, 1984, unless a waiver has been granted by the Secretary of State, each superintendent shall file with the Secretary of State a current copy of a map of all precincts in the county. Thereafter the superintendent shall file with the Secretary of State:
(1) A map reflecting any changes in precincts within 20 days after the changes are made;
(2) A copy of any communications to or from the United States Justice Department relating to any precincts within 20 days after such communication is sent or received;
(3) A copy of any pleading initiating a court action potentially af fecting any precincts within 30 days after it is filed;
(4) A copy of any court order affecting any precincts within 20 days after it is entered; and
(5) Any other documentation necessary to allow the Secretary of State to maintain a current listing of all precincts in the state.
(e) The Secretary of State shall be authorized to waive and postpone the effective dates of compliance found in subsections (b) and (d) of this Code section with respect to any superintendent if compliance by such dates would cause an undue hardship."
Section 4. Said title is further amended by striking in its entirety Code Section 21-2-380, relating to the definition of the term "absentee elector," and inserting in lieu thereof a new Code Section 21-2-380 to read as follows:
"21-2-380. As used in this article, the term 'absentee elector' means an elector of this state who is required to be absent from his precinct during the time of the primary or election he desires to vote in, or who will perform any of the official acts or duties set forth in this chapter in connection with the primary or election he desires to vote in, or who, because of physical disability, will be unable to be present at the polls on the day of such primary or election, or who, because the election or pri mary falls upon a religious holiday observed by such elector, will be una ble to be present at the polls on the day of such primary or election, or who is a fireman required to remain on duty in his or her place of em ployment during the entire time the polls are open when such place of employment is within the precinct in which the voter resides."
Section 5. Said title is further amended by striking in its entirety sub section (d) of Code Section 21-2-284, relating to the form of official primary ballots, which subsection reads as follows:
"(d) If at any primary a political party shall submit to its members any matter or question to be voted upon, the party shall certify the word ing of said question to the superintendent, if to be voted on by one county only, or to the Secretary of State, if to be voted on by more than one county; and the superintendent or Secretary of State shall have such lan guage printed on the ballot form. To the left of each question there shall be placed the words 'Yes' and 'No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check ()

WEDNESDAY, FEBRUARY 9, 1983

779

mark.", and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) A political party shall be prohibited from submitting to its members any question at any primary."
Section 6. Said title is further amended by striking in its entirety sub section (b) of Code Section 21-2-286, relating to uniformity of ballots within precincts, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Ballots shall be at least six inches long and four inches wide and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type, which shall not be smaller than the size known as 'brevier' or 'eight point body,' upon white paper of uniform quality, without any impression or mark to distinguish one from another, and with sufficient thickness to prevent the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree. Each ballot shall be attached to a name stub, and all the ballots for the same precinct shall be bound together in books of 50 or 100, in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered and, in the case of primary ballots, the number shall be pre ceded by an initial or abbreviation designating the party name. The num ber and initial or abbreviation which appears upon the stub shall also be printed in the upper portion of the front of the ballot, separated from the remainder of the ballot by a horizontal perforated line so as to constitute a number strip and so prepared that the upper portion of the front of the ballot containing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon: 'Tear off before depositing ballot in ballot box.'"
Section 7. Said title is further amended by striking in its entirety Code Section 21-2-291, which reads as follows:
"21-2-291. Any other provision of law to the contrary notwithstand ing, in the event there is no opposed candidate, no name shall appear on the special election ballot unless a write-in candidate has qualified as pro vided by law. Further, if there are no opposed candidates, no eligible write-in candidates, and no issues to be submitted to the electorate, no election shall be conducted. Each such unopposed candidate shall be deemed to have voted for himself. The superintendent shall certify such unopposed candidate as elected in the same manner as he certifies other candidates as elected pursuant to Code Section 21-2-493.",
and inserting in lieu thereof a new Code Section 21-2-291 to read as follows:
"21-2-291. Any other provision of law to the contrary notwithstand ing, in the event there is no opposed candidate in a precinct in a special election, no special election shall be held unless a write-in candidate has qualified as provided by law or unless there are issues to be submitted to the electorate. Each such unopposed candidate shall be deemed to have

780

JOURNAL OF THE SENATE

voted for himself. Where feasible, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special election is to be conducted. The superintendent shall certify such unop posed candidate as elected in the same manner as he certifies other can didates as elected pursuant to Code Section 21-2-493."
Section 8. Said title is further amended by adding at the end of Code Section 21-2-381, relating to applications for absentee ballots, a new subsec tion (d) to read as follows:
"(d) (1) A citizen of the United States permanently residing outside the United States is entitled to make application for an absentee ballot from Georgia and to vote by absentee ballot in any election covered by this chapter for which he is registered and otherwise qualified and in which absentee ballots are permitted to be used:
(A) If he was last domiciled in Georgia immediately before his de parture from the United States; and
(B) If he could have met all qualifications, except any qualification relating to minimum voting age, to vote in federal elections even though, while residing outside the United States, he does not have a place of abode or other address in Georgia.
(2) An individual is entitled to make application for an absentee ballot under paragraph (1) of this subsection even if his intent to return to Georgia may be uncertain, as long as:
(A) He has complied with all applicable Georgia qualifications and requirements which are consistent with 42 U.S.C. 1973dd concerning ab sentee registration for and voting by absentee ballots;
(B) He does not maintain a domicile, is not registered to vote, and is not voting in any other state or election district of a state or territory or in any territory or possession of the United States; and
(C) He has a valid passport or card of identity and registration is sued under the authority of the Secretary of State of the United States or, in lieu thereof, an alternative form of identification consistent with 42 U.S.C. 1973dd and applicable state requirements, if a citizen does not possess a valid passport or card of identity and registration."
Section 9. Said title is further amended by adding between Code Sec tions 21-2-381 and 21-2-382 a new Code section, to be designated Code Section 21-2-381.1, to read as follows:
"21-2-381.1. (a) Notwithstanding any other provisions of this chap ter, a qualified absentee elector, as defined in Code Section 21-2-380, may apply not earlier than 90 days before an election for a special writein absentee ballot. This ballot shall be for presidential electors, United States senator, and representative in Congress.
(b) The application for a special write-in absentee ballot may be made on the federal post card application form or on a form prescribed by the Secretary of State.

WEDNESDAY, FEBRUARY 9, 1983

781

(c) In order to qualify for a special write-in absentee ballot, the voter must state that he or she is unable to vote by regular absentee ballot or in person due to requirements of military service or due to living in isolated areas or extremely remote areas of the world. This statement may be made on the federal post card application or on a form prepared by the Secretary of State and supplied and returned with the special write-in absentee ballot.
(d) Upon receipt of said application, the superintendent shall issue the special write-in absentee ballot which shall be prescribed and pro vided by the Secretary of State. Such ballot shall permit the elector to vote by writing in a party preference for each office, the names of specific candidates for each office, or the name of the person whom the voter prefers for each office.
(e) Such special write-in ballots shall be mailed to such applicants until such time as the official ballot is ready for distribution. At that time the official ballots shall be mailed to each applicant who has not previ ously been mailed a write-in ballot."
Section 10. Said title is further amended by striking in its entirety Code Section 21-2-414, relating to restrictions on campaign activities within the vicinity of a polling place, and inserting in lieu thereof a new Code Section 21-2-414 to read as follows:
"21-2-414. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign litera ture, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind on any primary or election day within 500 feet of the enclosed area of any polling place.
(b) No person shall solicit signatures for any petition on any pri mary or election day within 500 feet of the enclosed area of any polling place.
(c) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors.
(d) Any person who violates this Code section shall be guilty of a misdemeanor."
Section 11. Said title is further amended by striking in its entirety Code Section 21-2-504, relating to special primaries or elections under certain sit uations, and inserting in lieu thereof a new Code Section 21-2-504 to read as follows:
"21-2-504. Whenever any primary or election shall fail to fill a par ticular nomination or office and such failure cannot be cured by a run-off primary or election, or whenever any person elected to public office shall die or withdraw prior to taking office, or whenever any person elected to public office shall fail to take that office validly, the authority with whom the candidates for such nomination or office file notice of candidacy shall call a special primary or election to fill such position. If a special primary will not be held and unless otherwise provided by law, the call of a spe-

782

JOURNAL OF THE SENATE

cial election shall be made within 45 days after the occurrence of the vacancy."
Section 12. Said title is further amended by striking in its entirety Code Section 21-2-540, relating to manner of conduct of special elections gener ally, and inserting in lieu thereof a new Code Section 21-2-540 to read as follows:
"21-2-540. Every special election shall be held and conducted in all respects in accordance with the provisions of this chapter relating to gen eral elections; and the provisions of this chapter relating to general elec tions shall apply thereto insofar as practicable and as not inconsistent with any other provisions of this chapter. All special elections held at the time of a general election, as provided by Code Section 21-2-541, shall be conducted by the poll officers by the use of the same equipment and facilities, so far as practicable, as are used for such general election. At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same. Candidates in special elec tions shall not be listed on the ballot according to party affiliation unless a candidate has been nominated in a special primary, in which event such a candidate shall have his party affiliation appear on the ballot by his name."
Section 13. Said title is further amended by adding at the end of Arti cle 14 of Chapter 2 a new Code section, to be designated Code Section 21-2545, to read as follows:
"21-2-545. Any other provision of law to the contrary notwithstand ing, in the event there is no opposed candidate in a precinct in a special primary, no special primary shall be held. The proper officials of the un opposed candidate's political party shall certify him as the party nominee for the office involved for the purpose of having his name placed upon the special election ballots or ballot labels. Where feasible, the superinten dent shall provide notice reasonably calculated to inform the affected electorate that no special primary election is to be conducted. Each such unopposed candidate shall be deemed to have voted for himself. The su perintendent shall certify any such unopposed candidate as nominated in the same manner as he certifies other candidates nominated pursuant to Code Section 21-2-493."
Section 14. Said title is further amended by striking in its entirety sub section (e) of Code Section 21-3-125, relating to qualifications of voters in municipal elections, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) In a municipality maintaining its own registration list, any per son desiring to register as an elector shall apply to a registrar or a deputy registrar and shall furnish such officer with proper identification and in formation which will enable him to fill in all blanks appearing on the registration card. When any person who seeks to register as an elector is asked to provide proper identification by a registrar or a deputy registrar, as required by law, it shall be sufficient for the applicant to exhibit his valid driver's license, birth certificate, credit card, food stamp card, social

WEDNESDAY, FEBRUARY 9, 1983

783

security card, check-cashing card, passport, school record, work identifi cation record, utility bill, school identification, or Medicaid, medicare, or welfare identification. On completion of the form, the officer shall admin ister the oath to the applicant and then have him sign it, and the officer shall attest it. Upon request of the applicant, the officer taking the appli cation shall read or repeat the oath distinctly to the applicant; and, if the applicant cannot sign his name, the officer shall sign it for him, the appli cant making his mark thereto."
Section 15. Said title is further amended by striking in its entirety Code Section 21-3-161.1, relating to requirements for voting precincts in munici pal elections, and inserting in lieu thereof a new Code Section 21-3-161.1 to read as follows:
"21-3-161.1. (a) All voting precincts established or altered on or af ter July 1, 1983, shall consist of areas which are bounded on all sides only by:
(1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps; or
(2) The boundaries of counties and incorporated municipalities.
(b) No later than January 1, 1984, unless a waiver is granted by the Secretary of State, the governing authority shall move the boundaries of all precincts so that they conform to the requirements of subsection (a) of this Code section and continue to promote the convenience of electors and the public interests. The governing authority shall within 30 days prior to the establishment of any new boundaries required to conform with subsection (a) of this Code section publish a notice of such changes once a week for two weeks in the county organ and post a conspicuous notice of such changes in at least five public and conspicuous places in each affected precinct. At least one such notice shall be posted at or in the immediate vicinity of the polling place in each affected precinct. Each notice shall state the date upon which adoption of such changes is proposed to be made and shall direct interested persons to address their comments or questions to the superintendent.
(c) The governing authority shall notify the board of registrars within ten days after such changes are adopted.
(d) Not later than February 1, 1984, unless a waiver has been granted by the Secretary of State, each governing authority shall file with the Secretary of State a current copy of a map of all precincts in the municipality. Thereafter the governing authority shall file with the Secretary of State:
(1) A map reflecting any changes in precincts within 20 days after the changes are made;
(2) A copy of any communications to or from the United States Justice Department relating to any precincts within 20 days after such communication is sent or received;

784

JOURNAL OF THE SENATE

(3) A copy of any pleading initiating a court action potentially af fecting any precincts within 30 days after it is filed;
(4) A copy of any court order affecting any precincts within 20 days after it is entered; and
(5) Any other documentation necessary to allow the Secretary of State to maintain a current listing of all precincts in the state.
(e) The Secretary of State shall be authorized to waive and postpone the effective dates of compliance found in subsections (b) and (d) of this Code section with respect to any governing authority if compliance by such dates would cause an undue hardship."
Section 16. Said title is further amended by striking in its entirety sub section (d) of Code Section 21-3-185, relating to form of official primary ballots in municipal elections, which reads as follows:
"(d) If at any primary a political party shall submit to its members any matter or question to be voted upon, the party shall also have printed on the ballots the necessary language to guide the elector in the expres sion of his choice as to such matter or question.",
and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) A political party shall be prohibited from submitting to its members any other matter or question at any primary."
Section 17. Said title is further amended by striking in its entirety sub section (g) of Code Section 21-3-187, relating to form of official election ballot in municipal elections, which reads as follows:
"(g) Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate, then no name shall appear on the general election or special election ballot unless a write-in candidate has qualified as provided by law. Further, if there are no opposed candi dates, no eligible write-in candidates and no issues to be submitted to the electorate within a precinct, no election shall be conducted in that precinct.",
and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a general or special election, no election shall be held unless a write-in candidate has qualified as provided by law or unless there are issues to be submitted to the electorate within a precinct."
Section 18. Said title is further amended by striking in its entirety sub section (a) of Code Section 21-3-188, relating to uniformity of ballots within precincts in municipal elections, and inserting in lieu thereof a new subsec tion (a) to read as follows:
"(a) Ballots shall be at least six inches long and four inches wide and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type, which shall not be smaller

WEDNESDAY, FEBRUARY 9, 1983

785

than the size known as 'brevier' or 'eight point body,' upon white paper of uniform quality, without any impression or mark to distinguish one from another, and with sufficient thickness to prevent the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree. Each ballot shall be attached to a name stub, and all the ballots for the same precinct shall be bound together in books of 50 or 100, in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered; and, in the case of primary ballots, the number shall be pre ceded by an initial or abbreviation designating the party name. The num ber and initial or abbreviation which appears upon the stub shall also be printed in the upper portion of the front of the ballot, separated from the remainder of the ballot by a horizontal, perforated line so as to constitute a number strip, and so prepared that the upper portion of the front of the ballot containing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon: Tear off before depositing ballot in ballot box.'"
Section 19. Said title is further amended by striking in its entirety Code Section 21-3-280, relating to the definition of the term "absentee elector" in municipal elections, and inserting in lieu thereof a new Code Section 21-3280 to read as follows:
"21-3-280. The term 'absentee elector,' as used in this article, means an elector of the municipality who is required to be absent from said municipality during the time of the primary or election in which he desires to vote, or who will perform any of the official acts or duties set forth in this chapter in connection with the primary or election in which he desires to vote, or who, because of physical disability, will be unable to be present at the polls on the day of such primary or election, or who, because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election, or who is a fireman required to remain on duty in his or her place of employment during the entire time the polls are open when such place of employment is within the precinct in which the voter resides."
Section 20. Said title is further amended by adding at the end of Code Section 21-3-283, relating to applications for absentee ballots in municipal elections, a new subsection (d) to read as follows:
"(d) (1) A citizen of the United States permanently residing outside the United States is entitled to make application for an absentee ballot from Georgia and to vote by absentee ballot in any election covered by this chapter for which he is registered and otherwise qualified and in which absentee ballots are permitted to be used:
(A) If he was last domiciled in Georgia immediately before his de parture from the United States; and
(B) If he could have met all qualifications, except any qualification

786

JOURNAL OF THE SENATE

relating to minimum voting age, to vote in federal elections even though, while residing outside the United States, he does not have a place of abode or other address in Georgia.
(2) An individual is entitled to make application for an absentee ballot under paragraph (1) of this subsection even if his intent to return to Georgia may be uncertain, as long as:
(A) He has complied with all applicable Georgia qualifications and requirements which are consistent with 42 U.S.C. 1973dd concerning ab sentee registration for and voting by absentee ballots;
(B) He does not maintain a domicile, is not registered to vote, and is not voting in any other state or election district of a state or territory or in any territory or possession of the United States; and
(C) He has a valid passport or card of identity and registration is sued under the authority of the Secretary of State of the United States or, in lieu thereof, an alternative form of identification consistent with 42 U.S.C. 1973dd and applicable state requirements, if a citizen does not possess a valid passport or card of identity and registration."
Section 21. Said title is further amended by striking in its entirety Code Section 21-3-321, relating to restrictions on campaign activities within the vicinity of polling places in municipal elections, and inserting in lieu thereof a new Code Section 21-3-321 to read as follows:
"21-3-321. (a) No persons shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign liter ature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind on any primary or election day within 500 feet of the enclosed area of any polling place.
(b) No person shall solicit signatures for any petition on any pri mary or election day within 500 feet of the enclosed area of any polling place.
(c) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors."
Section 22. Said title is further amended by striking in its entirety Code Section 21-3-408, relating to special primaries or elections under certain sit uations in municipalities, and inserting in lieu thereof a new Code Section 21-3-408 to read as follows:
"21-3-408. (a) Whenever any primary or election shall fail to fill a particular nomination or office and such failure cannot be cured by a run-off primary or election, or whenever any person elected to public of fice shall die or withdraw prior to taking office, or whenever any person elected to public office shall fail validly to take that office, the authority with whom the candidates for such nomination or office file notice of can didacy shall thereupon call a special primary or election to fill such posi tion. If a special primary will not be held and unless otherwise provided

WEDNESDAY, FEBRUARY 9, 1983

787

by law, the call of a special election shall be made within 45 days after the occurrence of the vacancy.
(b) Whenever any person elected to public office shall, after taking office, die, withdraw, or for any other reason create a vacancy in his of fice and the municipal charter fails to provide a method for the filling of such vacancy, the governing authority shall thereupon call a special elec tion to fill such vacancy. The call of a special election in any such case shall be made within 45 days after the occurrence of the vacancy."
Section 23. Said title is further amended by adding at the end of Arti cle 12 of Chapter 3 a new Code section, to be designated Code Section 21-3410, to read as follows:
"21-3-410. Any other provision of law to the contrary notwithstand ing, in the event there is no opposed candidate in a precinct in a special or general primary, no special or general primary shall be held. The proper officials of the unopposed candidate's political party shall certify him as the party nominee for the office involved for the purpose of having his name placed upon the special or general election ballots or ballot la bels. Where feasible, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special or general primary election is to be conducted. Each such unopposed candidate shall be deemed to have voted for himself. The superintendent shall certify any such unopposed candidate as nominated in the same manner as he certi fies other candidates nominated pursuant to Code Section 21-3-403."
Section 24. Said title is further amended by striking in its entirety Code Section 21-5-10, relating to campaign contributions, and inserting in lieu thereof a new Code Section 21-5-10 to read as follows:
"21-5-10. (a) A person acting on behalf of a public utility corpora tion regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign.
(b) It shall, however, be lawful for a director, officer, or an employee of a public utility corporation to make a contribution to a political cam paign on his or her own behalf and for officials and employees of any such public utility corporation to establish and administer with corporate funds a political action committee, which committee shall have the au thority to receive and solicit contributions to be used exclusively for the purpose of influencing the outcome of an election or the nomination or election of individuals who are candidates for nomination or election to public office, excluding, however, candidates seeking election for positions on the Public Service Commission. The political action committee shall be a separate, segregated fund and contributions to it shall be limited to voluntary contributions from employees, officers, directors, and their families.
(c) For purposes of this Code section, any expenditure by a public utility corporation solely for the establishment and administration of a political action committee shall not be deemed a 'contribution' or an 'ex penditure' as defined in paragraphs (4) and (6) of Code Section 21-5-3, respectively."

788

JOURNAL OF THE SENATE

Section 25. All laws and parts of laws in conflict with this Act are repealed.

Senator Coverdell of the 40th offered the following amendment:
Amend the substitute to SB 165 offered by the Senate Committee on Governmental Operations by striking Sections 5 and 16 and renumbering the remaining sections, and
by striking on Page 1, lines 11 and 12 the following:
"to prohibit political parties from submitting questions to their members;".

Senator Deal of the 49th offered the following amendment:
Amend the substitute to SB 165 offered by the Senate Committee on Governmental Operations by deleting Section 24 on Pages 28 and 29 in its entirety and by renumbering on Page 29, line 20 "Section 25." to read "Section 24.", and
by striking on Page 2, line 16 the following:
"to permit a director, officer,",
and
by striking on Page 2, lines 17 through 34 in their entirety,
and
by striking on Page 3, line 1 and on line 2 the following:
"Section 21-53;".

On the adoption of the amendment offered by Senator Deal of the 49th, Senator Deal called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Bond
Bowen Brown of 47th urto" ,, CDoavwekrdinesll
Dea l
Engram
Fincher

Foster
Greene Holloway Howard .Land,
McKenzie
Peevy
Phillips

Scott of 2nd
Scott of 36th Scott of 43rd Starr S_, tumb, augh,
Thompson
Trulock
Tysinger

WEDNESDAY, FEBRUARY 9, 1983

789

Those voting in the negative were Senators:

Allgood Barnes Brannon Broun of 46th Bryant Cobb Coleman Dean English

Garner Gillis Harris Hill Hine Horton Hudgins Kennedy

Kidd Lester Littlefield McGill Perry Timmons Turner Walker

Those not voting were Senators:

Barker Brantley

Coggin Harrison (excused)

Summers Tate

On the adoption of the amendment offered by Senator Deal of the 49th, the yeas were 25, nays 25, and the amendment was lost.

Senator Deal of the 49th moved that the Senate reconsider its action in defeating the amendment offered by Senator Deal of the 49th.

Senator Deal of the 49th asked unanimous consent to withdraw his motion; the consent was granted.

Senator Kidd of the 25th moved that SB 165 be placed on the Table.

On the motion, the yeas were 45, nays 0; the motion prevailed, and SB 165 was placed on the Table.

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

At 12:40 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

790

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Thursday, February 10, 1983 Twenty-third Legislative Day

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

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

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

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

Mr. President:

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

HB 443. By Representatives Cox of the 141st and Long of the 142nd:
A bill to amend an Act creating the State Court of Decatur County, so as to change the compensation provisions relating to the judge of said court.

HB 452. By Representative Sizemore of the 136th:
A bill to amend an Act creating the Small Claims Court of Worth County, so as to change the jurisdictional amount of the court.

HB 469. By Representative Phillips of the 120th:
A bill to amend an Act creating a new charter for the City of Vidalia, so as to change the provisions relating to fines that may be imposed for the viola tion of the laws and ordinances of the city.

HB 470. By Representative Phillips of the 120th:
A bill to amend an Act creating the Board of Commissioners of Montgom ery County, so as to change the provisions relating to the compensation and expenses of the chairman and members of the board.

THURSDAY, FEBRUARY 10, 1983

791

HB 471. By Representative Phillips of the 120th:
A bill to amend an Act creating the office of commissioner of Wheeler County, so as to change the compensation of the commissioner.

HB 475. By Representatives Mueller of the 126th, Hamilton of the 124th, Johnson of the 123rd and others:
A bill to amend an Act relating to the Board of Public Education for the City of Savannah and the County of Chatham, so as to change the provi sions relating to the compensation of the members and chairman of said board.

HB 508. By Representatives Buck of the 95th, Smyre of the 92nd, Hirsch of the 96th and others:
A bill to amend an Act providing a charter for the county-wide government of Columbus, Georgia, so as to redefine the tort liability of the government.

HB 94. By Representative Selman of the 32nd:
A bill to amend Code Section 47-17-81 of the Official Code of Georgia An notated, relating to disability benefits under the Peace Officers' Annuity and Benefit Fund, so as to provide for the payment of disability benefits to cer tain persons who were previously members of the Peace Officers' Annuity and Benefit Fund and who, upon becoming disabled, were denied disability benefits.

HB 145. By Representatives Thomas of the 69th, Darden of the 20th, Karrh of the 109th and others:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for uniformity among the state courts with regard to certain aspects of such courts.

HB 212. By Representatives Ramsey of the 3rd, Clark of the 13th, Sizemore of the 136th and others:
A bill to amend Chapter 16 Title 47 of the Official Code of Georgia Anno tated, relating to the Sheriffs' Retirement Fund of Georgia, so as to provide for an additional member of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia and his term of office.

HB 278. By Representatives Bishop of the 94th, Atkins of the 21st, Aaron of the 56th and others:
A bill to amend Code Section 12-3-235 of the Official Code of Georgia An notated, relating to the powers of the Jekyll Island State Park Authority generally, so as to authorize the park authority to sell alcoholic beverages for consumption on the premises only upon certain property operated and controlled by the park authority after obtaining a license from the Depart ment of Revenue.

792

JOURNAL OF THE SENATE

HB 329. By Representatives Rainey of the 135th, Twiggs of the 4th, Irvin of the 11th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Anno tated, relating to hunting licenses, permits, and stamps, so as to authorize the Department of Natural Resources to enter into certain reciprocity agreements with certain states.

HB 371. By Representatives Coleman of the 118th, and Colwell of the 4th:
A bill to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Jekyll Island--State Park Authority Act," so as to provide that any fire department operated by the authority shall have the powers of a fire department of a county, municipality, or other political subdivision.

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

HR 14. By Representatives Lawson, Jackson and Wood of the 9th:
A resolution authorizing the conveyance of certain state owned real property located in Dawson County.

HR 64. By Representative Mostiler of the 75th:
A resolution authorizing and empowering the State of Georgia, acting by and through its Department of Human Resources, to sell and convey by quitclaim deed all of its rights, title, and interests in and to all or any por tion or portions of a certain tract of property situated in Spalding County, Georgia.

HR 66. By Representative Reaves of the 147th:
A resolution authorizing the conveyance of certain state owned real property located in Brooks County, Georgia.

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

SB 13. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to make it unlawful knowingly and intentionally to destroy or cause physical injury to a police dog.

THURSDAY, FEBRUARY 10, 1983

793

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

SB 89. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization, adminis tration, and enforcement of the revenue laws, so as to change the qualifica tions for the office of state revenue commissioner and deputy state revenue commissioner by removing certain restrictions.

SB 124. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend an Act implementing the Brunswick and Glynn County Development Authority, as amended, so as to provide that the Authority and the Jekyll Island State Park Authority each shall have the power to contract one with the other.

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

SB 238. By Senator Kidd of the 25th:
A bill to amend an Act creating a new charter for the City of Milledgeville, as amended, so as to change the provisions relating to the election and terms of office of the mayor and aldermen.
Referred to Committee on Federal, State and Community Affairs.

SB 239. By Senators Starr of the 44th, Allgood of the 22nd and Barnes of the 33rd:
A bill to amend Code Section 9-10-91 of the Official Code of Georgia Anno tated, relating to grounds for exercise of personal jurisdiction over nonresi dents, so as to provide for personal jurisdiction over nonresidents in certain domestic relations cases.
Referred to Committee on Judiciary.

SB 240. By Senators Starr of the 44th, Allgood of the 22nd and Barnes of the 33rd:
A bill to amend Code Section 19-6-1 of the Official Code of Georgia Anno tated, relating to the definition of alimony and when alimony is authorized and how alimony is determined, so as to provide for continuing jurisdiction in the court initially entering an order requiring a party to make periodic payments for child support or alimony.
Referred to Committee on Judiciary.

SB 241. By Senator Stumbaugh of the 55th:
A bill to amend Code Section 33-6-5 of the Official Code of Georgia Anno tated, relating to unfair methods of competition and unfair and deceptive acts or practices, so as to provide that no insurance company, when selling

794

JOURNAL OF THE SENATE

salvage motor vehicles, major component parts, or parts, shall sell to a used motor vehicle parts dealer, motor vehicle dismantler, motor vehicle rebuilder, salvage pool dealer, or salvage dealer who is not licensed under Chapter 48 of Title 43.
Referred to Committee on Insurance.

SB 242. By Senator Barnes of the 33rd:
A bill to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, so as to limit the amount of retained amounts; to provide an effective date.
Referred to Committee on Judiciary and Constitutional Law.

The following bills and resolutions of the House were read the first time and re ferred to committees:

HB 94. By Representative Selman of the 32nd:
A bill to amend Code Section 47-17-81 of the Official Code of Georgia An notated, relating to disability benefits under the Peace Officers' Annuity and Benefit Fund, so as to provide for the payment of disability benefits to cer tain persons who were previously members of the Peace Officers' Annuity and Benefit Fund and who, upon becoming disabled, were denied disability benefits.
Referred to Committee on Retirement.

HB 145. By Representatives Thomas of the 69th, Darden of the 20th, Karrh of the 109th and others:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for uniformity among the state courts with regard to certain aspects of such courts.
Referred to Committee on Judiciary.

HB 212. By Representatives Ramsey of the 3rd, Clark of the 13th, Sizemore of the 136th and others:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to provide for an additional member of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia and his term of office.
Referred to Committee on Retirement.

HB 278. By Representatives Bishop of the 94th, Atkins of the 21st, Aaron of the 56th and others:
A bill to amend Code Section 12-3-235 of the Official Code of Georgia An notated, relating to the powers of the Jekyll Island State Park Authority generally, so as to authorize the park authority to sell alcoholic beverages

THURSDAY, FEBRUARY 10, 1983

795

for consumption on the premises only upon certain property operated and controlled by the park authority after obtaining a license from the Depart ment of Revenue.
Referred to Committee on Governmental Operations.

HB 329. By Representatives Rainey of the 135th, Twiggs of the 4th, Irvin of the 11th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Anno tated, relating to hunting licenses, permits, and stamps, so as to authorize the Department of Natural Resources to enter into certain reciprocity agreements with certain states.
Referred to Committee on Natural Resources and Environmental Quality.

HB 371. By Representatives Coleman of the 118th and Colwell of the 4th:
A bill to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Jekyll Island--State Park Authority Act," so as to provide that any fire department operated by the authority shall have the powers of a fire department of a county, municipality, or other political subdivision.
Referred to Committee on Governmental Operations.

HB 443. By Representatives Cox of the 141st and Long of the 142nd:
A bill to amend an Act creating the State Court of Decatur County, so as to change the compensation provisions relating to the judge of said court.
Referred to Committee on Federal, State and Community Affairs.

HB 452. By Representative Sizemore of the 136th:
A bill to amend an Act creating the Small Claims Court of Worth County, so as to change the jurisdictional amount of the court.
Referred to Committee on Federal, State and Community Affairs.

HB 469. By Representative Phillips of the 120th:
A bill to amend an Act creating a new charter for the City of Vidalia, so as to change the provisions relating to fines that may be imposed for the viola tion of the laws and ordinances of the city.
Referred to Committee on Federal, State and Community Affairs.

HB 470. By Representative Phillips of the 120th:
A bill to amend an Act creating the Board of Commissioners of Montgom ery County, so as to change the provisions relating to the compensation and expenses of the chairman and members of the board.
Referred to Committee on Federal, State and Community Affairs.

796

JOURNAL OF THE SENATE

HB 471. By Representative Phillips of the 120th:
A bill to amend an Act creating the office of commissioner of Wheeler County, so as to change the compensation of the commissioner.
Referred to Committee on Federal, State and Community Affairs.

HB 475. By Representatives Mueller of the 126th, Hamilton of the 124th, Johnson of the 123rd and others:
A bill to amend an Act relating to the Board of Public Education for the City of Savannah and the County of Chatham, so as to change the provi sions relating to the compensation of the members and chairman of said board.
Referred to Committee on Federal, State and Community Affairs.

HB 508. By Representatives Buck of the 95th, Smyre of the 92nd, Hirsch of the 96th and others:
A bill to amend an Act providing a charter for the county-wide government of Columbus, Georgia, so as to redefine the tort liability of the government.
Referred to Committee on Federal, State and Community Affairs.

HR 14. By Representatives Lawson, Jackson and Wood of the 9th:
A resolution authorizing the conveyance of certain state owned real property located in Dawson County.
Referred to Committee on Public Utilities.

HR 64. By Representative Mostiler of the 75th:
A resolution authorizing and empowering the State of Georgia, acting by and through its Department of Human Resources, to sell and convey by quitclaim deed all of its rights, title, and interests in and to all or any por tion or portions of a certain tract of property situated in Spalding County, Georgia.
Referred to Committee on Public Utilities.

HR 66. By Representative Reaves of the 147th:
A resolution authorizing the conveyance of certain state owned real property located in Brooks County, Georgia. Referred to Committee on Public Utilities.

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

Mr. President:

The Committee on Appropriations has had under consideration the following bill

THURSDAY, FEBRUARY 10, 1983

797

of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 207. Do pass by substitute.
Respectfully submitted,
Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Children and Youth 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 138. Do pass by substitute. HB 58. Do pass

HB 103. Do pass. HB 325. Do pass as amended.

Respectfully submitted,

Senator Hudgins of the 15th District, Chairman

Mr. President:

The Committee on Human Resources 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 188. SB 225. SB 184. SB 190. SR 88.

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

HB 6. HB 104. HB 142. HR 12.

Do pass. Do pass. Do pass Do pass.

Respectfully submitted,

Senator Howard of the 42nd District, Chairman

Mr. President:

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

SB 198. Do pass.

SR 77. Do pass.

798

JOURNAL OF THE SENATE

HB 115. Do pass.

HB 170. Do pass. Respectfully submitted,
Senator Walker of the 19th 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:
H11BD 21.11.. DLSoU ppaaassa.. HB 26. Do pass by substitute. HB 34. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 176. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

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

SB 23. SB 224. SB 38.

Do pass. Do pass by substitute. Do pass.

Respectfully submitted,

Senator Greene of the 26th District, Chairman

THURSDAY, FEBRUARY 10, 1983

799

Mr. President:

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

SB 204. HB 11. HB 288.

Do pass as amended. Do pass. Do pass.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following reso lutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 79. Do pass. SR 89. Do pass.
Respectfully submitted,
Senator Brown of the 47th District, Chairman

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

SB 72. By Senators Tate of the 38th, Horton of the 17th and Kidd of the 25th:
A bill to amend Code Section 47-2-292 of the Official Code of Georgia An notated, relating to county tax commissioners, tax collectors, and tax receiv ers and the employees of such officials being members of the Employees' Retirement System of Georgia, so as to provide that such officials taking office after a certain date shall be members of the retirement system as a condition of holding office.

SB 92. By Senator Littlefield of the 6th:
A bill to amend Code Section 47-12-82 of the Official Code of Georgia An notated, relating to the salary for district attorneys emeritus and suspension while holding other office, so as to change the provisions relating to the sal ary of district attorneys emeritus.

800

JOURNAL OF THE SENATE

SB 96. By Senator Coggin of the 35th:
A bill to amend Chapter 12 of Title 47 of the Official Code of Georgia Annotated, relating to district attorneys emeritus, so as to change the provi sions relating to practicing law while serving as district attorney emeritus.

SB 145. By Senator Cobb of the 28th:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle parts dealers, dismantlers, and rebuilders and salvage dealers, so as to change the termination date of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuild ers, and Salvage Dealers and the date of repeal of laws relating to such board.

SB 163. By Senators Howard of the 42nd, Allgood of the 22nd and Starr of the 44th:
A bill to amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide for interest rates on life insurance policy loans.

SB 167. By Senator Hine of the 52nd:
A bill to amend Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty generally, so as to provide that under certain circumstances liens on certain property shall be created.

SB 169. By Senator Barnes of the 33rd:
A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective and private security agencies, so as to authorize the Georgia Board of Private Detective and Se curity Agencies to suspend licenses pending a hearing for failure to renew canceled bonds or failure to supply a financial affidavit in lieu of bonds.

SB 173. By Senators McGill of the 24th, English of the 21st, Walker of the 19th and others:
A bill to amend Chapter 50 of Title 43 of the Official Code of Georgia Annotated, relating to veterinary medicine, so as to revise the laws regulat ing technicians who assist veterinarians.

SB 177. By Senator Holloway of the 12th:
A bill to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract, so as to authorize the department to award a contract when only one bid has been received on a project.

THURSDAY, FEBRUARY 10, 1983

801

SB 182. By Senator Kidd of the 25th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to superior courts, so as to change the minimum annual sala ries for clerks of the superior courts; to provide an effective date.

SB 189. By Senator Timmons of the llth:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, so as to provide that, for purposes of determining the minimum annual salary of the clerk of supe rior court in any county in which more than 50 percent of the population of the county resides on certain property of the United States government, the population shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government; to provide an effective date.

SB 195. By Senator Land of the 16th:
A bill to amend Code Section 21-1-1 of the Official Code of Georgia Anno tated, relating to the placement of campaign material, so as to remove the restriction against placing certain campaign material on property zoned for particular uses.

SB 209. By Senators Gillis of the 20th and McGill of the 24th:
A bill to amend Chapter 14 of Title 2 of the Official Code of Georgia Anno tated, relating to the sale, etc., of agricultural products, so as to make it unlawful for any person to sell, package, or label any onions as "Vidalia onions" or to use the term "Vidalia" in connection with the sale of onions unless such onions were grown in the "Vidalia production area".

SR 61. By Senators Garner of the 30th, Engram of the 34th, Harrison of the 37th and others:
A resolution proposing an amendment to the Constitution so as to provide that certain public officeholders shall be deemed to have automatically re signed at the time of qualifying as a candidate for a different public office; to provide for applicability; to provide for the submission of this amendment for ratification or rejection.

HB 8. By Representatives Patten of the 149th and Manner of the 131st:
A bill to amend Article 2 of Chapter 11 of Title 17 of the Official Code of Georgia Annotated, relating to reimbursement for capital felony expenses, so as to define and redefine certain terms.

802

JOURNAL OF THE SENATE

HB 24. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to change the provisions relating to the oath of office of the Governor.

HB 25. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend the Official Code of Georgia Annotated so as to change the term "director of veterans service" to "commissioner of veterans service".

HB 27. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Article 2 of Chapter 4 of Title 14 of the Official Code of Georgia Annotated, relating to the incorporation of Secretary of State cor porations, so as to change the provisions relating to the number of directors of Secretary of State corporations.

HB 28. By Representatives Snow of the 1st, Karrh of the 109th, Bray of the 91st and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to add additional exceptions to the right to register and vote as required by Article II, Section I, Paragraph III of the Constitution of the State of Georgia.

HB 29. By Representatives Snow of the 1st, Bray of the 91st, Karrh of the 109th and others:
A bill to amend Article 12 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to election returns, so as to provide for the preparation and filing of four copies of the consolidated returns of primaries and elections by the superintendent.

HB 30. By Representatives Snow of the 1st, Lawson of the 9th, Bray of the 91st and others:
A bill to amend Code Section 28-1-11, relating to maintenance of engrossed copies of laws and joint resolutions, so as to provide for the publication of such laws and joint resolutions.

HB 31. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Part 1 of Article 2 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, relating to the reward to the first person, or corporation which puts down and brings in the first commercial oil well in this state, so as to change the provisions relating to the determination as to whether such well is producing the required amount of oil per day.

THURSDAY, FEBRUARY 10, 1983

803

HB 32. By Representatives Snow of the 1st, Karrh of the 109th, Bray of the 91st and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated relating to elections, so as to revise and update certain eligibility requirements for persons holding office in this state as required by Article II, Section II, Par agraph III of the Constitution of the State of Georgia.

HB 33. By Representatives Snow of the 1st, Lawson of the 9th, Bray of the 91st and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions relative to the General Assembly of Georgia, so as to provide for the oath of office of members of the General Assembly.

HB 35. By Representatives Snow of the 1st, Karrh of the 109th, Bray of the 91st and others:
A bill to amend Code Section 21-2-501 of the Official Code of Georgia An notated, relating to certain prerequisites and procedures regarding the hold ing of a primary or election, so as to provide that a run-off primary or run off election shall be a continuation of the primary or election and only per sons who were entitled to vote in the primary or election shall be entitled to vote therein.

HB 36. By Representatives Snow of the 1st, Karrh of the 109th, Bray of the 91st and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions relative to the General Assembly of Georgia, so as to repeal the provisions relating to the election of the Presi dent of the Senate and the Speaker of the House of Representatives and the President Pro Tempore of the Senate and the Speaker Pro Tempore of the House of Representatives.

HB 50. By Representative Lane of the 27th:
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 56. By Representatives Thomas of the 69th, Wood of the 9th, Jackson of the 83rd and others:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to instructional services in public schools, so as to provide military recruiters with access to the campus and to student directory information in public secondary schools under certain conditions.

804

JOURNAL OF THE SENATE

HB 66. By Representatives Isakson of the 21st, Lane of the 27th, Adams of the 36th and Murphy of the 18th:
A bill to amend Chapter 5 of Title 43 of the Official Code of Georgia Anno tated, relating to the Georgia Board of Athletic Trainers, so as to provide for licensure for certain persons who do not otherwise meet licensure requirements.

HB 77. By Representative Ramsey of the 3rd:
A bill to repeal Article 5 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to Georgia as a party state to the Vehicle Equipment Safety Compact.

HB 82. By Representatives Patten of the 149th, Carter of the 146th and Crosby of the 150th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of court, so as to change the terms of court of the Alapaha Judicial Circuit.

HB 133. By Representatives Walker of the 115th, Evans of the 84th and Smyre of the 92nd:
A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to provide for two additional members on the council.

HB 140. By Representatives Walker of the 115th, Evans of the 84th and Smyre of the 92nd:
A bill to amend Code Section 10-1-395 of the Official Code of Georgia An notated, relating to the Consumer Advisory Board, so as to provide for new members of the board.

HB 153. By Representatives Jackson, Wood and Lawson of the 9th and others:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Anno tated, relating to definitions with respect to the indemnification of law en forcement officers, firemen, and prison guards, so as to change the definition of the term "fireman".

HB 194. By Representative Copelan of the 106th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of court, so as to change the terms of court in Greene County within the Ocmulgee Judicial Circuit.

THURSDAY, FEBRUARY 10, 1983

805

HB 195. By Representatives Copelan of the 106th, Birdsong of the 104th, Waldrep of the 80th and Lambert of the 66th:
A bill to provide for the drawing of grand juries in each county in the Ocmulgee Judicial Circuit and the length of terms of said grand juries.

HB 255. By Representative Triplett of the 128th:
A bill to amend Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the Georgia Highway Authority, so as to authorize the Department of Transportation to provide maintenance and operational assistance to the State Tollway Authority.

HB 311. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to amend an Act creating the office of tax commissioner of Jefferson County, so as to provide a salary for the tax commissioner which shall be in lieu of all other compensation.

HB 312. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to abolish the office of treasurer of Jefferson County; to provide for the designation of a person or depository to perform the duties of treasurer.

HB 391. By Representatives Murphy of the 18th, Connell of the 87th, Karrh of the 109th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, and adult education, so as to pro vide for the State Board of Education and the commissioner of public safety to establish jointly an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle.

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 187. By Senator Scott of the 43rd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties, so as to provide that any county of this state having a population within the unincorporated area thereof of 350,000 or more according to the United States decennial census of 1980 or any future such census shall be vested with the powers of a municipal corporation within such unincorporated area.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to SB 187:

806

JOURNAL OF THE SENATE

A BILL TO BE ENTITLED AN ACT
To amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties, so as to provide that any county of this state having a population within the unincorporated area thereof of 350,000 or more according to the United States decennial census of 1980 or any future such census shall be vested with the powers of a municipal corporation within such unincorporated area; to provide that revenues produced by the county as a municipal corporation within the un incorporated area shall be expended only within such unincorporated area; to provide that the governmental immunity of any such county shall not be waived by the exercise of municipal powers; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties, is amended by adding at the end thereof a new Code Section 36-1-20 to read as follows:
"36-1-20. (a) This Code section shall apply only to each county of this state having a population within the unincorporated area thereof of 350,000 or more according to the United States decennial census of 1980 or any future such census. As used in this Code section, the term 'urban county' means only those counties to which this Code section is applicable.
(b) Each such urban county is vested with the powers, rights, and privileges of a municipal corporation within the unincorporated area of such county. Such powers shall include all powers, rights, and privileges granted to municipal corporations by the Constitution and general laws of this state.
(c) The governing authority of each urban county is vested with the power to provide any governmental service within its unincorporated area that municipal corporations are authorized to provide by the Constitution and general laws of this state.
(d) When the governing authority of an urban county exercises its powers of a municipal corporation to impose and collect fees, charges, and taxes within its unincorporated area, the revenues so produced shall be accounted for separately from other revenues produced by the gov erning authority of the urban county in its capacity as a county govern ment. Revenues produced by the governing authority of an urban county within its unincorporated area through the exercise of its powers as a municipal corporation shall be expended to provide governmental services only within the unincorporated area.
(e) Nothing in this Code section shall be construed as a wavier of the governmental immunity of any such urban county."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, FEBRUARY 10, 1983

807

On the adoption of the substitute, the yeas were 51 nays 0, and the substitute was adopted.

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

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

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

HB 220. By Representatives Richardson of the 52nd, Robinson of the 58th, Alford of the 57th and others:
A bill expressing approval of the DeKalb County probation system becom ing a part of the state-wide probation system.

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

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

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

The President introduced Honorable Reubin Askew, former Governor of the State of Florida, who briefly addressed the Senate.

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

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell

Dawkins Deal Dean English Engram Fincher Foster Gillis Greene Harris Hill Hine Holloway Horton

Howard Hudgins Kennedy Kidd Land tester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th

808

JOURNAL OF THE SENATE

Scott of 43rd Starr Stumbaugh

Tate Thompson Trulock

Turner Tysinger Walker

Those not answering were Senators:

Bryant Garner

Harrison (excused) Summers (deceased)

Timmons

Senator Coggin of the 35th introduced the chaplain of the day, Reverend Jim Scarborough, pastor of the Hapeville United Methodist Church, Hapeville, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 98. By Senators Littlefield of the 6th, Kidd of the 25th and Bryant of the 3rd: A resolution recognizing Curtis L. Atkinson.

SR 101. By Senator Kidd of the 25th: A resolution commending Mr. Thomas J. Lahey, Jr.

SR 102. By Senator Kidd of the 25th: A resolution commending Mr. William Michael Zarkowsky.

SR 104. By Senator Kennedy of the 4th: A resolution commending Edna Callaway Howard on her birthday.

SR 105. By Senator Starr of the 44th: A resolution commending Miss Julia Lucas.

SR 106. By Senator Starr of the 44th: A resolution recognizing and commending Georgia Jaycees Rebel Corps.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.
SENATE RULES CALENDAR Thursday, February 10, 1983
TWENTY-THIRD LEGISLATIVE DAY SB 161 Banking and Finance Commissioner and Deputy--financial restric
tions (B&F--23rd)

THURSDAY, FEBRUARY 10, 1983

809

SB 162 SB 164 SB 166 SB 191 SB 194 SB 196 SB 200 SR 52 SR 53 SR 54 SR 60 SR 64 SR 69 HB 173 SB 206 SB 157

Bank Officials, Employees Indicted for Moral Turpitude, Etc.--suspension (B&F--23rd)
Teachers--change provisions on sick leave accumulation (Ed--38th)
Property Tax Returns--defines who may make (B&F--44th)
Policemen, Firemen, Prison Guards Indemnification--redefine "law enforcement officer" (Pub Saf--15th)
Methaqualone--change provisions relating to possession (Pub Saf--7th)
Ad Valorem Property Tax--redefine foreign merchandise in transit (B&F--1st)
Insurance--informational booklets written in plain langugage (Ins--17th)
Professional Qualifications System for Fire Service Personnel--urging funds (Pub Saf--28th)
Fire Academy--support urging funds (Pub Saf--28th)
Fire Data System--support urging funds to continue operation (Pub Saf--28th)
Armed Services Vocational Aptitude Battery Test--encourage (SUB STITUTE) (Ed--12th)
Senate Music Industry Committee--create (J&CL--26th)
Federal Court Monitors--relative to appointment (AMENDMENT) (Off R--50th)
Policemen, Firemen, Prison Guard Indemnification--redefine prison guard (Off R--30th)
Probationers--live-in attendant for disabled constitutes community service (Off R--25th)
Junior Colleges--payments by board of regents to local operating au thorities (H Ed--43rd)

Respectfully submitted,
/s/ Dean of the 31st, Chairman Senate Rules Committee

Senator Kidd of the 25th moved that the following general bill of the Senate, having been read the third time on February 9 and tabled, be taken from the Table:

SB 165. By Senator Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to form of registration cards; to provide for absentee voter registration by persons outside of the United States.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 165 was taken from the Table and placed at the foot of the Senate Rules Calendar for today.

810

JOURNAL OF THE SENATE

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

SB 161. By Senators Lester of the 23rd and Gillis of the 20th:
A bill to amend Code Section 7-1-37 of the Official Code of Georgia Anno tated, relating to restrictions on the Commissioner of Banking and Finance, officials, and examiners and penalties for violations, so as to provide that the restrictions applicable to certain prohibited financial transactions shall only apply to the commissioner, the statutory deputy commissioner, and profes sional examining personnel.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Dawkins Deal English

Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Bryant Dean

Harrison (excused) Kennedy (presiding) Littlefield

Summers (deceased) Timmons

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

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

THURSDAY, FEBRUARY 10, 1983

811

SB 162. By Senators Lester of the 23rd and Gillis of the 20th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to authorize the Department of Banking and Finance to suspend from office any director, officer, or em ployee of any financial institution who shall have been indicted for any crime involving moral turpitude or breach of trust or who shall have filed bankruptcy in an individual capacity or in the name of any majority owned corporate interest.

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

On 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 Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell English

Engram Foster Garner Gillis Greene Harris Hill Holloway Horton Hudgins Kidd Land Lester

McGill McKenzie Perry Phillips Scott of 2nd Starr Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Bond Dawkins Deal

Hine Howard Peevy

Scott of 36th Scott of 43rd Tate

Those not voting were Senators:

Brannon Bryant Dean

Fincher Harrison (excused) Kennedy (presiding)

Littlefield Summers (deceased)

On the passage of the bill, the yeas were 39, nays 9.

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

812

JOURNAL OF THE SENATE

Senator Land of the 16th introduced the three doctors of the day: Dr. Bob Maughon, of Columbus, Georgia; Dr. James Hagler, of Buena Vista, Georgia; and Dr. Tom Theus, of Columbus, Georgia.

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

SB 164. By Senator Tate of the 38th:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia An notated, relating to sick leave for teachers and other personnel, so as to change the provisions relative to the accumulation of sick leave.

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

On the passage of the bill, 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 Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bryant Fincher

Harrison i Kennedy i

Summers (deceased)

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

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

THURSDAY, FEBRUARY 10, 1983

813

SB 166. By Senator Starr of the 44th:
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 pro vide that it shall be unlawful for any unauthorized person to return property for taxation; to provide a penalty; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram

Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Kidd Land Lester Littlefield McGill

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon Bryant

Coggin Fincher Harrison (excused)

Kennedy (presiding) Summers (deceased)

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

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

SB 191. By Senator Hudgins of the 15th:
A bill to amend 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, so as to change the definition of the term "law enforcement officer".

814

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal Dean English

Engram Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Hudgins Kidd Land Lester Littlefield McGill

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Bryant Coggin

Fincher Harrison (excused) Hill

Kennedy (presiding) Summers (deceased)

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

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

SB 194. By Senators Perry of the 7th and Cobb of the 28th:
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 the drug methaqualone.

Senator Broun of the 46th moved that SB 194 be committed to the Senate Com mittee on Judiciary and Constitutional Law.

On the motion, the yeas were 38, nays 3; the motion prevailed, and SB 194 was committed to the Senate Committee on Judiciary and Constitutional Law.

THURSDAY, FEBRUARY 10, 1983

815

The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:

Secretary of State 214 State Capitol
Atlanta 30334
Honorable Hamilton McWhorter Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Secretary McWhorter:

I do hereby certify that the consolidated returns on file in this office for the Special Election held on the 25th day of January, 1983 in District 53 of the State Senate, Catoosa County (in part), Chattooga County, Dade County and Walker County, to fill the vacancy caused by the death of E. G. Summers, show the following results:

Carl Ellis Waymond (Sonny) Huggins Mike Kelley James McCauley J. William (Bill) Rhyne Donna M. Street William R. (Bill) Tatum

Catoosa Chattooga Dade Walker Total

214

247 64 1783 2308

45

380 48 1461 1934

64

67 5 690 826

21

128 8 143 300

13

106 28 776 923

5

578 853 245 1681

2

59 478 68 607

WRITE-INS

Charlie Fields

1

Arnold Eaves

1

Inasmuch as no candidate received a majority of the votes cast, a Special Runoff Election was held on February 8, 1983 and the consolidated returns on file in this office show the following results:

Carl Ellis Waymond (Sonny) Huggins

Catoosa Chattooga Dade Walker Total

268

492 369 2724 3853

112

979 445 3137 4673

WRITE-INS James McCauley Bill Rhyne

1

1

1

1

Given under my hand and seal of office

on this the 9th day of February, 1983.

/s/ Max Cleland Secretary of State

816

JOURNAL OF THE SENATE

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed Senators Foster of the 50th and Hine of the 52nd as a Committee of Escort to escort Senator-elect Waymond Huggins to the Rostrum.

The Honorable Waymond Huggins was administered the oath of office as State Senator from the 53rd District by the Honorable George T. Smith, Justice of the Su preme Court, at 11:50 o'clock A.M.

The following communication was received and read by the Secretary:

The State Senate Atlanta, Georgia 30334
February 10, 1983
Mr. Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Ga.
Dear Mr. Secretary:

Pursuant to the election of Senator Waymond C. Huggins as the Sena tor from the 53rd Senatorial District, I hereby appoint him to serve on the following Senate Standing Committees and Subcommittees:
Education Committee Vocational & Technical Subcommittee
Offender Rehabilitation Committee Probation, Pardons & Paroles Subcommittee
Retirement Committee, Secretary Transportation Committee
Sincerely,
/s/ Zell Miller

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

SB 196. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions pertaining to ad valorem taxation of property, so as to redefine the term "foreign merchandise in transit".

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

THURSDAY, FEBRUARY 10, 1983

817

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

Engrain Foster Garner Gillis Harris Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester Littlefield

McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Hill.

Those not voting were Senators:

Brannon Bryant English

Fincher Greene Harrison (excused)

Kennedy (presiding) McKenzie Thompson

On the passage of the bill, the yeas were 46, nays 1.

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

SB 200. By Senator Horton of the 17th:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Anno tated, relating to the general requirements for transacting insurance in this state, so as to provide that only those informational booklets which are pro vided by insurers shall be required to be written in simplified and plain language.

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

818

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 Bond Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean Engram

Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Bryant English

Fincher Harrison (excused)

Kennedy (presiding) Thompson

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

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

SR 52. By Senators Cobb of the 28th and Walker of the 19th
A resolution supporting the recommendation of the State-wide Fire Protec tion Study Committee, the Georgia Association of Fire Chiefs, and the Georgia State Firemen's Association urging the appropriation of sufficient funds necessary to establish the National Professional Qualifications System for fire service personnel to be administered by the Georgia Firelighter Stan dards and Training Council.

Senator Cobb of the 28th moved that SR 52 be withdrawn from consideration of the Senate.

On the motion, the yeas were 38, nays 0; the motion prevailed, and SR 52 was withdrawn from consideration of the Senate.

THURSDAY, FEBRUARY 10, 1983

819

SR 53. By Senators Cobb of the 28th and Walker of the 19th:
A resolution supporting the recommendation of the State-wide Fire Protec tion Study Committee, the Georgia Association of Fire Chiefs, and the Georgia State Firemen's Association urging the appropriation of sufficient funds for the operation of the Georgia Fire Academy and for the addition of one instructor to develop and implement courses of study and programs in volving public fire safety education.

Senator Cobb of the 28th moved that SR 53 be withdrawn from consideration of the Senate.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SR 53 was withdrawn from consideration of the Senate.

SR 54. By Senators Cobb of the 28th and Walker of the 19th:
A resolution supporting the recommendation of the State-wide Fire Protec tion Study Committee, the Georgia Association of Fire Chiefs, and the Georgia State Firemen's Association urging the appropriation of sufficient funds dedicated to continue the operation of the state fire data system within the office of the state fire marshal.

Senator Cobb of the 28th moved that SR 54 be withdrawn from consideration of the Senate.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SR 54 was withdrawn from consideration of the Senate.

SR 60. By Senators Holloway of the 12th, Thompson of the 32nd and Foster of the 50th:
A resolution encouraging all schools to administer the Armed Services Vo cational Aptitude Battery Test (ASVAB).

The Senate Committee on Education offered the following substitute to SR 60:

A RESOLUTION
Encouraging all schools to administer the Armed Services Vocational Aptitude Battery Test (ASVAB); and for other purposes.
WHEREAS, the military services expose young people to a wide range of employment and training options through the nation-wide high school testing program; and
WHEREAS, the Armed Services Vocational Aptitude Battery can be a valuable diagnostic instrument in advising and guiding those students who

820

JOURNAL OF THE SENATE

display the aptitude, interest, and motivation to seek training and employ ment in various technical fields; and
WHEREAS, because of the technical complexities of our modern mili tary support system, the need for intelligent, well-educated young men and women has never been greater; and
WHEREAS, the information obtained from the test results of the Armed Services Vocational Aptitude Battery is vital for identifying qualified men and women for the National Guard and the military forces of the United States; and
WHEREAS, the military service should be afforded an opportunity to make students aware of occupational or educational options, especially in these times of national concern.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that school officials are encouraged to incorporate the Armed Services Vocational Aptitude Battery Test (ASVAB) into continuing education and career coun seling programs and to schedule and administer such test to all juniors or seniors in the public high schools of Georgia.
BE IT FURTHER RESOLVED that the Secretary of the Senate is instructed to transmit a copy of this resolution to Dr. Charles McDaniel, State Superintendent of Schools.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Dawkins

Deal Dean English Engram Foster Gillis Greene Harris Hill Hine Holloway Horton Howard

Hudgins Huggins Kidd Land Lester Littlefield McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd

THURSDAY, FEBRUARY 10, 1983

821

Starr Stumbaugh Tate

Thompson Timmons Turner

Tysinger Walker

Those not voting were Senators:

Brannon Bryant Coverdell

Fincher Garner Harrison (excused)

Kennedy (presiding) McKenzie Trulock

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

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

The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:

SB 13. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to make it unlawful knowingly and intentionally to destroy or cause physical injury to a police dog.

The House amendments were as follows:

Amendment No. 1:
Amend SB 13 as follows:
On Page 1, line 4, insert between the words "cause" and "physical" the following words:
"serious or debilitating"
and
On Page 2, line 11, insert between the words "causes" and "physical" the following words:
"serious or debilitating".

Amendment No. 2:
Amend SB 13 by adding after the word "dog" on line 11, Page 2, the following:

822

JOURNAL OF THE SENATE

", knowing said dog to be a police dog or while said dog is engaged in bomb detection, firearms detection, narcotic detection, patrolling or tracking,".

Senator Kidd of the 25th moved that the Senate agree to House Amendment No. 1 and disagree to House amendment No. 2.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to House amendment No. 1 and disagreed to House amendment No. 2.

The following general resolutions of the Senate and bill of the House, favorably reported by the committees, were read the third time and put upon their adoption:

SR 64. By Senators Greene of the 26th, English of the 21st, Broun of the 46th and others:
A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizen's advisory council thereto.

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 Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

THURSDAY, FEBRUARY 10, 1983

823

Those not voting were Senators:

Brannon Bryant

Fincher Harrison (excused)

Kennedy (presiding) Phillips

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 69. By Senator Foster of the 50th: A resolution relative to the appointment of Federal Court Monitors.
The Senate Committee on Offender Rehabilitation offered the following amendment:
Amend SR 69 by striking on line 10 of Page 2 the following: "$95.00",
and inserting in lieu thereof the following: "$75.00".
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bowen Brantley Broun of 46th Brown of 47th
Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Giliis Greene Harris Hill Hine Holloway Horton Howard Huggins Kidd

Land Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate

824

JOURNAL OF THE SENATE

Thompson Timmons

Trulock Turner

Tysinger Walker

Voting in the negative were Senators Allgood and Bond.

Those not voting were Senators:

Brannon Bryant

Fincher Harrison (excused)

Hudgins Kennedy (presiding)

On the adoption of the resolution, the yeas were 48, nays 2.

The resolution, having received the requisite constitutional majority, was adopted as amended.

HB 173. By Representatives Manner of the 131st, Hays of the 1st, Ramsey of the 3rd and others:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Anno tated, relating to definitions with respect to indemnification of law enforce ment officers, firemen, and prison guards, so as to change the definition of the term "prison guard".
Senate Sponsor: Senator Garner of the 30th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood
Barker
Barnes Bond
Bowen Brantley
Broun of 46th
Brown of 47th Burton
Cobb
Coggin Coleman
Coverdell Dawkins
Deal

Dean
English
Engram
Foster Garner Gillis
Greene Harris
Hill
Hine Holloway
Horton Howard
Huggins
Kidd

Land
Lester Littlefield
McGill
McKenzie Peevy
Perry Phillips
Scott of 2nd Scott of 36th
Scott of 43rd Starr
Stumbaugh
Tate Thompson

THURSDAY, FEBRUARY 10, 1983

825

Timmons Trulock

Turner Tysinger

Walker

Those not voting were Senators:

Brannon Bryant

Fincher Harrison (excused)

Hudgins Kennedy (presiding)

On the passage of the bill, the yeas were SO, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 12:35 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

826

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, February 11, 1983
Twenty-fourth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 480. By Representatives Home of the 103rd, Groover of the 99th, Pinkston of the 100th and others:
A bill to repeal an Act entitled "An Act to amend an Act approved Febru ary 6, 1873 appearing on page 219 et. seq. of the published Acts of The General Assembly of Georgia 1873, and captioned, 'An Act to establish a county board of Commissioners for the County of Bibb; to define its duties; and for other purposes therein named' and subsequent Acts amendatory thereof."

HB 481. By Representatives Home of the 103rd, Groover of the 99th, Pinkston of the 100th and others:
A bill to repeal an Act entitled "An Act to amend an Act approved March 3, 1955, codifying all former Acts of the General Assembly of the State of Georgia, relating to and dealing with the Municipal Court of the City of Macon and its successor in name, jurisdiction and powers, the Civil Court of Bibb County, which Acts abolished justice courts and the office of justice of the peace and notary public; . . . and for other purposes.", so as to provide that such repeal will not affect the status, retirement pay, or compensation of any presently retired or emeritus judge of the Civil Court of Bibb County.

FRIDAY, FEBRUARY 11, 1983

827

HB 486. By Representative Crawford of the 5th:
A bill to amend an Act creating a new charter for the City of Summerville in Chattooga County, so as to create the position of city manager.

HB 487. By Representative Maddox of the 7th: A bill to provide a new charter for the City of Calhoun, Georgia.

HB 488. By Representatives Benefield, Bailey, Johnson of the 72nd and others:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.

HB 489. By Representatives Benefield, Bailey, Johnson of the 72nd and others:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the provisions relative to the compensation of the chairman.

HB 490. By Representatives Benefield, Bailey, Johnson of the 72nd and others:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relative to the compensation of the tax commissioner.

HB 491. By Representatives Benefield, Bailey, Johnson of the 72nd and others:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers.

HB 496. By Representatives Benefield, Bailey, Holcomb of the 72nd and others:
A bill to amend an Act creating the State Court of Clayton County, so as to increase the salary of the solicitor of said court.

HB 498. By Representatives Benefield, Bailey, Johnson of the 72nd and others:
A bill to amend an Act creating the State Court of Clayton County, so as to change the provisions relating to the compensation of the judges and solici tor of said court.

HB 499. By Representative Edwards of the 112th:
A bill to amend an Act creating a new charter for the City of Reynolds, so as to change the provisions relating to bids for contracts for labor or materi als to be furnished to the city.

828

JOURNAL OF THE SENATE

HB 506. By Representatives Dunn of the 73rd and Jones of the 78th:
A bill to amend an Act providing a new board of commissioners of Henry County, so as to change the compensation of the members of the board of commissioners.

HB 509. By Representatives Mostiler of the 75th, Johnson of the 76th, Adams of the 79th and Heard of the 43rd:
A bill to amend an Act creating the Griffin Judicial Circuit, so as to change the county supplement for the district attorneys of that judicial circuit.

HB 230. By Representatives Murphy of the 18th, Burruss of the 20th, Collins of the 144th and others:
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 pro vide for preferential assessment of tangible real property which is devoted to bona fide agricultural purposes.

HB 328. By Representative Ross of the 82nd:
A bill to amend an Act creating the Toombs Circuit and providing the days for holding sessions of court in each county, so as to change the terms for which the grand jury of the superior court of Lincoln County may be convened.

HB 432. By Representatives Pinkston of the 100th, Buck of the 95th and Groover of the 99th:
A bill to amend Article 6 of Chapter 3 of Title 20, known as the "Private Colleges and Universities Facilities Authority Act," so as to change the short title.

HB 180. By Representatives Collins of the 144th, Murphy of the 18th, Walker of the 115th and others:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to income taxation, so as to provide for a program of grants for tax relief purposes to persons 62 years of age or older for sales tax paid and not otherwise reimbursed on prescription drugs.

HB 327. By Representatives Ross of the 82nd, Murphy of the 18th, Mostiler of the 75th and others:
A bill to amend Code Section 50-13-2 of the Official Code of Georgia Anno tated, relating to definitions under the "Georgia Administrative Procedure Act," so as to provide that the word "agency" shall mean and include the State Board of Education and the State Department of Education.

FRIDAY, FEBRUARY 11, 1983

829

HB 335. By Representatives Logan of the 67th, Murphy of the 18th, Argo of the 68th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to com memorate the bicentennial of the founding of the University of Georgia.

HB 326. By Representative Evans of the 84th:
A bill to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to forfeiture proceedings for bonds or recogni zances, so as to repeal certain provisions relating to institution of forfeiture proceedings generally.

HB 397. By Representatives Hanner of the 131st and Ramsey of the 3rd:
A bill to amend 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, so as to include among the definitions of "per manent disability," organic brain damage resulting from physical trauma under certain conditions.

HB 399. By Representative Phillips of the 125th:
A bill to amend Code Section 43-34-37 of the Official Code of Georgia An notated, relating to the authority of the Composite State Board of Medical Examiners to refuse to issue licenses and to suspend licenses, to hearings before the board, and to immunity of witnesses for giving testimony, so as to change the provisions relating to immunity from civil and criminal liability relative to certain investigations and the giving of testimony in certain instances.

HB 353. By Representatives Walker of the 115th, Evans of the 84th, Phillips of the 125th and others:
A bill to amend Part 2 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Heritage Trust Program, so as to extend the life of the Heritage Trust Commission until July 1, 1988.

HB 242. By Representatives Chambless of the 133rd, Young of the 134th and Balkcom of the 140th:
A bill to amend Code Section 36-83-3 of the Official Code of Georgia Anno tated, relating to definitions regarding the local government investment pool, so as to change a definition in order to authorize certain departments, agen cies, and boards of political subdivisions to utilize the investment pool.

830

JOURNAL OF THE SENATE

The House has adopted by the requisite constitutional majority the following reso lution of the House:

HR 167. By Representatives Lee, Bailey, Johnson of the 72nd and others:
A resolution urging the Clayton County Board of Education to appeal the recent federal district court decision regarding the establishment clause of the First Amendment.

The following bills of the Senate were introduced, read the first time and referred to committees:

SB 243. By Senators Scott of the 43rd and Broun of the 46th:
A bill to amend Code Section 3-3-22 of the Official Code of Georgia Anno tated, prohibiting the sale of alcoholic beverages to intoxicated persons, so as to require taverns to place breath analysis machines on the premises to allow patrons to measure intoxication.
Referred to Committee on Consumer Affairs.

SB 244. By Senator Kennedy of the 4th:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to repeal the "Georgia Youthful Offender Act of 1972".
Referred to Committee on Offender Rehabilitation.

SB 245. By Senator Burton of the 5th:
A bill to amend Code Section 44-14-361 of the Official Code of Georgia Annotated, relating to materialmen's liens, generally, so as to provide that materialmen's liens shall attach to real property when labor, services, or ma terial are furnished at the instance of the owner of a leasehold estate in the real property or the holder of a usufruct in the real property.
Referred to Committee on Judiciary.

SB 246. By Senators Hudgins of the 15th, Bond of the 39th, Tate of the 38th and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the Council of Juvenile Court Judges may receive legal or social case information on children.
Referred to Committee on Children and Youth.

FRIDAY, FEBRUARY 11, 1983

831

SB 247. By Senators Garner of the 30th, Engram of the 34th, Thompson of the 32nd and others:
A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to make it unlaw ful knowingly to publish or broadcast the name or identity of a person under the age of 17 years who has been or may have been the victim of a crime which constitutes a felony without the written consent of a parent or the legal guardian of such person.
Referred to Committee on Children and Youth.

SB 248. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, relating to public disclosure by candidates of campaign contributions and expenditures, so as to change the definition of expenditure.
Referred to Committee on Governmental Operations.

SB 249. By Senators Harris of the 27th, Greene of the 26th, Cobb of the 28th and others:
A bill to amend Code Section 15-9-13 of the Official Code of Georgia Anno tated, relating to proceedings when a probate judge is disqualified or unable to act, so as to provide that any probate judge may appoint an attorney to act in place of the judge; to provide an effective date.
Referred to Committee on Judiciary and Constitutional Law.

The following bills and resolution of the House were read the first time and re ferred to committees:

HB 180. By Representatives Collins of the 144th, Murphy of the 18th, Walker of the 115th and others:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to income taxation, so as to provide for a program of grants for tax relief purposes to persons 62 years of age or older for sales tax paid and not otherwise reimbursed on prescription drugs.
Referred to Committee on Banking and Finance.

HB 230. By Representatives Murphy of the 18th, Burruss of the 20th, Collins of the 144th and others:
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 pro vide for preferential assessment of tangible real property which is devoted to bona fide agricultural purposes.
Referred to Committee on Banking and Finance.

832

JOURNAL OF THE SENATE

HB 242. By Representatives Chambless of the 133rd, Young of the 134th and Balkcom of the 140th:
A bill to amend Code Section 36-83-3 of the Official Code of Georgia Anno tated, relating to definitions regarding the local government investment pool, so as to change a definition in order to authorize certain departments, agen cies, and boards of political subdivisions to utilize the investment pool.
Referred to Committee on Federal, State and Community Affairs (General).

HB 326. By Representative Evans of the 84th:
A bill to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to forfeiture proceedings for bonds or recogni zances, so as to repeal certain provisions relating to institution of forfeiture proceedings generally.
Referred to Committee on Judiciary.

HB 327. By Representatives Ross of the 82nd, Murphy of the 18th, Mostiler of the 75th and others:
A bill to amend Code Section 50-13-2 of the Official Code of Georgia Anno tated, relating to definitions under the "Georgia Administrative Procedure Act," so as to provide that the word "agency" shall mean and include the State Board of Education and the State Department of Education.
Referred to Committee on Governmental Operations.

HB 328. By Representative Ross of the 82nd:
A bill to amend an Act creating the Toombs Circuit and providing the days for holding sessions of court in each county, so as to change the terms for which the grand jury of the superior court of Lincoln County may be convened.
Referred to Committee on Federal, State and Community Affairs.

HB 335. By Representatives Logan of the 67th, Murphy of the 18th, Argo of the 68th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to com memorate the bicentennial of the founding of the University of Georgia.
Referred to Committee on Transportation.

HB 353. By Representatives Walker of the 115th, Evans of the 84th, Phillips of the 120th and others:
A bill to amend Part 2 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Heritage Trust Program, so as to extend the life of the Heritage Trust Commission until July 1, 1988.
Referred to Committee on Natural Resources and Environmental Quality.

FRIDAY, FEBRUARY 11, 1983

833

HB 397. By Representatives Manner of the 131st and Ramsey of the 3rd:
A bill to amend 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, so as to include among the definitions of "per manent disability," organic brain damage resulting from physical trauma under certain conditions.
Referred to Committee on Public Safety.

HB 399. By Representative Phillips of the 125th:
A bill to amend Code Section 43-34-37 of the Official Code of Georgia An notated, relating to the authority of the Composite State Board of Medical Examiners to refuse to issue licenses and to suspend licenses, to hearings before the board, and to immunity of witnesses for giving testimony, so as to change the provisions relating to immunity from civil and criminal liability relative to certain investigations and the giving of testimony in certain instances.
Referred to Committee on Human Resources.

HB 432. By Representatives Pinkston of the 100th, Buck of the 95th and Groover of the 99th:
A bill to amend Article 6 of Chapter 3 of Title 20, known as the "Private Colleges and Universities Facilities Authority Act," so as to change the short title.
Referred to Committee on Higher Education.

HB 480. By Representatives Home of the 103rd, Groover of the 99th, Pinkston of the 100th and others:
A bill to repeal an Act entitled "An Act to amend an Act approved Febru ary 6, 1873 appearing on Page 219 et. seq. of the published Acts of The General Assembly of Georgia 1873, and captioned, 'An Act to establish a county board of commissioners for the County of Bibb; to define its duties; and for other purposes therein named'" and subsequent Acts amendatory thereof.
Referred to Committee on Federal, State and Community Affairs.

HB 481. By Representatives Home of the 103rd, Groover of the 99th, Pinkston of the 100th and others:
A bill to repeal an Act entitled "An Act to amend an Act approved March 3, 1955, codifying all former Acts of the General Assembly of the State of Georgia, relating to and dealing with the Municipal Court of the City of Macon and its successor in name, jurisdiction and powers, the Civil Court of Bibb County, which Acts abolished justice courts and the office of justice of the peace and notary public; . . . and for other purposes.", so as to provide that such repeal will not affect the status, retirement pay, or compensation

834

JOURNAL OF THE SENATE

of any presently retired or emeritus judge of the Civil Court of Bibb County.
Referred to Committee on Federal, State and Community Affairs.

HB 486. By Representative Crawford of the 5th:
A bill to amend an Act creating a new charter for the City of Summerville in Chattooga County, so as to create the position of city manager.
Referred to Committee on Federal, State and Community Affairs.

HB 487. By Representative Maddox of the 7th: A bill to provide a new charter for the City of Calhoun, Georgia.
Referred to Committee on Federal, State and Community Affairs.

HB 488. By Representatives Benefield, Bailey, Johnson of the 72nd and others:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.
Referred to Committee on Federal, State and Community Affairs.

HB 489. By Representatives Benefield, Bailey, Johnson of the 72nd and others:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the provisions relative to the compensation of the chairman.
Referred to Committee on Federal, State and Community Affairs.

HB 490. By Representatives Benefield, Bailey, Johnson of the 72nd and others:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relative to the compensation of the tax commissioner.
Referred to Committee on Federal, State and Community Affairs.

HB 491. By Representatives Benefield, Bailey, Johnson of the 72nd and others:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers.
Referred to Committee on Federal, State and Community Affairs.

HB 496. By Representatives Benefield, Bailey, Holcomb of the 72nd and others:
A bill to amend an Act creating the State Court of Clayton County, so as to increase the salary of the solicitor of said court.
Referred to Committee on Federal, State and Community Affairs.

FRIDAY, FEBRUARY 11, 1983

835

HB 498. By Representatives Benefield, Bailey, Johnson of the 72nd and others:
A bill to amend an Act creating the State Court of Clayton County, so as to change the provisions relating to the compensation of the judges and solici tor of said court.
Referred to Committee on Federal, State and Community Affairs.

HB 499. By Representative Edwards of the 112th:
A bill to amend an Act creating a new charter for the City of Reynolds, so as to change the provisions relating to bids for contracts for labor or materi als to be furnished to the city.
Referred to Committee on Federal, State and Community Affairs.

HB 506. By Representatives Dunn of the 73rd and Jones of the 78th:
A bill to amend an Act providing a new board of commissioners of Henry County, so as to change the compensation of the members of the board of commissioners.
Referred to Committee on Federal, State and Community Affairs.

HB 509. By Representatives Mostiler of the 75th, Johnson of the 76th, Adams of the 79th and Heard of the 43rd:
A bill to amend an Act creating the Griffin Judicial Circuit, so as to change the county supplement for the district attorneys of that judicial circuit.
Referred to Committee on Federal, State and Community Affairs.

HR 167. By Representatives Lee, Bailey, Johnson of the 72nd and others:
A resolution urging the Clayton County Board of Education to appeal the recent federal district court decision regarding the establishment clause of the First Amendment.
Referred to Committee on Rules.

The following reports of standing committees were read by the Secretary.

Mr. President:

The Committee on Banking and Finance has 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 201. Do pass as amended. SB 220. Do pass.

HB 128. Do pass by substitute. HB 221. Do pass.

Respectfully submitted,

Senator tester of the 23rd District, Chairman

836

JOURNAL OF THE SENATE

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 193. Do pass by substitute. SB 222. Do pass.
Respectfully submitted,
Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation 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 208. SB 218. HB 302. HB 333. HB 341.

Do pass. Do pass. Do pass. Do pass. Do pass.

HB 344. HB 345. HB 351. HB 352.

Do pass. Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the fol lowing bill and resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 231. Do pass. SR 49. Do pass. SR 78. Do pass.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration

FRIDAY, FEBRUARY 11, 1983

837

the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 130. Do pass by substitute.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 202. Do pass as amended.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bill and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 215. SR 90. HR 90.

Do pass by substitute. Do pass. Do pass.

HR 142. HR 143. HR 144.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Timmons of the llth District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 389. Do pass by substitute.
Respectfully submitted,
Senator Dean of the 31st District, Chairman

838

JOURNAL OF THE SENATE

The following bills and resolutions of the Senate and House were read the second time:

SB 23. By Senator Scott of the 43rd:
A bill to amend Code Section 35-1-14 of the Official Code of Georgia Anno tated, relating to stolen motor vehicles and the filing of reports in connection therewith, so as to provide that the owner of a motor vehicle which has been stolen and subsequently recovered shall not be charged storage fees on the recovered motor vehicle.

SB 38. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 18 of the Official Code of Georgia Anno tated, relating to garnishment proceedings, so as to provide that the amount subject to garnishment shall not exceed the amount owed which shall be shown on the summons; to provide an effective date.

SB 138. By Senator Deal of the 49th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for juvenile court jurisdiction over certain children over the age of 17 years.

SB 176. By Senator Hine of the 52nd:
A bill to amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to provide for the use of interpreters by hearing impaired persons; to provide legislative intent; to provide definitions.

SB 184. By Senators Howard of the 42nd, Fincher of the 54th and Kidd of the 25th:
A bill to amend Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmaceutics, so as to change qualifications for pharmacist's license; to provide for nuclear pharmacies; to provide a short title.

SB 188. By Senator Kidd of the 25th:
A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to change the provisions relating to the refusal and revocation of licenses.

SB 190. By Senator Howard of the 42nd:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related insti tutions, so as to provide for emergency orders to relocate institutional pa tients or residents, to place monitors in institutions, and to prohibit admis sions to institutions.

FRIDAY, FEBRUARY 11, 1983

839

SB 198. By Senators Scott of the 36th, Allgood of the 22nd and Walker of the 19th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to define certain terms.

SB 204. By Senators Barnes of the 33rd, Gillis of the 20th, Dean of the 31st and others:
A bill to amend Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the protection of metropolitan riv ers, so as to define certain terms.

SB 224. By Senators Phillips of the 9th, Barnes of the 33rd and Greene of the 26th:
A bill to amend Code Section 51-2-6 of the Official Code of Georgia Anno tated, relating to liability for injuries caused by animals, so as to change the conditions under which owners and keepers of animals are liable for injuries caused by their animals.

SB 225. By Senator Engram of the 34th:
A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Anno tated, relating to consent for surgical or medical treatment, so as to provide that a patient or any person or entity designated by the patient may be provided with the patient's health records.

SR 77. By Senators Walker of the 19th, Cobb of the 28th, Tysinger of the 51st and others:
A resolution creating a Workers' Compensation Task Force.

SR 79. By Senator Barnes of the 33rd: A resolution designating the George W. Thompson, Sr. Bridge.

SR 88. By Senator Kidd of the 25th:
A resolution relative to the Stop Drugs at the Source Petition and Treaty campaigns.

SR 89. By Senator Hine of the 52nd:
A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia, to Mr. and Mrs. Frank J. Baia, Jr.

HB 6. By Representative Richardson of the 52nd:
A bill to amend Chapter 8 of Title 37 of the Official Code of Georgia Anno tated, relating to treatment of alcoholics and intoxicated persons, so as to delay the effective date of certain articles in that chapter.

840

JOURNAL OF THE SENATE

HB 11. By Representative Phillips of the 125th:
A bill to amend Code Section 27-4-138 of the Official Code of Georgia An notated, relating to penalties for offenses pertaining to the operation of com mercial fishing boats engaged in illegal fishing with power-drawn nets.

HB 21. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Anno tated, relating to laws and statutes, so as to provide that no office to which a person has been elected shall be abolished nor the term of the office short ened or lengthened by local or special Act during the term for which such person was elected unless the same shall be approved by the people of the jurisdiction affected in a referendum on the question.

HB 26. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Industry and Trade, so as to provide for the creation and composition of the Board of Industry and Trade.

HB 34. By Representatives Snow of the 1st, Lawson of the 9th, Bray of the 91st and others:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Anno tated, relating to the Board and Department of Offender Rehabilitation, so as to change the provisions relating to the creation of the Board of Offender Rehabilitation.

HB 58. By Representatives Thomas of the 69th, Johnson of the 70th, Ramsey of the 3rd and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to provide that under certain circumstances disposition of an unruly or delinquent juvenile may be made by a court other than the court of the county where the juve nile resides.

HB 103. By Representatives Padgett of the 86th and Groover of the 99th:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Anno tated, relating to reporting of child abuse generally, so as to make it unlaw ful for any news media to make public the name of any child who has been reported as being abused.

HB 104. By Representatives Parham of the 105th and Atkins of the 21st:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to authorize the exclusion from controlled substances schedules of certain nonnarcotic substances.

FRIDAY, FEBRUARY 11, 1983

841

HB 115. By Representatives Hooks of the 116th and Colbert of the 23rd:
A bill to amend Article 4 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to cemeteries, so as to provide for the registra tion and regulation of cemeteries, dealers of burial merchandise and ser vices, and salespersons of burial lots, rights, merchandise or services.

HB 142. By Representatives Darden, Burruss and Thompson of the 20th, and others:
A bill to amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to provide that family violence shelters shall be licensed as family violence shelters rather than as personal care homes.

HB 170. By Representatives Mullinax of the 81st, Mostiler of the 75th, Williams of the 6th and others.
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, the "Employment Security Law," so as to change the date on which alien laborers will be excluded in determining agricultural employer liability.

HB 207. By Representatives McDonald of the 12th, Burruss and Wilson of the 20th and others:
A bill to provide supplementary appropriations for the fiscal year ending June 30, 1983, in addition to any other appropriations heretofore or hereaf ter made for the operation of state government and the purposes provided for herein.

HB 288. By Representatives Walker of the 115th, Rainey of the 135th, Dover of the llth and others:
A bill to amend Code Section 27-2-4 of the Official Code of Georgia Anno tated, relating to legal weapons for hunting wildlife, so as to allow qualified handicapped individuals to use crossbows for hunting; to make the use of silencers illegal.

HB 325. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and Daugherty of the 33rd:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to clarify the procedure for acknowledging paternity.

HR 12. By Representative Richardson of the 52nd:
A resolution creating the Tax Credit for Family Support of the Mentally Retarded, Handicapped, and Elderly Study Committee.

842

JOURNAL OF THE SENATE

The following local, uncontested bills of the House, favorably reported by the com mittee, were read the third time and put upon their passage:

HB 311. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to amend an Act creating the office of tax commissioner of Jefferson County, so as to provide a salary for the tax commissioner which shall be in lieu of all other compensation.

The Committee on Federal, State and Community Affairs offered the following substitute to HB 311:

A BILL TO BE ENTITLED AN ACT
To amend an Act creating the office of tax commissioner of Jefferson County, approved March 21, 1968 (Ga. L. 1968, p. 2573), as amended by an Act approved April 6, 1981 (Ga. L. 1981, p. 3689), so as to provide a salary for the tax commissioner which shall be in lieu of all other compensa tion; to provide for assistants to and deputies of the tax commissioner; to provide for all related matters; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the office of tax commissioner of Jefferson County, approved March 21, 1968 (Ga. L. 1968, p. 2573), as amended by an Act approved April 6, 1981 (Ga. L. 1981, p. 3689), is amended by re placing Sections 4 and 5 with new sections to read as follows:
"Section 4. (a) The tax commissioner shall be compensated on a salary basis.
(b) It is specifically provided that the salary provided in this section for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, percentages, forfeitures, penalties, and other perquisites of whatever kind, including those commissions allowed by Code Section 402-30 of the O.C.G.A., relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissioners are derived may have been performed in the capacity of an agent for the state Department of Revenue, and including those commissions allowed by subsection (c) of Code Section 48-5-180 of the Official Code of Georgia Annotated, relating to commissions on taxes collected in excess of a certain percentage of taxes due according to the tax net digest, as now or hereafter amended.
(c) All fees, commissions, costs, fines, percentages, forfeitures, and other perquisites formerly allowed to the tax commissioner as compensa tion shall be funds of the county and shall be accounted for and paid to the fiscal officer of the county at least once every month.
(d) Effective March 1, 1983, the tax commissioner shall be compen sated by an annual salary of not less than $18,000.00, payable in equal

FRIDAY, FEBRUARY 11, 1983

843

monthly installments from county funds. On or after July 1, 1983, the county governing authority may supplement the tax commissioner's sal ary, but the total annual salary of the tax commissioner including any such supplement shall not exceed $20,000.00.
(e) For the period of February 15, 1983, through February 28, 1983, the tax commissioner shall receive compensation calculated by be ginning with a base figure of $750.00 and either:
(1) Subtracting from that base figure the amount by which all com pensation, including fees and salary, received by the tax commissioner for services during the period of January 1, 1983, through February 15, 1983, exceeds $2,250.00; or
(2) Adding to that base figure the amount by which all compensa tion, including fees and salary, received by the tax commissioner for ser vices during the period of January 1, 1983, through February 15, 1983, is less than $2,250.00. The compensation computed above shall be paid from county funds.
Section 5. (a) There shall be two full-time deputies to the tax com missioner. These deputies and their successors shall be appointed by the tax commissioner and may be discharged by the tax commissioner in his sole discretion. The tax commissioner may also employ such number of part-time personnel for such periods of time as are authorized by the county governing authority, and the selection and discharge of such num ber of part-time personnel as are authorized shall be within the sole dis cretion of the tax commissioner.
(b) The compensation of the deputy tax commissioners and parttime personnel shall be fixed by the county governing authority, but the compensation of a deputy tax commissioner shall not be reduced during his employment.
(c) All expenses incurred by the tax commissioner in operating and discharging the official duties of his office, including, but not limited to, office equipment, supplies, fixtures, and utility expenses, shall be paid by the county from county funds."
Section 2. This Act shall become effective February 15, 1983.
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.
On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

844

JOURNAL OF THE SENATE

HB 312. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to abolish the office of treasurer of Jefferson County; to provide for the designation of a person or depository to perform the duties of treasurer.

The report 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 an swered to their names:

Barker Barnes Bowen Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher

Foster Garner Gillis
Greene Harris Hill Hine Horton Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd
Starr Stumbaugh Tate Thompson Timmons Trulock Tysinger Walker

Those not answering were Senators:

Allgood Bond Brannon

Brantley Brown of 47th Harrison (excused)

Holloway Turner

Senator Hudgins of the ISth introduced the chaplain of the day, Reverend J. H. Flakes, Jr., pastor of the Fourth Street Baptist Church, Columbus, Georgia, who of fered scripture reading and prayer.

FRIDAY, FEBRUARY 11, 1983

845

SENATE RULES CALENDAR

Friday, February 11, 1983

TWENTY-FOURTH LEGISLATIVE DAY

SB 206 SB 157 SB 165 SB 209 SB 182 SB 163 SR 61 SB 195 SB 173 SB 177 SB 72 SB 96 SB 169 SB 145 SB 167 SB 189 HB 56 HB 391 HB 255

Probationers--live-in attendant for disabled constitutes community service (AMENDMENT) (Off R--25th)
Junior Colleges--payments by board of regents to local operating au thorities (SUBSTITUTE) (H Ed--43rd)
Absentee Voter Registration--persons outside United States (SUB STITUTE/AMENDMENTS) (Gov Op--25th)
Vidalia Onions--provisions for unlawful labeling (SUBSTITUTE) (Ag--20th)
Superior Court Clerks--change minimum annual salaries (Gov Op--25th)
Life Insurance Policy Loans--provide for interest rates (SUBSTI TUTE) (Ins--42nd)
Certain Public Officeholders--resign to qualify for different office (Gov Op--30th)
Campaign Material Placed on Certain Property--remove certain re strictions (Gov Op--16th)
Veterinarians--revise laws regulating technicians assisting (Ag--24th)
Department of Transportation--may award contract when only one bid received (SUBSTITUTE) (Trns--12th)
County Tax Commissioner, Collector, Receiver--Retirement system (SUBSTITUTE) (Ret--38th)
District Attorneys Emeritus--practicing law while serving (Judy--35th)
Board of Private Detective and Security Agencies--license suspension provisions (Judy--33rd)
Board of Registration for Used Motor Vehicle Dismantlers, Etc.--termination date (Gov Op--28th)
Mechanics' Liens--special liens on other property (Judy--52nd)
Superior Court Clerks' Minimum Salaries--population provisions for determining (Gov Op--llth)
Military Recruiters--access to campus in public secondary schools (D&VA--30th)
Alcohol and Drug Course--public schools provide (Trns--33rd)
State Tollway Authority--Department of Transportation provide maintenance, operational assistance (Trns--12th)

846

JOURNAL OF THE SENATE

HB 140

Consumer Advisory Board--provide for new members (Gov Op--33rd)
Respectfully submitted,
/s/ Dean of the 31st, Chairman Senate Rules Committee

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 206. By Senator Kidd of the 25th:
A bill to amend Article 4 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to participation of probationers in community service programs, so as to provide that services as a live-in attendant for a disabled person shall constitute community service under certain conditions.

Senator Kidd of the 25th offered the following amendment:
Amend SB 206 by striking from line 10 of Page 2 the word "may" and inserting in lieu thereof the word "shall".
By striking from line 17 of Page 2 the words "the offender consents" and inserting in lieu thereof the words "both the offender and the disabled person consent".
By striking from line 22 of Page 2 the words "providing for" and in serting in lieu thereof the words "coordinating the provision of.
By adding at the end of subsection (c), immediately below line 33 on Page 2, a new paragraph (4) to read as follows:
"(4) The appropriate agency shall make personal contact with the disabled person on a frequent basis to ensure the safety and welfare of the disabled person."

On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bowen Broun of 46th Brown of 47th

Bryant Burton Cobb Coverdell Dawkins

Deal Dean English Engram Fincher

FRIDAY, FEBRUARY 11, 1983

847

Foster Garner Gillis Greene Harris Hill Hine Horton Hudgins Huggins Kennedy

Kidd Land Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd

Scott of 36th Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Bond Brannon Brantley

Coggin Coleman Harrison (excused)

Holloway Howard Stumbaugh

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following general bill of the Senate, having been read the third time on Feb ruary 7 and postponed until Thursday, February 10, was put upon its passage:

SB 157. By Senator Scott of the 43rd:
A bill to amend Article 4 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to junior colleges, so as to change the provisions relative to payments by the board of regents to certain local operating authorities.
Senators Scott of the 43rd, Stumbaugh of the 55th, Tysinger of the 41st and others offered the following substitute to SB 157:

A BILL TO BE ENTITLED AN ACT
To amend Article 4 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to junior colleges, so as to change the provisions relative to payments by the board of regents to certain local operating au thorities; to provide an effective date; to repeal conflicting laws; and for other purposes.

848

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to junior colleges, is amended by striking Code Section 20-3-133 which reads as follows:
"20-3-133. There shall be paid to every local operating authority which shall have established a junior college under this article, upon which construction had commenced prior to January 1, 1964, and which is not operated as a unit of the university system under the board of regents an amount which shall be determined on the basis of a budget for each fiscal year, developed pursuant to a formula agreed upon by the local operating authority, the director of the Office of Planning and Budget, and the legislative budget analyst. Budgets prepared pursuant to this authority shall be for expenses incurred by a junior college for edu cational and general expenditures as set forth in the latest edition of the publication entitled 'College and University Business Administration.' Such formula shall include financial participation from the local operat ing authority to include student matriculation fees and funds derived from not less than a one-half nor more than a three-fourths mill tax es tablished by the local operating authority on the ad valorem tax digest of its political subdivision. No state funds shall be appropriated for capital construction. Expenditure under this article shall be audited annually by the Department of Audits and Accounts.",
and inserting in its place a new Code section to read as follows:
"20-3-133. (a) There shall be paid to every local operating authority which had established a junior college under the provisions of the 'Junior College Act of 1958,' upon which construction had commenced prior to January 1, 1964, and which is not operated as a unit of the University System of Georgia under the board of regents, an amount for each fiscal year which shall be a percentage of the total amount determined by:
(1) Multiplying the most recent annual budgeted general operations expenditures per FTE for the operation of the two-year institution of the university system with the largest enrollment times the number of FTE's to be delivered by the locally operated community junior college; and
(2) Multiplying the amount determined under paragraph (1) of this subsection times:
(A) A factor of 0.60 for the fiscal year beginning July 1, 1984;
(B) A factor of 0.65 for the fiscal year beginning July 1, 1985;
(C) A factor of 0.70 for the fiscal year beginning July 1, 1986; and
(D) A factor of 0.75 for each fiscal year beginning on or after July 1, 1987; and
(3) Subtracting from the amount determined under paragraph (2) of this subsection the value of the one mill tax established by the local operating authority on the ad valorem tax digest of its political subdivi sion for the same year.

FRIDAY, FEBRUARY 11, 1983

849

(b) For the purpose of this Code Section, one FTE shall be the same as in operations of the University System of Georgia, with the total num ber of FTE's to be delivered by the local community junior college to be determined by the local operating authority and the Governor's Office of Planning and Budget. Budgets prepared pursuant to this authority shall be for educational and general expenditures as set forth in the latest edi tion of the publication entitled 'College and University Business Administration.' "
Section 2. This Act shall become effective July 1, 1984.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following fiscal note, as required by the Rules of the Senate, was read by the Secretary:

Department of Audits 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable W. W. Fincher, Jr., Chairman

Senate Higher Education Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 10, 1983

SUBJECT: Fiscal Note - Substitute to Senate Bill 157 (LC 14 2923S) Junior Colleges

The substitute version of this Bill proposes a change in the funding of local authorities operating a junior college which is not a unit of the Univer sity System of Georgia under the Board of Regents. Currently, only DeKalb Community College in DeKalb County falls within this category. The Bill would require that state funds allocated to the local authority be a percent age of the estimated cost to provide projected FTE (full time equivalent) credit hours for the year minus one tax mill as established by the tax digest of the local authority. The state fund amount would be based on 60% of estimated FTE costs in fiscal year 1984; 65% in fiscal year 1985; 70% in fiscal year 1986; and 75% in fiscal year 1987 and years thereafter. The Bill would effectively reduce the college's cost to students and county taxpayers while increasing the cost to the state.

Based on fiscal year 1983 data, this Bill would increase the fiscal year 1984 state funding level for DeKalb Community College by approximately $1.2 million over the college's fiscal year 1983 funding level of $6.5 million. Estimated cost increases for fiscal years 1985, 1986, and 1987 and years thereafter would be $2.2 million, $3.2 million, and $4.1 million, respectively.

850

JOURNAL OF THE SENATE

However, these costs are based on fiscal year 1983 data only; figures will vary in future years as FTE costs and local taxes change.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

Senator Barnes of the 33rd moved that SB 157 be committed to the Senate Com mittee on Appropriations.

Senator Scott of the 43rd moved the previous question.

Senator Barnes of the 33rd moved that SB 157 be placed on the Table.

On the motion offered by Senator Barnes of the 33rd to table, which motion takes precedence, the yeas were 37, nays 5; the motion prevailed, and SB 157 was placed on the Table.

The following general bill of the Senate, having been read the third time and ta bled on February 9, taken from the Table on February 10 and placed at the foot of the Senate Rules Calendar, was put upon its passage:

SB 165. By Senator Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to form of registration cards; to provide for absentee voter registration by persons outside of the United States.

The substitute to SB 165 offered by the Senate Committee on Governmental Op erations was as follows:

A BILL TO BE ENTITLED AN ACT
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the provisions relating to form of registration cards; to provide for absentee voter registration by persons outside of the United States; to provide procedures; to change the provisions relating to persons providing proper identification for the purpose of voter registration; to change the provisions relating to requirements for voting precincts; to change the definition of the term "absentee elector"; to change the provi sions relating to the form of the official primary ballot; to prohibit political parties from submitting questions to their members; to change the provisions relating to uniformity of ballots in precincts; to change the procedures relat ing to unopposed candidates; to change the provisions relating to applica tions for absentee ballots; to provide procedures for absentee electors over seas to secure ballots for and vote in certain elections; to change the

FRIDAY, FEBRUARY 11, 1983

851

provisions relating to restrictions on campaign activities within the vicinity of a polling place; to change the provisions relating to the call of special elections; to provide for the call of special primaries; to provide for unop posed candidates in special primaries; to provide that no special primary election will be held where there will be no opposed candidates in a precinct in a special primary; to change the provisions relating to qualifications of voters in municipal elections; to change the provisions relating to require ments for voting precincts in municipal elections; to change the provisions relating to the form of official primary ballots in municipal elections; to change the procedures relating to unopposed candidates in municipal elec tions; to change the provisions relating to uniformity of ballots within pre cincts in municipal elections; to change the definition of the term "absentee elector" as it applies to municipal elections; to change the provisions relating to applications for absentee ballots in municipal elections; to change the pro visions relating to restrictions on campaign activities within the vicinity of polling places in municipal elections; to change the provisions relating to special primaries or elections with respect to municipalities; to provide for unopposed candidates in special primaries held in municipalities; to provide that no special primary election will be held where there will be no opposed candidates in a precinct in a special or general primary to be held by the municipality; to permit a director, officer, or an employee of a public utility corporation to make a contribution to a political campaign on his or her own behalf; to permit officials and employees of any such public utility corpora tion to establish and administer with corporate funds a political action com mittee, which committee shall have the authority to receive and solicit con tributions to be used exclusively for the purpose of influencing the outcome of an election or the nomination or election of individuals who are candi dates for nomination or election to elective public office, excluding, however, candidates seeking election for positions on the Public Service Commission; to provide that the political action committee shall be a separate, segregated fund and that contributions to it shall be limited to voluntary contributions from employees, officers, directors, and their families; to provide that ex penditures by a public utility corporation for the establishment and adminis tration of a political action committee shall not be deemed a "contribution" or an "expenditure" as defined in Code Section 21-5-3; 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, relating to elections, is amended by striking in its entirety subsection (b) of Code Section 21-2-217, relating to form of registration cards, and inserting in lieu thereof a new subsection (b) to read as follows:

"(b) (1) 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 applicant portions shall be eliminated and in lieu thereof the following form of affi davit shall be used:

I do swear (or affirm) that I am a citizen of the United States, the

State of Georgia, and this county; and that I am at 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

852

JOURNAL OF THE SENATE

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 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 never been convicted in any court of competent juris

diction of treason against the State of Georgia, of embezzlement of pub

lic funds, malfeasance in office, bribery, or larceny, or of any felony in

volving 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 , or my sentence was completed on ; and that the

information contained elsewhere on this card is true.

(Sign here)__________

I declare that the above is a true statement to the best of my knowl edge and belief, and I understand that if I make any material false state ment in the above statement I shall be guilty of a misdemeanor and may
be punished by a fine of not more than $ 1,000.00 or by imprisonment for not more than 12 months.

Date , 19 .

(Sign here)__________

(2) (A) An absentee voter who is a member of the armed forces of the United States or the merchant marine, is a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member, or is temporarily residing overseas and will be absent from his county of residence until after the time for registering for an ensuing primary or election may make proper application for ab sentee registration on the official post card provided for by the Federal Voting Assistance Act of 1955, as amended.

(B) Applicants for absentee registration who permanently reside overseas shall only be authorized to register to vote for presidential elec tors, United States senator, and representative in Congress. The registra tion cards for use by applicants for absentee registration who perma nently reside overseas shall be in the same form as the form of the registration card in subsection (a) of Code Section 21-2-217, except that the affidavit and questions propounded to the applicant portions shall be eliminated and in lieu thereof the following form of affidavit shall be used:

I, the undersigned, do swear (or affirm):

(1) That I am a citizen of the United States;

(2) That I presently reside at

which is outside any of the

states of the United States, the District of Columbia, the Commonwealth

of Puerto Rico, Guam, and the Virgin Islands;

(3) That my last domicile (permanent residence) immediately prior

to moving outside the United States was ,

in

FRIDAY, FEBRUARY 11, 1983

853

County in the State of Georgia and I resided at that address from 19 , to , 19 ;

(4) That since leaving the State of Georgia I do not presently main tain, and 1 have not maintained, another domicile and I am not presently
and have not since leaving the State of Georgia been registered to vote in another state or election district of another state or territory or in any territory or possession of the United States;

(5) That I have a valid passport or record of identity and registra tion issued under the authority of the Secretary of State of the United States or, in lieu thereof, an alternative form of identification consistent with the Overseas Voting Rights Act of 1975, as amended, and applica ble state or district requirements in the absence of a valid passport or card of identity and registration;

(5) That I am at least 18 years of age or will be on the day

of

, 19 ;

(7) That 1 have never been convicted in any court of competent ju risdiction of treason against the State of Georgia, of embezzlement of public funds, malfeasance in office, bribery, or larceny, or of any felony involving moral turpitude, punishable by the laws of the State of Georgia with imprisonment in the penitentiary, or, if so convicted, that I have been pardoned or completed my sentence; and

(8) That the information contained on the enclosed registration card is true.

(Sign here)_ Signature shall be the same as name appearing elsewhere on card

I declare that the above is a true statement to the best of my knowl edge and belief, and I understand that if I make any material false state ment in the above statement I shall be guilty of a misdemeanor and may be punished by a fine of not more than $1,000.00 or by imprisonment for not more than 12 months. Date ,19

Signature of voter"

Section 2. Said title is further amended by striking in its entirety Code Section 21-2-221, relating to application to registration officer for voter registration, and inserting in lieu thereof a new Code Section 21-2-221 to read as follows:

"21-2-221. Any person desiring to register as an elector shall apply to a registrar or a deputy registrar and shall furnish such officer with proper identification and information which will enable him to fill in all blanks appearing on the registration card. When any person who seeks to register as an elector is asked to provide proper identification by a regis trar or a deputy registrar, as required by law, it shall be sufficient for the applicant to exhibit his valid driver's license, birth certificate, credit card, food stamp card, social security card, check-cashing card, passport,

854

JOURNAL OF THE SENATE

school record, work identification record, utility bill, school identification, or Medicaid, medicare, or welfare identification. On completion of the form, the officer shall administer the oath to the applicant and then have him sign it, and the officer shall attest it. Upon request of the applicant, the officer taking the application shall read or repeat the oath distinctly to the applicant; and, if the applicant cannot sign his name, the officer shall sign it for him, the applicant making his mark thereto."
Section 3. Said title is further amended by striking in its entirety Code Section 21-2-261.1, relating to requirements for voting precincts, and in serting in lieu thereof a new Code Section 21-2-261.1 to read as follows:
"21-2-261.1. (a) All voting precincts established or altered on or af ter July 1, 1983, shall consist of areas which are bounded on all sides only by:
(1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps; or
(2) The boundaries of counties and incorporated municipalities.
(b) No later than January 1, 1984, unless a waiver is granted by the Secretary of State, the superintendent shall move the boundaries of all precincts so that they conform to the requirements of subsection (a) of this Code section and continue to promote the convenience of electors and the public interests. The superintendent shall within 30 days prior to the establishment of any new boundaries required to conform with sub section (a) of this Code section publish a notice of such changes once a week for two weeks in the county organ and post a conspicuous notice of such changes in at least five public and conspicuous places in each af fected precinct. At least one such notice shall be posted at or in the im mediate vicinity of the polling place in each affected precinct. Each no tice shall state the date upon which adoption of such changes is proposed to be made and shall direct interested persons to address their comments or questions to the superintendent.
(c) The superintendent shall notify the board of registrars within ten days after such changes are adopted.
(d) Not later than February 1, 1984, unless a waiver has been granted by the Secretary of State, each superintendent shall file with the Secretary of State a current copy of a map of all precincts in the county. Thereafter the superintendent shall file with the Secretary of State:
(1) A map reflecting any changes in precincts within 20 days after the changes are made;
(2) A copy of any communications to or from the United States Justice Department relating to any precincts within 20 days after such communication is sent or received;
(3) A copy of any pleading initiating a court action potentially af fecting any precincts within 30 days after it is filed;

FRIDAY, FEBRUARY 11, 1983

855

(4) A copy of any court order affecting any precincts within 20 days after it is entered; and
(5) Any other documentation necessary to allow the Secretary of State to maintain a current listing of all precincts in the state.
(e) The Secretary of State shall be authorized to waive and postpone the effective dates of compliance found in subsection (b) and (d) of this Code section with respect to any superintendent if compliance by such dates would cause an undue hardship."
Section 4. Said title is further amended by striking in its entirety Code Section 21-2-380, relating to the definition of the term "absentee elector," and inserting in lieu thereof a new Code Section 21-2-380 to read as follows:
"21-2-380. As used in this article, the term 'absentee elector' means an elector of this state who is required to be absent from his precinct during the time of the primary or election he desires to vote in, or who will perform any of the official acts or duties set forth in this chapter in connection with the primary or election he desires to vote in, or who, because of physical disability, will be unable to be present at the polls on the day of such primary or election, or who, because the election or pri mary falls upon a religious holiday observed by such elector, will be una ble to be present at the polls on the day of such primary or election, or who is a fireman required to remain on duty in his or her place of em ployment during the entire time the polls are open when such place of employment is within the precinct in which the voter resides."
Section 5. Said title is further amended by striking in its entirety sub section (d) of Code Section 21-2-284, relating to the form of official primary ballots, which subsection reads as follows:
"(d) If at any primary a political party shall submit to its members any matter or question to be voted upon, the party shall certify the word ing of said question to the superintendent, if to be voted on by one county only, or to the Secretary of State, if to be voted on by more than one county; and the superintendent or Secretary of State shall have such lan guage printed on the ballot form. To the left of each question there shall be placed the words 'Yes' and 'No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check (") mark.", and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) A political party shall be prohibited from submitting to its members any question at any primary."
Section 6. Said title is further amended by striking in its entirety sub section (b) of Code Section 21-2-286, relating to uniformity of ballots within precincts, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Ballots shall be at least six inches long and four inches wide and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type, which shall not be smaller than the size known as 'brevier' or 'eight point body,' upon white paper

856

JOURNAL OF THE SENATE

of uniform quality, without any impression or mark to distinguish one from another, and with sufficient thickness to prevent the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree. Each ballot shall be attached to a name stub, and all the ballots for the same precinct shall be bound together in books of 50 or 100, in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered and, in the case of primary ballots, the number shall be pre ceded by an initial or abbreviation designating the party name. The num ber and initial or abbreviation which appears upon the stub shall also be printed in the upper portion of the front of the ballot, separated from the remainder of the ballot by a horizontal perforated line so as to constitute a number strip and so prepared that the upper portion of the front of the ballot containing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon: Tear off before depositing ballot in ballot box.'"
Section 7. Said title is further amended by striking in its entirety Code Section 21-2-291, which reads as follows:
"21-2-291. Any other provision of law to the contrary notwithstand ing, in the event there is no opposed candidate, no name shall appear on the special election ballot unless a write-in candidate has qualified as pro vided by law. Further, if there are no opposed candidates, no eligible write-in candidates, and no issues to be submitted to the electorate, no election shall be conducted. Each such unopposed candidate shall be deemed to have voted for himself. The superintendent shall certify such unopposed candidate as elected in the same manner as he certifies other candidates as elected pursuant to Code Section 21-2-493.",
and inserting in lieu thereof a new Code Section 21-2-291 to read as follows:
"21-2-291. Any other provision of law to the contrary notwithstand ing, in the event there is no opposed candidate in a precinct in a special election, no special election shall be held unless a write-in candidate has qualified as provided by law or unless there are issues to be submitted to the electorate. Each such unopposed candidate shall be deemed to have voted for himself. Where feasible, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special election is to be conducted. The superintendent shall certify such unop posed candidate as elected in the same manner as he certifies other can didates as elected pursuant to Code Section 21-2-493."
Section 8. Said title is further amended by adding at the end of Code Section 21-2-381, relating to applications for absentee ballots, a new subsec tion (d) to read as follows:
"(d) (1) A citizen of the United States permanently residing outside the United States is entitled to make application for an absentee ballot from Georgia and to vote by absentee ballot in any election covered by this

FRIDAY, FEBRUARY 11, 1983

857

chapter for which he is registered and otherwise qualified and in which absentee ballots are permitted to be used:
(A) If he was last domiciled in Georgia immediately before his de parture from the United States; and
(B) If he could have met all qualifications, except any qualification relating to minimum voting age, to vote in federal elections even though, while residing outside the United States, he does not have a place of abode or other address in Georgia.
(2) An individual is entitled to make application for an absentee ballot under paragraph (1) of this subsection even if his intent to return to Georgia may be uncertain, as long as:
(A) He has complied with all applicable Georgia qualifications and requirements which are consistent with 42 U.S.C. 1973dd concerning ab sentee registration for and voting by absentee ballots;
(B) He does not maintain a domicile, is not registered to vote, and is not voting in any other state or election district of a state or territory or in any territory or possession of the United States; and
(C) He has a valid passport or card of identity and registration is sued under the authority of the Secretary of State of the United States or, in lieu thereof, an alternative form of identification consistent with 42 U.S.C. 1973dd and applicable state requirements, if a citizen does not possess a valid passport or card of identity and registration."
Section 9. Said title is further amended by adding between Code Sec tions 21-2-381 and 21-2-382 a new Code section, to be designated Code Section 21-2-381.1, to read as follows:
"21-2-381.1. (a) Notwithstanding any other provisions of this chap ter, a qualified absentee elector, as defined in Code Section 21-2-380, may apply not earlier than 90 days before an election for a special writein absentee ballot. This ballot shall be for presidential electors, United States senator, and representative in Congress.
(b) The application for a special write-in absentee ballot may be made on the federal post card application form or on a form prescribed by the Secretary of State.
(c) In order to qualify for a special write-in absentee ballot, the voter must state that he or she is unable to vote by regular absentee ballot or in person due to requirements of military service or due to living in isolated areas or extremely remote areas of the world. This statement may be made on the federal post card application or on a form prepared by the Secretary of State and supplied and returned with the special write-in absentee ballot.
(d) Upon receipt of said application, the superintendent shall issue the special write-in absentee ballot which shall be prescribed and pro vided by the Secretary of State. Such ballot shall permit the elector to vote by writing in a party preference for each office, the names of specific

858

JOURNAL OF THE SENATE

candidates for each office, or the name of the person whom the voter prefers for each office.
(e) Such special write-in ballots shall be mailed to such applicants until such time as the official ballot is ready for distribution. At that time the official ballots shall be mailed to each applicant who has not previ ously been mailed a write-in ballot."
Section 10. Said title is further amended by striking in its entirety Code Section 21-2-414, relating to restrictions on campaign activities within the vicinity of a polling place, and inserting in lieu thereof a new Code Section 21-2-414 to read as follows:
"21-2-414. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign litera ture, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind on any primary or election day within 500 feet of the enclosed area of any polling place.
(b) No person shall solicit signatures for any petition on any pri mary or election day within 500 feet of the enclosed area of any polling place.
(c) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors.
(d) Any person who violates this Code section shall be guilty of a misdemeanor."
Section 11. Said title is further amended by striking in its entirety Code Section 21-2-504, relating to special primaries or elections under certain sit uations, and inserting in lieu thereof a new Code Section 21-2-504 to read as follows:
"21-2-504. Whenever any primary or election shall fail to fill a par ticular nomination or office and such failure cannot be cured by a run-off primary or election, or whenever any person elected to public office shall die or withdraw prior to taking office, or whenever any person elected to public office shall fail to take that office validly, the authority with whom the candidates for such nomination or office file notice of candidacy shall call a special primary or election to fill such position. If a special primary will not be held and unless otherwise provided by law, the call of a spe cial election shall be made within 45 days after the occurrence of the vacancy."
Section 12. Said title is further amended by striking in its entirety Code Section 21-2-540, relating to manner of conduct of special elections gener ally, and inserting in lieu thereof a new Code Section 21-2-540 to read as follows:
"21-2-540. Every special election shall be held and conducted in all respects in accordance with the provisions of this chapter relating to gen eral elections; and the provisions of this chapter relating to general elec tions shall apply thereto insofar as practicable and as not inconsistent

FRIDAY, FEBRUARY 11, 1983

859

with any other provisions of this chapter. All special elections held at the time of a general election, as provided by Code Section 21-2-541, shall be conducted by the poll officers by the use of the same equipment and facilities, so far as practicable, as are used for such general election. At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same. Candidates in special elec tions shall not be listed on the ballot according to party affiliation unless a candidate has been nominated in a special primary, in which event such a candidate shall have his party affiliation appear on the ballot by his name."
Section 13. Said title is further amended by adding at the end of Arti cle 14 of Chapter 2 a new Code section, to be designated Code Section 21-2545, to read as follows:
"21-2-545. Any other provision of law to the contrary notwithstand ing, in the event there is no opposed candidate in a precinct in a special primary, no special primary shall be held. The proper officials of the un opposed candidate's political party shall certify him as the party nominee for the office involved for the purpose of having his name placed upon the special election ballots or ballot labels. Where feasible, the superinten dent shall provide notice reasonably calculated to inform the affected electorate that no special primary election is to be conducted. Each such unopposed candidate shall be deemed to have voted for himself. The su perintendent shall certify any such unopposed candidate as nominated in the same manner as he certifies other candidates nominated pursuant to Code Section 21-2-493."
Section 14. Said title is further amended by striking in its entirety sub section (e) of Code Section 21-3-125, relating to qualifications of voters in municipal elections, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) In a municipality maintaining its own registration list, any per son desiring to register as an elector shall apply to a registrar or a deputy registrar and shall furnish such officer with proper identification and in formation which will enable him to fill in all blanks appearing on the registration card. When any person who seeks to register as an elector is asked to provide proper identification by a registrar or a deputy registrar, as required by law, it shall be sufficient for the applicant to exhibit his valid driver's license, birth certificate, credit card, food stamp card, social security card, check-cashing card, passport, school record, work identifi cation record, utility bill, school identification, or Medicaid, medicare, or welfare identification. On completion of the form, the officer shall admin ister the oath to the applicant and then have him sign it, and the officer shall attest it. Upon request of the applicant, the officer taking the appli cation shall read or repeat the oath distinctly to the applicant; and, if the applicant cannot sign his name, the officer shall sign it for him, the appli cant making his mark thereto."
Section 15. Said title is further amended by striking in its entirety Code Section 21-3-161.1, relating to requirements for voting precincts in munici-

860

JOURNAL OF THE SENATE

pal elections, and inserting in lieu thereof a new Code Section 21-3-161.1 to read as follows:
"21-3-161.1. (a) All voting precincts established or altered on or af ter July 1, 1983, shall consist of areas which are bounded on all sides only by:
(1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps; or
(2) The boundaries of counties and incorporated municipalities.
(b) No later than January 1, 1984, unless a waiver is granted by the Secretary of State, the governing authority shall move the boundaries of all precincts so that they conform to the requirements of subsection (a) of this Code section and continue to promote the convenience of electors and the public interests. The governing authority shall within 30 days prior to the establishment of any new boundaries required to conform with subsection (a) of this Code section publish a notice of such changes once a week for two weeks in the county organ and post a conspicuous notice of such changes in at least five public and conspicuous places in each affected precinct. At least one such notice shall be posted at or in the immediate vicinity of the polling place in each affected precinct. Each notice shall state the date upon which adoption of such changes is proposed to be made and shall direct interested persons to address their comments or questions to the superintendent.
(c) The governing authority shall notify the board of registrars within ten days after such changes are adopted.
(d) Not later than February 1, 1984, unless a waiver has been granted by the Secretary of State, each governing authority shall file with the Secretary of State a current copy of a map of all precincts in the municipality. Thereafter the governing authority shall file with the Secretary of State:
(1) A map reflecting any changes in precincts within 20 days after the changes are made;
(2) A copy of any communications to or from the United States Justice Department relating to any precincts within 20 days after such communication is sent or received;
(3) A copy of any pleading initiating a court action potentially af fecting any precincts within 30 days after it is filed;
(4) A copy of any court order affecting any precincts within 20 days after it is entered; and
(5) Any other documentation necessary to allow the Secretary of State to maintian a current listing of all precincts in the state.
(e) The Secretary of State shall be authorized to waive and postpone the effective dates of compliance found in subsections (b) and (d) of this

FRIDAY, FEBRUARY 11, 1983

861

Code section with respect to any governing authority if compliance by such dates would cause an undue hardship."
Section 16. Said title is further amended by striking in its entirety sub section (d) of Code Section 21-3-185, relating to form of official primary ballots in municipal elections, which reads as follows:
"(d) If at any primary a political party shall submit to its members any matter or question to be voted upon, the party shall also have printed on the ballots the necessary language to guide the elector in the expres sion of his choice as to such matter or question.",
and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) A political party shall be prohibited from submitting to its members any other matter or question at any primary."
Section 17. Said title is further amended by striking in its entirety sub section (g) of Code Section 21-3-187, relating to form of official election ballot in municipal elections, which reads as follows:
"(g) Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate, then no name shall appear on the general election or special election ballot unless a write-in candidate has qualified as provided by law. Further, if there are no opposed candi dates, no eligible write-in candidates and no issues to be submitted to the electorate within a precinct, no election shall be conducted in that precinct.",
and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a general or special election, no election shall be held unless a write-in candidate has qualified as provided by law or unless there are issues to be submitted to the electorate within a precinct."
Section 18. Said title is further amended by striking in its entirety sub section (a) of Code Section 21-3-188, relating to uniformity of ballots within precincts in municipal elections, and inserting in lieu thereof a new subsec tion (a) to read as follows:
"(a) Ballots shall be at least six inches long and four inches wide and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type, which shall not be smaller than the size known as 'brevier' or 'eight point body,' upon white paper of uniform quality, without any impression or mark to distinguish one from another, and with sufficient thickness to prevent the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree. Each ballot shall be attached to a name stub, and all the ballots for the same precinct shall be bound together in books of 50 or 100, in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively

862

JOURNAL OF THE SENATE

numbered; and, in the case of primary ballots, the number shall be pre ceded by an initial or abbreviation designating the party name. The num ber and initial or abbreviation which appears upon the stub shall also be printed in the upper portion of the front of the ballot, separated from the remainder of the ballot by a horizontal, perforated line so as to constitute a number strip, and so prepared that the upper portion of the front of the ballot containing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon: Tear off before depositing ballot in ballot box.'"
Section 19. Said title is further amended by striking in its entirety Code Section 21-3-280, relating to the definition of the term "absentee elector" in municipal elections, and inserting in lieu thereof a new Code Section 21-3280 to read as follows:
"21-3-280. The term 'absentee elector,' as used in this article, means an elector of the municipality who is required to be absent from said municipality during the time of the primary or election in which he desires to vote, or who will perform any of the official acts or duties set forth in this chapter in connection with the primary or election in which he desires to vote, or who, because of physical disability, will be unable to be present at the polls on the day of such primary or election, or who, because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election, or who is a fireman required to remain on duty in his or her place of employment during the entire time the polls are open when such place of employment is within the precinct in which the voter resides."
Section 20. Said title is further amended by adding at the end of Code Section 21-3-283, relating to applications for absentee ballots in municipal elections, a new subsection (d) to read as follows:
"(d) (1) A citizen of the United States permanently residing outside the United States is entitled to make application for an absentee ballot from Georgia and to vote by absentee ballot in any election covered by this chapter for which he is registered and otherwise qualified and in which absentee ballots are permitted to be used:
(A) If he was last domiciled in Georgia immediately before his de parture from the United States; and
(B) If he could have met all qualifications, except any qualification relating to minimum voting age, to vote in federal elections even though, while residing outside the United States, he does not have a place of abode or other address in Georgia.
(2) An individual is entitled to make application for an absentee ballot under paragraph (1) of this subsection even if his intent to return to Georgia may be uncertain, as long as:
(A) He has complied with all applicable Georgia qualifications and requirements which are consistent with 42 U.S.C. 1973dd concerning ab sentee registration for and voting by absentee ballots;

FRIDAY, FEBRUARY 11, 1983

863

(B) He does not maintain a domicile, is not registered to vote, and is not voting in any other state or election district of a state or territory or in any territory or possession of the United States; and
(C) He has a valid passport or card of identity and registration is sued under the authority of the Secretary of State of the United States or, in lieu thereof, an alternative form of identification consistent with 42 U.S.C. 1973dd and applicable state requirements, if a citizen does not possess a valid passport or card of identity and registration."
Section 21. Said title is further amended by strking in its entirety Code Section 21-3-321, relating to restrictions on campaign activities within the vicinity of polling places in municipal elections, and inserting in lieu thereof a new Code Section 21-3-321 to read as follows:
"21-3-321. (a) No persons shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign liter ature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind on any primary or election day within 500 feet of the enclosed area of any polling place.
(b) No person shall solicit signatures for any petition on any pri mary or election day within 500 feet of the enclosed area of any polling place.
(c) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors."
Section 22. Said title is further amended by striking in its entirety Code Section 21-3-408, relating to special primaries or elections under certain sit uations in municipalities, and inserting in lieu thereof a new Code Section 21-3-408 to read as follows:
"21-3-408. (a) Whenever any primary or election shall fail to fill a particular nomination or office and such failure cannot be cured by a run-off primary or election, or whenever any person elected to public of fice shall die or withdraw prior to taking office, or whenever any person elected to public office shall fail validly to take that office, the authority with whom the candidates for such nomination or office file notice of can didacy shall thereupon call a special primary or election to fill such posi tion. If a special primary will not be held and unless otherwise provided by law, the call of a special election shall be made within 45 days after the occurrence of the vacancy.
(b) Whenever any person elected to public office shall, after taking office, die, withdraw, or for any other reason create a vacancy in his of fice and the municipal charter fails to provide a method for the filling of such vacancy, the governing authority shall thereupon call a special elec tion to fill such vacancy. The call of a special election in any such case shall be made within 45 days after the occurrence of the vacancy."
Section 23. Said title is further amended by adding at the end of Arti cle 12 of Chapter 3 a new Code section, to be designated Code Section 21-3410, to read as follows:

864

JOURNAL OF THE SENATE

"21-3-410. Any other provision of law to the contrary notwithstand ing, in the event there is no opposed candidate in a precinct in a special or general primary, no special or general primary shall be held. The proper officials of the unopposed candidate's political party shall certify him as the party nominee for the office involved for the purpose of having his name placed upon the special or general election ballots or ballot la bels. Where feasible, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special or general primary election is to be conducted. Each such unopposed candidate shall be deemed to have voted for himself. The superintendent shall certify any such unopposed candidate as nominated in the same manner as he certi fies other candidates nominated pursuant to Code Section 21-3-403."
Section 24. Said title is further amended by striking in its entirety Code Section 21-5-10, relating to campaign contributions, and inserting in lieu thereof a new Code Section 21-5-10 to read as follows:
"21-5-10. (a) A person acting on behalf of a public utility corpora tion regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign.
(b) It shall, however, be lawful for a director, officer, or an employee of a public utility corporation to make a contribution to a political cam paign on his or her own behalf and for officials and employees of any such public utility corporation to establish and administer with corporate funds a political action committee, which committee shall have the au thority to receive and solicit contributions to be used exclusively for the purpose of influencing the outcome of an election or the nomination or election of individuals who are candidates for nomination or election to public office, excluding, however, candidates seeking election for positions on the Public Service Commission. The political action committee shall be a separate, segregated fund and contributions to it shall be limited to voluntary contributions from employees, officers, directors, and their families.
(c) For purposes of this Code section, any expenditure by a public utility corporation solely for the establishment and administration of a political action committee shall not be deemed a 'contribution' or an 'ex penditure' as defined in paragraph (4) and (6) of Code Section 21-5-3, respectively."
Section 25. All laws and parts of laws in conflict with this Act are repealed.

The amendment offered by Senator Coverdell of the 40th on February 9 was as follows:
Amend the substitute to SB 165 offered by the Senate Committee on Governmental Operations by striking Sections 5 and 16 and renumbering the remaining sections;
and

FRIDAY, FEBRUARY 11, 1983

865

By striking on Page 1, lines 11 and 12 of the following:
"to prohibit political parties from submitting questions to their members;".
Senator Deal of the 49th offered the following amendment:
Amend the substitute to SB 165 offered by the Senate Committee on Governmental Operations by striking from the title at the end of line 20 and the beginning of line 21 on Page 2 the following:
"with corporate funds".
By adding in the title on line 2 of Page 3, immediately following the number "3" and preceding the semicolon, the following:
", provided said expenditure which is reasonably identifiable is reim bursed to said public utility corporation from proceeds of said political action committee".
By striking from Section 24 on line 2 of Page 29 the words:
"with corporate funds".
By adding in Section 24 on line 19 of Page 29, immediately following the word "respectively" and preceding the period, the following:
", provided said expenditure which is reasonably identifiable is reim bursed to said public utility corporation from proceeds of said political action committee".
Senator Coverdell of the 40th offered the following amendment:
Amend the substitute to SB 165 offered by the Senate Committee on Governmental Operations by striking on Page 1, lines 11 and 12 the words
"to prohibit political parties from submitting questions to their members"
and adding the words
"to require political parties to submit questions to their members by cer tain times;"
and
by striking on Page 12, Section 5, lines 4 and 5 in their entirety and inserting in lieu thereof the following:
"(d) If at any primary a political party shall submit to its members any matter or question to be voted upon, the party shall by the deadline of the filing of candidates for the primary election certify the wording of said question to the superintendent, if to be voted on by one county only, or to the Secretary of State, if to be voted on by more than one county; and the superintendent or Secretary of State shall have such language printed on the ballot form. To the left of each question there shall be

866

JOURNAL OF THE SENATE

placed the words 'Yes' and 'No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or ( /*") mark.",
and
by striking on Page 22 in its entirety Section 16 and renumbering all remaining Sections.

Senator Coverdell of the 40th asked unanimous consent to withdraw the amend ment offered by him on February 9; the consent was granted.

Senator Kidd of the 25th moved the previous question.

On the motion, the yeas were 31, nays 1; the motion prevailed, and the previous question was ordered.

On the adoption of the amendment offered by Senator Coverdell of the 40th, the yeas were 38, nays 0, and the amendment was adopted.

On the adoption of the amendment offered by Senator Deal of the 49th, the yeas were 39, nays 1, and the amendment was adopted.

On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bowen Broun of 46th Brown of 47th Bryant Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton

Hudgins Huggins Kennedy Kidd Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 36th

FRIDAY, FEBRUARY 11, 1983

867

Scott of 43rd
Stumbaugh Tate

Thompson
Timmons Trulock

Turner Walker

Those voting in the negative were Senators:

Barker Burton Howard

Land Scott of 2nd

Starr Tysinger

Those not voting were Senators:

Allgood Bond

Brannon Brantley

Harrison (excused)

On the passage of the bill, the yeas were 44, nays 7.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 209. By Senators Gillis of the 20th and McGill of the 24th:
A bill to amend Chapter 14 of Title 2 of the Official Code of Georgia Anno tated, relating to the sale, etc., of agricultural products, so as to make it unlawful for any person to sell, package, or label any onions as "Vidalia onions" or to use the term "Vidalia" in connection with the sale of onions unless such onions were grown in the "Vidalia production area".
The Senate Committee on Agriculture offered the following substitute to SB 209:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 14 of Title 2 of the Official Code of Georgia Anno tated, relating to the sale, etc., of agricultural products, so as to make it unlawful for any person to sell, package, or label any onions as "Vidalia onions" or to use the term "Vidalia" in connection with the sale of onions unless such onions were grown in the "Vidalia production area"; to define certain terms; to provide for the "Vidalia production area"; to provide that onions may be identified, classified, labeled, or designated according to the production area where they were grown; to authorize the Commissioner of Agriculture to prescribe quality standards for the marketing of onions in this state; to provide for enforcement; to prohibit persons from marketing onions in violation of quality standards; to provide for criminal penalties; to provide for civil penalties; to provide for injunctive relief; to provide for court costs under certain circumstances; to provide for investigations of com-

868

JOURNAL OF THE SENATE

plaints of violations; to provide for prosecutions; to provide for administra tive hearings; to provide for rules and regulations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 14 of Title 2 of the Official Code of Georgia Anno tated, relating to the sale, etc., of agricultural products, is amended by ad ding at the end thereof a new article, to be designated Article 6, to read as follows:
"ARTICLE 6
2-14-130. This article shall be known and may be cited as the 'Vidalia Onion Act of 1983.'
2-14-131. As used in this article, the term:
(1) 'Person' means an individual, partnership, corporation, associa tion, or any other business unit or entity.
(2) 'Vidalia onions' means all Yellow Hybrid Granex 33 or Yellow Open Pollinated Texas Grano 502 onions and existing varieties and new hybrids or varieties that may be developed which have similar character istics, which onions are marketed dry.
(3) 'Vidalia production area' means a specified production area which encompasses only that part of the state particularly described as follows: Beginning at a point where U.S. Highway 441 intersects Inter state Highway 16, thence continue southeasterly along U.S. Highway 441 to the point where it intersects the tracks of the Southern Railroad in McRae, Georgia; thence southeasterly along the tracks of the South ern Railroad to the point where they intersect the tracks of the Seaboard Coast Line in Jesup, Georgia; thence northeasterly along the tracks of the Seaboard Coast Line to the point where they intersect Long County and Liberty County; thence northwesterly and northerly along the south ern and western boundary line of Liberty County to the point where the boundary of Liberty County intersects the Canoochee River; thence northwesterly along the main channel of the Canoochee River to the point where it intersects Interstate Highway 16; thence westerly along Interstate Highway 16 to the point of beginning where Interstate High way 16 intersects U.S. Highway 441. Such 'Vidalia production area' shall also encompass all of the territory of Telfair County, Jeff Davis County, Bulloch County, Emanuel County, and Candler County.
2-14-132. Only Vidalia onions grown and packaged within the Vid alia production area may be identified, classified, labeled, or otherwise designated as Vidalia onions or identified, classified, labeled, or otherwise designated in any manner so as to imply that such onions were grown or packaged in the Vidalia production area.
2-14-133. The Commissioner shall prescribe by rules or regulations quality standards for the marketing of onions in this state. All onions sold must conform to the prescribed standards and grades and must be labeled accordingly. The Commissioner and his agents and employees

FRIDAY, FEBRUARY 11, 1983

869

shall have the authority to enter premises where onions are sold or where onions are packaged for sale and to inspect any onions for the purpose of enforcing the provisions of this article and the rules or regulations promulgated under this article.
2-14-134. (a) It shall be unlawful for any person to sell or offer for sale any onions as Vidalia onions unless such onions are of the type de fined in paragraph (1) of Code Section 2-14-131 and were grown and packaged in the Vidalia production area as defined in paragraph (3) of Code Section 2-14-131.
(b) It shall be unlawful for any person to package or label any on ions as Vidalia onions for sale in this state or outside of this state or to use the term 'Vidalia' in connection with the sale of onions unless such onions are of the type defined in paragraph (1) of Code Section 2-14-131 and were grown and packaged in the Vidalia production area as defined in paragraph (3) of Code Section 2-14-131.
(c) Any person who violates subsection (a) or (b) of this Code sec tion shall commit a felony and, upon conviction thereof, shall be pun ished by a fine of not less than $1,000.00 nor more than $5,000.00 or by imprisonment for not less than one nor more than three years, or both.
(d) It shall be unlawful for any person to sell onions that do not comply with the standards of quality established by the Commissioner under authority of Code Section 2-14-133 or rules or regulations pertain ing to such product. Any person who violates any provision of this sub section shall be guilty of a misdemeanor.
2-14-135. (a) Any person who knows of a violation of any provision of this article or who knows of a violation of any rule or regulation issued by the Commissioner may seek injunctive relief in accordance with Chapter 5 of Title 9 and Code Section 9-11-65. The additional remedial provisions of this Code section do not constitute an adequate remedy at law for a person who seeks injunctive relief under Chapter 5 of Title 9 and Code Section 9-11-65.
(b) Any person who violates any provision of this article or who vio lates any rule or regulation issued by the Commissioner pursuant to this article shall be liable for a civil penalty in an amount not to exceed $1,000.00 for each and every violation thereof, the amount of such pen alty to be fixed by the Commissioner after notice and hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for contested cases and recoverable by a civil action brought in the name of the Commissioner. Any moneys recovered pursuant to this Code sec tion shall be deposited in the state treasury.
(c) The Attorney General of this State shall, upon complaint by the Commissioner, or may, upon his own initiative if after examination of the circumstances or complaint and evidence he believes a violation has oc curred, bring an action in the superior court in the name of the Commis sioner for civil penalties or for injunctive relief against any person violat ing any provisions of this article or any rule or regulation duly issued by the Commissioner under this article.

870

JOURNAL OF THE SENATE

(d) If it appears to the court, upon any application for a temporary restraining order or upon any application for interlocutory injunction, af ter evidence is received, that any person therein is violating or has vio lated any provision of this article or any rule or regulation duly issued by the Commissioner under this article, then the court shall enjoin the de fendant from committing further violations. It shall not be necessary in such event to allege or prove lack of an adequate remedy at law.
(e) In any action brought by the Attorney General to enforce any of the provisions of this article or of any rule or regulation issued by the Commissioner, the judgment, if in favor of the Commissioner, may pro vide that the defendant pay to the Commissioner the costs incurred by the Commissioner in the prosecution of such action.
(f) The Commissioner may and, upon the complaint of any inter ested party charging a violation of any provision of this article or any rule or regulation issued by the Commissioner and effective under this article, shall refer the matter directly to the Attorney General of this state or to any prosecuting attorney of this state for the institution of legal proceedings thereon or, if the Commissioner deems it necessary or advisable, immediately call an administrative hearing, pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Proce dure Act,' governing contested cases, to consider the charges set forth in such verified complaint.
(g) Upon the matter being referred directly by the Commissioner to the Attorney General or any prosecuting attorney, it shall be the duty of such officer, if after examination of the complaint and the evidence he believes that a violation has occurred, to bring an appropriate action or actions in a court or courts of competent jurisdiction in this state.
(h) Upon an administrative hearing being held and the Commission er finding that a violation has occurred, he shall enter his findings and notify the parties to such complaint. In his discretion, the Commissioner shall either refer the matter to the Attorney General for the institution of legal proceedings or notify such parties to cease and desist from further violation. Upon the refusal or failure of such parties to comply or upon the Commissioner finding that the facts or circumstances warrant imme diate prosecution, the Commissioner shall file a complaint with the At torney General or with any prosecuting attorney of this state requesting that such officer commence any or all actions authorized in this article against such respondent or respondents in a court of competent jurisdiction.
2-14-136. The Commissioner is authorized to adopt and promulgate rules and regulations to implement this article and to accomplish its pur poses. After they are legally adopted and promulgated, such rules and regulations shall have the force and effect of law."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, FEBRUARY 11, 1983

871

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Broun of 46th Brown of 47th Bryant Burton Cobb
fv^^Oupgoglilnl
Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Huggins Kennedy Kidd Lester

Littlefield McGill McKenzie
Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Walker

Voting in the negative were Senators Hill and Peevy.

Those not voting were Senators:

Allgood
Brannon Brantley

Harrison (excused)
Hudgins Land

Stumbaugh Tysinger

On the passage of the bill, the yeas were 46, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Hill of the 29th introduced the two doctors of the day: Dr. Larry Duane of Waycross and Dr. Theodore Hatfield of West Point, Georgia.

872

JOURNAL OF THE SENATE

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 182. By Senator Kidd of the 25th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to superior courts, so as to change the minimum annual sala ries for clerks of the superior courts; to provide an effective date.

Senator Peevy of the 48th moved that he be excused from voting on SB 182, stat ing that he had an interest in the results.

On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Peevy of the 48th was excused from voting on SB 182.

Senators Barnes of the 33rd and Dean of the 31st offered the following amendment:
Amend SB 182 by adding after line 1 on Page 3 the following:
"250,000 -- 299,000. ...... .$38,500"
and strike on line 1, Page 2 "299,999" and insert "249,999".

On the adoption of the amendment, the yeas were 33, nays 1, and the amendment was adopted.

Senator Timmons of the llth offered the following amendment: Amend SB 182 by striking from line 25 of Page 2 the following: "$12,528.00",
and inserting in lieu thereof the following: "$11,800.00".

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

FRIDAY, FEBRUARY 11, 1983

873

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Harris Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Thompson.

Those not voting were Senators:

Allgood Brannon Brantley

Coverdell Greene Harrison (excused)

Hudgins Peevy (excused)

On the passage of the bill, the yeas were 47, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Kidd of the 25th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 182.

The following resolution of the Senate was read and adopted:

SR 103. By Senator Brannon of the 51st: A resolution commending Sam Creech and inviting him to appear before the Senate.
Senator Garner of the 30th introduced Sam Creech, who briefly addressed the Senate.
The following message was received from the House through Mr. Ellard, the Clerk thereof:

874

JOURNAL OF THE SENATE

Mr. President:

The House has disagreed to the Senate amendment to the following bill of the House:

HB 159. By Representatives Coleman of the 118th, Buck of the 95th and Cheeks of the 89th:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to cre ate the State Medical Education Board as the successor to and a continua tion of the heretofore existing State Medical Education Board.

The House has agreed to the Senate amendment to the following bill of the House:

HB 136. By Representatives Walker of the 115th, Smyre of the 92nd and Evans of the 84th:
A bill to amend Chapter 13 of Title 17 of the Official Code of Georgia Annotated, relating to criminal extraditions, so as to provide that certain documents shall be issued under the authority of the executive seal.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

The following general bills and resolution of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 163. By Senators Howard of the 42nd, Allgood of the 22nd and Starr of the 44th:
A bill to amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide for interest rates on life insurance policy loans.

The Senate Committee on Insurance offered the following substitute to SB 163:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 25 of Title 33 of the Official Code of Georgia Anno tated, relating to life insurance, so as to provide for policy loan interest rates on certain life insurance policies; to provide for definitions; to provide for construction and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 25 of Title 33 of the Official Code of Georgia Anno-

FRIDAY, FEBRUARY 11, 1983

875

tated, relating to life insurance, is amended by adding a new Code section immediately following Code Section 33-25-3, to be designated Code Section 33-25-3.1, to read as follows:
"33-25-3.1. (a) As used in this Code section, the term:
(1) 'Policy' means a contract of life insurance, a life benefit certifi cate issued by a fraternal benefit society, or an annuity contract.
(2) 'Policyholder' means the owner of the policy or the person desig nated on the records of the company as the person responsible to pay the premiums.
(3) 'Policy loan' means a cash loan or a premium loan made by an insurer on a policy in accordance with the provisions of this title.
(4) 'Policy loan interest rate' means the interest rate charged on a policy loan made in accordance with the provisions of this title.
(5) 'Published monthly average' means:
(A) Moody's Corporate Bond Yield Average--Monthly Average Corporates as published by Moody's Investors Service, Inc., or by any successor thereto; or
(B) In the event that Moody's Corporate Bond Yield Aver age--Monthly Average Corporates, or any successor thereto, is no longer published, 'published monthly average' means any substantially similar average which the Commissioner shall, by rule or regulation, designate to be used in its place.
(b) No policy of life insurance which provides for policy loans shall be issued, delivered, issued for delivery, or reinstated in this state on or after July 1, 1983, unless it contains one of the following provisions relat ing to policy loan interest rates:
(1) A provision permitting a specified rate of interest on policy loans, not to exceed 8 percent per annum, in accordance with the provi sions of paragraph (5) of subsection (a) of Code Section 33-25-3 and the rules and regulations promulgated by the Commissioner pursuant thereto: or
(2) A provision permitting an adjustable maximum policy loan in terest rate established from time to time by the insurer in accordance with subsection (c) of this Code section.
(c) If the policy provides for an adjustable maximum policy loan interest rate as allowed under paragraph (2) of subsection (b) of this Code section, the insurer shall also be required to comply with the fol lowing requirements:
(1) The policy loan interest rate charged shall not exceed the higher of the following:
(A) The published monthly average for the calendar month ending two months before the date on which the rate is submitted; or

876

JOURNAL OF THE SENATE

(B) The rate used to calculate the cash surrender values under the policy during the applicable period plus 1 percent per annum.
(2) The policy shall contain a provision setting forth the frequency at which the policy loan interest rate is to be determined for that policy;
(3) The maximum policy loan interest rate for each policy must be determined at regular intervals at least once every 12 months, but not more frequently than once in any three-month period;
(4) At the intervals specified in this policy:
(A) The policy loan interest rate being charged may be increased whenever such increase as determined by this Code section would in crease the policy loan interest rate by !/2 percent or more per annum; and
(B) The policy loan interest rate being charged must be reduced whenever such reduction as determined in this Code section would reduce the policy loan interest rate by 'A percent or more per annum;
(5) The insurer shall:
(A) Notify the policyholders, at the time a cash loan is made, of the initial policy loan interest rate applicable to the loan;
(B) Notify the policyholder who makes a premium loan of the initial policy loan interest rate as soon as it is reasonably practical to do so after the making of the initial loan. Notice need not be given to the policyholder when a further premium loan is made unless there is an increase in the policy loan interest rate, in which case notice shall be given in accordance with subparagraph (C) of this paragraph;
(C) Send policyholders with policy loans reasonable advance notice of any increase in the policy loan interest rate; and
(D) Include in the notice required to be sent under subparagraph (C) of this paragraph a statement concerning the applicable policy loan interest rate and the frequency at which such rate is determined; and
(6) A statement concerning the applicable policy loan interest rate and the frequency at which such rate is determined shall be included in the policy.
(d) Notwithstanding any provisions of this Code section which might be construed to the contrary, no insurer shall be authorized to ter minate a policy prior to its anniversary date solely because of a change in the applicable policy loan interest rate.
(e) Notwithstanding any provisions of the laws of this state which might be construed to the contrary, the maximum rate of interest which may be charged on a policy loan shall be governed exclusively by the provisions of this Code section unless such other laws are specifically made applicable to policy loans.
(f) No insurer shall be permitted to issue policies with adjustable maximum policy loan interest rates as allowed under paragraph (2) of

FRIDAY, FEBRUARY 11, 1983

877

subsection (b) of this Code section unless such insurer also makes availa ble policies, which may or may not be on the same type of policy form, with specified rates of interest on policy loans in accordance with the provisions of paragraph (1) of the subsection (b) of this Code section.
(g) The provisions of this Code section shall not apply to any policy issued before July 1, 1983, unless the policyholder agrees in writing to the applicability of such provisions in accordance with such requirements as may be established by the Commissioner."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bond Bowen Broun of 46th Brown of 47th
rvant
CCooveemrdaenll Dawkins D ea i Dean English Engram Fincher

Foster Garner Gillis Greene Harris
Hill Hine
" orto " Howard Hudgins Muggins Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips
Scott of 36th Scott of 43rd Starr Stumbaugh T * te Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative were Senators Barker and Scott of the 2nd.

Those not voting were Senators:

Allgood Brannon

Brantley Harrison (excused)

Kennedy (presiding)

878

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 49, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

SR 61. By Senators Garner of the 30th, Engram of the 34th, Harrison of the 37th and others:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that cer tain public officeholders shall be deemed to have automatically resigned at the time of qualifying as a candidate for a different public office; to provide for applicability; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article II, Section II of the Constitution is amended by ad ding at the end thereof a new Paragraph V to read as follows:

"Paragraph V. Automatic resignation of current office upon qualify ing as a candidate for another office. If any public officer qualifies as a candidate in any general or special primary or general or special election for any office of profit or trust under the laws of this state or of the United States other than the office then held, such public officer, at the time of qualifying as a candidate, shall be deemed to have automatically resigned from the office then held; provided, however, that this provision shall not apply to an officeholder when, at the time of qualifying as a candidate for an office other than the office then held, there is less than one year remaining on the term of the office then held. This provision shall not be applicable to a county or municipal officer who qualifies as a candidate for a county or municipal office including a county or munici pal office then held, if the contemporaneous holding of the county or mu nicipal office sought and any county or municipal office then held is not prohibited by law."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that certain public officeholders shall be deemed to have automatically resigned their offices at the time of qualifying as a candidate for a different public office?"

All persons desiring to vote in favor of ratifying the proposed amend-

FRIDAY, FEBRUARY 11, 1983

879

merit 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:

Barker Barnes Bowen Broun of 46th Brown of 47th Bryant Cobb Coggin Coleman Dawkins Deal Dean Engram Foster

Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 36th Starr Tate Thompson Timmons Trulock Turner Walker

Those voting in the negative were Senators:

Bond Burton Coverdell

Land Scott of 2nd Scott of 43rd

Stumbaugh Tysinger

Those not voting were Senators:

Allgood Brannon Brantley

English Fincher

Harrison (excused) Kennedy (presiding)

On the adoption of the resolution, the yeas were 41, nays 8.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

880

JOURNAL OF THE SENATE

SB 195. By Senator Land of the 16th:
A bill to amend Code Section 21-1-1 of the Official Code of Georgia Anno tated, relating to the placement of campaign material, so as to remove the restriction against placing certain campaign material on property zoned for particular uses.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean Engram

Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Huggins Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Brannon Brantley Coggin

English Fincher Harrison (excused) Hudgins

Kennedy (presiding) Starr Timmons

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 173. By Senators McGill of the 24th, English of the 21st, Walker of the 19th and others:
A bill to amend Chapter 50 of Title 43 of the Official Code of Georgia Annotated, relating to veterinary medicine, so as to revise the laws regulat ing technicians who assist veterinarians.

FRIDAY, FEBRUARY 11, 1983

881

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker
Bond
Bowen
Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram

Foster Gillis Harris Hine Holloway Horton Howard Huggins Kidd Land Lester Littlefield
McGill
McKenzie

Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood
Barnes Brannon Brantley Broun of 46th

Coggin Fincher Garner Greene Harrison (excused)

Hill Hudgins Kennedy (presiding) Starr

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 177. By Senator Holloway of the 12th:
A bill to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract, so as to authorize the department to award a contract when only one bid has been received on a project.

882

JOURNAL OF THE SENATE

The Senate Committee on Transportation offered the following substitute to SB 177:

A BILL TO BE ENTITLED
AN ACT
To amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract, so as to authorize the department to award a contract when only one bid has been received on a project; to authorize the department to award a contract to the next lowest bidder if the lowest reliable bidder is released by the department because of an obvious error; to authorize the department to award any con tract based on the lowest comparison of bids from reliable bidders where the department has advertised for bids on an alternative basis; to authorize the department to negotiate a contract if all bids are over the department's cost estimate as long as the resulting negotiated contract is below the lowest reli able bid; to authorize the department to negotiate with the lowest reliable bidder if there have been changes in the construction plans or specifications after the department has received and opened the bids but before the bid has been awarded; to reserve to the department the right to reject any and all bids; to provide an affective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract, is amended by striking Code Section 32-2-69, relating to the award of con tracts to the lowest reliable bidder, in its entirety and inserting in lieu thereof a new Code Section 32-2-69 to read as follows:
"32-2-69. (a) On all contracts required to be let for public bid the department shall award the contract pursuant to the following provisions:
(1) If only one bid is received, the department may open and evalu ate the bid and may award the contract if said bid does not exceed the department's cost estimate for the project as certified by the state high way engineer;
(2) If two or more bids are received, the department shall award the contract to the lowest bidder; provided that the department shall have the right to reject any and all such bids whether such right is reserved in the public notice or not; provided, further, if the lowest reliable bidder is determined not to be reliable between the time the bids are taken and the contract is awarded or if the lowest reliable bidder is released by the department because of an obvious error in the bid or if the lowest reliable bidder to whom the contract is awarded refuses to accept the award and sign the contract and forfeits the proposal guaranty, the department may award the contract to the next lowest reliable bidder; and provided, fur ther, that, if by operation of this paragraph only one bidder remains, the provisions of paragraph (1) of this subsection shall be applicable; and
(3) If the department has requested bids on several alternative con tracts for a project, as a whole and parts thereof, the department at its

FRIDAY, FEBRUARY 11, 1983

883

option may award the contract based on the lowest comparison of bids from reliable bidders, provided that a bid was received from at least two different bidders for the work included in the contract to be awarded. However, if there is not at least one bid from two different bidders for the work for which a contract is to be awarded, the department may award a contract covering said work under the provisions of paragraph (1) of this subsection.

(b) Regardless of the provisions of paragraph (1) of subsection (d) of Code Section 32-2-61, relating to the limitations on the department's powers to contract:

(1) When the department rejects all bids on a project and the pro ject is readvertised, if all bids in the second or subsequent letting or lettings exceed the department's certified cost estimate, the department may reject any and all bids and either readvertise, perform the work it self, abandon the project, or negotiate the construction contract for the project provided that if the department negotiates the contract for the construction of the project, the contract which is negotiated is the same contract on which bids have been previously taken and the amount of the resulting negotiated contract is below the lowest reliable bid which was received thereon. In negotiating such contract, the department will first negotiate with the low bidder in the most recent letting but will not be restricted to negotiating with only those who bid on the project; and

(2) If there are changes in construction plans or specifications after the department has received and opened bids but before the contract has been awarded, the department is authorized to negotiate with the lowest reliable bidder to incorporate the changes.

(c) Nothing in this Code section shall limit the department's right to reject any and all bids whether such right is reserved in the public notice or not and, in such case, the department may readvertise, perform the work itself, or abandon the project."

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 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.

884

JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester Littlefield

Those not voting were Senators:

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Tysinger Walker

Allgood Brannon

Brantley Harrison (excused)

Kennedy (presiding) Stumbaugh

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 72. By Senators Tate of the 38th, Horton of the 17th and Kidd of the 25th:
A bill to amend Code Section 47-2-292 of the Official Code of Georgia An notated, relating to county tax commissioners, tax collectors, and tax receiv ers and the employees of such officials being members of the Employees' Retirement System of Georgia, so as to provide that such officials taking office after a certain date shall be members of the retirement system as a condition of holding office.

FRIDAY, FEBRUARY 11, 1983

885

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 Loyce Turner, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 24, 1983

SUBJECT: Fiscal Note - Senate Bill 72 (LC 7 5073) Employees' Retirement System (ERS)

This Bill would require persons becoming tax commissioners, tax collec tors, or tax receivers after June 30, 1983 to become members of ERS as a condition of holding office. The Bill would allow persons becoming employ ees of such officials after June 30, 1983 the option, which must be exercised within 180 days of employment, of becoming ERS members. Such officials and their employees who were in office or employed on June 30, 1983 would be allowed to elect ERS membership until June 30, 1984 and would be al lowed to receive credit for prior service in their current positions. To obtain prior service credit, members must pay, at the time of membership applica tion, the employee contribution of 5%, based on their salary at the time of initial ERS membership, plus regular interest from the time of prior service to the date of payment. Except for the right to obtain prior service credit, persons becoming members pursuant to this Bill would be subject to the membership terms implemented July 1, 1982. Under current law, these tax officials have until July 31 of the first year of taking office to elect ERS membership for themselves and their employees.

The Retirement System has indicated that 113 of the 165 tax officials in Georgia are currently covered by ERS leaving 52 officials and their em ployees eligible for this proposed legislation. The actual number of persons that would qualify for the various provisions of this Bill could not be deter mined. The actuary for ERS has stated that the additional system costs as sociated with employees who elect membership and/or prior service credit cannot be estimated in advance since utilization cannot be predicted.

The actuary expects, however, that the system costs associated with new members would be similar to those for any other new members of the System. The Department of Revenue would incur additional costs of the employer contributions for new members and the cost of prior service credit elected by new members. A survey of tax officials and their employees cou pled with an actuarial study would be necessary to determine the exact fiscal impact of this Bill.

It should be noted that the meaning of prior service as used in this Bill

886

JOURNAL OF THE SENATE

is defined by the law governing ERS as service rendered prior to January 1, 1954. Also, this Bill appears inconsistent in its provisions regarding payment for prior service since the Bill requires officials and employees to pay the employee contributions plus interest and also references current law which directs the Department of Revenue to pay for the prior service values of members.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

The Senate Committee on Retirement offered the following substitute to SB 72:

A BILL TO BE ENTITLED AN ACT
To amend Code Section 47-2-292 of the Official Code of Georgia An notated, relating to county tax commissioners, tax collectors, and tax receiv ers and the employees of such officials being members of the Employees' Retirement System of Georgia, so as to provide that such officials taking office after a certain date shall be members of the retirement system as a condition of holding office; to provide that certain tax officials and their em ployees holding office or employment on a certain date shall have the option of becoming members of the retirement system; to authorize creditable ser vice for certain previous service and requirements relative thereto; to provide that persons becoming employees of such tax officials shall have the option to become members of the retirement system; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-2-292 of the Official Code of Georgia Anno tated, relating to county tax commissioners, tax collectors, and tax receivers and the employees of such officials being members of the Employees' Retire ment System of Georgia, is amended by striking subsection (0 which reads as follows:
"(0 In the event a new tax commissioner, tax collector, or tax re ceiver is elected, he shall have until July 31 of the first year in which he takes office to elect to establish a merit system of employment and to avail himself and his employees of the retirement benefits provided for in this chapter. No coverage shall ever be extended to any official or em ployee designated in this Code section who is now covered or who be comes covered under any other retirement benefit or simlar system ex cluding social security coverage. Any provision of this chapter or any other law to the contrary notwithstanding, the office of any tax commis sioner, tax collector, or tax receiver covered by this subsection shall be deeded to be adjuncts of the Department of Revenue; and pursuant to this Code section, the state revenue commissioner is authorized and di rected to pay from funds appropriated to the Department of Revenue the employer contributions required by this chapter for service rendered after

FRIDAY, FEBRUARY 11, 1983

887

any such tax commissioner, tax receiver, tax collector, or employee thereof becomes a member of the retirement system.",
in its entirety and substituting in lieu thereof three new subsections (f), (g), and (h) to read as follows:
"(f) Except for those persons holding office on June 30, 1983, and except as otherwise provided by subsection (h) of this Code section, any person who becomes a tax commissioner, tax collector, or tax receiver at any time after June 30, 1983, shall be a member of the retirement sys tem under the provisions of Code Section 47-2-334 as a condition of holding office. Any person holding office as a tax commissioner, tax col lector, or tax receiver on June 30, 1983, except such officials who are then members of the retirement system and except as otherwise provided by subsection (h) of this Code section, shall have the option of becoming a member of the retirement system, and such option must be exercised by not later than June 30, 1984. Such officials electing membership in the retirement system may obtain creditable service under the retirement system for actual previous service as tax commissioner, tax collector, or tax receiver or as an employee of any such official by paying to the board of trustees the regular employer and employee contributions for each year or portion thereof claimed as previous service, with the computation of such contributions being based on the compensation of the official at the time of becoming a member of the retirement system. In addition to such employer and employee contributions, the official claiming such pre vious service shall pay interest at the rate of 6 percent per annum on the amount of such contributions compounded annually from the time the previous service was rendered until payment is made to the board of trustees. The payment required for such previous service shall be made to the board of trustees at the time application is made for membership in the retirement system. Except for the right to obtain creditable service for previous service as provided in this subsection, any official holding office on June 30, 1983, who elects membership in the retirement system shall be under the provisions of Code Section 47-2-334.
(g) Except for those persons in employment on June 30, 1983, and except as otherwise provided by subsection (h) of this Code section, any person who becomes an employee of a tax commissioner, tax collector, or tax receiver at any time after June 30, 1983, shall have the option, which must be exercised within 180 days after the date of employment, of be coming a member of the retirement system under the provisions of Code Section 47-2-334. Any person employed by a tax commissioner, tax col lector, or tax receiver on June 30, 1983, except such employees who are then members of the retirement system and except as otherwise provided by subsection (h) of this Code section, shall have the option of becoming a member of the retirement system, and such option must be exercised by not later than June 30, 1984. Such employees electing membership in the retirement system may obtain creditable service under the retirement system for actual previous service as an employee of a tax commissioner, tax collector, or tax receiver by paying to the board of trustees the regu lar employer and employee contributions for each year or portion thereof claimed as previous service, with the computation of such contributions being based on the compensation of the employee at the time of becoming a member of the retirement system. In addition to such em-

888

JOURNAL OF THE SENATE

ployer and employee contributions, the employee claiming such previous service shall pay interest at the rate of 6 percent per annum on the amount of such contributions compounded annually from the time the previous service was rendered until payment is made to the board of trustees. The payment required for such previous service shall be made to the board of trustees at the time application is made for membership in the retirement system. Except for the right to obtain creditable service for previous service as provided in this subsection, any person employed on June 30, 1983, who elects membership in the retirement system shall be under the provisions of Code Section 47-2-334.
(h) Notwithstanding any other provisions of this Code section, no tax commissioner, tax collector, tax receiver, or any employee of any such official shall be eligible for membership in the retirement system if such official or employee is covered or becomes covered by any other public retirement or pension system excluding social security coverage. The provisions of subsections (a), (c), and (d) of this Code section shall apply to any tax officials or their employees who become members of the retirement system pursuant to subsections (f) and (g) of this Code section."
Section 2. 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 Loyce Turner, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 8, 1983

SUBJECT: Updated Fiscal Note - Substitute to Senate Bill 72 (LC 7 5242S) Employees' Retirement System (ERS)

This Bill would require persons becoming tax commissioners, tax collec tors, or tax receivers after June 30, 1983 to become members of ERS as a condition of holding office. The Bill would allow persons becoming employ ees of such officials after June 30, 1983 the option, which must be exercised within 180 days of employment, of becoming ERS members. Such officials and their employees who were in office or employed on June 30, 1983 would be allowed to elect ERS membership until June 30, 1984 and would be al lowed to receive credit for previous service in their current positions. To

FRIDAY, FEBRUARY 11, 1983

889

obtain previous service credit, members must pay, at the time of member ship application, the regular employer and employee contributions, based on their salary at the time of initial ERS membership, plus 6% interest from the time of previous service to the date of payment. Except for the right to obtain previous service credit, persons becoming members pursuant to this Bill would be subject to the membership terms implemented July 1, 1982. Under current law, these tax officials have until July 31 of the first year of taking office to elect ERS membership for themselves and their employees.
The Retirement System has indicated that 113 of 165 tax officials in Georgia are currently covered by ERS leaving 52 officials and their employ ees eligible for this proposed legislation. The actual number of persons that would qualify for the various provisions of this Bill could not be determined. The actuary for ERS has stated that the additional system costs associated with employees who elect membership and/or previous service credit cannot be estimated in advance since utilization cannot be predicted.
The actuary expects, however, that the system costs associated with new members would be similar to those for any other new members of the System. The Department of Revenue could incur additional costs of the em ployer contributions for new members. A survey of tax officials and their employees coupled with an actuarial study would be necessary, to determine the exact fiscal impact of this Bill.
An example of a person electing ERS membership and previous service credit could provide some insight to the cost of this Bill. For a person with 19 years' previous service and a $30,000 per year salary who is currently age 60 and assuming the required contributions are paid to ERS in 1983, there would be no unfunded liability created at retirement. The $191,250 increase in reserves required at retirement in 1988 would be more than off set by the $158,352 in member contributions and the $63,745 in interest earnable by ERS on these contributions until retirement.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bond Bowen

Broun of 46th Brown of 47th Bryant

Burton Cobb Coggin

890
Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene

JOURNAL OF THE SENATE

Harris Hill Hine Holloway Horton Howard Huggins Kidd Land Lester Littlefield McGill

McKenzie Peevy Perry Scott of 2nd Scott of 36th Tate Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Barnes Phillips

Scott of 43rd Starr

Thompson

Those not voting were Senators:

Allgood Brannon Brantley

Harrison (excused) Hudgins

Kennedy (presiding) Stumbaugh

On the passage of the bill, the yeas were 44, nays 5.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following resolution of the Senate was read and adopted:

SR 100. By Senators Broun of the 46th, Holloway of the 12th, Kennedy of the 4th and others:
A resolution commending Honorable Steve Polk.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 159. By Representatives Coleman of the 118th and Buck of the 95th:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to cre ate the State Medical Education Board as the successor to and a continua tion of the heretofore existing State Medical Education Board.

FRIDAY, FEBRUARY 11, 1983

891

Senator Fincher of the 54th moved that the Senate insist upon the Senate amend ment to HB 159.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 159.

The following general bills of the Senate, favorably reported by the committee, were read the third time and put upon their passage:
SB 96. By Senator Coggin of the 35th: A bill to amend Chapter 12 of Title 47 of the Official Code of Georgia Annotated, relating to district attorneys emeritus, so as to change the provi sions relating to practicing law while serving as district attorney emeritus.
The following fiscal note, as required by law, was read by the Secretary:

Department of Audits Trinity-Washington Building
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Nathan Deal, Chairman

Senate Judiciary Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 1, 1983

SUBJECT: Fiscal Note - Senate Bill 96 (LC 7 5130) District Attorneys' Retirement Fund

This Bill would allow District Attorneys Emeritus to represent defen dants in criminal or quasi-criminal cases in any court of the United States or in any other court and would allow District Attorneys Emeritus to live outside this state. This Bill would also exempt all benefits, salaries, and re turns of contributions under this chapter from state, county, or municipal taxes. Currently, District Attorneys Emeritus must resign their office (and thus forfeit their benefits) if they wish to represent defendants in criminal or quasi-criminal cases or if they wish to reside outside this state.
The fiscal impact of this Bill on the fund cannot be determined; how ever, the cost to the fund would be the elimination of the savings realized when benefits are not paid to persons who would lose retirement benefits should they represent defendants in criminal or quasi-criminal cases or should they move to another state. This Bill's fiscal impact on the revenue

892

JOURNAL OF THE SENATE

of the state cannot be determined; however, if it is expected to be minimal since there are currently 20 people receiving benefits from the fund.

/s/ 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:

Barker Barnes Bond Bowen Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal Dean English Engram Fincher

Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Brannon Brantley Broun of 46th

Coverdell Harrison (excused) Hill

Kennedy (presiding) Stumbaugh Thompson

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 169. By Senator Barnes of the 33rd:
A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective and private security agencies, so as to authorize the Georgia Board of Private Detective and Se curity Agencies to suspend licenses pending a hearing for failure to renew canceled bonds or failure to supply a financial affidavit in lieu of bonds.

FRIDAY, FEBRUARY 11, 1983

893

Senator Barnes of the 33rd offered the following substitute to SB 169:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 38 of Title 43 of the Official Code of Georgia Anno tated, relating to operators of private detective and private security agencies, so as to authorize the Georgia Board of Private Detective and Security Agencies to suspend certain licenses, registration, or permits without a prior hearing under certain circumstances; to repeal conflicting laws; and for other purposes:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 38 of Title 43 of the Official Code of Georgia Anno tated, relating to operators of private detective and private security agencies, is amended by adding between Code Sections 43-38-11 and 43-38-12 a new Code Section 43-38-11.1 to read as follows:
"43-38-11.1. After proper notification, the board may suspend the license, registration, or weapon's permit of any licensee, registrant, or weapon's permit holder without a prior hearing as required in Code Sec tion 43-38-11, provided that said licensee, registrant, or weapon's permit holder is determined by the board to present a clear and present danger to the public safety on the grounds outlined in Code Section 43-38-11."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman

Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris

Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester Littlefield McGill

894

JOURNAL OF THE SENATE

McKenzie Peevy Perry Phillips
Scott of 2nd

Scott of 36th Scott of 43rd Starr Tate
Timmons

Trulock Turner
Tysmger Walker

Those not voting were Senators:

Allgood Brannon Brantley

Coverdell Harrison (excused) Hill

Kennedy (presiding) Stumbaugh Thompson

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:

Secretary of State 214 State Capitol
Atlanta 30334
February 11, 1983
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I am transmitting to you herewith a certified list of those persons, who registered in the Docket of Legislative Appearance for the 1983 Regular Session as of 3:00 P.M. on February 11, 1983. The list is numbered 500 through 532.
Sincerely,
/s/ Max Cleland

Attachment:
Received by /s/ Hamilton McWhorter, Jr.

FRIDAY, FEBRUARY 11, 1983

895

STATE OF GEORGIA
Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby cer tify that the attached list contains the names and address of those persons, numbered 500 through 532 who have registered in the Docket of Legislative Appearance as of February 11, 1983, 3:00 P.M., in accordance with the Georgia Laws 1970, pp. 695, as the same appears of file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and af fixed the seal of my office, at the Capitol, in the City of Atlanta, this 11th day of February, in the year of our Lord One Thousand Nine Hundred and Eighty-Three and of the Independence of the United States of America the Two Hundred and Seven.
/s/ Max Cleland Secretary of State

PERSONS REGISTERED IN THE DOCKET OF LEGISLATIVE APPEARANCE--1983
500. Yvonne J. Wiltz Atlanta NAACP 2886 Branchwood Drive Atlanta, Georgia 30344
501. Clyde Dameron International Assn. of Machinist & Aero Space Pine Mountain Road Kennesaw, Georgia
502. William W. Whitton International Assn. of Machinist Route 1, Box 421 Breman, Georgia 30110
503. Sharon Adams Cable America 1447 Peachtree Road, N.E. Atlanta, Georgia 30309
504. Mary Lou Romaine Georgia Federation of Teachers AFT-AFL-CIO 374 Maynard Terrace, S.E. #212 Atlanta, Georgia 30316
505. Jody Grogan Georgia Federation of Teachers AFT-AFL-CIO 374 Maynard Terrace, S.E. #212 Atlanta, Georgia 30316

896

JOURNAL OF THE SENATE

506. Joel Buckberg American Medical International Inc. 1000 Fulton Federal Building Atlanta, Georgia 30335
507. Neal H. Ray Heyman & Sizemore 1940 Equitable Bldg. Atlanta, Georgia 30043
508. Larry Rykard ABC Home Health Agencies P.O. Box 1056 Brunswick, Georgia 31520
509. Thomas Weeks Pitts United Steelworkers Local 2401 205 Greenacre Lane Cartersville, Georgia 30120
510. Lanier Wayne Ledford United Steelworkers of America Local 240 534 Bozeman Road Cartersville, Georgia
511. Lee Bagley United Steelworkers AFL-CIO Local 2401 Route 3, Walker Hills Cir. Cartersville, Georgia 30120
512. Ellen Clairborne Georgia PTA 105 Timberland Drive Dalton, Georgia 30720
513. Tasso L. Knight CWA Local 3204 1602 Dresden Drive, N.E. Atlanta, Georgia 30319
514. Ken Sistrunk Ga. Council of Machinist Albany Central Labor Council State AFL-CIO Route 4, Box 30 Albany, Georgia 31705
515. Ann W. Rose Midtown Hospital Georgia Abortion Rights Action League 144 Ponce de Leon Avenue Atlanta, Georgia 30308
516. Robert W. Herlong Nationwide Insurance Company 240 Stoneridge Drive Suite 411 Columbia, S.C. 29210

FRIDAY, FEBRUARY 11, 1983

897

517. William A. Ledee National Prison and Parole Foundation
P.O. Box 335
Stone Mountain, Georgia 30086
518. C. Gerald Henderson National Prison and Parole Foundation
P.O. Box 335
Stone Mountain, Georgia 30086
519. Janet K. Wiley Professional Assn. of Ga. Educators Route 1, Box 421 Elberton, Georgia
520. Shirley Hobby Professional Assn. of Ga. Educators P.O. Box 483 Hardwick, Georgia
521. James R. Swann Professional Assn. of Ga. Educators Route 1, Box 209 Butler, Georgia 31006
522. Peggy Shelnutt Professional Assn. of Ga. Educators 2015 Montreal Road, Suite H Tucker, Georgia
523. Mozelle Christian Professional Assn. of Ga. Educators 2015 Montreal Road Tucker, Georgia
524. C. A. Collier American Assn. of Retired Persons 529 W. Solomon Street Griffin, Georgia 30223
525. Barbara B. Howard P.A.G.E. P.O. Box 157 Brooklet, Georgia 30415
526. M. B. (Mike) Drake Machinist Local Lodge 1690 681 Waterford Road Atlanta, Georgia 30318
527. Richard H. Vincent Medical Assn. of Georgia 1100 C&S National Bank Bldg. Atlanta, Georgia 30335
528. Barbara C. Decker MEAG Suite 700 100 Peachtree St., N.W. Atlanta, Georgia 30303

898

JOURNAL OF THE SENATE

529. F. D. Hightower Lobbying Americans 2827 Norgate Lane Decatur, Georgia 30034
530. Robert E. Richardson Hurt, Richardson, Garner, Todd and Cadenhead 233 Peachtree Street, N.E. Suite 1100-Harris Tower Atlanta, Georgia 30303
531. William T. "Will" Rogers, Sr. Georgia State Council of Machinist 2846 Ben Daniel Road Smyrna, Georgia 30080
532. Jacki Bolton Common Cause 3661 North Decatur Road #H-1 Decatur, Georgia 30032

Senator English of the 21st moved that the Senate do now adjourn until 10:00 o'clock A.M. Monday, February 14, and the motion prevailed.

At 12:40 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 10:00 o'clock A.M. Monday, Feb
ruary 14.

MONDAY, FEBRUARY 14, 1983

899

Senate Chamber, Atlanta, Georgia Monday, February 14, 1983
Twenty-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 Holloway of the 12th reported that the Journal of the proceedings of Fri day, February 11, had been read and found correct.

Senator Kidd of the 25th moved that the Senate reconsider its action of Friday, February 11, in passing the following bill of the Senate:

SB 182. By Senator Kidd of the 25th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to superior courts, so as to change the minimum annual sala ries for clerks of the superior courts; to provide an effective date.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 182 was reconsidered and placed at the foot of the Senate Rules Calendar for today.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 479. By Representatives Lawson, Wood and Jackson of the 9th: A bill to create a new charter for the City of Lula.

HB 514. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act placing the tax commissioner of Tift County upon an annual salary, so as to authorize the board of commissioners of Tift County to fix the salary of the tax commissioner of Tift County.

900

JOURNAL OF THE SENATE

HB 515. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Tift County, so as to authorize the board of commissioners of Tift County to fix the salary of the chairman of the board of commissioners of Tift County.

HB 517. By Representative Ray of the 98th.
A bill to amend an Act establishing a municipal court in and for the City of Fort Valley, Georgia, so as to change the provisions relating to penalties imposed by such court.

HB 526. By Representatives Wood, Jackson and Lawson of the 9th:
A bill to amend an Act entitled "An Act to amend the charter of the city of Gainesville, . . .and for other purposes," so as to change the jurisdiction of the Municipal Court of Gainesville.

HB 527. By Representatives Wood, Jackson and Lawson of the 9th:
A bill to amend an Act creating a new charter for the City of Oakwood, so as to increase the maximum fine which may be imposed by the Recorder's Court of the City of Oakwood.

HB 533. By Representatives Walker of the 85th, Cheeks of the 89th and Brown of the 88th:
A bill to amend an Act providing a charter for the City of Augusta, so as to abolish certain offices on the city council and change the manner of electing members thereof.

HB 81. By Representatives Cox of the 141st, Parham of the 105th, Bargeron of the 108th and others:
A bill to amend Code Section 40-8-92 of the Official Code of Georgia Anno tated, relating to designation of emergency vehicles and the use of flashing or revolving lights so as to provide that permits for emergency vehicles be longing to governmental agencies shall be valid for five years.

HB 129. By Representative Birdsong of the 104th:
A bill to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health of public school children, so as to provide for screening of public school children for scoliosis.

HB 134. By Representatives Smyre of the 92nd, Walker of the 115th and Evans of the 84th:
A bill to amend Code Section 50-5-69 of the Official Code of Georgia Anno tated, relating to purchases without competitive bidding, so as to change the dollar limit on certain purchases made by state departments, agencies, and instrumentalities without competitive bidding.

MONDAY, FEBRUARY 14, 1983

901

HB 179. By Representatives Jackson and Wood of the 9th:
A bill to amend Code Section 33-24-50 of the Official Code of Georgia An notated, relating to action as sureties upon guaranteed arrest bond certifi cates by insurance companies, fidelity insurance companies, or surety com panies to contract to become sureties on guaranteed arrest bond certificates issued by trucking clubs or associations.

HB 246. By Representatives Robinson of the 58th, Isakson of the 21st, Lambert of the 66th and others:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Anno tated, relating to specialized land transactions, so as to provide for the regu lation of time-share estates.

HB 347. By Representatives Buck of the 95th, Lambert of the 66th, Pinkston of the 100th and others:
A bill to amend Chapter 35 of Title 33 of the Official Code of Georgia Annotated, relating to prepaid legal services plans, so as to authorize insur ance companies authorized to transact life or accident and sickness insur ance in this state to write prepaid legal services plans.

HB 460. By Representatives Adams of the 36th, Murphy of the 18th, Connell of the 87th and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to delete Chapter 14 thereof, relating to electrical contractors, plumbers, and conditioned air contractors, and reenact a new Chapter 14, relating to electrical contractors, plumbers, and con ditioned air contractors.

The House has adopted by the requisite constitutional majority the following reso lution of the House:

HR 161. By Representatives Wilson, Darden and Thompson of the 20th and others:
A resolution relating to a continuing controversy between the City of Mari etta and Cobb County.

The following bills of the Senate were introduced, read the first time and referred to committees:

SB 250. By Senator Coverdell of the 40th:
A bill to amend Code Section 42-8-43.1 of the Official Code of Georgia Annotated, relating to certain county probation systems becoming a part of the state-wide probation system, so as to provide for additional matters rela tive to the probation system of a county having a population of 550,000 or

902

JOURNAL OF THE SENATE

more according to the United States decennial census of 1980 or any future such census becoming a part of the state-wide probation system.
Referred to Committee on Federal, State and Community Affairs.

SB 251. By Senators Greene of the 26th and Harris of the 27th:
A bill to amend Code Section 25-2-16 of the Official Code of Georgia Anno tated, relating to the regulation of hazardous substances, so as to specify and provide for the use of certain type nozzles and valves used in dispensing gasoline and diesel fuel at certain places of business.
Referred to Committee on Consumer Affairs.

SB 252. By Senators Phillips of the 9th and Peevy of the 48th:
A bill to amend an Act continuing and re-creating the State Court of Gwinnett County, as amended, so as to change the provisions relating to vacan cies in the office of judge of the State Court of Gwinnett County.
Referred to Committee on Federal, State and Community Affairs.

SB 253. By Senators Peevy of the 48th and Phillips of the 9th:
A bill to amend an Act to continue and re-create the State Court of Gwin nett County, as amended, so as to provide for an additional judge for the State Court of Gwinnett County.
Referred to Committee on Federal, State and Community Affairs.

SB 254. By Senators Kennedy of the 4th, Gillis of the 20th, Garner of the 30th and others:
A bill to amend Code Section 42-9-42 of the Official Code of Georgia Anno tated, relating to procedure for granting of clemency, pardon, or parole, so as to impose parole supervision fees on persons who are paroled; to provide for other matters related thereto.
Referred to Committee on Offender Rehabilitation.

SB 255. By Senators Gillis of the 20th, Bryant of the 3rd and Walker of the 19th:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, by adding immediately following Part 6 a new part to be designated Part 7, so as to create the Sapelo Island Heritage Authority; to provide a short title.
Referred to Committee on Natural Resources and Environmental Quality.

SB 256. By Senators Gillis of the 20th, Bryant of the 3rd and Walker of the 19th:
A bill to amend Code Section 12-5-134 of the Official Code of Georgia An notated, relating to termination of the State Water Well Standards Advi-

MONDAY, FEBRUARY 14, 1983

903

sory Council, so as to change the date for the termination of the council and for the repeal of laws relating thereto; to provide an effective date.
Referred to Committee on Natural Resources and Environmental Quality.

SB 257. By Senator Coggin of the 35th:
A bill to amend Article 4 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to personal jurisdiction over nonresidents, so as to provide that a court of this state may exercise personal jurisdiction over any nonresident in certain domestic relationship cases, including proceedings for alimony, child support, division of property, custody of the minor chil dren of the parties, or visitation rights.
Referred to Committee on Judiciary.

SB 258. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 31-19-4 of the Official Code of Georgia Anno tated, relating to persons bitten by an animal suspected of being rabid, so as to require persons bitten by an animal reasonably suspected of being rabid to notify the rabies control officer of a law enforcement agency.
Referred to Committee on Judiciary and Constitutional Law.

SB 259. By Senator Scott of the 43rd:
A bill to amend Code Section 33-24-28.1 of the Official Code of Georgia Annotated, relating to required accident and sickness insurance coverage of mental disorders, so as to change the nature of required coverage.
Referred to Committee on Insurance.

SB 260. By Senator Holloway of the 12th:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the size and weight of vehicles and loads, so as to authorize vehicles whose width does not exceed 102 inches on those highways designated by the department; to provide an effective date.
Referred to Committee on Transportation.

The following bills and resolution of the House were read the first time and re ferred to committees:

HB 81. By Representatives Cox of the 141st, Parham of the 105th, Bargeron of the 108th and others:
A bill to amend Code Section 40-8-92 of the Official Code of Georgia Anno tated, relating to designation of emergency vehicles and the use of flashing or revolving lights so as to provide that permits for emergency vehicles be longing to governmental agencies shall be valid for five years.
Referred to Committee on Transportation.

904

JOURNAL OF THE SENATE

HB 129. By Representative Birdsong of the 104th:
A bill to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health of public school children, so as to provide for screening of public school children for scoliosis.
Referred to Committee on Human Resources.

HB 134. By Representatives Smyre of the 92nd, Walker of the 115th and Evans of the 84th:
A bill to amend Code Section 50-5-69 of the Official Code of Georgia Anno tated, relating to purchases without competitive bidding, so as to change the dollar limit on certain purchases made by state departments, agencies, and instrumentalities without competitive bidding.
Referred to Committee on Governmental Operations.

HB 179. By Representatives Jackson and Wood of the 9th:
A bill to amend Code Section 33-24-50 of the Official Code of Georgia An notated, relating to action as sureties upon guaranteed arrest bond certifi cates by insurance companies, so as to authorize domestic or foreign insur ance companies, fidelity insurance companies, or surety companies to contract to become sureties on guaranteed arrest bond certificates issued by trucking clubs or associations.
Referred to Committee on Insurance.

HB 246. By Representatives Robinson of the 58th, Isakson of the 21st, Lambert of the 66th and others:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Anno tated, relating to specialized land transactions, so as to provide for the regu lation of time-share estates.
Referred to Committee on Economic Development and Tourism.

HB 347. By Representatives Buck of the 95th, Lambert of the 66th, Pinkston of the 100th and others:
A bill to amend Chapter 35 of Title 33 of the Official Code of Georgia Annotated, relating to prepaid legal services plans, so as to authorize insur ance companies authorized to transact life or accident and sickness insur ance in this state to write prepaid legal services plans.
Referred to Committee on Insurance.

HB 460. By Representatives Adams of the 36th, Murphy of the 18th, Connell of the 87th and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to delete Chapter 14 thereof, relating to electrical contractors, plumbers, and conditioned air contractors, and reen-

MONDAY, FEBRUARY 14, 1983

905

act a new Chapter 14, relating to electrical contractors, plumbers, and con ditioned air contractors.
Referred to Committee on Industry and Labor.

HB 479. By Representatives Lawson, Wood and Jackson of the 9th: A bill to create a new charter for the City of Lula.
Referred to Committee on Federal State and Community Affairs.

HB 514. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act placing the tax commissioner of Tift County upon an annual salary, so as to authorize the board of commissioners of Tift County to fix the salary of the tax commissioner of Tift County.
Referred to Committee on Federal, State and Community Affairs.

HB 515. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Tift County, so as to authorize the board of commissioners of Tift County to fix the salary of the chairman of the board of commissioners of Tift County.
Referred to Committee on Federal, State and Community Affairs.

HB 517. By Representative Ray of the 98th:
A bill to amend an Act establishing a municipal court in and for the City of Fort Valley, Georgia, so as to change the provisions relating to penalties imposed by such court.
Referred to Committee on Federal, State and Community Affairs.

HB 526. By Representatives Wood, Jackson and Lawson of the 9th:
A bill to amend an Act entitled "An Act to amend the charter of the City of Gainesville, . . .and for other purposes," so as to change the jurisdiction of the Municipal Court of Gainesville.
Referred to Committee on Federal, State and Community Affairs.

HB 527. By Representatives Wood, Jackson and Lawson of the 9th:
A bill to amend an Act creating a new charter for the City of Oakwood, so as to increase the maximum fine which may be imposed by the Recorder's Court of the City of Oakwood.
Referred to Committee on Federal, State and Community Affairs.

906

JOURNAL OF THE SENATE

HB 533. By Representatives Walker of the 85th, Cheeks of the 89th and Brown of the 88th:
A bill to amend an Act providing a charter for the City of Augusta, so as to abolish certain offices on the city council and change the manner of electing members thereof.
Referred to Committee on Federal, State and Community Affairs.

HR 161. By Representatives Wilson, Darden and Thompson of the 20th, and others:
A resolution relating to a continuing controversy between the City of Mari etta and Cobb County.
Referred to Committee on Federal, State and Community Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation 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 132. SB 210. SB 211. SB 219. SB 235. SB 238. HB 280.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

HB 364. HB 395. HB 415. HB 426. HB 452. HB 475.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Scott of the 43rd 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 43. Do pass as amended.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

MONDAY, FEBRUARY 14, 1983

907

The following bills and resolutions of the Senate and House were read the second time:

SB 193. By Senators Perry of the 7th and Cobb of the 28th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia An notated, relating to forfeitures, so as to provide that money and currency which is forfeited or which is realized from the sale or disposition of for feited property shall be expended or used to defray the cost of complex in vestigations, to purchase equipment; to provide technical assistance or exper tise; to provide matching funds to obtain federal grants.

SB 201. By Senator tester of the 23rd:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Authority Act," so as to change the membership of the authority.

SB 202. By Senator Barnes of the 33rd:
A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to the conduct of meetings of state and local govern ment departments, agencies and authorities, so as to completely revise and supersede said chapter; to provide an effective date.

SB 208. By Senator Peevy of the 48th:
A bill to provide that the governing authority of Gwinnett County shall de termine and establish the total annual compensation to be paid to the judge of the probate court, the clerk of the superior court, the sheriff, and the tax commissioner of Gwinnett County.

SB 215. By Senator Cobb of the 28th:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, known as "The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act," so as to change the definition of certain terms.

SB 218. By Senator Brannon of the 51st:
A bill to provide for minimum compensation for certain county officers of Gordon County; to provide for definitions; to provide for qualifications; to provide for other matters relative to the foregoing; to provide an effective date.

SB 220. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state debt, investment, and depositories, so as to

908

JOURNAL OF THE SENATE

change the requirement that at least one signature on public securities be manually subscribed.

SB 222. By Senator Howard of the 42nd:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to county and municipal corporations, so as to provide for additional requirements for the installation of grates on public roadways which are widened, repaired, or altered by counties or municipalities.

SB 231. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of public officers and employees, so as to require the Department of Human Resources to calculate and to make payment for personal services on the basis of 26 pay periods per year.

SR 49. By Senators Allgood of the 22nd and tester of the 23rd:
A resolution authorizing the placing of a portrait of Honorable Richard A. Dent in the State Capitol Building.

SR 78. By Senators Garner of the 30th and Barnes of the 33rd:
A resolution creating the Citizens Task Force to Study the Office of the Lieutenant Governor.

SR 90. By Senator Timmons of the 11th: A resolution concerning recent acts of violence against nonstriking truckers.

HB 128. By Representatives Beck of the 148th, Pinkston of the 100th, Ramsey of the 3rd and others:
A bill to amend Chapter 4 of Title 7 of the Official Code of Georgia Anno tated, relating to interest and usury, so as to provide for higher rates of interest under certain conditions; to provide for a maximum rate of interest on certain loans.

HB 130. By Representatives Walker of the 115th, Evans of the 84th, Smyre of the 92nd and Jackson of the 9th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide procedures and sanctions for violations of the offense of driving under the influence of alcohol or drugs.

MONDAY, FEBRUARY 14, 1983

909

HB 221. By Representatives Richardson of the 52nd, Colbert of the 23rd, Pinkston of the 100th and others:
A bill to amend Code Section 7-1-357 of the Official Code of Georgia Anno tated, relating to the payment by banks of deposits of deceased depositors, so as to authorize payment of funeral expenses from certain deposits.

HB 302. By Representatives Groover of the 99th, Birdsong of the 104th, Randall of the 101st and others:
A bill to amend an Act known as the "Macon-Bibb County Water and Sew erage Authority", so as to authorize the Macon-Bibb County Water and Sewerage Authority by ordinance or regulations to qualify for and authorize it to apply for and obtain a license or permit.

HB 333. By Representatives Hasty and Anderson of the 8th:
A bill to provide a new charter for the City of Jasper in the County of Pickens; to provide for the incorporation and power of said city.

HB 341. By Representative Carter of the 146th:
A bill to amend an Act creating a charter for the City of Adel, so as to provide for election districts.

HB 344. By Representatives Triplett of the 128th, Phillips of the 125th, Alien of the 127th and others:
A bill to amend an Act creating a new Charter for the Town of Pooler, so as to increase the membership of the Aldermanic Board.

HB 345. By Representatives Triplett of the 128th, Phillips of the 125th, Alien of the 127th and others:
A bill to amend an Act establishing a new charter for the municipality of Garden City, so as to extend the present corporate limits of said municipality.

HB 351. By Representatives Benefield, Bailey, Lee, Johnson and Holcomb of the 72nd:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to reapportion the commissioner districts.

HB 352. By Representative McDonald of the 12th:
A bill to amend an Act incorporating the City of Commerce, so as to pro vide for the administration of departments, offices, and agencies; to provide for a city manager.

910

JOURNAL OF THE SENATE

HB 389. By Representative Murphy of the 18th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia anno tated, relating to general provisions pertaining to the General Assembly, so as to provide the procedure for the advertisement of notices of intention to introduce local bills.

HR 90. By Representatives Martin of the 60th, Colbert of the 23rd, Coleman of the 118th and others:
A resolution to amend a resolution creating the State-wide Fire Protection Study Committee, so as to extend the date for recommendation by the com mittee; to change the date on which the committee shall stand abolished.

HR 142. By Representatives Martin of the 60th, Colbert of the 23rd, Hanner of the 131st and others:
A resolution supporting the recommendation of the State-wide Fire Protec tion Study Committee, the Georgia Association of Fire Chiefs, and the Georgia State Firemen's Association urging the appropriation of sufficient funds necessary to establish the National Professional Qualifications System for fire service personnel to be administered by the Georgia Firefighter Stan dards and Training Council.

HR 143. By Representatives Martin of the 60th, Colbert of the 23rd, Hanner of the 131st and others:
A resolution supporting the recommendation of the State-wide Fire Protec tion Study Committee, the Georgia Association of Fire Chiefs, and the Georgia State Firemen's Association urging the appropriation of sufficient funds dedicated to continue the operation of the state fire data system within the office of the state fire marshal.

HR 144. By Representatives Martin of the 60th, Colbert of the 23rd, Hanner of the 131st and others:
A resolution supporting the recommendation of the State-wide Fire Protec tion Study Committee, the Georgia Association of Fire Chiefs, and the Georgia State Firemen's Association urging the appropriation of sufficient funds for the operation of the Georgia Fire Academy and for the addition of one instructor to develop and implement courses of study and programs in volving public fire safety education.

The President called for the morning roll call, and the following Senators an swered to their names:

Allgood Barker Barnes Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th Bryant Burton Cobb

Coggin Coleman Coverdell Dawkins Deal Dean

MONDAY, FEBRUARY 14, 1983

911

English Engram Fincher Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton

Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy Perry

Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not answering were Senators Foster (excused) and Stumbaugh.

Senator Hill of the 29th introduced the chaplain of the day, Reverend Ron Wil son, pastor of Greenville Baptist Church, Greenville, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 107. By Senator Dawkins of the 45th:
A resolution commending Julian Murphy Brisendine and the members of VFW Post 5290.

Senator Starr of the 44th assumed the Chair at the direction of the President.

SENATE RULES CALENDAR

Monday, February 14, 1983

TWENTY-SEVENTH LEGISLATIVE DAY

HB 207
SB 204
SB 38 SB 121 SB 138
SB 145
SB 167

Supplementary Appropriations--fiscal year ending 6/30/83 (SUB STITUTE) (App--12th)
Protection of Metropolitan Rivers--define certain terms (AMEND MENTS) (NREQ--33rd)
Garnishment--not exceed amount shown on summons (J&CL--25th)
Health Policy Council--provide (SUBSTITUTE) (Hum R--26th)
Juvenile Proceedings--court jurisdiction over child over 17 (SUBSTI TUTE) (C&Y--49th)
Board of Registration for Used Motor Vehicle Dismantlers, Etc.--termination date (Gov Op--28th)
Mechanics' Liens--special liens on other property (AMENDMENT) (Judy--52nd)

912

JOURNAL OF THE SENATE

SB 176 SB 184 SB 188 SB 189 SB 190 SB 198 SB 224 SB 225 SR 77 SR 79 SR 88 SR 89 SB 23 SB 182

Evidence--use of interpreters by hearing impaired (SUBSTITUTE) (Judy--52nd)
Pharmacists's License--change qualifications (Hum R--42nd)
Podiatrists--change provisions on refusal, revocation of licenses (Hum R--25th)
Superior Court Clerks' Minimum Salaries--population provisions for determining (Gov Op--llth)
Hospital Regulation--emergency orders to relocate institutional pa tient (Hum R--42nd)
State Purchasing--define minority business enterprise and minority person (I&L--36th)
Animal Owners--conditions for liability for injuries (SUBSTITUTE) (J&CL--9th)
Consent for Surgery--person designated by patient may see records (Hum R--34th)
Workers' Compensation Task Force--create (l&L--19th)
George W. Thompson, Sr. Bridge--designate (Pub U--33rd)
Stop Drugs at the Source Petition--relative to (Hum R--25th)
Bartow County--conveyance of certain state owned real property (AMENDMENT) (Pub U--52nd)
Stolen Motor Vehicle--no storage fees when recovered (J&CL--43rd)
Superior Court Clerks--change minimum annual salaries (AMEND MENTS) (Gov Op--25th)

Respectfully submitted,
/s/ Dean of the 31st, Chairman Senate Rules Committee

The following general bills of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:

HB 207. By Representatives McDonald of the 12th, Burruss and Wilson of the 20th and others:
A bill to provide supplementary appropriations of the fiscal year ending June 30, 1983, in addition to any other appropriations heretofore or hereaf ter made for the operation of state government and the purposes provided for herein.
Senate Sponsor: Senator Holloway of the 12th.

MONDAY, FEBRUARY 14, 1983

913

The Senate Committee on Appropriations offered the following substitute to HB 207:

A BILL TO BE ENTITLED AN ACT
To provide supplementary appropriations for the fiscal year ending June 30, 1983, in addition to any other appropriations heretofore or hereaf ter made for the operation of state government and the purposes provided for herein; to confer certain responsibilities upon the Office of Planning and Budget; to provide an effective 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 fiscal year beginning July 1, 1982, and ending June 30, 1983, as prescribed hereinafter for such fiscal year, and are in addition to any other appropria tions heretofore or hereafter made for the operation of State government.
JUDICIAL BRANCH

Section 1. Supreme Court. Budget Unit: Supreme Court

25,400

Section 2. Superior Courts. Budget Unit: Superior Courts

Section 3. Court of Appeals. Budget Unit: Court of Appeals.

19,000

Section 4. Appellate Court Reports Budget Unit: Court Reports ....

26,000

EXECUTIVE BRANCH

Section 5. Department of Administrative Services.
A. Budget Unit: Department of Administrative Services ................. $
1. Departmental Administrative Budget:
Personal Services ......................... $ Telecommunications ...................... $

2,105,965
16,400 5,500

914

JOURNAL OF THE SENATE

Direct Payments to Georgia Building Authority for Operations ............................ $
Total Funds Budgeted .................... $ State Funds Budgeted .................... $
2. Treasury and Fiscal Administrative Budget:
Computer Charges ....................... $ Telecommunications ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
3. Procurement Administration Budget:
Publications and Printing ................. $ Telecommunications ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
4. Space Management Administration Budget:
Travel ..................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

1,800,000 1,821,900 1,821,900
264,765 7,500
272,265 272,265
3,000 6,500 9,500 9,500
2,300 2,300 2,300

The Department of Administrative Services is au thorized to purchase a third chiller for the computer center from budgeted fees charged to user agencies through billings.
B. Budget Unit: Georgia Building Authority ............................. $
Georgia Building Authority Budget:
Regular Operating Expenses ............... $ Utilities................................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

--0--
1,120,000 680,000
1,800,000

The Georgia Building Authority is authorized to ap ply an amount not to exceed $65,000 of Authority Lease Rental appropriation for operating expenses. It is the in tent of this General Assembly that the rates charged to State employees for parking in the Capitol Hill area not be increased.

MONDAY, FEBRUARY 14, 1983
Section 6. Department of Agriculture.
A. Budget Unit: Department of Agriculture...................
1. Internal Administration Budget:
Computer Charges .............. Total Funds Budgeted ........... State Funds Budgeted ...........
2. Information and Education Budget:
Publications and Printing......... Total Funds Budgeted ........... State Funds Budgeted ...........
3. Marketing Budget:
Capital Outlay.................. Total Funds Budgeted ........... State Funds Budgeted ...........
Provided that the Athens and Tifton Veterinary Laboratories are authorized to charge reasonable testing fees only for export swine and cattle.
Section 7. Department of Community Affairs.
A. Budget Unit: Department of Community Affairs ..................
Community and Economic Development Budget:
Appalachian Regional Commission Assessment.........................
Total Funds Budgeted ................. State Funds Budgeted .................
Section 8. Office of Comptroller General.
Budget Unit: Office of Comptroller General.........................
1. Internal Administration Budget:
Equipment Purchases ............... Total Funds Budgeted .............. State Funds Budgeted ..............

915
89,532
20,000 20,000 20,000
44,532 44,532 44,532
25,000 25,000 25,000
44,668
44,668 44,668 44,668
7,410
7,410 7,410 7,410

916

JOURNAL OF THE SENATE

Section 9. Department of Defense.
Budget Unit: Department of Defense........ $
Georgia Army National Guard Budget:
Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

74,237
296,958 296,958 74,237

Section 10. State Board of Education--Department of Education.

A. Budget Unit: Department of Education ............................. $ 13,327,417

1. Administrative Services Budget:

Regular Operating Expenses ............... $ Computer Charges ....................... $
Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

19,000 17,000
6,500 42,500 6,500

2. Professional Standards Commission Budget:

Real Estate Rentals ...................... $

1,197

Total Funds Budgeted .................... $

1,197

State Funds Budgeted .................... $

1,197

3. Professional Practices Commission Budget:

Personal Services......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

6,000 6,000 6,000

4. Local Programs Budget:

APEG Grants:

Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) (Code Section 20-2-157(a)).......
Salaries of Instructional Personnel (Sec. 7) (Code Section 20-2-153) ........
Salaries of Administrative and Supervisory Personnel (Sec. 2la) (Code Section 20-2-181) ........
Instructional Media.........

7,082,650 1,051,720
.. $ 771,270 .. $ 208,800

MONDAY, FEBRUARY 14, 1983

917

Maintenance and Operation. ............. $ Sick and Persona! Leave ................ $
Non-APEG Grants:
Teacher Retirement .................... $ High School Program ................... $ Quick Start Program ................... $ Instructional Aides ..................... $ Teacher Health Insurance ............... $ Child Care Lunch
Program (Federal) ................... $ Special Project Grant ................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
B. Budget Unit: Institutions .................. $
1. Georgia Academy for the Blind Budget:
Utilities....... .......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
2. Georgia School for the Deaf Budget:
Utilities. ................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
3. Atlanta Area School for the Deaf Budget:
Per Diem, Fees and Contracts ............. $ Utilities................................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
4. North Georgia Vocational-Technical School Budget:
Capital Outlay........................... $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
5. South Georgia Vocational-Technical School Budget:
Regular Operating Expenses ............... $ Utilities.. ...............................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

1,028,700 58,000
1,770,075 25,000 338,720 740,710 238,075
1,000,000 59,500
14,373,220 13,313,720
207,000
10,000 10,000 10,000
17,500 17,500 17,500
20,000 2,500 22,500 2,500
180,000 84,000 264,000 120,000
16,000 41,000 57,000 57,000

The Department is authorized and directed to utilize $53,000 of available funds in Budget Unit "A" for the

918

JOURNAL OF THE SENATE

purpose of paying Personal Services at the Atlanta Area School for the Deaf.

Section 11. Forestry Commission.
Budget Unit: Forestry Commission.......... $
1. General Administration and Support Budget:
Payments to the University of Georgia, School of Forestry for Forest Research ............................ $
Total Funds Budgeted .................... $ State Funds Budgeted .................... $

75,000
75,000 75,000 75,000

Section 12. Georgia Bureau of Investigation.
Budget Unit: Georgia Bureau of Investigation........................... $
1. Investigative Division Budget:
Personal Services ......................... $ Total Funds Budgeted ................... $ State Funds Budgeted .................... $ Total Positions Budgeted
2. Forensic Sciences Division Budget:
Personal Services ......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
3. Georgia Crime Information Center Budget:
Telecommunications .................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................. $

69,000
20,000 20,000 20,000
3
9,000 9,000 9,000
40,000 40,000 40,000

Section 13. Office of the Governor.
A. Budget Unit: Governor's Office ............ $
1. Governor's Office Budget:
Cost of Operations ...................... $ Governor's Emergency Fund ............... $ Total Funds Budgeted .................... $ State Funds Budgeted ................... $
B. Budget Unit: Office of Planning and Budget........................... $

1,025,000
25,000 1,000,000 1,025,000 1,025,000
78,365

MONDAY, FEBRUARY 14, 1983
1. Council of the Arts Budget:
Art Grants-State Funds ................... $ Real Estate Rentals ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
2. Office of Consumer Affairs:
Personal Services ......................... $ Total Funds Budgeted ....................$ State Funds Budgeted .................... $
3. State Energy Office Budget:
Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

919
50,000 16,500 66,500 66,500
11,865 11,865 11,865
51,000 51,000 ---0--

Section 14. Department of Human Resources.
A. Budget Unit: Departmental Operations ............................ $
1. General Administration and Support Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Telecommunications ...................... $ Postage .................................$ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
2. Special Programs Budget:
Regular Operating Expenses ............... $ Travel ..................................$ Real Estate Rentals ...................... $ Telecommunications ...................... $ Postage .................................$ Menninger Group Homes. ................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
3. Public Health--Local Services Budget:
Real Estate Rentals ...................... $ Telecommunications ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

2,216,703
129,000 14,068 53,094 47,000 2,000 245,162 151,757
7,225 1,660 4,800 2,032 29,283 18,000 63,000 63,000
6,666 38,310 44,976 44,976

920

JOURNAL OF THE SENATE

4. Rehabilitation Services--Program Direction and Support Budget:
Computer Charges ....................... $ Telecommunications ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
5. Rehabilitation Services--Facilities Budget:
Telecommununications .................... $ Utilities................................. $ Total Funds Budgeted .................... $ State Funds Budgeted ................... $
6. Public Assistance Budget:
AFDC Benefits .......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
7. Local Services--Community Services and Benefits Payments Budget:
Local Services Benefits Payments Grants .... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
8. Family and Children Services-- Program Direction and Support Budget:
Publications and Printing.................. $ Equipment .............................. $ Computer Charges ....................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
9. Public Health--Family Health Budget:
Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
10. Roosevelt Warm Springs Rehabilitation Institute Budget:
Personal Services .........................$ Total Funds Budgeted ....................$ State Funds Budgeted ....................$

84,000 17,500 101,500 101,500
7,500 14,280 21,780 21,780
2,372,480 2,372,480
800,000
246,000 246,000 123,000
269,562 13,000
1,260,456 1,543,018
873,590
37,000 37,000 37,000
100 100 100

Provided that the Department is authorized to create a new object class entitled Crippled Children's Clinics, and to transfer thereto an amount not to exceed $175,000 from the object class Crippled Children Benefits, together

MONDAY, FEBRUARY 14, 1983

921

with an amount of State funds presently being applied to clinic operation but classified as Per Diem, Fees and Con tracts.
C. Budget Unit: Community Mental Health/ Mental Retardation, Youth Services and Institutions ............................ $
1. Georgia Regional Hospital at Augusta Budget:
Telecommunications ...................... $ Utilities .................................$ Total Funds Budgeted ....................$ State Funds Budgeted .................... $
2. Georgia Regional Hospital at Atlanta Budget:
Telecommunications ..................... $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
3. Georgia Regional Hospital at Savannah Budget:
Telecommunications ...................... $ Total Funds Budgeted ................... $ State Funds Budgeted ................... $
4. West Central Georgia Regional Hospital Budget:
Regular Operating Expenses ............... $ Telecommunications ...................... $ Utilities .................................$ Total Funds Budgeted ................... $ State Funds Budgeted ................... $
5. Northwest Georgia Regional Hospital at Rome Budget:
Telecommunications ...................... $ Total Funds Budgeted ................... $ State Funds Budgeted .................... $
6. Gracewood State School and Hospital Budget:
Telecommunications ...................... $ Utilities .................................$ Total Funds Budgeted ...................$ State Funds Budgeted ...................$
7. Southwestern State Hospital Budget:
Telecommunications ...................... $ Utilities.. ...............................$

2,227,369
6,000 9,900 15,900 15,900
10,800 54,300 65,100 65,100
3,500 3,500 3,500
3,087 16,000 35,975 55,062 55,062
3,500 3,500 3,500
14,735 100,168 114,903 114,903
8,000 41,000

922

JOURNAL OF THE SENATE

Total Funds Budgeted .................... $ State Funds Budgeted .................... $
8. Georgia Retardation Center Budget:
Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities................................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
9. Central State Hospital Budget:
Regular Operating Expenses ............... $ Utilities................................. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... S
10. State Youth Development Centers Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Equipment Purchases ..................... $ Telecommunications ...................... $ Utilities .................................$ Capital Outlay............................ $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
11. Regional Youth Development Centers Budget:
Telecommunications ...................... $ Utilities .................................$ Postage ................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
12. Community Mental Health-- Mental Retardation Services Budget:
Supportive Living Benefits ................. $ Community Mental Retardation
Residential Services .................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
13. Community Youth Services Budget:
Telecommunications ...................... S Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

49,000 49,000
10,000 6,400 19,500 35,900 35,900
284,750 617,974 135,000 1,037,724 1,079,228
78,142 38,318 24,040 9,500 85,000 99,505 334,505 334,505
11
3,500 30,000 2,000 35,500 35,500
152,787
117,184 269,971 269,971
13,000 2,300 15,300 15,300

MONDAY, FEBRUARY 14, 1983

923

14. Medicaid and Medicare Certification Reserve Budget:
Personal Services ......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

150,000 150,000 150,000

Section 15. Department of Industry and Trade.
A. Budget Unit: Department of Industry and Trade............................. $
1. Industry Budget:
Personal Services ......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
2. Tourism--Promotional Budget:
Personal Services ......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
3. Internal Administration Budget:
Georgia Semiquincentenary Commission ........................... $
Total Funds Budgeted ................... $ State Funds Budgeted .................... $

42,374
11,174 11,174 11,174
1
6,200 6,200 6,200
1
25,000 25,000 25,000

Section 16. Department of Labor.
A. Budget Unit: Inspection Division ........... $
Inspection Division Budget:
Regular Operating Expenses ............... $ Travel ..............................$ Real Estate Rentals ......................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training ............... $
1. Basic Employment Security and W.I.N. Budget:
Personal Services ......................... $ Total Funds Budgeted .................... $

30,426
3,046 27,000
380 30,426 30,426
104,026
1,040,260 1,040,260

924

JOURNAL OF THE SENATE

State Funds Budgeted .................... $ 104,026

Section 17. Department of Law.
Budget Unit: Department of Law........... $
Attorney General's Office Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

45,000
15,000 30,000 45,000 45,000

Section 18. Department of Medical Assistance.

Budget Unit: Medicaid Services ............ $ 13,847,777

1. Commissioner's Office Budget:

Per Diem, Fees and Contracts ......... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

20,000 20,000 10,000

2. Administration Budget:

Per Diem, Fees and Contracts ............. $ Audit Contracts.......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

10,000 75,000 85,000 61,250

3. Program Management Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

55,161 500
2,000 57,661 17,298
5

4. Operations Budget:

Computer Charges ....................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

470,000 44,000 514,000 477,250

5. Benefits Payments Budget:

Medicaid Benefits ........................ $ Payments to Counties
for Mental Health...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

34,789,560
1,237,030 36,026,590 13,281,979

MONDAY, FEBRUARY 14, 1983

925

Section 19. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration......................... $
Agency Assessments ...................... $
1. Applicant Services Budget:
Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ Agency Assessments ...................... $
2. Employee Training and Development Budget:
Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ Agency Assessments ...................... $
3. Health Insurance Administration Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Equipment Purchases ..................... $ Computer Charges ....................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. ^ Postage .................................$ Total Funds Budgeted .................... $ Employer and Employee Contributions ...... $ State Funds Budgeted .................... $ Total Positions Budgeted
4. Health Insurance Claims Budget:
Per Diem, Fees and Contracts ............. $ Health Insurance Claims .................. $ Total Funds Budgeted .................... $ Employer and Employee
Contributions .......................... $
5. Internal Administration Budget:
Computer Charges ....................... $ Total Funds Budgeted .................... $ Agency Assessments ...................... $
6. Commissioner's Office Budget:
Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ Agency Assessments ...................... $

106,000 106,444
16,844 20,000 36,844 36,844
50,000 50,000 50,000
56,283 497
1,000 17,700 76,844 1,360 29,160 6,600 189,444 83,444 106,000
6
661,935 4,330,000 4,991,935
4,991,935
9,600 9,600 9,600
10,000 10,000 10,000

926

JOURNAL OF THE SENATE

Section 20. Department of Natural Resources.
A. Budget Unit: Department of Natural Resources...................... $
1. Parks, Recreation and Historic Sites Budget:
Recreation Grants ........................ $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

28,000
28,000 28,000 28,000

Section 21. Department of Offender Rehabilitation.
A. Budget Unit: Department of Offender Rehabilitation ......................... $
1. General Administration and Support Budget:
Computer Charges ....................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
2. Georgia Diagnostic and Classification Center Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
3. Consolidated Branches Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
4. Middle Georgia Correctional Institution Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Utilities .................................$ Capital Outlay........................... $ Payments to Central State
Hospital for Utilities.................... $ Total Funds Budgeted ................... $ State Funds Budgeted .................... $ Total Positions Budgeted

6,915,602
84,000 84,000 84,000
405,144 10,560 63,750
479,454 479,454
102
621,215 18,498 80,000
719,713 719,713
67
530,677 15,170 39,600 2,000
9,500 596,947 596,947
55

MONDAY, FEBRUARY 14, 1983

927

5. Jack T. Rutledge Correctional Institution Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
6. Adult Facilities and Programs Budget:
Regular Operating Expenses ............... $ Equipment Purchases ..................... $ Real Estate Rentals ..................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Court Costs ............................. $ Inmate Release Funds .................... $ County Subsidy .......................... $ Grants for County Workcamp
Construction........................... $ Revolving Fund for County Workcamp
Construction........................... $ Central Repair Fund ..................... $ County Subsidy for Jails ................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
7. Training and Staff Development Center Budget:
Regular Operating Expenses ............... $ Travel ..................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
8. Food Processing and Distribution Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Payment of Central State
Hospital for Meals ..................... $ Total Funds Budgeted .................... $ State Funds Budgeted ................... $ Total Positions Budgeted
9. Farm Operations Budget:
Regular Operating Expenses ............... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

150,855 4,598 7,500
162,953 162,953
17
484,198 382,011 109,000 45,000 200,000 350,000 220,000 280,000 232,688
42,500
--0-- 50,000 50,000 2,445,397 2,445,397
45,044 11,956 57,000 57,000
66,292 170,750
316,417 553,459 553,459
7
335,000 335,000 335,000

928

JOURNAL OF THE SENATE

10. Dodge Correctional Institution Budget:
Personal Services ......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
11. Health Care Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Payments to the Medical Association
of Georgia for Jail and Prison Health Care Certification................ $ Health Service Purchases.................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
12. Georgia State Prison Budget:
Motor Vehicle Equipment Purchases ........ $ Total Funds Budgeted .................. $ State Funds Budgeted .................... $

741,000 741,000 741,000
94,324 33,000
22,000 443,355 592,679 592,679
8
148,000 148,000 148,000

Employees in the classes of Correctional Officer I and II, Correctional Sergeant, Correctional Lieutenant, and Correctional Captain who work in and provide direct supervision and control of inmates housed in a Special Management Unit so designated by the Commissioner of Offender Rehabilitation may be paid a salary supplement for hours worked in a Special Management Unit at a rate not to exceed $100 per month.
B. Budget Unit: Board of Pardons and Paroles .......................
Board of Pardons and Paroles Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Publications and Printing.................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ County Jail Subsidy ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
D. Budget Unit: Probation Division Operations ............................ $

562,000
333,534 51,583
28,134 1,500
73,744 8,500 15,063 34,942 15,000 562,000 562,000
52
426,885

MONDAY, FEBRUARY 14, 1983
1. Probation Operations Budget:
Personal Services ......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
2. Diversion Centers Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Equipment Purchases ..................... $ Telecommunications ...................... $ Utilities. ................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
Section 22. Department of Public Safety.
Budget Unit: Department of Public Safety ................................$
1. Driver Services Budget:
Telecommunications ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
2. Field Operations Budget:
Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
3. Police Academy:
Telecommunications ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Section 23. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction and University System Institutions ...........
1. Resident Instruction Budget:
Operating Expenses: Educ., Gen., and Dept. Svcs..
Teachers' Retirement .........

929
116,131 116,131 116,131
222,000 38,864
1,500 69,390 4,000 10,000 345,754 310,754
26
194,688
22,250 22,250 22,250
107,750 60,920 168,670 168,670
3,768 3,768 3,768
629,096
500,000 129,096

930

JOURNAL OF THE SENATE

Total Funds Budgeted .................... $ State Funds Budgeted .................... $
B. Budget Unit: Regents Central Office ........ $
Grants to Junior Colleges ................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Section 24. Department of Revenue
Budget Unit: Department of Revenue ....... $
1. Departmental Administration Budget:
County Tax Officials/Retirement and PICA.. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
2. Field Audit Services Budget:
Regular Operating Expenses ............... $ Publications and Printing .................. $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
3. Internal Administration Budget:
Real Estate Rentals ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Section 25. Secretary of State.
A. Budget Unit: Secretary of State ............ $
1. Occupational Certification Budget:
Personal Services ......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
2. General Services Budget:
Publications and Printing .................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
3. Internal Administration Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $

629,096 629,096 502,040 502,040 502,040 502,040
328,654
161,000 161,000 161,000
6,875 1,000 1,168 95,682 32,909 137,634 137,634
30,020 30,020 30,020
306,388
28,623 28,623 28,623
27,300 27,300 27,300
40,465 10,000

MONDAY, FEBRUARY 14, 1983
Total Funds Budgeted .................... $ State Funds Budgeted .................... $
4. Elections and Campaign Disclosure Budget:
Election Expenses ........................ $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Section 26. Georgia Student Finance Commission.
Budget Unit: Georgia Student Finance Commission .................... $
1. Internal Administration Budget:
Regular Operating Expenses ...............$ Travel ..................................$ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
2. Georgia Student Finance Authority Budget:
Law Enforcement Personnel Dependents' Grants..................... $
Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Section 27. Soil and Water Conservation Committee.
Budget Unit: Soil and Water Conservation Committee .............
1. Soil and Water Conservation Dam Safety Budget:
Computer Charges .................... Telecommunications ................... Total Funds Budgeted ................. State Funds Budgeted .................
Section 28. Workers' Compensation Board.
Budget Unit: Workers' Compensation Board ................................$
1. Workers' Compensation Administrative Budget:
Personal Services ......................... $

931 50,465 50,465
200,000 200,000 200,000
3,000
119,999 2,300 8,529 46,740
177,568 --0--
3,000 3,000 3,000
4,000
2,500 1,500 4,000 4,000
46,965
26,965

932

JOURNAL OF THE SENATE

Computer Charges ....................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

20,000 46,965 46,965

Section 29. State of Georgia General Obligation Debt Sinking Fund.
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New).......

6,270,368

Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $390,000 is specifically appropriated for the pur pose of financing the renovation of buildings at the Uni versity of Georgia under the control of the State Board of Regents of the University System through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,194,400 is specifically appropriated for the pur pose of financing the construction of Area VocationalTechnical Schools at Valdosta and Columbus through the issuance of not more than $8,440,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $3,685,968 is specifically appropriated for the pur pose of financing the expansion of facilities under the control of the Georgia Ports Authority through the issu ance of not more than $ 14,200,000 in principal amount of General Obligation Debt.
Section 30. There is hereby appropriated $333,000 for the purpose of increasing the State of Georgia em ployer's contribution for health insurance from 6.5% to 7.7% to be effective June 16, 1983.
Section 31. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Section of this Act shall be in excess of the ac tual approved budget allotments for the fiscal year, the amounts so in excess as determined by the Office of Plan ning and Budget shall cease to be an obligation of the state.

MONDAY, FEBRUARY 14, 1983
Section 32. TOTAL SUPPLEMENTARY APPRO PRIATION State F.Y. 1983...................... $

933 52,344,355

Section 33. This Act shall become effective upon its approval by the Governor or upon its becoming law with out his approval.
Section 34. All laws and parts of laws in conflict with this Act are repealed.
Senator Stumbaugh of the 55th offered the following amendment:
Amend the substitute to HB 207 offered by the Senate Committee on Appropriations by adding the following language after line 30, Page 11:
"Provided however, the Department of Human Resources is author ized and directed to make $289,582 available for the operation of the Bobby Dodd Workshop."
On the adoption of the amendment, the yeas were 9, nays 29, and the amendment was lost.
Senator Bond of the 39th offered the following amendment:
Amend the substitute to HB 207 offered by the Senate Committee on Appropriations by the State funds budgeted for the Department of Adminis trative Services Budget Unit on Page 2, line 5 in Section 5 the figure $500,000. And by (Decreasing) the object classes for the Departmental Ad ministrative Activity as listed below:
Page 2, line 11, Authority for Operations $500,000; page 2, line 12, Total Funds Budgeted $500,000; page 2, line 13, State Funds Budgeted $500,000; and adding to the State funds budgeted for the Department of Human Resources Budget Unit on Page 9, line 14 in Section 14-A the figure $500,000. And by adding, object classes for the Public Health-Family Health Activity as listed below:
Page 11, lines 16-17, Sickle Cell Screening and Treatment Program $500,000; page 11, line 18, Total Funds Budgeted $500,000; page 11, line 19, State Funds Budgeted $500,000.
On adoption of the amendment, the yeas were 7, nays 33, and the amendment was lost.
The President resumed the Chair.
On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.

934

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Fincher Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Burton Engram

Foster (excused)

Garner

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 204. By Senators Barnes of the 33rd, Gillis of the 20th, Dean of the 31st and others:
A bill to amend Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the protection of metropolitan riv ers, so as to define certain terms.

The Senate Committee on Natural Resources and Environmental Quality offered the following amendment:
Amend SB 204 by striking on Page 20, line 20 the following:

MONDAY, FEBRUARY 14, 1983

935

"or";

and
By striking on Page 22, line 2 the following: "determination.",
and inserting in lieu thereof the following:
"determination; or"; and
By adding on Page 22 between lines 2 and 3 the following: "(5) Any land or water use or land-disturbing activity which is un
dertaken or financed, in whole or in part, by the Department of Trans portation of the State of Georgia."

On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted.

The Senate Committee on Natural Resources and Environmental Quality offered the following amendment:
Amend SB 204 by striking all of line 31 through line 34 of Page 20 and all of line 1 through line 13 of Page 21 and inserting in lieu thereof the following:
"(ii) Which is to be located on land which, on March 1, 1983, is zoned for such use and where expenditures in excess of $2,500.00 have been made in preparation for construction in accordance with such zon ing; however, prior to March 1, 1984, construction of such land-dis turbing activity must have actually commenced and expenditures must have been made in connection with such construction in exess of 10 per cent of the estimated cost of the total projected land-disturbing activity, exclusive of the cost of the land, or in excess of $100,000.00, exclusive of the cost of the land, whichever is less; otherwise a certificate for the pro ject must be obtained pursuant to this part."

On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.

Senator Peevy of the 48th offered the following amendment:
Amend SB 204 by striking from line 27 through line 34 of Page 29 and from line 1 through line 5 of Page 30 the following:
"(e) If, pursuant to this Code section, the director determines that the public interest requires initiation of an enforcement action by the director and if the director, after initiation of such enforcement action,

936

JOURNAL OF THE SENATE

secures cessation of the unauthorized activity or achieves the imposition
of a civil penalty and the restoration of the land or is otherwise successful in correcting or penalizing the violation of this part, whether by formal legal action or by settlement, the governing authority within whose juris diction such violation occurred shall be liable to the state for the costs incurred by the state in such enforcement action, including the reasona
ble cost of attorneys' services."

On the adoption of the amendment, the yeas were 10, nays 36, and the amend ment was lost.

Senator Barnes of the 33rd offered the following amendment:
Amend SB 204 by striking on Page 13, line 25, the word "a";
and
By striking on Page IS, line 19, the word "or" and inserting in lieu thereof the word "of.

On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood
Barker Barnes Bond
Bowen Brannon
Brantley
Broun of 46th Brown of 47th Bryant
Burton
Cobb Coggin
Coleman
Coverdell Dawkins Deal

Dean
English Engram Fincher
Garner Gillis
Greene
Harris Harrison Hill
Hine
Holloway Horton
Howard
Hudgins Huggins Kennedy

Kidd
Land Lester Littlefield
McGill McKenzie
Peevy
Perry Phillips Scott of 2nd
Scott of 36th
Scott of 43rd Starr
Stumbaugh
Tate Thompson Timmons

MONDAY, FEBRUARY 14, 1983

937

Trulock Turner

Tysinger

Not voting was Senator Foster (excused).

Walker

On the passage of the bill, the yeas were 55, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 474. By Representatives Murphy of the 18th, Walker of the 115th, Smyre of the 92nd and Evans of the 84th:
A bill to amend Code Section 45-12-93 of the Official Code of Georgia An notated, relating to the revenue shortfall reserve and midyear adjustment reserve, so as to authorize the General Assembly of Georgia to appropriate $5 million for State Fiscal year 1983 from the revenue shortfall reserve.
The House has agreed to the Senate substitute to the following bill of the House:

HB 311. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to amend an Act creating the office of tax commissioner of Jefferson County, so as to provide a salary for the tax commissioner which shall be in lieu of all other compensation.
Senator Starr of the 44th moved that the following bill of the House be immedi ately transmitted to the House.

HB 207. By Representatives McDonald of the 12th, Burruss and Wilson of the 20th and others:
A bill to provide supplementary appropriations for the fiscal year ending June 30, 1983, in addition to any other appropriations heretofore or hereaf ter made for the operation of state government and the purposes provided for herein.

938

JOURNAL OF THE SENATE

On the motion, the yeas were 39, nays 0; the motion prevailed, and HB 207 was immediately transmitted to the House.

The following general bill of the Senate, having been favorably reported by the committee, was read the third time and put upon its passage:

SB 38. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 18 of the Official Code of Georgia Anno tated, relating to garnishment proceedings, so as to provide that the amount subject to garnishment shall not exceed the amount owed which shall be shown on the summons; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal Dean English

Engram Garner Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Land Lester Littiefield McGill

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Coverdell

Fincher Foster (excused)

Gillis Hudgins

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 14, 1983

939

The following bill of the House was read the first time and referred to committee:

HB 474. By Representatives Murphy of the 18th, Walker of the 115th, Smyre of the 92nd and Evans of the 84th:
A bill to amend Code Section 45-12-93 of the Official Code of Georgia An notated, relating to the revenue shortfall reserve and midyear adjustment reserve, so as to authorize the General Assembly of Georgia to appropriate $5 million for State Fiscal Year 1983 from the revenue shortfall reserve.
Referred to Committee on Appropriations.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 138. By Senator Deal of the 49th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for juvenile court jurisdiction over certain children over the age of 17 years.

The Senate Committee on Children and Youth offered the following substitute to SB 138:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, so as to provide for juvenile court jurisdiction over certain children over the age of 17 years; to change certain definitions; to provide that the juvenile court shall not have authority to cause the act of a status offender which causes such status offender to be in violation of his terms of probation to be considered a delinquent act unless such act in and of itself is a delinquent act; to provide that the juvenile court shall not have authority to treat a status offender who is in violation of his terms of probation as a delinquent child unless the offender committed a delinquent act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, is amended by striking in its entirety paragraph (2) of Code Section 15-11-2, which reads as follows:
"(2) 'Child' means any individual who is:
(A) Under the age of 17 years;
(B) Under the age of 21 years, who committed an act of delin quency before reaching the age of 17 years, and who has been placed under the supervision of the court or on probation to the court; or

940

JOURNAL OF THE SENATE

(C) Under the age of 18 years, if alleged to be a 'deprived child' as defined by this chapter.", and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Child' means any individual who is:
(A) Under the age of 17 years if alleged to be a delinquent child;
(B) Under the age of 18 years if alleged to be a deprived or unruly child; or
(C) Under the age of 21 years and who has been placed under the supervision of the court or on probation to the court for either any act as a delinquent child and committed before reaching the age of 17 years or any act as an unruly child and committed before reaching the age of 18 years."
Section 2. Said chapter is further amended by striking in its entirety subparagraph (a)(l)(F) of Code Section 15-11-5, which reads as follows:
"(F) Who has been placed under the supervision of the court or on probation to the court; provided, however, that such jurisdiction shall be for the sole purpose of completing, effectuating, and enforcing such su pervision or a probation begun prior to the individual's seventeenth birthday.",
and inserting in its place a new subparagraph (F) to read as follows:
"(F) Who has been placed under the supervision of the court or on probation to the court for either any act as a delinquent child and com mitted before reaching the age of 17 years or any act as an unruly child and committed before reaching the age of 18 years; provided, however, that such jurisdiction shall be for the sole purpose of completing, effectu ating, and enforcing that supervision or probation."
Section 3. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 15-11-5, which reads as follows:
"(d) The juvenile court shall not have jurisdiction to initiate any new action against an individual for acts committed after he has reached the age of 17 years. This subsection does not affect the court's jurisdic tion to enter extension orders pursuant to Code Section 15-11-41.",
and inserting in its place a new subsection (d) to read as follows:
"(d) The juvenile court shall not have jurisdiction to initiate any new action against an individual:
(1) As a deprived child after the individual reaches the age of 18 years;
(2) For acts as a delinquent child committed after the individual reaches the age of 17 years; or
(3) For acts as an unruly child committed after the individual reaches the age of 18 years. This subsection does not affect the court's

MONDAY, FEBRUARY 14, 1983

941

j4u1r.i"sdiction to enter extension orders pursuant to Code Section 15-11-
Section 4. Said chapter is further amended by adding at the end of Code Section 15-11-5, relating to jurisdiction of juvenile court, a new sub section, to be designated subsection (e), to read as follows:
"(e) The juvenile court shall not have authority to cause the act of a status offender which causes such status offender to be in violation of his terms of probation to be considered a delinquent act unless such act is and of itself is a delinquent act. The juvenile court shall not have author ity to treat a status offender who is in violation of his terms of probation as a delinquent child unless the offender committed a delinquent act."
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.

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:

Barker Barnes Bond Bowen Broun of 46th Brown of 47th
B/yant Cobb Coggin Coleman Dawkins Deal Dean English Engram

Fincher Garner Gillis Harris Hill Hjne
Holloway Horton Hudgins Huggms Kennedy Kidd Land Littlefield McGill

Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd
Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative were Senators Allgood and Lester.

942

JOURNAL OF THE SENATE

Those not voting were Senators:

Brannon Brantley Coverdell

Foster (excused) Greene Harrison

Howard McKenzie

On the passage of the bill, the yeas were 46, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 145. By Senator Cobb of the 28th:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle parts dealers, dismantles, and rebuilders and salvage dealers, so as to change the termination date of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuild ers, and Salvage Dealers and the date of repeal of laws relating to such board.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes
Bond Bowen Broun of 46th
Brown of 47th
BurS 0blj Co in Coleman Dawkins Deal Dean English Engram

Fincher Garner Gillis
Harris Hill Hine
Holloway
Horton Howard Hudgins Huggms Kennedy Kidd Land Lester Littlefield

McGill Peevy Perry
Phillips Scott of 2nd Scott of 36th
Scott of 43rd
Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

MONDAY, FEBRUARY 14, 1983

943

Those not voting were Senators:

Brannon Brantley Coverdell

Foster (excused) Greene

Harrison McKenzie

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 167. By Senator Hine of the 52nd:
A bill to amend Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty generally, so as to provide that under certain circumstances liens on certain property shall be created.

Senator Hine of the 52nd offered the following amendment:
Amend SB 167 by striking on Page 2, line 11, the phrase "may later come" and substituting in lieu thereof the following:
"comes".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal

Dean English Engram Fincher Garner Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins

Kennedy Kidd Land Lester Littlefield McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh

944

JOURNAL OF THE SENATE

Tate Thompson Timmons

Trulock Turner

Tysinger Walker

Those not voting were Senators:

Brannon Brantley Coverdell

Foster (excused) Gillis

Greene McKenzie

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 176. By Senator Mine of the 52nd: A bill to amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to provide for the use of interpreters by hearing impaired persons; to provide legislative intent; to provide definitions.
Senator Hine of the 52nd moved that SB 176 be committed to the Senate Com mittee on Human Resources.
On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 176 was committed to the Senate Committee on Human Resources.

SB 184. By Senators Howard of the 42nd, Fincher of the 54th and Kidd of the 25th:
A bill to amend Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmaceutics, so as to change qualifications for pharmacist's license; to provide for nuclear pharmacies; to provide a short title.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th

Brown of 47th Burton Cobb Coggin Coleman Coverdell Deal

Dean English Engram Fincher Garner Harris Hill

MONDAY, FEBRUARY 14, 1983

945

Hine Holloway Horton " oward
Hugglns Kennedy Kidd Land

Lester McGill Peevy Perry
Scott of 2nd Scott of 36tn Scott of 43rd Starr

Stumbaugh Tate Thompson Timmons
Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Bryant Dawkins Foster (excused)

Gillis Greene Harrison

Littlefield McKenzie Phillips

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 188. By Senator Kidd of the 25th:
A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to change the provisions relating to the refusal and revocation of licenses.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Gillis Harris Harrison Hill Hine Holloway Horton Howard Hudgins

Huggins Kennedy Kidd Land Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd

946

JOURNAL OF THE SENATE

Starr Stumbaugh Tate

Thompson Timmons Trulock

Turner Tysinger Walker

Those not voting were Senators:

Brannon Broun of 46th Brown of 47th

Bryant Foster (excused) Garner

Greene Lester

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 189. By Senator Timmons of the llth: A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, so as to provide that, for purposes of determining the minimum annual salary of the clerk of supe rior court in any county in which more than 50 percent of the population of the county resides on certain property of the United States government, the population shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government; to provide an effective date.
Senator Timmons of the llth offered the following amendment:
Amend SB 189 by striking from lines 5 and 17 of Page 1 the following:
"50",
and inserting in each of said places the following:
"70".

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker

Barnes Bond

Bowen Brantley

MONDAY, FEBRUARY 14, 1983

947

Broun of 46th Brown of 47th Burton Cobb
Coggin
Coleman Coverdell Dawkins Deal Dean English Engram Fincher Garner
Gillis

Harris
Hill
Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie

Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Bryant Foster (excused)

Greene Harrison

Littlefield Starr

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 190. By Senator Howard of the 42nd:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related insti tutions, so as to provide for emergency orders to relocate institutional pa tients or residents, to place monitors in institutions, and to prohibit admis sions to institutions.

Senator Stumbaugh of the 55th offered the following amendment: Amend SB 190 by adding on line 8 of Page 1 after the following: "orders;",
the following: "to provide for the regulation of personal care homes and for a defi
nition, permits, fees, and costs thereof;". By adding between lines 14 and 15 of Page 4 the following:

948

JOURNAL OF THE SENATE

"Section 1.1. Said article is further amended by adding at the end thereof a new Code Section 31-7-11 to read as follows:
'31-7-11. (a) As used in this Code section, the term "personal care home" means a residential facility providing, for compensation, protec tive care and oversight of ambulatory, nonrelated persons who need a monitored environment but who do not have injuries or disabilities which require chronic or convalescent care, including medical, nursing, or inter mediate care, but does not include old-age residences which are devoted to independent living units with kitchen facilities in which residents have the option of preparing and serving some or all of their meals and does not include boarding facilities which do not provide personal care.
(b) A personal care home shall be an institution requiring a permit and inspection under this article prior to being operated in this state, and the permit fees charged shall approximate the total of the direct and indirect cost to the department of such permit, inspection, and regulation under this chapter and shall be paid before the issuance of the permit.' "

On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon
Brantley Broun of 46th Brown of 47th Burton
Co in Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Garner
Gillis
Greene Harris
Harrison Hjne HQ H,,orton ' Howard Huggms Kennedy Kidd Land Lester Littlefield

McGill McKenzie Peevy
Perry
Phillips Scott of 2nd
Scott of 36th Scott rf 43fd Starr 0St. umb, augh, Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Hudgins.

MONDAY, FEBRUARY 14, 1983

949

Those not voting were Senators:

Bryant

Foster (excused)

Hill

On the passage of the bill, the yeas were 52, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 198. By Senators Scott of the 36th, Allgood of the 22d and Walker of the 19th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to define certain terms.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, 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 Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd

Land Littlefield McGill McKenzie Peevy Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

tester

Perry

Starr

Not voting were Senators Foster (excused) and Garner.

950

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 51, nays 3.

The bill, having received the requisite constitutional majority, was passed.

Serving as doctor of the day today was Dr. John Gamwell, of Atlanta, Georgia.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

At 12:40 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

TUESDAY, FEBRUARY 15, 1983

951

Senate Chamber, Atlanta, Georgia Tuesday, February 15, 1983
Twenty-eighth Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 537. By Representatives Jackson of the 83rd and Evans of the 84th:
A bill to amend an Act creating a new board of commissioners of Columbia County, so as to change the composition of districts from which members are elected.

HB 538. By Representatives Jackson of the 83rd and Evans of the 84th:
A bill to amend an Act providing for the election of members of the board of education of Columbia County, so as to change the composition of educa tion districts.

HB 539. By Representatives Wood, Lawson and Jackson of the 9th:
A bill to amend an Act creating a new charter for the City of Flowery Branch, so as to increase the maximum fine which may be imposed by the Mayor's Court of the City of Flowery Branch.

HB 540. By Representative Reaves of the 147th:
A bill to amend an Act authorizing the governing authority of Brooks County to establish special fire protection districts, so as to limit the amount of property which shall be subject to the special tax.

952

JOURNAL OF THE SENATE

HB 554. By Representatives Barnes of the 90th, Brown of the 88th, Cheeks of the 89th and Walker of the 85th:
A bill to amend an Act regulating public instruction for the County of Rich mond, so as to change the composition of the board of education of Rich mond County and provide for new districts therefor.

HB 556. By Representatives Auten of the 156th and McVeigh of the 155th:
A bill to amend an Act creating the Brunswick-Glynn County Charter Commission, so as to extend the time within which said commission shall complete its work.

HB 557. By Representative Birdsong of the 104th:
A bill to amend an Act creating the board of commissioners of Wilkinson County, so as to change the compensation of the members of the board of commissioners.

HB 558. By Representative Birdsong of the 104th:
A bill to amend an Act creating the Board of Commissioners of Wilkinson County, so as to change the provisions relating to the election of the mem bers of the board.

HB 561. By Representative Birdsong of the 104th:
A bill to amend an Act creating a new Board of Education of Wilkinson County, so as to provide for the election of a new Board of Education of Wilkinson County as the successor to the heretofore existing board.

HB 562. By Representative Collins of the 144th:
A bill to amend an Act incorporating the City of Sale City in Mitchell County, so as to change the terms of and procedures for election of the mayor and councilmen.

HB 563. By Representatives Benefield, Bailey and Lee of the 72nd and others:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the provisions relating to meetings; to change the method of selecting the vice-chairman; to define the duties and powers of the chairman and board of commissioners.

HB 564. By Representatives Clark and Milford of the 13th:
A bill to amend an Act creating a new charter for the City of Winterville, so as to change certain provisions relating to the police court.

TUESDAY, FEBRUARY 15, 1983

953

HB 570. By Representatives Pinkston of the 100th, Groover of the 99th, Lucas of the 102nd and Home of the 103rd:
A bill to amend an Act creating the State Court of Bibb County, so as to provide for warrant officers of said court and their selection, compensation, and duties.

HB 75. By Representatives Childers and McKelvey of the 15th, Richardson of the 52nd and Murphy of the 18th:
A bill to amend Code Section 48-5-291 of the Official Code of Georgia An notated, relating to qualifications for members of county boards of tax asses sors, so as to remove the requirement that a member be 72 years of age or less.

HB 243. By Representative Cummings of the 17th:
A bill to amend Code Section 47-3-83 of the Official Code of Georgia Anno tated, relating to creditable service for military service under the Teachers Retirement System of Georgia, so as to remove the restrictions relating to the periods of military service to allow credit for military service for mem bers honorably discharged from military service.

HB 428. By Representatives Isakson of the 21st and Pinkston of the 100th:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Authority Act," so as to change the membership of the authority.

HB 118. By Representatives Lord of the 107th, Cox of the 141st, Bargeron of the 108th and others:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, the "Georgia Post-mortem Examination Act," so as to require the release of certain dead bodies within a certain time limit in the absence of certain findings.

HB 249. By Representatives Logan of the 67th, Argo of the 68th, Wilson of the 20th and others:
A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the amount which may be charged by authorized ticket agents.

HB 299. By Representative Adams of the 16th:
A bill to amend Chapter 8 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses involving theft, so as to limit civil and criminal liability of a merchant or merchant's agent or employee when a suspected shoplifter is detained, questioned, or arrested.

954

JOURNAL OF THE SENATE

HB 357. By Representative Watson of the 114th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Anno tated, relating to motor carriers, so as to change the provisions relating to temporary emergency authority to operate as a motor common carrier.

HB 400. By Representative Phillips of the 125th:
A bill to amend Code Section 43-34-27 of the Official Code of Georgia An notated, relating to the licensing requirements for persons engaged in the practice of medicine, so as to delete the provision authorizing a graduate to stand a regular examination to practice medicine before completing a year's training as an intern.

HB 427. By Representatives Home of the 103rd and Workman of the 51st:
A bill to amend Code Section 10-5-3 of the Official Code of Georgia Anno tated, relating to the requirement for dealers and salesmen to file surety bonds or deposits, so as to provide exemption for members of the Securities Investor Protection Corporation.

HB 429. By Representatives Smith of the 152nd, Byrd of the 153rd, Richardson of the 52nd and others:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to change the definition of minor as it relates to sexual exploitation of children; to define the term "performance" as it applies to the sexual exploitation of children.

The House has adopted by the requisite constitutional majority the following reso lutions of the House:

HR 209. By Representatives Cox of the 141st, Padgett of the 86th, Groover of the 99th and others:
A resolution expressing regret at the passing of Honorable Marvin Griffin.

HR 76. By Representatives Colwell of the 4th and Johnson of the 72nd:
A resolution authorizing the leasing of certain state owned property located in the City of Atlanta, Fulton County, Georgia.

The House has passed by the requisite constitutional majority the following bill of the Senate:

SB 110. By Senators Brown of the 47th, Kidd of the 25th and Hill of the 29th:
A bill to amend Code Section 47-6-80 of the Official Code of Georgia Anno tated, relating to eligibility and application for retirement benefits under the

TUESDAY, FEBRUARY 15, 1983

955

Georgia Legislative Retirement System, so as to change the monthly service retirement allowance.

The House has passed by the requisite constitutional majority the following bill of the House:

HB 121. By Representatives Lawson of the 9th, Snow of the 1st, Williams of the 48th and others:
A bill to implement certain changes required by Article VI of the Constitu tion of the State of Georgia; to amend Title 15 of the Official Code of Geor gia Annotated, relating to courts, so as to provide for a magistrate court in each county and for the jurisdiction, powers, officers, proceedings, and oper ation of such courts.

The House has disagreed to the Senate substitute to the following bill of the House:

HB 207. By Representatives McDonald of the 12th, Burruss and Wilson of the 20th and others:
A bill to provide supplementary appropriations for the fiscal year ending June 30, 1983, in addition to any other appropriations heretofore or hereaf ter made for the operation of state government and the purposes provided for herein.

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 261. By Senator Kidd of the 25th:
A bill to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the operation of bingo games by nonprofit tax-exempt organizations, so as to authorize any county or munici pality of this state to adopt an ordinance authorizing its recreation depart ment to operate bingo games either directly or on behalf of nonprofit taxexempt organizations.
Referred to Committee on Governmental Operations.

SB 262. By Senator Kidd of the 25th:
A bill to provide for the appointment of the chief magistrate and other mag istrates of the Magistrate Court of Baldwin County: to provide for terms of office; to provide for the appointment of other court personnel; to provide for filling vacancies.
Referred to Committee on Federal, State and Community Affairs.

956

JOURNAL OF THE SENATE

SB 263. By Senator Coverdell of the 40th:
A bill to amend Chapter 3 of Title 31 of the Official Code of Georgia Anno tated, relating to county boards of health, so as to authorize the creation of a county board of health by ordinance in all counties of this state having a population of 550,000 or more according to the United States decennial cen sus of 1980 or any future such census.
Referred to Committee on Federal, State and Community Affairs.

SB 264. By Senator Dawkins of the 45th:
A bill to amend an Act creating the Magistrate Court of Rockdale County, as amended, so as to require that trials shall be conducted without a jury.
Referred to Committee on Federal, State and Community Affairs.

SB 265. By Senator Mine of the 52nd:
A bill to incorporate the City of Adairsville in the County of Bartow and provide a charter therefor.
Referred to Committee on Federal, State and Community Affairs.

SB 266. By Senator Bowen of the 13th:
A bill to amend an Act creating a new charter for the City of Pinehurst, so as to change the provisions relating to the election of the mayor and city council.
Referred to Committee on Federal, State and Community Affairs.

SB 267. By Senator Broun of the 46th:
A bill to amend Code Section 31-7-72 of the Official Code of Georgia Anno tated, relating to the creation of hospital authorities and the filling of vacan cies on such boards, so as to require that at least one member of the board of each hospital authority shall be a person licensed to practice medicine under Chapter 34 of Title 43 or a person licensed as a registered nurse under Chapter 26 of Title 43.
Referred to Committee on Human Resources.

SB 268. By Senator Broun of the 46th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the amount of restoration fee required before the Department of Public Safety will return an operator's driver's license or tag registration, or both; to provide an effective date.
Referred to Committee on Public Safety.

TUESDAY, FEBRUARY 15, 1983

957

SB 269. By Senator Tysinger of the 41st:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to regulation of rule making, rates, and related organizations, as amended, so as to delete certain references to workers' compensation.
Referred to Committee on Industry and Labor.

SB 270. By Senator tester of the 23rd:
A bill to amend Code Section 7-3-9 of the Official Code of Georgia Anno tated, relating to the investigation of applications for licenses under the "Georgia Industrial Loan Act," so as to change the provisions relative to hearings.
Referred to Committee on Banking and Finance.

SB 271. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to reclassify certain Schedule II substances as Schedule I substances; to state legislative findings; to provide for all related matters.
Referred to Committee on Judiciary.

SB 272. By Senator Hudgins of the 15th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish a children's policy for the State of Georgia.
Referred to Committee on Children and Youth.

SR 108. By Senators Barnes of the 33rd, Thompson of the 32nd, Brantley of the 56th and others:
A resolution relative to a continuing controversy between the City of Mari etta and Cobb County.
Referred to Committee on Federal, State and Community Affairs.

The following bills and resolution of the House were read the first time and re ferred to committees:

HB 75. By Representatives Childers and McKelvey of the 15th, Richardson of the 52nd and Murphy of the 18th:
A bill to amend Code Section 48-5-291 of the Official Code of Georgia Annoiated, relating to qualifications for members of county boards of tax asses sors, so as to remove the requirement that a member be 72 years of age or less.
Referred to Committee on Federal, State and Community Affairs (General).

958

JOURNAL OF THE SENATE

HB 118. By Representatives Lord of the 107th, Cox of the 141st, Bargeron of the 108th and others:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, the "Georgia Post-mortem Examination Act," so as to require the release of certain dead bodies within a certain time limit in the absence of certain findings.
Referred to Committee on Human Resources.

HB 121. By Representatives Lawson of the 9th, Snow of the 1st, Williams of the 48th and others:
A bill to implement certain changes required by Article VI of the Constitu tion of the State of Georgia; to amend Title 15 of the Official Code of Geor gia Annotated, relating to courts, so as to provide for a magistrate court in each county and for the jurisdiction, powers, officers, proceedings, and oper ation of such courts.
Referred to Committee on Judiciary.

HB 243. By Representative Cummings of the 17th:
A bill to amend Code Section 47-3-83 of the Official Code of Georgia Anno tated, relating to creditable service for military service under the Teachers Retirement System of Georgia, so as to remove the restrictions relating to the periods of military service to allow credit for military service for mem bers honorably discharged from military service.
Referred to Committee on Retirement.

HB 249. By Representatives Logan of the 67th, Argo of the 68th, Wilson of the 20th and others:
A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the amount which may be charged by authorized ticket agents.
Referred to Committee on Judiciary.

HB 299. By Representative Adams of the 16th:
A bill to amend Chapter 8 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses involving theft, so as to limit civil and criminal liability of a merchant or merchant's agent or employee when a suspected shoplifter is detained, questioned or arrested.
Referred to Committee on Judiciary.

HB 357. By Representative Watson of the 114th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Anno tated, relating to motor carriers, so as to change the provisions relating to temporary emergency authority to operate as a motor common carrier.
Referred to Committee on Transportation.

TUESDAY, FEBRUARY 15, 1983

959

HB 400. By Representative Phillips of the 125th:
A bill to amend Code Section 43-34-27 of the Official Code of Georgia An notated, relating to the licensing requirements for persons engaged in the practice of medicine, so as to delete the provision authorizing a graduate to stand a regular examination to practice medicine before completing a year's training as an intern.
Referred to Committee on Human Resources.

HB 427. By Representatives Home of the 103rd and Workman of the 51st:
A bill to amend Code Section 10-5-3 of the Official Code of Georgia Anno tated, relating to the requirement for dealers and salesmen to file surety bonds or deposits, so as to provide exemption for members of the Securities Investor Protection Corporation.
Referred to Committee on Banking and Finance.

HB 428. By Representatives Isakson of the 21st and Pinkston of the 100th:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Authority Act," so as to change the membership of the authority.
Referred to Committee on Banking and Finance.

HB 429. By Representatives Smith of the 152nd, Byrd of the 153rd, Richardson of the 52nd and others:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to change the definition of minor as it relates to sexual exploitation of children; to define the term "performance" as it applies to the sexual exploitation of children.
Referred to Committee on Judiciary and Constitutional Law.

HR 76. By Representatives Colwell of the 4th and Johnson of the 72nd:
A resolution authorizing the leasing of certain state owned property located in the City of Atlanta, Fulton County, Georgia.
Referred to Committee on Public Utilities.

HB 537. By Representatives Jackson of the 83rd and Evans of the 84th:
A Dill to amend an Act creating a new board of commissioners of Columbia County, so as to change the composition of districts from which members are elected.
Referred to Committee on Federal, State and Community Affairs.

960

JOURNAL OF THE SENATE

HB 538. By Representatives Jackson of the 83rd and Evans of the 84th:
A bill to amend an Act providing for the election of members of the board of education of Columbia County, so as to change the composition of educa tion districts.
Referred to Committee on Federal, State and Community Affairs.

HB 539. By Representatives Wood, Lawson and Jackson of the 9th:
A bill to amend an Act creating a new charter for the City of Flowery Branch, so as to increase the maximum fine which may be imposed by the Mayor's Court of the City of Flowery Branch.
Referred to Committee on Federal, State and Community Affairs.

HB 540. By Representative Reaves of the 147th:
A bill to amend an Act authorizing the governing authority of Brooks County to establish special fire protection districts, so as to limit the amount of property which shall be subject to the special tax.
Referred to Committee on Federal, State and Community Affairs.

HB 554. By Representatives Barnes of the 90th, Brown of the 88th, Cheeks of the 89th and Walker of the 85th:
A bill to amend an Act regulating public instruction for the County of Rich mond, so as to change the composition of the board of education of Rich mond County and provide for new districts therefor.
Referred to Committee on Federal, State and Community Affairs.

HB 556. By Representatives Auten of the 156th and McVeigh of the 155th:
A bill to amend an Act creating the Brunswick-Glynn County Charter Commission, so as to extend the time within which said commission shall complete its work.
Referred to Committee on Federal, State and Community Affairs.

HB 557. By Representative Birdsong of the 104th:
A bill to amend an Act creating the board of commissioners of Wilkinson County, so as to change the compensation of the members of the board of commissioners.
Referred to Committee on Federal, State and Community Affairs.

HB 558. By Representative Birdsong of the 104th:
A bill to amend an Act creating the Board of Commissioners of Wilkinson County, so as to change the provisions relating to the election of the mem bers of the board.
Referred to Committee on Federal, State and Community Affairs.

TUESDAY, FEBRUARY 15, 1983

961

HB 561. By Representative Birdsong of the 104th:
A bill to amend an Act creating a new Board of Education of Wilkinson County, so as to provide for the election of a new Board of Education of Wilkinson County as the successor to the heretofore existing board.
Referred to Committee on Federal, State and Community Affairs.

HB 562. By Representative Collins of the 144th:
A bill to amend an Act incorporating the City of Sale City in Mitchell County, so as to change the terms of and procedures for election of the mayor and councilmen.
Referred to Committee on Federal, State and Community Affairs.

HB 563. By Representatives Benefield, Bailey, Lee, Johnson and Holcomb of the 72nd:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the provisions relating to meetings; to change the method of selecting the vice-chairman; define the duties and powers of the chairman and board of commissioners.
Referred to Committee on Federal, State and Community Affairs.

HB 564. By Representatives Clark and Milford of the 13th:
A bill to amend an Act creating a new charter for the City of Winterville, so as to change certain provisions relating to the police court.
Referred to Committee on Federal, State and Community Affairs.

HB 570. By Representatives Pinkston of the 100th, Groover of the 99th, Lucas of the 102nd and Home of the 103rd.
A bill to amend an Act creating the State Court of Bibb County, so as to provide for warrant officers of said court and their selection, compensation, and duties.
Referred to Committee on Federal, State and Community Affairs.

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 follow ing recommendation:

962

JOURNAL OF THE SENATE

HB 401. Do pass.

Respectfully submitted, Senator McGill of the 24th District, Chairman

Mr. President:

The Committee on Consumer 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 251. Do pass. HB 139. Do pass.
Respectfully submitted,
Senator Bond of the 39th District, Chairman

Mr. President:

The Committee on Defense and Veterans 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 330. Do pass. HB 355. Do pass.
Respectfully submitted,
Senator Thompson of the 32nd District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation 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 233. HB 289. HB 334. HB 486. HB 487.

Do pass by substitute. Do pass. Do pass. Do pass. Do pass.

HB 488. HB 489. HB 490. HB 491. HB 496.

Do pass. Do pass. Do pass. Do pass. Do pass.

TUESDAY, FEBRUARY 15, 1983

963

HB 498. Do pass.

HB 499. Do pass. Respectfully submitted,
Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the fol lowing bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 332. Do pass. HB 371. Do pass.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the fol lowing bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 93. Do pass by substitute. HB 278. Do pass as amended.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 229. Do pass as amended. SB 249. Do pass as amended.

SB 207. Do pass. SB 242. Do pass.

Respectfully submitted,

Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bill of

964

JOURNAL OF THE SENATE

the Senate and has instructed me to report the same back to the Senate with the fol lowing recommendation:
SB 81. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 81. HB 254. HB 335.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Holloway of the 12th District, Chairman

Mr. President:

The Committee on Transportation 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 318. Do pass by substitute.
Respectfully submitted,
Senator Holloway of the 12th District, Chairman

The following bills of the Senate and House were read the second time:

SB 132. By Senators Bond of the 39th and Scott of the 36th:
A bill to amend an Act establishing a Municipal Court of the City of At lanta (now a division of the State Court of Fulton County), as amended, so as to abolish the Office of Justice of the Peace and of Notary Public Ex Officio Justice of the Peace and Constable in Fulton County.

SB 210. By Senator Timmons of the 11th:
A bill to repeal an Act relating to the jurisdiction of a probate judge of Chattahoochee County and the compensation of the clerk of superior court when serving as clerk of the probate court; said Act being contingent upon

TUESDAY, FEBRUARY 15, 1983

965

the enactment of an act providing for the compensation of the superior court clerk including special provisions where 50 percent of the population resides on United States government property.

SB 211. By Senator Timmons of the 11th:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Chattahoochee County, known as the fee system; to provide in lieu thereof an annual salary.

SB 219. By Senators Phillips of the 9th and Peevy of the 48th:
A bill to amend an Act relating to education districts for the election of members of the Board of Education of Gwinnett County, so as to provide for new and different districts and the election of members therefrom; to provide for all related matters; to provide effective dates.

SB 235. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sales of alcoholic bev erages on Sunday, so as to provide that the governing authority of certain counties and the governing authority of all municipalities located in such counties may authorize the sale of alcoholic beverages for consumption on the premises on Sunday.

SB 238. By Senator Kidd of the 25th:
A bill to amend an Act creating a new charter for the City of Milledgeville, as amended, so as to change the provisions relating to the election and terms of office of the mayor and aldermen.

HB 43. By Representatives Thomas of the 69th, Darden of the 20th, Karrh of the 109th and others:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Anno tated, relating to motor vehicle liability and uninsured motorist insurance, so as to provide for coverage for accidents caused by unknown motorists where the unknown motorist's vehicle does not physically contact the insured's vehicle.

HB 280. By Representative Walker of the 115th:
A bill to reincorporate and provide a new charter for the City of Perry in Houston County.

HB 364. By Representatives Home of the 103rd, Groover of the 99th and Pinkston of the 100th:
A bill to amend an Act establishing the board of commissioners of Bibb County, so as to authorize the governing authority of Bibb County to dis-

966

JOURNAL OF THE SENATE

pose of certain property within the Lake Tobesofkee Recreation Area for the purpose of developing, operating, and maintaining hydroelectric genera tion and related facilities.

HB 395. By Representatives Phillips of the 125th, Hamilton of the 124th, Triplett of the 128th and others:
A bill to amend an Act incorporating the City of Tybee Island, so as to change the provisions relating to the governing body of said city.

HB 415. By Representatives Benefield, Holcomb and Lee of the 72nd and others:
A bill to amend an Act reincorporating the City of Forest Park in Clayton County and creating a new charter for said city, so as to change the terms of office of the mayor and members of the council.

HB 426. By Representatives Bostick of the 138th and Carter of the 146th: A bill to create the Tifton-Tift County Charter Commission.

HB 452. By Representative Sizemore of the 136th:
A bill to amend an Act creating the Small Claims Court of Worth County, so as to change the jurisdictional amount of the court.

HB 475. By Representatives Mueller of the 126th, Hamilton of the 124th, Johnson of the 123rd and others:
A bill to amend an Act relating to the Board of Public Education for the City of Savannah and the County of Chatham, so as to change the provi sions relating to the compensation of the members and chairman of said board.

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 208. By Senator Peevy of the 48th: A bill to provide that the governing authority of Gwinnett County shall de termine and establish the total annual compensation to be paid to the judge of the probate court, the clerk of the superior court, the sheriff, and the tax commissioner of Gwinnett County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 15, 1983

967

SB 218. By Senator Brannon of the 51st: A bill to provide for minimum compensation for certain county officers of Gordon County; to provide for definitions; to provide for qualifications; to provide for other matters relative to the foregoing; to provide an effective date.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 302. By Representatives Groover of the 99th, Birdsong of the 104th, Randall of the 101st and others: A bill to amend an Act known as the "Macon-Bibb County Water and Sew erage Authority", so as to authorize the Macon-Bibb County Water and Sewerage Authority by ordinance or regulations to qualify for and authorize it to apply for and obtain a license or permit.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 333. By Representatives Hasty and Anderson of the 8th: A bill to provide a new charter for the City of Jasper in the County of Pickens; to provide for the incorporation and power of said city.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 341. By Representative Carter of the 146th: A bill to amend an Act creating a charter for the City of Adel, so as to provide for election districts.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.

968

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.

HB 344. By Representatives Triplet! of the 128th, Phillips of the 125th, Alien of the 127th and others: A bill to amend an Act creating a new Charter for the Town of Pooler, so as to increase the membership of the Aldermanic Board.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 345. By Representatives Triplet! of the 128th, Phillips of the 125th, Alien of the 127th and others: A bill to amend an Act establishing a new charter for the municipality of Garden City, so as to extend the present corporate limits of said municipality.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 351. By Representatives Benefield, Bailey and Lee of the 72nd and others: A bill to amend an Act creating the board of commissioners of Clayton County, so as to reapportion the commissioner districts.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 352. By Representative McDonald of the 12th:
A bill to amend an Act incorporating the City of Commerce, so as to pro vide for the administration of departments, offices, and agencies; to provide for a city manager.

TUESDAY, FEBRUARY 15, 1983

969

Senator Broun of the 46th offered the following amendment:
Amend HB 352 by striking from line 31 through line 33 of Page 2 the following:
"At the time of appointment, the city manager need not be a resi dent of the city but shall reside therein during his tenure of office."

On the adoption of the amendment, the yeas were 49, 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The President called for the morning roll call, and the following Senators an swered to their names:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not answering were Senators:

Coggin

Foster (excused)

Timmons

Senator Starr of the 44th introduced the chaplain of the day, Reverend Harold

970

JOURNAL OF THE SENATE

Withers, pastor of the First Baptist Church, Forest Park, Georgia, who offered scrip ture reading and prayer.

The following resolutions of the House and Senate were read and adopted:

HR 209. By Representatives Cox of the 141st, Padgett of the 86th, Groover of the 99th and others:
A resolution expressing regret at the passing of Honorable Marvin Griffin.

SR 109. By Senators Walker of the 19th, Gillis of the 20th, McGill of the 24th and others:
A resolution commending Mr. Garland Thompson.

SENATE RULES CALENDAR

Tuesday, February 15, 1983

TWENTY-EIGHTH LEGISLATIVE DAY

SB 182
SR 88 SR 77 SB 121
SR 89
SB 225
SB 224
SB 23
SR 79 SB 220 SB 202 SR 49
HB 130
HB 104
HB 391

Superior Court Clerks--change minimum annual salaries (AMEND MENTS) (Gov Op--25th)
Stop Drugs at the Source Petition--relative to (Hum R--25th)
Workers' Compensation Task Force--create (I&L--19th)
Health Policy Council--provide (SUBSTITUTES/AMENDMENT) (Hum R--26th)
Bartow County--conveyance of certain state owned real property (AMENDMENT) (Pub U--52nd)
Consent for Surgery--person designated by patient may see records (AMENDMENT) (Hum R--34th)
Animal Owners--conditions for liability for injuries (SUBSTITUTE) (J&CL--9th)
Stolen Motor Vehicle--no storage fees when recovered (J&CL--43rd)
George W. Thompson, Sr. Bridge--designate (Pub U--33rd)
State Debt, Investment, Depositories--public securities (B&F--33rd)
State Meetings--open to public (AMENDMENT) (J&CL--33rd)
Honorable Richard A. Dent--authorize portrait in State Capitol (Gov Op--22nd)
DUI--procedures, sanctions for violations (SUBSTITUTE) (J&CL--33rd)
Controlled Substances--exclude certain nonnarcotic substances (Hum R--54th)
Alcohol and Drug Course--public schools provide (Trns--33rd)

TUESDAY, FEBRUARY 15, 1983

971

HB 133 HB 128 HB 50 HB 24 HB 115 SB 231 HB 34 HB 26

Criminal Justice Coordinating Council--additional members (Judy--31st)
Interest Rates--higher under certain conditions (SUBSTITUTE) (B&F--23rd)
State Boxing Commission--provide (AMENDMENT) (Gov Op--20th)
Governor--change provisions relating to oath of office (SUBSTI TUTES) (Judy--49th)
Cemeteries--registration, regulation (I&L--19th)
Department of Human Resources--payment for personal services on basis of 26 day periods per year (Gov Op--25th)
Offender Rehabilitation Board--provisions on creation (SUBSTI TUTE) (Judy--33rd)
Industry and Trade Board--creation and composition (SUBSTI TUTE) (Judy--33rd)

Respectfully submitted,
/s/ Dean of the 31st, Chairman Senate Rules Committee

The following general bill of the Senate, having been read the third time and passed on February 11, reconsidered and placed at the foot of the Senate Rules Calen dar on February 14, was put upon its passage:

SB 182. By Senator Kidd of the 25th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to superior courts, so as to change the minimum annual sala ries for clerks of the superior courts; to provide an effective date.

The amendment offered by Senator Barnes of the 33rd which was adopted on February 11 was as follows:
Amend SB 182 by adding on Page 3, after line 1 the following; "250,000 -- 299,000 ............................... $38,500"
and
By striking on Page 3, line 1 "299,999" and inserting "249,999".

The amendment offered by Senator Timmons of the llth which was adopted on February 11 was as follows:
Amend SB 182 by striking from line 25 of Page 2 the following:
"$12,528.00",

972

JOURNAL OF THE SENATE

and inserting in lieu thereof the following: "$11,800.00".

Senator Kidd of the 25th moved that the Senate reconsider its action of February 11 in adopting the amendment offered by Senator Timmons of the llth.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the amend ment offered by Senator Timmons of the 11th which was adopted on February 11 was reconsidered.

On the adoption of the amendment, the yeas were 6, nays 26, and the amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Garner Gillis Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Foster (excused)

Harrison Hill

Littlefield Peevy (excused)

On the passage of the bill, the yeas were SO, nays 0.

TUESDAY, FEBRUARY 15, 1983

973

The bill, having received the requisite constitutional majority, was passed as amended.

The following general resolution of the Senate, favorably reported by the commit tee, was read the third time and put upon its adoption:

SR 88. By Senator Kidd of the 25th:
A resolution relative to the Stop Drugs at the Source Petition and Treaty campaigns.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th
Bryant Burton Coggin Coleman Coverdell Dawkins Deal Dean English Engram

Fincher Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Cobb

Foster (excused)

Harrison

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

974

JOURNAL OF THE SENATE

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 250. By Representatives Ginsberg of the 122nd, Mullinax of the 81st, Aaron of the 56th and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, the "Employment Security Law," so as to increase the maximum weekly benefit amount from $115.00 to $125.00.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 207. By Representatives McDonald of the 12th, Burruss and Wilson of the 20th and others:
A bill to provide supplementary appropriations for the fiscal year ending June 30, 1983, in addition to any other appropriations heretofore or hereaf ter made for the operation of state government and the purposes provided for herein.

Senator Starr of the 44th moved that the Senate insist upon the Senate substitute to HB 207.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 207.

The following bill of the House was read the first time and referred to committee:

HB 250. By Representatives Ginsberg of the 122nd, Mullinax of the 81st, Aaron of the 56th and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, the "Employment Security Law," so as to increase the maximum weekly benefit amount from $115.00 to $125.00.
Referred to Committee on Industry and Labor.

TUESDAY, FEBRUARY 15, 1983

975

The following general resolution and bill of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SR 77. By Senators Walker of the 19th, Cobb of the 28th, Tysinger of the 41st and others:
A resolution creating a Workers' Compensation Task Force.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal Dean English

Engram Fincher Garner Gillis Greene Harris Hill Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Coverdell

Foster (excused) Harrison

Horton Starr

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

976

JOURNAL OF THE SENATE

SB 121. By Senators Greene of the 26th, tester of the 23rd, Holloway of the 12th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for policy and purpose; to provide for definitions; to provide for a Health Policy Council and its functions and for the compen sation and allowances of its members.

The following fiscal note, as required by law, was read by the Secretary:

Department of Audits Trinity-Washington Building
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Pierre Howard, Chairman

Senate Human Resources Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 31, 1983

SUBJECT: Fiscal Note - Senate Bill 121 (LC 11-4906ER) Health Policy Council

This Bill would abolish and state-level health planning structure and create a new structure including an agency, council, review board, and a Health Planning Oversight Committee for legislative oversight. The Bill in creases the threshold for the amount of proposed expenditure which must be approved through a certificate of need and allows for collecting fees to fund the cost of the certificate of need program.

The fiscal impact of this Bill cannot be determined. The cost of the new Health Policy Council, Health Planning Agency, review board and oversight committee will approximate the costs of the existing entities. Any savings resulting from the collection of fees will be dependent on the fee schedules developed by the agency. The fiscal impact resulting from the denial of cer tificates of need will be dependent on the effectiveness of the new law. If the new law, as written and as implemented, is as effective as the existing law there will be no fiscal impact because the amount of costs avoided by state health plans would be the same under both laws. If the new law is not as effective, less costs will be avoided but the amount cannot be determined.

Based on assumptions and estimates calculated by the Office of Plan ning and Budget and discussed with the State Health Planning and Devel opment Agency, the average annual level of denied expenditures for the last three years has resulted in avoided costs totaling an estimated $3,856,951.

TUESDAY, FEBRUARY 15, 1983

977

This is based on the assumption that denied certificates of need result in avoided additional costs of the Medicaid program and the state's employees, teachers, and Board of Regents' health insurance plans.

/s/ W.M. Nixon State Auditor

/s/ C.T. Stevens, Director Office of Planning and Budget

The Senate Committee on Human Resources offered the following substitute to SB 121:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 6 of Title 31 of the Official Code of Georgia Anno tated, relating to state health planning and development, so as to change and add certain definitions; to change the review process; to change certain hearing panels and provide for hearing requests and review; to provide for expediting and waiving reviews; to change certain exceptions regarding ap plicability of certificate of need; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 31 of the Official Code of Georgia Anno tated, relating to state health planning and development, is amended by striking subparagraph (a)(6)(A) of Code Section 31-6-2, relating to defini tions, and inserting in its place a new subparagraph (a)(6)(A) to read as follows:
"(A) Constructing, remodeling, installing, or proceeding with a pro ject or any part of a project, the cost of which exceeds $600,000.00;".
Section 2. Said chapter is further amended by striking paragraph (8) of subsection (a) of Code Section 31-6-2, relating to definitions, and inserting in its place a new paragraph (8) to read as follows:
"(8) 'Health care facility' means all hospitals, including public, pri vate, osteopathic, psychiatric, and tuberculosis hospitals; other special care units, including podiatric facilities, skilled nursing facilities, and kid ney disease treatment centers, including free-standing hemodialysis units; intermediate care facilities; personal care homes not in existence on July 1, 1983; ambulatory surgical or obstetrical facilities; health maintenance organizations; and home health agencies."
Section 3. Said chapter is further amended by striking from division (a)(6)(B)(i) of Code Section 31-6-2, relating to definitions, the following:
"The expenditure or commitment of funds exceeding $150,000.00 for a project which shall include but not be limited to:",
and inserting in its place the following:

978

JOURNAL OF THE SENATE

"The expenditure or commitment of funds exceeding $600,000.00 for a project which shall include but not be limited to:".
Section 4. Said chapter is further amended by inserting between paragraphs (18) and (19) of subsection (a) of Code Section 31-6-2, relating to definitions, a new paragraph (18.1) to read as follows:
"(18.1) 'Personal care home' means a residential facility having at least 25 beds and providing, for compensation, protective care and over sight of ambulatory, nonrelated persons who need a monitored environ ment but who do not have injuries or disabilities which require chronic or convalescent care, including medical, nursing, or intermediate care. Per sonal care homes include those facilities which monitor daily residents' functioning and location, have the capability for crisis intervention, and provide supervision in areas of nutrition, medication, and provision of transient medical care. Such term does not include:
(A) Old age residences which are devoted to independent living units with kitchen facilities in which residents have the option of prepar ing and serving some or all of their own meals; or
(B) Boarding facilities which do not provide personal care."
Section 5. Said chapter is further amended by striking subparagraph (a)(16)(B) of Code Section 31-6-2, relating to definitions, and inserting in its place a new subparagraph (a)(16)(B) to read as follows:
"(B) Any expenditure by or on behalf of a health care facility in excess of $600,000.00 which, under generally accepted accounting princi ples consistently applied, is a capital expenditure, except expenditures solely for the termination or reduction of beds or for acquisition of a health care facility;".
Section 6. Said chapter is further amended by striking subparagraph (a)(16)(E) of Code Section 31-6-2, relating to definitions, and inserting in its place a new subparagraph (a)(16)(E) to read as follows:
"(E) Any expenditure by or on behalf of a health care facility in excess of $600,000.00 made in preparation for the offering or develop ment of a new institutional health service and any arrangement or com mitment made for financing the offering or development of a new institu tional health service;".
Section 7. Said chapter is further amended by striking subparagraph (a)(16)(G) of Code Section 31-6-2, relating to definitions, and inserting in its place a new subparagraph (a)(16)(G) to read as follows:
"(G) The purchase or lease by or on behalf of a health care facility of diagnostic or therapeutic equipment with a value in excess of $400,000.00. The acquisition of one or more items of functionally related diagnostic or therapeutic equipment shall be considered as one project."
Section 8. Said chapter is further amended by striking subsection (a) of Code Section 31-6-46, relating to the review process, and inserting in its place a new subsection (a) to read as follows:

TUESDAY, FEBRUARY 15, 1983

979

"(a) Except as provided in subsection (e) of this Code section, there shall be a time limit of 90 days for review of an application for a certifi cate of need for a project beginning on the day the state agency declares the application 'complete for review,' as defined by the state agency's regulation. Each application for a certificate of need shall be reviewed by the state agency and within ten working days after the date of its receipt a determination shall be made as to whether the application complies with the rules governing the preparation and submission of applications. If the application complies with the rules governing the preparation and submission of applications, the state agency shall declare the application complete for review, shall accept and date the application, and shall no tify the applicant of the timetable for its review. The state agency shall also notify a newspaper of general circulation in the county in which the project shall be developed that the application has been deemed com plete. If the application does not comply with the rules governing the preparation and submission of applications, the state agency shall notify the applicant in writing and provide a list of all deficiencies. The appli cant shall be afforded an opportunity to correct such deficiencies and, upon such correction, the application shall then be declared complete for review within ten days of the correction of such deficiencies, and notice given to a newspaper of general circulation in the county in which the project shall be developed that the application has been so declared."
Section 9. Said chapter is further amended by striking subsection (c) of Code Section 31-6-46, relating to the review process, and inserting in its place a new subsection (c) to read as follows:
"(c) The health systems agency shall, during the course of its re view, provide an opportunity for a public meeting at which interested persons may introduce testimony and exhibits. A written summary of such testimony shall be forwarded to the state agency as part of the find ings of the health systems agency. In addition, any person may file writ ten comments and exhibits concerning a proposal under review with the appropriate health systems agency and the state agency. The state agency shall provide the applicant an opportunity to meet with the state agency to discuss the application."
Section 10. Said chapter is further amended by striking subsection (e) of Code Section 31-6-46, relating to the review process, and inserting in its place a new subsection (e) to read as follows:
"(e) The state agency shall, no later than 90 days after acknowledg ment of a complete application, provide written notification to the appli cant of intent to issue or to deny issuance of a certificate of need. Such notice shall contain a detailed statement of the reasons for approving or failing to approve the action proposed by the applicant. The state agency may adopt rules for determining when it would not be practicable to complete a review in 90 days but shall not extend the review period in excess of an additional 30 days."
Section 11. Said chapter is further amended by striking subsections (a) and (b) of Code Section 31-6-47, relating to appeal and judicial review, and inserting in their place new subsections (a) and (b) to read as follows:

980

JOURNAL OF THE SENATE

"(a) In fulfilling the functions and duties of this article the state agency shall comply with Chapter 13 of Title 50, the 'Georgia Adminis trative Procedure Act.' Any applicant for a new institutional health ser vice or capital expenditure project, a health systems agency, or any per son who qualifies as a 'party' or 'person aggrieved' under the 'Georgia Administrative Procedure Act' shall have the right to a hearing before a panel of three persons from the State Health Planning Review Board, created in subsection (b) of this Code section, to contest an agency deci sion to grant or deny a certificate of need. Such hearing shall be re quested within 30 days after the date of the issuance or denial of a certif icate of need by the state agency.
(b) There is created the State Health Planning Review Board which shall consist of ten persons, one from each of the state's congressional districts, appointed by the Governor. Two members of such board must be attorneys licensed to practice law in this state. The Governor shall appoint persons to the board who are familiar with the health care indus try but who do not have a financial interest in any health care facility. The Governor shall not appoint any person to the review board who is a member of a board of health systems agency. The Governor shall desig nate a member of the review board who is an attorney to serve as chair man. The chairman shall designate a panel of three members to conduct a hearing, provided that each three-member panel must contain at least one attorney member of the board who shall act as chairman of the re view panel; and provided, further, that one of the three-member panel must be from the applicant's congressional district. The members of the board shall be compensated in a reasonable amount set by the Governor for time spent considering such hearings. The three-member panel shall base its decision upon the considerations set forth in Code Section 31-645. The decision of the three-member panel of the State Health Planning Review Board shall be the final agency decision for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Except as herein provided, the hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
Section 12. Said chapter is further amended by striking paragraphs (8) and (9) of subsection (a) of Code Section 31-6-50, relating to exception to applicability, and inserting in their place new paragraphs (8), (9), and (10) to read as follows:
"(8) The commitment of funds conditioned upon the obtaining of a certificate of need;
(9) Expenditures by a health care facility for capital improvements or health services which are required to render such facility in compli ance with the requirements of state or federal law and regulations; and
(10) Capital expenditures otherwise covered by this chapter and re quired solely to eliminate or prevent safety hazards as defined by federal, state, or local fire, building, or life safety codes or regulations or to com ply with licensing requirements of the department."
Section 13. Said chapter is further amended by striking subsection (b)

TUESDAY, FEBRUARY 15, 1983

981

of Code Section 31-6-50, relating to exception to applicability, and inserting in its place a new subsection (b) to read as follows:
"(b) The state agency shall establish, by regulation, procedures whereby requirements for the process of review and issuance of a certifi cate of need may be modified as a result of emergency situations. The state agency may establish by regulation a procedure for expediting or waiving reviews of certain projects, the nonreview of which it deems com patible with the purposes of this chapter."
Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 15. 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 Pierre Howard, Chairman

Senate Human Resources Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 9, 1983

SUBJECT: Fiscal Note - Substitute to Senate Bill 121 (LC 11-4948S) State Health Planning and Development Agency

The provisions of this Bill and their fiscal impact according to the State Health Planning and Development Agency and the Office of Planning and Budget are addressed in the following paragraphs.

1. The thresholds for the amount of proposed expenditures which must be approved through a Certificate of Need would be increased from $150,000 to $600,000 for construction and $400,000 for equipment.

This provision would decrease the amount of expenditures which would be reviewed and be subject to denial. During calendar year 1982 the agency denied $809,000 of expenditures which under the new thresholds would not be reviewed. Based on assumptions and estimates, the denied expenditures resulted in avoided annual costs to the state health insurance program of $37,969.

2. Personal care homes constructed after July 1, 1983 and having at

982

JOURNAL OF THE SENATE

least 25 beds would be included in the definition of health care facili ties and would be required to obtain Certificates of Need.
Since personal care homes have not been reviewed in the past and there is a lack of information on the number and type of personal care homes in the state, the fiscal impact of this provision can not be determined.

3. A 10-day limit would be established for the agency to determine if the application for a Certificate of Need is complete for review.
This provision would have no fiscal impact on agency costs.

4. The agency would be required to provide the applicant an opportu nity to meet with the agency.
This provision would have no fiscal impact on agency costs.

5. The extension of the application review period would be reduced from 60 days to 30 days.
This provision would have no fiscal impact on agency costs.

6. The number of members from the State Health Planning Review Board who sit on hearing panels would be reduced from five to three.
This provision would reduce the cost of per diem and travel for panel members by $4,884, based on budgeted fiscal year 1983 expenditures.

7. Expenditures solely to eliminate safety hazards would be exempt from review.
This provision would have no fiscal impact on agency costs because these types of expenditures are currently exempted by regulation.

8. Requests for hearings would be required to be made within 30 days. This provision would have no fiscal impact on agency costs.

9. The agency would be allowed to expedite or waive review of certain projects if the agency deems this to be compatible with the purposes of this chapter.
This provision would have no impact on agency costs.

TUESDAY, FEBRUARY 15, 1983

983

In summary, the fiscal impact of the entire Bill cannot be deter mined except as noted above.

/s/ W.M. Nixon State Auditor

/s/ C.T. Stevens, Director Office of Planning and Budget

Senators Greene of the 26th, Howard of the 42nd, and Barnes of the 33rd offered the following substitute to SB 121:
A BILL TO BE ENTITLED AN ACT
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for policy and purpose; to provide for definitions; to provide for a Health Policy Council and its functions and for the compen sation and allowances of its members; to provide for a Health Planning Agency and its functions, duties, and executive director; to provide for con struction and intent; to provide for certificates of need prior to the offering of certain new institutional health services or health care facilities; to pro vide for considerations and exceptions thereto; to provide for applications, actions thereon, and reviews; to provide for a Health Planning Review Board; to provide for notice, appeals, and judicial review; to provide for issu ance, denial, and revocation of certificates of need; to provide for penalties and injunctions; to provide for exceptions; to provide for emergency situa tions; to provide for rules; to provide for applicability; to abolish a certain commission, agency, council, and board which performed health planning functions and provide for certain successors thereto; to provide for transi tion; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking Chapter 6, relating to state health plan ning and development, and inserting in its place a new Chapter 6 to read as follows:
"CHAPTER 6
ARTICLE 1
31-6-1. The policy of this state and the purposes of this chapter are to ensure that adequate health care services and facilities are developed in an orderly and economical manner and are made available to all citizens and that only those health care services found to be in the public interest shall be provided in this state. To achieve this public policy and purpose, it is essential that appropriate health planning activities be undertaken and im plemented and that a system of mandatory review of new institutional health services be provided. Health care services and facilities should be pro vided in a manner that avoids unnecessary duplication of services, that is cost effective, and that is compatible with the health care needs of the vari ous areas and populations of the state.

984

JOURNAL OF THE SENATE

31-6-2. As used in this chapter, the term:
(1) 'Ambulatory surgical or obstetrical facility' means a public or private facility, not a part of a hospital, which provides surgical or ob stetrical treatment to patients not requiring hospitalization. Such term does not include the offices of private physicians or dentists, whether for individual or group practice.
(2) 'Application' means a written request for a certificate of need made to the planning agency, containing such documentation and infor mation as the planning agency may require.
(3) 'Bed capacity' means space used exclusively for inpatient care, including space designed or remodeled for inpatient beds even though temporarily not used for such purposes. The number of beds to be counted in any patient room shall be the maximum number for which adequate square footage is provided as established by rules of the De partment of Human Resources, except that single beds in single rooms shall be counted even if the room contains inadequate square footage.
(4) 'Certificate of need' means an official determination by the plan ning agency, evidenced by certification issued pursuant to an application, that the action proposed in the application satisfies and complies with the criteria contained in this chapter and rules promulgated pursuant hereto.
(5) 'Clinical health services' means diagnostic, treatment, or rehabil itative services provided in a health care facility, or parts of the physical plant where such services are located in a health care facility, and in cludes, but is not limited to, radiology, radiation therapy, surgery, inten sive care, coronary care, pediatrics, gynecology, obstetrics, dialysis, gen eral medical care, medical/surgical care, inpatient nursing care, whether intermediate or skilled, external care, cardiac catheterization, open-heart surgery, inpatient rehabilitation, hospice, and alcohol, drug abuse, and mental health services.
(6) 'Develop,' with reference to a project, means:
(A) Constructing, remodeling, installing, or proceeding with a pro ject, or any part of a project, or a capital expenditure project, the cost estimate for which exceeds $600,000.00; or
(B) The expenditure or commitment of funds exeeding $400,000.00 for orders, purchases, leases, or acquisitions through other comparable arrangements of major medical equipment.
Notwithstanding subparagraphs (A) and (B) of this paragraph, the ex penditure or commitment or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications, or working drawings, or to acquire, develop, or prepare sites shall not be considered to be the developing of a project.
(7) 'Health care facility' means hospitals; other special care units, including podiatric facilities, skilled nursing facilities, and kidney disease treatment centers, including freestanding hemodialysis units; intermedi-

TUESDAY, FEBRUARY 15, 1983

985

ate care facilities; personal care homes not in existence on the effective date of this chapter; ambulatory surgical or obstetrical facilities; health maintenance organizations; hospices; and home health agencies.
(8) 'Health maintenance organization' means a public or private or ganization organized under the laws of this state which:
(A) Provides or otherwise makes available to enrolled participants health care services, including at least the following basic health care services: usual physicians' services, hospitalization, laboratory, X-ray, emergency and preventive services, and out-of-area coverage;
(B) Is compensated, except for copayments, for the provision of the basic health care services listed in subparagraph (A) of this paragraph to enrolled participants on a predetermined periodic rate basis; and
(C) Provides physicians' services primarily:
(i) Directly through physicians who are either employees or partners of such organization; or
(ii) Through arrangements with individual physicians organized on a group practice or individual practice basis.
(9) 'Health Policy Council' or 'council' means the body created by this chapter to advise the Health Planning Agency and adopt the state health plan.
(10) 'Home health agency' means a public agency or private organi zation, or a subdivision of such an agency or organization, which is pri marily engaged in providing to individuals who are under a written plan of care of a physician, on a visiting basis in the places of residence used as such individuals' homes, part-time or intermittent nursing care pro vided by or under the supervision of a registered professional nurse, and one or more of the following services:
(A) Physical therapy;
(B) Occupational therapy;
(C) Speech therapy:
(D) Medical social services under the direction of a physician; or
(E) Part-time or intermittent services of a home health aide.
(11) 'Hospice' means a public agency or private organization or unit of either providing to persons terminally ill and to their families, regard less of ability to pay, a centrally administered and autonomous contin uum of palliative and supportive care, directed and coordinated by the hospice interdisciplinary team, primarily in the home but also on an out patient and short-term inpatient basis.
(12) 'Hospital' means an institution which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diag nostic services and therapeutic services for medical diagnosis, treatment,

986

JOURNAL OF THE SENATE

and care of injured, disabled, or sick persons or rehabilitation services for the rehabilitation of injured, disabled, or sick persons. Such term in cludes public, private, psychiatric, rehabilitative, geriatric, osteopathic, and other specialty hospitals.
(13) 'Intermediate care facility' means an institution which provides, on a regular basis, health related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designed to provide but who, because of their mental or physical condition, require health related care and services beyond the provision of room and board.
(14) 'New institutional health service' means:
(A) The construction, development, or other establishment of a new health care facility;
(B) Any expenditure by or on behalf of a health care facility in excess of $600,000.00 which, under generally accepted accounting princi ples consistently applied, is a capital expenditure, except expenditures for acquisition of an existing health care facility or certificate of need owned by such facility in connection with its acquisition;
(C) An increase in any consecutive two-year period in the bed ca pacity of a hospital in excess of ten beds or 10 percent, whichever is less, in a hospital that has maintained an overall occupancy rate greater than 85 percent in the previous 12 month period;
(D) An increase in bed capacity of a skilled or intermediate care nursing home or a personal care home;
(E) Clinical health services which are offered in or through a health care facility, which were not offered on a regular basis in or through such health care facility within the 24 month period prior to the time such services would be offered;
(F) Any conversion or upgrading of a facility such that it is con verted from a type of facility not covered by this chapter to any of the types of health care facilities which are covered by this chapter; or
(G) The purchase or lease by or on behalf of a health care facility of diagnostic or therapeutic equipment with a value in excess of $400,000.00, except for CT scanners or other equipment purchased to replace or upgrade such equipment. The acquisition of one or more items of functionally related diagnostic or therapeutic equipment shall be con sidered as one project.
The dollar amounts specified in subparagraphs (B) and (G) of this para graph and of paragraph (6) of this Code section shall be increased annu ally by an amount calculated by multiplying such dollar amounts (as ad justed for the preceding year) by the annual rate of increase in the composite construction index, published by the Bureau of the Census of the Department of Commerce of the United States government for the preceding calendar year, commencing on July 5, 1983, and on each anni versary thereafter of publication of the index. The planning agency shall

TUESDAY, FEBRUARY 15, 1983

987

immediately institute rule-making procedures to adopt such higher dollar amounts. In calculating the dollar amounts of a proposed project for pur poses of subparagraphs (B) and (G) of this paragraph, the costs of all items subject to review by this chapter and items not subject to review by this chapter associated with and simultaneously developed or proposed with the project shall be counted, except for the expenditure or commit ment of or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications or working drawings, or to acquire sites. In the event that the minimum dollar thresholds of $600,000.00 and $400,000.00 for review of capital expenditures or major medical equip ment, respectively, are raised by federal enactment above the levels con tained in subparagraphs (B) and (G) of this paragraph and of paragraph (6) of this Code section, then the planning agency shall immediately in stitute rule-making procedures to adopt such higher thresholds. The plan ning agency rules will provide that the new thresholds will at least be applicable to all applications submitted after the effective date of the new planning agency rule. It is the intention of the General Assembly that the minimum thresholds for certificate of need review of capital expenditures and major medical equipment in subparagraphs (B) and (G) of this par agraph and of paragraph (6) of this Code section shall be at least as high as those similar thresholds contained in such federal legislation.
(15) 'Nonclinical health services' means services or functions pro vided or performed by a health care facility, and the parts of the physical plant where they are located in a health care facility that are not diag nostic, therapeutic, or rehabilitative services to patients and are not clinical health services defined in this chapter.
(16) 'Offer' means that the health care facility is open for the ac ceptance of patients or performance of services and has qualified person nel, equipment, and supplies necessary to provide specified clinical health services.
(17) 'Person' means any individual, trust or estate, partnership, cor poration (including associations, joint-stock companies, and insurance companies), state, political subdivision, hospital authority, or instrumen tality (including a municipal corporation) of a state as defined in the laws of this state.
(18) 'Personal care home' means a residential facility having at least 25 beds and providing, for compensation, protective care and oversight of ambulatory, nonrelated persons who need a monitored environment but who do not have injuries or disabilities which require chronic or convales cent care, including medical, nursing, or intermediate care. Personal care homes include those facilities which monitor daily residents' functioning and location, have the capability for crisis intervention, and provide su pervision in areas of nutrition, medication, and provision of transient medical care. Such term does not include:
(A) Old age residences which are devoted to independent living units with kitchen facilities in which residents have the option of prepar ing and serving some or all of their own meals; or

988

JOURNAL OF THE SENATE

(B) Boarding facilities which do not provide personal care.
(19) 'Planning agency' means the Health Planning Agency created by this chapter to carry out the state's health planning and certificate of need programs.
(20) 'Project' means a proposal to take an action for which a certifi cate of need is required under this chapter. A project or proposed project may refer to the proposal from its earliest planning stages up through the point at which the new institutional health service is offered.
(21) 'Review board' means the Health Planning Review Board cre ated by this chapter.
(22) 'Skilled nursing facility' means a public or private institution or a distinct part of an institution which is primarily engaged in providing inpatient skilled nursing care and related services for patients who re quire medical or nursing care of rehabilitation services for the rehabilita tion of injured, disabled, or sick persons.
(23) 'State health plan' means a comprehensive program adopted by the Health Policy Council, approved by the Governor, and implemented by the State of Georgia for the purpose of providing adequate health care services and facilities throughout the state.
ARTICLE 2
31-6-20. (a) There is created a Health Policy Council to be ap pointed by the Governor, subject to confirmation by the Senate. The council shall be composed of 25 members. There shall be at least two members from each of the congressional districts in the state, and the remaining five members of the council shall be appointed at large. The Governor shall appoint the chairman of the council. From each congres sional district the Governor shall appoint a representative of nonproviders and consumers of health care and a representative of providers of health care. The members shall serve for a term of two years.
(b) The members of the council attending meetings of such council, or attending a subcommittee meeting thereof authorized by such council, shall receive no salary but shall be reimbursed for their expenses in at tending meetings and for transportation costs as authorized by Code Sec tion 45-7-21, which provides for the compensation and allowances of cer tain state officials.
(c) The functions of the council shall be to:
(1) Adopt the state health plan and submit it to the Governor for his approval;
(2) Review, comment on, and make recommendations to the plan ning agency on proposed rules for the administration of this chapter ex cept emergency rules prior to their adoption by the planning agency; and
(3) Perform such other functions as may be specified for the council by the planning agency.

TUESDAY, FEBRUARY 15, 1983

989

31-6-21. (a) There is created the Health Planning Agency which is authorized to administer the certificate of need program established under this chapter, and within the appropriations made available to the planning agency by the General Assembly of Georgia and consistently with the laws of the State of Georgia, a state health plan adopted by the policy council and approved by the Governor. The planning agency shall provide, by rule, for its own organization and procedures to administer its functions and shall be attached to the Department of Human Resources for administrative purposes only, as set forth in Code Section 50-4-3.
(b) The functions of the planning agency shall be:
(1) To conduct the health planning activities of the state and to im plement those parts of the state health plan which relate to the govern ment of the state;
(2) To prepare and revise a draft state health plan for submission to the policy council for adoption and submission to the Governor;
(3) To assist the policy council in the performance of its functions;
(4) With the prior advice, comment, and recommendations of the policy council, to adopt, promulgate, and implement rules and procedures sufficient to administer the provisions of this chapter, except emergency rules, including the certificate of need program. Such rules and proce dures shall be adopted, promulgated, and implemented in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The rules and procedures of the planning agency shall be submitted to the Human Resources Committee of the Senate and the Health and Ecology Committee of the House of Representatives not later than 30 days prior to the intended action by the planning agency. Each rule or part thereof shall be subject to the making of an objection by either such committee. Any rule or part thereof to which no objection is made shall become adopted at the end of such 30 day approval period. Any rule or part thereof to which an objection is made by both such committees shall not be adopted by the planning agency, and the rule or part thereof shall be considered by the General Assembly at its next regular session, unless such rule or part thereof is withdrawn by the planning agency. A resolu tion objecting to the rule or part thereof not withdrawn may be intro duced in either house of the General Assembly within 30 days of the commencement of such next regular session, and upon such resolution receiving an affirmative majority vote of both houses of the General As sembly, the rule shall be disapproved. If such a vote does not receive approval by both houses of the General Assembly, the rule shall become adopted at the end of such next regular session of the General Assembly.
(5) To define, by rule, the form, content, schedules, and procedures for submission of applications for certificates of need;
(6) To establish time periods and procedures consistent with this chapter and to obtain the viewpoints of interested persons prior to issu ance or denial of a certificate of need;
(7) To provide, by rule, for such fees as may be necessary to cover the costs of preparing the record for appeals before the review board of

990

JOURNAL OF THE SENATE

the decisions of the planning agency, which costs may include reasonable sharing between the planning agency and the parties to appeal hearings;
(8) To provide, by rule, for a fee schedule for certificate of need applications, if necessary to fund the costs of the certificate of need pro gram, and to collect and retain fees; and
(9) To grant, deny, or revoke a certificate of need as applied for or as amended.
31-6-22. The planning agency shall be directed by an executive di rector appointed by the Governor.
ARTICLE 3
31-6-40. From and after July 1, 1979, only such new institutional health services or health care facilities as are found by the planning agency to be needed shall be offered in the state. Any person proposing to develop or offer a new institutional health service or health care facil ity shall, before commencing such activity, submit an application to the planning agency and obtain a certificate of need in the manner provided in this chapter unless such activity is excluded from the scope of this chapter.
31-6-41. (a) A certificate of need shall be valid only for the defined scope, location, cost, service area, and person named in an application, as it may be amended, and as such scope, location, area, cost, and person are approved by the planning agency, unless such certificate of need owned by an existing health care facility is transferred to a person who acquires such existing facility. In such case, the certificate of need shall be valid for the person who acquires such a facility and for the scope, location, cost, and service area approved by the planning agency.
(b) A certificate of need shall be valid and effective for a period of 12 months after it is issued, or such greater period of time as may be specified by the planning agency at the time the certificate of need is issued. Within the effective period after the grant of a certificate of need, the applicant of a proposed project shall fulfill reasonable performance and scheduling requirements specified by the planning agency, by rule, to assure reasonable progress toward timely completion of a project.
(c) By rule, the planning agency may provide for extension of the effective period of a certificate of need when an applicant, by petition, makes a good faith showing that the conditions to be specified according to subsection (b) of this Code section will be performed within the ex tended period and that the reasons for the extension are beyond the con trol of the applicant.
31-6-42. (a) The written findings of fact and decision, with respect to the planning agency's grant or denial of a certificate of need, shall be based on the applicable considerations specified in this Code section and reasonable rules promulgated by the planning agency interpretive thereof. The planning agency shall issue a certificate of need to each ap plicant whose application is consistent with the following considerations

TUESDAY, FEBRUARY 15, 1983

991

and such rules deemed applicable to a project, except as specified in sub section (d) of Code Section 31-6-43:
(1) The proposed new institutional health services are reasonably consistent with the relevant general goals and objectives of the state health plan;
(2) The population residing in the area served, or to be served, by the new institutional health service has a need for such services;
(3) Existing alternatives for providing services in the service area the same as the new institutional health service proposed are neither cur rently available, implemented, similarly utilized, nor capable of providing a less costly alternative, or no certificate of need to provide such alterna tive services has been issued by the planning agency and is currently valid;
(4) The project can be adequately financed and is, in the immediate and long term, financially feasible;
(5) The effects of new institutional health service on payers for health services, including governmental payors, are not unreasonable;
(6) The costs and methods of a proposed construction project, in cluding the costs and methods of energy provision and conservation, are reasonable and adequate for quality health care;
(7) The new institutional health service proposed, or similar services for the service area, are financially and physically accessible to all resi dents of the proposed service area, including medically underserved popu lation groups, especially if the proposed service is the only such service available in its service area;
(8) The proposed new institutional health service has a positive rela tionship to the existing health care delivery system in the service area;
(9) The proposed new institutional health service encourages more efficient utilization of the health care facility proposing such service;
(10) The proposed new institutional health service provides, or would provide, a substantial portion of its services to individuals not re siding in its defined service area or the adjacent service area;
(11) The proposed new institutional health service conducts biomedical or behavioral research projects or new service development which is designed to meet a national, regional, or state-wide need;
(12) The proposed new institutional health service assists the clinical needs of health professional training programs which request such assis tance in the service area in which such services are to be provided;
(13) The proposed new institutional health service fosters improve ments or innovations in the financing or delivery of health services; pro motes health care quality assurance or cost effectiveness; or fosters com petition that is shown to result in lower patient costs without a loss of the quality of care; and

992

JOURNAL OF THE SENATE

(14) The proposed new institutional health service fosters the special needs and circumstances of health maintenance organizations.
(b) In the case of applications for the development or offering of a new institutional health service or health care facility for osteopathic medicine, the need for such service or facility shall be determined on the basis of the need and availability in the community for osteopathic ser vices and facilities in addition to the considerations in subsection (a) of this Code section. Nothing in this chapter shall, however, be construed as otherwise recognizing any distinction between allopathic and osteopathic medicine.
(c) If the denial of an application for a certificate of need for a new institutional health service proposed to be offered or developed by a:
(1) Minority administered hospital facility serving a socially and ec onomically disadvantaged minority population in an urban setting; or
(2) Minority administered hospital facility utilized for the training of minority medical practitioners
would adversely impact upon the facility and population served by said facility, the special needs of such hospital facility and the population served by said facility for the new institutional health service shall be given extraordinary consideration by the planning agency in making its determination of need as required by this Code section. The planning agency shall have the authority to vary or modify strict adherence to the provisions of this chapter and the rules enacted pursuant hereto in con sidering the special needs of such facility and its population served and to avoid an adverse impact on the facility and the population served thereby. For purposes of this subsection, the term 'minority administered hospital facility' means a hospital controlled or operated by a governing body or administrative staff composed predominantly of members of a minority race.
(d) For the purposes of the considerations contained in this Code section and in the planning agency's applicable rules, relevant data which were unavailable or omitted when the state health plan or rules were prepared or revised may be considered in the evaluation of a project.
(e) The planning agency shall specify in its written findings of fact and decision which of the considerations contained in this Code section and the planning agency's applicable rules are applicable to an applica tion and its reasoning as to and evidentiary support for its evaluation of each such applicable consideration and rule.
31-6-43. (a) Each application for a certificate of need shall be re viewed by the planning agency and within ten working days after the date of its receipt a determination shall be made as to whether the appli cation complies with the rules governing the preparation and submission of applications. If the application complies with the rules governing the preparation and submission of applications, the planning agency shall de clare the application complete for review, shall accept and date the appli cation, and shall notify the applicant of the timetable for its review. The planning agency shall also notify a newspaper of general circulation in

TUESDAY, FEBRUARY 15, 1983

993

the county in which the project shall be developed that the application has been deemed complete. The planning agency shall also notify the appropriate area planning and development commission and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located that the application is complete for review. If the application does not comply with the rules governing the preparation and submission of applications, the planning agency shall notify the applicant in writing and provide a list of all defi ciencies. The applicant shall be afforded an opportunity to correct such deficiencies, and upon such correction, the application shall then be de clared complete for review within ten days of the correction of such defi ciencies, and notice given to a newspaper of general circulation in the county in which the project shall be developed that the application has been so declared. The planning agency shall also notify the appropriate area planning and development commission and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located that the application is complete for review or when in the determination of the planning agency a significant amendment is filed.
(b) An applicant may amend its application at any time prior to the end of the review period, and the planning agency may request an appli cant to make amendments. The planning agency decision shall be made on an application as amended, if at all, by the applicant. If an applica tion includes items that are both subject to and not subject to the provi sions of this chapter, an applicant shall not be required to identify sepa rately the costs of those actions not subject to review.
(c) Except as provided in subsection (d) of this Code section, there shall be a time limit of 90 days for review of a project, beginning on the day the planning agency declares the application complete for review. The planning agency may adopt rules for determining when it is not practicable to complete a review in 90 days and may extend the review period upon written notice to the applicant but only for an extended pe riod of not longer than an additional 30 days.
(d) The planning agency may order the joinder of an application which is complete for review with one or more subsequently filed applica tions declared complete for review when:
(1) The first and subsequent applications involve similar projects in the same service area or overlapping medical service areas; and
(2) The subsequent applications are filed and are declared complete for review within 30 days of the date the first application was declared complete for review.
Following joinder of the first application with subsequent applications, none of the subsequent applications so joined may be considered as a first application for the purposes of future joinder. The planning agency shall notify the applicant to whose application a joinder is ordered and all other applicants previously joined to such application of the fact of each joinder pursuant to this subsection. In the event one or more applications have been joined pursuant to this subsection, the time limits for planning

994

JOURNAL OF THE SENATE

agency action for all of the applicants shall run from the latest date that any one of the joined applications was declared complete for review. In the event of the consideration of one or more applications joined pursuant to this subsection, the planning agency may award no certificate of need, or one or more certificates of need to the application or applications, if any, which are consistent with the considerations contained in Code Sec tion 31-6-42, the planning agency's applicable rules, and the award of which will best satisfy the purposes of this chapter.

(e) The planning agency shall review the application and all written information submitted by the applicant in support of the application to determine the extent to which the proposed project is consistent with the applicable considerations stated in Code Section 31-6-42 and in the plan ning agency's applicable rules. During the course of the review, the plan ning agency staff may request additional information from the applicant as deemed appropriate. For good cause shown, and pursuant to rules adopted by the planning agency, a public hearing on applications covered by those regulations may be held prior to the date of the agency's deci sion thereon. Any interested person may submit information to the plan ning agency concerning an application, and an applicant shall be entitled to notice of and to respond to any such submission.
(f) In the event that the planning agency's initial review of an appli cation indicates that an application is not consistent with the applicable considerations contained in Code Section 31-6-42 and in the planning agency's applicable rules, on or before the sixtieth day after an applica tion, or the last application joined pursuant to subsection (d) of this Code section, is declared complete for review, the planning agency shall pro vide the applicant an opportunity to meet with the planning agency to discuss the application and an opportunity to submit additional informa tion. Such additional information shall be submitted prior to the seventyfifth day after the application, or the last application joined pursuant to subsection (d) of this Code section, is declared complete for review.
(g) The planning agency shall, no later than 90 days after an appli cation is declared complete for review, or in the event joinder is ordered pursuant to subsection (d) of this Code section, then 90 days after the last joined application is declared complete for review, provide written notification to an applicant of the planning agency's decision to issue or to deny issuance of a certificate of need for the proposed project. In the event the planning agency has extended the review period pursuant to subsection (c) of this Code section, then the planning agency shall pro vide such written notification within 120 days after the application, or the last application joined pursuant to subsection (d) of this Code sec tion, was declared complete for review. Such notice shall contain the planning agency's written findings of fact and decision as to each appli cable consideration or rule and a detailed statement of the reasons and evidentiary support for issuing or denying a certificate of need for the action proposed by each applicant. The planning agency shall also mail such notification to the appropriate area planning and development com mission and the chief elected official of the county and municipal govern ments, if any, in whose boundaries the proposed project will be located. In the event such decision is to issue a certificate of need, the certificate

TUESDAY, FEBRUARY 15, 1983

995

of need shall be effective on the day of the decision unless the decision is appealed to the review board in accordance with this chapter.
(h) Should the planning agency fail to provide written notification of the decision within the time limitations set forth in this Code section, an application shall be deemed to have been approved as of the ninety-first day, or the one hundred twenty-first day if the review period was ex tended pursuant to subsection (c) of this Code section, following notice from the planning agency that an application, or the last of any applica tions joined pursuant to subsection (d) of this Code section, is declared 'complete for review.'
31-6-44. (a) There is created the Health Planning Review Board, which shall be an agency separate and apart from the planning agency. The review board shall be composed of ten members appointed by the Governor, one from each congressional district, and shall include two at torneys. The Governor shall appoint persons to the board who are famil iar with the health care industry but who do not have a financial interest in any health care facility. The Governor shall also name the chairman of the review board who shall be an attorney. The purpose of the review board shall be to conduct appeal hearings on decisions of the planning agency, as set forth in this Code section. The review board shall promul gate reasonable rules for its operation and rules of procedure for the con duct of its hearings. The members of the review board shall receive no salary, but shall be reimbursed for their expenses in attending meetings and for transportation costs as authorized by Code Section 45-7-21, which provides for compensation and allowances of certain state officials, and may also be compensated for services rendered to the review board outside of attendance at an appeal hearing. Such compensation to the members of the review board shall be made by the Department of Ad ministrative Services.
(b) Any applicant for a project, or any competing applicant, or any competing health care facility that has notified the planning agency, prior to its decision, that such facility is opposed to the application before the planning agency, who aggrieved by a decision of the planning agency shall have the right to an appeal hearing before a three-member panel of the review board or to intervene in such hearing. Such hearing shall be the administrative remedy for decisions of the planning agency. Such hearing shall be requested within 30 days of the effective date of a deci sion made pursuant to Code Section 31-6-43. The chairman of the review board shall name the panel for each such hearing, and the panel shall include one lawyer, who shall be the chairman of the panel, and two nonlawyer members of the review board. The member of the review board from the congressional district in which the proposed project is located shall be one of such three members of the panel. The chairman of the panel shall make such rulings as may be required for the conduct of the hearing. The chairman of the panel shall also make all arrangements for scheduling of the hearing.
(c) In fulfilling the functions and duties of this chapter, the panel shall act, and the hearing shall be conducted as a full evidentiary hear ing, in accordance with Chapter 13 of Title 50, the 'Georgia Administra tive Procedure Act,' relating to contested cases, except as otherwise spec-

996

JOURNAL OF THE SENATE

ified in this Code section. All files, working papers, studies, notes, and other writings or information used by the planning agency in making its decisions shall be public records and available to the parties, and the chairman of the panel may permit each party to exercise such reasonable rights of prehearing discovery of such information used by the parties as will expedite the hearing.
(d) The issue for decision by the panel shall be whether, and the panel shall order the issuance of a certificate of need if, in the panel's judgment the application is consistent with the considerations as set forth in Code Section 31-6-42 and the planning agency's rules, as the panel deems such considerations and rules applicable to review of the project. The panel shall also consider whether the planning agency committed prejudicial procedural error in its consideration of the application. The panel shall make written findings of facts and conclusions of law as to each such consideration or rule, including a detailed statement of the reasons for the decision of the panel. Appellant or applicants shall proceed first with their cases before the panel in the order determined by the chairman of the panel, and the planning agency, if a party, shall proceed last. In the event of a consolidated hearing on applications which were joined pursuant to subsection (d) of Code Section 31 -6-42, the re view board shall have the same powers specified for the planning agency in subsection (d) of Code Section 31-6-42 to issue no certificate of need or one or more certificates of need.
(e) Unless otherwise agreed by the parties, all evidence shall be presented at the hearing. A party or intervenor may present any relevant evidence on all issues raised by the panel or any party to the hearing, except that, unless in response to an issue raised by an opponent or the panel, a party or intervenor may not present a new need study or analysis that is substantially different from any such study or analysis submitted to the planning agency prior to its decision and that could reasonably have been available for submission to the planning agency prior to its decision. Except for such limitation on new studies or analyses, the panel may consider the latest data available, including updates of studies previ ously submitted, in deciding whether an application is consistent with the applicable considerations and rules.
(f) After the issuance of a decision by the planning agency, no party to an appeal hearing, nor any person on behalf of any such party, shall make any ex parte contact with any member of the review board in re gard to a project under appeal.
(g) The decision of the panel shall be the final administrative deci sion for purposes of judicial appeal of any certificate of need decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(h) In the event that the review board, its chairman, or a panel of the review board requires legal counsel, the chairman shall make a re quest for such advice to the Attorney General, and the Attorney General shall assign to the requesting party a member of his office who has not previously represented the planning agency.

TUESDAY, FEBRUARY 15, 1983

997

(i) Any party to the appeal hearing, including the planning agency, may seek judicial review of the panel's decision in accordance with the method set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; provided, however, that in conducting such review, the court may reverse or modify the decision only if substantial rights of the appellant have been prejudiced because the procedures followed by the planning agency, or the review board, or the administrative findings, in ferences, conclusions, and decision of the review board are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the agency;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclu sions, or decisions, which such evidentiary standard shall be in excess of the 'any evidence' standard contained in other statutory provisions; or
(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
31-6-45. (a) The planning agency may revoke a certificate of need after notice to the holder of the certificate and a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for the following reasons:
(1) Failure to comply with the provisions of Code Section 31-6-41; or
(2) The intentional provision of false information to the planning agency by an applicant in that applicant's application.
The planning agency may not, however, revoke a certificate of need if the applicant changes the defined location of the project within the same county less than three miles from the location specified in the certificate of need for financial reasons or other reasons beyond its control, includ ing but not limited to, failure to obtain any required approval from zon ing or other governmental agencies or entities.
(b) Any health care facility offering a new institutional health ser vice without having obtained a certificate of need and which has not been previously licensed as a health care facility shall be denied a license to operate.
(c) In the event that a new clinical health service is knowingly of fered or developed without having obtained a certificate of need as re quired by this chapter, or the certificate of need for such service is re voked according to the provisions of this Code section, a facility or applicant shall be fined the sum of $500.00 per day for every day that the violation of this chapter has existed and knowingly and willingly con-

998

JOURNAL OF THE SENATE

tinues; provided, however, that the expenditure or commitment of or in curring an obligation for the expenditure of funds to take or perform actions not subject to this chapter or to acquire, develop, or prepare a health care facility site for which a certificate of need application is de nied, shall not be a violation of this chapter and shall not be subject to such a fine. The director of the planning agency shall determine, after notice and a hearing, whether the fines provided in this Code section shall be levied.
(d) In addition, for purposes of this Code section, the State of Geor gia, acting by and through the planning agency, or any other interested person, shall have standing in any court of competent jurisdiction to maintain an action for injunctive relief to enforce the provisions of this chapter.
31-6-46. The planning agency shall prepare and submit an annual report to the Human Resources Committee of the Senate and the Health and Ecology Committee of the House of Representatives about its opera tions and decisions for the preceding 12 month period, not later than 30 days prior to each convening of the General Assembly in regular session. Either committee may request any additional reports or information, in cluding decisions, from the planning agency at any time, including a pe riod in which the General Assembly is not in regular session.
31-6-47. (a) Notwithstanding the other provisions of this chapter, this chapter shall not apply to:
(1) Infirmaries operated by educational institutions for the sole and exclusive benefit of students, faculty members, officers, or employees thereof;
(2) Infirmaries or facilities operated by businesses for the sole and exclusive benefit of officers or employees thereof, provided that such infir maries or facilities make no provision for overnight stay by persons re ceiving their services;
(3) Institutions operated exclusively by the federal government or by any of its agencies;
(4) Offices of private physicians or dentists whether for individual or group practice;
(5) Christian Science sanatoriums operated or listed and certified by the First Church of Christ Scientist, Boston, Massachusetts;
(6) Site acquisitions for health care facilities or preparation or de velopment costs for such sites prior to the decision to file a certificate of need application;
(7) Expenditures related to adequate preparation and development of an application for a certificate of need;
(8) The commitment of funds conditioned upon the obtaining of a certificate of need;

TUESDAY, FEBRUARY 15, 1983

999

(9) Expenditures for acquisition of existing health care facilities, by stock or asset purchase, merger, consolidation, or other lawful means, or acquisitions of certificates of need owned by such facilities to be acquired;
(10) Expenditures for the repair of a health care facility, or parts thereof or services provided or equipment used therein, or replacement or upgrading of equipment, including, but not limited to, CT scanners;
(11) Capital expenditures otherwise covered by this chapter required solely to eliminate or prevent safety hazards as defined by federal, state, or local fire, building, environmental, occupational health, or life safety codes or regulations, to comply with licensing requirements of the De partment of Human Resources, or to comply with accreditation stan dards of the Joint Commission on Accreditation of Hospitals;
(12) Cost overruns whose percentage of the cost of a project is equal to or less than the cumulative annual rate of increase in the composite construction index, published by the Bureau of the Census of the Depart ment of Commerce, of the United States government, calculated from the date of approval of the project;
(13) Transfers from one health care facility to another such facility of major medical equipment previously approved under or exempted from certificate of need review, except where such transfer results in the insti tution of a new clinical health service for which a certificate of need is required in the facility's acquiring said equipment, provided that such transfers are recorded at net book value of the medical equipment as recorded on the books of the transferring facility; and
(14) New institutional health services provided by or on behalf of health maintenance organizations or related health care facilities in cir cumstances defined by the planning agency pursuant to federal law.
(b) The planning agency shall establish, by rule, procedures whereby requirements for the process of review and issuance of a certificate of need may be modified and expedited as a result of emergency situations.
(c) By rule, the planning agency shall establish a procedure for ex pediting or waiving reviews of certain projects the nonreview of which it deems compatible with the purposes of this chapter, in addition to ex penditures exempted from review by this Code section.
31-6-48. The State Health Planning and Development Agency, the State-wide Health Coordinating Council, and the State Health Planning Review Board existing immediately prior to the effective date of this chapter are abolished, and their respective successors on and after the effective date of this chapter shall be the Health Planning Agency, the Health Policy Council, and the Health Planning Review Board, as estab lished in this chapter. For purposes of any existing contract with the fed eral government, or federal law referring to such abolished agency, coun cil, or board, the successor agency, council, or board established in this chapter shall be deemed to be the abolished agency, council, or board and shall succeed to the abolished agency's, council's, or board's func-

1000

JOURNAL OF THE SENATE

tions. The State Health Planning and Development Commission is abolished.
31-6-49. In order to assure an orderly transition between the state entities responsible for health planning and the operation of the certifi cate of need program prior to the effective date of this chapter and those entities so responsible after the effective date of this chapter, the follow ing provisions shall apply:
(1) All matters pending before the State Health Planning and De velopment Agency, the State Health Planning Review Board, and the State-wide Health Coordinating Council prior to the effective date of this chapter shall automatically be transferred to the respective successor agencies created by this chapter;
(2) No later than July 5, 1983, the health planning agency will pro pose rules in accordance with the procedures set forth in Code Section 31-6-21;

(3) Prior to and until the effective date of any portion of the rules provided for in paragraph (2) of this Code section, the rules of the State Health Planning and Development Agency in effect on June 30, 1983, will remain in effect as the rules for the Health Planning Agency and for the Health Planning Review Board, except for procedural rules promul gated by the review board. The rules in effect on June 30, 1983, if not inconsistent with this chapter, shall govern the procedures of the plan ning agency created by this chapter, and certificate of need decisions made by the Health Planning Agency and the Health Planning Review Board before the effective date of any portion of the new rules referenced in paragraph (2) of this Code section; and
(4) If all or any part of the rules of the planning agency proposed in accordance with paragraph (2) of this Code section are objected to as provided in Code Section 31-6-21 of this chapter, and the planning agency determines that it cannot render a decision on an application or class of applications without such rule or rules or parts thereof, it may impose a temporary moratorium on the receipt of or action on any certifi cate of need applications, which are affected by the rule or part to which objection has been made. This moratorium shall include applications pending on the date of such objections and shall serve as an automatic extension of the time limits for decision on such applications set out in Code Section 31-6-43. Such moratorium shall last no longer than the time at which the rule or rules or parts thereof become effective as pro vided in Code Section 31-5-21 of this chapter, or April 1, 1984, which ever is earlier."
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.

TUESDAY, FEBRUARY 15, 1983

1001

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 Pierre Howard, Chairman

Senate Human Resources Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 14, 1983

SUBJECT: Fiscal Note - Substitute to Senate Bill 121 (LC 3 1750ERS) (SFS) Health Policy Council

This Bill would abolish the state-level health planning structure and create a new structure including an agency, council, and review board. The Bill would increase the thresholds for the amount of proposed expenditures which must be approved through a certificate of need from $150,000 to $600,000 for construction and from $150,000 to $400,000 for equipment. The Bill would allow for collecting fees to fund the cost of the certificate of need program.

The fiscal impact of this Bill cannot be determined. The cost of the new Health Policy Council, Health Planning Agency, and review board will ap proximate the costs of the existing entities. Any savings resulting from the collection of fees will be dependent on the fee schedules developed by the agency. The fiscal impact resulting from the denial of certificates of need will be dependent on the effectiveness of the provisions of the new law as written and as implemented. The provisions increasing the thresholds for the amount of proposed expenditures which must be approved through a certifi cate of need would decrease the amount of expenditures which would be reviewed and be subject to denial. During calendar year 1982 the agency denied $809,000 of expenditures which would not be reviewed under the new thresholds. Based on assumptions and estimates, the denied expendi tures resulted in avoided annual costs to the state's health insurance pro grams of $37,969.

/s/ W.M. Nixon State Auditor

/s/ C.T. Stevens, Director Office of Planning and Budget

Senator Holloway of the 12th offered the following amendment:
Amend the substitute to SB 121 offered by Senators Greene of the 26th, Howard of the 42nd and Barnes of the 33rd by inserting on Page 24, line 33, between the words "agency" and "who" the following:

1002

JOURNAL OF THE SENATE

"or any county or municipal government in whose boundary the pro posed project will be located".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

On the adoption of the substitute to SB 121 offered by the Senate Committee on Human Resources, the yeas were 6, nays 35, and the substitute was lost.

On the adoption of the substitute to SB 121 offered by Senators Greene of the 26th, Howard of the 42nd and Barnes of the 33rd, the yeas were 43, nays 6, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to by substitute as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bowen Brannon Brantley Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd

Land Lester Littlefield McGill Peevy Perry Phillips Scott of 43rd Starr Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Bond

Scott of 2nd

Tate

Brown of 47th

Scott of 36th

Those not voting were Senators:

Allgood

Foster (excused)

McKenzie

TUESDAY, FEBRUARY 15, 1983

1003

On the passage of the bill, the yeas were 48, nays 5.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Greene of the 26th moved that SB 121 be immediately transmitted to the House.
On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 121 was immediately transmitted to the House.
Senator Coverdell of the 40th moved that Senator Harrison of the 37th be excused from the Senate on January 31, the Thirteenth Legislative Day, and each legislative day up to and including Friday, February 11, the Twenty-fourth Legislative Day, due to his illness and hospitalization.
On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Harri son of the 37th was excused from the Senate on January 31, the Thirteenth Legislative Day, through February 11, the Twenty-fourth Legislative Day.
The following general resolutions and bills, favorably reported by the committees, were read the third time and put upon their passage:
SR 89. By Senator Hine of the 52nd: A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia, to Mr. and Mrs. Frank J. Baia, Jr.
Senator Brown of the 47th offered the following amendment: Amend SR 89 by striking from Section 5 on line 8 of Page 3 the word
"and" and inserting in lieu thereof the word "or".
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the 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:

1004

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brannon Brantley
Brown of 47th
BurS Cobb Coggin Coverdell Dawkins Deal Dean English

Engram Fincher Garner Gillis Hill Hine
Holloway
Krt0n, Howard Hudgins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd
Scott of 36th
?C" f 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner

Those not voting were Senators:

Allgood Broun of 46th Coleman Foster (excused)

Greene Harris Harrison

Huggins Tysinger Walker

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

SB 225. By Senator Engram of the 34th:
A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Anno tated, relating to consent for surgical or medical treatment, so as to provide that a patient or any person or entity designated by the patient may be provided with the patient's health records.

Senators Engram of the 34th and Greene of the 26th offered the following substi tute to SB 225:

A BILL TO BE ENTITLED AN ACT
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide that a patient or any person or entity designated by the patient may be provided with the patient's health records; to provide definitions; to provide conditions and procedures; to provide exceptions; to

TUESDAY, FEBRUARY 15, 1983

1005

provide costs; to provide for other rights; to provide for applicability; to pro vide that there shall be no liability upon good faith compliance; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at the end thereof a new Chapter 31 to read as follows:
"CHAPTER 31
31-31-1. As used in this chapter, the term:
(1) 'Patient' means any person who has received health care services from a provider.
(2) 'Provider' means all hospitals, including public, private, osteopathic, and tuberculosis hospitals; other special care units, including podiatric facilities, skilled nursing facilities, and kidney disease treatment centers, including freestanding hemodialysis units; intermediate care fa cilities; ambulatory surgical or obstetrical facilities; health maintenance organizations; and home health agencies. It shall also mean any person licensed to practice under Chapter 9, 11, 26, 34, 35, or 39 of Title 43.
(3) 'Record' means a patient's health record, including, but not lim ited to, evaluations, diagnoses, prognoses, laboratory reports, X-rays, pre scriptions, and other technical information used in assessing the patient's condition, or the pertinent portion of the record relating to a specific con dition or a summary of the record.
31-31-2. (a) Upon written request from the patient, a provider shall furnish a complete and current copy of the patient's record.
(b) Any record requested under subsection (a) of this Code section shall be furnished to the patient, any other provider designated by the patient, or any other person designated by the patient.
(c) If the provider reasonably determines that disclosure of the re cord to the patient will be detrimental to the physical or mental health of the patient, the provider may refuse to furnish the record; however, upon such refusal, the patient's record shall, upon written request by the pa tient, be furnished to any other provider designated by the patient and who is licensed under the same chapter of Title 43 as the provider from whom the record has been requested.
(d) Requests and designations on behalf of a patient who is a minor may be made by such minor's parent or guardian.
31-31-3. (a) The party requesting the patient's records shall be re sponsible to the provider for the reasonable costs of preparing and fur nishing the patient's record. Payment of such costs may be required by the provider prior to the records being furnished.
(b) The rights granted to a patient under this article are in addition to any other rights a patient may have relating to access to his records.

1006

JOURNAL OF THE SENATE

31-31-4. The provisions of this chapter shall not apply to psychiatric or other mental health records of a patient.
31-31-5. Any provider releasing information in good faith pursuant to the provisions of this chapter shall not be civilly or criminally liable to the patient, guardian, parent, or any other person for such release."
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 30, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brannon
DBrroanwtnleyorf 4A7t^h
P"Bruy,r,t,on Coggin Coverdell Dawkins Deal Dean English Engram

Fincher Garner Gillis Greene Harrison
HHijln1 e
H.H. oolrltoown ay Howard Hudgins Huggins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry
SPhcoiltltiPosf 2n(J
SnSccoo^tttt oofrf 43.1361 rthdj Stumbaugh Tate Thompson Timmons Trulock Turner Walker

Those not voting were Senators:

Allgood Broun of 46th Coleman

Foster (excused) Harris

Starr Tysinger

On the passage of the bill, the yeas were 49, nays 0.

TUESDAY, FEBRUARY 15, 1983

1007

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 224. By Senators Phillips of the 9th, Barnes of the 33rd and Greene of the 26th:
A bill to amend Code Section 51-2-6 of the Official Code of Georgia Anno tated, relating to liability for injuries caused by animals, so as to change the conditions under which owners and keepers of animals are liable for injuries caused by their animals.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 224:

A BILL TO BE ENTITLED AN ACT
To amend Code Section 51-2-7 of the Official Code of Georgia Anno tated, relating to liability for injuries caused by animals, so as to change the conditions under which owners and keepers of animals are liable for injuries caused by their animals; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 51-2-7 of the Official Code of Georgia Anno tated, relating to liability for injuries caused by animals, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 51-2-7 to read as follows:
"51-2-7. A person who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act shall be liable in damages to the person so injured. However, in proving vicious propensity, it shall not be necessary that the injured party prove that the animal had previously committed the specific act causing the injury or that the owner knows of the propensity of the animal to do the specific type of harm causing the injury."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, 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:

1008

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Barker Barnes Bowen Brantley Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Dean English Engram Fincher

Garner Gillis Harrison Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Land Lester Littlefield McGill

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Brannon

Deal

Hudgins

Those not voting were Senators:

Allgood Bond Broun of 46th

Coleman Foster (excused) Greene

Harris Starr

On the passage of the bill, the yeas were 45, nays 3.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 23. By Senator Scott of the 43rd:
A bill to amend Code Section 35-1-4 of the Official Code of Georgia Anno tated, relating to stolen motor vehicles and the filing of reports in connection therewith, so as to provide that the owner of a motor vehicle which has been stolen and subsequently recovered shall not be charged storage fees on the recovered motor vehicle.
Senators Scott of the 43rd, Barnes of the 33rd and Greene of the 26th offered the following substitute to SB 23:

A BILL TO BE ENTITLED AN ACT
To amend Code Section 35-1-4 of the Official Code of Georgia Anno tated, relating to stolen motor vehicles and the filing of reports in connection

TUESDAY, FEBRUARY 15, 1983

1009

therewith, so as to provide that the owner of a motor vehicle which has been stolen and subsequently recovered shall not be charged storage fees on the recovered motor vehicle until the expiration of a certain period of time fol lowing notification to the owner of the recovery of such motor vehicle; to provide for other matters relative to the foregoing; to provide for construc tion relative to the duties of the Georgia Crime Information Center; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 35-1-4 of the Official Code of Georgia Anno tated, relating to stolen motor vehicles and the filing of reports in connection therewith, is amended by striking subsection (a) in its entirety and substitut ing in lieu thereof a new subsection (a) to read as follows:
"(a) It shall be the duty of every law enforcement officer who re ceives a report based on reliable information that any motor vehicle has been stolen or that the license plate for such vehicle has been stolen or lost, to report the theft or loss to the department immediately after re ceiving such information, unless prior thereto information has been re ceived of the recovery of the vehicle or plates. It shall be the duty of any person who reports the theft of a motor vehicle to provide the law en forcement agency to which the report of theft was made and the depart ment with a means of contacting the owner of the stolen motor vehicle or the successor in interest to such owner in the event of the recovery of the motor vehicle. The report shall be made to the department by reporting the loss or theft to the nearest State Patrol post. Any law enforcement officer, upon receiving information of the recovery of any motor vehicle or license plate which has previously been reported as stolen or lost, shall immediately report the recovery of the motor vehicle or plate directly to the department. It shall be the duty of the department or the recovering law enforcement agency, either by telephone or by direct contact with the owner, or the successor in interest to the owner, to notify the owner or such successor in interest immediately when a previously reported sto len motor vehicle has been recovered, and the owner or successor in inter est shall not be charged or otherwise incur any storage fee on the recov ered stolen motor vehicle until the expiration of at least 24 hours immediately following such notification to the owner or the successor in interest. This requirement shall be included in the rules and regulations of the board promulgated pursuant to subsection (b) of this Code section. If, after a reasonable attempt, the department or the recovering law en forcement agency is unable to contact the owner or the successor in inter est to the owner, a record of such fact shall be made and filed with the incident reports and posted in the record required to be maintained by Code Section 17-5-50."
Section 2. Said Code section is further amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) The provisions of this Code section shall not be construed to affect the responsibilities of the Georgia Crime Information Center as provided by paragraph (14) of Code Section 35-3-33."

1010

JOURNAL OF THE SENATE

Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal English Fincher

Gillis Greene Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield McGill

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Cobb Coggin Garner

Harris Hill

Thompson Timmons

Those not voting were Senators:

Allgood Broun of 46th

Dean Engram

Foster (excused)

On the passage of the bill, the yeas were 44, nays 7.

The bill, having received the requisite constitutional majority, was passed by substitute.

TUESDAY, FEBRUARY 15, 1983

1011

SR 79. By Senator Barnes of the 33rd: A resolution designating the George W. Thompson, Sr. Bridge.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Gillis Greene Harris Hill Hine Horton Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Broun of 46th Foster (excused)

Garner Harrison

Holloway Trulock

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The President announced that the Senate would stand in recess from 12:20 o'clock P.M. until 2:00 o'clock P.M.

At 2:00 o'clock P.M., the President called the Senate to order.

1012

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 on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:

HB 207. By Representatives McDonald of the 12th, Burruss and Wilson of the 20th and others:
A bill to provide supplementary appropriations for the fiscal year ending June 30, 1983, in addition to any other appropriations heretofore and here after made for the operation of state government and the purposes provided for herein.

The Speaker has appointed as a Committee of Conference on the part of the House the following members:

Representatives McDonald of the 12th, Burruss of the 20th and Collins of the 144th.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 220. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state debt, investment, and depositories, so as to change under requirement that at least one signature on public securities be manually subscribed.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Bowen Brannon Brantley

Broun of 46th Brown of 47th Bryant Burton Cobb

Coggin Coleman Coverdell Dawkins Deal

Dean Fincher Garner Gillis Greene Harris Harrison Hill Hine Horton Howard

TUESDAY, FEBRUARY 15, 1983

1013

Hudgins Huggins Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy Perry

Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Timmons Trulock Turner Walker

Those not voting were Senators:

Allgood Bond English

Engram Foster (excused) Holloway

Scott of 36th Thompson 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 bill of the House was taken up for the purpose of considering the House action thereon:

HB 207. By Representatives McDonald of the 12th, Burruss and Wilson of the 20th and others:
A bill to provide supplementary appropriations for the fiscal year ending June 30, 1983, in addition to any other appropriations heretofore or hereaf ter made for the operation of state government and the purposes provided for herein.

Senator Starr of the 44th moved that the Senate adhere to the Senate substitute to HB 207, 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 207.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Starr of the 44th, Holloway of the 12th and Kennedy of the 4th.

1014

JOURNAL OF THE SENATE

The following general bills and resolution of the Senate and House, favorably re ported by the committees, were read the third time and put upon their passage:

SB 202. By Senator Barnes of the 33rd:
A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to the conduct of meetings of state and local govern ment departments, agencies, and authorities, so as to completely revise and supersede said chapter; to provide an effective date.

The Senate Committee on Judiciary and Constitutional Law offered the following amendment:
Amend SB 202 by striking the word "formal" from line 21 on Page 2 and inserting in lieu thereof the word "official".

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On 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 Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Engram Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative were Senators Hill and Hudgins.

TUESDAY, FEBRUARY 15, 1983

1015

Those not voting were Senators:

Fincher

Foster (excused)

Littlefield

On the passage of the bill, the yeas were 51, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

SR 49. By Senators Allgood of the 22nd and tester of the 23rd:
A resolution authorizing the placing of a portrait of Honorable Richard A. Dent in the State Capitol Building.

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 Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Fincher Garner Gillis Greene Harrison Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land tester tittlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Engram Foster (excused)

Harris

Huggins

On the adoption of the resolution, the yeas were 52, nays 0.

1016

JOURNAL OF THE SENATE

The resolution, having received the requisite constitutional majority, was adopted.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

HB 130. By Representatives Walker of the 115th, Evans of the 84th, Smyre of the 92nd and Jackson of the 9th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide procedures and sanctions for violations of the offense of driving under the influence of alcohol or drugs.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to HB 130:

A BILL TO BE ENTITLED AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to amend and revise the laws relating to the criminal penalties and administrative sanctions imposed for operating a motor vehicle while under the influence of alcohol or drugs; to provide pro cedures and sanctions for violations of the offense of driving under the influ ence of alcohol or drugs; to provide for applicability; to provide definitions; to provide for the surrender of the drivers' licenses of individuals charged with driving under the influence of alcohol or drugs; to provide for the issu ance of temporary driving permits; to provide for the disposition of drivers' licenses; to provide for the suspension and revocation of the drivers' licenses of individuals convicted of driving under the influence of alcohol or drugs; to provide limitations of periods of suspensions; to provide for the reinstate ment of suspended drivers' licenses; to limit the applicability of certain pro visions of the Code subject to the provisions of the article dealing with viola tions of the offense of driving under the influence of alcohol or drugs; to provide for the reinstatement of driving privileges upon attending certain courses and programs; to provide for the suspension of the driver's license of any individual convicted of homicide by vehicle in the first degree; to pro vide that it shall be unlawful to be in actual control of any moving vehicle with 0.10 percent or more by weight of alcohol in the blood; to provide pen alties for convictions of that offense; to change the penalties for a conviction of the offense of driving under the influence of alcohol or drugs; to change the penalties for a conviction of related offenses; to change the period of time during which prior violations shall be considered; to provide for the conditions under which such penalties may be suspended, stayed, or pro bated; to limit the authority to suspend, stay, or probate these penalties; to provide that certain courts shall be authorized to impose these penalties not withstanding limits in municipal charters; to authorize certain courts to pro bate, stay, or suspend sentences imposed for certain offenses; to provide that the provisions of Code Section 17-10-3 of the Official Code of Georgia An notated, relating to general punishment for misdemeanors including traffic

TUESDAY, FEBRUARY 15, 1983

1017

offenses, and the provisions of Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, shall not apply to certain convictions; to change the penalty imposed for violations of homicide by vehicle in the first degree; to allow certain evidence to be introduced at trials; to change certain references to the offense of driv ing under the influence of alcohol or drugs to include the offense of being in actual control of any moving vehicle with 0.10 percent or more by weight of alcohol in the blood; to provide for all other matters relative to the forego ing; to amend Code Section 15-11-49 of the Official Code of Georgia Anno tated, relating to juvenile traffic offenses, so as to continue the exception which states that driving under the influence of alcohol or drugs shall not constitute a juvenile traffic offense; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding between Article 3 and Article 4 of Chapter 5 of said title a new Article 3.1 to read as follows:
"ARTICLE 3.1
40-5-67. From and after September 1, 1983, the provisions of this article shall apply to all cases in which an individual is charged with violating the provisions of Code Section 40-6-391, relating to operating a motor vehicle while under the influence of alcohol or drugs. All provi sions of this Code which are applicable to traffic offenses generally and to violations of Code Section 40-6-391 shall continue to be applicable to the extent that such provisions are not inconsistent with the provisions of this article.
40-5-68. As used in this article, the term:
(1) 'Code Section 40-6-391' means Code Section 40-6-391 of the Official Code of Georgia Annotated, as now or hereafter amended, and any local ordinance adopted pursuant to Article 14 of Chapter 6 of Title 40, which ordinance adopts the provisions of Code Section 40-6-391.
(2) 'Conviction' means a forfeiture of bail or other collateral depos ited to secure a defendant's appearance in court; the imposition of a fine or imprisonment, regardless of whether such fine or imprisonment is sus pended, probated, stayed, or rebated; a plea of guilty; a finding of guilt; or a plea of nolo contendere.
40-5-69. (a) Whenever an individual is charged with violating Code Section 40-6-391, the law enforcement officer shall take the driver's li cense of the individual so charged. The driver's license shall be attached to the court's copy of the uniform traffic citation and complaint form and shall be forwarded to the court having jurisdiction of the offense. A copy of the uniform traffic citation and complaint form shall be forwarded, within 15 days of issue, to the Department of Public Safety. Taking the driver's license as required in this Code section shall not prohibit any law enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17.

1018

JOURNAL OF THE SENATE

(b) At the time the law enforcement officer takes the driver's li cense, he shall issue a temporary driving permit to the individual. This temporary driving permit shall be valid until the expiration of 180 days, or until the individual's driving privilege is suspended or revoked under any provision of this title. The Department of Public Safety, at its sole discretion, may delay the expiration date of the temporary driving per mit, but in no event shall this delay extend beyond the date when such individual's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of the temporary permit may be delayed.
(c) (1) If the individual is convicted of violating Code Section 40-6391, the court shall, within 15 says, forward the individual's driver's li cense and the record of the disposition of the case to the Department of Public Safety. At this time, the court shall also require the individual to surrender the temporary driving permit issued pursuant to subsection (b) of this Code section.
(2) If the individual is not convicted of violating Code Section 40-6391, the court shall return the driver's license to the individual, unless the individual refused to submit to a blood alcohol test as required by Code Section 40-5-55. If the individual refused to submit to such test, the driver's license shall be forwarded to the Department of Public Safety for disposition in accordance with Code Section 40-5-55 unless the individual can show that he prevailed at a hearing which was held in accordance with subsection (d) of Code Section 40-5-55.
40-5-70. (a) The driver's license of any individual convicted of vio lating Code Section 40-6-391 shall by operation of law be suspended, and such suspension shall be subject to the terms and conditions provided in subsection (b) of this Code section.
(b) (1) The driver's license of any individual convicted of violating Code Section 40-6-391 shall be suspended as follows:
(A) Upon the first conviction, the period of suspension shall be for one year. At the end of 120 days, the person may apply to the Depart ment of Public Safety for reinstatement of his driver's license. Such li cense shall be reinstated if the person submits proof of completion of a certified and approved basic alcohol or drug course from an approved driver improvement clinic and pays a restoration fee of $25.00;
(B) Upon the second conviction within five years, the period of sus pension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if the person submits proof of completion of a certified and approved advanced alcohol or drug program from an approved driver improvement clinic and pays a restoration fee of $25.00; and
(C) Upon the third conviction within five years, such person shall be a habitual violator, and his license shall be indefinitely suspended pend ing revocation. The Department of Public Safety shall revoke such indi-

TUESDAY, FEBRUARY 15, 1983

1019

vidual's driver's license as provided in Code Section 40-5-58 and Code Section 40-5-62.
(2) Notwithstanding the provisions of paragraph (1) of this subsec tion which provide for the early reinstatement of an individual's driver's license, the Department of Public Safety shall not reinstate the driver's license during any period of suspension imposed under subsection (b) of Code Section 40-5-63.
(c) The periods of suspension provided for in this Code section shall begin on the date the individual is convicted of violating Code Section 40-6-391.
(d) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the de partment may require such tests of driving skill and knowledge as it de termines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance.
(e) The commissioner may, before returning a license to a person prior to the full period of a suspension, require such person to maintain and present proof of present and future minimum motor vehicle insur ance coverage as defined in paragraph (8) of Code Section 40-5-1 for a period not to exceed the remaining full period of suspension. If a person who is required to maintain present and future motor vehicle insurance coverage ceases to maintain such coverage, that person's license shall be come immediately suspended without further action by the department and the person shall forthwith surrender his license to the department. The license shall remain suspended until present and future minimum motor vehicle insurance coverage is restored or no longer required. The department shall establish by rules and regulations the method and man ner by which present and future minimum motor vehicle insurance cover age shall be proved and maintained, provided that when the full period of suspension has run, the license shall unconditionally be returned to the driver.
40-5-71. (a) Any person convicted of violating Code Section 40-6391 who has not been convicted of violating said Code section within the preceding five years may apply to the Department of Public Safety for a limited driving permit.
(b) Applications for limited driving permits shall be made upon such forms as the commissioner may prescribe. Such forms shall require such information as is necessary for the department to determine the need for such permit. All applications shall be signed by the applicant before a person authorized to administer oaths.
(c) The department shall issue a limited driving permit if the appli cation indicates that refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this Code section, 'extreme hardship' means that the applicant cannot reasonably obtain other trans portation, and therefore the applicant would be prohibited from:
(1) Going to his place of employment or performing the normal du ties of his occupation;

1020

JOURNAL OF THE SENATE

(2) Receiving scheduled medical care or obtaining prescription drugs;
(3) Attending a college or school at which he is regularly enrolled as a student; or
(4) Attending under court order any driver education or improve ment school approved by the court which entered the judgment of convic tion resulting in suspension of his driver's license or by the commissioner.
(d) A limited driving permit shall be endorsed with such conditions as the department deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions:
(1) Specific places between which the permittee may be allowed to operate a motor vehicle;
(2) Routes to be followed by the permittee;
(3) Times of travel;
(4) The specific vehicles which the permittee may operate; and
(5) Such other restrictions as the department may require.
(e) A permit issued pursuant to this Code section shall be nonrenewable and shall become invalid upon the expiration of 120 days following the conviction of violating Code Section 40-6-391.
(f) No official or employee of the department shall be criminally or civilly liable for issuing a limited driving permit as provided for in this Code section.
(g) (1) Any permittee who is convicted of violating any state law or local ordinance to which Code Section 40-5-54 or Code Section 40-5-70 is applicable or any permittee who is convicted of violating the conditions endorsed on his permit shall have his permit revoked. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the Department of Public Safety with a copy of the conviction.
(2) Any person whose limited driving permit has been revoked shall not be eligible for reinstatement of his driver's license until six months from the date such permit was revoked under this subsection.
(h) The department shall not issue a limited driving permit to any person whose driver's license has been suspended under the provisions of Code Section 40-5-55; and any limited driving permit issued under this Code section shall immediately be revoked if, subsequent to its issue, the permittee's driving privilege is suspended under the provisions of Code Section 40-5-55.
(i) Any person whose permit has been revoked, or who has been refused a permit by the department, may make a request in writing for a hearing to be provided by the department. Such hearing shall be pro-

TUESDAY, FEBRUARY 15, 1983

1021

vided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Appeal from such hearing shall be in accordance with said Act.
(j) The department may promulgate such rules and regulations as are necessary to implement this Code section.
(k) Any permittee who operates a vehicle in violation of any condi tion specified on the permit shall be guilty of a misdemeanor."
Section 2. Said title is further amended by striking Code Section 40-554. relating to mandatory suspensions of drivers' licenses, in its entirety and substituting in lieu thereof a new Code Section 40-5-54 to read as follows:
"40-5-54. The department shall forthwith suspend, as provided in Code Section 40-5-63, the license of any driver upon receiving a record of such driver's conviction of the following offenses, whether charged as a violation of state law or of a local ordinance adopted pursuant to Article 14 of Chapter 6 of this title:
(1) Homicide by vehicle, as defined by Code Section 40-6-393;
(2) Manslaughter resulting from the operation of a vehicle;
(3) Reserved;
(4) Any felony in the commission of which a motor vehicle is used;
(5) Failure to stop, render aid, or identify himself as required by Code Section 40-6-271;
(6) Knowingly making a false affidavit or statement under oath or affirmation to the department under this chapter or any other law relat ing to the ownership or operation of motor vehicles;
(7) Racing on highways and streets;
(8) Using a motor vehicle in fleeing or attempting to elude an officer;
(9) Fraudulent or fictitious use of a license; or
(10) Hit and run or leaving the scene of an accident."
Section 3. Said title is further amended by striking Code Section 40-555. relating to implied consent to blood alcohol tests, in its entirety and sub stituting in lieu thereof a new Code Section 40-5-55 to read as follows:
"40-5-55. (a) The State of Georgia considers that the persons who are under the influence of alcohol or drugs while operating a motor vehi cle or who have a blood alcohol content of 0.10 percent or greater while operating a motor vehicle constitute a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who oper ates a motor vehicle upon the highways of this state shall be deemed to have given consent, subject to Code Section 40-6-392, to a chemical test

1022

JOURNAL OF THE SENATE

or tests of his blood, breath, or urine or other bodily substances, for the purpose of determining the alcoholic or drug content of his blood if ar rested for any offense arising out of acts alleged to have been committed in violation of Code Section 40-6-391. The test or tests shall be adminis tered at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual phys ical control of a motor vehicle upon the highways of this state in violation of Code Section 40-6-391. Subject to Code Section 40-6-392, the re questing law enforcement officer shall designate which of the aforesaid tests shall be administered.
(b) Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal shall be deemed not to have with drawn the consent provided by subsection (a) of this Code section, and the test or tests may be administered, subject to Code Section 40-6-392.
(c) If a person under arrest refuses, upon the request of a law en forcement officer, to submit to a chemical test designated by the law en forcement officer as provided in subsection (a) of this Code section, no test shall be given; but the department, upon the receipt of a sworn re port of the law enforcement officer that he had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle upon the highways of this state in violation of Code Section 40-6-391 and that the person had refused to submit to the test upon the request of the law enforcement officer, shall in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and except as otherwise provided in this Code section, notify the person that his license is to be suspended, subject to review as provided for in this chapter.
(d) The person so notified may request a hearing within ten days from the date of receipt of notice sent by certified mail. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Adminis trative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. If no hearing is requested within the ten days specified above, the right to a hearing shall have been waived and the license of the driver shall be suspended.
(e) If the suspension is sustained after such a hearing, the person whose license has been suspended under this Code section shall have a right to file for a judicial review of the department's final decision, as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Pro cedure Act'; while such appeal is pending, the order of the department shall not be stayed."
Section 4. Said title is further amended by adding immediately follow ing subsection (c) of Code Section 40-5-56, relating to suspensions of driv ers' licenses for failing to respond to a citation, a new subsection (d) to read as follows:
"(d) The provisions of this Code section shall not apply to persons charged with violating Code Section 40-6-391. Such persons shall be sub-

TUESDAY, FEBRUARY 15, 1983

1023

ject to having their drivers' licenses suspended as provided in Article 3.1 of this Chapter."
Section 5. Said title is further amended by striking subsection (0 of Code Section 40-5-58, relating to habitual violators, in its entirety and sub stituting in lieu thereof a new subsection (0 of Code Section 40-5-58 to read as follows:
"(0 If a person's license was revoked for a violation of Code Section 40-6-391 resulting from a motor vehicle collision in which any person lost his life, the person whose license was revoked shall not be entitled to a probationary license as set forth in this Code section."
Section 6. Said title is further amended by striking in its entirety Code Section 40-5-63, relating to periods of suspension, and substituting in lieu thereof a new Code Section 40-5-63 to read as follows:
"40-5-63. (a) Any person who is convicted of an offense listed in Code Section 40-5-54 or has such points assessed against him as to re quire the suspension of his license pursuant to Code Section 40-5-57 shall, except as provided in subsection (f) of this Code section, have his license suspended as follows:
(1) Upon a first conviction of any such offense or assessment of the requisite points, the period of suspension shall be one year, provided that at any time after 60 days of suspension, such person may apply to the department for the return of his license;
(2) For a second conviction of any such offense or assessment of the requisite points within five years, the period of suspension shall be three years, provided that at any time after 90 days of suspension, such person may apply to the department for the return of his license;
(3) For a third assessment of requisite points or third conviction of any such offense within five years, such person shall be considered a ha bitual violator, and his license shall be revoked as provided for in para graph (1) of subsection (a) of Code Section 40-5^62. For the purposes of this paragraph, all accepted pleas of nolo contendere shall be considered convictions.
(b) Any suspension made pursuant to Code Section 40-5-55 shall be for six months; provided, however, that, where a person who has refused to submit to a test or tests provided for in Code Section 40-5-55 has been charged with homicide by a vehicle as provided in Code Section 40-6393, the suspension shall be for 12 months.
(c) The periods of suspension provided for in this Code section shall begin on the date the license is surrendered to and received by the de partment, or from the date a license is surrendered to a court under any provision of this chapter, whichever date shall first occur. If the license cannot be surrendered to the department, the period of suspension shall begin on the date an affidavit setting forth the reasons for such impossi bility is accepted by the department.
(d) In all cases in which the department may return a license to a

1024

JOURNAL OF THE SENATE

driver prior to the termination of the full period of suspension, the de partment may require such tests of driving skill and knowledge as it de termines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance, and the driver shall pay a fee of $10.00 for the return of his license.
(e) The commissioner may, before returning a license to a person prior to the full period of a suspension, require such person to maintain and present proof of present and future minimum motor vehicle insur ance coverage as defined in paragraph (8) of Code Section 40-5-1 for a period not to exceed the remaining full period of suspension. If a person who is required to maintain present and future motor vehicle insurance coverage ceases to maintain such coverage, that person's license shall be come immediately suspended without further action by the department and the person shall forthwith surrender his license to the department. The license shall remain suspended until present and future minimum motor vehicle insurance coverage is restored or no longer required. The department shall establish by rules and regulations the method and man ner by which present and future minimum motor vehicle insurance cover age shall be proved and maintained, provided that when the full period of suspension has run, the license shall unconditionally be returned to the driver.
(f) Any person convicted of violating subsection (a) of Code Section 40-6-393, relating to homicide by vehicle, shall have his license sus pended for a period of three years. Such person shall not be eligible for early reinstatement of his driver's license as provided in this Code section or in Article 4 of this chapter and shall not be eligible for a limited driving permit as provided in Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homicide by vehicle in the first degree shall constitute a conviction."
Section 7. Said title if further amended by striking subsection (a) of Code Section 40-5-64, relating to limited driving permits, and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Notwithstanding any contrary provisions of Code Section 40-557 or 40-5-63 or any other Code sections of this chapter, any person may apply for a limited driving permit when and only when that person's driver's license has been suspended pursuant to accumulating 15 or more points for traffic violations in any 24 month period.
Section 8. Said title is further amended by striking Code Section 40-584, relating to reinstatement of licenses, in its entirety and substituting in lieu thereof a new Code Section 40-5-84 to read as follows:
"40-5-84. (a) The license of any person whose license is suspended for the first time as a result of the conviction of an offense listed in Code Section 40-5-54 or as a result of the assessment of points pursuant to Code Section 40-5-57, shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an ap proved defensive driving course and the payment of a restoration fee of $20.00.
(b) The license of any person whose license is suspended for the sec-

TUESDAY, FEBRUARY 15, 1983

1025

ond time as a result of the conviction of an offense listed in Code Section 40-5-54 or as a result of the assessment of points pursuant to Code Sec tion 40-5-57, shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an advanced defensive driving course and the payment of a restoration fee of $20.00."
Section 9. Said title is further amended by striking Code Section 40-585, relating to reinstatement of licenses, in its entirety and substituting in lieu thereof a new Code Section 40-5-85 to read as follows:
"40-5-85. (a) The license of any person whose license is suspended for the first time as a result of the commission of the offense of driving or being in actual physical control of a motor vehicle in violation of Code Section 40-6-391 shall be reinstated as provided in Code Section 40-5-70.
(b) The license of any person whose license is suspended for the sec ond time as a result of the commission of the offense of driving or being in actual physical control of a motor vehicle in violation of Code Section 40-6-391 shall be reinstated as provided in Code Section 40-5-70."
Section 10. Said title is further amended by striking subsection (b) of Code Section 40-5-121, relating to driving with a suspended or revoked li cense, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) The department, upon receiving a record of the conviction of any person under this Code section upon a charge of driving a vehicle while the license of such person was suspended or revoked, shall extend the period of suspension or revocation for an additional year if the prior suspension or revocation was imposed under Code Section 40-5-54, 40-557, or 40-5-70. If the prior suspension was imposed under any other pro vision of this chapter, or any other provision of Georgia law, the depart ment shall extend the period of suspension for an additional six months. The additional periods of suspension or revocation provided for in this Code section shall begin on the date the license is surrendered to the department or a court of competent jurisdiction, or the conviction date of the offense, whichever date is later."
Section 11. Said title is further amended by striking paragraph (3) of Code Section 40-6-3, relating to the applicability of traffic laws, in its en tirety and substituting in lieu thereof a new paragraph (3) of Code Section 40-6-3 to read as follows:
"(3) The provisions of this chapter relating to reckless driving, driv ing in violation of Code Section 40-6-391, and homicide by vehicle shall apply to vehicles operated upon highways and elsewhere throughout the state."
Section 12. Said title is further amended by striking Code Section 40-6391 in its entirety, which reads as follows:
"40-6-391. (a) A person shall not drive or be in actual physical con trol of any moving vehicle while:
(1) Under the influence of alcohol;

1026

JOURNAL OF THE SENATE

(2) Under the influence of any drug to a degree which renders him incapable of driving safely; or
(3) Under the combined influence of alcohol and any drug to a de gree which renders him incapable of driving safely.
(b) The fact that any person charged with violating this Code sec tion is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section.
(c) Every person convicted of violating this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not less than ten days nor more than one year, or by a fine of not less than $100.00 nor more than $1,000.00, or by both such fine and imprisonment. On a second or subsequent conviction within three years, he shall be punished by imprisonment for not less than 90 days nor more than one year, and, in the discretion of the court, a fine of not more than $1,000.00. The foregoing limitations on punishment also shall apply when a defendant has been convicted of violating, by a single transaction, more than one of the three provisions of subsection (a) of this Code section. No provision of this Code section shall be construed so as to deprive the court imposing the sentence of the power given by law to the court to stay or suspend the execution of such sentence or to place the defendant on probation.",
and inserting in lieu thereof a new Code Section 40-6-391 to read as follows:
"40-6-391. (a) A person shall not drive or be in actual physical con trol of any moving vehicle while:
(1) Under the influence of alcohol;
(2) Under the influence of any drug to a degree which renders him incapable of driving safely;
(3) Under the combined influence of alcohol and any drug to a de gree which renders him incapable of driving safely; or
(4) There is 0.10 percent or more by weight of alcohol in his blood.
(b) The fact that any person charged with violating this Code sec tion is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section.
(c) Every person convicted of violating this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows:
(1) First conviction:
(A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation; and
(B) A period of imprisonment of not less than ten days nor more than one year, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated;

TUESDAY, FEBRUARY 15, 1983

1027

(2) For the second conviction within a five-year period of time:
(A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation; and
(B) (i) A period of imprisonment of not less than 90 days nor more than one year. The judge, at his sole discretion and under such terms and conditions as he shall impose, may suspend, stay, or probate all but 48 hours of any term of imprisonment imposed under this paragraph (2).
(ii) The judge, at his sole discretion, may suspend, stay, or probate the minimum 48 hours term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that a condition of the suspension, stay, or probation of the minimum 48 hour term of imprisonment shall be that the defendant shall perform not less than 80 hours of community service; and
(3) For the third or subsequent conviction within a five-year period of time:
(A) A fine of $1,000.00, which fine shall not be subject to suspen sion, stay, or probation; and
(B) (i) A mandatory period of imprisonment of not less than 120 days nor more than one year. The judge, at his sole discretion and under such terms and conditions as he shall impose, may suspend, stay, or pro bate all but ten days of any term of imprisonment imposed under this paragraph.
(ii) The judge, at his sole discretion, may suspend, stay, or probate the minimum ten-day term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that a condition of the suspension, stay, or probation of the minimum ten-day term of imprisonment shall be that the defendant shall perform not less than 30 days of community service.
(d) (1) Notwithstanding the limits set forth in any municipal char ter, any recorder's, mayor's, or police court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section.
(2) Notwithstanding any provision of this Code to the contrary, any court authorized to hear cases involving violations of Code Section 40-6391 shall be authorized to exercise the power to probate, suspend, or stay any sentence imposed. Such power shall, however, be limited to the con ditions and limitations imposed by subsection (c) of this Code section.
(e) The foregoing limitations on punishment also shall apply when a defendant has been convicted of violating, by a single transaction, more than one of the four provisions of subsection (a) of this Code section.
(f) The provisions of Code Section 17-10-3 of the Official Code of Georgia Annotated, relating to general punishment for misdemeanors in cluding traffic offenses, and the provisions of Article 3 of Chapter 8 of

1028

JOURNAL OF THE SENATE

Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, shall not apply to any person convicted of violating any provision of this Code section."
Section 13. Said title is further amended by striking Code Section 40-6392, relating to chemical tests for alcohol or drugs, in its entirety and substi tuting in lieu thereof a new Code Section 40-6-392 to read as follows:
"40-6-392. (a) Upon the trial of any civil or criminal action or pro ceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-391, evidence of the amount of alcohol or drug in a person's blood at the alleged time, as determined by a chem ical analysis of the person's blood, urine, breath, or other bodily sub stance shall be admissible. Where such a chemical test is made, the fol lowing provisions shall apply:
(1) Chemical analysis of the person's blood, urine, breath, or other bodily substance, to be considered valid under this Code section, shall have been performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation and by an indi vidual possessing a valid permit issued by the Division of Forensic Sci ences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation is authorized to approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, which shall be subject to termi nation or revocation at the discretion of the Division of Forensic Sciences;
(2) When a person shall undergo a chemical test at the request of a law enforcement officer under Code Section 40-5-55, only a physician, registered nurse, laboratory technician, or other qualified person may withdraw blood for the purpose of determining the alcoholic content therein, provided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, or other quali fied person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer;
(3) The person tested may have a physician or a qualified techni cian, chemist, registered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any adminis tered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer;
(4) Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or his attor ney. The arresting officer at the time of arrest shall advise the person arrested of his rights to a chemical test or tests according to this Code section;
(5) Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 cubic centimeters of blood.

TUESDAY, FEBRUARY 15, 1983

1029

(b) Upon the trial of any civil or criminal action or proceeding aris ing out of acts alleged to have been committed by any person in violation of Code Section 40-6-391, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions:
(1) If there was at that time 0.05 percent or less by weight of alco hol in the person's blood, it shall be presumed that the person was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391;
(2) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of sub section (a) of Code Section 40-6-391, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391;
(3) If there was at that time 0.10 percent or more by weight of alcohol in the person's blood, it shall be presumed that the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391;
(4) If there was at that time 0.10 percent or more of weight of alco hol in the person's blood, the person shall be in violation of paragraph (4) of subsection (a) of Code Section 40-6-391.
(c) In any criminal trial, the refusal of the defendant to permit a chemical analysis to be made of his blood, breath, urine, or other bodily substance at the time of his arrest shall be admissible in evidence against him."
Section 14. Said title is further amended by striking subsection (a) of Code Section 40-6-393, which reads as follows:
"(a) Any person who, without malice aforethought, causes the death of another person through the violation of Code Section 40-6-271, 40-6390, 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.",
and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any person who, without malice aforethought, causes the death of another person through the violation of Code Section 40-6-271, 40-6390, 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years."
Section 15. Said title is further amended by striking Code Section 40-

1030

JOURNAL OF THE SENATE

13-53, relating to the release of certain persons for certain offenses, in its entirety and substituting in lieu thereof a new Code Section 40-13-53 to read as follows:
"40-13-53. (a) Subject to the exceptions set out in subsection (b) of this Code section, any officer who arrests any person for the violation of a traffic law or traffic ordinance alleged to have been committed outside the corporate limits of any municipality shall permit such person to be released upon being served with a citation and complaint and agreeing to appear, as provided in this article, unless such officer has reasonable and probable grounds to believe that the person will not obey such citation and agreement to appear.
(b) Persons arrested for the following offenses may not be released as provided in subsection (a) of this Code section:
(1) Operating a motor vehicle in violation of Code Section 40-6-391;
(2) Any motor vehicle registration violation;
(3) Speeding in excess of 15 miles per hour over the speed limit; or
(4) Any other offense which the court has excepted by order.
(c) The court may, by its order, add to the exceptions set out in subsection (b) of this Code section but shall have no authority to remove any of such exceptions."
Section 16. Code Section 15-11-49 of the Official Code of Georgia An notated, relating to juvenile traffic offenses, is amended by striking subsec tion (c) in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) A juvenile traffic offense shall not include any offense to which Code Section 40-5-54 or Code Section 40-5-70 is applicable."
Section 17. This Act shall become effective on September 1, 1983.
Section 18. All laws and parts of laws in conflict with this Act are repealed.

Senator Garner of the 30th offered the following amendment:
Amend the substitute to HB 130 offered by the Senate Committee on Judiciary and Constitutional Law by adding on Page 6 after line 11 a new subsection to read as follows:
"(D) Upon the second conviction within twelve months, the motor vehicle operated by such person shall be declared contraband and subject to forfeiture to the state."

On the adoption of the amendment, the yeas were 7, nays 38, and the amendment was lost.

TUESDAY, FEBRUARY 15, 1983

1031

Senator Scott of the 2nd offered the following amendment:
Amend the substitute to HB 130 offered by the Senate Committee on Judiciary and Constitutional Law by striking from line 3 of Page 23 the following:
"probation",
and inserting in lieu thereof the following:
"probation but shall be reduced by the amount provided in subsec tion (g) of this Code section".
And by striking from line 16 of Page 24 the following: "section'.",
and inserting in lieu thereof the following:
"section.
(g) Upon the third or subsequent conviction within a five-year period of time, the court shall order the defendant to receive an alcohol or drug abuse evaluation from a substance abuse program approved by the De partment of Human Resources. The fine imposed by subparagraph (A) of paragraph (3) of subsection (c) of this Code section shall be reduced by the cost to the defendant of such evaluation but such reduction shall not exceed $100.00.'"

On the adoption of the amendment, the yeas were 29, nays 11, and the amend ment was adopted.

Senator Scott of the 2nd offered the following amendment:
Amend the substitute to HB 130 offered by the Senate Committee on Judiciary and Constitutional Law by striking from line 2 of Page 6 the following:
"clinic",
and inserting in lieu thereof the following:
"clinic and submits proof of an evaluation from and, when pre scribed by such evaluation, active participation in a substance abuse pro gram approved by the Department of Human Resources".
And by striking from line 16 of Page 24 the following: "section'.",
and inserting in lieu thereof the following:
"section,
(g) Upon the second or subsequent conviction within a five-year pe-

1032

JOURNAL OF THE SENATE

riod of time, the court shall order the defendant to receive an alcohol or drug abuse evaluation from a substance abuse program approved by the Department of Human Resources.' "

On the adoption of the amendment, the yeas were 29, nays 15, and the amend ment was adopted.

Senators Greene of the 26th and Barnes of the 33rd offered the following amendment:
Amend the substitute to HB 130 offered by the Senate Committee on Judiciary and Constitutional Law by striking from line 17 and line 18 of Page 2 the following:
"homicide by vehicle in the first degree;",
and inserting in lieu thereof the following:
"certain provisions of Code Section 40-6-393, relating to homicide by vehicle;".

By striking lines 23 through line 33 of Page 27 and lines 1 through line 10 of Page 28 and inserting in lieu thereof the following:
"Section 14. Said title is further amended by striking in its entirety Code Section 40-6-393, which reads as follows:
'40-6-393. (a) Any person who, without malice aforethought, causes the death of another person through the violation of Code Section 40-6^ 271, 40-6-390, 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.
(b) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than Code Section 40-6-271, 40-6-390, 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.
(c) Any person who, after being declared a habitual violator as de termined under Code Section 40-5-58 and while such person's license is in revocation, causes the death of another person, without malice afore thought, by operation of a motor vehicle, commits the offense of homi cide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than ten years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary.',

TUESDAY, FEBRUARY 15, 1983

1033

and inserting in lieu thereof a new Code Section 40-6-393 to read as follows:
'40-6-393. (a) Any person who, without malice aforethought, causes the death of another person through the violation of Code Section 40-6271, 40-6-390, 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years.
(b) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than Code Section 40-6-271, 40-6-390, 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.
(c) Any person who, after being declared a habitual violator as de termined under Code Section 40-5-58 and while such person's license is in revocation, causes the death of another person, without malice afore thought, by operation of a motor vehicle, commits the offense of homi cide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years, and adjudication of guilt or imposition of such sentence for a per son so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary.'"

On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

The President resumed the Chair.

On 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 Burton Cobb Coggin

Coleman Coverdell Dawkins Deal Dean English

1034

JOURNAL OF THE SENATE

Engram Fincher Garner Gillis Greene Harris Harrison Hill Hine Horton Howard Hudgins

Huggins Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd

Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bryant

Foster (excused)

Holloway

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 104. By Representatives Parham of the 105th and Atkins of the 21st:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to authorize the exclusion from controlled substances schedules of certain nonnarcotic substances.
Senate Sponsor: Senator Fincher of the 54th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Brannon Brantley Broun of 46th Brown of 47th Burton Cobb

Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher

Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton

TUESDAY, FEBRUARY 15, 1983

1035

Howard Hudgins Huggins KKiedndnedy
Land
tester Littlefield

McGill McKenzie Peevy PPherilrlyips
Scott of 2nd
Scott of 36th Scott of 43rd

Starr Stumbaugh Tate TTh, ompson
Trulock
Turner Walker

Those not voting were Senators:

Bond Bowen

Bryant Foster (excused)

Timmons Tysinger

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 391. By Representatives Murphy of the 18th, Connell of the 87th, Karrh of the 109th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, and adult education, so as to pro vide for the State Board of Education and the commissioner of public safety to establish jointly an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle.
Senate Sponsor: Senator Barnes of the 33rd.

Senators Barker of the 18th, Allgood of the 22nd and Walker of the 19th offered the following amendment:
Amend HB 391 by adding on Page 3, after line 11, a new subsection to read as follows:
"(0 The provisions of this Act shall not be incumbent upon any lo cal board of education until funds are appropriated by the State to im plement any provision of this Act required of local boards of education."

On the adoption of the amendment, Senator Garner of the 30th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bowen Brannon

Brown of 47th Burton Engram

Fincher Garner Gillis

1036
Harris Harrison Hill Hine Hudgins Huggins

JOURNAL OF THE SENATE

Kennedy Kidd Littlefield McGill McKenzie Perry

Scott of 36th Stumbaugh Tate Trulock Turner Walker

Those voting in the negative were Senators:

Barnes Brantley Broun of 46th Cobb Coggin Coleman Coverdell

Dawkins Deal Dean Greene Horton Howard Land

Lester Peevy Phillips Scott of 2nd Scott of 43rd Starr Thompson

Those not voting were Senators:

Allgood Bond Bryant

English Foster (excused) Holloway

Timmons Tysinger

On the adoption of the amendment, the yeas were 27, nays 21, and the amend ment was adopted.

Senator Barnes of the 33rd moved that the Senate reconsider its action in adopting the amendment offered by Senators Barker of the 18th, Allgood of the 22nd and Walker of the 19th.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Brantley Broun of 46th Cobb Coggin
Coleman Coverdell Dawkins

Deal Dean Garner Greene Harris
Horton Howard Land

Lester Peevy Phillips 0 .. f ., , Scott of 43rd
Starr Thompson Trulock

TUESDAY, FEBRUARY 15, 1983

1037

Those voting in the negative were Senators:

Barker Bowen
Brannon Brown of 47th BEnugrtroanm Fincher Gillis Harrison

Hill Hine
Hudgins ,, ins TKX ennedjy Kidd Littlefield McGill

McKenzie Perry
Scott of 2nd s f 36th S^ tumbL aughi. Tate Turner Walker

Those not voting were Senators:

Allgood Bond Bryant

English Foster (excused) Holloway

Timmons Tysinger

On the motion, the yeas were 23, nays 25; the motion was lost, and the adoption of the amendment was not reconsidered.

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:

Barker Barnes Bowen Brannon Brantley Broun of 46th _B. rown ofp 4A7litih BBruyrtaonnt
CCoogbgbin
Coleman Coverdell Dawkins Deal Dean Engram

Fincher Garner Gillis Greene Harris Harrison H Ti-lIlI HHoinreton
HHouwdgairnds
Huggins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips o tt f 9 . O Stc-UoLttl U ofl i3.H6Uth cScot..t off 4,,3,rd,
Sttuarmrb, augh,
Tate Thompson Timmons Trulock Turner Walker

1038

JOURNAL OF THE SENATE

Those not voting were Senators:

Allgood Bond

English Foster (excused)

Holloway Tysinger

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 133. By Representatives Walker of the 115th, Evans of the 84th and Smyre of the 92nd: A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to provide for two additional members on the council.
Senate Sponsors: Senators Dean of the 31st and Hudgins of the 15th.
Senator Garner of the 30th offered the following amendment:
Amend HB 133 by striking on Page 1, line 3, the word "two" and in serting in lieu thereof the word "three",
and
By striking on Page 1, line 17, the figure "18" and inserting in lieu thereof the figure "19",
and
By adding on Page 1, line 23, after the word "Council" and before the word "the" the following:
"the Commissioner of the Department of Offender Rehabilitation,".

On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bowen Brannon Brantley

Broun of 46th Brown of 47th Bryant Burton Cobb

Coggin Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Garner Gillis Greene Harris Harrison Hill Hine Horton

TUESDAY, FEBRUARY 15, 1983

1039

Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy Perry

Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Walker

Those not voting were Senators:

Allgood Bond

Foster (excused) Holloway

Trulock Tysinger

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 128. By Representatives Beck of the 148th, Pinkston of the 100th, Ramsey of the 3rd and others:
A bill to amend Chapter 4 of Title 7 of the Official Code of Georgia Anno tated, relating to interest and usury, so as to provide for higher rates of interest under certain conditions; to provide for a maximum rate of interest on certain loans.
Senate Sponsor: Senator Lester of the 23rd.

The Senate Committee on Banking and Finance offered the following substitute to HB 128:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 4 of Title 7 of the Official Code of Georgia Anno tated, relating to interest and usury, so as to provide for higher rates of interest under certain conditions; to provide the method of expressing inter est; to provide for exceptions; to provide for a maximum rate of interest on certain loans; to provide that certain items shall not be considered interest or taken into consideration in the calculation of interest or subject to rebate; to specify the method of rebating unearned interest; to define "interest"; to provide for exceptions; to provide that any retail installment contract per taining to a manufactured home or any consumer loan secured by such a home shall contain certain consumer credit contract provisions; to provide

1040

JOURNAL OF THE SENATE

for a penalty for violations; to preserve certain benefits; to define certain terms; to prohibit certain advertising; to provide that there shall be no liabil ity for advertising violations under certain conditions; to provide for an ex ception; to provide for penalties; to prohibit class actions; to authorize the Department of Banking and Finance to bring civil actions; to authorize the industrial loan commissioner to bring civil actions under certain conditions; to override the federal preemptions pertaining to loans, mortgages, credit sales, advances, and certain business and agricultural loans; to repeal spe cific laws relating to interest rates on certain types of loans; to repeal a Code section relating to refunds on loans on which the interest is calculated under the add-on interest method and paid off prior to maturity; to repeal a com prehensive law relating to the interest rate and finance charges which may be imposed and collected on loans secured by secondary security deeds on residential real property; to provide for other matters relative to the forego ing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 7 of the Official Code of Georgia Anno tated, relating to interest and usury, is amended by striking Code Section 74-2, relating to the legal rate of interest and the maximum rate of interest generally, in its entirety and substituting in lieu thereof a new Code Section 7-4-2 to read as follows:
7-4-2. (a) (1) The legal rate of interest shall be 7 percent per annum simple interest where the rate percent is not established by a written con tract. Notwithstanding the provisions of other laws to the contrary, ex cept Code Section 7-4-18, the parties may establish any rate of interest, expressed in simple interest terms as of the date of the evidence of the indebtedness, and charges and any manner of repayment, prepayment, or, subject to the provisions of paragraph (1) of subsection (b) of this Code section, acceleration, agreed upon in writing by the parties where the principal amount involved is more than $3,000.00 or where the lender or creditor has committed to lend, advance, or forbear with respect to any loan, advance, or forbearance to enforce the collection of more than $3,000.00. Nothing contained in this subsection shall be construed to prohibit the computation and collection of interest at a variable rate or on a negative amortization basis or on an equity participation basis or on an appreciation basis.
(2) Where the principal amount involved is $3,000.00 or less, such rate shall not exceed 16 percent per annum simple interest on any loan, advance, or forbearance to enforce the collection of any sum of money unless the loan, advance, or forbearance to enforce the collection of any sum of money is made pursuant to another law.
(3) As used in this Code section, the term 'interest' means a charge for the use of money computed over the term of the contract at the rate stated in the contract or precomputed at a stated rate on the scheduled principal balance or computed in any other way or any other form. Prin cipal includes such charges to which the parties may agree under para graph (1) of subsection (a) of this Code section. Amounts paid or con tracted to be paid as either an origination fee or discount points, or both,

TUESDAY, FEBRUARY 15, 1983

1041

on any loan secured by an interest in real estate shall not be considered interest and shall not be taken into consideration in the calculation of interest and shall not be subject to rebate as provided in paragraph (1) of subsection (b) of this Code section.
(b) (1) Upon acceleration of the maturity of any loan, advance of money, or forbearance to enforce the collection of any sum of money upon which interest has been precomputed, unearned interest shall be rebated to the debtor in such amount as would result in the rate of inter est earned being no greater than the rate of interest established by the original contract. In the case of a loan in which the principal and the interest for the entire term of the loan are included in the face amount of the loan and the loan is to be paid back in weekly, monthly, quarterly, semiannual or yearly installments, with the interest and principal por tions of each installment determined under the pro rata method, any such rebate shall be determined on the pro rata method.
(2) Unless stipulated in the contract, there shall be no prepayment penalty.
(c) Nothing contained in this Code section shall be construed to amend or modify the provisions of the 'Georgia Industrial Loan Act,' the 'Retail Installment and Home Solicitation Sales Act,' The Lender Credit Card Act,' the 'Insurance Premium Finance Company Act,' Part 5 of Article 3 of Chapter 12 of Title 44, relating to pawnbrokers, and, except as provided in Code Section 7-4-3, the 'Motor Vehicle Sales Fi nance Act.'"
Section 2. Said chapter is further amended by striking Code Section 74-3, relating to the flexible maximum rate of interest on real estate loans, in its entirety and substituting in lieu thereof a new Code Section 7-4-3 to read as follows:
7-4-3. (a) Notwithstanding the provisions of subsections (a) through (c) of Code Section 10-1-33, any retail installment contract pertaining to:
(1) Any manufactured home with a cash sale price of more than $3,000.00; or
(2) Any motor vehicle with a cash sale price of $25,000.00 or more
may provide for such finance charge as the parties may agree in writing.
(b) (1) Any retail installment contract pertaining to a manufactured home or any consumer loan secured by such a home shall contain the contract provisions required by subsection (c) of Section 501 of the De pository Institutions Deregulation and Monetary Control Act of 1980, Public Law 96-221 (12 U.S.C. 1735f-7, notes).
(2) Any person violating this subsection shall be subject to the liabil ity specified in Code Section 7-4-5; but the contract or loan shall still be entitled to the benefits of the other provisions of Code Section 7-4-2.
(c) As used in this Code section, the term:

1042

JOURNAL OF THE SENATE

(1) 'Finance charge' means the amount agreed upon between the buyer and the seller to be added to the cash sale price and, if a separate charge is made therefor, the amount, if any, included for insurance and other benefits and official fees, in determining the time sale price.
(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 permanent founda tion when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the require ments of this paragraph except the size requirements 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.
(3) 'Retail installment contract' or 'contract' means an instrument or instruments creating a purchase money security interest or any instru ment evidencing an obligation secured by a purchase money security interest."
Section 3. Said chapter is further amended by striking Code Section 74-4, relating to the maximum rate of interest on installment loans and secur ity for principal and interest, in its entirety and substituting in lieu thereof a new Code Section 7-4-4 to read as follows:
7-4-4. (a) No person shall advertise in or through any newspaper, radio, television, letter, circular, billhead or in any way or through any medium any rate of interest or finance charge pertaining to any con sumer credit transactions other than a rate stated in simple interest terms or a rate stated in terms which would comply with the federal Truth in Lending Simplification and Reform Act, Public Law 96-221 (15 U.S.C. 57(a) and 1602 et seq.).
(b) There is no liability under this Code section on the part of any owner or personnel of any medium in which an advertisement appears or through which it is disseminated when the publisher, owner, agent, or employee did not have knowledge of the false, misleading, or deceptive character of the advertisement, did not prepare the advertisement, or did not have a direct financial interest in the sale or distribution of the adver tised product or service.
(c) Nothing contained in this Code section shall be construed to amend, modify, or repeal any of the provisions of Part 2 of Article 15 of C19h7ap5t.e'"r 1 of Title 10, known as the 'Fair Business Practices Act of
Section 4. Said chapter is further amended by striking Code Section 74-5, relating to the maximum interest rate on loans secured by deposits or savings accounts and higher rates if federal requirements apply, in its en tirety and substituting in lieu thereof a new Code Section 7-4-5 to read as follows:

TUESDAY, FEBRUARY 15, 1983

1043

7-4-5. (a) Any person who fails to comply with subsection (b) of Code Section 7-4-3 or Code Section 7-4-4 with respect to any person is liable to such person in an amount equal to the sum of:
(1) Any actual damage sustained by such person as a result of the failure; and
(2) Twice the amount of any interest or finance charge contracted for in connection with the transaction, except that the liability under this paragraph shall not be less than $100.00 nor greater than $1,000.00.
(b) Such liability may be asserted in an individual action only and may not be the subject of a class action."
Section 5. Said chapter is further amended by adding a new subsection (c) at the end of Code Section 7-4-18, relating to criminal penalty for exces sive interest, to read as follows:
"(c) Nothing contained in Code Section 7-4-2 or 7-4-3 shall be con strued to amend or modify the provisions of this Code section."
Section 6. Said chapter is further amended by adding a new Code Sec tion 7-4-19 at the end of Article 1 to read as follows:
"7-4-19. The Department of Banking and Finance or the industrial loan commissioner may bring an appropriate civil action to enforce any provision of this chapter whether by injunction or otherwise in any supe rior court of this state having jurisdiction over one or more defendants. In the case of a loan made pursuant to this chapter by a licensee under Chapter 3 of Title 7, relating to industrial loans, such action shall be brought by the industrial loan commissioner. In the case of any other loan, the action shall be brought by the Department of Banking and Finance."
Section 7. Said chapter is further amended by adding a new Code Sec tion 7-4-20 at the end of Article 1 to read as follows:
"7-4-20. In enacting Code Section 7-4-2 through 7-4-5, the General Assembly exercises its prerogative:
(1) Under subsection (b)(2) of Section 501 of the Depository Insti tutions Deregulation and Monetary Control Act of 1980, Public Law 96221 (12 U.S.C. 1735f-7, notes), and declares that the provisions of sub section (a)(l) of Section 501 do not apply to loans, mortgages, credit sales, and advances made in the State of Georgia on and after March 31, 1983; and
(2) Under Section 512 of that act, Public Law 96-221 (12 U.S.C. 86a, notes), and declares that the provisions which preempt the law of this state in Section 511 of that act do not apply to business and agricul tural loans in amounts of $1,000.00 or more made in the State of Geor gia on and after March 31, 1983."
Section 8. (a) Said chapter is further amended by repealing the follow ing Code sections:

1044

JOURNAL OF THE SENATE

(1) Code Section 7-4-3.1, relating to the maximum interest rate on loans by insured financial corporations.
(2) Code Section 7-4-6, relating to the removal of the interest rate payable by profit corporations or persons on nonconsumer loans in excess of $3,000.00.
(3) Code Section 7-4-7, relating to the removal of the interest rate on loans of $100,000.00 or more.
(4) Code Section 7-4-17.1, relating to refunds of interest on loans on which interest is calculated under the add-on method if the loan is paid off prior to maturity.
in their entirety and substituting in lieu thereof the following:
"7-4-6. Reserved.
7-4-7. Reserved."
(b) Said chapter is further amended by repealing Article 2 of Chapter 4 of Title 7, relating to the rate of interest and finance charges which may be imposed on loans secured by secondary security deeds on residential real property, in its entirety and substituting in lieu thereof a new Article 2 to read as follows:
"ARTICLE 2
Reserved."
Section 9. This Act shall become effective on March 31, 1983.
Section 10. All laws and parts of laws in conflict with this Act are repealed.

Senator Lester of the 23rd offered the following amendment:
Amend the substitute to HB 128 offered by the Senate Committee on Banking and Finance by striking line 16 on Page 13 in its entirety and sub stituting in lieu thereof the following:
"class action; provided, however, this provision shall not apply to any class action pending prior to March 31, 1983.'"

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

TUESDAY, FEBRUARY 15, 1983

1045

On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Allgood Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Garner Gillis Greene Harris Harrison Hill Hine Horton Howard Hudgins Huggins Kennedy Kidd Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Walker

Those voting in the negative were Senators:

Barker

Land

Scott of 2nd

Those not voting were Senators:

Bond Foster (excused)

Holloway

Tysinger

On the passage of the bill, the yeas were 49, nays 3.

The bill, having received the requisite constitutional majority, was passed by substitute.
Serving as doctor of the day today was Dr. Emory Bohler, of Brooklet, Georgia.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.
At 4:25 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

1046

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Wednesday, February 16, 1983 Twenty-ninth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 85. By Representative Adams of the 36th:
A bill to provide for authority; to continue in force and effect as part of the Constitution ratified at the general election in 1982 that Constitutional Amendment Number 76 (Res. Act 22, H.R. 10-35, Ga. L. 1979, p. 1797).

HB 360. By Representative Couch of the 40th:
A bill to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to the legal defense of indigents, so as to provide for a public defender in all counties having a population of 550,000 or more ac cording to the 1980 United States decennial census or any future such census.

HB 410. By Representative Selman of the 32nd:
A bill to amend an Act establishing a new charter for the City of Palmetto, so as to annex into the corporate limits of the city certain property upon which the City of Palmetto reservoir is located.

HB 408. By Representatives Lee, Benefield and Bailey of the 72nd and others:
A bill to provide that the tax commissioner of Clayton County shall retain a specified percentage of educational funds collected by said officer and remit

WEDNESDAY, FEBRUARY 16, 1983

1047

the same to the governing authority of Clayton County to reimburse the county for the cost of collecting school taxes.

HB 409. By Representatives Lee, Benefield and Bailey of the 72nd and others:
A bill to amend Code Section 48-5-405 of the Official Code of Georgia An notated, relating to the levy and collection of tax by municipalities for main tenance of independent school system, so as to repeal a subsection relating to the amount of deductions by county tax officials from school taxes in all counties of this state having a population of not less than 150,300 nor more than 155,000 according to the United States decennial census of 1980 or any future such census.

HB 449. By Representative Padgett of the 86th:
A bill to provide for and create a merit system of employment and personnel administration for employees of the sheriff in Richmond County.

HB 501. By Representatives Childs of the 53rd, Redding of the 50th, Williams of the 48th and others:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for the certain fees of said clerks in all counties of this state having a population of 450,000 or more according to the United States decennial census of 1980 or any future such census.

HB 574. By Representatives Alford and Athon of the 57th, Childs of the 53rd and others:
A bill to amend an Act creating the State Court of DeKalb County, so as to remove certain county residency requirements.

HB 575. By Representatives Parham of the 105th and Lord of the 107th:
A bill to amend an Act providing for the election of members of the board of education of Baldwin County, so as to delete certain provisions regarding compensation and expenses of the board.

HB 577. By Representative Barnett of the 10th:
A bill to amend an Act creating a board of commissioners of Forsyth County, so as to change the composition of the districts from which the members of the board are elected.

HB 578. By Representative Barnett of the 10th:
A bill to change the composition of the districts from which members of the board of education of Forsyth County are elected.

1048

JOURNAL OF THE SENATE

HB 507. By Representatives Richardson of the 52nd, Burruss of the 20th, Marcus of the 26th and others:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to the regulation of hospitals and health care facilities, so as to authorize medical facilities or institutions to grant staff membership and clinical privileges to certain licensed psychologists.

HB 551. By Representatives Chambless of the 133rd, Marcus of the 26th, Phillips of the 125th and Hooks of the 116th:
A bill to amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospital liens, so as to provide for definitions; to provide for liens for nursing home care, treatment, or services.

HB 375. By Representatives Snow of the 1st, Darden of the 20th, Lawson of the 9th and others:
A bill to amend Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to trademarks, service marks, and trade names, so as to increase the renewal fee for the registration of a trademark or ser vice mark.

HB 424. By Representatives Snow of the 1st, Evans of the 84th, Lawson of the 9th and Lambert of the 66th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for the exercise of the powers of an elected constitutional executive office during the period of tem porary disability of the person holding such office.

HB 434. By Representatives Childs of the 53rd, Williams of the 48th, Williams of the 54th and others:
A bill to amend Code Section 15-6-77.2 of the Official Code of Georgia Annotated, relating to the costs for superior court clerk's services in counties with populations of 550,000 or more so as to change the population classifi cation so that said Code section shall apply to all counties of this state hav ing a population of 450,000 or more according to the United States decen nial census of 1980 or any future such census.

HB 437. By Representatives Steinberg of the 46th, Phillips of the 125th and Childers of the 15th:
A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to the profession of nursing, so as to provide for the reinstatement of nurses.

HB 439. By Representative Lambert of the 66th:
A bill to amend Code Section 43-4-11 of the Official Code of Georgia Anno tated, relating to the qualification of applicants for examination or certifi-

WEDNESDAY, FEBRUARY 16, 1983

1049

cate of registration for persons engaged in the occupation of architecture, so as to delete certain provisions relating to examinations.

HB 477. By Representatives Jackson of the 9th, McDonald of the 12th, Milford of the 13th and others:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to define the term "private carrier".

HB 286. By Representative Ware of the 77th:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Anno tated, relating to fees and taxes, so as to provide for an increase in fees.

HB 386. By Representatives Russell of the 64th and Linder of the 44th:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to provide for service of documents.

HB 447. By Representatives Moody of the 153rd, Branch of the 137th, Moore of the 139th and others:
A bill to amend Code Section 27-2-23 of the Official Code of Georgia Anno tated, relating to license, permit, and stamp fees, so as to reduce the sea sonal resident commercial fishing license to $10.00.

HB 504. By Representatives Thompson and Darden of the 20th:
A bill to amend Code Section 44-14-3 of the Official Code of Georgia Anno tated, relating to furnishing of cancellation of indebtedness by grantee upon payment and civil penalty for failure to comply and liability of agents, so as to define the term "revolving loan account".

The House has adopted by the requisite constitutional majority the following reso lutions of the House:

HR 30. By Representatives Ware of the 77th, Lee of the 72nd, Bray of the 91st and others:
A resolution proposing an amendment to the Constitution so as to provide that the office of any state, county, or municipal elective official shall be declared vacant upon such elective official qualifying, in a general election or primary, or special election or special primary, for another state, county, or municipal office or qualifying for the House of Representatives or the Senate of the United States if the term of the office for which such official is qualifying for begins prior to the expiration of such official's present term of office.

1050

JOURNAL OF THE SENATE

HR 216. By Representative Adams of the 16th: A resolution commending the West Rome High School Football Team.

The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 105. By Senator Coverdell of the 40th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Fulton County; to provide for the requirements and procedures of the nonpartisan nomination and election.

SB 133. By Senator Scott of the 36th:
A bill to amend an Act fixing the compensation of the board of commission ers 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 relating to the method by which compensation is changed within the limitations specified by said Act.

SB 140. By Senator Coggin of the 35th:
A bill to authorize the governing authority of Fulton County to adopt ordi nances and regulations for the governing of the policing of the unincorpo rated areas of said county, in accordance with the provisions of the Consti tution of this state and to provide penalties for the violation of such ordinances and to designate the court or courts which shall have jurisdiction in Fulton County over such offenses.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 155. By Senator Coggin of the 35th:
A bill to amend an Act creating the State Court of Fulton County, as amended, so as to authorize the county to pay a publication subsidy to cer tain newspapers for printing the court calendar.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 273. By Senator Kidd of the 25th:
A bill to provide for the appointment of the chief magistrate and other mag istrates of the Magistrate Court of Jones County; to provide for terms of office.
Referred to Committee on Federal, State and Community Affairs.

WEDNESDAY, FEBRUARY 16, 1983

1051

SB 274. By Senator Kidd of the 25th:
A bill to amend an Act placing the judge of the Probate Court of Baldwin County upon an annual salary, as amended, so as to change the provisions relating to the compensation of the judge of the probate court.
Referred to Committee on Federal, State and Community Affairs.

SB 275. By Senator Kidd of the 25th:
A bill to amend an Act creating a new board of commissioners of Jones County, as amended, so as to provide for the election of board members from districts.
Referred to Committee on Federal, State and Community Affairs.

SB 276. By Senator Kidd of the 25th:
A bill to provide for the appointment of the chief magistrate and other mag istrates of the Magistrate Court of Hancock County; to provide for terms of office.
Referred to Committee on Federal, State and Community Affairs.

SB 277. By Senators Gillis of the 20th, Kennedy of the 4th and Walker of the 19th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to authority and procedure for state purchasing, so as to provide for preferential treatment of domestic lumber products in the awarding of public works contracts by the state and its boards, departments, institutions, and political subdivisions.
Referred to Committee on Industry and Labor.

SB 278. By Senators Harrison of the 37th, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner of Cobb County, as amended, so as to change the provisions relating to the compen sation of the tax commissioner and his chief clerk.
Referred to Committee on Federal, State and Community Affairs.

SB 279. By Senators Harrison of the 37th, Brantley of the 56th and Thompson of the 32nd:
A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, as amended, so as to change the boundaries of the seven education districts; to provide for applicability.
Referred to Committee on Federal, State and Community Affairs.

1052

JOURNAL OF THE SENATE

SB 280. By Senators Harrison of the 37th, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, as amended, so as to change the provisions relating to the compensation of the chairman and other mem bers of the board of education.
Referred to Committee on Federal, State and Community Affairs.

SB 281. By Senator Lester of the 23rd:
A bill to amend Chapter 5 of Title 26 of the Official Code of Georgia Anno tated, relating to drug abuse treatment and education programs, so as to change the purpose from ensuring that persons offering treatment are quali fied to do so to that of ensuring that programs offering treatment are li censed to do so.
Referred to Committee on Human Resources.

SB 282. By Senator Barnes of the 33rd:
A bill to amend Code Section 26-62-2 of the Official Code of Georgia Anno tated, relating to definitions concerning development authorities, so as to change the definition of the term "project" whenever used in connection with hotel and motel facilities; to provide an effective date.
Referred to Committee on Judiciary and Constitutional Law.

SB 283. By Senator Hudgins of the 15th:
A bill to amend Chapter 4 of Title 7 of the Official Code of Georgia Anno tated, relating to interest and usury, so as to provide that a claim of viola tion on any loan secured by an interest in real estate may be asserted in an individual action only and may not be the subject of a class action.
Referred to Committee on Banking and Finance.

SR 110. By Senator Phillips of the 9th:
A resolution proposing an amendment to the Constitution so as to provide that no bill raising revenue which will result in an increase in the funds available for appropriation by the General Assembly shall become law with out the approval of two-thirds of the members elected to each branch of the General Assembly.
Referred to Committee on Banking and Finance.

SR 111. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A resolution authorizing and empowering the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the Resource Recovery Development Authority for the City of Savannah, its successors and assigns, an easement over, under, across, and through certain

WEDNESDAY, FEBRUARY 16, 1983

1053

property owned or claimed by the State of Georgia and located in Chatham County.
Referred to Committee on Public Utilities.

SR 112. By Senator Howard of the 42nd:
A resolution authorizing the conveyance of certain real property located in Glynn County, Georgia, to Mrs. Margaret Burke White.
Referred to Committee on Public Utilities.

SR 114. By Senator Hudgins of the 15th: A resolution creating the Lower Chattahoochee River Study Committee.
Referred to Committee on Natural Resources and Environmental Quality.

The following bills and resolution of the House were read the first time and re ferred to committees:

HB 286. By Representative Ware of the 77th:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Anno tated, relating to fees and taxes, so as to provide for an increase in fees.
Referred to Committee on Insurance.

HB 375. By Representatives Snow of the 1st, Darden of the 20th, Lawson of the 9th and others:
A bill to amend Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to trademarks, service marks, and trade names, so as to increase the renewal fee for the registration of a trademark or ser vice mark.
Referred to Committee on Judiciary.

HB 386. By Representatives Russell of the 64th and Linder of the 44th:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to provide for service of documents.
Referred to Committee on Human Resources.

HB 424. By Representatives Snow of the 1st, Evans of the 84th, Lawson of the 9th and Lambert of the 66th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as so provide for the exercise of the powers of an elected constitutional executive office during the period of tem porary disability of the person holding such office.
Referred to Committee on Judiciary and Constitutional Law.

1054

JOURNAL OF THE SENATE

HB 434. By Representatives Childs of the 53rd, Williams of the 48th, Williams of the 54th and others:
A bill to amend Code Section 15-6-77.2 of the Official Code of Georgia Annotated, relating to the costs for superior court clerk's services in counties with populations of 550,000 or more so as to change the population classifi cation so that said Code section shall apply to all counties of this state hav ing a population of 450,000 or more according to the United States decen nial census of 1980 or any future such census.
Referred to Committee on Judiciary and Constitutional Law.

HB 437. By Representatives Steinberg of the 46th, Phillips of the 125th and Childers of the 15th:
A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to the profession of nursing, so as to provide for rein statement of nurses.
Referred to Committee on Human Resources.

HB 439. By Representative Lambert of the 66th:
A bill to amend Code Section 43-4-11 of the Official Code of Georgia Anno tated, relating to the qualification of applicants for examination or certifi cate of registration for persons engaged in the occupation of architecture, so as to delete certain provisions relating to examinations.
Referred to Committee on Industry and Labor.

HB 447. By Representatives Moody of the 153rd, Branch of the 137th, Moore of the 139th and others:
A bill to amend Code Section 27-2-23 of the Official Code of Georgia Anno tated, relating to license, permit, and stamp fees, so as to reduce the sea sonal resident commercial fishing license to $10.00.
Referred to Committee on Natural Resources and Environmental Quality.

HB 477. By Representatives Jackson of the 9th, McDonald of the 12th, Milford of the 13th and others:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to define the term "private carrier".
Referred to Committee on Transportation.

HB 504. By Representatives Thompson and Darden of the 20th:
A bill to amend Code Section 44-14-3 of the Official Code of Georgia Anno tated, relating to furnishing of cancellation of indebtedness by grantee upon payment and civil penalty for failure to comply and liability of agents, so as to define the term "revolving loan account".
Referred to Committee on Banking and Finance.

WEDNESDAY, FEBRUARY 16, 1983

1055

HB 507. By Representatives Richardson of the 52nd, Burruss of the 20th, Marcus of the 26th and others:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to the regulation of hospitals and health care facilities, so as to authorize medical facilities or institutions to grant staff membership and clinical privileges to certain licensed psychologists.
Referred to Committee on Human Resources.

HB 551. By Representatives Chambless of the 133rd, Marcus of the 26th, Phillips of the 125th and Hooks of the 116th:
A bill to amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospital liens, so as to provide for definitions; to provide for liens for nursing home care, treatment, or services.
Referred to Committee on Human Resources.

HR 30. By Representatives Ware of the 77th, Lee of the 72nd, Bray of the 91st and others:
A resolution proposing an amendment to the Constitution so as to provide that the office of any state, county, or municipal elective official shall be declared vacant upon such elective official qualifying, in a general election or primary, or special election or special primary, for another state, county, or municipal office or qualifying for the house of Representatives or the Sen ate of the United States if the term of the office for which such official is qualifying for begins prior to the expiration of such official's present term of office.
Referred to Committee on Governmental Operations.

HB 85. By Representative Adams of the 36th:
A bill to provide for authority; to continue in force and effect as part of the Constitution ratified at the general election in 1982 that Constitutional Amendment Number 76 (Res. Act 22, H.R.10-35, Ga. L. 1979, p. 1797).
Referred to Committee on Federal, State and Community Affairs.

HB 360. By Representative Couch of the 40th:
A bill to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to the legal defense of indigents, so as to provide for a public defender in all counties having a population of 550,000 or more ac cording to the 1980 United States decennial census or any future such census.
Referred to Committee on Federal, State and Community Affairs.

HB 408. By Representatives Lee, Benefield and Bailey of the 72nd and others:
A bill to provide that the tax commissioner of Clayton County shall retain a specified percentage of educational funds collected by said officer and remit

1056

JOURNAL OF THE SENATE

the same to the governing authority of Clayton County to reimburse the county for the cost of collecting school taxes.
Referred to Committee on Federal, State and Community Affairs.

HB 409. By Representatives Lee, Benefield and Bailey of the 72nd and others:
A bill to amend Code Section 48-5-405 of the Official Code of Georgia An notated, relating to the levy and collection of tax by municipalities for main tenance of independent school systems, so as to repeal a subsection relating to the amount of deductions by county tax officials from school taxes in all counties of this state having a population of not less than 150,300 nor more than 155,000 according to the United States decennial census of 1980 or any future such census.
Referred to Committee on Federal, State and Community Affairs.

HB 410. By Representative Selman of the 32nd:
A bill to amend an Act establishing a new charter for the City of Palmetto, so as to annex into the corporate limits of the city certain property upon which the City of Palmetto reservoir is located.
Referred to Committee on Federal, State and Community Affairs.

HB 449. By Representative Padgett of the 86th:
A bill to provide for and create a merit system of employment and personnel administration for employees of the sheriff in Richmond County.
Referred to Committee on Federal, State and Community Affairs.

HB 501. By Representatives Childs of the 53rd, Redding of the 50th, Williams of the 48th and others:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for certain fees of said clerks in all counties of this state having a population of 450,000 or more according to the United States decennial census of 1980 or any future such census.
Referred to Committee on Federal, State and Community Affairs.

HB 574. By Representatives Alford and Athon of the 57th, Childs of the 53rd and others:
A bill to amend an Act creating the State Court of DeKalb County, so as to remove certain county residency requirements.
Referred to Committee on Federal, State and Community Affairs.

WEDNESDAY, FEBRUARY 16, 1983

1057

HB 575. By Representatives Parham of the 105th and Lord of the 107th:
A bill to amend an Act providing for the election of members of the board of education of Baldwin County, so as to delete certain provisions regarding compensation and expenses of the board.
Referred to Committee on Federal, State and Community Affairs.

HB 577. By Representative Barnett of the 10th:
A bill to amend an Act creating a board of commissioners of Forsyth County, so as to change the composition of the districts from which the members of the board are elected.
Referred to Committee on Federal, State and Community Affairs.

HB 578. By Representative Barnett of the 10th:
A bill to change the composition of the districts from which members of the board of education of Forsyth County are elected. Referred to Committee on Federal, State and Community Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Children and Youth has had under consideration the following bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:

HB 361. SB 232. SB 246.

Do pass. Do pass by substitute. Do pass by substitute.

SB 247. Do pass. SB 272. Do pass.

Respectfully submitted,

Senator Hudgins of the 15th District, Chairman

Mr. President:

The Committee on Economic Development and Tourism has had under considera tion the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 213. Do pass by substitute. SR 91. Do pass by substitute.

HB 171. Do pass by substitute. HB 246. Do pass.

Respectfully submitted,

Senator Broun of the 46th District, Chairman

1058 Mr. President:

JOURNAL OF THE SENATE

The Committee on Federal, State and Community Affairs has had under consider ation 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 252. SB 253. SB 264. SR 108. HB 469. HB 470. HB 471. HB 479.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

HB 506. HB 509. HB 514. HB 517. HB 526. HB 527. HR 161.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 242. Do pass.
Respectfully submitted,
Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 141. SB 176. SB 192.

Do pass by substitute. Do pass by substitute. Do not pass.

Respectfully submitted,

Senator Howard of the 42nd District, Chairman

WEDNESDAY, FEBRUARY 16, 1983

1059

Mr. President:

The Committee on Industry and Labor has had under consideration the following bills and of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 58. SB 199. SB 269.

Do pass. Do pass by substitute. Do pass.

Respectfully submitted,

Senator Walker of the 19th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 172. SB 239. SB 240. SR 86.

Do pass. Do pass. Do pass. Do pass.

HB 116. HB 185. HB 381. HB 430.
Respectfully submitted,

Do pass. Do pass. Do pass. Do pass.

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law had had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 194. Do pass by substitute. SB 158. Do pass by substitute.

SB 214. Do pass by substitute. SB 60. Do pass by substitute.

Respectfully submitted,

Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Natural Resources and Environmental Quality has had under

1060

JOURNAL OF THE SENATE

consideration the following bills and resolution of the Senate and House and has in structed me to report the same back to the Senate with the following recommendations:

SB 174. SB 255. SB 256. HB 329.

Do pass. Do pass. Do pass. Do pass.

HB 353. SB 181. SR 75.

Do pass. Do pass. Do not pass.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following reso lutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 83. Do pass. HR 72. Do pass.
Respectfully submitted,
Senator Brown of the 47th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 260. Do pass by substitute.
Respectfully submitted,
Senator Holloway of the 12th District, Chairman

The following bills of the Senate and House were read the second time:

SB 81. By Senator Coverdell of the 40th:
A bill to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain classifications of members of the Employees' Retirement System of Georgia, so as to provide that persons who become employees of the state as a result of a county probation system becoming a part of the state-wide probation system shall have the right to remain members of local retirement systems.

WEDNESDAY, FEBRUARY 16, 1983

1061

SB 93. By Senators Barker of the 18th, Kidd of the 25th and Garner of the 30th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate behavioral science practition ers; to provide a short title; to provide for legislative intent, purpose, and findings.

SB 207. By Senator Kennedy of the 4th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia An notated, relating to staff for district attorneys, so as to provide that certain prior state employment of an assistant district attorney shall be considered as prior employment as an assistant district attorney for purposes of com puting his or her compensation.

SB 229. By Senator Land of the 16th:
A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions applicable to landlords and tenants, so as to provide for intent.

SB 233. By Senators Coleman of the 1st and Bryant of the 3rd:
A bill to amend an Act relating to the school system of the City of Savan nah and Chatham County, as amended, so as to change certain education district designations.

SB 242. By Senator Barnes of the 33rd:
A bill to amend Chapter 10 of Title 13 of the Official code of Georgia An notated, relating to contracts for public works, so as to limit the amount of retained amounts; to provide an effective date.

SB 249. By Senators Harris of the 27th, Greene of the 26th, Cobb of the 28th and others:
A bill to amend Code Section 15-9-13 of the Official Code of Georgia Anno tated, relating to proceedings when a probate judge is disqualified or unable to act, so as to provide that any probate judge may appoint an attorney to act in the place of the judge; to provide an effective date.

SB 251. By Senators Greene of the 26th and Harris of the 27th:
A bill to amend Code Section 25-2-16 of the Official code of Georgia Anno tated, relating to the regulation of hazardous substances, so as to specify and provide for the use of certain type nozzles and valves used in dispensing gasoline and diesel fuel at certain places of business.

1062

JOURNAL OF THE SENATE

HB 81. By Representatives Cox of the 141st, Parham of the 105th, Bargeron of the 108th and others:
A bill to amend Code Section 40-8-92 of the Official Code of Georgia Anno tated, relating to designation of emergency vehicles and the use of flashing or revolving lights so as to provide that permits for emergency vehicles be longing to governmental agencies shall be valid for five years.

HB 139. By Representatives Walker of the 115th, Smyre of the 92nd and Evans of the 84th:
A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to delete certain provisions with regard to prohibited activities of the counsel.

HB 254. By Representative Greer of the 39th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic in general, so as to modify the definition of the term "school bus".

HB 278. By Representatives Bishop of the 94th, Atkins of the 21st, Aaron of the 56th and others:
A bill to amend Code Section 12-3-235 of the Official Code of Georgia An notated, relating to the powers of the Jekyll Island State Park Authority generally, so as to authorize the park authority to sell alcoholic beverages for consumption on the premises only upon certain property operated and controlled by the park authority after obtaining a license from the Depart ment of Revenue.

HB 289. By Representatives Hasty and Anderson of the 8th and Barnett of the 10th:
A bill to amend an Act creating the State Court of Cherokee and Forsyth Counties, so as to provide for the salaries and supplements of the judge and solicitor.

HB 318. By Representative Lane of the 27th:
A bill to amend Article 4 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to vehicles of nonresident students, so as to ex empt residents of states which are members of the Multistate Reciprocity Agreement from the requirement of registering their vehicles in this state.

HB 330. By Representatives Wood of the 9th, Hays of the 1st and Padgett of the 86th:
A bill to amend Code Section 43-12-2 of the Official Code of Georgia Anno tated, relating to the qualifications and submission of satisfactory evidence in order to peddle, conduct business, or practice the professions or semiprofessions without paying for a license, so as to provide that certain additional veterans shall not be required to pay for licenses.

WEDNESDAY, FEBRUARY 16, 1983

1063

HB 332. By Representatives Hasty of the 8th and Darden of the 20th:
A bill to amend Code Section 15-6-88 of the Official Code of Georgia Anno tated, relating to minimum annual salaries for clerks of the superior courts, so as to change the salary in certain counties.

HB 334. By Representatives Hasty and Anderson of the 8th:
A bill to amend an Act incorporating the City of Canton, so as to change the corporate limits thereof.

HB 335. By Representatives Logan of the 67th, Murphy of the 18th, Argo of the 68th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to com memorate the bicentennial of the founding of the University of Georgia.

HB 355. By Representatives Hays of the 1st, Wood and Jackson of the 9th, and others:
A bill to amend Code Section 40-5-103 of the Official Code of Georgia An notated, relating to fees collected by the Department of Public Safety for issuing identification cards, so as to provide that the department shall not be authorized to collect a fee from certain persons.

HB 371. By Representatives Coleman of the 118th and Colwell of the 4th:
A bill to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Jekyll Island--State Park Authority Act," so as to provide that any fire department operated by the authority shall have the powers of a fire department of a county, municipality, or other political subdivision.

HB 401. By Representatives Irvin of the llth, Reaves of the 147th, Crawford of the 5th and others:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for the bonding and regulation of livestock deal ers, brokers, packers, and market operators.

HB 486. By Representative Crawford of the 5th:
A bill to amend an Act creating a new charter for the City of Summerville in Chattooga County, so as to create the position of city manager.

1064

JOURNAL OF THE SENATE

HB 487. By Representative Maddox of the 7th: A bill to provide a new charter for the City of Calhoun, Georgia.

HB 488. By Representatives Benefield, Bailey and Johnson of the 72nd and others:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.

HB 489. By Representatives Benefield, Bailey and Johnson of the 72nd and others:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the provisions relative to the compensation of the chairman.

HB 490. By Representatives Benefield, Bailey and Johnson of the 72nd and others:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relative to the compensation of the tax commissioner.

HB 491. By Representatives Benefield, Bailey and Johnson of the 72nd and others:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers.

HB 496. By Representatives Benefield, Bailey and Holcomb of the 72nd and others:
A bill to amend an Act creating the State Court of Clayton County, so as to increase the salary of the solicitor of said court.

HB 498. By Representatives Benefield, Bailey and Johnson of the 72nd and others:
A bill to amend an Act creating the State Court of Clayton County, so as to change the provisions relating to the compensation of the judges and solici tor of said court.

HB 499. By Representative Edwards of the 112th:
A bill to amend an Act creating a new charter for the City of Reynolds, so as to change the provisions relating to bids for contracts for labor or materi als to be furnished to the city.

WEDNESDAY, FEBRUARY 16, 1983

1065

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 132. By Senators Bond of the 39th and Scott of the 36th:
A bill to amend an Act establishing a Municipal Court of the City of At lanta (now a division of the State Court of Fulton County), as amended, so as to abolish the Office of Justice of the Peace and of Notary Public Ex Officio Justice of the Peace and Constable in Fulton County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 210. By Senator Timmons of the llth:
A bill to repeal an Act relating to the jurisdiction of a probate judge of Chattahoochee County and the compensation of the clerk of superior court when serving as clerk of the probate court; said Act being contingent upon the enactment of an act providing for the compensation of the superior court clerk including special provisions where 50 percent of the population resides on United States government property.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 211. By Senator Timmons of the llth:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Chattahoochee County, known as the fee system; to provide in lieu thereof an annual salary.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1066

JOURNAL OF THE SENATE

SB 219. By Senators Phillips of the 9th and Peevy of the 48th:
A bill to amend an Act relating to education districts for the election of members of the Board of Education of Gwinnett County, so as to provide for new and different districts and the election of members therefrom; to provide for all related matters; to provide effective dates.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 235. By Senators Littlefield of the 6th and Bryant of the 3rd:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sales of alcoholic bev erages on Sunday, so as to provide that the governing authority of certain counties and the governing authority of all municipalities located in such counties may authorize the sale of alcoholic beverages for consumption on the premises on Sunday.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 238. By Senator Kidd of the 25th:
A bill to amend an Act creating a new charter for the City of Milledgeville, as amended, so as to change the provisions relating to the election and 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 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 16, 1983

1067

HB 280. By Representative Walker of the 115th:
A bill to reincorporate and provide a new charter for the City of Perry in Houston County.

The report of the committee, which was favorable to the passage of the bill, was agivd to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 364. By Representatives Home of the 103rd, Groover of the 99th and Pinkston of the 100th:
A bill to amend an Act establishing the board of commissioners of Bibb County, so as to authorize the governing authority of Bibb County to dis pose of certain property within the Lake Tobesofkee Recreation Area for the purpose of developing, operating, and maintaining hydroelectric genera tion and related facilities.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 395. By Representatives Phillips of the 125th, Hamilton of the 124th, Triplett of the 128th and others:
A bill to amend an Act incorporating the City of Tybee Island, so as to change the provisions relating to the governing body 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 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1068

JOURNAL OF THE SENATE

HB 415. By Representatives Benefield, Holcomb and Lee of the 72nd and others:
A bill to amend an Act reincorporating the City of Forest Park in Clayton County and creating a new charter for said city, so as to change the terms of office of the mayor and members of the council.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 426. By Representatives Bostick of the 138th and Carter of the 146th: A bill to create the Tifton-Tift County Charter Commission.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 452. By Representative Sizemore of the 136th:
A bill to amend an Act creating the Small Claims Court of Worth County, so as to change the jurisdictional amount of the court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 475. By Representatives Mueller of the 126th, Hamilton of the 124th, Johnson of the 123rd and others:
A bill to amend an Act relating to the Board of Public Education for the City of Savannah and the County of Chatham, so as to change the provi sions relating to the compensation of the members and chairman of said board.

WEDNESDAY, FEBRUARY 16, 1983

1069

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President called for the morning roll call, and the following Senators an swered to their names:

Allgood Barker Barnes Bowen Brannon
nra" yf u Broun of 46th
BrTnt Buyrton Cobb Coggin Coleman Coverdell Deal English Engram

Fincher Foster Garner Gillis Greene
Harrison ,,,,
Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry
Phillips Scott of 2nd
Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not answering were Senators:

Bond Dawkins Dean

Harris Horton

Scott of 36th Timmons

Senator Tysinger of the 41st introduced the chaplain of the day, Dr. Robert Marshburn, pastor of Doraville Presbyterian Church, Doraville, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate and House were read and adopted:

SR 113. By Senators Howard of the 42nd and Dawkins of the 45th:
A resolution commending Judge William T. Dean and wishing him a happy eightieth birthday.

1070

JOURNAL OF THE SENATE

HR 216. By Representative Adams of the 16th: A resolution commending the West Rome High School Football Team.

SENATE RULES CALENDAR

Wednesday, February 16, 1983

TWENTY-NINTH LEGISLATIVE DAY

HB 50 HB 115 HB 24 HB 26 HB 34 HB 221 HB 11 HB 389 HB 288 SB 222 HB 8 HB 255 HB 170 HB 142 HB 140 HB 66 HB 56 HR 90 SR 78

State Boxing Commission--provide (AMENDMENT) (Gov Op--20th)
Cemeteries--registration, regulation (I&L--19th)
Governor--change provisions relating to oath of office (SUBSTI TUTES) (Judy--49th)
Industry and Trade Board--creation and composition (SUBSTI TUTE/AMENDMENT) (Judy--33rd)
Offender Rehabilitation Board--provisions on creation (SUBSTI TUTE/AMENDMENT) (Judy--33rd)
Deposits of Deceased--payment of funeral expenses from certain de posits (B&F--14th)
Commercial Fishing Boats Fishing with Power-Drawn Nets--penalties (NREQ--3rd)
Local Bills--advertisement of notices of intention to introduce (SUB STITUTE) (Rules--26th)
Crossbows for Hunting--handicapped person may use (NREQ--19th)
Roadways Widened, Repaired--additional requirements for grates (FS&CA-G--42nd)
Capital Felony Expense Reimbursement--define certain terms (FS&CA-G--7th)
State Tollway Authority--Department of Transportation provide maintenance, operational assistance (Trns--12th)
Alien Laborers--change date to exclude in determining agricultural employer liability (I&L--19th)
Family Violence Shelters--not licensed as personal care homes (Hum R--33rd)
Consumer Advisory Board--provide for new members (Gov Op--33rd)
Board of Athletic Trainers--licensure (Gov Op--25th)
Military Recruiters--access to campus in public secondary schools (D&VA--30th)
State-wide Fire Protection Study Committee--extend date for recom mendations (Pub Saf--28th)
Citizens Task Force to Study Office of Lieutenant Governor--create (Gov Op--30th)

WEDNESDAY, FEBRUARY 16, 1983

1071

SR 90 SB 215 SB 201

Nonstriking Truckers--concerning acts of violence against (Pub Saf--llth)
Used Motor Vehicle Dismantlers, Salvage Dealers--change certain terms (SUBSTITUTE) (Pub Saf--28th)
Residential Finance Authority--change membership (AMEND MENTS) (B&F--23rd)
Respectfully submitted,
/s/ Dean of the 31st, 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 50. By Representative Lane of the 27th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for a State Boxing Commission.
Senate Sponsor: Senator Gillis of the 20th.

The Senate Committee on Governmental Operations offered the following amendment:
Amend HB 50 by striking on Page 4, line 23, the following: "43-52-2",
and inserting in lieu thereof the following: "31-31-2".

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen

Brannon Brantley Broun of 46th Brown of 47th

Bryant Burton Coggin Coleman

1072
Dawkins Deal Dean English
Fincher Foster
Harris Harrison Hill Hine

JOURNAL OF THE SENATE

Holloway Horton Hudgins Huggins Kennedy
^IQU
Littlefield McGill Peevy Perry Phillips

Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh
TX fclttlc^
Thompson Trulock Turner Tysinger Walker

Voting in the negative were Senators Greene and Howard.

Those not voting were Senators:

Bond Cobb Coverdell

Garner Land Lester

McKenzie Timmons

On the passage of the bill, the yeas were 46, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.

The following local bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 155. By Senator Coggin of the 35th:
A bill to amend an Act creating the State Court of Fulton County, as amended, so as to authorize the county to pay a publication subsidy to cer tain newspapers for printing the court calendar.

The House amendment was as follows:
Amend SB 155 as follows:
Delete Section 2 in its entirety and renumber Sections 3 and 4 as Sections 2 and 3.

Senator Coggin of the 35th moved that the Senate agree to the House amendment to SB 155.

WEDNESDAY, FEBRUARY 16, 1983

1073

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 155.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 115. By Representatives Hooks of the 116th and Colbert of the 23rd:
A bill to amend Article 4 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to cemeteries, so as to provide for the registra tion and regulation of cemeteries, dealers of burial merchandise and ser vices, and salespersons of burial lots, rights, merchandise or services.
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 Barker Barnes Bond Bowen Brannon 2rantley, u Broun of 46th
Burton Cobb Coggin Coleman Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison
Hi " Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd

Land Lester Littlefield McGill McKenzie Peevy
Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coverdell

Tate

Starr

Timmons

On the passage of the bill, the yeas were 52, nays 0.

1074

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.

HB 24. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to change the provisions relating to the oath of office of the Governor.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Judiciary offered the following substitute to HB 24:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 12 of Title 45 of the Official Code of Georgia Anno tated, relating to the Governor, so as to change the provisions relating to the oath of office of the Governor; to provide for an oath for the Lieutenant Governor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. It is the intent of this Act to implement the provisions of Article V, Section I, Paragraph VI of the Constitution of the State of Georgia.
Section 2. Chapter 12 of Title 45 of the Official Code of Georgia Anno tated, relating to the Governor, is amended by striking Code Section 45-124, relating to the oath of office of the Governor, in its entirety and inserting in lieu thereof a new Code Section 45-12-4 to read as follows:
"45-12-4. The Governor-elect shall, before he enters on the duties of his office, take the following oath in the presence of the General Assem bly in joint session of the Senate and House of Representatives:
'I do solemnly swear or affirm that I will faithfully execute the office of Governor of the State of Georgia and will, to the best of my ability, preserve, protect, and defend the Constitution thereof and the Constitu tion of the United States.'
Upon so taking the oath, the Governor-elect shall become Governor. The Lieutenant Governor-elect shall take the same oath with the substi tution of 'Lieutenant Governor' for 'Governor' and upon so taking such oath shall become Lieutenant Governor."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 4, nays 33, and the committee substitute was lost.

WEDNESDAY, FEBRUARY 16, 1983

1075

Senator Deal of the 49th offered the following substitute to HB 24:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 12 of Title 45 of the Official Code of Georgia Anno tated, relating to the Governor, so as to change the provisions relating to the oath of office of the Governor; to provide for an oath of office for the Lieu tenant Governor; to abolish the Georgia Council for Energy Resources; to establish the Office of Energy Resources; to provide for a director and other personnel; to attach such office to the Office of Planning and Budget for administrative purposes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. It is the intent of Section 2 of this Act to implement the provisions of Article V, Section I, Paragraph VI of the Constitution of the State of Georgia.
Section 2. Chapter 12 of Title 45 of the Official Code of Georgia Anno tated, relating to the Governor, is amended by striking Code Section 45-124, relating to the oath of office of the Governor, in its entirety and inserting in lieu thereof a new Code Section 45-12-4 to read as follows:
"45-12-4. Governor-elect shall, before he enters on the duties of his office, take the following oath in the presence of the General Assembly in joint session of the Senate and House of Representatives:
'I do solemnly swear or affirm that I will faithfully execute the office of Governor of the State of Georgia and will, to the best of my ability, preserve, protect, and defend the Constitution thereof and the Constitu tion of the United States.'
Upon so taking the oath, the Governor-elect shall become Governor. The Lieutenant Governor-elect shall take the same oath with the substi tution of 'Lieutenant Governor' for 'Governor' and upon so taking such oath shall become Lieutenant Governor."
Section 3. Chapter 12 of Title 45 of the Official Code of Georgia Anno tated, relating to the Governor, is amended by striking in its entirety Part 3 of Article 4 thereof, which reads as follows:
"Part 3
45-12-150. Planning, developing, and managing Georgia's energy re sources while protecting the economic, social, and environmental values of its citizens requires expanded authority and capability and a unified, coordinated response within state government. It is the public policy of this state to ensure energy conservation and efficiency; to ensure the wise management and development of traditional energy resources; and to en sure the development and placement into the market place of viable al ternate energy resources for the purposes of providing an adequate en ergy supply, economic prosperity, and a safe environment for Georgians.

1076

JOURNAL OF THE SENATE

45-12-151. There is created an energy resources advisory council to be known as the 'Georgia Council for Energy Resources.'
45-12-152. The council shall consist of 11 members as follows: the vice-president for research, University of Georgia; the vice-president for research, Georgia Institute of Technology; two members of the House of Representatives, to be appointed by the Speaker thereof; two members of the Senate, to be appointed by the Lieutenant Governor; and five individ uals from and representative of the public at large, to be appointed by the Governor. The council shall meet upon the call of the Governor. Ap pointments to the council shall be made within 30 days of the Governor's announcement of the council session. Unless extended by the General As sembly, the council shall be abolished on July 1, 1984.
45-12-153. (a) The council shall:
(1) Evaluate and assess state energy policies and their impact upon the economy and the environment and make recommendations thereon to the Governor and the General Assembly;
(2) Encourage the cooperation of federal, state, and local govern mental officers, units, activities, and agencies in the promotion and at tainment of the purposes of this part;
(3) Enlist the cooperation of public utilities, civic and community organizations, industrial and commercial organizations, labor organiza tions, and other identifiable groups in order to develop and implement programs which further the purposes of this part;
(4) Recommend actions which would assist in eliminating duplica tion of effort among governmental departments and agencies involved in energy activities; and
(5) Recommend to the Governor actions needed to accomplish the purposes of this part.
(b) The council may recommend the adoption of rules and regula tions to the director of the Office of Planning and Budget to carry out the purposes of this part.
45-12-154. There is established within the Office of Planning and Budget a division to be designated as the Office of Energy Resources. The director of the Office of Planning and Budget shall select and ap point the director of said office and select other such personnel as he shall determine to be necessary to fulfill the purposes of this part.
45-12-155. (a) The Office of Energy Resources shall have sole au thority and responsibility for the administration of this part.
(b) The Office of Energy Resources shall have the authority and responsibility to do the following:
(1) Consult other departments, agencies, or officials of this state, or political subdivisions thereof, and appropriate private and professional or ganizations in matters related to energy. Any other department, educa-

WEDNESDAY, FEBRUARY 16, 1983

1077

tional institution, agency, or official of this state of political subdivision thereof which in any way would affect the administration or enforcement of this part is required to coordinate all such activities with the Office of Energy Resources to assure orderly and efficient administration and en forcement of this part;
(2) To do all things necessary to cooperate with the Untied States government and to qualify for, accept, and disburse any private grant intended for the administration of this part;
(3) To apply for, receive, accept, and administer federal funds and programs made available to the state for the purposes of this part;
(4) Contract for services if such services cannot be satisfactorily per formed by employees of the office or by any other state agency;
(5) Enter into agreements to carry out energy-related research and planning jointly with other states or the federal government where appropriate;
(6) Inform, educate, and provide materials to other agencies of the state or political subdivisions thereof and to the public on all energyrelated matters, with particular emphasis on energy consumption trends and their social, environmental, and economic impacts; conservation and energy efficiency; and alternative energy technologies;
(7) Monitor and assess the relationship and impact of international, federal, and regional energy policies on the state's energy policies and programs;
(8) Collect and analyze data relating to past, present, and future consumption levels for all sources of energy and report such findings to the governor annually. Such reports shall make recommendations on ac tions which would further the purposes stated in Code Section 45-12-150;
(9) Prepare, and present to the government for approval, a standby emergency plan setting forth actions to be taken in the event of an im pending serious shortage of energy or a threat to public health, safety, or welfare;
(10) Design and implement a program to encourage energy conser vation and efficiency, to include, but not be limited to, public, commer cial, industrial, governmental, and residential areas;
(11) Maintain awareness of all energy-related research, with partic ular emphasis on alternative energy resources creating minimal environ mental impact, which research could be of importance to the state's wel fare for the purposes of providing constructive and supportive action; and
(12) Solicit funds made available for the purposes of information, research, studies, demonstrations, and projects of professional and civic orientation which are related to energy conservation and efficiency, the development and utilization of alternative energy technologies, and other appropriate energy-related areas.

1078

JOURNAL OF THE SENATE

45-12-156. The Office of Energy Resources shall develop and admin ister an energy extension service utilizing existing organizations and their networks at the state and substate levels to the maximum extent possible for program implementation.
45-12-157. The energy extension service program shall provide, but not be limited to, the following:
(1) Technical assistance to industrial, commercial, and institutional establishments for the purpose of facilitating the use of energy conserva tion techniques, energy efficient technologies, and available alternate en ergy technologies;
(2) An advisory service to residential, commercial, industrial, and institutional energy consumers on energy conservation measures, energy efficient technologies, and available alternate energy systems;
(3) Public education and training workshops on energy conservation and available alternate energy systems; and
(4) A feedback mechanism to maintain awareness of energy re search and development needs at the local level.
45-12-158. The director of the Office of Planning and Budget shall have the authority to promulgate and adopt rules and regulations to carry out the purposes of this part.",
and inserting in lieu thereof a new Part 3 to read as follows:
"Part 3
45-12-150. Planning, developing, and managing Georgia's energy re sources while protecting the economic, social, and environmental values of its citizens requires expanded authority and capability and a unified, coordinated response within state government. It is the public policy of this state to ensure energy conservation and efficiency; to ensure the wise management and development of traditional energy resources; and to en sure the development and placement into the market place of viable al ternate energy resources for the purposes of providing an adequate en ergy supply, economic prosperity, and a safe environment for Georgians.
45-12-151. There is established the Office of Energy Resources which shall be attached for administrative purposes only, as that term is defined in Code Section 50-4-3, to the Office of Planning and Budget. The director of the Office of Energy Resources shall be selected and ap pointed by the Governor and shall serve at his pleasure. The director of the Office of Energy Resources shall have the authority to select, with the concurrence of the Governor, other personnel to fulfill the purposes of this part.
45-12-152. (a) The Office of Energy Resources shall have sole au thority and responsibility for the administration of this part.
(b) The Office of Energy Resources shall have the authority and responsibility to do the following:

WEDNESDAY, FEBRUARY 16, 1983

1079

(1) Consult with other departments, agencies, or officials of this state, or political subdivisions thereof, and appropriate private and pro fessional organizations in matters related to energy. Any other depart ment, educational institution, agency, or official of this state or political subdivision thereof which in any way would affect the administration or enforcement of this part is required to coordinate all such activities with the Office of Energy Resources to assure orderly and efficient administra tion and enforcement of this part;
(2) To do all things necessary to cooperate with the United States government and to qualify for, accept, and disburse any private grant intended for the administration of this part;
(3) To apply for, receive, accept, and administer federal funds and programs made available to the state for the purposes of this part;
(4) Contract for services if such services cannot be satisfactorily per formed by employees of the office or by any other state agency;
(5) Enter into agreements to carry out energy related research and planning jointly with other states or the federal government where appropriate;
(6) Inform, educate, and provide materials to other agencies of the state or political subdivisions thereof and to the public on all energy re lated matters, with particular emphasis on energy consumption trends and their social, environmental, and economic impacts; conservation and energy efficiency; and alternative energy technologies;
(7) Monitor and assess the relationship and impact of international, federal, and regional energy policies on the state's energy policies and programs;
(8) Collect and analyze data relating to past, present, and future consumption levels for all sources of energy and report such findings to the Governor annually. Such reports shall make recommendations on ac tions which would further the purposes stated in Code Section 45-12-150;
(9) Prepare, and present to the government for approval, a standby emergency plan setting forth actions to be taken in the event of an im pending serious shortage of energy or a threat to public health, safety, or welfare;
(10) Design and implement a program to encourage energy conser vation and efficiency, to include, but not be limited to, public, commer cial, industrial, governmental, and residential areas;
(11) Maintain awareness of all energy related research, with partic ular emphasis on alternative energy resources creating minimal environ mental impact, which research could be of importance to the state's wel fare for the purposes of providing constructive and supportive action; and
(12) Solicit funds made available for the purposes of information, research studies, demonstrations, and projects of professional and civic orientation which are related to energy conservation and efficiency, the

1080

JOURNAL OF THE SENATE

development and utilization of alternative energy technologies, and other appropriate energy related areas.
45-12-153. The Office of Energy Resources shall develop and admin ister an energy extension service utilizing existing organizations and their networks at the state and substate levels to the maximum extent possible for program implementation.
45-12-154. The energy extension service program shall provide, but not be limited to, the following:
(1) Technical assistance to industrial, commercial, and institutional establishments for the purpose of facilitating the use of energy conserva tion techniques, energy efficient technologies, and available alternate en ergy technologies;
(2) An advisory service to residential, commercial, industrial, and institutional energy consumers on energy conservation measures, energy efficient technologies, and available alternate energy systems;
(3) Public education and training workshops on energy conservation and available alternate energy systems; and
(4) A feedback mechanism to maintain awareness of energy re search and development needs at the local level.
45-12-155. The director of the Office of Energy Resources shall have the authority to promulgate and adopt rules and regulations to carry out the purposes of this part."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On adoption of the substitute offered by Senator Deal of the 49th, the yeas were 40, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to by substitute.

On 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 Brown of 47th Bryant Burton

Cobb Coggin Coleman Coverdell Dawkins

WEDNESDAY, FEBRUARY 16, 1983

1081

Deal Dean English Engram Fincher Foster GGialrlinser
Greene
Harris
Harrison
Hill Hine

Horton Howard Hudgins Muggins TM nedy Kidd LLeasntder
Littlefield
McGill
McKenzie
Peevy Perry

Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate _T,hompson
Timmons
Trulock
Turner
Tysinger Walker

Those not voting were Senators:

Broun of 46th

Holloway

Starr

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Barnes of the 33rd moved that HB 24 be immediately transmitted to the House.

On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 24 was immediately transmitted to the House.

HB 26. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Industry and Trade, so as to provide for the creation and composition of the Board of Industry and Trade.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Judiciary offered the following substitute to HB 26:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 7 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Industry and Trade, so as to provide for the creation and composition of the Board of Industry and Trade; to provide for the new members of the board; to provide for the existing members of

1082

JOURNAL OF THE SENATE

the board; to provide for the duties, powers, and authority of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Industry and Trade, is amended by striking Code Section 50-7-3, which reads as follows:
"50-7-3. The department shall be under the direction and supervi sion of a Board of Industry and Trade which shall be composed of 20 members. The board shall be the policy-determining body for the depart ment and shall have the duties, powers, authority, and jurisdiction pro vided in this chapter.",
and inserting in lieu thereof a new Code Section 50-7-3 to read as follows:
"50-7-3. (a) The department shall be under the direction and supervi sion of a Board of Industry and Trade.
(b) On and after July 1, 1983, the Board of Industry and Trade shall consist of one member from each congressional district in the state and five additional members from the state at large. All members shall be appointed by the Governor, subject to confirmation by the Senate. The initial terms of members shall be as follows: three members representa tive of congressional districts and two at-large members shall be ap pointed for a term ending July 1, 1984; three members representative of congressional districts and two at-large members shall be appointed for a term ending July 1, 1986; and four members representative of congres sional districts and one at-large member shall be appointed for a term ending July 1, 1987. Thereafter, all members appointed to the board by the Governor shall be appointed for terms of six years and until their successors are appointed and qualified. In the event of a vacancy during the term of any member by reason of death, resignation, or otherwise, the appointment of a successor by the Governor shall be for the remain der of the unexpired term of such member.
(c) The first members appointed under this Code section shall be appointed for terms which begin July 1, 1983. The members of the Board of Industry and Trade serving on April 1, 1983, shall remain in office until their successors are appointed and qualified."
Section 2. Said chapter is further amended by striking in its entirety Code Section 50-7-4, relating to members of the Board of Industry and Trade, which reads as follows:
"50-7-4. The members of the board shall be appointed and shall have terms as provided by the Constitution of this state.",
and inserting in lieu thereof a new Code Section 50-7-4 to read as follows:
"50-7-4. The board shall be the policy-determining body for the de partment and shall have the duties, powers, authority, and jurisdiction provided in this chapter."

WEDNESDAY, FEBRUARY 16, 1983

1083

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to HB 26 offered by the Senate Committee on Judiciary by striking on Page 2, lines 4 through 13, and inserting in lieu thereof the following:
"follows: two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1984; two members representative of congressional districts and one at-large mem ber shall be appointed for a term ending July 1, 1985; two members rep resentative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1986; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1987; and two members representative of congres sional districts and one at-large member shall be appointed for a term ending July 1, 1988. Thereafter, all members appointed to the board by the Governor shall be appointed for terms of five years and until their".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brannon Brantley Brown of 47th Bryant Burton Cobb
Coggin

Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner
Gillis

Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins
Kennedy

1084
Kidd Land Lester Littlefield McGill McKenzie Peevy

JOURNAL OF THE SENATE

Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr
Stumbaugh

Tate Thompson Tnilock ' lurner Tysinger
Walker

Those not voting were Senators:

Bowen

Broun of 46th

Timmons

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Barnes of the 33rd moved that HB 26 be immediately transmitted to the House.

On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 26 was immediately transmitted to the House.

HB 34. By Representatives Snow of the 1st, Lawson of the 9th, Bray of the 91st and others:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Anno tated, relating to the Board and Department of Offender Rehabilitation, so as to change the provisions relating to the creation of the Board of Offender Rehabilitation.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Judiciary offered the following substitute to HB 34:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 2 of Title 42 of the Official Code of Georgia Anno tated, relating to the Board and Department of Offender Rehabilitation, so as to provide for the creation and composition of the Board of Offender Rehabilitation; to provide for terms of office for members of the board; to provide for the purpose of the board; to change the provisions relating to the establishment of a general policy to be followed by the department; to pro vide an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 16, 1983

1085

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. It is the intent of this Act to implement certain changes re quired by Article III, Section VI, paragraph IV, subparagraph (b) of the Constitution of the State of Georgia.
Section 2. Chapter 2 of Title 42 of the Official Code of Georgia Anno tated, relating to the Board and Department of Offender Rehabilitation, is amended by striking in its entirety Code Section 42-2-2, relating to the Board of Offender Rehabilitation, and inserting in lieu thereof a new Code Section 42-2-2 to read as follows:
"42-2-2. (a) On and after July 1, 1983, the Board of Offender Reha bilitation shall consist of one member from each congressional district in the state and five additional members from the state at large. All mem bers shall be appointed by the Governor, subject to confirmation by the Senate. The initial terms of members shall be as follows: three members representative of congressional districts and two at-large members shall be appointed for a term ending July 1, 1984; three members representa tive of congressional districts and two at-large members shall be ap pointed for a term ending July 1, 1986; and four members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1987. Thereafter, all members appointed to the board by the Governor shall be appointed for terms of six years and until their successors are appointed and qualified. In the event of a vacancy during the term of any member by reason of death, resignation, or other wise, the appointment of a successor by the Governor shall be for the remainder of the unexpired term of such member.
(b) The first members appointed under this Code section shall be appointed for terms which begin July 1, 1983. The members of the Board of Offender Rehabilitation serving on April 1, 1983, shall remain in office until their successors are appointed and qualified.
(c) The board shall annually elect one of its members as chairman and shall elect from its membership a secretary of the board. The secre tary of the board shall keep adequate records and minutes of all business and official acts of the board. Records of the board shall be maintained in the office of the commissioner."
Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 42-2-11, relating to rules and regulations governing the penal system, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The board shall establish the general policy to be followed by the department and shall have the duties, powers, authority, and jurisdic tion provided for in this title or as otherwise provided by law."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

1086

JOURNAL OF THE SENATE

Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to HB 34 offered by the Senate Committee on Judiciary by striking on Page 2, lines 2 through 12, and inserting in lieu thereof the following:
"members shall be as follows: two members representative of congres sional districts and one at-large member shall be appointed for a term ending July 1, 1984; two members representative of congressional dis tricts and one at-large member shall be appointed for a term ending July 1, 1985; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1986; two members representative of congressional districts and one at-large mem ber shall be appointed for a term ending July 1, 1987; and two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1988. Thereafter, all members ap pointed to the board by the governor shall be appointed for terms of five years and until their successors are appointed and".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

On adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy

Kidd Land Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Timmons

WEDNESDAY, FEBRUARY 16, 1983

1087

Trulock Turner

Tysinger

Walker

Those not voting were Senators:

Barker Broun of 46th

Fincher

Thompson

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Barnes of the 33rd moved that HB 34 be immediately transmitted to the House.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 34 was immediately transmitted to the House.

HB 221. By Representatives Richardson of the 52nd, Colbert of the 23rd, Pinkston of the 100th and others:
A bill to amend Code Section 7-1-357 of the Official Code of Georgia Anno tated, relating to the payment by banks of deposits of deceased depositors, so as to authorize payment of funeral expenses from certain deposits.
Senate Sponsor: Senator McKenzie of the 14th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

Senator Garner of the 30th moved that he be excused from voting on HB 221, stating that he had an interest in the results.

On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Gar ner of the 30th was excused from voting on HB 221.

Senator Allgood of the 22nd moved that he be excused from voting on HB 221, stating that he had an interest in the results.

On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Allgood of the 22nd was excused from voting on HB 221.

1088

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:

Barnes Bond Bowen Brannon Brantley Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher

Foster Gillis Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield McGill

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood (excused) Barker Broun of 46th

Brown of 47th Bryant Garner (excused)

Harrison Hill Timmons

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Dean of the 31st introduced the doctor of the day, Dr. John Atha, of Rockmart, Georgia.

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

HB 11. By Representative Phillips of the 125th: A bill to amend Code Section 27-4-138 of the Official Code of Georgia An notated, relating to penalties for offenses pertaining to the operation of com mercial fishing boats engaged in illegal fishing with power-drawn nets.
Senate Sponsor: Senator Bryant of the 3rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEBRUARY 16, 1983

1089

On 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 Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell
Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hill Holloway Horton Howard
Kennedy Kidd Land Lester

McGill McKenzie Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons
Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Dawkins Hine

Hudgins Huggins

Littlefield Peevy

Those not voting were Senators:

Barker Bowen

Brannon Broun of 46th

Starr

On the passage of the bill, the yeas were 45, nays 6. The bill, having received the requisite constitutional majority, was passed.

HB 389. By Representative Murphy of the 18th: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia anno tated, relating to general provisions pertaining to the General Assembly, so as to provide the procedure for the advertisement of notices of intention to introduce local bills.
Senate Sponsor: Senator Greene of the 26th.
The Senate Committee on Rules offered the following substitute to HB 389:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 1 of Title 28 of the Official Code of Georgia Anno-

1090

JOURNAL OF THE SENATE

tated, relating to general provisions pertaining to the General Assembly, so as to provide the procedure for the advertisement of notices of intention to introduce local bills; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. It is the intent of this Act to provide the law required by Article III, Section V, Paragraph IX of the Constitution of the State of Georgia.
Section 2. Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions pertaining to the General Assembly, is amended by adding a new Code section to be designated Code Section 28-114 to read as follows:
"28-1-14. No local bill shall become law unless notice of the inten tion to introduce such bill shall have been advertised in the newspaper in which the sheriffs advertisements for the locality affected are published one time before the bill is introduced. Such advertisement must be not more than 60 days prior to the convening date of the session at which the bill is introduced. After the advertisement has been published the bill may be introduced at any time during that session unless the advertise ment is published during the session, in which event the bill may not be introduced before Monday of the calendar week following the week in which the advertisement is published. A copy of the notice as it was ad vertised and an affidavit stating that the notice has been published as provided by this Code section shall be attached to the bill and shall be come a part of the bill. Such affidavit may be made by the author of the bill or by the publisher of the newspaper in which the notice was adver tised or by an employee of the newspaper designated by the publisher."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bond Bowen Brantley Brown of 47th

Bryant Burton Cobb Coggin Coleman

Coverdell Dawkins Dean English Engram

WEDNESDAY, FEBRUARY 16, 1983

1091

Fincher Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins

Kennedy Kidd Land Lester Littlefield McGill McKenzie Perry Phillips Scott of 2nd

Scott of 36th Scott of 43rd Stumbaugh
T1 udt*ie"
Thompson Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Brannon Deal

Foster Garner

Peevy

Those not voting were Senators:

Allgood Barker Broun of 46th

Harrison Huggins

Starr Trulock

On the passage of the bill, the yeas were 44, nays 5.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 288. By Representatives Walker of the 115th, Rainey of the 135th, Dover of the llth and others:
A bill to amend Code Section 27-2-4 of the Official Code of Georgia Anno tated, relating to legal weapons for hunting wildlife, so as to allow qualified handicapped individuals to use crossbows for hunting; to make the use of silencers illegal.
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:

Barnes Bond

Bowen Brannon

Brantley Brown of 47th

1092

JOURNAL OF THE SENATE

Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner

Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Lester Littlefield McGill

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Tysinger

Those not voting were Senators:

Allgood Barker Broun of 46th

Harrison Huggins Land

Trulock Walker

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 222. By Senator Howard of the 42nd:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to county and municipal corporations, so as to provide for additional requirements for the installation of grates on public roadways which are widened, repaired, or altered by counties or municipalities.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On 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 Brown of 47th

Bryant Burton Cobb Coggin Coleman Coverdell Dawkins

Deal Dean Engram Fincher Foster Garner Gillis

WEDNESDAY, FEBRUARY 16, 1983

1093

Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Hudgins

Kennedy Kidd Land tester Littlefield McGill McKenzie Peevy Perry Phillips

Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Turner Tysinger Walker

Those not voting were Senators:

Barker Broun of 46th

English Timmons

Trulock

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 8. By Representatives Patten of the 149th and Hanner of the 131st:
A bill to amend Article 2 of Chapter 11 of Title 17 of the Official Code of Georgia Annotated, relating to reimbursement for capital felony expenses, so as to define and redefine certain terms.
Senate Sponsor: Senator Perry of the 7th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman

Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison

Hill Hine Horton Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield McGill

1094

JOURNAL OF THE SENATE

McKenzie Peevy Perry Phillips
Scott of 2nd

Scott of 36th Scott of 43rd Starr Stumbaugh
Tate

Thompson Turner
Tysmger Walker

Those not voting were Senators:

Barker Bond

Coverdell Holloway

Timmons Trulock

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 255. By Representative Triplett of the 128th:
A bill to amend Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the Georgia Highway Authority, so as to authorize the Department of Transportation to provide maintenance and operational assistance to the State Tollway Authority.
Senate Sponsor: Senator Holloway of the 12th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th BBuryrtaonnt Cobb
Coggin
Coleman Coverdell Deal
Dean English

Engram Fincher Foster Garner Gillis Greene Harris HHialrl nson Hine
Holloway
Horton Howard Huggins
Kennedy Kidd

Land Lester McKenzie Peevy Perry Phillips Scott of 2nd cScot..t of, 4.3, rd, Starr
Stumbaugh
Tate Thompson Turner
Tysinger Walker

WEDNESDAY, FEBRUARY 16, 1983

1095

Those not voting were Senators:

Barker Bond Dawkins

Hudgins Littlefield McGill

Scott of 36th Timmons Trulock

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 170. By Representatives Mullinax of the 81st, Mostiler of the 75th, Williams of the 6th and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, the "Employment Security Law," so as to change the date on which alien laborers will be excluded in determining agricultural employer liability.
Senate Sponsor: Senator Walker of the 19th.

Senator Walker of the 19th offered the following amendment:

Amend HB 170 by adding in the title on line 7 of Page 1, immediately preceding the words "to add", the following:
"to delete the reference to a bank account which is no longer used;".
By adding at the bottom of Page 3 immediately below line 31 a new section, to be designated Section 3A, to read as follows:
"Section 3A. Said chapter is further amended by striking in its en tirety subsection (b) of Code Section 34-8-76, relating to a special bank account, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) For the purpose of establishing and maintaining free public em ployment offices, the Commissioner is authorized to enter into agree ments with the Railroad Retirement Board of any other agency of the United States charged with the administration of any unemployment compensation law, with any political subdivision of this state, or with any private, nonprofit organization; and, as a part of any such agreement, the Commissioner may accept moneys, services, or quarters as a contribution.'"

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

1096

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Lester Littlefield McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Turner Tysinger Walker

Those not voting were Senators:

Barker Bond Engram

Fincher McKenzie

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.

HB 142. By Representatives Darden, Burruss and Thompson of the 20th and others:
A bill to amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to provide that family violence shelters shall be licensed as family violence shelters rather than as personal care homes.
Senate Sponsor: Senator Barnes of the 33rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEBRUARY 16, 1983

1097

On 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 Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Garner Gillis Greene Harris Hill Hine Horton Howard Hudgins Huggins Kennedy Kidd Land

tester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Foster

Harrison Holloway Starr

Timmons Trulock

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 140. By Representatives Walker of the 115th, Evans of the 84th and Smyre of the 92nd:
A bill to amend Code Section 10-1-395 of the Official Code of Georgia An notated, relating to the Consumer Advisory Board, so as to provide for new members of the board.
Senate Sponsor: Senator Barnes of the 33rd.

Senator Barnes of the 33rd offered the following amendment:

Amend HB 140 by striking on line 12, Page 2, the word "three" and inserting in lieu thereof, "five".

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

1098

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Not voting were Senators Barker and Timmons.

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 66. By Representatives Isakson of the 21st, Lane of the 27th, Adams of the 36th and Murphy of the 18th:
A bill to amend Chapter 5 of Title 43 of the Official Code of Georgia Anno tated, relating to the Georgia Board of Athletic Trainers, so as to provide for licensure for certain persons who do not otherwise meet licensure requirements.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEBRUARY 16, 1983

1099

On 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 Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hill Holloway Howard Hudgins Huggins Kidd Land

Lester Littlefield McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Garner Hine

Horton Kennedy McKenzie

Starr Timmons

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 56. By Representatives Thomas of the 69th, Wood of the 9th, Jackson of the 83rd and others:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to instructional services in public schools, so as to provide military recruiters with access to the campus and to student directory information in public secondary schools under certain conditions.
Senate Sponsor: Senator Garner of the 30th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

1100

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 Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Dean English Engram

Fincher Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Peevy.

Those not voting were Senators:

Barker Broun of 46th

Deal Foster

Starr

On the passage of the bill, the yeas were 50, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HR 90. By Representatives Martin of the 60th, Colbert of the 23rd, Coleman of the 118th and others:
A resolution to amend a resolution creating the State-wide Fire Protection Study Committee, so as to extend the date for the recommendation by the committee; to change the date on which the committee shall stand abolished.
Senate Sponsor: Senator Cobb of the 28th.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

WEDNESDAY, FEBRUARY 16, 1983

1101

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
Brantley Brown of 47th
Bryant Burton Cobb
Coggin Coleman
Dawkins
Deal Dean English
Engram

Fincher
Foster Garner
Gillis Greene
Harris Harrison
Hill Hine Holloway
Howard Hudgins Huggins
Kennedy Kidd Land
Lester

Littleneld McGill McKenzie
Peevy
Perry Phillips Scott of 2nd
Scott of 36th Scott of 43rd
Stumbaugh Tate Thompson
Timmons Trulock
Turner Tysinger
Walker

Those not voting were Senators:

Barker

Coverdell

Starr

Broun of 46th

Horton

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 78. By Senators Garner of the 30th and Barnes of the 33rd: A resolution creating the Citizens Task Force to Study the Office of the Lieutenant Governor.
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

Brannon
Brantley
Brown of 47th Bryant

Burton
Cobb
Coggin Coleman

1102

JOURNAL OF THE SENATE

Coverdell Dawkins Deal Dean English Engram Fincher roster Garner Gillis Harris Harrison Hill Hine

Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy

Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Broun of 46th

Greene

Timmons

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 90. By Senator Timmons of the llth: A resolution concerning recent acts of violence against nonstriking truckers.

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 Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman

Coverdell Dawkins Dean English Engram Garner Gillis Greene Harris Harrison Hill

Hine Holloway Howard Huggins Kennedy Kidd Land Lester Littlefield McGill McKenzie

WEDNESDAY, FEBRUARY 16, 1983

1103

Peevy
Ph?i'l7lips Scott of 2nd Scott of 36th

Scott of 43rd Starr Stumbaugh Tate

Thompson Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Broun of 46th Deal

Fincher Foster Horton

Hudgins Timmons Trulock

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 215. By Senator Cobb of the 28th:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, known as "The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act," so as to change the definition of certain terms.

The Senate Committee on Public Safety offered the following substitute to SB 215:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 48 of Title 43 of the Official Code of Georgia Anno tated, known as "The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act," so as to change the definition of certain terms; to change the composition of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers; to change the provisions relating to applications for license as a dealer; to change the provisions relating to investigation of applicants; to change the provisions relating to maintenance of records by licensees; to provide an ef fective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 48 of Title 43 of the Official Code of Georgia Anno tated, known as "The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act," is amended by striking in its entirety Code Section 43-48-2, relating to definitions, and inserting in lieu thereof a new Code Section 43-48-2 to read as follows:

1104

JOURNAL OF THE SENATE

"43-48-2. As used in this chapter, the term:
(1) 'Board' means the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers.
(2) 'Dealer' means any person, partnership, firm, or corporation buying, selling, or using motor vehicle parts, either as a used motor vehi cle parts dealer, a motor vehicle dismantler, a motor vehicle rebuilder, a salvage pool dealer, or a salvage dealer.
(3) 'Dismantler' means any person, partnership, firm, or corporation engaged in the business of acquiring wrecked, abandoned, or reparable motor vehicles and selling either the usable parts, the motor vehicle as a unit, or the hulk of the motor vehicle after the usable parts have been removed. For the purposes of this chapter, a person, partnership, firm, or corporation shall be presumed to be engaged in the business of auto dis mantling if he or it possesses ten or more inoperative motor vehicles for more than 45 days unless such vehicles are scrap vehicles being held by a scrap metal processor for recycling scrap metal, vehicles being held by a repair business awaiting repairs, or vehicles being held for other reasons as may be prescribed by the board.
(4) 'Established place of business' means a salesroom or sales office in a building or an open lot at which a business of buying, bartering, trading, offering, displaying, selling, dismantling, or rebuilding wrecked or used motor vehicles or parts is carried on or the place at which books and records required for the conduct of such business are kept.
(5) 'Licensee' means any person who is required to be licensed or who is actually licensed under this chapter.
(6) 'Major component part' means one of the following subassemblies of a motor vehicle:
(A) Front clip assembly (fenders, grille, and hood);
(B) Rear clip assembly (quarter panels, floor panel assembly);
(C) Engine and transmission;
(D) Top assembly, with the exception of soft tops;
(E) Frame or frame section; or
(F) Complete side (fenders, door, and quarter panel).
(7) 'Motor vehicle' means every vehicle which is self-propelled ex cept trackless trolleys (which are classified as streetcars), motorcycles, motor-driven cycles, or go-carts.
(8) 'Part' means any used motor vehicle part that has been installed as standard or optional equipment on a motor vehicle, has been removed from the motor vehicle on which it was originally attached or affixed, and is the subject of sale or resale as part and not as scrap.
(9) 'Person' means any individual, copartnership, firm, association, corporation, or combination of individuals of whatever form or character.

WEDNESDAY, FEBRUARY 16, 1983

1105

(10) 'Rebuilder' means any person, partnership, firm, or corporation engaged in the business of buying more than three used, salvage, or wrecked motor vehicles per year for the purpose of restoring or rebuild ing them with used or new motor vehicle parts, or both, to be sold as motor vehicles.
(11) 'Salvage dealer' means any person, firm, or corporation who purchases a salvage vehicle or parts of a salvage vehicle for purposes of resale as parts only or as salvage.
(12) 'Salvage pool' or 'salvage disposal sale' means a sale at auction or by private bid of wrecked or reparable motor vehicles, either at whole sale or retail, by insurance companies, underwriters, or dealers.
(13) 'Salvage vehicle' means any vehicle which either:
(A) Has been damaged, crushed, or otherwise reduced to such a state that its restoration would require the replacment of two or more major component parts;
(B) Has been acquired by an insurance company as a result of the vehicle's being damaged to the extent that its restoration to an operable condition would require the replacement of two or more major compo nent parts or for which the insurance company has paid a total loss claim, excluding recovered total theft vehicles which do not require the replacement of two or more major component parts for restoration; or
(C) Is an imported vehicle which has been damaged in shipment and disclaimed by the manufacturer as a result of the damage, has never been the subject of retail sale to a consumer, and has never been issued a certificate of title.
(14) 'Scrap vehicle' means any vehicle which has been wrecked, de stroyed, or damaged to the extent that it cannot be economically re paired, rebuilt, or made operable or roadworthy.
(15) 'Used motor vehicle' or 'used car' means any motor vehicle, as defined in this Code section, which has been the subject of a retail sale to a consumer.
(16) 'Vehicle' means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary wheels or tracks or overhead trolley wires."
Section 2. Said chapter is further amended by striking in its entirety Code Section 43-48-3, relating to the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers, and inserting in lieu thereof a new Code Section 43-48-3 to read as follows:
"43-48-3. (a) There is created a State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers which shall be composed of the director of the Georgia Bureau of Investigation or his official designee, the director of the Motor Vehicles Division of the Department of Revenue or his official designee, and ten members to be

1106

JOURNAL OF THE SENATE

appointed by the Governor. The original appointments shall be made as follows: one member shall be appointed for a term of four years, three members shall be appointed for terms of three years each, three members shall be appointed for terms of two years each, and three members shall be appointed for terms of one year each. Such members shall serve until their successors are appointed and qualified. Thereafter, all appointees shall be for a term of four years. Such terms shall be staggered so that new members of the board will be appointed each year.
(b) All members shall be residents of this state. Not less than one nor more than two members shall be appointed from each of the follow ing businesses: salvage dealers, used motor vehicle dismantlers, used mo tor vehicle rebuilders, and motor vehicle insurers. At least two members shall not be associated with any of these businesses."
Section 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 43-48-8, relating to applications for license as a dealer, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Each such application shall be made upon the form prescribed by the board and shall contain the name and address of the applicant, or, when the applicant is a partnership, the name and address of each part ner, or, when the applicant is a corporation, the names and addresses of the principal officers of the corporation and the state in which incorpo rated. Each such application shall also contain a designation of an estab lished place or places of business where the business is to be conducted, a description of the nature of such business, and such other information as may be required by the board. Each such application shall be verified by the oath or affirmation of the applicant if an individual or, in the event an applicant is a partnership or corporation, then by a partner or officer thereof. Each such application for a license shall show that the dealer maintains ordinary automobile public liability and property damage in surance coverage with liability limits of not less than $50,000.00 per per son and $100,000.00 per accident; personal insurance liability coverage; and $25,000.00 property damage liability coverage, unless the applicant qualified under subsection (e) of this Code section."
Section 4. Said chapter is further amended by striking in its entirety paragraph (5) of subsection (d) of Code Section 43-48-9, relating to investi gation of applicants by the board, and inserting in lieu thereof a new para graph (5) to read as follows:
"(5) (A) Has been convicted in the courts of this state or of the United States or in any other state, territory, or country of a felony or any crime involving the illegal use, carrying, or possession of a dangerous weapon or any crime involving moral turpitude. As used in this para graph, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere. For the purposes of this paragraph, a 'conviction' shall be deemed to include a finding or verdict of guilty, regardless of whether an appeal of the conviction has been sought;
(B) Has been arrested, charged, and sentenced for the commission

WEDNESDAY, FEBRUARY 16, 1983

1107

of a felony, any crime involving the illegal use, carrying, or possession of a dangerous weapon, or any crime involving moral turpitude where:
(i) A plea of nolo contendere was entered to the charge;
(ii) First offender treatment was granted without adjudication of guilt pursuant to the charge; or
(iii) An adjudication or sentence was otherwise withheld or not en tered on the charge. The plea of nolo contendere or the order entered pursuant to Article 3 of Chapter 8 of Title 42 or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime;".
Section 5. Said chapter is further amended by striking in its entirety Code Section 43-48-13, relating to maintenance of records by licensees, and inserting in lieu thereof a new Code Section 43-48-13 to read as follows:
"43-48-13. (a) Every licensee shall maintain for three years a record of:
(1) Every vehicle, vehicle body, chassis, or major component part of or for a vehicle received or acquired by him; its description and any iden tifying numbers; the date of its receipt or acquisition; and the full name, address, and driver's license number or social security number of the per son from whom received or acquired; provided, however, that, in the event such purchase or acquisition is from a used parts dealer, used mo tor vehicle dismantler, salvage dealer, salvage pool dealer, or established place of business, the name and address of the corporation or company shall be sufficient, provided the seller is registered under this chapter;
(2) Every vehicle, vehicle body, chassis, or major component part disposed of by him; its description and any identifying numbers; the date of its receipt or acquisition; and the full name, address, and driver's li cense number or social security number of the person to whom disposed; provided, however, that, in the event such disposal is to a used parts dealer, used motor vehicle dismantler, salvage dealer, salvage pool dealer, or established place of business, the name and address of the corporation or company shall be sufficient, provided the purchaser or acquirer is reg istered under this chapter; and
(3) Every vehicle wrecked, dismantled, or crushed by him and the date of its wrecking or dismantling.
(b) The possession of motor vehicles or parts covered by this chapter shall be prima-facie evidence that they were purchased for the purpose of resale."
Section 6. Said chapter is further amended by adding between Code Sections 43-48-17 and 43-48-18 a new Code section, to be designated Code Section 43-48-17.1, to read as follows:
"43-48-17.1. Any salvage dealer from another state who wishes to purchase salvage motor vehicles, major component parts, or parts may, upon presentation of another state, county, or municipal license, be is-

1108

JOURNAL OF THE SENATE

sued at the discretion of the board an out-of-state buyer's card, provided that the dealer meets all other requirements as the board may establish by rule. All persons licensed under this Code section, when selling to outof-state buyers, may sell salvage motor vehicles, major component parts, or parts only to those out-of-state buyers who hold an out-of-state buyer's card issued by the board."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Dean English Engram

Fincher Garner Gillis Harris Harrison Hill Hine Holloway Horton Huggins Kennedy Kidd Land Lester Littlefield McGill

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Voting in the negative was Senator Greene.

Those not voting were Senators:

Barker Bowen Broun of 46th

Deal Foster Howard

Hudgins Timmons

WEDNESDAY, FEBRUARY 16, 1983

1109

On the passage of the bill, the yeas were 47, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 201. By Senator Lester of the 23rd: A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Authority Act," so as to change the membership of the authority.
Senator Lester of the 23rd moved that SB 201 be committed to the Senate Com mittee on Banking and Finance.
On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 201 was committed to the Senate Committee on Banking and Finance.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.
At 12:10 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

1110

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Thursday, February 17, 1983 Thirtieth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 587. By Representatives Jackson, Wood and Lawson of the 9th:
A bill to provide for and describe boundaries for the districts for the Board of Education of the Hall County School District.

HB 590. By Representative Waldrep of the 80th: A bill to abolish the office of treasurer of Jasper County.

HB 595. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act placing the clerk of the Superior Court of Rabun County on an annual salary, so as to change the compensation of the clerk of the superior court.

HB 601. By Representatives Brown of the 154th and Chance of the 129th:
A bill to abolish the present mode of compensating the judge of the Probate Court of Liberty County, known as the fee system; to provide in lieu thereof an annual salary.

THURSDAY, FEBRUARY 17, 1983

1111

HB 607. By Representatives Isakson, Aiken and Wilder of the 21st and others:
A bill to amend an Act creating the Downtown Marietta Development Au thority, so as to provide for enlargement of the Downtown Marietta District.

HB 621. By Representatives Chambless of the 133rd, Young of the 134th, Balkcom of the 140th and White of the 132nd:
A bill to amend an Act placing certain county officers of Dougherty County upon an annual salary, so as to provide for county supplements to the sher iff, clerk of the superior court, and judge of the probate court of Dougherty County.

HB 10. By Representative Phillips of the 125th:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Anno tated, relating to the care and protection of indigent and elderly patients, so as to provide for a program of care for terminally ill persons.

HB 119. By Representative Mostiler of the 75th:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Sections 34-8-102 and 34-8-81 of the Official Code of Georgia Annotated, relating to employ ment security, of additional funds which are otherwise available to the De partment of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States.

HB 149. By Representatives Williams of the 54th and Brooks of the 34th:
A bill to amend Code Section 18-4-62 of the Official Code of Georgia Anno tated, relating to summons of garnishment and answers generally, so as to provide that in certain cases the garnishee may immediately answer a summons.

HB 366. By Representative Pinkston of the 100th:
A bill to amend Code Section 50-20-3 of the Official Code of Georgia Anno tated, relating to required reports and agreements by nonprofit contractors, so as to provide for the information to be included in annual audit reports submitted to state agencies by nonprofit contractors.

HB 80. By Representatives Cox of the 141st, Parham of the 105th, Bargeron of the 108th and others:
A bill to amend Code Section 31-11-59 of the Official Code of Georgia An notated, relating to services by emergency medical personnel in hospitals, so as to authorize emergency medical technicians to render certain services in hospitals under certain conditions.

1112

JOURNAL OF THE SENATE

HB 188. By Representative Greer of the 39th:
A bill to amend Code Section 14-2-141 of the Official Code of Georgia An notated, relating to the number of directors of a corporation, so as to change the number of directors required for a corporation.

HB 266. By Representative Childs of the 53rd:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, relating to the Employees' Retirement System of Georgia, so as to change a definition.

HB 373. By Representatives Snow of the 1st, Darden of the 20th, Lawson of the 9th and others:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide that the cor porate name of a profit corporation shall not exceed 80 characters, including spaces and punctuation.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 70. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the payment and disposition of fines and forfeitures, so as to provide for additional penalty assessments for offenses against the criminal and traffic laws of this state and political subdivisions thereof.

The House has disagreed to the Senate substitute to the following bill of the House:

HB 130. By Representatives Walker of the 115th, Evans of the 84th, Smyre of the 92nd and Jackson of the 9th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to amend and revise the laws relating to the criminal penalties and administrative sanctions imposed for operation a motor vehicle while under the influence of alcohol or drugs.

The House has disagreed to the Senate amendment to the following bill of the House:

HB 391. By Representatives Murphy of the 18th, Connell of the 87th, Karrh of the 109th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, and adult education, so as to pro vide for the State Board of Education and the commissioner of public safety

THURSDAY, FEBRUARY 17, 1983

1113

to establish jointly an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol
or certain drugs in connection with the operation of a motor vehicle.

The House has adopted by the requisite constitutional majority the following reso lution of the House:

HR 223. By Representatives Murphy of the 18th, Collins of the 144th, Snow of the 1st and others:
A resolution relative to adjournment.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 284. By Senator Brannon of the 51st:
A bill to amend Chapter 4 of Title 48 of the Official Code of Georgia Anno tated, relating to tax sales, so as to change the time in which persons are entitled to redeem land sold under tax execution.
Referred to Committee on Judiciary.

SB 285. By Senator Brannon of the 51st:
A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Anno tated, relating to chiropractors, so as to change the provisions relating to the scope of practice of chiropractors; to provide an effective date.
Referred to Committee on Human Resources.

SB 286. By Senator Fincher of the 54th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institu tions, so as to provide requirements for nursing homes.
Referred to Committee on Human Resources.

SR 119. By Senators Kidd of the 25th and Kennedy of the 4th:
A resolution creating the Mental Health and Mental Retardation Study Committee. Referred to Committee on Human Resources.

SR 121. By Senators Howard of the 42nd and Kidd of the 25th:
A resolution directing the Composite State Board of Medical Examiners to develop and adopt appropriate rules and regulations relating to the abuse of amphetamines and amphetamine-like drugs.
Referred to Committee on Human Resources.

1114

JOURNAL OF THE SENATE

SR 122. By Senator Coverdell of the 40th:
A resolution creating the Joint County and Municipal Grant Study Committee.
Referred to Committee on Federal, State and Community Affairs (General).

The following bills of the House were read the first time and referred to committees:

HB 10. By Representative Phillips of the 125th:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Anno tated, relating to the care and protection of indigent and elderly patients, so as to provide for a program of care for terminally ill persons.
Referred to Committee on Human Resources.

HB 80. By Representatives Cox of the 141st, Parham of the 105th, Bargeron of the 108th and others:
A bill to amend Code Section 31-11-59 of the Official Code of Georgia An notated, relating to services by emergency medical personnel in hospitals, so as to authorize emergency medical technicians to render certain services in hospitals under certain conditions.
Referred to Committee on Human Resources.

HB 119. By Representative Mostiler of the 75th:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Sections 34-8-102 and 34-8-81 of the Official Code of Georgia Annotated, relating to employ ment security, of additional funds which are otherwise available to the De partment of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States.
Referred to Committee on Appropriations.

HB 149. By Representatives Williams of the 54th and Brooks of the 34th:
A bill to amend Code Section 18-4-62 of the Official Code of Georgia Anno tated, relating to summons of garnishment and answers generally, so as to provide that in certain cases the garnishee may immediately answer a summons.
Referred to Committee on Judiciary.

HB 188. By Representative Greer of the 39th:
A bill to amend Code Section 14-2-141 of the Official Code of Georgia An notated, relating to the number of directors of a corporation, so as to change the number of directors required for a corporation.
Referred to Committee on Industry and Labor.

THURSDAY, FEBRUARY 17, 1983

1115

HB 266. By Representative Childs of the 53rd:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, relating to the Employees' Retirement System of Georgia, so as to change a definition.
Referred to Committee on Retirement.

HB 366. By Representative Pinkston of the 100th:
A bill to amend Code Section 50-20-3 of the Official Code of Georgia Anno tated, relating to required reports and agreements by nonprofit contractors, so as to provide for the information to be included in annual audit reports submitted to state agencies by nonprofit contractors.
Referred to Committee on Industry and Labor.

HB 373. By Representatives Snow of the 1st, Darden of the 20th, Lawson of the 9th and others:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide that the cor porate name of a profit corporation shall not exceed 80 characters, including spaces and punctuation.
Referred to Committee on Judiciary.

HB 587. By Representatives Jackson, Wood and Lawson of the 9th:
A bill to provide for and describe boundaries for the districts for the Board of Education of the Hall County School District.
Referred to Committee on Federal, State and Community Affairs.

HB 590. By Representative Waldrep of the 80th: A bill to abolish the office of treasurer of Jasper County.
Referred to Committee on Federal, State and Community Affairs.

HB 595. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act placing the clerk of the Superior Court of Rabun County on an annual salary, so as to change the compensation of the clerk of the superior court.
Referred to Committee on Federal, State and Community Affairs.

HB 601. By Representatives Brown of the 154th and Chance of the 129th:
A bill to abolish the present mode of compensating the judge of the Probate Court of Liberty County, known as the fee system; to provide in lieu thereof an annual salary.
Referred to Committee on Federal, State and Community Affairs.

1116

JOURNAL OF THE SENATE

HB 607. By Representatives Isakson, Aiken and Wilder of the 21st and others:
A bill to amend an Act creating the Downtown Marietta Development Au thority, so as to provide for enlargement of the Downtown Marietta District.
Referred to Committee on Federal, State and Community Affairs.

HB 621. By Representatives Chambless of the 133rd, Young of the 134th, Balkcom of the 140th and White of the 132nd:
A bill to amend an Act placing certain county officers of Dougherty County upon an annual salary, so as to provide for county supplements to the sher iff", clerk of the superior court, and judge of the probate court of Dougherty County.
Referred to Committee on Federal, State and Community Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Appropriations has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 474. Do pass.
Respectfully submitted,
Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation 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 262. SB 266. HB 322. HB 443. HB 515.

Do pass as amended. Do pass. Do pass. Do pass. Do pass.

HB 539. HB 540. HB 562. HB 563. HB 564.

Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Scott of the 43rd District, Chairman

THURSDAY, FEBRUARY 17, 1983

1117

Mr. President:

The Committee on Governmental Operations has had under consideration the fol lowing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 203. Do pass as amended.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the fol lowing bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 248. Do pass. SB 261. Do pass.

HB 134. Do pass. HB 314. Do pass by substitute.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 101. SB 103. SB 108.

Do pass by substitute. Do pass as amended. Do pass as amended.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The committee on Judiciary and Constitutional Law has had under consideration the following bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:

HB 313. Do pass.

HB 72. Do pass by substitute.

1118

JOURNAL OF THE SENATE

SB 223.

Do pass by substitute.

SB 258. Do pass.

Respectfully submitted,

Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Offender Rehabilitation has had under consideration the fol lowing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 226. SB 237. SB 254.

Do pass. Do pass. Do pass as amended.

Respectfully submitted,

Senator Garner of the 30th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 268. Do pass. HB 397. Do pass.
Respectfully submitted,
Senator Timmons of the llth 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 follow ing recommendations.
HB 138. Do pass. HB 212. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

THURSDAY, FEBRUARY 17, 1983

1119

The following bills and resolutions of the Senate and House were read the second time.

SB 58. By Senators Tysinger of the 41st, McKenzie of the 14th and Foster of the 50th:
A bill to amend Code Section 34-9-12 of the Official Code of Georgia Anno tated, relating to employer's record of injuries and availability of records of the State Board of Workers' Compensation, so as to provide that, under such reasonable rules and regulations as the board may adopt, the records of the board as to any person in any previous case in which such person was a claimant shall be made available to employers or their designated representatives.

SB 60. By Senators Howard of the 42nd and Greene of the 26th:
A bill to amend Code Section 15-6-65 of the Official Code of Georgia Anno tated, relating to entry of civil cases and order for trial, so as to provide an exception regarding the order for trial of certain civil cases in the superior courts when one of the parties is 70 years of age or older and additional circumstances are found to exist.

SB 141. By Senator Howard of the 42nd:
A bill to amend Code Section 43-34-37 of the Official Code of Georgia An notated, relating to grounds for refusal to grant licenses to practice medicine and grounds for disciplining holders of such licenses, so as to include among these grounds certain conduct relating to amphetamines and sympathomimetic amine drugs or compounds designated as controlled substances.

SB 158. By Senator Littlefield of the 6th:
A bill to amend Code Section 9-11-41, relating to dismissal of civil actions, so as to change the time during which actions may be dismissed.

SB 172. By Senator Lester of the 23rd:
A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to the disposition of seized property, so as to change certain provisions relating to the return of stolen or otherwise unlaw fully obtained property to rightful owners.

SB 174. By Senators Gillis of the 20th, English of the 21st, Walker of the 19th and others:
A bill to amend Code Section 12-3-10 of the Official Code of Georgia Anno tated, relating to requirements applicable to parks, historic sites, and recrea tional areas under the custody and control of the Department of Natural Resources, so as to establish hours of operation for certain types of boats at certain state park lakes.

1120

JOURNAL OF THE SENATE

SB 199. By Senators Coggin of the 35th, Scott of the 43rd, Engram of the 34th and others:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to provide for the "Georgia Motor Vehicle Franchise Practices Act"; to provide for general provisions.

SB 213. By Senators Coverdell of the 40th and Scott of the 36th:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Industry and Trade, so as to create the Governor's Export Council; to provide for the composition of the council and for its duties.

SB 214. By Senator Kidd of the 25th:
A bill to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to prohibit fraudulent obtaining or attempting to obtain public housing, reduc tion in rent, or subsidies.

SB 232. By Senator Hudgins of the 15th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to protective orders.

SB 239. By Senators Starr of the 44th, Allgood of the 22nd and Barnes of the 33rd:
A bill to amend Code Section 9-10-91 of the Official Code of Georgia Anno tated, relating to grounds for exercise of personal jurisdiction over nonresi dents, so as to provide for personal jurisdiction over nonresidents in certain domestic relations cases.

SB 240. By Senators Starr of the 44th, Allgood of the 22nd and Barnes of the 33rd:
A bill to amend Code Section 19-6-1 of the Official Code of Georgia Anno tated, relating to the definition of alimony and when alimony is authorized and how alimony is determined, so as to provide for continuing jurisdiction in the court initially entering an order requiring a party to make periodic payments for child support or alimony.

SB 246. By Senators Hudgins of the 15th, Bond of the 39th, Tate of the 38th and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the Council of Juvenile Court Judges may receive legal or social case information on children.

THURSDAY, FEBRUARY 17, 1983

1121

SB 247. By Senators Garner of the 30th, Engrain of the 34th, Thompson of the 32nd and others:
A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to make it unlaw ful knowingly to publish or broadcast the name or identity of a person under the age of 17 years who has been or may have been the victim of a crime which constitutes a felony without the written consent of a parent or the legal guardian of such person.

SB 252. By Senators Phillips of the 9th and Peevy of the 48th:
A bill to amend an Act continuing and re-creating the State Court of Gwinnett County, as amended, so as to change the provisions relating to vacan cies in the office of judge of the State Court of Gwinnett County.

SB 253. By Senators Peevy of the 48th and Phillips of the 9th:
A bill to amend an Act to continue and re-create the State Court of Gwin nett County, as amended, so as to provide for an additional judge for the State Court of Gwinnett County.

SB 255. By Senators Gillis of the 20th, Bryant of the 3rd and Walker of the 19th:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, by adding immediately following Part 6 a new part to be designated Part 7, so as to create the Sapelo Island Heritage Authority; to provide a short title.

SB 256. By Senators Gillis of the 20th, Bryant of the 3rd and Walker of the 19th:
A bill to amend Code Section 12-5-134 of the Official Code of Georgia An notated, relating to termination of the State Water Well Standards Advi sory Council, so as to change the date for the termination of the council and for the repeal of laws relating thereto; to provide an effective date.

SB 260. By Senator Holloway of the 12th:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the size and weight of vehicles and loads, so as to authorize vehicles whose width does not exceed 102 inches on those highways designated by the department; to provide an effective date.

SB 264. By Senator Dawkins of the 45th:
A bill to amend an Act creating the Magistrate Court of Rockdale County, as amended, so as to require that trials shall be conducted without a jury.

1122

JOURNAL OF THE SENATE

SB 269. By Senator Tysinger of the 41st:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to regulation of rule making, rates, and related organizations, as amended, so as to delete certain references to workers' compensation.

SB 272. By Senator Hudgins of the 15th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish a children's policy for the State of Georgia.

SR 83. By Senators Starr of the 44th and Horton of the 17th:
A resolution authorizing the conveyance of certain real property located in Clayton County, Georgia.

SR 86. By Senators Land of the 16th, Lester of the 23rd, Garner of the 30th and others:
A resolution relative to the federal appeals process regarding imposition of the death penalty.

SR 91. By Senators Coverdell of the 40th and Scott of the 36th:
A resolution authorizing and directing the Small Business Subcommittee of the Senate Committee on Economic Development and Tourism to study matters relating to governmental contracts with Georgia small businesses.

SR 108. By Senators Barnes of the 33rd, Thompson of the 32nd, Brantley of the 56th and others:
A resolution relative to a continuing controversy between the City of Mari etta and Cobb County.

HB 116. By Representatives Thomas of the 69th, Johnson of the 70th, Bray of the 91st and others:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to courts of municipalities, so as to authorize such courts to try and dispose of criminal cases of possession of one ounce or less of marijuana under certain circumstances.

HB 171. By Representatives McDonald of the 12th, Lambert of the 66th, Jackson of the 9th and others:
A bill to amend Chapter 6 of Title 3 of the Official Code of Georgia Anno tated, relating to wine, so as to provide for licensing and regulation of farm wineries and sales by farm wineries.

THURSDAY, FEBRUARY 17, 1983

1123

HB 185. By Representatives Colwell and Twiggs of the 4th and Anderson of the 8th:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Appalachian Judicial Circuit, to be composed of the Counties of Fannin, Gilmer and Pickens.

HB 242. By Representatives Chambless of the 133rd, Young of the 134th and Balkcom of the 140th:
A bill to amend Code Section 36-83-3 of the Official Code of Georgia Anno tated, relating to definitions regarding the local government investment pool, so as to change a definition in order to authorize certain departments, agen cies, and boards of political subdivisions to utilize the investment pool.

HB 246. By Representatives Robinson of the 58th, Isakson of the 21st, Lambert of the 66th and others:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Anno tated, relating to specialized land transactions, so as to provide for the regu lation of time-share estates.

HB 329. By Representatives Rainey of the 135th, Twiggs of the 4th, Irvin of the 11th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Anno tated, relating to hunting licenses, permits, and stamps, so as to authorize the Department of Natural Resources to enter into certain reciprocity agreements with certain states.

HB 353. By Representatives Walker of the 115th, Evans of the 84th, Phillips of the 120th and others:
A bill to amend Part 2 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Heritage Trust Program so as to extend the life of the Heritage Trust Commission until July 1, 1988.

HB 361. By Representatives Chambless of the 133rd, Lawson of the 9th, Ginsberg of the 122nd and others:
A bill to amend Code Section 29-4-2 of the Official Code of Georgia Anno tated, relating to natural guardians of minors and when bond is required thereof, so as to change the conditions under which bond is required.

HB 381. By Representatives Thomas of the 69th, Johnson of the 70th, Jackson of the 83rd and others:
A bill to amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and related criminal oflenses, so as to provide that a person commits the crime of escape when he fails to return to custody or confinement after having been released on the condition that he will return.

1124

JOURNAL OF THE SENATE

HB 430. By Representative Murphy of the 18th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to the terms of court for the superior courts of the judicial circuits of this state, so as to change the terms for the superior courts of the Tallapoosa Judicial Circuit.

HB 469. By Representative Phillips of the 120th:
A bill to amend an Act creating a new charter for the City of Vidalia, so as to change the provisions relating to fines that may be imposed for the viola tion of the laws and ordinances of the city.

HB 470. By Representative Phillips of the 120th:
A bill to amend an Act creating the Board of Commissioners of Montgom ery County, so as to change the provisions relating to the compensation and expenses of the chairman and members of the board.

HB 471. By Representative Phillips of the 120th:
A bill to amend an Act creating the office of commissioner of Wheeler County, so as to change the compensation of the commissioners.

HB 479. By Representatives Lawson, Wood and Jackson of the 9th: A bill to create a new charter for the City of Lula.

HB 506. By Representatives Dunn of the 73rd and Jones of the 78th:
A bill to amend an Act providing a new board of commissioners of Henry County, so as to change the compensation of the members of the board of commissioners.

HB 509. By Representatives Mostiler of the 75th, Johnson of the 76th, Adams of the 79th and Heard of the 43rd:
A bill to amend an Act creating the Griffin Judicial Circuit, so as to change the county supplement for the district attorneys of that judicial circuit.

HB 514. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act placing the tax commissioner of Tift County upon an annual salary, so as to authorize the board of commissioners of Tift County to fix the salary of the tax commissioner of Tift County.

HB 517. By Representative Ray of the 98th:
A bill to amend an Act establishing a municipal court in and for the City of Fort Valley, Georgia, so as to change the provisions relating to penalties imposed by such court.

THURSDAY, FEBRUARY 17, 1983

1125

HB 526. By Representatives Wood, Jackson and Lawson of the 9th:
A bill to amend an Act entitled "An Act to amend the charter of the City of Gainesville, . . . and for other purposes," so as to change the jurisdiction of the Municipal Court of Gainesville.

HB 527. By Representatives Wood, Jackson and Lawson of the 9th:
A bill to amend an Act creating a new charter for the City of Oakwood, so as to increase the maximum fine which may be imposed by the Recorder's Court of the City of Oakwood.

HR 72. By Representatives Triplett of the 128th, Ginsberg of the 122nd, Phillips of the 125th and others:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to P.O. Oil & Chemical Storage, Inc., a Georgia corporation, its successors and assigns, an irrevoca ble easement over, under, across, and through certain property owned and claimed by the state, located in Chatham County, Georgia, in the Savannah River, for the construction, installation, operation, maintenance, repair, and replacement of berthing, docking, and storage facilities.

HR 161. By Representatives Wilson, Darden and Thompson of the 20th and others:
A resolution relating to a continuing controversy between the City of Mari etta and Cobb 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:
HB 289. By Representatives Hasty and Anderson of the 8th and Barnett of the 10th: A bill to amend an Act creating the State Court of Cherokee and Forsyth Counties, so as to provide for the salaries and supplements of the judge and solicitor.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1126

JOURNAL OF THE SENATE

HB 334. By Representatives Hasty and Anderson of the 8th:
A bill to amend an Act incorporating the City of Canton, so as to change the corporate limits thereof.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 486. By Representative Crawford of the 5th:
A bill to amend an Act creating a new charter for the City of Summerville in Chattooga County, so as to create the position of city manager.

The report 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 487. By Representative Maddox of the 7th: A bill to provide a new charter for the City of Calhoun, Georgia.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 488. By Representatives Benefield, Bailey and Lee of the 72nd and others:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 17, 1983

1127

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 489. By Representatives Benefield, Bailey and Lee of the 72nd and others:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the provisions relative to the compensation of the chairman.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 490. By Representatives Benefield, Bailey and Lee of the 72nd and others:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relative to the compensation of the tax commissioner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 491. By Representatives Benefield, Bailey and Lee of the 72nd and others:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1128

JOURNAL OF THE SENATE

HB 496. By Representatives Benefield, Bailey and Lee of the 72nd and others:
A bill to amend an Act creating the State Court of Clayton County so as to increase the salary of the solicitor of said court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 499. By Representative Edwards of the 112th:
A bill to amend an Act creating a new charter for the City of Reynolds, so as to change the provisions relating to the bids for contracts for labor or materials to be furnished to the city.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 233. By Senators Coleman of the 1st and Bryant of the 3rd:
A bill to amend an Act relating to the school system of the City of Savan nah and Chatham County, as amended, so as to change certain education district designations.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to SB 233:

A BILL TO BE ENTITLED AN ACT
To amend an Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, particularly by an Act approved February 20, 1970 (Ga. L. 1970, p. 2076), an Act approved March 27, 1972 (Ga. L. 1972, p. 3098), and an Act approved April 12, 1982 (Ga. L. 1982, p. 4139), so as to change the terms of the president and members of the board; to provide for a referen dum; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 17, 1983

1129

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, particularly by an Act approved February 20, 1970 (Ga. L. 1970, p. 2076), an Act approved March 27, 1972 (Ga. L. 1972, p. 3098), and an Act approved April 12, 1982 (Ga. L. 1982, p. 4139), is amended by striking Section 3 thereof and inserting in its place a new Section 3 to read as follows:
"Section 3. (a) The board members serving from Education Districts 4, 5, 6, and 8 upon the effective date of this section shall serve out the terms to which they were elected, which shall expire December 31, 1984, and until their respective successors are duly elected and qualified under this subsection. At the general election conducted in 1984, there shall be elected to the board members from Education Districts 4, 5, 6, and 8, who shall take office on the first day of January 1985. Members elected from Education Districts 4, 5, and 6 at the 1984 general election shall serve for an initial term of office of six years and until their successors are duly elected and qualified. The member elected from Education Dis trict 8 at the 1984 general election shall serve for an initial term of office of four years and until a successor is duly elected and qualified. After these initial terms, successors to members from Education Districts 4, 5, 6, and 8 shall be elected in the general election conducted immediately prior to the expiration of their respective terms of office, shall take office on the first day of January following their election, and shall serve for a term of office of six years and until their successors are duly elected and qualified.
(b) The president of the board and the board members serving from Education Districts 1, 2, 3, and 7 upon the effective date of this section shall serve out the terms to which they were elected, which shall expire December 31, 1986, and until their respective successors are duly elected and qualified under this subsection. At the general election conducted in 1986, there shall be elected to the board the president of the board and those members from Education Districts 1, 2, 3, and 7, all of whom shall take office on the first day of January, 1987. The president and members elected from Education Districts 1 and 7 at the 1986 general election shall serve for an initial term of office of six years and until their succes sors are duly elected and qualified. Members elected from Education Dis tricts 2 and 3 at the 1986 general election shall serve for an initial term of office of two years and until their successors are duly elected and qual ified. After these initial terms, successors to the president and members from Education Districts 1, 2, 3, and 7 shall be elected in the general election conducted immediately prior to the expiration of their respective terms of office, shall take office on the first day of January following their election, and shall serve for a term of office of six years and until their successors are duly elected and qualified. No president may succeed him self in office more than twice."
Section 2. On or after the date of the approval of this Act by the Gov ernor, or on or after the date it otherwise becomes law, and at least 45 days before the time set for the beginning of qualifying for candidates for the general primary in 1984, it shall be the duty of the election superintendent

1130

JOURNAL OF THE SENATE

of Chatham County to issue the call for an election for the purpose of sub mitting this Act to the electors of Chatham County for approval or rejec tion. The superintendent shall set the date for such election for a day not less than 30 nor more than 35 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 Chatham County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

"Shall the Act changing the terms of the president and members of the Board of Public Education for the City of Savannah and the County of Chatham and changing cer tain education district designations be approved?"

All persons desiring to vote for approval of the Act shall vote "Yes,"
and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.

The expense of such election shall be borne by Chatham County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.

Section 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.

HB 498. By Representatives Benefield, Bailey and Lee of the 72nd: A bill to amend an Act creating the State Court of Clayton County, so as to change the provisions relating to the compensation of the judges and solici tor of said court.
Senator Starr of the 44th offered the following amendment:

Amend HB 498 by adding after the word and semicolon "court;" and before the word "to" on line 6 of Page 1 the following:

THURSDAY, FEBRUARY 17, 1983

1131

"to provide for contributions to the Trial Judges and Solicitors Re tirement Fund;".
By renumbering Sections 2, 3 and 4 as Section 3, 4, and 5, respectively.
By adding a new Section 2 to read as follows:
"Section 2. Said Act is further amended by adding a new Section 3A immediately following Section 3 to read as follows:
'Section 3A. In addition to the salary provided for the judges of the State Court of Clayton County in Section 3, the governing authority of Clayton County shall pay to each judge of the Senate Court of Clayton County a sum equal to the contribution required for judges by Code Sec tion 47-10-61 of the O.C.G.A., relating to employee contributions under the Trial Judges and Solicitors Retirement Fund.'"
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 bin, having received the requisite constitutional majority, was passed as amended.

The President called for the morning roll call, and the following Senators an swered to their names:

Barker Bowen Brannon Brantley Bryant Burton Coverdell Dean English Engram Fincher Foster

Garner Greene Harrison Hine Holloway Huggins Kennedy Kidd Land Lester McKenzie Peevy

Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Timmons Trulock Turner Walker

Those not answering were Senators:

Allgood Barnes

Bond Broun of 46th

Brown of 47th Cobb

1132

JOURNAL OF THE SENATE

Coggin
Coleman Dawkins (excused) Deal Gillis

Harris
Hill Horton Howard Hudgins

Littlefield McGill
Tate Tysinger

Senator Garner of the 30th introduced the chaplain of the day, Dr. A. Brantiey Harwell, pastor of the First Baptist Church, Carrollton, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 120. By Senator Bond of the 39th: A resolution commending the Atlanta Jazz Theatre.

Senator Coleman of the 1st moved that the following bill of the House be with drawn from the Senate Committee on Federal, State and Community Affairs and com mitted to the Senate Committee on Judiciary:

HB 328. By Representative Ross of the 82nd:
A bill to amend an Act creating the Toombs Circuit and providing the days for holding sessions of court in each county, so as to change the terms for which the grand jury of the superior court of Lincoln County may be convened.

On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 328 was withdrawn from the Senate Committee on Federal, State and Community Affairs and committed to the Senate Committee on Judiciary.

SENATE RULES CALENDAR

Thursday, February 17, 1983

THIRTIETH LEGISLATIVE DAY

SB 81 SB 207 HB 318 SB 193

Employees' Retirement--when employees of county probation system part of state-wide (SUBSTITUTE) (Ret--40th)
Assistant District Attorney--certain prior state employment for com puting compensation (J&CL--4th)
Multistate Reciprocity Agreement Members--exempt from vehicle registration (SUBSTITUTE) (Trns--12th)
Forfeited Property--use of money from sale of (SUBSTITUTE) (FS&CA-G--7th)

THURSDAY, FEBRUARY 17, 1983

1133

HB 82 SB 251 HB 139 HR 142 HR 144 SB 242 SB 93 HB 335 HB 278 HR 143 HB 254 HB 103 HB 81 SB 194 SB 176 SB 249 HB 21 HB 58 HB 332 HB 43 HB 194 HB 195

Alapaha Judicial Circuit--change terms of court (Judy--7th)
Gasoline, Diesel Fuel Dispensing--certain type nozzles and valves (C Aff-- 26th)
Consumers' Utility Counsel--prohibited activities (C Aff--31st)
National Professional Qualifications System for Fire Service Person nel--support (Pub Saf--28th)
Georgia Fire Academy--support urging appropriation of funds for op eration (Pub Saf--28th)
Contracts for Public Works--limit amount of retained amounts (J&CL--33rd)
Behavioral Science Practitioners--regulate (SUBSTITUTE) (Gov Op--18th)
Automobile License Plates--commemorating bicentennial (Trns--1st)
Jekyll Island State Park Authority--alcoholic beverage sale for con sumption on premises (AMENDMENT) (Gov Op--6th)
State Fire Data System--support urging appropriation of funds to continue (Pub Saf--28th)
Motor Vehicles, Traffic--modify definition of "school bus" (Trns--12th)
Child Abuse--name of child made public by news media unlawful (C&Y--5th)
Governmental Agency Emergency Vehicle--permits valid for 5 years (Trns--12th)
Methaqualone--change provisions relating to possession (SUBSTI TUTE) (J&CL--7th)
Evidence--use of interpreters by hearing impaired (SUBSTITUTE) (Hum R--52nd)
Probate Judge--may appoint attorney to act in place of judge (AMENDMENT) (J&CL--27th)
Elected Office--provisions for abolishing (Judy--49th)
Juvenile Delinquent--disposition by other county (C&Y--51st)
Superior Court Clerks--minimum annual salaries (Gov Op.--25th)
Automobile Insurance--when accident caused but vehicle not physi cally contacting another (AMENDMENT) (Judy--33rd)
Greene County--Ocmulgee Judicial Circuit--change terms of court (Judy--49th)
Ocmulgee Judicial Circuit--drawing of grand juries in each county (Judy--49th)

Respectfully submitted,
/s/ Dean of the 31st, Chairman Senate Rules Committee

1134

JOURNAL OF THE SENATE

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 81. By Senator Coverdell of the 40th:
A bill to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain classifications of members of the Employees' Retirement System of Georgia, so as to provide that persons who become employees of the state as a result of a county probation system becoming a part of the state-wide probation system shall have the right to remain members of local retirement systems.

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 Loyce Turner, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 20, 1983

SUBJECT: Fiscal Note--Senate Bill 81 (LC 7 5064) Employees' Retirement System (ERS)

This Bill provides certain retirement options to persons becoming a state employee on or after July 1, 1983 as a result of being employed by a county probation system which became a part of the statewide probation system within the Department of Offender Rehabilitation (DOOR). Retire ment options must be exercised within six months after the date the county probation system becomes a part of the statewide probation system, are ir revocable, and may not be later rescinded or modified. These options are addressed in the following paragraphs.

Two county probation systems with a total of approximately 161 em ployees could be affected by this Bill.

1. Persons who are members of a local retirement system at the time of transition to state employment may continue active membership in the local retirement system. The salary received by such an employee from DOOR shall be utilized for all purposes under the local retirement system. The em ployee would continue to pay his/her contributions required under the local

THURSDAY, FEBRUARY 17, 1983

1135

system and employer contributions would be paid by the governing authority of the applicable county from county funds to the local retirement system.
ERS and local retirement systems would incur no additional liabilities for members electing this option. County governments would incur the cost of employer contributions required under the local retirement system for members electing this option. An actuarial study coupled with a survey of persons eligible for this option would be necessary to determine the fiscal impact on county governments. Since county governments would pay em ployer contributions, DOOR would recognize a savings in the amount of employer contributions (7 3/4%) on the salaries of employees electing this option.
2. Persons who are members of a local retirement system at the time of transition to state employment may become a member of ERS and obtain creditable service under ERS for all actual service previously rendered as an employee of the county probation system. Within 30 days of a member's election of this option, the governing authority of the county or local retire ment system must pay ERS an amount equivalent to the total employee contributions made by the employee to the local retirement system plus an additional amount, as determined by ERS, which together with the em ployee contributions would be sufficient to grant the creditable service under ERS without creating any accrued liability.
For members electing this option, ERS would incur no additional liabil ities because the accrued liability created by granting such service credit would be paid jointly by the member and either the county or the local retirement system. An actuarial study coupled with a survey of persons eli gible for this option would be necessary to determine the fiscal impact on counties and local retirement systems.
3. Persons subject to this Bill who are not members of a local retire ment system at the time of transition to state employment would become members of ERS effective on the date the county probation system becomes a part of the statewide probation system. Such members may purchase cred itable service under ERS for all or any portion of previous actual service rendered as an employee of the county probation system by paying employee contributions for the amount of creditable service claimed plus an additional amount, as determined by ERS, which together with the employee contribu tions would be sufficient to grant the creditable service under ERS without creating an accrued liability. The six-month time limitation for exercising options would not apply to the purchase of this creditable service as mem bers could purchase creditable service at any time during the first five years of membership in ERS. ERS could establish payment schedules for eligible members to purchase this creditable service.
For members electing this option, ERS would incur no additional liabil ities because the accrued liability created by granting such service credit would be paid by the member.
In summary, ERS would incur no additional liability for any of the three options available. An actuarial analysis and a survey of persons af-

1136

JOURNAL OF THE SENATE

fected by this Bill would be necessary to determine the exact fiscal impact on county governments, local retirements systems, and DOOR.

/s/ W.M. Nixon State Auditor

/s/ C.T. Stevens, Director Office of Planning and Budget

Senator Coverdell of the 40th offered the following substitute to SB 81:

A BILL TO BE ENTITLED AN ACT
To amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain classifications of members of the Employees' Retirement System of Georgia, so as to provide that persons who become employees of the state as a result of a county probation system becoming a part of the state-wide probation system shall have the right to remain members of local retirement systems under certain conditions; to de fine the term "local retirement system"; to provide that such employees may become members of the Employees' Retirement System of Georgia and may transfer certain service as an employee of a county probation system to the Employees' Retirement System of Georgia under certain conditions; to pro vide that the employees of certain county probation systems which become a part of the state-wide system shall have the additional option of retiring under a local retirement system if qualified to retire under such system; to provide for control over conflicting laws or ordinances; to provide proce dures, requirements, and other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain classifications of members of the Employees' Retirement System of Georgia, is amended by adding at the end of said Part 9 a new Code Section 47-2-296 to read as follows:
"47-2-296. (a) As used in this Code section, the term 'local retire ment system' means a retirement or pension system maintained by a county which includes as members thereof employees of the county pro bation system which becomes a part of the state-wide probation system, and the term includes any such retirement or pension created by law or created by ordinance or resolution of the county under the home rule provisions of the Constitution of Georgia.
(b) Any person becoming an employee of the state at any time on or after July 1, 1984, as a result of being employed by a county probation system which became part of the state-wide probation system adminis tered by the Department of Offender Rehabilitation shall have the op tions and rights provided for by this Code section. The options available to any such employee under this Code section must be exercised within six months after the date the applicable county probation system became a part of the state-wide probation system. The option provided by subsec tion (e) of this Code section must be exercised on or before the date the

THURSDAY, FEBRUARY 17, 1983

1137

county probation system becomes a part of the state-wide probation sys tem. Any such option shall be exercised by such employee notifying, in writing, the Board of Trustees of the Employees' Retirement System of Georgia, the commissioner of offender rehabilitation, the governing au thority of the applicable county, and, when applicable, the board of trust ees or other managing body of any local retirement system of which the employee is a member. If the employee is a member of a local retirement system, such membership shall continue pending the exercise of an option provided by this Code section. The choice made by an employee in select ing an option provided by this Code section shall be irrevocable and may not at any time thereafter be rescinded or modified.
(c) If an employee subject to this Code section was a member of a local retirement system at the time the applicable county probation sys tem became a part of the state-wide probation system, such employee may either continue active membership in the local retirement system as provided in this subsection or become a member of the Employees' Re tirement System of Georgia and transfer creditable service as an em ployee of the local retirement system to the Employees' Retirement Sys tem of Georgia as provided in subsection (d) of this Code section. Such employees who are subject to the provisions of subsection (e) of this Code section shall have the additional option to retire under the local retire ment system, if qualified therefor, as provided in said subsection (e). An employee electing to continue membership in a local retirement system shall have the right to continue such membership and the salary received by such employee as an employee of the Department of Offender Reha bilitation or other state department shall be the salary of such employee for all purposes under the local retirement system. If applicable to any such employee, any county supplement to the state salary of such em ployee shall be included as salary for the purposes of a local retirement system in which such employee continues membership. Such employee shall continue to pay the employee contributions required under the local retirement system; and, for such purposes, the Department of Offender Rehabilitation or other state department if the employee subsequently becomes employed by another department of the state government may enter into an agreement with the board of trustees or other managing body of the local retirement system whereby the department may deduct such employee contributions from the compensation of the employee and pay the amount deducted to the local retirement system. Employer con tributions for continued membership in the local retirement system shall be computed at the same percentage rate applicable to all other state employees and shall be paid by the Department of Offender Rehabilita tion or by another state department when applicable to the local retire ment system. An employee continuing membership under a local retire ment system under this subsection shall retain all rights, benefits, and privileges under the local retirement system in the same manner and to the same extent as if the employee remained an employee of the county. An employee electing to continue membership in a local retirement sys tem shall not be and may not become a member of the Employees' Re tirement System of Georgia.
(d) An employee who was a member of a local retirement system as provided in subsection (c) of this Code section may elect to become a member of the Employees' Retirement System of Georgia. Any such em-

1138

JOURNAL OF THE SENATE

ployee so electing may obtain creditable service under the Employees' Retirement System of Georgia for all accredited service previously ren dered as an employee of the applicable local retirement system. For each employee so electing, the governing authority of the applicable county or the board of trustees or other managing body of the applicable local re tirement system, within 30 days after receiving the notice provided for in subsection (b) of this Code section, shall pay to the Board of Trustees of the Employees' Retirement System of Georgia a portion of the total em ployee contributions plus interest made by the employee to the local re tirement system. This payment shall be equal to the employee contribu tion plus interest which would have been accumulated had the employee always been covered by the Employees' Retirement System of Georgia. Any additional amount, as determined by the Board of Trustees of the Employees' Retirement System of Georgia, shall be paid by the local re tirement system to a maximum of prior county contributions plus inter est. Any further additional sum required will be paid by the local gov erning authority. These two sums together with the contributions of transferring employees plus interest shall be sufficient to grant the credit able service under the Employees' Retirement System of Georgia author ized by this subsection without creating any accrued liability, as a result of granting such creditable service, against the Employees' Retirement System of Georgia. The employee contributions paid to the board of trustees under this subsection shall be deposited by the board into the annuity savings fund as a credit to the member. Other funds paid to the board of trustees under this subsection shall be deposited by the board into the pension accumulation fund. Upon receiving the payments pro vided for by this subsection, the board of trustees shall enter the credita ble service provided for by this subsection upon the records of the mem ber. The employee contributions in an amount exceeding those necessary to cover the period of creditable service as a state employee under the Employees' Retirement System of Georgia shall be refunded to the em ployee upon application to the board of trustees of the local retirement system. In the event the governing authority of the applicable county and, when applicable, the board of trustees or other managing body of the applicable local retirement system fails to make appropriate payment to the Board of Trustees of the Employees' Retirement System of Geor gia in an amount equivalent to the total employee contributions and in terest plus an additional amount as determined by the Board of Trustees of the Employees' Retirement System of Georgia which, together with the employers' contributions and interest, shall be sufficient to grant the creditable services under said Employees' Retirement System of Georgia authorized by this subsection without creating any accrued liability as a result of granting such creditable service against said Employees' Retire ment System of Georgia within the prescribed time, then upon certifica tion to the appropriate state department by the Board of Trustees of the Employees' Retirement System of Georgia, any state funds due the ap plicable county shall be withheld until such payments have been made in full to the Board of Trustees of the Employees' Retirement System of
Georgia.

(e) This subsection shall not apply to the employees of a county pro bation system of any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any

THURSDAY, FEBRUARY 17, 1983

1139

future such census. The employees of other county probation systems subject to the provisions this Code section who were members of a local retirement system shall have the additional option of retiring under the local retirement system if such employees have sufficient creditable ser vice under the local retirement system to qualify for retirement benefits. Such option may be exercised by any such employee making application for retirement to the board of trustees or other managing body of the local retirement system. Any such employee electing to retire under a local retirement system shall not be eligible to transfer any creditable service under the local retirement system to the Employee's Retirement System of Georgia at the time the county probation system becomes a part of the the state-wide probation system.

(f) If an employee subject to this Code section was not a member of a local retirement system at the time the applicable county probation system became a part of the state-wide probation system, such employee shall become a member of the Employees' Retirement System of Georgia effective on the date the county probation system became a part of the state-wide probation system. Any such member may purchase as credita ble service under the Employees' Retirement System of Georgia all or any portion of previous actual service rendered by the member as an em ployee of the applicable county probation system, except in those in stances in which such member has retired or is receiving benefits from a local retirement system. Such credible service may be purchased by the member's paying to the board of trustees all employee and employer con tributions, plus regular interest thereon, under the Employees' Retire ment System of Georgia for the amount of creditable service claimed in an amount sufficient to grant creditable service under the Employees' Re tirement System of Georgia authorized by this subsection without creat ing any accrued liability, as a result of granting such creditable service, against the Employees' Retirement System of Georgia. The basis for such employee and employer contributions shall be the compensation the member received upon first becoming an employee of the Department of Offender Rehabilitation. The time limitation for exercising options pro vided for in subsection (b) of this Code section shall not apply to the purchase of creditable service under this subsection. Any eligible member may purchase such creditable service at any time during the first five years of membership in the Employees' Retirement System of Georgia and parts of such creditable service may be purchased from time to time during such five-year period. The board of trustees may establish pay ment schedules for eligible members to purchase creditable service under this subsection.

(g) To the extent this Code section conflicts with or is inconsistent
with the provisions of a local retirement or pension system affected by this Code section, whether such local retirement or pension system was created by law or by local ordinance, the provisions of this Code section shall control."

Section 2. All laws and parts of laws in conflict with this Act are repealed.

1140

JOURNAL OF THE SENATE

The following fiscal note, as required by the Rules of the Senate, was read by the Secretary:

Department of Audits 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Loyce Turner, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 16, 1983

SUBJECT: Fiscal Note--Substitute to Senate Bill 81 (LC 7 5325S) Employees' Retirement System (ERS) Local Retirement Systems

This Bill provides certain retirement options to persons becoming a state employee on or after July 1, 1984 as a result of being employed by a county probation system which became a part of the statewide probation system within the Department of Offender Rehabilitation (DOOR). Retire ment options must be exercised within six months after the date the county probation system becomes a part of the statewide probation system, are ir revocable, and may not be later rescinded or modified.

Two county probation systems with a total of approximately 161 em ployees could be affected by this Bill. The retirement options are addressed in the following paragraphs.

1. Persons who are members of a local retirement system at the time of transition to state employment may continue active membership in the local retirement system. The salary received by such an employee from DOOR or other state department, together with any additional compensation from the county, shall be utilized for all purposes under the local retirement system. The employee would continue to pay the contributions required under the local retirement system and employer contributions would be paid by DOOR, or other such department, at the same percentage rate applicable to other state employees.

ERS and the local retirement systems would incur no additional liabili ties for members electing this option. DOOR would not be affected since the department would be responsible for the same contributions under current law.

2. Persons who are members of a local retirement system at the time of transition to state employment may become a member of ERS and obtain creditable service under ERS for all accredited service previously rendered as an employee of the applicable local retirement system. Within 30 days of a member's election of this option, the local retirement system must pay

THURSDAY, FEBRUARY 17, 1983

1141

ERS the employee contributions and interest which would have accumu lated if the member had been under ERS. The local system must also pay the accumulated county contributions plus interest as requested by ERS. Additionally, the applicable county would be required to pay any further amount necessary to fund benefits without creating an accrued liability for ERS. If the county, when applicable, the local retirement system, fails to make the appropriate payments to ERS, then upon certification to the ap propriate state department by ERS, any state funds due the applicable county would be withheld until the required amounts are paid to ERS.
For members electing this option, ERS would incur no additional liabil ities because the accrued liability created by granting such service credit would be paid jointly by the county and the local retirement system. An actuarial study coupled with a survey of persons eligible for this option would be necessary to determine the fiscal impact on counties and local re tirement systems.
3. Persons who are members of a local retirement system and who are employees of a county probation system of a county with a population of less than 550,000 would have the option of retiring under their local system if they are currently eligible for retirement. Such option would apply only to persons becoming state employees and must be elected on or before the date the county system becomes part of the statewide system. If an employee elects to retire, the employee would become a member of ERS at the time the county probation system becomes part of the statewide probation system but would not be eligible to purchase any creditable service which is covered under the local retirement system.
For members electing this option, ERS would incur no additional liabil ity since such members would be prohibited from transferring such credita ble service. Since the employees affected by this option are eligible for re tirement, there would be no impact on the local retirement system.
4. Persons subject to this Bill who are not members of a local retire ment system at the time of transition to state employment would become members of ERS effective on the date the county probation system becomes a part of the statewide probation system. Such members may purchase cred itable service under ERS for all or any portion of previous actual service rendered as an employee of the applicable county probation system, except in those instances in which such member has retired or is receiving benefits from a local retirement system. To obtain such creditable service, members must pay the employee and employer contributions plus regular interest for the amount of creditable service claimed in an amount sufficient to grant the creditable service under ERS without creating an accrued liability. The sixmonth time limitation for exercising options would not apply to the purchase of this creditable service as members could purchase creditable service at any time during the first five years of membership in ERS. ERS could es tablish payment schedules for eligible members to purchase this creditable service.
For members electing this option, ERS would incur no additional liabil ities because the accrued liability created by granting such service credit would be paid by the member.
In summary, ERS would incur no additional liability for any of the four options available. An actuarial analysis and a survey of persons affected

1142

JOURNAL OF THE SENATE

by this Bill would be necessary to determine the exact fiscal impact on county governments and local retirement systems.
It should be noted that the provisions dealing with option two include creditable service as an employee of a local retirement system instead of a county probation system.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dean English Engram Fincher

Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Timmons Trulock Turner Walker

Voting in the negative was Senator Tate.

Those not voting were Senators:

Allgood Bowen Coggin

Dawkins (excused) Deal

Hudgins Tysinger

On the passage of the bill, the yeas were 48, nays 1.

THURSDAY, FEBRUARY 17, 1983

1143

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Fincher of the 54th introduced the doctor of the day, Dr. Bates Bailey, of Dalton, Georgia.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 207. By Senator Kennedy of the 4th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia An notated, relating to staff for district attorneys, so as to provide that certain prior state employment of an assistant district attorney shall be considered as prior employment as an assistant district attorney for purposes of com puting his or her compensation.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brannon ora"tleyf u Broun of 46th BBrroywannt of 47th
CBoubrtbon
Coleman Coverdell Dean English Engram Fincher

Foster Garner Gillis Greene Harris S^riSn Hill HHoinlleoway
HHoorwtoanrd
Huggins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th ?0cot..t off 4.3, rd.
S~ tumb,_ augh.
Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Coggin

Dawkins (excused) Deal

Hudgins Trulock

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1144

JOURNAL OF THE SENATE

The following resolution of the House was read and put upon its adoption:

HR 223. By Representatives Murphy of the 18th, Collins of the 144th, Snow of the 1st and others:
A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, February 18, and to reconvene at 10:00 o'clock A.M. on Monday, February 21.

On the adoption of the resolution, the yeas were 30, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 318. By Representative Lane of the 27th:
A bill to amend Article 4 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to vehicles of nonresident students, so as to ex empt residents of states which are members of the Multistate Reciprocity Agreement from the requirement of registering their vehicles in this state.
Senate Sponsor: Senator Holloway of the 12th.

The Senate Committee on Transportation offered the following substitute to HB 318:

A BILL TO BE ENTITLED AN ACT
To amend Article 4 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to vehicles of nonresident students, so as to ex empt residents of states which are members of the Multistate Reciprocity Agreement from the requirement of registering their vehicles in this state; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance of driver's licenses, so as to define an exemp tion from driver's licensing for nonresident students; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to vehicles of nonresident students, is amended by adding a new subsection (c) to Code Section 40-2-90, relating to opera tion of vehicles registered in other states, to read as follows:
"(c) Notwithstanding subsection (a) of this Code section, a nonresi-

THURSDAY, FEBRUARY 17, 1983

1145

dent student who is a resident of a state which is a member of the Multistate Reciprocity Agreement shall be exempt from the requirement of registering his motor vehicle in this state in accordance with the provi sions of said Multistate Reciprocity Agreement."
Section 2. Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance of driver's licenses, is amended by adding a new Code Section 40-5-21.1 to read as follows:
"40-5-21.1. Notwithstanding any contrary provisions of Code Sec tion 40-5-21, a nonresident of this state who is attending a school in this state shall be exempt from the driver's licensing requirements of this chapter if and only if:
(1) He or she is at least 16 years of age and has in his or her imme diate possession a valid license issued to him or her in his or her home state or country; and
(2) He or she is currently enrolled in a school in this state, has paid for the current period of enrollment the tuition charged by the school to nonresidents of Georgia, and has in his or her possession proof of pay ment of such tuition for such current period of enrollment."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy

Kidd Land Lester Littlefield McGill McKenzie Peevy Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate

1146
Thompson Timmons

JOURNAL OF THE SENATE

Turner Tysinger

Walker

Those not voting were Senators:

Allgood Bond
Broun of 46th

Dawkins (excused) Deal
Hill

Hudgins Perry
Trulock

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following resolutions of the Senate were read and adopted:

SR 123. By Senators Broun of the 46th, Scott of the 43rd, Barnes of the 33rd and others:
A resolution recognizing the Silver Dollar City Company for the develop ment of two White Water Parks in the Atlanta area.

Senator Broun of the 46th introduced the gentlemen representing Silver Dollar City Company to the Senate.

SR 127. By Senator Garner of the 30th:
A resolution commending Mr. Gary McDowell, Mr. Jay Neely, and Mr. Dennis Wayne and WLTA Radio.

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 310. By Representatives Parham of the 105th, Atkins of the 21st and Thomas of the 69th:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Anno tated, relating to pharmacists and pharmacies, so as to regulate third-party prescription programs.

THURSDAY, FEBRUARY 17, 1983

1147

The following bill of the House was read the first time and referred to committee:

HB 310. By Representatives Parham of the 105th, Atkins of the 21st and Thomas of the 69th: A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Anno tated, relating to pharmacists and pharmacies, so as to regulate third-party prescription programs.
Referred to Committee on Insurance.
The following general bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 193. By Senators Perry of the 7th and Cobb of the 28th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia An notated, relating to forfeitures, so as to provide that money and currency which is forfeited or which is realized from the sale or disposition of for feited property shall be expended or used to defray the cost of complex in vestigations, to purchase equipment; to provide technical assistance or exper tise; to provide matching funds to obtain federal grants.
The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to SB 193:

A BILL TO BE ENTITLED AN ACT
To amend Code Section 16-13-49 of the Official Code of Georgia An notated, relating to forfeitures, so as to provide that money and currency which is forfeited or which is realized from the sale or disposition of for feited property shall be vested in counties and municipalities to be expended or used to defray the cost of complex investigations, to purchase equipment, to provide matching funds to obtain federal grants, and for such other law enforcement purposes as the governing authority of the county or municipal ity deems appropriate; to provide for an exception; to provide for limitations; to provide for the expenditure of such money and currency for other public purposes under certain conditions; to provide for quarterly reports; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-13-49 of the Official Code of Georgia Anno tated, relating to forfeitures, is amended by striking paragraph (2) of sub section (f) of said Code section in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) (A) Money and currency which is forfeited or which is realized from the sale or disposition of forfeited property shall after payment of court costs vest in the local political subdivision whose law enforcement

1148

JOURNAL OF THE SENATE

officers seized it. If the money, currency, or property was seized by a municipal law enforcement agency then the money, currency, or proceeds shall vest in that municipality. If the money, currency, or property was seized by a county law enforcement agency, then the money, currency, or proceeds shall vest in that county. If the money, currency, or property was seized by joint action of a county law enforcement agency and a municipal law enforcement agency, then the money, currency, or pro ceeds shall vest in that county and that municipality and shall be divided equally between the county and municipality. If the money, currency, or property was seized by a state law enforcement agency, then the money, currency, or proceeds shall vest in the county where the condemnation proceedings are filed. Except as otherwise provided in subparagraph (B) of paragraph (1) of this subsection for payment of court costs, the local government in which the money, currency, or proceeds of forfeited prop erty vests shall expend or use such funds to defray the cost of complex investigations, to purchase equipment, to provide matching funds to ob tain federal grants, and for such other law enforcement purposes as the governing authority of the county or municipality deems appropriate ex cept that none of such money and currency shall be used to pay all or part of the salaries of law enforcement personnel. The governing author ity may, in its discretion, limit the amount of such money and currency expended for law enforcement purposes during any calendar year to $20,000.00. The remainder of such money and currency, if any, received by the governing authority during any calendar year may be expended for any other public purposes.
(B) Any law enforcement agency receiving money and currency which is forfeited or realized from the sale or disposition of forfeited property shall submit a report to the governing authority of the county or municipality on or before the tenth day of the following month of each calendar quarter itemizing the money, currency, and proceeds of for feited property received and the expenditure of the funds."
Section 2. 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:

Barker Bond Bowen Brannon

Brantley Broun of 46th Bryant Burton

Cobb Coggin Coleman Coverdell

Deal Dean Fincher Foster Garner Gillis Greene hiarris Harrison Hill Hine Holloway Horton

THURSDAY, FEBRUARY 17, 1983

1149

Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy Perry

Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Barnes Brown of 47th

Dawkins (excused) English

Engram Starr

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority was passed by substitute.

HB 82. By Representatives Patten of the 149th, Carter of the 146th and Crosby of the 150th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of court, so as to change the terms of court of the Alapaha Judicial Circuit.
Senate Sponsor: Senator Perry of the 7th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brannon

Broun of 46th Brown of 47th Bryant Burton Cobb

Coggin Coleman Deal Dean English

1150
Fincher Gillis Greene Harris Harrison Hine Holloway Howard Huggins Kennedy Kidd

JOURNAL OF THE SENATE

Land Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th

Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Brantley Coverdell Dawkins (excused)

Engram Foster Garner

Hill Horton Hudgins

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Hine of the 52nd moved that Senator Dawkins of the 45th be excused from the Senate today due to his son's illness.

On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Dawkins was excused from the Senate today.

The following general bills and resolution of the Senate and House, favorably re ported by the committees, were read the third time and put upon their passage:

SB 251. By Senators Greene of the 26th and Harris of the 27th:
A bill to amend Code Section 25-2-16 of the Official Code of Georgia Anno tated, relating to the regulation of hazardous substances, so as to specify and provide for the use of certain type nozzles and valves used in dispensing gasoline and diesel fuel at certain places of business.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

THURSDAY, FEBRUARY 17, 1983

1151

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal Dean
Engram

Fincher Foster Gillis Greene Harris Hill Hine Horton Howard Hudgins Huggins Kennedy Kidd Land Lester
Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Tysinger
Walker

Those not voting were Senators:

Allgood Brantley Dawkins (excused)

English Garner Harrison

Holloway Turner

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 139. By Representatives Walker of the 115th, Smyre of the 92nd and Evans of the 84th: A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to delete certain provisions with regard to prohibited activities of the counsel.
Senate Sponsor: Senator Dean of the 31st.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen

Brannon Brantley Brown of 47th Bryant

Burton Cobb Coggin Coleman

1152

JOURNAL OF THE SENATE

Coverdell Deal Dean English Engram Fincher Foster Gillis Greene Harris Hill Hine Holloway

Horton Howard Hudgins Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy Perry

Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Broun of 46th Dawkins (excused)

Garner Harrison

Huggins Timmons

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 142. By Representatives Martin of the 60th, Colbert of the 23rd, Hanner of the 131st and others:
A resolution supporting the recommendation of the State-wide Fire Protec tion Study Committee, the Georgia Association of Fire Chiefs, and the Georgia State Firemen's Association urging the appropriation of sufficient funds necessary to establish the National Professional Qualifications System for fire service personnel to be administered by the Georgia Firefighter Stan dards and Training Council.
Senate Sponsor: Senator Cobb of the 28th.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond

Bowen Brantley Brown of 47th

Bryant Burton Cobb

Coggin Coleman Coverdell Deal
Dean Engram Fincher
Foster Gillis
Greene Harris Hill Hine

THURSDAY, FEBRUARY 17, 1983

1153

Horton Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy Perry

Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Brannon Broun of 46th

Dawkins (excused) English Garner

Harrison Holloway Timmons

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 action thereon:

HB 130. By Representatives Walker of the 115th, Evans of the 84th, Smyre of the 92nd and Jackson of the 9th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide procedures and sanctions for violations of the offense of driving under the influence of alcohol or drugs.

Senator Barnes of the 33rd moved that the Senate insist upon the Senate substi tute to HB 130.

On the motion, the yeas were 33, nays 1; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 130.

1154

JOURNAL OF THE SENATE

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

HB 207. By Representatives McDonald of the 12th, Burruss and Wilson of the 20th and others:
A bill to provide supplementary appropriations for the fiscal year ending June 30, 1983, in addition to any other appropriations heretofore or hereaf ter made for the operation of state government and the purposes provided for herein.

The Conference Committee report on HB 207 was as follows:

The Conference Committee on HB 207 recommends that both the Sen ate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 207 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Terrell A. Starr Senator, 44th District
/s/ Al Holloway Senator, 12th District
/s/ Joseph E. Kennedy Senator, 4th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Lauren McDonald, Jr. Representative, 12th District
/s/ A. L. Burruss Representative, 20th District
/s/ Marcus E. Collins Representative, 144th District

Conference Committee substitute to HB 207:

A BILL TO BE ENTITLED AN ACT
To provide supplementary appropriations for the fiscal year ending June 30, 1983, in addition to any other appropriations heretofore or hereaf ter made for the operation of state government and the purposes provided for herein; to confer certain responsibilities upon the Office of Planning and Budget; to provide an effective 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 fiscal year beginning July 1, 1982, and ending June 30, 1983, as prescribed hereinafter for such fiscal year, and are in addition to any other appropria tions heretofore or hereinafter made for the operation of State government.

THURSDAY, FEBRUARY 17, 1983

1155

JUDICIAL BRANCH

Section 1. Supreme Court. Budget Unit: Supreme Court

25,400

Section 2. Superior Courts. Budget Unit: Superior Courts

60,000

Section 3. Court of Appeals. Budget Unit: Court of Appeals .......

19,000

Section 4. Appellate Court Reports. Budget Unit: Court Reports ............... $

26,000

EXECUTIVE BRANCH

Section 5. Department of Administrative Services.
A. Budget Unit: Department of Administrative Services ................. $
1. Departmental Administrative Budget:
Personal Services ......................... $ Telecommunications ...................... $ Direct Payments to Georgia
Building Authority for Operations ............................ $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
2. Treasury and Fiscal Administrative Budget:
Computer Charges ....................... $ Unemployment Compensation
Reserve ...............................$ Telecommunications ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
3. Procurement Administration Budget:
Publications and Printing .................. $ Telecommunications ...................... $

1,877,874
--0-- 5,500
1,614,109 1,619,609 1,619,609
233,965 5,000 7,500
246,465 246,465
3,000 6,500

1156

JOURNAL OF THE SENATE

Total Funds Budgeted .................... $ State Funds Budgeted .................... $
4. Space Management Administration Budget:
Travel ..................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

9,500 9,500
2,300 2,300 2,300

The Department of Administrative Services is au thorized to purchase a third chiller for the computer center from budgeted fees charged to user agencies through billings.
Provided, the Department is authorized to utilize from funds previously appropriated for Direct Payments to Georgia Building Authority for Capital Outlay the amount of $233,091 to be distributed as follows: $16,400 in Personal Services in the Departmental Administrative Budget, $30,800 in Computer Charges in the Treasury and Fiscal Administrative Budget, and $185,891 for Di rect Payments to Georgia Building Authority for Opera tions, without the requirement of obtaining prior approval of the Fiscal Affairs Sub-Committees or the Office of Planning and Budget.
B. Budget Unit: Georgia Building Authority ............................. $
Georgia Building Authority Budget:
Regular Operating Expenses ............... $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

1,120,000 680,000
1,800,000

The Georgia Building Authority is authorized to ap ply an amount not to exceed $65,000 of Authority Lease Rental appropriation for operating expenses. It is the in tent of this General Assembly that the rates charged to State employees for parking in the Capitol Hill area not be increased.

Section 6. Department of Agriculture.
A. Budget Unit: Department of Agriculture............................ $

64,532

THURSDAY, FEBRUARY 17, 1983
1. Internal Administration Budget:
Computer Charges ....................... $ Total Funds Budgeted ................... $ State Funds Budgeted ................... $
2. Information and Education Budget:
Publications and Printing .................. $ Total Funds Budgeted ................... $ State Funds Budgeted .................... $
Provided, that the Athens and Tifton Veterinary Laboratories are authorized to charge reasonable testing fees only for export swine and cattle.
Section 7. Department of Community Affairs.
A. Budget Unit: Department of Community Affairs ..................... $
Community and Economic Development Budget:
Appalachian Regional Commission Assessment............................ $
Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Section 8. Office of Comptroller General.
Budget Unit: Office of Comptroller General ...............................$
1. Internal Administration Budget: Equipment Purchases ..................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Section 9. Department of Defense.
Budget Unit: Department of Defense........ $
Georgia Army National Guard Budget:
Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

1157
20,000 20,000 20,000
44,532 44,532 44,532
44,668
44,668 44,668 44,668
7,410 7,410 7,410 7,410
74,237
296,958 296,958 74,237

1158

JOURNAL OF THE SENATE

Section 10. State Board of EducationDepartment of Education.

A. Budget Unit: Department of

Education ....................

$

1. Administrative Services Budget:
Regular Operating Expenses ............... $ Computer Charges ....................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

2. Professional Standards Commission Budget:
Real Estate Rentals ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

13,327,417
19,000 17,000 6,500 42,500 6,500
1,197 1,197 1,197

Provided, however, each Area Voc.-Tech School shall have the authority to transfer between any and all object classes of expenditure except Personal Services without prior approval of the Department of Education or the Office of Planning and Budget.
3. Professional Practices Commission Budget:
Personal Services............... Total Funds Budgeted .......... State Funds Budgeted ..........
4. Local Programs Budget:
APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) (Code Section 20-2-157(a))........ Salaries of Instructional Personnel (Sec. 7) (Code Section 20-2-153) .......... Salaries of Administrative and Supervisory Personnel (Sec. 2la) (Code Section 20-2-181) .......... Instructional Media........... Maintenance and Operation. . . . Sick and Personal Leave ......
Non-APEG Grants:
Teacher Retirement .......... High School Program .........

6,000 6,000 6,000
7,082,650
1,051,720
771,270 208,800 1,028,700 58,000
1,770,075
25,000

THURSDAY, FEBRUARY 17, 1983

1159

Quick Start Program ................... $ Instructional Aides ..................... $ Teacher Health Insurance ............... $
Child Care Lunch Program (Federal) ................... $
Special Project Grant................... $
Total Funds Budgeted .................... $ State Funds Budgeted .................... $

338,720 740,710 238,075
1,000,000 59,500
14,373,220 13,313,720

B. Budget Unit: Institutions .................. $ 191,000

1. Georgia Academy for the Blind Budget:

Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

10,000 10,000 10,000

2. Georgia School for the Deaf Budget:

Utilities. ................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

17,500 17,500 17,500

3. Atlanta Area School for the Deaf Budget:

Per Diem, Fees and Contracts ............. $

Utilities .................................$

Total Funds Budgeted .................... $

State Funds Budgeted ...............

$

20,000 2,500 22,500 2,500

4. North Georgia Vocational-Technical School Budget:

Capital Outlay........................... $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

180,000 84,000 264,000 120,000

5. South Georgia Vocational-Technical School Budget:

Utilities................................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

41,000 41,000 41,000

The Department is authorized and directed to utilize $53,000 of available funds in Budget Unit "A" for the purpose of paying Personal Services at the Atlanta Area School for the Deaf.
Provided, further, the Department is authorized to utilize up to $16,000 of available funds for the purpose of

1160

JOURNAL OF THE SENATE

repairing dormitory roofs at South Georgia VocationalTechnical School, without the requirement of obtaining prior approval of the Fiscal Affairs Sub-Committees or the Office of Planning and Budget.

Section 11. Forestry Commission.
Budget Unit: Forestry Commission.......... $
1. General Administration and Support Budget:
Payments to the University of Georgia, School of Forestry for Forest Research.............................. $
Total Funds Budgeted .................... $ State Funds Budgeted .................... $

75,000
75,000 75,000 75,000

Section 12. Georgia Bureau of Investigation.
Budget Unit: Georgia Bureau of Investigation........................... $
1. Investigative Division Budget:
Personal Services......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
2. Forensic Sciences Division Budget:
Personal Services......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
3. Georgia Crime Information Center Budget:
Telecommunications ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

69,000
20,000 20,000 20,000
3
9,000 9,000 9,000
40,000 40,000 40,000

Section 13. Office of the Governor.
A. Budget Unit: Governor's Office ............. $
1. Governor's Office Budget:
Cost of Operations ....................... $ Governor's Emergency Fund ............... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

1,125,000
25,000 1,100,000 1,125,000 1,125,000

THURSDAY, FEBRUARY 17, 1983
B. Budget Unit: Office of Planning and Budget............................ $
1. Council of the Arts Budget:
Art Grants-State Funds ................... $ Real Estate Rentals ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
2. Office of Consumer Affairs:
Personal Services......................... $ Total Funds Budgeted .................... $ State Funds Budgeted ....................$
3. State Energy Office Budget:
Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

1161
28,365
--0-- 16,500 16,500 16,500
11,865 11,865 11,865
51,000 51,000 --0--

Section 14. Department of Human Resources.
A. Budget Unit: Departmental Operations ............
1. General Administration and Support Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Telecommunications ...................... $ Postage .................................$ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
2. Special Programs Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Publications and Printing.................. $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Menninger Group Homes.................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

3,916,603
129,000 14,068 53,094 47,000 2,000 245,162 151,757
2,500 8,000 1,660 3,000 10,200 2,032 2,000 15,608 18,000 63,000 63,000

1162

JOURNAL OF THE SENATE

3. Public Health--Local Services Budget:
Real Estate Rentals ...................... $ Telecommunications ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
4. Rehabilitation Services--Program Direction and Support Budget:
Computer Charges ....................... $ Telecommunications ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
5. Rehabilitation Services-- Facilities Budget:
Telecommunications ...................... $ Utilities... .............................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
6. Public Assistance Budget:
AFDC Benefits .......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
7. Local Services--Community Services and Benefits Payments Budget:
Local Services Benefits Payments Grants ....................... $
Total Funds Budgeted .................... $ State Funds Budgeted .................... $
8. Family and Children Services-- Program Direction and Support Budget:
Publications and Printing .................. $ Equipment .............................. $ Computer Charges ....................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
9. Public Health--Family Health Budget:
Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

6,666 38 ; 310 44,976 44,976
84,000 17,500 101,500 101,500
7,500 14,280 21,780 21,780
3,558,719 3,558,719 1,200,000
246,000 246,000 123,000
269,562 13,000
1,260,456 1,543,018
873,590
37,000 37,000 37,000

THURSDAY, FEBRUARY 17, 1983

1163

10. Roosevelt Warm Springs Rehabilitation Institute Budget:
State Funds Budgeted .................... $

1,300,000

Provided that the Department is authorized to create a new object class entitled Crippled Children's Clinics, and to transfer thereto an amount not to exceed $175,000 from the object class Crippled Children Benefits, together with an amount of State funds presently being applied to clinic operation but classified as Per Diem, Fees and Con tracts.
Provided however, of the $30,746,391 previously ap propriated for State Fiscal Year 1983 for Grant-in-Aid to Counties, the Department of Human Resources is author ized and directed to utilize $243,326 for the purpose of renovating the Binion Building.
Provided that the Department is authorized to in crease by three the budgeted position count for Mental Health--Program Direction and Support Budget.
C. Budget Unit: Community Mental Health/ Mental Retardation, Youth Services and Institutions ............................ $
1. Georgia Regional Hospital at Augusta Budget:
Telecommunications ...................... $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
2. Georgia Regional Hospital at Atlanta Budget:
Telecommunications ...................... $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
3. Georgia Regional Hospital at Savannah Budget:
Telecommunications ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
4. West Central Georgia Regional Hospital Budget:
Regular Operating Expenses ............... $

2,353,043
6,000 9,900 15,900 15,900
10,800 54,300 65,100 65,100
3,500 3,500 3,500
3,087

1164

JOURNAL OF THE SENATE

Telecommunications ...................... $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
5. Northwest Georgia Regional Hospital at Rome Budget:
Telecommunications ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
6. Gracewood State School and Hospital Budget:
Telecommunications ...................... $ Utilities................................. $ Total Funds Budgeted ....................$ State Funds Budgeted .................... $
7. Southwestern State Hospital Budget:
Telecommunications ...................... $ Utilities................................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
8. Georgia Retardation Center Budget:
Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities................................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
9. Central State Hospital Budget:
Regular Operating Expenses ............... $ Utilities................................. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
10. State Youth Development Centers Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Equipment Purchases ..................... $ Telecommunications ...................... $ Utilities .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

16,000 35,975 55,062 55,062
3,500 3,500 3,500
14,735 100,168 114,903 114,903
8,000 41,000 49,000 49,000
10,000 6,400 19,500 35,900 35,900
284,750 617,974 669,000 1,571,724 1,144,902
78,142 38,318 24,040 9,500 85,000 99,505 334,505 334,505
11

THURSDAY, FEBRUARY 17, 1983
11. Regional Youth Development Centers Budget:
Telecommunications ...................... S Utilities .................................$ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
12. Community Mental Health/ Mental Retardation Services Budget:
Supportive Living Benefits ................. $ Community Mental Retardation
Residential Services .................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
13. Community Youth Services Budget:
Telecommunications ...................... $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
14. Medicaid and Medicare Certification Reserve Budget:
Personal Services ......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

1165
3,500 30,000 2,000 35,500 35,500
152,787 117,184 269,971 269,971
13,000 2,300 15,300 15,300
210,000 210,000 210,000

Provided however, of the $4,531,875 previously ap propriated for State Fiscal Year 1983 for Authority Lease Rentals, the Department of Human Resources is authorized and directed to utilize $225,000 for expendi tures authorized in the Appropriations Act.

Section 15. Department of Industry and Trade.
A. Budget Unit: Department of Industry and Trade............................. $
1. Industry Budget:
Personal Services......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

49,000
12,826 12,826 12,826
1

1166

JOURNAL OF THE SENATE

2. Internal Administration Budget:
Personal Services ......................... $ Georgia Semiquincentenary
Commission ........................... $ Total Funds Budgeted ................... $ State Funds Budgeted .................... $ Total Positions Budgeted

11,174
25,000 36,174 36,174
1

Section 16. Department of Labor.
A. Budget Unit: Inspection Division ........... $
Inspection Division Budget:
Regular Operating Expenses ............... $ Travel ..................................$ Real Estate Rentals .....................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training ............... $
1. Basic Employment Security and W.I.N. Budget:
Personal Services ......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

30,426
3,046 27,000
380 30,426 30,426
104,026
1,040,260 1,040,260
104,026

Section 17. Department of Law.
Budget Unit: Department of Law........... $
Attorney General's Office Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

45,000
15,000 30,000 45,000 45,000

Section 18. Department of Medical Assistance.
Budget Unit: Medicaid Services ............ $
1. Commissioner's Office Budget:
Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

11,840,777
56,000 56,000 28,000

THURSDAY, FEBRUARY 17, 1983

1167

2. Administration Budget:

Per Diem, Fees and Contracts ............. $ Audit Contracts.......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

10,000 75,000 85,000 61,250

3. Program Management Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

55,161 500
2,000 57,661 17,298
5

4. Operations Budget:

Publications and Printing .................. $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

80,000 44,000 124,000 27,250

5. Benefits Payments Budget:

Medicaid Benefits ........................ $ Payments to Counties
for Mental Health...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

34,789,560
1,237,030 36,026,590 11,706,979

Section 19. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration......................
Agency Assessments ...................
1. Applicant Services Budget:
Per Diem, Fees and Contracts Postage .................... Total Funds Budgeted ....... Agency Assessments .........
2. Employee Training and Development Budget:
Per Diem, Fees and Contracts ........... Total Funds Budgeted .................. Agency Assessments ....................

106,000 106,444
16,844 20,000 36,844 36,844
50,000 50,000 50,000

1168

JOURNAL OF THE SENATE

3. Health Insurance Administration Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Equipment Purchases ..................... $ Computer Charges ....................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ Employer and Employee Contributions ...... $ State Funds Budgeted .................... $ Total Positions Budgeted
4. Health Insurance Claims Budget:
Per Diem, Fees and Contracts ............$ Health Insurance Claims .................. $ Total Funds Budgeted .................... $ Employer and Employee
Contributions .......................... $
5. Internal Administration Budget:
Computer Charges ....................... $ Total Funds Budgeted .................... $ Agency Assessments ...................... $
6. Commissioner's Office Budget:
Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ Agency Assessments ..................... $

76,844
106,000 6,600
189,444 83,444 106,000
0
661,935 4,330,000 4,991,935
4,991,935
9,600 9,600 9,600
10,000 10,000 10,000

Section 20. Department of Natural Resources.

Provided, however, that $175,000 of Lake Lanier Is lands Development Authority agency funds are desig nated and committed for capital improvements and equipment purchases at Lake Lanier Islands.

Section 21. Department of Offender Rehabilitation.
A. Budget Unit: Department of Offender Rehabilitation ..................

6,946,602

THURSDAY, FEBRUARY 17, 1983
1. General Administration Support Budget:
Computer Charges ....................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
2. Georgia Diagnostic and Classification Center Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
3. Consolidated Branches Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
4. Middle Georgia Correctional Institution Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Utilities .................................$ Capital Outlay........................... $ Payments to Central State
Hospital for Utilities.................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
5. Jack T. Rutledge Correctional Institution Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
6. Adult Facilities and Programs Budget:
Regular Operating Expenses ............... $ Equipment Purchases ..................... $ Real Estate Rentals ...................... $

1169
84,000 84,000 84,000
405,144 10,560 63,750
479,454 379,454
93
621,215 18,498 80,000
719,713 719,713
67
530,677 15,170 39,600 2,000
9,500 596,947 596,947
55
150,855 4,598 7,500
162,953 162,953
17
178,365 382,011 109,000

1170

JOURNAL OF THE SENATE

Telecommunications ........... Per Diem, Fees and Contracts . . Utilities...................... Court Costs .................. Inmate Release Funds ......... County Subsidy ............... Grants for County Workcamp
Construction................ Revolving Fund for County
Workcamp Construction...... Central Repair Fund .......... County Subsidy for Jails ....... Total Funds Budgeted ......... State Funds Budgeted .........
7. Training and Staff Development Center Budget:
Regular Operating Expenses ............... $ Travel ..................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
8. Food Processing and Distribution Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Payments to Central State
Hospital for Meals ..................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
9. Farm Operations Budget:
Regular Operating Expenses ............... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
10. Dodge Correctional Institution Budget:
Personal Services......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
11. Health Care Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Payments to the Medical Association
of Georgia for Jail and Prison Health Care Certification................ $ Health Service Purchases.................. $

45,000 200,000 350,000 220,000 280,000 232,688
42,500
50,000 50,000 2,139,564 2,139,564
45,044 11,956 57,000 57,000
66,292 --0--
278,000 344,292 344,292
7
335,000 335,000 335,000
741,000 741,000 741,000
94,324 33,000
22,000 443,355

THURSDAY, FEBRUARY 17, 1983
Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
12. Georgia State Prison Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Equipment Purchases ..................... $ Telecommunications ...................... $ Utilities................................. $ Capital Outlay ........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

1171
592,679 592,679
8
175,000 140,000
8,000 218,000 171,000
5,000 55,000 22,000 794,000 794,000
84

Provided however, of the $840,000 previously appro priated for State Fiscal Year 1983 for Authority Lease Rentals, the Department of Offender Rehabilitation is authorized and directed to utilize $100,000 for expendi tures authorized in this appropriations act.
Employees in the classes of Correctional Officer I and II, Correctional Sergeant, Correctional Lieutenant, and Correctional Captain who work in and provide direct supervision and control of inmates housed in a Special Management Unit so designated by the Commissioner of Offender Rehabilitation may be paid a salary supplement for hours worked in a Special Management Unit at a rate not to exceed $100 per month.
B. Budget Unit: Board of Pardons and Paroles ...............................$
Board of Pardons and Paroles Budget:
Personal Services ......................... $ Regular Operating Expenses .............. $ Travel ............................ . . .... $ Publications and Printing ................ $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ County Jail Subsidy ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
D. Budget Unit: Probation Division Operations ............................ $

525,000
296,534 51,583 28,134 1,500 73,744 8,500 15,063 34,942 15,000
525,000 525,000
52
426,885

1172

JOURNAL OF THE SENATE

1. Probation Operations Budget:
Personal Services .........................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
2. Diversion Centers Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Equipment Purchases ..................... $ Telecommunications ...................... $ Utilities ...............................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

116,131 116,131 116,131
222,000 38,864 1,500 69,390 4,000 10,000 345,754 310,754 26

Section 22. Department of Public Safety.
Budget Unit: Department of Public Safety ................................$
1. Driver Services Budget:
Personal Services ......................... $ Telecommunications ...................... $ Computer Charges ....................... $ Total Funds Budgeted ................... $ State Funds Budgeted .......... $ Total Positions Budgeted
2. Field Operations Budget:
Telecommunications ...................... $ Per Diem, Fees and Contracts .... $ Total Funds Budgeted ................... $ State Funds Budgeted .................... $
3. Police Academy:
Telecommunications ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
4. Office of Highway Safety Budget:
Personal Services ......................... $ Total Funds Budgeted ................... $ State Funds Budgeted .................... $ Total Positions Budgeted

277,579
21,000 22,250 47,640 90,890 90,890
8
107,750 60,920 168,670 168,670
3,768 3,768 3,768
57,388 57,388 14,251
2

THURSDAY, FEBRUARY 17, 1983
Section 23. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction and University System Institutions ...........
1. Resident Instruction Budget:
Operating Expenses: Educ., Gen., and Dept. Svcs..
Teachers' Retirement ......... Total Funds Budgeted ........ State Funds Budgeted ........
Provided, the Board of Regents is authorized to transfer from available funds in other object classes to Teacher Retirement object class without prior approval of the Fiscal Affairs Sub-Committees or the Office of Plan ning and Budget.
B. Budget Unit: Regents Central Office ........ $
Grants to Junior Colleges ................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Section 24. Department of Revenue.
Budget Unit: Department of Revenue ....... $
1. Departmental Administration Budget:
County Tax Officials/Retirement and PICA... .......................... $
Total Funds Budgeted .................... $ State Funds Budgeted .................... $
2. Field Audit Services Budget:
Regular Operating Expenses ............... $ Publications and Printing .................. $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
3. Internal Administration Budget:
Real Estate Rentals ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

1173
914,096
500,000 414,096 914,096 914,096
502,040 502,040 502,040 502,040
328,654
161,000 161,000 161,000
6,875 1,000 1,168 95,682 32,909 137,634 137,634
30,020 30,020 30,020

1174

JOURNAL OF THE SENATE

Section 25. Secretary of State.
A. Budget Unit: Secretary of State .....
1. Occupational Certification Budget:
Personal Services ......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
2. General Services Budget:
Publications and Printing .................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
3. Internal Administration Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
4. Elections and Campaign Disclosure Budget:
Election Expenses ........................ $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

306,388
28,623 28,623 28,623
27,300 27,300 27,300
40,465 10,000 50,465 50,465
200,000 200,000 200,000

Section 26. Georgia Student Finance Commission.
Budget Unit: Georgia Student Finance Commission ..........
1. Internal Administration Budget:
Regular Operating Expenses ..... Travel ........................ Telecommunications ............ Per Diem, Fees and Contracts . . . Total Funds Budgeted .......... State Funds Budgeted ..........
2. Georgia Student Finance Authority Budget:
Law Enforcement Personnel Dependents' Grants......
Total Funds Budgeted ..... State Funds Budgeted .....

3,000
119,999 2,300 8,529 46,740
177,568 --0--
3,000 3,000 3,000

THURSDAY, FEBRUARY 17, 1983
Section 27. Soil and Water Conservation Committee.
Budget Unit: Soil and Water Conservation Committee ................ $
1. Soil and Water Conservation Dam Safety Budget:
Computer Charges ....................... $ Telecommunications ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

1175
4,000
2,500 1,500 4,000 4,000

Section 28. Department of Transportation.

As authorized in the Amended General Appropria tions Act for S.F.Y. 1981, $208,500,000 in principal amount of General Obligations Bonds were sold for ad vance construction of the interstate system. The General Assembly of Georgia recognizes that the Department of Transportation is seeking a partial Federal reimburse ment of $24,748,573 in order to provide $4,748,573 for debt-service payment in State Fiscal Year 1983, and to pay $20,000,000 into the State General Treasury by June 30, 1983. This General Assembly further recognized that these payments shall be applied to the $187,650,000 orig inally due to be repaid to the State Treasury, leaving a principal balance of $162,901,427 to be repaid to the State Treasury.

Section 29. Workers' Compensation Board.
Budget Unit: Workers' Compensation Board ................................$
1. Workers' Compensation Administrative Budget:
Personal Services ......................... $ Computer Charges ....................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

46,965
26,965 20,000 46,965 46,965

Section 30. State of Georgia General Obligation Debt Sinking Fund.
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New).................... $

6,270,368

1176

JOURNAL OF THE SENATE

Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $390,000 is specifically appropriated for the pur pose of financing the renovation of facilities under the control of the State Board of Regents of the University System through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,194,400 is specifically appropriated for the pur pose of financing the construction of Area VocationalTechnical Schools at Valdosta and Columbus through the issuance of not more than $8,440,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $3,685,968 is specifically appropriated for the pur pose of financing the expansion of facilities under the control of the Georgia Ports Authority through the issu ance of not more than $14,200,000 in principal amount of General Obligation Debt.
Section 31. There is hereby appropriated $333,000 for the purpose of increasing the State of Georgia em ployer's contribution for health insurance from 6.5% to 7.7% to be effective June 16, 1983.
Section 32. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Section of this Act shall be in excess of the ac tual approved budget allotments for the fiscal year, the amounts so in excess as determined by the Office of Plan ning and Budget shall cease to be an obligation of the state.

Section 33. TOTAL SUPPLEMENTARY AP PROPRIATION
State F.Y. 1983 ...................... $

52,344,355

Section 34. This Act shall become effective upon its approval by the Governor or upon its becoming law with out his approval.
Section 35. All laws and parts of laws in conflict with this Act are repealed.

Senator Holloway of the 12th moved that the Senate adopt the Conference Com mittee report on HB 207.

THURSDAY, FEBRUARY 17, 1983

1177

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators Allgood and Dawkins (excused).

On the motion, the yeas were 54, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 207.

The following resolutions of the Senate were read and adopted:

SR 115. By Senator Broun of the 46th: A resolution recognizing Janet Harris.

SR 116. By Senator Broun of the 46th: A resolution recognizing Kathy McMinn and Kathy Neibel.

SR 117. By Senators Broun of the 46th, Allgood of the 22nd and Lester of the 23rd: A resolution recognizing Mitzie Edge and Cindy Pleger.

SR 118. By Senators Gillis of the 20th, English of the 21st, Walker of the 19th and others:
A resolution recognizing Kathy Rankins, Tanaya King, Valerie Morgan, Renee Thompson, and Veronica Walker.

1178

JOURNAL OF THE SENATE

SR 124. By Senators Scott of the 36th and Broun of the 46th:
A resolution recognizing Mary Jane Billheimer, Beth Cuddeback, Carol Downey, Ann Fitzgerald, Libba Newman, Alison Orr, Jody Stetson, and Barbie Sumner.

The following general resolution of the House and bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

HR 144. By Representatives Martin of the 60th, Colbert of the 23rd, Hanner of the 131st and others:
A resolution supporting the recommendation of the State-wide Fire Protec tion Study Committee, the Georgia Association of Fire Chiefs, and the Georgia State Firemen's Association urging the appropriation of sufficient funds for the operation of the Georgia Fire Academy and for the addition of one instructor to develop and implement courses of study and programs in volving public fire safety education.
Senate Sponsor: Senator Cobb of the 28th.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal Dean Engram Fincher

Foster Garner Gillis Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Tysinger Walker

THURSDAY, FEBRUARY 17, 1983

1179

Those not voting were Senators:

Allgood Bowen Brannon

Dawkins (excused) English Greene

Scott of 2nd Trulock

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 242. By Senator Barnes of the 33rd:
A bill to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, so as to limit the amount of retained amounts; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coggin Coleman Deal Dean English Engram Fincher

Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Turner Tysinger Walker

Voting in the negative was Senator Horton.

Those not voting were Senators:

Allgood Brannon Burton

Coverdell Dawkins (excused)

Timmons Trulock

1180

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 48, nays 1.

The bill, having received the requisite constitutional majority, was passed.

SB 93. By Senators Barker of the 18th, Kidd of the 25th and Garner of the 30th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate behavioral science practition ers; to provide a short title; to provide for legislative intent, purpose, and findings.

The Senate Committee on Governmental Operations offered the following substi tute to SB 93:

A BILL TO BE ENTITLED AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate behavioral science practition ers; to provide a short title; to provide for legislative intent, purpose, and findings; to provide for definitions; to create the Georgia Behavioral Science Practitioners Licensing Board and provide for its appointment and confirma tion, membership, organization, functions, duties, quorum, meetings, rules and regulations, a code of ethics, and reimbursement; to provide for mem bers' terms, removal, vacancies, oaths, qualifications, and limitations upon members of the board regarding applicants; to provide for standards com mittees and their duties, functions, meetings, and reimbursement; to prohibit certain advertisements and representations and use of titles; to provide for exemptions; to provide experience, education, training, and other require ments for licensure; to provide for examinations; to provide for reciprocity; to authorize the performance of certain activities and services by licensees, subject to certain limitations; to provide for fees; to provide for expiration, renewal, and penalty dates; to limit certain renewals and reinstatements; to provide for continuing education; to provide for disciplinary actions; to pro vide for investigations; to provide for injunctive and other relief; to provide for penalties; to provide for privileged and confidential communications; 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 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding immediately following Chapter 7 of Title 43 a new Chapter 7A to read as follows:
"CHAPTER 7A
43-7A-1. This chapter shall be known and may be cited as the 'Be havioral Science Practitioner Licensing Law.'
43-7A-2. It is declared to be the purpose of the General Assembly that the activities of those persons who render services to the public in

THURSDAY, FEBRUARY 17, 1983

1181

the behavioral science specialties be regulated to ensure the protection of the health, safety and welfare of the people of this state. The General Assembly further recognizes the fact that the services provided by behav ioral science practitioners overlap and intertwine to a substantial degree. This fact results in the need for those professions to work in close har mony with each other to maintain quality service to the citizens of this state. The system of regulation established herein is intended to provide professional responsibility for the public and harmony among these professions.
43-7A-3. As used in this chapter, the term:
(1) 'Advertise' means, but is not limited to, the issuing of or causing to be distributed any card, sign, or other device or the causing or permit ting any sign or making on or in any building or structure, or in any newspaper, magazine, or directory, or on radio or television.
(2) 'Allied profession' means the practice of medicine, psychiatric nursing, applied psychology, or pastoral counseling.
(3) 'Associate' means any person who has been granted a limited license by the board to practice, for a period not to exceed five years and only in a public or private nonprofit agency, a behavioral science spe cialty other than social work, which practice shall be under direction while obtaining the experience and supervision required for licensure as a behavioral science practitioner at other than the associate level.
(4) 'Behavioral science' means a body of knowledge relating to human behavior, both individually and collectively, and the application of that body of knowledge.
(5) 'Behavioral science practitioner' means any person who practices a behavioral science specialty.
(6) 'Behavioral science specialties' means the specialties of profes sional counseling, social work, and marriage and family therapy.
(7) 'Board' means the Georgia Behavioral Science Practitioner Li censing Board established by this chapter.
(8) 'Counseling' means utilizing the behavioral sciences to help per sons learn how to solve problems and make decisions related to career, personal growth, couple, family, social, and other interpersonal concerns. Procedures utilized include intervention techniques, both verbal and non verbal, which require the application of principles, methods, or proce dures of understanding, predicting, and influencing behavior, or any com bination thereof; the use of informational and community resources for career, personal, or social development; the use of individual and group techniques for facilitating problem solving and decision making; the use of supervision, referral, and placement of persons who may utilize coun seling services; and the use of methods for designing, conducting, and interpreting research, consultation, or both.
(9) 'Direction' means the ongoing administrative overseeing of a be havioral science practitioner's work for the purpose of assuring the quali-

1182

JOURNAL OF THE SENATE

ty of the services rendered by that practitioner. Direction may be pro vided by any person acceptable to the standards committee for that speciality in which the behavioral science practitioner is working.
(10) 'Fee' means money or anything of value, including but not lim ited to a salary, offered or received in return for rendering services in any behavioral science specialty, whether paid directly by the person receiv ing the services or by any third party, including but not limited to any insurance company or governmental department or agency.
(11) 'Joint-secretary' means the joint-secretary of the state examin ing boards.
(12) 'Marriage and family therapy' means that specialty within the behavioral science specialties which centers primarily upon family rela tionships and the relationship between husband and wife and which in cludes, without being limited to, premarital, marital, sexual, family, predivorce, and postdivorce issues. This therapy also involves an applied understanding of the dynamics of marital and family systems, along with the application of psychotherapeutic and counseling techniques for the purpose of resolving intrapersonal and interpersonal conflict and chang ing perception, attitudes, and behavior in the area of marriage and fam ily life.
(13) 'Mental health counseling' means that subspecialty of profes sional counseling which uses counseling and psychotherapeutic tech niques to explore, encourage, and work toward the adoption of construc tive, growth-promoting, and adaptive behaviors, expectations, and attitudes, and the elimination of self-defeating behaviors, expectations, and attitudes of individuals, groups, or organizations in relation to self, other persons, and the environment.
(14) 'Person' means a natural person.
(15) 'Private practice' means practice in any of the behavioral sci ence specialties for a fee, other than practice in a public or nonprofit agency or entity.
(16) 'Professional counseling' means that specialty within the behav ioral science specialties which utilizes the principles and techniques of counseling to help people learn how to solve problems and make decisions related to personal growth, life goals, and other interpersonal concerns associated with career, mental health, education, and industry. The prac tice of professional counseling includes the use of assessment techniques, other than projective techniques and neuropsychodiagnostic assessment batteries, for appraising personality, aptitude, achievement, interest, mental ability, and attitudes.
(17) 'Psychotherapeutic techniques' means those techniques used in that specific area of counseling involving the in-depth exploration and treatment of interpersonal and intrapersonal dynamics.
(18) 'Recognized educational institution' means any educational in stitution which grants a bachelor's, master's, specialist, or doctoral de-

THURSDAY, FEBRUARY 17, 1983

1183

gree and which is recognized by the Council on Postsecondary Accreditation.
(19) 'Registration' means the limited license which authorizes a per son to practice as a baccalaureate social worker. The term 'registered' shall be included in the term 'license' when the latter is used in this chapter.
(20) 'Social Work' means that specialty within the behavioral sci ence specialties which helps individuals, families, couples, groups, or communities to enhance or restore their capacity for social functioning by assisting in the obtaining or improving of tangible social and health services and by counseling and psychotherapeutic techniques in a variety of settings which include but are not limited to mental and physical health facilities, child and family service agencies, or private practice.
(21) 'Supervision' means the direct clinical review, for the purpose of training or teaching, by a supervisor of a behavioral science practi tioner's interaction with a client. It may include, without being limited to, the review of case presentations, audio tapes, video tapes, and direct observation in order to promote the development of the practitioner's clinical skills.
(22) 'Supervisor' means a person who meets the requirements estab lished by the standards committee for that behavioral science specialty which is being supervised and who is a behavioral science practitioner licensed under this chapter, a psychiatrist, or a psychologist.
(23) 'The Commission on Accreditation for Marriage and Family Therapy Education' means the national accrediting agency for marriage and family therapy education as recognized by the United States Depart ment of Education.
(24) 'The Council on Social Work Education' means the national accrediting agency for social work education as recognized by the United States Department of Education and National Commission on Accrediting.
43-7A-4. (a) There is created the Georgia Behavioral Science Prac titioner Licensing Board. The board shall consist of 13 members who have been residents of this state for at least 12 months prior to taking office. Except for the member representing the public at large, the mem bers of the board shall represent the differences in gender, race, and levels of education of those persons licensed in that behavioral science specialty which they represent. The 13 members shall be constituted as follows:
(1) Four members licensed in professional counseling, including at least one licensed person from each subspecialty thereof, two of whom shall be designated at the time of their appointment to serve an initial term ending December 31, 1987, and two of whom shall be designated to serve an initial term ending December 31, 1986;
(2) (A) Two members licensed as social workers, one of whom shall be designated at the time of appointment to serve an initial term ending

1184

JOURNAL OF THE SENATE

December 31, 1987, the other of whom shall be designated to serve an initial term ending December 31, 1986;
(B) One member certificated as a baccalaureate social worker to serve an initial term ending December 31, 1986; and
(C) One member licensed as a clinical social worker to serve an ini tial term ending December 31, 1987;
(3) Four members licensed as marriage and family therapists, two of whom shall be designated at the time of their appointment to serve an initial term ending December 31, 1987, and two of whom shall be desig nated to serve an initial term ending December 31, 1986; and
(4) One member who shall represent the public at large and have no professional connection with any behavioral science specialty to serve an initial term ending December 31, 1986.
(b) All members of the board shall be appointed by the Governor, with the consent of the Senate, for initial terms of office beginning Sep tember 1, 1984. Those members of the board required to be licensed and who are first appointed to the board shall be persons who are practicing in the designated specialty or subspecialty at the time of appointment and who must be licensed therein as required within 12 months following their appointment.
(c) After the initial terms specified in subsection (a) of this Code section, members of the board shall take office on January 1 of the first year of their new term and shall serve for a term of three years and until the appointment and qualification of their respective successors. No member shall serve on the board more than two consecutive terms.
(d) Members of the board may be removed by the Governor, after notice and opportunity for hearing, for incompetence, neglect of duty, unprofessional conduct, or conviction of any felony.
(e) Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed and qualified.
43-7A-5. (a) The members of the board shall take an oath to per form faithfully the duties of their office. Within 30 days after taking the oath of office, the first board appointed under this chapter shall meet for an organizational meeting on call by the joint-secretary. At such meeting and at an organizational meeting in January every odd-numbered year thereafter, the board shall elect from its members a chairperson, vice chairperson, and secretary to serve for terms of two years.
(b) The quorum for the transaction of business of the board shall be as provided in subsection (b) of Code Section 43-1-12.
(c) The board shall adopt rules and regulations, not inconsistent with this chapter, for the conduct of its business and the carrying out of its duties.

THURSDAY, FEBRUARY 17, 1983

1185

(d) The board shall adopt a code of ethics to govern the behavior of persons licensed as behavioral science practitioners, including but not limited to the prohibiting of practice in those areas of the behavioral sci ences where the behavioral science practitioner has not obtained univer sity level graduate training or substantially equivalent supervised experience.
(e) Each member of the board shall be reimbursed as provided in subsection (f) of Code Section 43-1-2.
(0 After a person has applied for licensure, no member of the board may supervise such applicant for a fee nor shall any member vote on any applicant previously supervised by that member.
(g) The board shall hold at least two regular meetings each year, and no more than four additional meetings may be held upon the call of the chairperson of the board or at the written request of any four mem bers of the board.
43-7A-6. (a) Those members of the board from each specialty within the behavioral science specialties shall constitute a separate stan dards committee for their respective specialty. Each standards committee by majority vote shall approve or disapprove the granting of all licenses in that specialty, approve the examination required of applicants for li censure in that committee's specialty and provide for the grading of that examination, and provide for other matters relating to licensure in that specialty.
(b) No decision of a standards committee shall become effective un til approved by the board. The board may initiate or otherwise act re garding any matter in which a standards committee is authorized to act. No decision of the board regarding a particular behavioral science spe cialty shall become effective without the approval of at least one-half of the members of the standards committee for that specialty.
(c) Meetings of a standards committee shall be reimbursed on the same basis as board meetings but for not more than ten meetings per year for each such committee.
43-7A-7. (a) Except as otherwise provided in this chapter, a person who is not licensed under this chapter shall not advertise or otherwise represent that such person is so licensed or use the title 'behavioral sci ence practitioner', 'professional counseling,' 'professional counselor,' 'so cial work,' 'social worker,' 'marriage and family therapy,' 'marriage and family therapist,' 'mental health counseling,' 'mental health counselor,' or any combination of such titles, or any other name, style, or description denoting that such person is licensed under this chapter.
(b) The prohibition of subsection (a) of this Code section shall not apply to the following persons:
(1) Persons engaged in the practice of any behavioral science spe cialty prior to July 1, 1984, but the prohibition of subsection (a) of this Code section shall apply to such persons on and after July 1, 1986;

1186

JOURNAL OF THE SENATE

(2) Persons licensed to practice medicine or applied psychology under Chapter 34 or Chapter 39, respectively, of Title 43;
(3) Persons engaged in the practice of a behavioral science specialty as an employee of any licensed hospital or any agency or department of the federal government, but only when engaged in that practice as an employee of such hospital, agency, or department;
(4) Persons who, prior to July 1, 1986, engaged in the practice of a behavioral science specialty as an employee of any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as an employee of such an agency or department;
(5) Students of a recognized educational institution who are prepar ing to become behavioral science practitioners, but only if the services they render as behavioral science practitioners are under direction and supervision and their student status is clearly designated by the title 'trainee' or 'intern';
(6) Primary, middle, or secondary school social workers certified as school social workers by the Department of Education but only in the course of such employment and only when designated by the title 'school social worker'; and
(7) Members of the clergy holding a master's degree in divinity or its academic equivalent and members of religious ministries responsible to their established denominational authority and who possess equivalent education in theology studies.
(c) Unless exempt under paragraphs (1), (2), or (3) of subsection (b) of this Code section, a person who is not licensed under this chapter shall not practice for a fee a behavioral science specialty for any corpora tion, partnership, association, or other business entity which uses any term or title restricted under subsection (a) of this Code section.
43-7A-8. (a) Nothing in this chapter shall be construed to limit the practice of a behavioral science specialty by any of the following persons, except that the prohibition of subsection (a) of Code Section 43-7A-7, regarding advertising, representing, or using certain titles, names, styles, or descriptions, shall apply to such persons:
(1) Persons licensed under this title by any other state examining board;
(2) Persons who, on or after July 1, 1986, first engaged in the prac tice of a behavioral science specialty as an employee of any agency or department of the state or any of its political subdivisions;
(3) Persons engaged in the practice of alcohol or drug abuse inter vention, prevention, or treatment counseling, but this chapter shall in no way restrict the licensing or credentialing of such persons who do not advertise, represent, or use titles, names, styles, or descriptions restricted in subsection (a) of Code Section 43-7 A-7;

THURSDAY, FEBRUARY 17, 1983

1187

(4) Employees and volunteers of nonprofit religious organizations, but only in the course of such employment or volunteer service, as well as members of the ordained clergy and accredited Christian Science practi tioners; and
(5) Primary, middle, or secondary school guidance counselors.
(b) Nothing in this chapter shall be construed to limit the practice of a behavioral science specialty by any other person not licensed as a behavioral science practitioner.
43-7A-9. (a) Except as provided in subsection (b) of this Code sec tion, no person shall be eligible for licensure as a behavioral science prac titioner unless such person furnishes satisfactory evidence to the board of all of the following;
(1) Having met the education, training, and experience requirements of Code Section 43-7A-12, 43-7A-13, or 43-7A-14 regarding that spe cialty for which a license is sought;
(2) Having successfully passed the examination established for that specialty under Code Section 43-7A-10, except that:
(A) Persons practicing a behavioral science specialty on or before July 1, 1984, who have applied for licensure prior to July 1, 1985, and who meet the requirements of paragraph (1) of subsection (a) of this Code section; and
(B) Persons meeting the requirements of Code Section 43-7A-ll, relating to licensure by reciprocity,
shall not be required to pass such examination;
(3) Having paid any required license fee; and
(4) Having furnished at least two personal references from supervi sors, directors, teachers, or any combination thereof.
(b) The standards committee for each behavioral science specialty shall adopt rules by which the requirements of paragraphs (1), (2), and (4) of subsection (a) of this Code section may be deemed to have been fully or partially fulfilled for that specialty by those applicants who were previously licensed under the 'Marriage and Family Counselor Licensing Act,' approved March 24, 1976 (Ga. L. 1976, p. 659), as amended, by virtue of their having previously fulfilled the requirements for licensure under that Act.
43-7A-10. The board shall provide for the conduct of examinations for licensure in each specialty at least twice a year. Examinations may be written, oral, experiential, or any combination thereof and shall deal with such theoretical and applied fields as prescribed by the board. In written examinations, the examinee's name shall not be disclosed to any person grading the examination until that grading is complete.
43-7A-11. The board may issue a license without examination to any applicant licensed in a behavioral science specialty under the laws of

1188

JOURNAL OF THE SENATE

another state or territory having requirements for licensure in that spe cialty which are substantially equal to the licensure requirements for that specialty in this state if that state or territory accords a similar privilege to holders of licenses under this chapter.
43-7A-12. (a) The education, experience, and training requirements for licensure in professional counseling are as follows:
(1) A doctoral degree from a recognized educational institution in a program that is primarily counseling in content and requires at least one year of supervised internship in a work setting acceptable to the board; or
(2) A specialist degree from a recognized educational institution in a program that is primarily counseling in content with supervised intern ship or practicum and two years of directed experience with at least one year under supervision in a setting acceptable to the board; or
(3) A master's degree from a recognized educational institution in a program that is primarily counseling in content with supervised intern ship or practicum and four years of directed experience with at least one year under supervision in a setting acceptable to the board. Up to one year of such directed experience may have been in an approved practi cum placement as part of the degree program.
(b) For purposes of subsection (a) of this Code section, work settings acceptable to the board may include, but are not limited to, educational institutions or career development, mental health, community, or indus trial organizations.
(c) For professional counselors seeking licensure in a subspecialty of professional counseling, the education, training and experience required under subsection (a) of this Code section shall include, for licensure in mental health counseling, two years' full-time experience, under direc tion, in the practice of mental health counseling in a public or private institution or agency approved by the board.
(d) The education requirement licensure as an associate in profes sional counseling is a master's degree from a recognized educational in stitution in a program that is primarily counseling in content, which li cense shall authorize the holder to practice under the restrictions of paragraph (3) of Code Section 43-7A-3.
43-7A-13. (a) The education, experience, and training requirements for licensure in social work are as follows:
(1) For licensure as a social worker, a master's degree in social work from a school accredited by the Council on Social Work Education; and
(2) For licensure as a clinical social worker:
(A) A master's degree in social work from a school accredited by the Council on Social Work Education; and
(B) Four years' full-time supervised experience in the practice of social work following granting of the master's degree, except that one

THURSDAY, FEBRUARY 17, 1983

1189

year of supervised experience may have been in an approved practicum placement as part of a degree program. A doctoral degree in a behavioral science specialty, an allied profession, or child and family development may substitute for one year of such supervised experience. At least one year of experience shall have occurred within two years immediately pre ceding application for licensure as a clinical social worker, or the appli cant shall have met the continuing education requirement established by the board for clinical social work during the year immediately preceding application.
(b) Registered baccalaureate social workers may only provide their services in a public or private nonprofit agency or other licensed private agency approved by the board and only under board approved direction. They may provide services designed to sustain and encourage the social functioning of individuals, families, or groups, assisting them to appraise their situation, to identify problems and alternative solutions, and to an ticipate social and environmental consequences. They may not provide supervision or direction to another person licensed as a behavioral science practitioner under this chapter nor engaged in the private practice of so cial work.
(c) Social workers may render or offer to render to individuals, couples, families, groups, organizations, governmental units, or the gen eral public service which is guided by knowledge of social resources, so cial systems, and human behavior. They may provide evaluation, preven tion, and intervention services which include but are not restricted to community organization, counseling, and supportive services such as ad ministration, direction, consultation, research, or education. The first two years of their practice after licensure as a social worker shall be under direction and may only be in a public or private nonprofit agency or other licensed private agency approved by the board. Thereafter, they may en gage in private practice, except that those social workers whose practice includes psychotherapy may only engage in such practice under the su pervision of a duly qualified supervisor and only for such period of time as is prescribed for qualification to take the clinical social work licensing examination. The supervision schedule and supervisor must be acceptable to the board and must be approved prior to entering private practice.
(d) Clinical social workers may provide supervision, direction, psychosocial evaluations, and psychotherapeutic services to individuals, couples, families, and groups, may interpret the psychosocial dynamics of a situation to individuals, couples, families, or groups in such settings as private practice, health care facilities, and schools and may provide di rect evaluation, prevention, and intervention services in situations threatened or affected by social and intrapersonal stress or health impairment.
43-7A-14. (a) The education, experience, and training requirements for licensure in marriage and family therapy are as follows:
(1) For licensure as an associate in marriage and family therapy, a master's degree in any allied profession, any behavioral science specialty, or child and family development. This degree shall have been granted by a school which, at the time the degree was granted, was either a recog-

1190

JOURNAL OF THE SENATE

nized educational institution or had been accredited by the Commission on Accreditation for Marriage and Family Therapy Education. Appli cants shall have completed either a course of study or practicum experi ence in the principles and practice of marriage and family therapy and, after November 1, 1992, shall have completed both a course of study and practicum experience in such principles and practice; or
(2) For licensure in marriage and family therapy, clinical level:
(A) A master's degree in a program, which degree and program shall meet the requirements of paragraph (1) of subsection (a) of this Code section; four years' full-time post-master's experience under direc tion in the practice of any behavioral science specialty, one year of which may have been in an approved internship program before or after the granting of the master's degree and two years of which shall have been in the practice of marriage and family therapy; and 200 hours of supervi sion, 100 hours of which shall have been in the practice of marriage and family therapy; or
(B) A doctorate degree in a program, which degree and program shall meet the requirements of paragraph (1) of subsection (a) of this Code section; two years' full-time post-master's experience under direc tion in the practice of marriage and family therapy, one year of which may have been in an approved internship program; and 100 hours of su pervision in the practice of marriage and family therapy, 50 hours of which may have been obtained while a student or intern in an accredited doctoral program.
(b) Persons licensed as an associate in marriage and family therapy may only practice under the restrictions of paragraph (3) of Code Sec tion 43-7A-3.
43-7A-15. Application, examination, license, license renewal, and penalty fees shall be established by the board pursuant to Code Section 43-1-7.
43-7A-16. Expiration, renewal, and penalty dates for licenses issued under this chapter shall be established pursuant to Code Section 43-1-4. No person whose license has expired for more than 12 months shall have such license renewed without submitting to the board satisfactory evi dence of having successfully passed the examination required by Code Section 43-7A-10.
43-7A-17. The board shall establish continuing education require ments for license renewal. The number of hours of continuing education in each specialty shall not exceed the number of hours available that year in each such specialty in board approved courses within the state. The board may waive these continuing education requirements for not more than 12 months, but such waiver shall only be available upon the licen see's satisfactory showing to the board of undue hardship.
43-7A-18. The board may, after notice and opportunity for a hear ing, suspend, revoke, or refuse to issue or renew a license or may repri mand the licenseholder, upon a determination by the board that such licenseholder or applicant for licensure has:

THURSDAY, FEBRUARY 17, 1983

1191

(1) Been adjudged by any court to be mentally incompetent or have had a guardian of person appointed;
(2) Been convicted of a felony;
(3) Sworn falsely under oath or affirmation;
(4) Obtained a license by fraud, deceit, or other misrepresentation;
(5) Engaged in the conduct of a behavioral science specialty in a grossly negligent or incompetent manner;
(6) Intentionally violated any provision of this chapter;
(7) Violated any rules or regulations of the board;
(8) Violated the code of ethics adopted by the board;
(9) Aided or assisted another in falsely obtaining a license or certifi cate under this chapter; or
(10) Advertised or represented that such person is licensed as a be havioral science practitioner in any other behavioral science specialty or subspecialty than that in which the person is licensed or at any other level than that at which the person is licensed.
43-7A-19. No revoked license may be reinstated within 12 months after such revocation. Reinstatement thereafter shall be upon such condi tions as the board may prescribe, which shall include without being lim ited to successful passing of the examination required by Code Section 43-7A-10.
43-7A-20. The joint-secretary is vested with the power and authority to make such investigations in connection with the enforcement of the provisions of this chapter as the joint-secretary or the board of any dis trict attorney may deem necessary or advisable, and the result of all in vestigations shall be reported to and the records thereof shall be kept by the board.
43-7A-21. Whenever it shall appear to the board that any person is or has been violating any provisions of this chapter or any of the lawful rules, regulations, or orders of the board, the board, the joint-secretary, or the appropriate district attorney may file a petition for injunction in the proper superior court of this state against such person for the purpose of enjoining any such violation. It shall not be necessary to allege or prove that there is no adequate remedy at law. The right of injunction provided for in this Code section shall be in addition to any other legal remedy available, including but not limited to any right of criminal pros ecution provided by law.
43-7A-22. It shall be unlawful for a person to obtain or attempt to obtain a license under this chapter by fraudulent representation.
43-7A-23. Any person violating Code Section 43-7A-22 or Code Section 43-7A-7 shall be guilty of a misdemeanor and, upon conviction

1192

JOURNAL OF THE SENATE

thereof, shall be punished by a fine of not less than $100.00 nor more than $1,000.00 for each offense and, in addition, may be imprisoned for a term not to exceed 12 months.
43-7A-24. (a) No corporation, partnership, association, or other bus iness entity may use any term or title restricted under subsection (a) of Code Section 43-7A-7 unless each person practicing a behavioral science specialty for a fee in that entity, except those persons exempt under para graph (1), (2), or (3) of subsection (b) of Code Section 43-7A-7, is li censed under this chapter.
(b) Any corporation, partnership, association, or other business en tity which violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 for each offense.
43-7A-25. Any communication between a licensed behavioral sci ence practitioner and any person receiving behavioral science services from such practitioner shall be confidential and its secrecy preserved. This privilege shall not apply in the following circumstances:
(1) Where the behavioral science practitioner is a party defendant to a civil, criminal, or disciplinary action arising from such practice, in which case the waiver shall be limited to that action;
(2) Where the client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to compulsory process, or right to present testimony and witnesses in the client's own behalf, or both;
(3) Where a client agrees to the waiver or, in circumstances where more than one member of a family is receiving behavioral science ser vices, where each such family member agrees to the waiver;
(4) Where the services are performed on court referral, the behav ioral science practitioner may submit to the appropriate court a written evaluation of the prospect or prognosis of a particular situation without divulging a fact or revealing a confidential disclosure. An attorney repre senting an individual who is a subject of such an evaluation shall have the right to receive a copy of such a report;
(5) Where services are performed under any workers' compensation act; or
(6) Confidentiality shall not apply to any third-party referral source who bears the expense of such services unless explicitly agreed to in ad vance by that referral source."
Section 2. This Act shall become effective upon July 1, 1984.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, FEBRUARY 17, 1983

1193

Senator Barker of the 18th offered the following amendment:

Amend the substitute to SB 93 offered by the Senate Committee on Governmental Operations by striking from line 12 of Page 12 the following:
"; and",
and inserting in its place a semicolon, and by striking the period on line 17 of Page 12 and inserting in its place the following:
"; and".
By adding between lines 17 and 18 of Page 12 the following:
"(8) Persons engaged in the practice of a behavioral science spe cialty as an employee of the Department of Family and Children Services."

Senator Greene of the 26th offered the following substitute to SB 93:

A BILL TO BE ENTITLED AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate marriage and family counsel ors; to provide a short title; to provide for definitions; to create the Georgia Marriage and Family Counselor Licensing Board and provide for its ap pointment and confirmation, membership, organization, functions, duties, quorum, meetings, rules and regulations, a code of ethics, and reimburse ment; to provide for members' terms, removal, vacancies, oaths, qualifica tions, and limitations upon members of the board regarding applicants; to prohibit certain advertisements and representations and use of titles; to pro vide for exemptions; to provide experience, education, training, and other requirements for licensure; to provide for examinations; to provide for reci procity; to authorize the performance of certain activities and services by licensees, subject to certain limitations; to provide for fees; to provide for expiration, renewal, and penalty dates; to limit certain renewals and rein statements; to provide for continuing education; to provide for disciplinary actions; to provide for investigations; to provide for injunctive and other re lief; to provide for penalties; to provide for privileged and confidential com munications; 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 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding immediately following Chapter 7 of Title 43 a new Chapter 7A to read as follows:

1194

JOURNAL OF THE SENATE

"CHAPTER 7A
43-7A-1. This chapter shall be known and may be cited as the 'Mar riage and Family Counselor Licensing Law.'
43-7A-2. As used in this chapter, the term:
(1) 'Advertise' means, but is not limited to, the issuing of or causing to be distributed any card, sign, or other device or the causing or permit ting any sign or marking on or in any building or structure, or in any newspaper, magazine, or directory, or on radio or television.
(2) 'Allied profession' means the practice of medicine, psychiatric nursing, applied psychology, or pastoral counseling.
(3) 'Associate' means any person who has been granted a limited license by the board to practice, for a period not to exceed five years and only in a public or private nonprofit agency, as a marriage and family counselor, which practice shall be under direction while obtaining the ex perience and supervision required for licensure as a marriage and family counselor at other than the associate level.
(4) 'Board' means the Georgia Marriage and Family Counselor Li censing Board established by this chapter.
(5) 'Direction' means the ongoing administrative overseeing of a marriage and family counselor's work for the purpose of assuring the quality of the services rendered by the practitioner.
(6) 'Fee' means money or anything of value, including but not lim ited to a salary, offered or received in return for rendering services as a marriage and family counselor, whether paid directly by the person re ceiving the services or by any third party, including but not limited to any insurance company or governmental department or agency.
(7) 'Joint-secretary' means the joint-secretary of the state examining boards.
(8) 'Marriage and family counselor' means a behavioral science practitioner specializing in family relationships and the relationship be tween husband and wife and which includes, without being limited to, premarital, marital, sexual, family, predivorce, and postdivorce issues. Marriage and family counseling also involves an applied understanding of the dynamics of marital and family systems, along with the applica tion of psychotherapeutic and counseling techniques for the purpose of resolving intrapersonal and interpersonal conflict and changing percep tion, attitudes, and behavior in the area of marriage and family life.
(9) 'Person' means a natural person.
(10) 'Private practice' means practice as a marriage and family counselor for a fee other than practice in a public or nonprofit agency or entity.
(11) 'Psychotherapeutic techniques' means those techniques used in

THURSDAY, FEBRUARY 17, 1983

1195

marriage and family counseling which involve the in-depth exploration and treatment of interpersonal and intrapersonal dynamics.
(12) 'Recognized educational institution' means any educational in stitution which grants a bachelor's, master's, specialist, or doctoral de gree and which is recognized by the Council on Postsecondary Accreditation.
(13) 'Supervision' means the direct clinical review, for the purpose of training or teaching, by a supervisor of a marriage and family coun selor's interaction with a client. It may include, without being limited to, the review of case presentations, audio tapes, video tapes, and direct ob servation in order to promote the development of the practitioner's clinical skills.
(14) 'Supervisor' means a person who meets the requirements as a supervisor established by the Marriage and Family Counselor Licensing Board who is licensed under this chapter.
(15) 'The Commission on Accreditation for Marriage and Family Therapy Education' means the national accrediting agency for marriage and family therapy education as recognized by the United States Depart ment of Education.
43-7A-3. (a) There is created the Georgia Marriage and Family Counselor Licensing Board. The board shall consist of seven members who have been residents of this state for at least 12 months prior to tak ing office. Except for the member representing the public at large, the members of the board shall represent the differences in gender, race, and levels of education of those persons licensed as marriage and family counselors.
(b) All members of the board shall be appointed by the Governor, with the consent of the Senate for initial terms of office of three years beginning September 1, 1984. Those members of the board required to be licensed and who are first appointed to the board shall be persons who are practicing as marriage and family counselors at the time of appoint ment and who must be licensed as required within 12 months following their appointment.
(c) After the initial terms specified in subsection (b) of this Code section, members of the board shall take office on January 1 of the first year of their new term and shall serve for a term of three years and until the appointment and qualification of their respective successors. No members shall serve on the board more than two consecutive terms.
(d) Members of the board may be removed by the Governor, after notice and opportunity for hearing, for incompetence, neglect of duty, unprofessional conduct, or conviction of any felony.
(e) Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed and qualified.

1196

JOURNAL OF THE SENATE

43-7A-4. (a) The members of the board shall take an oath to per form faithfully the duties of their office. Within 30 days after taking the oath of office, the first board appointed under this chapter shall meet for an organizational meeting on call by the joint-secretary. At such meeting and at an organizational meeting in January every odd-numbered year thereafter, the board shall elect from its members a chairperson, vice chairperson, and secretary to serve for terms of two years.
(b) Four members of the board shall constitute a quorum for the transaction of business of the board.
(c) The board shall adopt rules and regulations, not inconsistent with this chapter, for the conduct of its business and the carrying out of its duties.
(d) The board shall adopt a code of ethics to govern the behavior of persons licensed as marriage and family counselors.
(e) Each member of the board shall be reimbursed as provided in subsection (f) of Code Section 43-1-2.
(f) After a person has applied for licensure, no member of the board may supervise such applicant for a fee nor shall any member vote on any applicant previously supervised by that member.
(g) The board shall hold at least two regular meetings each year, and no more than four additional meetings may be held upon the call of the chairperson of the board or at the written request of any four mem bers of the board.
43-7A-5. (a) Except as otherwise provided in this chapter, a person who is not licensed under this chapter shall not advertise or otherwise represent that such person is so licensed or use the title 'marriage and family counselor' or any other title, name, style, or description denoting that such person is licensed under this chapter.
(b) The prohibition of subsection (a) of this Code section shall not apply to the following persons:
(1) Persons engaged in practice as a marriage and family counselor prior to July 1, 1984, but the prohibition of subsection (a) of this Code section shall apply to such persons on and after July 1, 1986;
(2) Persons licensed to practice medicine or applied psychology under Chapter 34 or Chapter 39, respectively, of Title 43;
(3) Persons engaged in practice as a marriage and family counselor as an employee of any licensed hospital or any agency or department of the federal government, but only when engaged in that practice as an employee of such hospital, agency, or department;
(4) Persons who, prior to July 1, 1986, engaged in practice as a marriage and family counselor as an employee of any agency or depart ment of the state or any of its political subdivisions, but only when en gaged in that practice as an employee of such an agency or department;

THURSDAY, FEBRUARY 17, 1983

1197

(5) Students of a recognized educational institution who are prepar ing to become marriage and family counselors, but only if the services they render as marriage and family counselors are under direction and supervision and their student status is clearly designated by the title 'trainee' or 'intern'; and
(6) Members of the clergy holding a master's degree in divinity or its academic equivalent and members of religious ministries responsible to their established denominational authority and who possess equivalent education in theology studies.
(c) Unless exempt under paragraphs (1), (2), or (3) or subsection (b) of this Code section, a person who is not licensed under this chapter shall not practice for a fee as a marriage and family counselor for any corporation, partnership, association, or other business entity which uses any term of title restricted under subsection (a) of this Code section.
43-7A-6. (a) Nothing in this chapter shall be construed to limit the practice of behavioral science specialty except the specialty of marriage and family counselor.
43-7A-7. (a) Except as provided in subsection (b) of this Code sec tion, no person shall be eligible for licensure as a marriage and family counselor unless such person furnishes satisfactory evidence to the board of all of the following:
(1) Having met the education, training, and experience requirements of Code Section 43-7A-10;
(2) Having successfully passed the examination provided for by Code Section 43-7A-8, except that:
(A) Persons practicing as a marriage and family counselor on or before July 1, 1984, who have applied for licensure prior to July 1, 1985, and who meet the requirements of paragraph (1) of this subsection; and
(B) Persons meeting the requirements of Code Section 43-7A-9, re lating to licensure by reciprocity,
shall not be required to pass such examination;
(3) Having paid any required license fee; and
(4) Having furnished at least two personal references from supervi sors, directors, teachers, or any combination thereof.
(b) The board shall adopt rules by which the requirements of paragraphs (1), (2), and (4) of subsection (a) of this Code section may be deemed to have been fully or partially fulfilled by those applicants who were previously licensed under the 'Marriage and Family Counselor Licensing Act,' approved March 24, 1976 (Ga. L. 1976, p. 659), as amended, by virtue of their having previously fulfilled the requirements for licensure under that Act.
43-7A-8. The board shall provide for the conduct of examinations for licensure at least twice a year. Examinations may be written, oral,

1198

JOURNAL OF THE SENATE

experiential, or any combination thereof and shall deal with such theoret ical and applied fields as prescribed by the board. In written examina tions, the examinee's name shall not be disclosed to any person grading the examination until that grading is complete.
43-7A-9. The board may issue a license without examination to any applicant licensed as a marriage and family counselor under the laws of another state or territory having requirements for licensure which are substantially equal to the licensure requirements in this state if that state or territory accords a similar privilege to holders of licenses under this chapter.
43-7A-10. (a) The education, experience, and training requirements for licensure as a marriage and family counselor are as follows:
(1) For licensure as an associate in marriage and family counseling, a master's degree in any allied profession, any behavioral science spe cialty, or child and family development. This degree shall have been granted by a school which, at the time the degree was granted, was ei ther a recognized educational institution or had been accredited by the Commission on Accreditation for Marriage and Family Therapy Educa tion. Applicants shall have completed either a course of study or practicum experience in the principles and practice of marriage and family therapy and, after November 1, 1992, shall have completed both a course of study and practicum experience in such principles and practice; or
(2) For licensure as a marriage and family counselor, clinical level:
(A) A master's degree in a program, which degree and program shall meet the requirements of paragraph (1) of subsection (a) of this Code section; four years' full-time post-master's experience under direc tion in the practice of any behavioral science specialty, one year of which may have been in an approved internship program before or after the granting of the master's degree and two years of which shall have been in the practice of marriage and family therapy; and 200 hours of supervi sion, 100 hours of which shall have been in the practice of marriage and family therapy; or
(B) A doctorate degree in a program, which degree and program shall meet the requirements of paragraph (1) of subsection (a) of this Code section; two years' full-time post-master's experience under direc tion in the practice of marriage and family therapy, one year of which may have been in an approved internship program; and 100 hours of su pervision in the practice of marriage and family therapy, 50 hours of which may have been obtained while a student or intern in an accredited doctoral program.
(b) Persons licensed as an associate in marriage and family counsel ing may only practice under the restrictions of paragraph 3 of Code Sec tion 43-7A-2.
43-7A-ll. Application, examination, license, license renewal, and penalty fees shall be established by the board pursuant to subsection (c) of Code Section 43-1-4.

THURSDAY, FEBRUARY 17, 1983

1199

43-7A-12. Expiration, renewal, and penalty dates for licenses issued under this chapter shall be established by rules and regulations of the board pursuant to subsection (c) of Code Section 43-1-4. No person whose license has expired for more than 12 months shall have such li cense renewed without submitting to the board satisfactory evidence of having successfully passed the examination required by Code Section 437A-8.
43-7A-13. The board shall establish continuing education require ments for license renewal. The number of hours of continuing education shall not exceed the number of hours available that year in board ap proved courses within the state. The board may waive these continuing education requirements for not more than 12 months, but such waiver shall only be available upon the licensee's satisfactory showing to the board of undue hardship.
43-7A-14. The board may, after notice and opportunity for a hear ing, suspend, revoke, or refuse to issue or renew a license or may repri mand the licenseholder, upon a determination by the board that such licenseholder or applicant for licensure has:
(1) Been adjudged by any court to be mentally incompetent or have had a guardian of person appointed;
(2) Been convicted of a felony;
(3) Sworn falsely under oath of affirmation;
(4) Obtained a license by fraud, deceit, or other misrepresentation;
(5) Engaged in the conduct of a marriage and family counselor in a grossly negligent or incompetent manner;
(6) Intentionally violated any provision of this chapter;
(7) Violated any rules or regulations of the board;
(8) Violated the code of ethics adopted by the board;
(9) Aided or assisted another in falsely obtaining a license or certifi cate under this chapter; or
(10) Advertised or represented that such person is licensed as a be havioral science practitioner in any capacity other than as a marriage and family counselor or at any other level than that at which the person is licensed.
43-7A-15. No revoked license may be reinstated within 12 months after such revocation. Reinstatement thereafter shall be upon such condi tions as the board may prescribe, which shall include without being lim ited to successful passing of the examination required by Code Section 43-7A-8.
43-7 A-16. The joint-secretary is vested with the power and authority to make such investigations in connection with the enforcement of the provisions of this chapter as the joint-secretary or the board or any dis-

1200

JOURNAL OF THE SENATE

trict attorney may deem necessary or advisable, and the result of all in vestigations shall be reported to and the records thereof shall be kept by the board.
43-7A-17. Whenever it shall appear to the board that any person is or has been violating any provisions of this chapter or any of the lawful rules, regulations, or orders of the board, the board, the joint-secretary, or the appropriate district attorney may file a petition for injunction in the proper superior court of this state against such person for the purpose of enjoining any such violation. It shall not be necessary to allege or prove that there is no adequate remedy at law. The right of injunction provided for in this Code section shall be in addition to any other legal remedy available, including but not limited to any right of criminal pros ecution provided by law.
43-7A-18. It shall be unlawful for a person to obtain or attempt to obtain a license under this chapter by fraudulent representation.
43-7A-19. Any person violating Code Section 43-7A-18 or Code Section 43-7A-5 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100.00 nor more than $ 1,000.00 for each offense and, in addition, may be imprisoned for a term not to exceed 12 months.
43-7A-20. (a) No corporation, partnership, association, or other bus iness entity may use any term or title restricted under subsection (a) of Code Section 43-7A-5 unless each person practicing as a marriage and family counselor for a fee in that entity, except those persons exempt under paragraph (1), (2), or (3) of subsection (b) of Code Section 437A-5, is licensed under this chapter.
(b) Any corporation, partnership, association, or other business en tity which violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 for each offense.
43-7A-21. Any communication between a licensed marriage and family counselor and any person receiving marriage and family counsel ing services from such practitioner shall be confidential and its secrecy preserved. This privilege shall not apply in the following circumstances:
(1) Where the marriage and family counselor is a party defendant to a civil, criminal, or disciplinary action arising from practice as a mar riage and family counselor, in which case the waiver shall be limited to that action;
(2) Where the client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to compulsory process, or right to present testimony and witnesses in the client's own behalf, or both;
(3) Where a client agrees to the waiver or, in circumstances where more than one member of a family is receiving marriage and family counseling services, where each such family member agrees to the waiver;

THURSDAY, FEBRUARY 17, 1983

1201

(4) Where the services are performed on court referral, the marriage and family counselor may submit to the appropriate court a written eval uation of the prospect or prognosis of a particular situation without di vulging a fact or revealing a confidential disclosure. An attorney repre senting an individual who is a subject of such an evaluation shall have the right to receive a copy of such a report;
(5) Where services are performed under any workers' compensation act; or
(6) Confidentiality shall not apply to any third-party referral source who bears the expense of such services unless explicitly agreed to in ad vance by that referral source."
Section 2. This Act shall become effective upon July 1, 1984.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Trulock of the 10th moved that SB 93 be committed to the Senate Com mittee on Human Resources.

Senator Kidd of the 25th moved the previous question.

Senator Trulock of the 10th moved that SB 93 be placed on the Table.

On the motion offered by Senator Trulock of the 10th to table SB 93, which mo tion takes precedence, the yeas were 12, nays 30; the motion was lost, and SB 93 was not placed on the Table.

On the motion for the previous question offered by Senator Kidd of the 25th, the next motion in precedence, Senator Kidd of the 25th asked unanimous consent to with draw the motion; the consent was granted.

On the motion to commit offered by Senator Trulock of the 10th, the next motion in precedence, the yeas were 9, nays 31; the motion was lost, and SB 93 was not com mitted to the Senate Committee on Human Resources.

Senator Coverdell of the 40th offered the following amendment:

Amend the substitute to SB 93 offered by the Senate Committee on Govern mental Operations by striking lines 20 through 23 on Page 13.

Senator Barker of the 18th moved the previous question.

1202

JOURNAL OF THE SENATE

On the motion, the yeas were 32, nays 0; the motion prevailed, and the previous question was ordered.

On the adoption of the amendment offered by Senator Coverdell of the 40th, the yeas were 12, nays 31, and the amendment was lost.

On the adoption of the amendment offered by Senator Barker of the 18th, the yeas were 43, nays 2, and the amendment was adopted.

On the adoption of the substitute to SB 93 offered by the Senate Committee on Governmental Operations, the yeas were 40, nays 5, and the substitute was adopted as amended.

The President ruled that since the substitute offered by the Senate Committee on Governmental Operations was adopted as amended, the substitute offered by Senator Greene of the 26th became moot.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal Dean English Engram

Fincher Foster Garner Gillis Harris Harrison Hill Howard Huggins Kennedy Kidd Land Lester Littlefield

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Bond Bowen Brantley Greene

Hine Holloway Horton

McGill Starr Trulock

THURSDAY, FEBRUARY 17, 1983

1203

Those not voting were Senators:

Allgood

Dawkins (excused)

Hudgins

On the passage of the bill, the yeas were 43, nays 10.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Barker of the 18th moved that SB 93 be immediately transmitted to the House.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 93 was immediately transmitted to the House.

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 on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:

HB 130. By Representatives Walker of the 115th, Evans of the 84th, Smyre of the 92nd and Jackson of the 9th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to amend and revise the laws relating to the criminal penalties and administrative sanctions imposed for operating a motor vehicle while under the influence of alcohol or drugs.

The Speaker has appointed as a Committee of Conference on the part of the House the following members:

Representatives Walker of the 115th, Groover of the 99th and Jackson of the 9th.

1204

JOURNAL OF THE SENATE

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 130. By Representatives Walker of the 115th, Evans of the 84th, Smyre of the 92nd and Jackson of the 9th: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide procedures and sanctions for violations of the offense of driving under the influence of alcohol or drugs.
Senator Barnes of the 33rd moved that the Senate adhere to the Senate substitute to HB 130, and that a Conference Committee be appointed.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 130.
The President appointed as a Committee of Conference on the part of the Senate the following:
Senators Thompson of the 32nd, Coverdell of the 40th and Barnes of the 33rd.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 70. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the payment and disposition of fines and forfeitures, so as to provide for additional penalty assessments for offenses against the criminal and traffic laws of this state and political subdivisions thereof.
The House substitute to SB 70 was as follows:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 21 of Title 15 of the Official Code of Georgia Anno tated, relating to the payment and disposition of fines and forfeitures, so as to provide for additional penalty assessments for offenses against the crimi nal traffic laws of this state and political subdivisions thereof; to provide that such additional assessments may be used for the training of peace officers and prosecuting officials as well as other purposes; to provide for the author ity for said additional penalty assessments; to provide for the collection and distribution of said penalty assessments; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 17, 1983

1205

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 21 of Title 15 of the Official Code of Georgia Anno tated, relating to the payment and disposition of fines and forfeitures, is amended by adding at the end thereof a new Article 4 to read as follows:
"ARTICLE 4
15-21-70. This article shall be known as and may be cited as the 'Peace Officer and Prosecutor Training Fund Act of 1983.'
15-21-71. This article is enacted pursuant to Article III, Section IX, Paragraph VI, subparagraph (d) of the Constitution of Georgia, which provision authorizes additional penalty assessments in criminal and traffic cases and provides that the proceeds derived therefrom may be used for the purpose of providing training to law enforcement officers and prose cuting officials.
15-21-72. It is the intent of this article to provide funding for the training of law enforcement and prosecutorial officers.
15-21-73. (a) (1) In every case in which any state court; probate court; municipal court, whether known as mayor's, recorder's, or police court; or superior court in this state shall impose a fine, which shall be construed to include costs, for any offense against a criminal or traffic law of this state or political subdivision thereof, there shall be imposed as an additional penalty a sum equal to the lesser of $50.00 or 10 percent of the original fine.
(2) At the time of posting bail or bond in any case involving a viola tion of a criminal or traffic law of this state or political subdivision thereof, an additional sum equal to the lesser of $50.00 or 10 percent of the original amount of bail or bond shall be posted. In every case in which any state court; probate court; municipal court, whether known as mayor's, recorder's, or police court; or superior court shall order the for feiture of bail or bond, the additional sum equal to the lesser of $50.00 or 10 percent of the original bail or bond shall be paid over as provided in Code Section 15-21-74.
(b) Such sums shall be in addition to that amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund or Code Section 47-11-51 concerning the Probate Judge Retire ment Fund.
15-21-74. The sums provided for in Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of col lecting moneys arising from fines and forfeited bonds and shall be paid over to the commissioner of the Department of Revenue by the last day of the month there following, to be deposited by him into the general treasury. The commissioner of the Department of Revenue shall, on a quarterly basis, make a report and accounting of all funds collected pur suant to this article and shall submit such report and accounting to the Office of Planning and Budget and the Legislative Budget Office no later than 30 days after the last day of the preceding quarter.

1206

JOURNAL OF THE SENATE

15-21-75. When any such person, agency, or unit of government whose duty it is to collect and pay over such moneys within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delin quent, not to exceed a total of 25 percent of the principal amount.
15-21-76. Any person whose duty it is to collect and remit the sum provided for in this article who fails or refuses to so remit shall be guilty of a misdemeanor.
15-21-77. An amount equal to all funds remitted as provided in Code Section 15-21-74 in the immediately preceding year shall be appro priated to fund law enforcement or prosecutorial officers' training, or both, and activities incident thereto, including, but not limited to, pay ment or repayment to the state treasury for capital outlay, general obli gation bond debt service, administrative expenses and any other expense or fund application which the General Assembly may deem appropriate. This Code section shall not preclude the appropriation of a greater amount for this purpose."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Dean of the 31 st moved that the Senate agree to the House substitute to SB 70.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen
Brantley L Broun of 46th Brown of 47th
En Cobb Coggin Coleman Coverdell Deal Dean English Engram

Fincher Foster Garner Greene
Harris Hil , Hine
ollowa y Horton Howard Huggins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry
Phillips Scott of 2nd Scott of 36th
Scott of 43rd Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

THURSDAY, FEBRUARY 17, 1983

1207

Those not voting were Senators:

Allgood Brannon Dawkins (excused)

Gillis Harrison

Hudgins Thompson

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 70.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 335. By Representatives Logan of the 67th, Murphy of the 18th, Argo of the 68th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to com memorate the bicentennial of the founding of the University of Georgia.
Senate Sponsor: Senator Coleman of the 1st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bowen Brantley Broun of 46th Brown of 47th
J?ryant Cobb" Coggin Coleman Coverdell Deal Dean English Engram Fincher

Foster Garner Greene Harris Hi n Hine
Holloway Horton Howard Huggins Kennedy Kidd Land Lester Littlefield McGill

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th
Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

1208

JOURNAL OF THE SENATE

Those not voting were Senators:

Allgood Bond Brannon

Dawkins (excused) Gillis

Harrison Hudgins

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President announced that the Senate would stand in recess from 12:30 o'clock P.M. until 2:00 o'clock P.M.

At 2:00 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, called the Senate to order.

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 amendment and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:

HB 159. By Representatives Coleman of the 118th and Buck of the 95th:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to cre ate the State Medical Education Board as the successor to and a continua tion of the heretofore existing State Medical Education Board.
The Speaker has appointed as a Committee of Conference on the part of the House the following members:
Representatives Coleman of the 118th, Buck of the 95th and Evans of the 84th.

THURSDAY, FEBRUARY 17, 1983

1209

The following general bills and resolution of the Senate and House, favorably re ported by the committees, were read the third time and put upon their passage:
HB 278. By Representatives Bishop of the 94th, Atkins of the 21st, Aaron of the 56th and others: A bill to amend Code Section 12-3-235 of the Official Code of Georgia An notated, relating to the powers of the Jekyll Island State Park Authority generally, so as to authorize the park authority to sell alcoholic beverages for consumption on the premises only upon certain property operated and controlled by the park authority after obtaining a license from the Depart ment of Revenue.
Senate Sponsor: Senator Littlefield of the 6th.
The Senate Committee on Governmental Operations offered the following amendment:
Amend HB 278 by adding in the title on line 6 of Page 1, between the word "authority" and the word "after", the following:
"under certain conditions".
By adding in Section 1 on line 28 of Page 1, immediately following the word "Georgia" and preceding the period, the following:
"; provided, however, that the authority shall only sell such alcoholic beverages for consumption on the premises on such property operated and controlled by the authority if the lessee, concessionaire, or person, corporation, or association holding a franchise on such property is unable to sell such alcoholic beverages for consumption on the premises".
On the adoption of the amendment, the yeas were 4, nays 25, and the committee amendment was lost.
Senator Littlefield of the 6th offered the following amendment:
Amend HB 278 by adding in the title on line 6 of Page 1, between the word "authority" and the word "after", the following:
"under certain conditions".
By adding in Section 1 on line 28 of Page 1, immediately following the wcrd "Georgia" and preceding the period, the following:
"; provided, however, that the authority shall, at its sole discretion and prior to applying for any license from the Department of Revenue, have determined that the sale of alcoholic beverages for consumption on

1210

JOURNAL OF THE SENATE

the premises only at the location for which the license is sought cannot be provided feasibly by any private licensee."

On the adoption of the amendment offered by Senator Littlefield of the 6th, the yeas were 37, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Bond Bowen Brantley Broun of 46th Cobb Coggin Coleman Coverdell English Engram Harris

Harrison Hill Hine Holloway Hudgins Kidd Land Lester Littlefield McKenzie

Peevy Phillips Scott of 2nd Scott of 36th Scott of 43rd Tate Timmons Trulock Turner Walker

Those voting in the negative were Senators:

Barker Barnes Brown of 47th Deal

Dean Foster Huggins McGill

Starr Stumbaugh Thompson

Those not voting were Senators:

Allgood Brannon Bryant Burton Dawkins (excused)

Fincher Garner Gillis Greene Horton

Howard Kennedy (presiding) Perry Tysinger

On the passage of the bill, the yeas were 31, nays 11.

The bill, having received the requisite constitutional majority, was passed as amended.

THURSDAY, FEBRUARY 17, 1983

1211

Senator Littlefield of the 6th moved that HB 278 be immediately transmitted to the House.
On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 278 was immediately transmitted to the House.

HR 143. By Representatives Martin of the 60th, Colbert of the 23rd, Hanner of the 131st and others:
A resolution supporting the recommendation of the State-wide Fire Protec tion Study Committee, the Georgia Association of Fire Chiefs, and the Georgia State Firemen's Association urging the appropriation of sufficient funds dedicated to continue the operation of the state fire data system within the office of the state fire marshal.
Senate Sponsor: Senator Cobb of the 28th.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Deal English

Fincher Foster Garner Gillis Harris Harrison Hill Hine Horton Huggins Kidd Land Lester

McGill McKenzie Peevy Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Walker

Those not voting were Senators:

Allgood Brannon Bryant Dawkins (excused) Dean Engram

Greene Holloway Howard Hudgins Kennedy (presiding)

Littlefield Perry Phillips Trulock Tysinger

1212

JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 40, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 254. By Representative Greer of the 39th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic in general, so as to modify the definition of the term "school bus".
Senate Sponsor: Senator Holloway of the 12th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Deal Dean English

Engram Fincher Foster Gillis Greene Harris Harrison Hine Horton Howard Huggins Kidd Land Lester

McGill McKenzie Peevy Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Walker

Those not voting were Senators:

Allgood Brannon CBoryvaenrdt ell
Dawkins (excused)

Garner Hill HHouldlgowinasy
Kennedy (presiding)

Littlefield Perry mPh-ililrips
Tysinger

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 17, 1983

1213

HB 103. By Representatives Padgett of the 86th and Groover of the 99th:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Anno tated, relating to reporting of child abuse generally, so as to make it unlaw ful for any news media to make public the name of any child who has been reported as being abused.
Senate Sponsor: Senator Burton of the 5th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell English Engram Fincher

Garner Gillis Greene Harrison Hill Hine Holloway Horton Howard Huggins Kidd Land

Lester McGill McKenzie Peevy Perry Scott of 2nd Scott of 36th Starr Timmons Trulock Turner Walker

Those voting in the negative were Senators:

Barnes Bond Deal

Foster Scott of 43rd

Stumbaugh Tate

Those not voting were Senators:

Allgood Brannon Bryant Dawkins (excused)

Dean Harris Hudgins Kennedy (presiding)

Littlefield Phillips Thompson Tysinger

On the passage of the bill, the yeas were 37, nays 7.

The bill, having received the requisite constitutional majority, was passed.

1214

JOURNAL OF THE SENATE

HB 81. By Representatives Cox of the 141st, Parham of the 105th, Bargeron of the 108th and others:
A bill to amend Code Section 40-8-92 of the Official Code of Georgia Anno tated, relating to designation of emergency vehicles and the use of flashing or revolving lights so as to provide that permits for emergency vehicles be longing to governmental agencies shall be valid for five years.
Senate Sponsor: Senator Holloway of the 12th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brantley Brown of 47th Burton Cobb Coggin Coleman Coverdell Deal Dean English

Engram Fincher Foster Garner Greene Harrison
Hill Hine Holloway Horton Howard Huggins Kidd Land

McGill McKenzie Peevy Perry Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Trulock Turner Walker

Those not voting were Senators:

Allgood Brannon Broun of 46th Bryant Dawkins (excused)

Gillis Harris
Hudgins Kennedy (presiding)
Lester

Littlefield Phillips Thompson
Timmons Tysinger

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general bill of the Senate, having been read the third time on Feb-

THURSDAY, FEBRUARY 17, 1983

1215

ruary 10 and committed to the Senate Committee on Judiciary and Constitutional Law, and favorably reported by the committee, was put upon its passage:

SB 194. By Senators Perry of the 7th and Cobb of the 28th:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia An notated, relating to the trafficking in cocaine, illegal drugs, or marijuana, so as to change the provisions relating to possession of the drug methaqualone.
The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 194:

A BILL TO BE ENTITLED AN ACT
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 the drug methaqualone; to prescribe mandatory minimum terms of imprisonment for certain violations thereof; to authorize the district attorney to move to reduce or suspend the sentence of certain persons; to authorize the judge hearing the motion to reduce or suspend the sentence of such persons; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-13-31 of the Official Code of Georgia Anno tated, relating to trafficking in cocaine, illegal drugs, or marijuana, is amended by striking subsections (d) and (e) of said Code section in their entirety and substituting in lieu thereof new subsections (d) and (e) to read as follows:
"(d) Any person who knowingly sells, manufactures, delivers or brings into this state 200 grams or more of methaqualone or of any mix ture containing methaqualone, as described in paragraph (5) of Code Section 16-13-25, in violation of this article commits the felony offense of trafficking in methaqualone and, upon conviction thereof, shall be pun ished as follows:
(1) If the quantity of the methaqualone or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sen tenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00; and
(2) If the quantity of the methaqualone or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory mini mum term of imprisonment of 15 years and shall pay a fine of $250,000.00.
(e) (1) Except as provided in paragraph (2) of this subsection and notwithstanding Code Section 16-13-2, with respect to any person who is found to have violated this Code section, adjudication of guilt or imposi tion of sentence shall not be suspended, probated, deferred, or withheld

1216

JOURNAL OF THE SENATE

prior to serving the mandatory minimum term of imprisonment pre scribed by this Code section.
(2) The district attorney may move the sentencing court to impose a reduced or suspended sentence upon any person who is convicted of a violation of this Code section and who provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accesso ries, coconspirators, or principals. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may impose a reduced or suspended sentence if he finds that the defendant has rendered such substantial assistance."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bowen Brantley Broun of 46th Brown of 47th
CCuoogbrjgbinn Coleman Coverdell Deal Dean English

Engram Fincher Foster Garner Harris
H,,Hl.a1,,1rrison Holloway Horton Kidd Land Lester

Those voting in the negative were Senators:

Bond Greene

Hine Peevy

McGill McKenzie Perry Scott of 2nd Scott of 36th SS,,.ctaortrt of 43rd Stumbaugh Thompson Trulock Turner Walker
Tate

Those not voting were Senators:

Allgood Barnes

Brannon Bryant

Dawkins (excused) Gillis

THURSDAY, FEBRUARY 17, 1983

1217

Howard Hudgins Huggins

Kennedy (presiding) Littlefield Phillips

Timmons Tysinger

On the passage of the bill, the yeas were 37, nays 5.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Holloway of the 12th moved that Senator Foster of the 50th be excused from the Senate on Monday, February 14 and Tuesday, February 15, due to the illness and hospitalization of his wife.

On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Foster of the 50th was excused from the Senate on Monday, February 14 and Tuesday, Feb ruary 15.

The following general bill of the Senate, having been read the third time on Feb ruary 14 and committed to the Senate Committee on Human Resources, and favorably reported by the committee, was put upon its passage:

SB 176. By Senator Hine of the 52nd:
A bill to amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to provide for the use of interpreters by hearing impaired persons; to provide legislative intent; to provide definitions.

The Senate Committee on Human Resources offered the following substitute to SB 176:

A BILL TO BE ENTITLED AN ACT
To amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to provide for the use of interpreters by hearing impaired persons; to provide legislative intent; to provide definitions; to provide for the situations and conditions under which an interpreter shall be provided; to provide the procedures for providing an interpreter; to provide for the man ner in which interpreters shall be used; to provide for limitations on the use of certain communications with hearing impaired persons; to provide for a waiver of the right to an interpreter; to provide for compensation; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 24 of the Official Code of Georgia Annotated, relating

1218

JOURNAL OF THE SENATE

to evidence, is amended by striking Code Section 24-1-5, which reads as follows:
"24-1-5. In the event a person who is deaf is arrested for any alleged violation of a criminal law of this state, the arresting officer may interro gate or take a statement from such person, provided that such interroga tion and answers thereto shall be in writing and shall be preserved and turned over to the court in the event such person is tried for the alleged offense.",
and inserting in lieu thereof:
"24-1-5. In the event a hearing impaired person is arrested for any alleged violation of a criminal law of this state, the arresting officer shall comply with the provisions of Article 5 of Chapter 9 of this title."
Section 2. Said title is further amended by striking Article 5 of Chapter 9 thereof, which reads as follows:
"ARTICLE 5
24-9-100. As used in this article, the term:
(1) 'Deaf person' means any person whose hearing is totally im paired or whose hearing is so seriously impaired as to prohibit the person from understanding oral communications when spoken in a normal con versational tone. Such term further includes, but is not limited to, a per son who is mute and a person who is both deaf and mute.
(2) 'Qualified interpreter' means an interpreter certified by the Na tional Registry of Interpreters for the Deaf, Georgia Registry of Inter preters for the Deaf, or, in the event an interpreter so certified is unavail able, an interpreter whose actual qualifications are otherwise appropriately determined.
24-9-101. (a) Whenever any deaf person is a party to or a witness at a proceeding before any grand jury or in any trial court in this state, the court shall appoint a qualified interpreter of the deaf sign language to interpret the proceedings to the deaf person and to interpret his testimony.
(b) Whenever any deaf person is the principal part in interest at a proceeding before any department, board, commission, agency, or licens ing authority of the state, any political subdivision of the state, or any municipality, the department, board, commission, agency, or licensing authority conducting the proceedings shall appoint a qualified interpreter of the deaf sign language to interpret the proceedings to the deaf person and to interpret any testimony he may give.
24-9-102. (a) Except in a preliminary hearing in a criminal case under Code Section 24-1-5, every deaf person whose appearance before a proceeding entitles him to an interpreter shall notify the appointing au thority of his disability not less than five days prior to any appearance and shall request at such time the services of an interpreter, provided that, where a deaf person reasonably expects the need for an interpreter

THURSDAY, FEBRUARY 17, 1983

1219

to be for a period greater than a single day, he shall so notify the ap pointing authority and such notification shall be sufficient for the dura tion of his participation in the proceedings; provided, further, that when ever a deaf person receives notification of the time of an appearance before a proceeding less than five days prior to the proceeding, he shall provide his notification and request as soon thereafter as practicable.
(b) An appointing authority may require a person requesting the appointment of an interpreter to furnish reasonable proof of his disability when the appointing authority has reason to believe that the person is not so disabled.
(c) No qualified interpreter shall be appointed unless the appointing authority makes a preliminary determination that the interpreter is able to communicate readily with the deaf person and is able to repeat and translate accurately the statements of the deaf person.
24-9-103. (a) The Department of Human Resources is authorized and directed to prepare and update continually a listing of qualified and available interpreters as defined in Code Section 24-9-100. When re quested by an appointing authority to provide an interpreter, the depart ment shall make all contacts and do all other things necessary to provide the appointing authority with the qualified interpreter at the time and place needed.
(b) Whenever an appointing authority receives a valid request for the services of an interpreter, the authority shall request the Department of Human Resources to furnish the authority with a qualified interpreter at a time and place and for a period specified by the authority.
24-9-104. Before participating in any proceedings subsequent to an appointment under Code Section 24-9-101, an interpreter shall make an oath or affirmation that he will make a true interpretation in an under standable manner to the person for whom he is appointed and that he will repeat the statements of such person in the English language to the best of his skill and judgment.
24-9-105. (a) An interpreter appointed under Code Section 24-9-101 shall be entitled to a reasonable fee for his services, such fee not to ex ceed $50.00 per day of service, together with his actual expenses for travel and transportation.
(b) When the interpreter is appointed by a court, the fee shall be paid out of general county funds; and, when the interpreter is otherwise appointed, the fee shall be paid out of funds available to the appointing authority.",
and inserting in lieu thereof a new Article 5 of Chapter 9 to read as follows:
"ARTICLE 5
24-9-100. It is the policy of the State of Georgia to secure the rights of hearing impaired persons who, because of impaired hearing, cannot readily understand or communicate in spoken language and who conse-

1220

JOURNAL OF THE SENATE

quently cannot equally participate in or benefit from proceedings, pro grams, and activities of the courts, legislative bodies, administrative agencies, licensing commission, departments, and boards of the state and its subdivisions unless qualified interpreters are available to assist them.
24-9-101. As used in this article, the term:
(1) 'Agency' means any agency, authority, board, bureau, commit tee, commission, court, department, or jury of the legislative, judicial or executive branch of the government of the state or any political subdivi sion thereof.
(2) 'Department' means the Department of Human Resources.
(3) 'Hearing impaired person' means any person whose hearing is totally impaired or whose hearing is so seriously impaired as to prohibit the person from understanding oral communications when spoken in a normal conversational tone.
(4) 'Intermediary interpreter' means any person, including any hear ing impaired person, who is able to assist in providing an accurate inter pretation between spoken English and sign language or between the vari ance of sign language by acting as an intermediary between a hearing impaired person and a qualified interpreter.
(5) 'Proceeding' means any meeting, hearing, trial, investigation, or other proceeding of any nature conducted by an agency.
(6) 'Qualified interpreter' means any person certified as an inter preter by the National Registry of Interpreters for the Deaf or approved as an interpreter by the Georgia Registry of Interpreters for the Deaf.
24-9-102. (a) The agency conducting any proceeding shall provide a qualified interpreter to the hearing impaired person:
(1) Whenever the hearing impaired person is a party to the proceed ing or a witness before the proceeding;
(2) Whenever a person below the age of 18 years whose parents are hearing impaired persons is a party to the proceeding or a witness before the proceeding conducted by an agency.
(b) The hearing impaired person shall notify the agency not less than ten days, excluding weekends and holidays, prior to the date of the proceeding of the need for a qualified interpreter. If the hearing impaired person receives notice of the proceeding less than ten days, excluding weekends and holidays, prior to the proceeding, he shall notify the agency as scon as practicable after receiving such notice. Upon receiving a request for a qualified interpreter, the agency shall immediately for ward such request to the department. Upon receiving a request from an agency, the department shall provide a qualified interpreter for the pro ceeding specified in the request.
24-9-103. (a) The arresting law enforcement agency shall provide a qualified interpreter to any hearing impaired person whenever the hear-

THURSDAY, FEBRUARY 17, 1983

1221

ing impaired person is taken into custody for allegedly violating any criminal law or ordinance of the state or any political subdivision thereof.
(b) (1) Except as provided in paragraph (2) of this subsection, the law enforcement agency shall immediately request a qualified interpreter from the department, and the department shall provide a qualified inter preter. No interrogation, warning, informing of rights, taking of state ments, or other investigatory procedures shall be undertaken until a qual ified interpreter has been provided; and no answer, statement, admission, or other evidence acquired from the hearing impaired person shall be admissible in any criminal or quasi-criminal proceeding unless such was knowingly and voluntarily given through and in the presence of a quali fied interpreter. No hearing impaired person who has been taken into custody and who is otherwise eligible for release shall be detained be cause of the unavailability of a qualified interpreter.
(2) If a qualified interpreter is not available one hour after the hear ing impaired person has been taken into custody and a request has been forwarded to the department, the arresting officer may interrogate or take a statement from such person, provided that such interrogation and answers thereto shall be in writing and shall be preserved and turned over to the court in the event such person is tried for the alleged offense.
24-9-104. (a) A court shall provide a qualified interpreter to any hearing impaired person whenever the hearing impaired person has been provided with a court appointed legal counsel. The court shall request a qualified interpreter from the department, and the department shall pro vide a qualified interpreter.
(b) The qualified interpreter authorized by this Code section shall be present at all times when the hearing impaired person is consulting with legal counsel.
24-9-105. Whenever a hearing impaired person shall be authorized a qualified interpreter, such person may waive the right to the use of such interpreter. Any such waiver shall be in writing and shall be approved by the agency, law enforcement agency, or court before which the hearing impaired person is to appear. In no event shall the failure of a hearing impaired person to request an interpreter be deemed to be a waiver.
24-9-106. (a) Whenever a hearing impaired person shall be author ized a qualified interpreter, the agency, law enforcement agency, or court shall determine whether the qualified interpreter so provided is able to communicate accurately with and translate information to and from the hearing impaired person. If it is determined that the qualified interpreter cannot perform these functions, the agency, law enforcement agency, or court shall request another qualified interpreter from the department or shall appoint an intermediary interpreter to assist the qualified inter preter in communicating with the hearing impaired person.
(b) The department shall prepare and maintain a list of qualified interpreters and qualified intermediary interpreters from which such in terpreters shall be provided.

1222

JOURNAL OF THE SENATE

24-9-107. (a) Prior to providing any service to a hearing impaired person, any qualified interpreter or intermediary interpreter shall sub scribe to an oath that he will interpret all communications in an accurate manner to the best of his skill and knowledge.
(b) Whenever a hearing impaired person communicates with any other person through the use of an interpreter and under circumstances which make such communications privileged, the presence of the inter preter shall not vitiate such privilege and the interpreter shall not be re quired to disclose the contents of such communication.
(c) Whenever an interpreter is required by this article, the agency, law enforcement agency, or court shall not begin the proceeding or take any action until the interpreter is in full view of and spatially situated so as to assure effective communication with the hearing impaired person.
(d) The agency, law enforcement agency, or court may, upon its own motion or upon motion of any party, witness, or participant, order that the testimony of the hearing impaired person be electronically and visually taped or filmed. Any such tape or film may be used to verify the testimony given by the hearing impaired person.
24-9-108. (a) Any qualified interpreter or intermediary interpreter providing service under this article shall be compensated by the agency, law enforcement agency, or court requesting such service. Compensation shall be as provided in the fee schedule developed by the department.
(b) The department shall develop a fee schedule to be used in deter mining the compensation to be paid interpreters under this article. The schedule shall include reasonable fees commensurate with the services provided and shall include travel expenses and subsistence allowances as are authorized for state employees.
(c) The expenses of providing a qualified interpreter or intermediary interpreter in any civil proceeding may be assessed by the court or agency as costs in such proceeding."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

THURSDAY, FEBRUARY 17, 1983

1223

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Coggin Coleman Coverdell Deal Dean Fincher

Foster Garner Greene Harris Harrison Hine Horton Howard Hudgins Huggins Kidd Land Lester Littlefield

Those not voting were Senators:

Allgood Brannon Bryant Cobb Dawkins (excused)

English Engram Gillis Hill Holloway

McGill McKenzie Peevy Perry Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Walker
Kennedy (presiding) Phillips Timmons Tysinger

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.
The following general bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 249. By Senators Harris of the 27th, Greene of the 26th, Cobb of the 28th and others:
A bill to amend Code Section 15-9-13 of the Official Code of Georgia Anno tated, relating to proceedings when a probate judge is disqualified or unable to act, so as to provide that any probate judge may appoint an attorney to act in place of the judge; to provide an effective date.
The Senate Committee on Judiciary and Constitutional Law offered the following amendment:

Amend SB 249 by adding before the quotation mark on line 23 of Page 1 the following:
"If, however, the inability of the probate judge to act arises from any unlawful act or the accusation of an unlawful act on the part of the pro-

1224

JOURNAL OF THE SENATE

bate judge, the probate judge may not appoint an attorney and only an other judge shall exercise the jurisdiction of the probate court."

On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Dean English Fincher

Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Walker

Voting in the negative was Senator Deal.

Those not voting were Senators:

Allgood Brannon Bryant Dawkins (excused)

Engram Hill Hudgins

Kennedy (presiding) Timmons Tysinger

On the passage of the bill, the yeas were 45, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

THURSDAY, FEBRUARY 17, 1983

1225

HB 21. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Anno tated, relating to laws and statutes, so as to provide that no office to which a person has been elected shall be abolished nor the term of the office short ened or lengthened by local or special Act during the term for which such person was elected unless the same shall be approved by the people of the jurisdiction affected in a referendum on the question.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Deal Dean English

Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land

Lester McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Turner Walker

Those not voting were Senators:

Allgood Brannon Bryant Dawkins (excused) Engram

Garner Hill Kennedy (presiding) Littlefield

McGill Timmons Trulock Tysinger

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1226

JOURNAL OF THE SENATE

The President resumed the Chair.

HB 58. By Representatives Thomas of the 69th, Johnson of the 70th, Ramsey of the 3rd and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to provide that under certain circumstances disposition of an unruly or delinquent juvenile may be made by a court other than the court of the county where the juve nile resides.
Senate Sponsors: Senators Howard of the 42nd and Brannon of the 51st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bond Bowen Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Deal Dean English Fincher Foster

Garner Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Walker

Those not voting were Senators:

Allgood ^Bararknneron Brantley Bryant

Dawkins (excused) Engram Gillis Hill

Littlefield McGill Timmons Tysinger

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 17, 1983

1227

HB 332. By Representatives Hasty of the 8th and Darden of the 20th:
A bill to amend Code Section 15-6-88 of the Official Code of Georgia Anno tated, relating to minimum annual salaries for clerks of the superior courts, so as to change the salary in certain counties.
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:

Barker Barnes Bond Bowen Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Deal Dean English Fincher

Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Trulock Turner Walker

Those not voting were Senators:

Allgood Brannon Brantley Bryant

Dawkins (excused) Engram Hill Littlefield

Starr Timmons Tysinger

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 43. By Representatives Thomas of the 69th, Darden of the 20th, Karrh of the 109th and others:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Anno tated, relating to motor vehicle liability and uninsured motorist insurance, so as to provide for coverage for accidents caused by unknown motorists where

1228

JOURNAL OF THE SENATE

the unknown motorist's vehicle does not physically contact the insured's vehicle.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Judiciary offered the following amendment:

Amend HB 43 by striking from line 27 of Page 1 the following: "accident",
and inserting in lieu thereof the following: "incident".
By striking from line 1 of Page 2 the following: "accident",
and inserting in lieu thereof the following: "incident".

On the adoption of the amendment, the yeas were 1, nays 36, and the committee amendment was lost.

Senator Deal of the 49th offered the following amendment:

Amend HB 43 by striking from Page 1, line 27 the following: "accident",
and inserting in lieu thereof the following: "occurrence".
And by striking from Page 2, line 1 the following: "accident",
and inserting in lieu thereof the following: "occurrence".

On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

THURSDAY, FEBRUARY 17, 1983

1229

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Deal English

Fincher Foster Garner Greene Harris Harrison Hine Horton Howard Hudgins Huggins Kennedy

Kidd Land Lester McGill Peevy Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Walker

Those voting in the negative were Senators:

Coverdell Dean Engram Holloway

McKenzie Perry Phillips

Thompson Trulock Turner

Those not voting were Senators:

Allgood Bowen Brannon Brantley

Dawkins (excused) Gillis Hill

Littlefield Timmons Tysinger

On the passage of the bill, the yeas were 36, nays 10.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 194. By Representative Copelan of the 106th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of court, so as to change the terms of court in Greene County within the Ocmulgee Judicial Circuit.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

1230

JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal Dean English

Engram Fincher Foster Garner Greene Harris Harrison Hine Holloway Horton Howard Hudgins Kennedy Kidd Land

Lester McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Walker

Those not voting were Senators:

Allgood Brannon Brantley Dawkins (excused)

Gillis Hill Huggins Littlefield

McKenzie Timmons Tysinger

On the passage of the bill, the yeas were 45, 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 391. By Representatives Murphy of the 18th, Connell of the 87th, Karrh of the 109th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, and adult education, so as to pro vide for the State Board of Education and the commissioner of public safety to establish jointly an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle.

Senator Barnes of the 33rd moved that the Senate recede from the Senate amend ment to HB 391.

THURSDAY, FEBRUARY 17, 1983

1231

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bond Broun of 46th Brown of 47th Bryant Cobb Coggin Coleman Coverdell Deal Dean Engram Fincher Foster

Garner Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy
Perry Phillips Scott of 2nd
Scott of 36th Scott of 43rd Starr
Stumbaugh Thompson Timmons Trulock
Turner

Those voting in the negative were Senators:

Barker Burton

English Gillis

Tate Walker

Those not voting were Senators:

Allgood Bowen Brannon

Brantley Dawkins (excused) Hill

Littlefield Tysinger

On the motion the yeas were 42, nays 6; the motion prevailed, and the Senate receded from the Senate amendment to HB 391.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 159. By Representatives Coleman of the 118th and Buck of the 95th:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to cre ate the State Medical Education Board as the successor to and a continua tion of the heretofore existing State Medical Education Board.

Senator Fincher of the 54th moved that the Senate adhere to the Senate amend ment to HB 159, and that a Conference Committee be appointed.

1232

JOURNAL OF THE SENATE

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 159.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Fincher of the 54th, Bond of the 39th and Broun of the 46th.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 195. By Representatives Copelan of the 106th, Birdsong of the 104th, Waldrep of the 80th and Lambert of the 66th:
A bill to provide for the drawing of grand juries in each county in the Ocmulgee Judicial Circuit and the length of terms of said grand juries.
Senate Sponsor: Senator Fincher of the 54th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Land

Lester McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Walker

Those not voting were Senators:

Allgood
Bowen Brannon Brantley

Dawkins (excused)
Hill Hudgins Littlefield

McKenzie
Timmons Tysinger

THURSDAY, FEBRUARY 17, 1983

1233

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Also serving as a doctor of the day today was Dr. Curtis Hames of Claxton, Georgia.

Senator Kennedy of the 4th moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 3:30 o'clock P.M., the President announced the Senate adjourned until 9:00 A.M. tomorrow.

1234

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, February 18, 1983 Thirty-first 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 House:

HB 611. By Representative Bray of the 91st:
A bill to amend an Act establishing a Board of Commissioners of Talbot County, so as to change the provisions relative to the election of members of the board of commissioners.

HB 612. By Representative Hanner of the 131st:
A bill to amend an Act creating and establishing a Small Claims Court of Terrell County, so as to change the provisions relating to costs in certain cases of garnishment.

HB 613. By Representatives Dobbs of the 74th and Lambert of the 66th:
A bill to amend an Act creating and establishing a small claims court in and for Newton County, so as to require the court to impose an additional fee in connection with each claim or proceeding filed in the small claims court or any successor court.

HB 614. By Representatives Matthews of the 145th and Collins of the 144th:
A bill to provide for authority; to continue in force and effect as part of the Constitution ratified at the general election in 1982 that Constitutional Amendment, which authorizes the use by the Colquitt County School Sys-

FRIDAY, FEBRUARY 18, 1983

1235

tern of the proceeds of any local sales and use tax levied within Colquitt County.

HB 615. By Representatives Milford and Clark of the 13th:
A bill to amend an Act placing the clerk of the superior court and the pro bate judge of Hart County on an annual salary, so as to provide for the compensation of the probate judge.

HB 628. By Representatives Ginsberg of the 122nd, Triplett of the 128th, Hamilton of the 124th 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 correct certain technical errors in the descriptions of the districts from which members of the board of education are elected.

HB 630. By Representative Branch of the 137th:
A bill to amend an Act creating the office of tax commissioner of Ben Hill County, so as to provide that the tax commissioner shall be compensated by an annual salary rather than by any fees.

HB 631. By Representative Cummings of the 17th:
A bill to amend an Act creating a new charter for the City of Cedartown, so as to change certain fines.

HB 632. By Representatives Pettit of the 19th and Cummings of the 17th:
A bill to amend an Act creating and establishing a new charter for the Town of Taylorsville, so as to correct and clarify the corporate limits of the Town of Taylorsville.

HB 636. By Representatives Martin of the 60th, Millsaps of the 61st, Russell of the 64th and others:
A bill to amend an Act creating a new board of commissioners of Gwinnett County, so as to change the composition of the districts from which mem bers of the board are elected.

HB 641. By Representatives Buck of the 95th, Hirsch of the 96th, Galer of the 97th and others:
A bill to amend an Act ratifying, confirming, enacting, and incorporating the charter of the county-wide government of Columbus, Georgia, so as to change the penalties for violations of ordinances, rules, and regulations.

1236

JOURNAL OF THE SENATE

HB 419. By Representatives Heard of the 43rd, Auten of the 156th and Watts of the 41st:
A bill to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal sales tax, so as to provide procedures for new qualified municipalities to share in the proceeds of the tax.

HB 421. By Representatives Collins of the 144th, Burruss of the 20th, Crosby of the 150th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide procedures for appeals of assessments to the State Board of Equalization.

HB 485. By Representatives Brown of the 88th, Cheeks of the 89th, Connell of the 87th and others:
A bill to amend Code Section 21-3-10 of the Official Code of Georgia Anno tated, relating to the authorization by the governing authority of certain municipalities to allow the county to conduct all municipal elections, so as to provide that the governing authority of certain municipalities may authorize the county to conduct all municipal elections in said municipalities.

HB 555. By Representatives Burruss, Lawler, and Darden of the 20th and others:
A bill to amend Code Section 36-35-2 of the Official Code of Georgia Anno tated, relating to changes of municipal boundaries, so as to prohibit local annexation of certain property for a period of five years.

HB 168. By Representatives Argo of the 68th, Mostiler of the 75th, Lambert of the 66th and Buck of the 95th:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to size, weight, and width of vehicles and loads, so as to change the provisions relating to the length of certain trailers al lowed within the maximum total length of trailer and tractor combined.

HB 245. By Representatives Shepard of the 71st, Johnson of the 70th, Parham of the 180th and Moore of the 139th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to issuance of bad checks, so as to change certain penalties and a definition.

HB 374. By Representatives Snow of the 1st, Karrh of the 109th, Ginsberg of the 122nd and others:
A bill to provide for legislative intent; to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding the General Assembly, so as to define "population bill" and to prohibit the General Assembly from passing any population bill, with certain exceptions.

FRIDAY, FEBRUARY 18, 1983

1237

HB 387. By Representatives Connell of the 87th, Padgett of the 86th, Cheeks of the 89th and Barnes of the 90th:
A bill to provide for authority; to continue in force and effect as part of the Constitution ratified at the general election in 1982 that Constitutional Amendment Number 113, which amendment limits the power of local tax ing jurisdictions in Richmond County to levy and collect ad valorem taxes.

HB 189. By Representatives Walker of the 115th, Evans of the 84th, Smyre of the 92nd and Murphy of the 18th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to annual salaries of certain state officials, so as to change the salaries of certain officials.

HB 320. By Representatives Phillips of the 120th and Patten of the 149th:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Anno tated, relating to definitions pertaining to the State Merit System of Person nel Administration, so as to provide that the director of the State Forestry Commission shall not be included in the classified service.

HB 440. By Representatives Williams of the 6th, Collins of the 144th, Kilgore of the 42nd and others:
A bill to amend Title 48 of the Official Code of the Georgia Annotated, relating to revenue and taxation, so as to provide for a comprehensive revi sion of the taxation of state and national banks, state building and loan associations and federal savings and loan associations.

HB 465. By Representatives Rainey of the 135th, Coleman of the 118th, Peters of the 2nd and others:
A bill to amend Code Section 27-1-16 of the Official Code of Georgia Anno tated, relating to conservation rangers of the Georgia Department of Natu ral Resources, so as to provide that upon leaving service under honorable conditions after a certain number of years of service, conservation rangers shall be entitled to retain their weapons and badges as part of their compensation.

HB 541. By Representative Reaves of the 147th:
A bill to amend Code Section 2-1-4 of the Official Code of Georgia Anno tated, relating to required anti-syphon devices for irrigation systems, so as to specify which irrigation systems are required to have such devices.

HB 476. By Representatives Thomas of the 69th, Karrh of the 109th and Darden of the 20th:
A bill to amend Code Section 36-35-6 of the Official Code of Georgia Anno tated, relating to limitations on home rule powers of municipal corporations, so as to redefine actions defining criminal offenses.

1238

JOURNAL OF THE SENATE

HB 544. By Representatives Clark of the 55th and Steinberg of the 46th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institu tions, so as to provide that hospitals be required to provide certain informa tion regarding charges.

The House has adopted by the requisite constitutional majority the following reso lutions of the House:

HR 154. By Representative Parham of the 105th:
A resolution authorizing the conveyance of certain state owned properties located in Baldwin County, Georgia.

HR 15. By Representatives Childers and McKelvey of the 15th:
A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia, to the City of Adairsville.

HR 67. By Representative Hudson of the 117th:
A resolution designating the bridge on U.S. Highway 341 over the Ocmulgee River at Hawkinsville in Pulaski County as the Roger H. Lawson Memorial Bridge.

HR 158. By Representatives McVeigh of the 155th and Auten of the 156th:
A resolution authorizing and empowering the State of Georgia, acting by and through its State Properties Commission, to grant and convey to the City of Brunswick, Georgia, its successors and assigns, an easement in cer tain real property owned or claimed by the state, situated on the BrunswickAltamaha Canal in Glynn County, Georgia, for the construction, installa tion, operation, maintenance, repair, and replacement thereon of an expan sion of the existing Academy Creek Wastewater Treatment Facility.

The House has agreed to the Senate amendments to the following bills of the House:

HB 50. By Representative Lane of the 27th:
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 352. By Representative McDonald of the 12th:
A bill to amend an Act incorporating the City of Commerce, so as to pro vide for the administration of departments, offices, and agencies; to provide for a city manager.

FRIDAY, FEBRUARY 18, 1983

1239

The House has agreed to the Senate substitutes to the following bills of the House:

HB 18. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Code Section 36-6-1 of the Official Code of Georgia Anno tated, relating to the qualifications of county treasurers, so as to provide that county treasurers shall be elected and commissioned in the same manner and at the same time as clerks of the superior courts and shall hold their offices for terms of four years.

HB 24. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to change the provisions relating to the oath of office of the Governor.

HB 26. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Industry and Trade, so as to provide for the creation and composition of the Board of Industry and Trade.

HB 34. By Representatives Snow of the 1st, Lawson of the 9th, Bray of the 91st and others:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Anno tated, relating to the Board and Department of Offender Rehabilitation, so as to change the provisions relating to the creation of the Board of Offender Rehabilitation.

HB 389. By Representative Murphy of the 18th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions pertaining to the General Assembly, so as to provide the procedure for the advertisement of notices of intention to introduce local bills.

HB 128. By Representatives Beck of the 148th, Pinkston of the 100th, Ramsey of the 3rd and others:
A bill to amend Chapter 4 of Title 7 of the Official Code of Georgia Anno tated, relating to interest and usury, so as to provide for higher rates of interest under certain conditions; to provide for a maximum rate of interest on certain loans.

1240

JOURNAL OF THE SENATE

The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate:

SB 160. By Senator Kidd of the 25th:
A bill to amend an Act abolishing the present mode of compensating the judge of the Probate Court of Jones County, known as the fee system, and providing in lieu thereof an annual salary, as amended, so as to change the compensation provisions relating to the judge of the probate court.

SB 5. By Senators Thompson of the 32nd, English of the 21st, Lester of the 23rd and others:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide limitations on the authority of the State Board of Pardons and Paroles to grant pardons or paroles to persons incarcerated for a second or subsequent time for offenses for which life imprisonment could have been imposed.

The House has adopted the report of the Committee of Conference on the follow ing bill of the House:

HB 207. By Representatives McDonald of the 12th, Burruss and Wilson of the 20th and others:
A bill to provide supplementary appropriations for the fiscal year ending June 30, 1983, in addition to any other appropriations heretofore or hereaf ter made for the operation of state government and the purposes provided for herein.

The House has passed by the requisite constitutional majority the following bill of the Senate:

SB 183. By Senator Dean of the 31st:
A bill to amend an Act reincorporating the City of Rockmart and creating a new charter for said city, as amended, so as to increase the maximum fine which may be imposed by the recorder of the City of Rockmart for viola tions of laws or ordinances and for contempt.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 287. By Senator Kidd of the 25th:
A bill to consolidate the offices of tax receiver and tax collector of Jones County into the office of tax commissioner of Jones County. Referred to Committee on Federal, State and Community Affairs.

FRIDAY, FEBRUARY 18, 1983

1241

SB 288. By Senator Cobb of the 28th:
A bill to further define, prescribe and enlarge the powers and duties of the Griffin-Spalding County Development Authority and further to regulate the management and conduct thereof; to provide that projects in progress on the effective date of this Act may be completed hereunder.
Referred to Committee on Federal, State and Community Affairs.

SB 289. By Senators Barnes of the 33rd, Thompson of the 32nd and Brantley of the 56th:
A bill to provide for the existence of vacancies in the membership of the Powder Springs Downtown Development Authority under certain circum stances; to authorize the exclusion of certain property from taxation by the Powder Springs Downtown Development Authority; to provide for other matters relative to the foregoing.
Referred to Committee on Federal, State and Community Affairs.

SB 290. By Senator Coggin of the 35th:
A bill to amend Chapter 4 of Title 3 of the Official Code of Georgia Anno tated, relating to distilled spirits, so as to provide for a short title; to provide for purposes and policies.
Referred to Committee on Consumer Affairs.

SB 291. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Anno tated, relating to adopting, so as to provide for the Department of Human Resources to have access to its records in special circumstances without a court order.
Referred to Committee on Human Resources.

SR 125. By Senators Coleman of the 1st and Scott of the 2nd:
A resolution creating the Compensation to Victims of Crime Study Committee.
Referred to Committee on Judiciary.

SR 126. By Senators Howard of the 42nd and Starr of the 44th: A resolution creating the Medicaid Coverage Study Committee.
Referred to Committee on Appropriations.

1242

JOURNAL OF THE SENATE

SR 131. By Senators Burton of the 5th, Phillips of the 9th, Bond of the 39th and others:
A resolution urging the Department of Human Resources to coordinate its activities with those in the private medical sector and those provided by vol untary health agencies.
Referred to Committee on Human Resources.

The following bills and resolutions of the House were read the first time and re ferred to committees:

HB 168. By Representatives Argo of the 68th, Mostiler of the 75th, Lambert of the 66th and Buck of the 95th:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to size, weight, and width of vehicles and loads, so as to change the provisions relating to the length of certain trailers al lowed within the maximum total length of trailer and tractor combined.
Referred to Committee on Transportation.

HB 189. By Representatives Walker of the 115th, Evans of the 84th, Smyre of the 92nd and Murphy of the 18th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to annual salaries of certain state officials, so as to change the salaries of certain officials.
Referred to Committee on Appropriations.

HB 245. By Representatives Shepard of the 71st, Johnson of the 70th, Parham of the 105th and Moore of the 139th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to issuance of bad checks, so as to change certain penalties and a definition.
Referred to Committee on Governmental Operations.

HB 320. By Representatives Phillips of the 120th and Patten of the 149th:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Anno tated, relating to definitions pertaining to the State Merit System of Person nel Administration, so as to provide that the director of the State Forestry Commission shall not be included in the classified service.
Referred to Committee on Natural Resources and Environmental Quality.

HB 374. By Representatives Snow of the 1st, Karrh of the 109th, Ginsberg of the 122nd and others:
A bill to provide for legislative intent; to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding

FRIDAY, FEBRUARY 18, 1983

1243

the General Assembly, so as to define "population bill" and to prohibit the General Assembly from passing any population bill, with certain exceptions.
Referred to Committee on Judiciary.

HB 387. By Representatives Connell of the 87th, Padgett of the 86th, Cheeks of the 89th and Barnes of the 90th:
A bill to provide for authority; to continue in force and effect as part of the Constitution ratified at the general election in 1982 that Constitutional Amendment Number 113, which amendment limits the power of local tax ing jurisdictions in Richmond County to levy and collect ad valorem taxes.
Referred to Committee on Banking and Finance.

HB 419. By Representatives Heard of the 43rd, Auten of the 156th and Watts of the 41st:
A bill to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal sales tax, so as to provide procedures for new qualified municipalities to share in the proceeds of the tax.
Senator Scott of the 43rd moved that HB 419 be engrossed.
On the motion, the yeas were 31, nays 2; the motion prevailed, and HB 419 was engrossed. Referred to Committee on Banking and Finance.

HB 421. By Representatives Collins of the 144th, Burruss of the 20th, Crosby of the 150th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide procedures for appeals of assessments to the State Board of Equalization.
Referred to Committee on Banking and Finance.

HB 440. By Representatives Williams of the 6th, Collins of the 144th, Kilgore of the 42nd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a comprehensive revision of the taxation of state and national banks, state building and loan associations and federal savings and loan associations.
Referred to Committee on Banking and Finance.

HB 465. By Representatives Rainey of the 135th, Coleman of the 118th, Peters of the 2nd and others:
A bill to amend Code Section 27-1-16 of the Official Code of Georgia Anno tated, relating to conservation rangers of the Department of Natural Re sources, so as to provide that upon leaving service under honorable condi-

1244

JOURNAL OF THE SENATE

tions after a certain number of years of service, conservation rangers shall be entitled to retain their weapons and badges as part of their compensation.
Referred to Committee on Natural Resources and Environmental Quality.

HB 476. By Representatives Thomas of the 69th, Karrh of the 109th and Darden of the 20th:
A bill to amend Code Section 36-35-6 of the Official Code of Georgia Anno tated, relating to limitations on home rule powers of municipal corporations, so as to redefine actions defining criminal offenses.
Referred to Committee on Judiciary and Constitutional Law.

HB 485. By Representatives Brown of the 88th, Cheeks of the 89th, Connell of the 87th and others:
A bill to amend Code Section 21-3-10 of the Official Code of Georgia Anno tated, relating to the authorization by the governing authority of certain municipalities to allow the county to conduct all municipal elections, so as to provide that the governing authority of certain municipalities may authorize the county to conduct all municipal elections in said municipalities.
Referred to Committee on Governmental Operations.

HB 541. By Representative Reaves of the 147th:
A bill to amend Code Section 2-1-4 of the Official Code of Georgia Anno tated, relating to required anti-syphon devices for irrigation systems, so as to specify which irrigation systems are required to have such devices.
Referred to Committee on Agriculture.

HB 544. By Representatives Clark of the 55th and Steinberg of the 46th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institu tions, so as to provide that hospitals be required to provide certain informa tion regarding charges.
Referred to Committee on Human Resources.

HB 555. By Representatives Burruss, Lawler and Darden of the 20th and others:
A bill to amend Code Section 36-35-2 of the Official Code of Georgia Anno tated, relating to changes of municipal boundaries, so as to prohibit local annexation of certain property for a period of five years.
Referred to Committee on Federal, State and Community Affairs (General).

FRIDAY, FEBRUARY 18, 1983

1245

HB 611. By Representative Bray of the 91st:
A bill to amend an Act establishing a Board of Commissioners of Talbot County, so as to change the provisions relative to the election of members of the board of commissioners.
Referred to Committee on Federal, State and Community Affairs.

HB 612. By Representative Manner of the 131st:
A bill to amend an Act creating and establishing a Small Claims Court of Terrell County, so as to change the provisions relating to costs in certain cases of garnishment.
Referred to Committee on Federal, State and Community Affairs.

HB 613. By "Representatives Dobbs of the 74th and Lambert of the 66th:
A bill to amend an Act creating and establishing a small claims court in and for Newton County, so as to require the court to impose an additional fee in connection with each claim or proceeding filed in the small claims court or any successor court.
Referred to Committee on Federal, State and Community Affairs.

HB 614. By Representatives Matthews of the 145th and Collins of the 144th:
A bill to provide for authority; to continue in force and effect as part of the Constitution ratified at the general election in 1982 that Constitutional Amendment, which authorizes the use by the Colquitt County School Sys tem of the proceeds of any local sales and use tax levied within Colquitt County.
Referred to Committee on Federal, State and Community Affairs.

HB 615. By Representatives Milford and Clark of the 13th:
A bill to amend an Act placing the clerk of the superior court and the pro bate judge of Hart County on an annual salary, so as to provide for the compensation of the probate judge.
Referred to Committee on Federal, State and Community Affairs.

HB 628. By Representatives Ginsberg of the 122nd, Triplett of the 128th, Hamilton of the 124th 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 correct certain technical errors in the descriptions of the districts from which members of the board of education are elected.
Referred to Committee on Federal, State and Community Affairs.

1246

JOURNAL OF THE SENATE

HB 630. By Representative Branch of the 137th:
A bill to amend an Act creating the office of tax commissioner of Ben Hill County, so as to provide that the tax commissioner shall be compensated by an annual salary rather than by any fees.
Referred to Committee on Federal, State and Community Affairs.

HB 631. By Representative Cummings of the 17th:
A bill to amend an Act creating a new charter for the City of Cedartown, so as to change certain fines.
Referred to Committee on Federal, State and Community Affairs.

HB 632. By Representatives Pettit of the 19th and Cummings of the 17th:
A bill to amend an Act creating and establishing a new charter for the Town of Taylorsville, so as to correct and clarify the corporate limits of the Town of Taylorsville.
Referred to Committee on Federal, State and Community Affairs.

HB 636. By Representatives Martin of the 60th, Millsaps of the 61st, Russell of the 64th and others:
A bill to amend an Act creating a new board of commissioners of Gwinnett County, so as to change the composition of the districts from which mem bers of the board are elected.
Referred to Committee on Federal, State and Community Affairs.

HB 641. By Representatives Buck of the 95th, Hirsch of the 96th, Galer of the 97th and others:
A bill to amend an Act ratifying, confirming, enacting, and incorporating the charter of the county-wide government of Columbus, Georgia, so as to change the penalties for violations of ordinances, rules and regulations.
Referred to Committee on Federal, State and Community Affairs.

HR 15. By Representatives Childers and McKelvey of the 15th:
A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia, to the City of Adairsville.
Referred to Committee on Public Utilities.

HR 67. By Representative Hudson of the 117th:
A resolution designating the bridge on U.S. Highway 341 over the Ocmulgee River at Hawkinsville in Pulaski County as the Roger H. Lawson Memorial Bridge.
Referred to Committee on Transportation.

FRIDAY, FEBRUARY 18, 1983

1247

HR 154. By Representative Parham of the 105th:
A resolution authorizing the conveyance of certain state owned properties located in Baldwin County, Georgia.
Referred to Committee on Public Utilities.

HR 158. By Representatives McVeigh of the 155th and Auten of the 156th:
A resolution authorizing and empowering the State of Georgia, acting by and through its State Properties Commission, to grant and convey to the City of Brunswick, Georgia, its successors and assigns, an easement in cer tain real property owned or claimed by the state, situated on the BrunswickAltamaha Canal in Glynn County, Georgia, for the construction, installa tion, operation, maintenance, repair, and replacement thereon of an expan sion of the existing Academy Creek Wastewater Treatment Facility.
Referred to Committee on Public Utilities.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Banking and Finance has had under consideration the follow ing bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 270. SB 283. HB 44.

Do pass. Do pass. Do pass.

HB 428. Do pass. HB 504. Do pass.

Respectfully submitted,

Senator Lester of the 23rd District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation 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 273. SB 274. SB 275. SB 276 SB 278. SB 279. SB 280.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

HB 408. HB 575. HB 577. HB 578. HB 587. HB 595. HB 601.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

1248

JOURNAL OF THE SENATE

HB 621. Do pass.

Respectfully submitted, Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Higher Education has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 308. Do pass by substitute. HB 432. Do pass.
Respectfully submitted,
Senator Fincher of the 54th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 212. Do pass by substitute. SR 121. Do pass.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 277. Do pass.
Respectfully submitted,
Senator Walker of the 19th District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following

FRIDAY, FEBRUARY 18, 1983

1249

bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 71. HB 188. HB 250.

Do pass by substitute. Do pass. Do pass.

Respectfully submitted,

Senator Walker of the 19th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 241. Do pass. HB 179. Do pass.

HB 286. Do pass. HB 347. Do pass.

Respectfully submitted,

Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 282. Do pass.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Natural Resources and Environmental Quality has had under consideration the following bill and resolution of the Senate and House and has in structed me to report the same back to the Senate with the following recommendations:
SR 114. Do pass. HB 447. Do pass.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

1250 Mr. President:

JOURNAL OF THE SENATE

The Committee on Public Utilities has had under consideration the following reso lutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 111. SR 112. HR 14. HR 64.

Do pass. Do pass. Do pass. Do pass.

HR 66. HR 76. HR 107.

Do pass. Do pass. Do pass.

Respectfully submitted, Senator Brown of the 47th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 357. Do pass. HB 477. Do pass.
Respectfully submitted,
Senator Holloway of the 12th District, Chairman

The following bills of the Senate and House were read the second time:

SB 101. By Senator Coggin of the 35th:
A bill to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to abandoned mo tor vehicles, so as to change the provisions relative to unattended or aban doned motor vehicles.

SB 103. By Senator Howard of the 42nd:
A bill to amend Code Section 40-6-391, relating to driving under the influ ence of alcohol or drugs, so as to prohibit certain changes in charges except under certain conditions; to provide an effective date.

FRIDAY, FEBRUARY 18, 1983

1251

SB 108. By Senators Walker of the 19th, Horton of the 17th, English of the 21st and others:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to bail in criminal cases, so as to deny appeal bonds to con victed felons sentenced to serve three or more years.

SB 203. By Senator Barnes of the 33rd:
A bill to amend Code Section 50-18-70 of the Official Code of Georgia An notated, relating to the requirement that public records be open for inspec tion, so as to provide that public records which consist of commentary or personal information concerning personnel of the agency maintaining such records shall not be available for inspection.

SB 223. By Senators Land of the 16th, Holloway of the 12th, Thompson of the 32nd and others:
A bill to amend Code Section 40-5-121 of the Official Code of Georgia An notated, relating to driving with a suspended license, so as to change the penalty to be imposed for driving with a suspended license and revoked for certain convictions.

SB 226. By Senator Engram of the 34th:
A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment in criminal cases, so as to direct judges to include as a part of sentences of confinement a statement of witnesses against and victims of the defendant who shall be notified of the future release of the defendant.

SB 237. By Senators Garner of the 30th and Engram of the 34th:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to probation, so as to provide for presentence or postsentence investigations or psychological evaluations of convicted persons compiled by probation personnel to be forwarded to certain offices within the Department of Offender Rehabilitation under certain conditions.

SB 248. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, relating to public disclosure by candidates of campaign contributions and expenditures, so as to change the definition of expenditure.

SB 254. By Senators Kennedy of the 4th, Gillis of the 20th, Garner of the 30th and others:
A bill to amend Code Section 42-9-42 of the Official Code of Georgia Anno tated, relating to procedure for granting of clemency, pardon, or parole, so as to impose parole supervision fees on persons who are paroled; to provide for other matters related thereto.

1252

JOURNAL OF THE SENATE

SB 258. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 31-19-4 of the Official Code of Georgia Anno tated, relating to persons bitten by an animal suspected of being rabid, so as to require persons bitten by an animal reasonably suspected of being rabid to notify the rabies control officer of a law enforcement agency.

SB 261. By Senator Kidd of the 25th:
A bill to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the operation of bingo games by nonprofit tax-exempt organizations, so as to authorize any county or munici pality of this state to adopt an ordinance authorizing its recreation depart ment to operate bingo games either directly or on behalf of nonprofit taxexempt organizations.

SB 262. By Senator Kidd of the 25th:
A bill to provide for the appointment of the chief magistrate and other mag istrates of the Magistrate Court of Baldwin County; to provide for terms of office; to provide for the appointment of other court personnel; to provide for filling vacancies.

SB 266. By Senator Bowen of the 13th:
A bill to amend an Act creating a new charter for the City of Pinehurst, so as to change the provisions relating to the election of the mayor and city council.

SB 268. By Senator Broun of the 46th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the amount of restoration fee required before the Department of Public Safety will return an operator's driver's license or tag registration, or both; to provide an effective date.

HB 72. By Representatives Matthews of the 145th, Moore of the 139th, Cheeks of the 89th and others:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to criminal issuance of bad checks, so as to provide that in struments issued for the support of minors are issued for a present consideration.

HB 134. By Representatives Smyre of the 92nd, Walker of the 115th and Evans of the 84th:
A bill to amend Code Section 50-5-69 of the Official Code of Georgia Anno tated, relating to purchases without competitive bidding, so as to change the dollar limit on certain purchases made by state departments, agencies, and instrumentalities without competitive bidding.

FRIDAY, FEBRUARY 18, 1983

1253

HB 138. By Representatives Walker of the 115th, Smyre of the 92nd and Evans of the 84th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to the Teachers Retirement System of Georgia, so as to au thorize a retired teacher to elect to return to service as a classroom aide or substitute teacher and still receive retirement benefits.

HB 212. By Representatives Ramsey of the 3rd, Clark of the 13th, Sizemore of the 136th and others:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to provide for an additional member of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia and his term of office.

HB 313. By Representatives Snow of the 1st, Karrh of the 109th, Chambless of the 133rd and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to require that the Attorney General and the attorneys of record of a convicted person sentenced to death be notified of the date of execution and any changes in that date.

HB 314. By Representatives Bray of the 91st, Darden of the 20th and Snow of the 1st:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the nonpartisan election of candidates for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court.

HB 322. By Representatives Richardson of the 52nd, Williams of the 48th, Redding of the 50th and others:
A bill to amend an Act creating and establishing a new charter and munici pal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, State of Georgia, so as to change the corporate limits of the City of Decatur, Georgia.

HB 397. By Representatives Hanner of the 131st and Ramsey of the 3rd:
A bill to amend 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, so as to include among the definitions of "per manent disability," organic brain damage resulting from physical trauma under certain conditions.

1254

JOURNAL OF THE SENATE

HB 443. By Representatives Cox of the 141st and Long of the 142nd:
A bill to amend an Act creating the State Court of Decatur County, so as to change the compensation provisions relating to the judge of said court.

HB 474. By Representatives Murphy of the 18th, Walker of the 115th, Smyre of the 92nd and Evans of the 84th:
A bill to amend Code Section 45-12-93 of the Official Code of Georgia An notated, relating to the revenue shortfall reserve and midyear adjustment reserve, so as to authorize the General Assembly of Georgia to appropriate $5 million for State Fiscal Year 1983 from the revenue shortfall reserve.

HB 515. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Tift County, so as to authorize the board of commissioners of Tift County to fix the salary of the chairman of the board of commissioners of Tift County.

HB 539. By Representatives Wood, Lawson and Jackson of the 9th:
A bill to amend an Act creating a new charter for the City of Flowery Branch, so as to increase the maximum fine which may be imposed by the Mayor's Court of the City of Flowery Branch.

HB 540. By Representative Reaves of the 147th:
A bill to amend an Act authorizing the governing authority of Brooks County to establish special fire protection districts, so as to limit the amount of property which shall be subject to the special tax.

HB 562. By Representative Collins of the 144th:
A bill to amend an Act incoporating the City of Sale City in Mitchell County, so as to change the terms of and procedures for election of the mayor and councilmen.

HB 563. By Representatives Benefield, Bailey and Lee of the 72nd and others:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the provisions relating to meetings; to change the method of selecting the vice-chairman; define the duties and powers of the chairman and board of commissioners.

HB 564. By Representatives Clark and Milford of the 13th:
A bill to amend an Act creating a new charter for the City of Winterville, so as to change certain provisions relating to the police court.

FRIDAY, FEBRUARY 18, 1983

1255

The following local, uncontested bills and resolution of the Senate and House, fa
vorably reported by the committee, were read the third time and put upon their passage:

SB 252. By Senators Phillips of the 9th and Peevy of the 48th:
A bill to amend an Act continuing and re-creating the State Court of Gwinnett County, as amended, so as to change the provisions relating to vacan cies in the office of judge of the State Court of Gwinnett 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.

SB 253. By Senators Peevy of the 48th and Phillips of the 9th:
A bill to amend an Act to continue and re-create the State Court of Gwin nett County, as amended, so as to provide for an additional judge for the State Court of Gwinnett 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.

SB 264. By Senator Dawkins of the 45th:
A bill to amend an Act creating the Magistrate Court of Rockdale County, as amended, so as to require that trials shall be conducted without a jury.

The report 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.

1256

JOURNAL OF THE SENATE

HB 469. By Representative Phillips of the 120th:
A bill to amend an Act creating a new charter for the City of Vidalia, so as to change the provisions relating to fines that may be imposed for the viola tion of the laws and ordinances 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 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 470. By Representative Phillips of the 120th:
A bill to amend an Act creating the Board of Commissioners of Montgom ery County, so as to change the provisions relating to the compensation and expenses 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 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 471. By Representative Phillips of the 120th:
A bill to amend an Act creating the office of commissioner of Wheeler County, so as to change the compensation of the commissioner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 479. By Representatives Lawson, Wood and Jackson of the 9th: A bill to create a new charter for the City of Lula.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, FEBRUARY 18, 1983

1257

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 506. By Representatives Dunn of the 73rd and Jones of the 78th:
A bill to amend an Act providing a new board of commissioners of Henry County, so as to change the compensation of the 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 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 509. By Representatives Mostiler of the 75th, Johnson of the 76th, Adams of the 79th and Heard of the 43rd:
A bill to amend an Act creating the Griffin Judicial Circuit, so as to change the county supplement for the district attorneys of that 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 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 514. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act placing the tax commissioner of Tift County upon an annual salary, so as to authorize the board of commissioners of Tift County to fix the salary of the tax commissioner of Tift 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.

1258

JOURNAL OF THE SENATE

HB 517. By Representative Ray of the 98th:
A bill to amend an Act establishing a municipal court in and for the City of Fort Valley, Georgia, so as to change the provisions relating to penalties imposed by such court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 526. By Representatives Wood, Jackson and Lawson of the 9th:
A bill to amend an Act entitled "An Act to amend the charter of the City of Gainesville, . . . and for other purposes," so as to change the jurisdiction of the Municipal Court of Gainesville.

The report 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 527. By Representatives Wood, Jackson and Lawson of the 9th:
A bill to amend an Act creating a new charter for the City of Oakwood, so as to increase the maximum fine which may be imposed by the Recorder's Court of the City of Oakwood.

The report 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.

HR 161. By Representatives Wilson, Darden and Thompson of the 20th and others:
A resolution relating to a continuing controversy between the City of Mari etta and Cobb County.

FRIDAY, FEBRUARY 18, 1983

1259

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The President called for the morning roll call, and the following Senators an swered to their names:

Allgood Barker Barnes Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engrara Fincher

Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not answering were Senators:

Bond

Brannon

Brantley

Senator Kennedy of the 4th introduced the chaplain of the day, Reverend Elick Bullington, Superintendent of the Methodist District, Statesboro, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 128. By Senators Greene of the 26th, Harris of the 27th, Hine of the 52nd and others:
A resolution recognizing and commending the officials of the Youth Assembly.

1260

JOURNAL OF THE SENATE

SR 129. By Senator Dean of the 31st: A resolution commending Mr. W. D. Trippe.

SR 130. By Senator Coggin of the 35th:
A resolution commending the Colonial Hills Christian School Girls Basket ball team.

SR 133. By Senator Deal of the 49th: A resolution commending the Resource Conservation and Development Program.
The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 108. By Senators Barnes of the 33rd, Thompson of the 32nd, Brantley of the 56th and others:
A resolution relative to a continuing controversy between the City of Mari etta and Cobb County.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator McGill of the 24th introduced Sam McGill, Jr., Jeff Tyler, Greg Tyler and Chris Hoffman, Wilkes County 4-H Livestock Judging Teams, to the Senate.

HB 171
SR 86
SB 199
SB 255 HB 185 HR 72

SENATE RULES CALENDAR
Friday, February 18, 1983
THIRTY-FIRST LEGISLATIVE DAY
Farm Wineries and Sales--licensing, regulation (SUBSTITUTE) (ED&T--49th) Imposition of Death Penalty--relative to federal appeals process (Judy--16th) Motor Vehicle Franchise Practices Act--provide (SUBSTITUTE) (I&L--35th) Sapelo Island Heritage Authority--create (NREQ--20th) Appalachian Judicial Circuit--create (Judy--49th) Chatham County, Savannah River--property easement for docking facilities (Pub U--2nd)

FRIDAY, FEBRUARY 18, 1983

1261

SB 256 SB 60 SB 214 SB 269 SB 58 SB 232 SB 260 HB 153 SB 141 HB 381 SB 239 SB 240 SB 174 SR 83 HB 371 SB 246 SB 272 SB 172 SR 91 HB 401 HB 430 HB 242 HB 353

State Water Well Standards Advisory Council--change termination date (NREQ--20th)
Certain Civil Cases in Superior Courts--70 year olds (SUBSTI TUTE) (J&CL--42nd)
Fraudulent Practices--prohibit fraudulently obtaining public housing, etc. (SUBSTITUTE) (J&CL--25th)
Insurance Rate Regulation--apply to Workers' Compensation (I&L--41st)
Workers' Compensation--records on previous cases available to em ployers (I&L--41st)
Juvenile Proceedings--change provisions on protective orders (SUB STITUTE) (C&Y--15th)
Vehicles by Highway--authorize those with width under 102 inches designated by department (SUBSTITUTE) (Trns--12th)
Firemen, Prison Guards, Policemen Indemnification--redefine fire man (Trns--49th)
License to Practice Medicine--grounds for refusal to grant (SUBSTI TUTE) (Hum R--42nd)
Crime of Escape--provisions for (Judy--30th)
Certain Domestic Relations Cases--personal jurisdiction over nonresi dents (Judy--44th)
Alimony--continuing jurisdiction in court initially entering order (Judy--44th)
Little Ocmulgee and Magnolia Springs Lakes--boat operation hours (NREQ--20th)
Clayton County--conveyance of certain real property (Pub U--44th)
Jekyll Island State Park Authority--provisions for fire department op erated by (Gov Op--6th)
Council of Juvenile Court Judges--receive legal, social case informa tion on children (SUBSTITUTES) (C&Y--15th)
Domestic Relations--establish children's policy (C&Y--15th)
Stolen Property--provisions for return to rightful owner (Judy--23rd)
Small Businesses--subcommittee study governmental contract mat ters (SUBSTITUTE) (ED&T--40th)
Livestock Dealers, Brokers, Packers--regulation (Ag--24th)
Tallapoosa Judicial Circuit Superior Courts--change terms (Judy--31st)
Local Government Investment Pool--utilize (FS&CA-G--12th)
Heritage Trust Commission--extend until 7/1/88 (NREQ--20th)

Respectfully submitted,
/s/ Dean of the 31st, Chairman Senate Rules Committee

1262

JOURNAL OF THE SENATE

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 171. By Representatives McDonald of the 12th, Lambert of the 66th, and Wood of the 9th and others:
A bill to amend Chapter 6 of Title 3 of the Official Code of Georgia Anno tated, relating to wine, so as to provide for licensing and regulation of farm wineries and sales by farm wineries.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Economic Development and Tourism offered the follow ing substitute to HB 171:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 6 of Title 3 of the Official Code of Georgia Anno tated, relating to wine, so as to provide for licensing and regulation of farm wineries and sales by farm wineries; to exempt from taxation certain wine sold outside the state; to provide for all related matters; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 3 of the Official Code of Georgia Anno tated, relating to wine, is amended by striking Code Section 3-6-21.1 and inserting in its place a new Code section to read as follows:
"3-6-21.1. (a) As used in this Code section, the term:
(1) 'Farm winery' means a domestic winery located on premises, a substantial portion of which is used for agricultural purposes, including the cultivation of grapes, berries, or fruits to be utilized in the manufac ture or production of wine by the winery.
(2) 'Tasting room' means an outlet for the promotion of a farm winery's wine by providing complimentary samples of such wine to the public and for the sale of such wine at retail.
(b) The commissioner may authorize any licensee which is a farm winery to sell its wine at retail in a tasting room or other facility on the premises of the winery for consumption on the premises and in closed packages for consumption off the premises and to sell its wine at retail in tasting rooms at five additional locations in the state but only if the an nual production of wine by the farm winery is made in Georgia from at least 40 percent of Georgia grown agricultural products or was manufac-

FRIDAY, FEBRUARY 18, 1983

1263

tured during calendar year 1981, 1982, or 1983 outside Georgia from 100 percent Georgia grown fruits, berries, or grapes.
(c) The commissioner may authorize any licensee which is a farm winery to sell its wine at wholesale within the state but only if the annual production of wine by the farm winery is made in Georgia from at least 40 percent of Georgia grown agricultural products or was manufactured during calendar year 1981, 1982, or 1983 outside Georgia from 100 per cent Georgia grown fruits, berries, or grapes and only if the annual pro duction of wine by the farm winery in Georgia does not exceed 24,000 gallons per annum.
(d) A farm winery licensee shall also be authorized to sell, deliver, or ship its wine in bulk, in accordance with regulations of the commis sioner, to other farm winery licensees inside the state and shall be au thorized to acquire and receive deliveries and shipments of wine made by farm winery licensees inside the state.
(e) The annual license tax for each license issued pursuant to this Code section shall be $50.00.
(0 The surety bond required as a condition upon issuance of a li cense pursuant to this Code section shall be the same as that required pursuant to Code Section 3-6-21 with respect to wineries.
(g) Wines sold at retail by a manufacturer as provided in subsec tion (b) of this Code section shall have levied thereon an excise tax as prescribed by Code Section 3-6-50, and such tax shall be reported and remitted to the commissioner as provided in Code Section 3-2-6."
Section 2. Said chapter is further amended by striking Code Section 36-70 and inserting in its place a new Code section to read as follows:
"3-6-70. The taxes imposed by this article shall not be levied with respect to:
(1) Wine sold to and used by established and recognized churches and synagogues for use in sacremental services only;
(2) Any sale of wine which is exempt from taxation by the state under the Constitution of the United States; or
(3) Wine sold to persons outside this state for resale or consump tion outside this state."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

1264

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Broun of 46th Brown of 47th Bryant Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Lester Littlefield McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Trulock Turner Tysinger Walker

Voting in the negative were Senators Burton and Thompson.

Those not voting were Senators:

Bond Brannon

Brantley Harrison

McKenzie Timmons

On the passage of the bill, the yeas were 48, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 86. By Senators Land of the 16th, Lester of the 23rd, Garner of the 30th and others:
A resolution relative to the federal appeals process regarding imposition of the death penalty.

FRIDAY, FEBRUARY 18, 1983

1265

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 Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hill Holloway Horton Hudgins Huggins Kennedy Kidd Land

Lester Littlefield McGill McKenzie Peevy Perry Phillips Starr Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Bond Scott of 2nd

Scott of 36th

Tate

Scott of 43rd

Those not voting were Senators:

Brannon Brantley

Coverdell Hine

Howard

On the adoption of the resolution, the yeas were 46, nays 5.

The resolution, having received the requisite constitutional majority, was adopted.

The following local bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 160. By Senator Kidd of the 25th:
A bill to amend an Act abolishing the present mode of compensating the judge of the Probate Court of Jones County, known as the fee system, and

1266

JOURNAL OF THE SENATE

providing in lieu thereof an annual salary, as amended, so as to change the compensation provisions relating to the judge of the probate court.

The House amendment was as follows: Amend SB 160 as follows: By striking from line 16 on Page 1 the following: "(a)".
By striking from line 24 on Page 1 the following: "1985",
and inserting lieu thereof the following: "1984".
By striking subsection (b) of quoted Section 2 of Section 1, where said subsection (b) appears in lines 1 through 6 on Page 2, in its entirety.

Senator Kidd of the 25th moved that the Senate agree to the House amendment to SB 160.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 160.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 5. By Senators Thompson of the 32nd, English of the 21st, Lester of the 23rd and others:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide limitations on the authority of the State Board of Pardons and Paroles to grant pardons or paroles to persons incarcerated for a second or subsequent time for offenses for which life imprisonment could have been imposed.

The House amendment was as follows:
Amend SB 5 by deleting the word "seven" on Page 2, line 11, and inserting the word "ten";
and
by deleting the figure "28" on Page 2, line 12, and inserting the figure "30".

FRIDAY, FEBRUARY 18, 1983

1267

Senator Thompson of the 32nd moved that the Senate agree to the House amend ment to SB 5.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Deal Dean English Engram

Fincher Foster Gillis Greene Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Lester Littlefield McKenzie Peevy Perry Phillips Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger

Those voting in the negative were Senators:

Bond Bryant

Dawkins Scott of 2nd

Scott of 43rd

Those not voting were Senators:

Brannon Brantley Garner

Harris McGill

Scott of 36th Walker

On the motion, the yeas were 44, nays 5; the motion prevailed, and the Senate agreed to the House amendment to SB 5.

The following general bills and resolution of the Senate and House, favorably re ported by the committees, were read the third time and put upon their passage:

SB 199. By Senators Coggin of the 35th, Scott of the 43rd, Engram of the 34th and others:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to provide for the "Georgia Motor Vehicle Franchise Practices Act"; to provide for general provisions.

1268

JOURNAL OF THE SENATE

The Senate Committee on Industry and Labor offered the following substitute to SB 199:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to provide for the "Georgia Motor Vehicle Franchise Practices Act"; to provide for general provisions; to provide for legislative findings; to provide definitions; to pro vide for civil actions for violations; to provide for application of the article; to provide for a statute of limitations; to provide that the remedies contained in the article are not exclusive remedies; to provide for the "Georgia Motor Vehicle Dealer's Day in Court Act"; to provide that franchisors must act in good faith in their dealings with dealers; to provide for the "Motor Vehicle Warranty Practices Act"; to provide for warranty and predelivery obliga tions; to provide for liability for transportation damages; to provide for pay ment of certain attorney's fees; to provide for the "Motor Vehicle Franchise Continuation and Succession Act"; to provide for termination, cancellation, and nonrenewal rights in a motor vehicle franchise; to provide for survivor ship and succession rights in a motor vehicle franchise; to provide for owner ship and management protections for motor vehicle dealers; to provide for the "Motor Vehicle Fair Practices Act"; to provide for restrictions against practices in restraint of trade; to provide for restrictions against unfair trade practices; to provide for restrictions against other unlawful practices; to pro vide for the "Motor Vehicle Franchise Fair Competition Act"; to prohibit discrimination by a franchisor; to provide procedures to be followed by franchisors desiring to grant a new franchise or relocation of an existing franchise within another dealer's relevant market area; to provide for bur dens of proof; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, is amended by adding at the end thereof a new Article 22 to read as follows:
"ARTICLE 22
Part 1
10-1-620. This article shall be known and may be cited as the 'Geor gia Motor Vehicle Franchise Practices Act.'
10-1-621. The General Assembly finds and declares that:
(1) The distribution and sale of motor vehicles within this state are vital to the general economy of this state and to the public interest and public welfare;
(2) Certain practices of some motor vehicle franchisors may vio late the Constitution and laws of this state regarding fraudulent, unfair, and deceptive trade practices and unconscionable contracts;

FRIDAY, FEBRUARY 18, 1983

1269

(3) Certain practices of some motor vehicle franchisors may have a detrimental effect on consumers and the motoring public in general;
(4) The provision for warranty service and the repair of predelivery transportation damages to motor vehicle is of substantial concern to the people of this state;
(5) Current practices of manufacturers, distributors, and warran tors involve arranging for such service and such repairs to be performed by dealers and others at rates which may be below market rates;
(6) Such practices and arrangements discourage the prompt and effective performance of such services and repairs and are contrary to the public interest;
(7) Certain practices of some motor vehicle franchisors may vio late the Constitution and laws of this state regarding contracts in re straint of trade;
(8) The regulation and clarification of the law regarding the distri bution of motor vehicles and the provision of services ancillary thereto is in the public interest;
(9) The maintenance of full and fair competition among dealers and others is in the public interest;
(10) The maintenance of strong and sound dealerships is essential to provide continuing and necessary reliable services to the consuming public in this state and to provide stable employment to the citizens of this state; and
(11) Certain practices or potential practices of some motor vehicle franchisors and others may be detrimental to sound maintenance of sound dealerships.
10-1-622. As used in this article, the term:
(1) 'Dealer' means any person engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new motor vehicles and who is licensed or otherwise authorized to utilize trademarks or ser vice marks associated with one or more makes of motor vehicles in con nection with such sales. The term 'dealer' shall not mean any person en gaged in the business of selling used motor vehicles.
(2) 'Dealership' means:
(A) The dealer, if the dealer is a corporation, partnership, Or other business organization; or
(B) All business assets used in connection with the dealer's busi ness pursuant to the franchise including, but not limited to, the dealer ship facilities, the franchise, inventory, accounts receivable, and good will if the dealer is an individual.
(3) 'Dealership facilities' means the location at which a dealer,

1270

JOURNAL OF THE SENATE

pursuant to a franchise, maintains a permanent showroom for new motor vehicles.
(4) 'Designated successor' means any person or child who, in the case of the owner's death, is entitled to inherit the ownership interest in the dealership under the owner's will or who, in the case of an incapaci tated owner, has been appointed by a court as the legal representative of the owner's property or has been otherwise lawfully nominated or consti tuted to manage the dealership on behalf of the owner. A 'designated successor' may also mean a person specifically named in the franchise agreement or any addendum to the franchise agreement.
(5) 'Distributor' means any person, resident or nonresident, who directly or indirectly in the ordinary course of business and on a recur ring basis sells such new motor vehicles to a dealer for resale if such person is the principal supplier of any make of motor vehicle for two or more dealers.
(6) 'Franchise' means the agreement of contract between any franchisor, written or oral, if the dealer has taken any overt action in reliance upon such oral agreement, and any dealer which purports to fix the legal rights and liabilities of the parties to such agreement or con tract and pursuant to which the dealer purchases and resells motor vehi cles or leases or rents the dealership facilities.
(7) 'Franchisor' means:
(A) A person, resident or nonresident, who directly or indirectly licenses or otherwise authorizes one or more dealers to use a trademark or service mark associated with a make of motor vehicle in connection with the retail sale of new motor vehicles bearing such trademark or ser vice mark;
(B) Any person who in the ordinary course of business and on a recurring basis sells such new motor vehicles to a dealer for resale; and
(C) Any person controlled by or under common control with any party performing either activity specified in subparagraph (A) or (B) of this paragraph, which party is involved in selling goods to or administer ing the franchise relationship with the dealer.
(8) 'Good faith' means honesty in fact and the observation of rea sonable commercial standards of fair dealing in the trade as defined and interpreted in Code Section 11-1-203.
(9) 'Manufacturer' means any person who performs the major por tion of the assembly of a new motor vehicle.
(10) 'Motor vehicle' means every self-propelled vehicle intended primarily for use and operation on the public highways, except farm trac tors and other machines and tools used in the production, harvesting, and care of farm products and except construction equipment.
(11) 'New motor vehicle' means a motor vehicle which has been

FRIDAY, FEBRUARY 18, 1983

1271

sold to a dealer and on which the original motor vehicle title has not been issued.
(12) 'Owner' means any person holding an ownership interest in a dealership.
(13) 'Person' means every natural person, partnership, corporation, association, trust, estate, or any other legal entity.
(14) 'Relevant market area' means the area within a radius of 20 miles of an existing dealer or the area of responsibility as defined in the franchise, whichever is greater; except that when a franchisor is seeking to establish an additional new motor vehicle dealer and there are one or more existing new motor vehicle dealers of the same line make within a ten-mile radius of the proposed dealership facilities, the 'relevant market area' shall be the area within a radius of ten miles of an existing dealer.
(15) 'Warrantor' means any person who gives a warranty in con nection with a new motor vehicle.
(16) 'Warranty' means a written document signed or authorized by the party on whose behalf it is given which is made or given incident to the sale or lease of a new motor vehicle which contains either state ments or promises that said new motor vehicle meets or will meet certain standards or promises to perform certain repairs or other services in con nection with said new motor vehicle if necessary. Such term does not include service contracts, mechanical or other insurance, or 'extended warranties' sold for separate consideration by a dealer or other person not controlled by a manufacturer or distributor.
10-1-623. (a) Notwithstanding the terms, provisions, or conditions of any agreement or franchise or other terms or provisions of any nova tion, waiver, or other written instrument, any person who is or may be injured by a violation of a provision of this article or any party to a franchise who is so injured in his business or property by a violation of a provision of this article relating to that franchise or any person so injured because he refuses to accede to a proposal for an arrangement which, if consumated, would be in violation of this article may bring an action for damages and equitable relief including injunctive relief.
(b) If the franchisor engages in intentional, aggravated, or contin ued multiple violations of a provision or provisions of this article, the court may award punitive damages in addition to any other damages au thorized under this part.
(c) A dealer, owner, or other party, if he has not suffered any loss of money, property, employment rights, or business opportunity, may obtain final equitable relief if it can be shown that the violation of a provision of this article by a franchisor may have the effect of causing such loss of money, property, employment rights, or business opportunity.
(d) In a successful action under this article against a franchisor, the court may assess costs and reasonable attorney's fees against the franchisor.

1272

JOURNAL OF THE SENATE

10-1-624. (a) Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering of advertising for sale or has business dealings with respect to a new motor vehicle sale within this state shall be subject to the provisions of this article and shall be subject to the jurisdiction of the courts of this state.
(b) The applicability of this article shall not be affected by a choice of law clause in any franchise, agreement, waiver, novation, or any other written instrument.
(c) Any provision of any franchise, agreement, waiver, novation, or any other written instrument executed, modified, extended, or renewed after July 1, 1983, which is in violation of any Code section of this article shall be deemed null and void and without force and effect.
(d) No franchisor shall use any subsidiary corporation, affiliated corporation, or any other controlled corporation, partnership, association, or person to accomplish what would otherwise be illegal conduct under this article on the part of the franchisor.
10-1-625. Actions arising out of any provision of this article shall be commenced within a four-year period of the accrual of the cause of ac tion; however, if a person liable under this article conceals the cause of action from the knowledge of the person entitled to bring the action, the period prior to the discovery of his cause of action by the person entitled to bring such action shall be excluded in determining the time limited for the commencement of the action.
10-1-626. The rights, remedies, and duties contained in this article are not exclusive but are cumulative with the rights, remedies, and duties otherwise provided by law. The rights and duties contained in the various parts of this article are not exclusive but are cumulative with the rights and duties provided in other parts of this article.
10-1-627. (a) No franchisor, nor any agent nor employee of a franchisor, shall use a written instrument, agreement, or waiver to at tempt to nullify any of the provisions of this article and any such agree ment, written instrument, or waiver shall be null and void. This Code section shall not prevent a dealer from voluntarily entering into a valid release agreement.
(b) The provisions of this article shall apply to all written agree ments or oral agreements upon which a dealer has relied between a franchisor and a dealer, including, but not limited to, the franchise offer ing, the franchise agreement, sales of goods, services or advertising, leases or mortgages of real or personal property, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts, and all other agreements where the franchisor has any direct or indirect interest.
(c) Any provision in this article to the contrary notwithstanding, this article and the remedies provided in this article shall not apply to any written or oral agreement between a dealer and a person engaged primarily in providing financing or insurance services to a dealer, nor to

FRIDAY, FEBRUARY 18, 1983

1273

any relationship between a dealer and such person pursuant to such agreement.
Part 2
10-1-630. This part shall be known and may be cited as the 'Georgia Motor Vehicle Dealer's Day in Court Act.'
10-1-631. (a) It is declared to be violative of the existing law of the State of Georgia for any franchisor:
(1) To fail to act in good faith with any dealer in connection with the sale, transfer, termination, or succession of a franchise or in connec tion with the operation of a dealer's business pursuant to a franchise or to fail to act in good faith in any of its business transactions with a dealer; or
(2) To utilize a boycott, refusal to deal, threat of refusal to deal, coercion, threat of punitive action, withholding of benefits, or other un conscionable business practices in any of its business transactions with a dealer.
(b) Without limitation as to other actions which may violate this Code section, it shall be evidence of a violation of this Code section if a franchisor commits any action which would be a violation of any part of the 'Georgia Motor Vehicle Franchise Practices Act.'
Part 3
10-1-640. This part shall be known and may be cited as the 'Motor Vehicle Warranty Practices Act.'
10-1-641. (a) (1) Each distributor, manufacturer, or warrantor:
(A) Shall specify in writing to each of its dealers in this state the dealer's obligations for predelivery preparation including the repair of damages incurred in the transportation of vehicles as set forth in Code Section 10-1-642, recall work, and warranty service on its products;
(B) Shall compensate the dealer for such work and service re quired of the dealer by the distributor, manufacturer, or warrantor;
(C) Shall provide the dealer with a schedule of compensation to be paid such dealer for parts, work, and service in connection therewith; and
(D) Shall provide the dealer with a schedule of the time allowance for the performance of such work and service. Any such schedule of com pensation shall include reasonable compensation for diagnostic work, re pair service, and labor. Time allowances for the diagnosis and perform ance of such work and service shall be reasonable and adequate for the work to be performed.
(2) In the determination of what constitutes reasonable compensa tion under this Code section, the principal factors to be considered shall be the prevailing wage rates being paid by dealers in the community in which the dealer is doing business. In no event shall the hourly labor rate

1274

JOURNAL OF THE SENATE

paid to a dealer for such work and service be less than the rate charged by such dealer for like work and service to nonwarranty customers for nonwarranty service and repairs provided such rate is reasonable.

(b) Manufacturers and distributors shall include in written notices of factory recalls to new motor vehicle owners and dealers the expected date by which necessary parts and equipment will be available to dealers for the correction of such defects. Manufacturers and distributors shall compensate any dealers in this state for repairs effected by all recalls.

(c) All such claims shall be either approved or disapproved within 30 days after their receipt on forms and in the manner specified by the manufacturer, distributor, or warrantor, and any claim not specifically disapproved in writing within 30 days after the receipt shall be construed to be approved and payment must follow within 30 days; however, the manufacturer, distributor, or warrantor may retain the right to audit such claims and to charge the dealer for false, incorrect, or unsubstanti ated, or fraudulent claims for a period of not more than two years follow ing payment.

10-1-642. Notwithstanding the terms, provisions, or conditions of any agreement of franchise, a manufacturer or distributor selling motor vehicles to dealers is liable for all damages to such motor vehicles before delivery to a carrier or transporter. If a dealer selects the carrier, the risk of loss passes to the dealer upon delivery of the vehicle to the carrier. In every other instance, the risk of loss remains with the franchisor until such time as the dealer or his designee accepts the vehicle from the carrier.

10-1-643. All manufacturers, distributors, and warrantors shall re imburse their dealers for reasonable attorney's fees incurred by the dealer in defending any action in which the dealer is named as a defen dant and in which the allegations set forth in the action are based solely upon claims of alleged defective or negligent manufacture, assembly, de sign of new motor vehicles, parts, or accessories, or other functions by the distributor, manufacturer, or warrantor which are beyond the control of the dealer. For this Code section to be applicable, the dealer must give notice to the manufacturer, distributor, and warrantor within 30 days of the receipt of the action if the manufacturer, distributor, or warrantor is not a named defendant in the action. In addition, this Code section only applies to actions in which no judgment or finding of fault is returned against the dealer. This Code section shall not preclude the dealer from recovering attorney's fees from the franchisor under other circumstances when the facts warrant such recovery.

10-1-644. This part shall not be applicable with respect to vehicles shipped or contracted to be shipped prior to July 1, 1983, pursuant to contracts with certain provisions which are contrary to matters contained in this part.

FRIDAY, FEBRUARY 18, 1983

1275

Part 4
10-1-650. This part shall be known and may be cited as the 'Motor Vehicle Franchise Continuation and Succession Act.'
10-1-651. (a) Notwithstanding the terms, provisions, or conditions of any franchise and notwithstanding the terms or provisions of any waiver, no franchisor shall cancel, terminate, or fail to renew any franchise with a dealer unless the franchisor:
(1) Has satisfied the notice requirement of subsection (e) of this Code section;
(2) Has good cause for cancellation, termination, or nonrenewal; and
(3) Has acted in good faith.
(b) Notwithstanding the terms, provisions, or conditions of any franchise or the terms of provisions of any waiver, good cause shall exist for the purposes of a termination, cancellation, or nonrenewal when there is a failure by the dealer to comply with a provision of the franchise which is both reasonable and of material significance to the franchise relationship, provided the dealer has been notified in writing of the fail ure within 180 days after the franchisor first acquired knowledge of such failure or after the dealer is given a reasonable opportunity to correct such failure for a period of not less than 180 days.
(c) If the failure by the dealer, as defined in subsection (b) of this Code section, relates to the performance of the dealer in sales or service, then good cause shall be defined as the failure of the dealer to comply or to demonstrate substantial progress towards compliance with reasonable performance criteria established by the franchisor if:
(1) The dealer was notified by the franchisor in writing of such failure;
(2) Said notification stated that notice was provided of failure of performance pursuant to this Code section;
(3) The dealer was afforded a reasonable opportunity, for a period of not less than six months, to comply with such criteria; and
(4) The dealer did not demonstrate substantial progress towards compliance with the franchisor's performance criteria during such period.
(d) The franchisor shall have the burden of proof under this Code section.
(e) (1) Notwithstanding franchise terms to the contrary, prior to the termination, cancellation, or nonrenewal of any franchise, the franchisor shall furnish notification, as provided in paragraph (2) of this subsection, of such termination, cancellation, or nonrenewal to the dealer as follows:

1276

JOURNAL OF THE SENATE

(A) Not less than 90 days prior to the effective date of such termi nation, cancellation, or nonrenewal;
(B) Not less than 15 days prior to the effective date of such termi nation, cancellation, or nonrenewal with respect to any of the following:
(i) Insolvency of the dealer, or filing of any petition by or against the dealer under any bankruptcy or receivership law;
(ii) Failure of the dealer to conduct its customary sales and service operations during its customary business hours for seven consecutive bus iness days, except for acts of God or circumstances beyond the direct control of the dealer;
(iii) Conviction of the dealer, general manager, or managing exec utive or any owner with a substantial interest therein of any felony which is punishable by imprisonment;
(iv) Revocation or suspension for a period of more than 14 days of any license which the dealer is required to have to operate a dealership; or
(v) Fraud or intentional misrepresentation by the dealer which ma terially affects the franchise, provided the franchisor gives notice within one year of the time when the fraud or misrepresentation occurred; or
(C) Not less than 180 days prior to the effective date of such ter mination or cancellation where the franchisor is discontinuing the sale of the product line.
(2) Notification under this Code section shall be in writing and shall be by certified mail or personally delivered to the dealer and shall contain:
(A) A statement of intention to terminate, cancel, or not to renew the franchise;
(B) A statement of the reasons for the termination, cancellation, or nonrenewal; and
(C) The date on which such termination, cancellation, or nonre newal is to take effect.
(f) (1) Upon the termination, cancellation, or nonrenewal of any franchise by the franchisor pursuant to this Code section, the dealer shall be paid fair and reasonable compensation by the franchisor for the following:
(A) Any new motor vehicle inventory which has been acquired from the franchisor so long as the motor vehicle has not been altered or materially changed:
(B) Any supplies and parts which have been acquired from the franchisor and which have been listed in a parts catalog within the last three years and which are in salable condition;

FRIDAY, FEBRUARY 18, 1983

1277

(C) Any equipment and furnishings purchased from the franchisor or its approved sources within the last three years; and
(D) Any special tools acquired within the last three years.
(2) Fair and reasonable compensation for the above shall in no in stance be less than the net acquisition price if the items were acquired in the last three years or the fair market value if the items were acquired more than three years previous and shall be paid by the franchisor within 90 days of the effective date of termination, cancellation, or nonrenewal, provided the dealer has clear title to the inventory and other items or is able to convey such title to the franchisor and does convey or transfer title and possession of the inventory and other items to the franchisor.
(g) In the event of a termination, cancellation, or nonrenewal by the franchisor pursuant to subsection (c) of this Code section, relating to the performance of the dealer in sales or service, then the franchisor shall pay the dealer a sum equivalent to the rent for the unexpired term of the lease if the unexpired term is less than one year. If the unexpired term of the lease is one year or more than one year but less than five years, then the franchisor shall pay the dealer a sum equivalent to the rent for one year. If the unexpired term of the lease is for five years or more than five years but less than ten years, then the franchisor shall pay the dealer a sum equivalent to the rent for two years. If the unexpired term of the lease is ten years or more, then the franchisor shall pay the dealer a sum equivalent to the rent for three years. If the dealer owns the dealership facilities, the franchisor shall pay the dealer a sum equivalent to the rea sonable rental value of the dealership facilities for one year.
(h) If, in an action for damages under this section, the franchisor fails to prove either that the franchisor has acted in good faith or that there was good cause for the franchise termination, cancellation, or nonrenewal, then the franchisor shall pay the dealer an amount equal to the value of the dealership as an ongoing business, at which time the franchisor shall receive any title to the dealership facilities which the dealer may have. If the dealer receives an amount equal to the value as an ongoing business, the dealer shall have no other recovery from the franchisor absent a showing such as would warrant punitive damages under Code Section 10-1-623.
(i) Without limitation as to factors which may constitute or indi cate a lack of good faith, no termination shall be considered to be in good faith:
(1) If such termination relates to the death or disability of an own er and the franchisor has not complied with Code Section 10-1-652; or
(2) If such termination relates to a change in ownership or man agement and the franchisor has not complied with Code Section 10-1653.
10-1-652. (a) Unless there exists good cause for refusal to honor succession on the part of the franchisor, any designated successor of a deceased or incapacitated owner may succeed to the ownership interest of the owner under the existing franchise if:

1278

JOURNAL OF THE SENATE

(1) The designated successor gives the franchisor written notice of his or her intention to succeed to the ownership interest within 120 days of the owner's death or incapacity; and
(2) The designated successor agrees to be bound by all the terms and conditions of the franchise.
(b) The franchisor may request, and the designated successor shall provide promptly upon said request, personal and financial data that is reasonably necessary to determine whether the succession should be honored.
(c) If a franchisor believes that good cause exists for refusing to honor the succession to the ownership interest of an owner by a desig nated successor of a deceased or incapacitated owner, the franchisor may, within 60 days following receipt of notice of the designated succes sor's intent to succeed to the ownership interest of the owner or any per sonal or financial data which the franchisor has requested, serve upon the designated successor notice of its refusal to honor the succession and of its intent to discontinue the existing franchise with the dealer; however, if the franchisor shall enter into one or more interim or trial agreements with the designated successor, which interim or trial agreements may not extend more than three years from the owner's death or disability, then and in such event such notice shall be deemed timely if sent within 60 days of the termination of such interim or trial agreement. The notice must state the specific grounds for the refusal to honor the succession and of its intent to discontinue the existing franchise with the dealer.
(d) If a franchisor refuses to honor the succession to the ownership interest of a deceased or incapacitated owner, then and in such event:
(1) The franchisor shall allow the designated successor a reasona ble period of time which shall not be less than six months in which to negotiate a sale of the dealership. Any such sale shall be subject to Code Section 10-1-653; and
(2) Upon termination of the franchise pursuant to such refusal, the provisions of Code Section 10-1-651 shall apply.
(e) If notice of refusal and discontinuance is not timely served upon the designated successor, the franchise shall continue in effect sub ject to termination only as otherwise permitted by this part.
(f) In determining whether good cause for the refusal to honor the succession exists, the franchisor has the burden of proving that the desig nated successor is a person who is not of good moral character or does not meet the franchisor's existing and reasonable standards or, consider ing the volume of sales and service of the dealer, uniformly applied, does not possess minimum financial and business experience standards in the market area.
(g) No franchisor shall terminate, cancel, or fail to renew any franchise solely because of the death or incapacity of an owner who is not listed in the franchise as one on whose expertise and abilities the franchisor relied in the granting of the franchise.

FRIDAY, FEBRUARY 18, 1983

1279

10-1-653. (a) If a new motor vehicle dealer desires to make a change in its executive management or ownership or to sell its principal assets, the new motor vehicle dealer will give the franchisor prior written notice of the proposed change or sale. The franchisor shall not arbitrarily refuse to agree to such proposed change or sale. Where the franchisor rejects a proposed change or sale, the franchisor shall give written notice of his reasons to the new motor vehicle dealer within 60 days. If no such notice is given to the new motor vehicle dealer, the change or sale shall be deemed approved. The franchisor shall have the burden of proof to show that its disapproval is not arbitrary.
(b) In the alternative, the franchisor may offer to purchase an ownership interest in a new motor vehicle dealership on such terms and conditions, including entering into any ancillary or auxiliary contracts, as were disclosed by the owner to the franchisor.
10-1-654. (a) Except as provided in subsection (b) of this Code section, this part shall be applicable only to franchise agreements made, entered into, renewed, continued, or extended after June 30, 1983.
(b) It is the finding of the General Assembly that most franchise agreements existing in this state, notwithstanding the written terms thereof, were entered into with the explicit or implicit understanding, based on words and actions of the franchisor's representatives, that such franchise would be renewed, continued, or extended and that the owner's wishes as to successors would be honored and that to fail to give effect to such understanding would constitute an unfair and deceptive trade prac tice and would be unconscionable under the laws of this state. Accord ingly, no termination, nonrenewal, noncontinuance, nonextension, or re fusal to consent to transfer or succession shall be made with respect to any franchise existing on July 1, 1983, except in accordance with the provisions of this part unless the franchisor can show by the preponder ance of the evidence:
(1) That there is no basis in the franchisor's conduct with other dealers or in the representations of employees or salesmen of the franchisor for the dealer's belief that the franchise would be renewed, continued, or extended or that the owner's wishes as to succession or transfer would be honored; and
(2) That such action by the franchisor is in good faith and is con sistent with such franchisor's actions in similar situations.
Part 5
10-1-660. This part shall be known and may be cited as the 'Motor Vehicle Fair Practices Act.'
10-1-661. (a) No franchisor shall require, attempt to require, co erce, or attempt to coerce any dealer in this state:
(1) To order or accept delivery of any new motor vehicle, part, or accessory thereof, equipment, or any other commodity not required by law which shall not have been voluntarily ordered by the dealer; except that this paragraph does not affect any terms or provisions of a franchise

1280

JOURNAL OF THE SENATE

requiring dealers to market a representative line of those motor vehicles which the franchisor is publicly advertising;
(2) To order or accept delivery of any new motor vehicle with spe cial features, accessories, or equipment not included in the list price of such new motor vehicle as publicly advertised by the franchisor;
(3) To refrain from participation in the management of, invest ment in, or the acquisition of any other line of new motor vehicle or related products. However, this paragraph does not apply unless the dealer maintains a reasonable line of credit for each make or line of new motor vehicle, the dealer remains in compliance with any reasonable fa cilities requirements of the franchisor, and no change is made in the prin cipal management of the dealer;
(4) To establish or maintain exclusive facilities, personnel, or dis play space;
(5) To expand facilities without a written assurance of a sufficient supply of new motor vehicles so as to justify such an expansion in light of the market and economic conditions;
(6) To make significant modifications to an existing dealership or to construct a dealership facility without providing a written assurance of a sufficient supply of new motor vehicles so as to justify such modifica tion or construction in light of the market and economic conditions;
(7) To sell, assign, or transfer any retail installment sales contract obtained by such dealer in connection with the sale by him in this state of new motor vehicles to a specified finance company or class of such companies or to any other specified persons; or
(8) To provide warranty or other services for the account of franchisor, except as provided in the 'Georgia Motor Vehicle Warranty Practices Act.'
(b) This Code section is a declaration of existing law relating to contracts in restraint of trade as contained in Code Section 13-82-2; how ever, no action shall in any way be based on this Code section with re spect to acts occurring prior to July 1, 1983.
10-1-662. (a) It shall be unlawful for any franchisor:
(1) To delay, refuse, or fail to deliver new motor vehicles or new motor vehicle parts or accessories in a reasonable time and in reasonable quantity if such vehicles, parts, or accessories are publicly advertised as being available for immediate delivery. This paragraph is not violated, however, if such failure is caused by acts or causes beyond the control of the franchisor;
(2) To obtain money, goods, services, or any other benefit from any other person with whom the dealer does business, on account of, or in relation to, the transaction between the dealer and such other person, other than as compensation for services rendered, unless such benefit is promptly accounted for and transmitted to the dealer;

FRIDAY, FEBRUARY 18, 1983

1281

(3) To release to any outside party, except under subpoena or as otherwise required by law or in an administrative, judicial, or arbitration proceeding involving the franchisor or dealer, any business, financial, or personal information which may be from time to time provided by the dealer to the franchisor, without the express written consent of the dealer;
(4) To resort to or to use any false or intentionally deceptive ad vertisement in the conduct of his business as a franchisor in this state:
(5) To make any false or intentionally deceptive statement, either directly or through any agent or employee, in order to induce any dealer to enter into any agreement or franchise or to take any action which is prejudicial to that dealer or his business;
(6) To require any dealer to assent ^respectively to a release, as signment, novation, waiver, or estoppel which would relieve any person from liability to be imposed by law or to require any controversy between a dealer and a franchisor to be referred to any person other than the duly constituted courts of the state or the United States if such referral would be binding upon the dealer;
(7) To fail to observe good faith in any aspect of dealings between the franchisor and the dealer;
(8) To deny any dealer the right of free association with any other dealer for any lawful purposes; or
(9) To engage in any predatory practice or discrimination against any dealer.
(b) This Code section is a declaration of existing law relating to unfair and deceptive trade practices; however, no action shall in any way be based on this Code section with respect to acts occurring prior to July 1, 1983.
10-1-663. (a) No franchisor shall require, attempt to require, co erce, or attempt to coerce any dealer in this state:
(1) To participate monetarily in an advertising campaign or con test or to purchase any promotional materials, training materials, show room or other display decorations, or materials at the expense of the dealer; or
(2) To change or refrain from changing the capital structure or ownership of the dealer or the means by or through which the dealer finances the operation of the dealership, provided the dealer at all times meets any reasonable capital standards determined by the franchisor in accordance with uniformly applied criteria and provided no change in the capital structure shall cause a change in the principal management or have the effect of a sale of the franchise without the consent of the franchisor, which consent shall not unreasonably be withheld.
(b) No franchisor shall:

1282

JOURNAL OF THE SENATE

(1) Refuse to disclose to any dealer the manner and mode of distri bution of the same line make as handled by the dealer within the rele vant market area;
(2) Increase prices of new motor vehicles which the dealer had or dered for consumers prior to the dealer's receipt of the written official price increase notification. A sales contract signed by a consumer shall constitute evidence of each such order, provided the vehicle is in fact delivered to that customer. Price differences applicable to new models or series shall not be considered a price increase. Price changes caused by the addition to a motor vehicle of required or optional equipment, revalu ation of the United States dollar in the case of foreign-make vehicles or components, or an increase in transportation charges due to increased rates imposed by carriers shall not be subject to the provisions of this paragraph;
(3) Discriminate unfairly among its dealers with respect to any as pect of operating a motor vehicle dealership;
(4) Impose unreasonable restrictions on the dealer relative to non competition covenants, site-control, whether by sublease, collateral pledge of lease, or otherwise, right of first refusal to purchase, option to purchase, compliance with subjective standards, or other matters incident to the operation of the dealership; or
(5) Unreasonably change the relevant market area of a dealer as set forth in the dealer's franchise agreement.
(c) This Code section shall not be effective with respect to franchise agreements entered into before July 1, 1983, unless such franchise agreements are modified, extended, or renewed on or after that date.
Part 6
10-1-670. This part shall be known and may be cited as the 'Motor Vehicle Franchise Fair Competition Act.'
10-1-671. No franchisor shall discriminate among its dealers or prejudice the customers of its dealers in this state in any matter incident to the operation of a dealership including, but not limited to, matters relating to reimbursements for warranty repairs and other such charges, the allocation or availability of motor vehicles, or the location or reloca tion of dealerships.
10-1-672. (a) Except as provided in this Code section, it is discrim ination against an existing dealer and prejudice against an existing dealer's customers for a franchisor to grant a franchise to a new dealer or to relocate an existing dealer within or into the relevant market area of an existing dealer representing the same line make of motor vehicle.
(b) This Code section shall not apply:
(1) Where the existing dealer is not doing an adequate job of sell ing and servicing the line make of motor vehicle to be handled by the

FRIDAY, FEBRUARY 18, 1983

1283

proposed new or relocated dealer and the franchisor fully complies with the applicable procedures of Code Section 10-1-673;
(2) Where the demand, within the dealer's relevant market area, for sales and service for the particular line make of motor vehicle exceeds the capacity of the existing dealer and the franchisor has fully complied with the applicable procedures of Code Section 10-1-673;
(3) To the relocation of an existing dealer within that dealer's own relevant market area so long as the relocation is not to be at a site within seven miles of an existing dealer representing the same line make of mo tor vehicles; or
(4) If the proposed new dealer is to be established at or within two miles of a location at which a former dealer representing the same line make had ceased operating within the previous two years.
10-1-673. (a) (1) Franchisors proceeding under paragraph (1) or (2) of subsection (b) of the Code Section 10-1-672 shall, before granting a franchise to any proposed new dealer or before authorizing the reloca tion of any existing dealer, comply with the following:
(A) The franchisor shall, at least 30 days prior to the proposed effective date of the contemplated action, give the existing dealer written notice of that contemplated action;
(B) The written notice given by the franchisor shall be served on the existing dealer by certified mail, return receipt requested, and shall be served on all owners and the general manager, or similar officer or employee, or the existing dealership; and
(C) The notice given by the franchisor shall state in detail the facts upon which the franchisor relies to show that the existing dealer either is not doing an adequate job of selling and servicing the particular line make of motor vehicle or does not have the capacity to service the demand for sales and service of the particular line make of motor vehicle.
(2) Within 30 days of the mailing of the notice by the franchisor, the existing dealership shall notify the franchisor in writing if the dealer elects to proceed under subsection (b) of this Code section, and, in that event, all further proceedings shall be as provided in subsection (b) of this Code section. If the dealer makes no such notification, the existing dealer may seek any relief to which it is entitled under its franchise agreement, under Code Section 10-1-613, or under any existing provision of Georgia law.
(b) (1) When any existing dealer elects to proceed under this subsection, as provided in paragraph (2) of subsection (a) of this Code section, the franchisor shall not grant any new franchise to any proposed new dealer and shall not authorize the relocation of any existing dealer until the franchisor complies with the following:
(A) Where the franchisor has alleged under paragraph (1) of sub section (b) of Code Section 10-1-672 that the existing dealer is failing to do an adequate job of selling and servicing the particular line make of

1284

JOURNAL OF THE SENATE

motor vehicle, the existing dealer shall be allowed six months from the date it elects to proceed under this subsection to correct and cure or to demonstrate substantial progress towards correcting or curing any such alleged deficiency. The franchisor shall in good faith work with the ex isting dealer to correct the alleged deficiencies; and
(B) Where the franchisor has alleged under paragraph (2) of sub section (b) of Code Section 10-1-672 that the demand for sales and ser vice of the particular line make of motor vehicle exceeds the capacity of the existing dealer, the existing dealer shall be allowed 12 months from the date it elects to proceed under this subsection to expand its capacity sufficiently to service such market area. The franchisor shall in good faith work with the existing dealer to cure any alleged deficiencies.
(2) Where the existing dealer's alleged deficiencies are corrected within the applicable time period as provided in paragraph (1) of this subsection or the dealer demonstrates substantial progress towards cor recting the alleged deficiencies such that it appears probable that the cor rections will be completed in the near future, the franchisor shall give the existing dealer a written acknowledgment of that fact.
(3) Where, in the opinion of the franchisor, the existing dealer has failed to correct the alleged deficiencies and has failed to demonstrate substantial progress towards correcting the alleged deficiencies, the franchisor shall give written notice of that determination to the existing dealer in the manner provided in subparagraph (B) of paragraph (1) of subsection (a) of this Code section. Such notice cannot be given prior to the completion of the applicable time provided to correct and cure but must be given within 30 days after the completion of the applicable time provided for correction and cure. The existing dealer may seek any relief to which it is entitled under its franchise agreement, under Code Section 10-1-613 or any other applicable provisions of Georgia law.
10-1-674. (a) In any action under this part, the franchisor shall have the burden of showing either that the existing dealer is failing to do an adequate job of selling and servicing the applicable line make of mo tor vehicle or that the demand for sales and service for the particular line make of motor vehicle exceeds the capacity of the existing dealer.
(b) In any action under this part, the trier of fact shall take into consideration the existing circumstances including, but not limited to, the following:
(1) Capital investment of both the existing and the new or relo cated dealers;
(2) Growth or decline in population and new motor vehicle regis tration in the relevant market area;
(3) The effect on the consumer in the relevant market area; and
(4) General market and economic conditions which would affect the existing and the new or relocated dealer."

FRIDAY, FEBRUARY 18, 1983

1285

Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain in full force and effect as if the section, subsection, sentence, clause, or phrase so de clared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the re maining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 3. This Act shall become effective on July 1, 1983.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Coggin of the 35th offered the following amendment:
Amend the substitute to SB 199 offered by the Senate Committee on Industry and Labor by adding on Page 4, line 4, the word "solely" after the word "engaged",
and
also by changing the word "dealer" on line 7, Page 5, to the word "agreement."

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill 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 Broun of 46th Brown of 47th Bryant Burton Cobb

Coggin Coleman Dawkins Deal Dean English Engram Foster Gillis Greene

Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy

1286

JOURNAL OF THE SENATE

Kidd Land Lester LMitctGleiflileld
McKenzie
Peevy

Perry Phillips Scott of 2nd SSccootttt ooff 4336rthd
Starr
Stumbaugh

Tate Thompson Timmons T1 r"ulTock
Turner
Walker

Voting in the negative were Senators Coverdell and Tysinger.

Those not voting were Senators:

Brannon Brantley

Fincher

Garner

On the passage of the bill, the yeas were 50, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 255. By Senators Gillis of the 20th, Bryant of the 3rd and Walker of the 19th:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, by adding immediately following Part 6 a new part to be designated Part 7, so as to create the Sapelo Island Heritage Authority; to provide a short title.

The report of the committee, which was favorable to the passage of the bill was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Broun of 46th Bryant Burton Cobb Coggin Coleman Dawkins

Deal Dean English Engram Foster Gillis Greene Harris Harrison Hill Hine Holloway

Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry

FRIDAY, FEBRUARY 18, 1983

1287

Phillips Scott of 2nd Scott of 36th
Scott of 43rd Starr

Stumbaugh Tate Thompson Timmons

Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Brantley Brown of 47th

Coverdell Fincher

Garner Littlefield

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 72. By Representatives Triplet! of the 128th, Ginsberg of the 122nd, Phillips of the 125th and others:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to P.O. Oil & Chemical Storage, Inc., a Georgia corporation, its successors and assigns, an irrevoca ble easement over, under, across, and through certain property owned and claimed by the state, located in Chatham County, Georgia, in the Savannah River, for the construction, installation, operation, maintenance, repair and replacement of berthing, docking, and storage facilities.
Senate Sponsor: Senator Scott of the 2nd.

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 Bryant Burton Cobb Coggin Coleman

Dawkins Deal English Engram Fincher Foster Garner Gillis Greene Harris

Harrison Hill Mine Holloway Horton Howard Huggins Kennedy Kidd Land

1288

JOURNAL OF THE SENATE

Lester Littlefield McGill McKenzie Peevy Perry

Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate

Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Brantley Broun of 46th

Brown of 47th Coverdell Dean

Hudgins Starr

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Gillis of the 20th introduced Dr. Roy Rowland, the new Congressman from the 8th District, to the Senate.

Senator Greene of the 26th introduced the doctor of the day, Dr. Jack Menendez, of Macon, Georgia.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 256. By Senators Gillis of the 20th, Bryant of the 3rd and Walker of the 19th:
A bill to amend Code Section 12-5-134 of the Official Code of Georgia An notated, relating to termination of the State Water Well Standards Advi sory Council, so as to change the date for the termination of the council and for the repeal of laws relating thereto; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen

Brown of 47th Bryant Burton Cobb Coggin

Coleman Coverdell Dawkins Deal Dean

FRIDAY, FEBRUARY 18, 1983

1289

English Engram Foster Garner Gillis Greene Harris Hill Hine Holloway Horton

Hudgins Huggins Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy Perry

Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Brantley Broun of 46th

Fincher Harrison Howard

Stumbaugh Trulock

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 60. By Senators Howard of the 42nd and Greene of the 26th:
A bill to amend Code Section 15-6-65 of the Official Code of Georgia Anno tated, relating to entry of civil cases and order for trial, so as to provide an exception regarding the order for trial of certain civil cases in the superior courts when one of the parties is 70 years of age or older and additional circumstances are found to exist.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 60:

A BILL TO BE ENTITLED AN ACT
To amend Code Section 15-6-65 of the Official Code of Georgia Anno tated, relating to entry of civil cases and order for trial, so as to provide an exception regarding the order for trial of certain civil cases in the superior courts when one of the parties is 70 years of age or older and additional circumstances are found to exist; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-6-65 of the Official Code of Georgia Anno tated, relating to entry of civil cases and order for trial, is amended by designating the first paragraph thereof as subsection (a) and adding imme diately thereafter a new subsection (b) to read as follows:

1290

JOURNAL OF THE SENATE

"(b) Notwithstanding subsection (a) of this Code section, the pre siding judge of the superior courts of a judicial circuit may provide that any civil case in the superior courts of that circuit stand for trial at an earlier time than that determined by the order in which such case was entered as determined by when that case came into court, but only upon motion of any of the parties whom the judge finds to be 70 years of age or older at the time the case was entered or reached 70 years of age thereafter, and only when the judge further finds that because of such age and its attendant infirmities, or related medical necessities or other exigent circumstances, failure to try such case at an earlier time might result in a substantial denial of justice."
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 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram

Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Starr Stumbaugh Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon Brantley

Broun of 46th Fincher Kidd

Scott of 43rd Trulock

FRIDAY, FEBRUARY 18, 1983

1291

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 214. By Senator Kidd of the 25th:
A bill to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to prohibit fraudulent obtaining or attempting to obtain public housing, reduc tion in rent, or subsidies.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 214:

A BILL TO BE ENTITLED AN ACT
To amend Code Section 16-9-55 of the Official Code of Georgia Anno tated, relating to fraudulently obtaining or attempting to obtain public hous ing or reduction in public housing rent, so as to change certain penalty pro visions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-9-55 of the Official Code of Georgia Anno tated, relating to fraudulently obtaining or attempting to obtain public hous ing or reduction in public housing rent, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any person who obtains or attempts to obtain or who estab lishes or attempts to establish eligibility for, and any such person who knowingly or intentionally aids or abets such person in obtaining or at tempting to obtain or in establishing or attempting to establish eligibility for, any public housing or a reduction in public housing rental charges or any rent subsidy to which such person would not otherwise be entitled, by means of a false statement, failure to disclose information, impersona tion, or other fraudulent scheme or device shall be guilty of a misde meanor of a high and aggravated nature."
Section 2. 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.

1292

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 Bond Bowen Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Foster Gillis Greene Harris Harrison Hill Hine Holloway Horton Huggins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Brantley Broun of 46th

Fincher Garner Howard

Hudgins Trulock

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate amendment to the following bill of the House:

HB 140. By Representatives Walker of the 115th, Evans of the 84th and Smyre of the 92nd:
A bill to amend Code Section 10-1-395 of the Official Code of Georgia An notated, relating to the Consumer Advisory Board, so as to provide for new members of the board.

FRIDAY, FEBRUARY 18, 1983

1293

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 269. By Senator Tysinger of the 41st:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to regulation of rule making, rates, and related organizations, as amended, so as to delete certain references to workers' compensation.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On 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 Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram Foster

Garner Gillis Greene Harrison Hill Mine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative were Senators Coggin and Scott of the 36th.

Those not voting were Senators:

Bond Brannon Brantley

Broun of 46th Fincher Harris

Littlefield Stumbaugh

On the passage of the bill, the yeas were 46, nays 2.

The bill, having received the requisite constitutional majority, was passed.

Senator Allgood of the 22nd gave notice that, at the proper time, he would move

1294

JOURNAL OF THE SENATE

that the Senate reconsider its action previously today in adopting the following resolu tion of the Senate:

SR 86. By Senators Land of the 16th, Lester of the 23rd, Garner of the 30th and others:
A resolution relative to the federal appeals process regarding imposition of the death penalty.

The following general bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:
SB 58. By Senators Tysinger of the 41st, McKenzie of the 14th and Foster of the 50th:
A bill to amend Code Section 34-9-12 of the Official Code of Georgia Anno tated, relating to employer's record of injuries and availability of records of the State Board of Workers' Compensation, so as to provide that, under such reasonable rules and regulations as the board may adopt, the records of the board as to any person in any previous case in which such person was a claimant shall be made available to employers or their designated representatives.

Senator Garner of the 30th moved that SB 58 be committed to the Senate Com mittee on Industry and Labor.

Senator Tysinger of the 41st moved the previous question.

Senator Garner of the 30th moved that SB 58 be placed on the Table.

On the motion offered by Senator Garner of the 30th to table SB 58, which takes precedence, Senator Walker of the 19th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bond Brown of 47th
Defjf 11 Engram Garner Greene

Harrison Mine Horton
Howard Hudgins Littlefield Peevy

Phillips Scott of 2nd Scott of 36th
Scott of 43rd Tate Thompson Trulock

FRIDAY, FEBRUARY 18, 1983

1295

Those voting in the negative were Senators:

Allgood Barker Broun of 46th Bryant Burton Cobb Coverdell Dawkins Deal

English Fincher Foster Gillis Harris Hill Huggins Kennedy Kidd

Land Lester McGill McKenzie Perry Stumbaugh Turner Tysinger Walker

Those not voting were Senators:

Bowen
Brannon Brantley

Coleman Holloway

Starr Timmons

On the motion, the yeas were 22, nays 27; the motion was lost, and SB 58 was not placed on the Table.

On the motion offered by Senator Tysinger of the 41st, the next motion in prece dence, the yeas were 27, nays 2; the motion prevailed, and the previous question was ordered.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Bowen Broun of 46th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

English Fincher Foster Gillis Harris Hill Holloway Huggins Kennedy Kidd

Lester McGill McKenzie Perry Phillips Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Allgood Barnes Bond Brown of 47th

Coggin Dean Engram Garner

Greene Hine Horton Howard

1296

JOURNAL OF THE SENATE

Hudgins Littlefield Peevy Scott of 2nd

Scott of 36th Scott of 43rd Starr Stumbaugh

Tate Thompson Trulock

Those not voting were Senators:

Brannon

Harrison

Land

Brantley

On the passage of the bill, the yeas were 29, nays 23.

The bill, having received the requisite constitutional majority, was passed.

Senator Barnes of the 33rd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 58.

SB 232. By Senator Hudgins of the 15th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to protective orders.

The Senate Committee on Children and Youth offered the following substitute to SB 232:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, so as to change the provisions relat ing to protective orders; to provide for modification, extension, or termina tion of such protective orders; to provide for enforcement of protective orders; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, is amended by striking in its entirety Code Section 15-11-57, which reads as follows:
"15-11-57. On application of a party or on the court's own motion the court make make an order restraining or otherwise controlling the conduct of a person if:
(1) An order of disposition of a delinquent, unruly, or deprived child has been or is about to be made in a proceeding under this chapter;

FRIDAY, FEBRUARY 18, 1983

1297

(2) The court finds that the conduct:
(A) Is or may be detrimental or harmful to the child; and
(B) Will tend to defeat the execution of the order of disposition; and
(3) Due notice of the application or motion and the grounds there for and an opportunity to be heard thereon have been given to the person against whom the order is directed.",
and inserting in lieu thereof a new Code Section 15-11-57 to read as follows:
"15-11-57. (a) On application of a party or on the court's own mo tion, the court may make an order restraining or otherwise controlling the conduct of a person, excluding personnel of the Division of Youth Services within the Department of Human Resources, if an order of dis position of a child has been or is about to be made in a proceeding under this chapter and due notice of the application or motion and the grounds therefor and an opportunity to be heard thereon have been given to the person against whom the order is directed. Such an order may require any such person:
(1) To stay away from the home or the child;
(2) To permit a parent to visit the child at stated periods;
(3) To abstain from offensive conduct against the child, his parent, or any person to whom custody of the child is awarded;
(4) To give proper attention to the care of the home;
(5) To cooperate in good faith with an agency to which custody of a child is entrusted by the court or with an agency or association to which the child is referred by the court;
(6) To refrain from acts of commission or omission that tend to make the home not a proper place for the child;
(7) To ensure that the child attends school pursuant to Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20, relating to compulsory attendance; and
(8) To participate with the child in any counseling or treatment deemed necessary after consideration of employment and other family needs.
(b) After notice and opportunity for hearing afforded to a person subject to a protective order, the order may be modified or extended for a further specified period, or both, or may be terminated if the court finds that the best interests of the child and the public will be served thereby.
(c) Protective orders may be enforced by citation to show cause for contempt of court by reason of any violation thereof and, where protec-

1298

JOURNAL OF THE SENATE

tion of the welfare of the child so requires, by the issuance of a warrant to take the alleged violator into custody and bring him before the court."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Deal Dean Engram Fincher Foster

Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd
Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Tysinger

Those not voting were Senators:

Brannon Brantley Coleman

Coverdell Dawkins English

Trulock Walker

On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker

Barnes Bond

Bowen Broun of 46th

FRIDAY, FEBRUARY 18, 1983

1299

Brown of 47th Burton Coggin Coleman Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris

Harrison Hill Hine Holloway Horton Howard Hudgins Kennedy Kidd Land Lester Littlefield McGill McKenzie

Peevy Perry Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Brantley Bryant

Cobb Coverdell Dawkins

Huggins Phillips

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 260. By Senator Holloway of the 12th:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the size and weight of vehicles and loads, so as to authorize vehicles whose width does not exceed 102 inches on those highways designated by the department; to provide an effective date.

The Senate Committee on Transportation offered the following substitute to SB 260:

A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to size and weight and width of vehicles and loads, so as to authorize vehicles whose width does not exceed 102 inches upon certain highways; to authorize the operation of tractor-semitrailertrailer combinations and semitrailers up to 48 feet in length upon certain highways; to change the weight provisions so as to provide for the enforce ment of the bridge formula for vehicle weights up to 80,000 pounds; to au thorize tandem axles up to 40,680 pounds when the total gross weight of the vehicle and load is under 73,280 pounds; to authorize the Department of Transportation to enter into agreements with the United States Secretary of

1300

JOURNAL OF THE SENATE

Transportation and to promulgate reasonable rules and regulations to ensure the department's compliance with federal vehicular weight and length laws; to exempt from application of the bridge formula for three years those vehi cles registered with the Department of Revenue prior to April 1, 1983; to delete the table in Code Section 32-6-26; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to size and weight and width of vehicles and loads, is amended by striking Code Section 32-6-23, relating to the weight of vehicles and loads, in its entirety and substituting in lieu thereof a new Code Section 32-6-23 to read as follows:
"32-6-23. Unless otherwise provided in this Code section or ex empted in Code Section 32-6-25 or so authorized by a permit issued pur suant to Code Section 32-6-28, no vehicle shall exceed a total outside width, including any load thereon, of 96 inches, not including mirrors and accessories attached thereto provided that buses which do not exceed a width of 102 inches, exclusive of mirrors and accessories attached thereto, may be operated on any street, road, or highway; and provided, further, that, after September 30, 1983, vehicles, excluding buses, with a total outside width, including any load thereon, that do not exceed 102 inches, exclusive of mirrors and accessories attached thereto, shall be al lowed to operate upon all fully limited access highways designed to Na tional System of Interstate and Defense Highways standards and upon any additional road, street, or highway on the State Highway System which the department determines, after an engineering and traffic study, is appropriate for use by such vehicles and on which the department has posted appropriate signs specifying that use by such vehicles is authorized."
Section 2. Said article is further amended by striking Code Section 326-24, relating to length of vehicles and loads, in its entirety and substituting in lieu thereof a new Code Section 32-6-24 to read as follows:
"32-6-24. (a) (1) As used in this article, the terms:
(A) 'Combination of vehicles' means a semitrailer pulled by a truck tractor or a semitrailer and trailer pulled by a truck tractor operat ing in a truck tractor-semitrailer-trailer combination.
(B) 'Semitrailer' shall be defined as a detachable load-carrying unit designed to be attached to a coupling on the rear of a truck tractor by which it is partly supported.
(C) 'Trailer' shall be defined as a detachable load-carrying unit designed to be attached to a coupling at the rear of a semitrailer and capable of support in operation without the truck tractor.
(D) 'Truck tractor' shall be defined as the noncargo carrying power unit that operates in combination with a semitrailer or trailer, ex cept that a truck tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit.
(2) Unless exempted in Code Section 32-6-25 or subsection (b) of

FRIDAY, FEBRUARY 18, 1983

1301

this Code section or so authorized by a permit issued pursuant to Code Section 32-6-28, no vehicle or combination of vehicles or load shall ex ceed a total length of 60 feet and no semitrailer shall exceed 48 feet in length in a truck tractor-semitrailer-combination and no semitrailer or trailer shall exceed 28 feet in length in a truck tractor-semitrailer-trailer combination, except the department shall allow a semitrailer length of no more than 48 feet when operated as a truck tractor-semitrailer combina tion and a semitrailer or trailer length of no more than 28 feet when operated as a truck tractor-semitrailer-trailer combination provided that such vehicles shall only operate upon all fully limited access highways designed to National System of Interstate and Defense Highways stan dards and upon any road, street, or highway on the State Highway Sys tem which the department determines, after an engineering and traffic study, is appropriate for use by such vehicles and on which the depart ment has posted appropriate signs specifying that use by such vehicles is authorized. The department may permit the operation of a semitrailer which exceeds 45 feet in length without highway designation:
(A) If the semitrailer was manufactured prior to July 1, 1980, and the total length of the combination of vehicles is 55 feet or less; or
(B) If the length of the semitrailer is more than 45 feet but not more than 48 feet and the total length of the combination of vehicles does not exceed 55 feet, and the gross weight of the vehicle and its load does not exceed 50,000 pounds.
(3) The length limitations described in this Code section shall be exclusive of safety and energy conservation devices, such as rear view mirrors, turn signal lamps, market lamps, steps and handholds for entry and egress, flexible fender extensions, mudflaps and splash and spray sup pressant devices, load-induced tire bulge, refrigeration units or air com pressors, air deflection and other devices, which the department may in terpret as necessary for safe and efficient operation of commercial motor vehicles, except that no device excluded under this paragraph from the limitations of this Code section shall have by its design or use the capa bility to carry cargo.
(4) Unless exempted in Code Section 32-6-25 or subsection (b) of this Code section or so authorized by a trip permit issued pursuant to Code Section 32-6-28, no load shall be so situated as to extend beyond the front or rear of the vehicle or semitrailer or trailer on which it is carried.
(b) (1) As used in this subsection, the term 'processing plant' means a business engaged in manufacturing poles and pilings for com mercial purposes.
(2) Loads of poles, logs, pilings, lumber, structural steel, timber structural members, piping, and prestressed and precast concrete may ex ceed the length of 60 feet without requiring a permit when they are sin gle length pieces and no pieces are loaded end to end, but a single trip permit shall be required if the total length of such vehicle and load ex ceeds 75 feet. In addition to the single trip permits so required in this paragraph for vehicles exceeding 75 feet in length, an annual permit for

1302

JOURNAL OF THE SENATE

these vehicles may be secured if the motor vehicles are transporting poles and pilings from the woods to the processing plant or transporting poles for utility companies when such poles cannot be readily dismantled or separated.
(3) Vehicles transporting motor vehicles (commonly known as au tomobile carriers) shall not carry a load exceeding 60 feet in length. However, subsection (a) of this Code section, which provides that no trailer shall exceed 45 feet in length, shall not apply to automobile carriers.
(4) Vehicles transporting live poultry shall not carry a load exceed ing 60 feet in length. However, subsection (a) of this Code section, which provides that no trailer shall exceed 45 feet in length, shall not apply to vehicles hauling live poultry."
Section 3. Said article is further amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 32-6-26, relating to weight of vehicle and load, in their entirety and substituting in lieu thereof new paragraphs (1) and (2) to read as follows:
"(1) Except when so authorized by a permit issued pursuant to Code Section 32-6-28, no wheel on any vehicle operated upon any public road of this state equipped with high pressure pneumatic, solid rubber, or cushion tires shall carry a load which exceeds 8,000 pounds by more than 13 percent or an axle load which exceeds 16,000 pounds by more than 13 percent; no wheel equipped with low pressure pneumatic tires shall carry a load which exceeds 9,000 pounds by more than 13 percent or any axle load which exceeds 18,000 pounds by more than 13 percent. An axle load shall be defined as the total load on all wheels whose centers may be included between two parallel transverse vertical planes 40 inches apart. Without regard to any other limitation in this Code section for tandem axle loads, any vehicle or combination of vehicles that is over 55 feet in length shall be limited to a maximum of 34,000 pounds for each set of tandem axles, except that the 34,000 pound tandem axle limitation shall not apply to the exceptions contained in paragraph (2) of subsection (b) of Code Section 32-6-24. If the driver of any vehicle can comply with the requirements of this Code section by shifting the load and does so when requested by the proper authority, the driver shall not be held to be oper ating in violation of this Code section.
(2) (A) Notwithstanding paragraph (1) of this subsection, the maximum total gross weight of any vehicle and load shall not exceed 80,000 pounds, provided the overall gross weight in pounds on a group of two or more consecutive axles shall be as determined by the following formula; however, any axle which can be raised or lowered, with respect to the horizontal plane of the vehicle, either mechanically, hydraulically, by air pressure, or by any other means, shall not be counted, except that axles utilized by vehicles which were manufactured prior to July 1, 1978, as an individual or additional axle when determining gross weights au thorized by the formula.
W = 500 {(LN/N-1) + 12N + 36}
Where W = overall gross weight on any group of two or more consecu-

FRIDAY, FEBRUARY 18, 1983

1303

live axles to the nearest 500 pounds, L = distance in feet between the extreme of any group of two or more consecutive axles, and N = number of axles in group under consideration; except that two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each provided the overall distance between the first and last axles of such consecutive sets of tandem axles is 36 feet or more; provided, further, that the maximum gross weight to be allowed on a tandem axle for a vehicle or combination of vehicles carrying a gross weight of less than 73,280 pounds shall be 40,680 pounds, except that for vehicles and combinations of vehicles ex ceeding 55 feet in length the tandem weight shall be limited to 34,000 pounds. For determining gross weights on a tandem axle, a tandem axle shall be defined as two or more consecutive axles whose centers may be included between parallel vertical planes spaced more than 40 inches and not more than 96 inches apart, extending across the full width of the vehicle.
(B) Subject to the provisions of this article, the department is au thorized, on behalf of the state, to enter into agreements with the United States Secretary of Transportation as provided in Section 127 of Title 23 of the United States Code relating to the control of vehicle weight and width limitations. The department is authorized to take action in the name of the state to comply with the terms of such agreement and to promulgate such rules and regulations necessary to ensure the depart ment's compliance with federal laws and for the issuing of the special permit under this subsection. The department is authorized to reach an agreement with the United States Secretary of Transportation, pursuant to the above and may include in such agreement that any vehicles which were registered with the Department of Revenue prior to April 1, 1983, may be exempt from application of the formula for purposes of determin ing maximum allowable gross weight or combination of axle weights by axle grouping under the formula, provided the total gross weight of such vehicle or combination of vehicles does not exceed 73,280 pounds and such vehicle or combination of vehicles complies with the provisions of paragraph (1) of this subection; provided, further, that such vehicle or combination of vehicles shall be required to obtain a special permit from the department, which shall be nontransferable, for identification pur poses and that such exemption shall terminate on April 1, 1986."
Section 4. Said article is further amended by deleting the table in sub section (a) of Code Section 32-6-26, relating to weight of vehicle and load, in its entirety.
subsection (b) of Code Section 32-6-28, relating to permits for excess weight and dimensions, in their entirety and substituting in lieu thereof new subparagraphs (C) and (D) to read as follows:
"(C) Whose total load length exceeds 75 feet;
(D) Whose total width exceeds 102 inches or whose load width ex ceeds 144 inches; or".
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

1304

JOURNAL OF THE SENATE

Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Holloway of the 12th offered the following amendment:
Amend the substitute to SB 260 offered by the Senate Committee on Transportation as follows:
(1) By deleting in its entirety after the word "no" on line 32 of Page 3 and before the comma on line 34 of Page 3 the words "semitrailer or trailer shall exceed 28 feet in length in a truck-semitrailer-trailer com bination", and inserting in lieu thereof the following:
"truck tractor-semitrailer-trailer combination shall be allowed".
(2) By inserting after the word "vehicles" and before the word "shall" on line 7 of Page 4 the following:
"may exceed 60 feet in length and".
(3) By inserting after the comma and before the word "provided" on line 17 of Page 9 the following:
"and shall be allowed the use as an individual or additional axle, when determining total gross weights, any axle which can be raised or lowered, with respect to the horizontal plane of the vehicle, either mechanically, hydraulically, by air pressure, or by any other means,".
(4) By inserting after line 31 on Page 9 and before line 1 on Page 10 the following:
"Section 5. Said article is further amended by striking subparagraphs (C) and (D) of paragraph (1) of".

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill 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

FRIDAY, FEBRUARY 18, 1983

1305

Broun of 46th Brown of 47th Bryant Burton Cobb Coggm Coleman DDaewalkins
Dean English Engram Fincher
Foster Garner

Gillis Greene Harris Harrison Hine Holloway Horton MHouwggairnds
Kennedy Kidd Land Lester
Littlefield McGill

McKenzie Peevy Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr S0t. umb, augh,
|fte Thompson Timmons Trulock
Tysinger Walker

Voting in the negative were Senators Perry and Turner.

Those not voting were Senators:

Brantley

Hill

Coverdell

Hudgins

On the passage of the bill, the yeas were 50, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 153. By Representatives Jackson, Wood and Lawson of the 9th and others:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Anno tated, relating to definitions with respect to the indemnification of law en forcement officers, firemen, and prison guards, so as to change the definition of the term "fireman".
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes

Bond Bowen Brannon

Broun of 46th Brown of 47th Bryant

1306

JOURNAL OF THE SENATE

Burton Cobb Coggin Coleman Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene

Harris Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield McGill

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Brantley Coverdell

Harrison Thompson

Timmons Trulock

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 141. By Senator Howard of the 42nd:
A bill to amend Code Section 43-34-37 of the Official Code of Georgia An notated, relating to grounds for refusal to grant licenses to practice medicine and grounds for disciplining holders of such licenses, so as to include among these grounds certain conduct relating to amphetamines and sympathomimetic amine drugs or compounds designated as controlled substances.

The Senate Committee on Human Resources offered the following substitute to SB 141:

A BILL TO BE ENTITLED AN ACT
To amend Code Section 43-34-37 of the Official Code of Georgia An notated, relating to grounds for refusal to grant licenses to practice medicine and grounds for disciplining holders of such licenses, so as to include among these grounds certain conduct relating to drugs, treatment, or procedures detrimental to patients and relating to amphetamines and sympathomimetic amine drugs or compounds designated as controlled substances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 43-34-37 of the Official Code of Georgia Anno-

FRIDAY, FEBRUARY 18, 1983

1307

tated, relating to grounds for refusal to grant licenses to practice medicine and grounds for disciplining holders of such licenses, is amended by striking paragraph (7) of subsection (a) thereof and inserting in its place a new par agraph (7) to read as follows:
"(7) Engaged in any unprofessional, unethical, deceptive, or dele terious conduct or practice harmful to the public, which conduct or prac tice need not have resulted in actual injury to any person. As used in this paragraph, the term 'unprofessional conduct' shall include any departure from, or failure to conform to, the minimal standards of acceptable and prevailing medical practice and shall also include, but not be limited to, the prescribing or use of drugs, treatment, or diagnostic procedures which are detrimental to the patient as determined by the minimal stan dards of acceptable and prevailing medical practice or by rule of the board;".
Section 2. Said Code section is further amended by striking from the end of paragraph (12) of subsection (a) the following:
"; or",
and inserting in its place the following:

and by adding immediately thereafter a new paragraph (12.1) to read as follows:
"(12.1) Prescribed, ordered, dispensed, administered, sold, or given any amphetamine, sympathomimetic amine drug or compound desig nated as a Schedule II Controlled Substance under Chapter 13 of Title 16, relating to controlled substances, to or for any person except:
(A) For treatment of any of the following:
(i) Attention deficit disorder;
(ii) Drug induced brain dysfunction;
(iii) Narcolepsy;
(iv) Epilepsy; or
(v) Depression shown to be refractory to other treatment modali ties; or
(B) For differential diagnostic psychiatric evaluation or depression; or
(C) For clinical investigation of the effects of such drugs or com pounds; or
(D) When the applicant or licensee has received from the board a written waiver as to the applicability of the other provisions of this para graph to that applicant or licensee, which waiver may be granted by the board under terms and conditions deemed appropriate by the board but

1308

JOURNAL OF THE SENATE

only if the written request for waiver received by the board contains in formation necessary for the board to determine that the grant of the waiver would legitimize acceptable medical purposes without undermin ing the purposes of this paragraph; or".
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Howard of the 42nd offered the following amendment:
Amend the substitute to SB 141 offered by the Senate Committee on Human Resources by striking from lines 6 through 8 of Page 1 the following:
"and relating to amphetamines and sympathomimetic amine drugs or compounds designated as controlled substances".
By striking lines 4 through 33 of Page 2 and lines 1 through 6 of Page 3.
By striking from line 7 of Page 3 the following:
"Section 3",
and inserting in its place the following:
"Section 2".

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bond Bowen Brannon Broun of 46th Brown of 47th Bryant

Burton Cobb Coggin Coleman Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Hill

Hine Holloway Horton "oward HMuudgggiinnss
Kennedy
Kidd
Littlefield

FRIDAY, FEBRUARY 18, 1983

1309

McGill McKenzie Peevy Perry ,,Ph,.l.l.l.'Ps
Scott of 2nd
Scott of 36th
Scott of 43rd

Starr Stumbaugh Tate Thompson _T,i. mmovns
Turner
Tysinger
Walker

Those not voting were Senators:

Barnes Brantley Coverdell

Harrison Land

Lester Trulock

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 381. By Representatives Thomas of the 69th, Johnson of the 70th, Jackson of the 83rd and others:
A bill to amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and related criminal offenses, so as to provide that a person commits the crime of escape when he fails to return to custody or confinement after having been released on the condition that he will return.
Senate Sponsor: Senator Garner of the 30th.

Senators Scott of the 2nd and Bond of the 39th offered the following amendment:
Amend HB 381 by striking line 26 of Page 1 and inserting in lieu thereof the following:
"will so return; provided, however, such person shall be allowed a grace period of eight hours from the exact time specified for return if such person can prove he did not intentionally fail to return."

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

1310

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 Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Ty singer Walker

Those not voting were Senators:

Barnes Brantley Coverdell

Harrison Land

Lester 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.

SB 239. By Senators Starr of the 44th, Allgood of the 22nd and Barnes of the 33rd:
A bill to amend Code Section 9-10-91 of the Official Code of Georgia Anno tated, relating to grounds for exercise of personal jurisdiction over nonresi dents so as to provide for personal jurisdiction over nonresidents in certain domestic relations cases.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, FEBRUARY 18, 1983

1311

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins English Engram

Foster Gillis Greene Harris Hill Hine Horton Howard Huggins Kennedy Kidd Land Lester Littlefield McGill

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Brantley Coverdell Deal

Dean Fincher Garner Harrison

Holloway Hudgins Scott of 36th 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 House was taken up for the purpose of considering the House action thereon:

HB 140. By Representatives Walker of the 115th, Evans of the 84th and Smyre of the 92nd:
A bill to amend Code Section 10-1-395 of the Official Code of Georgia An notated, relating to the Consumer Advisory Board, so as to provide for new members of the board.

Senator Barnes of the 33rd moved that the Senate recede from the Senate amend ment to HB 140.

1312

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 Barker Barnes Bond Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal English Engram

Fincher Foster Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Brantley Coverdell

Dean Garner Kidd

Stumbaugh Trulock

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 140.

The following general bills and resolution of the Senate and House; favorably re ported by the committee, were read the third time and put upon their passage:

SB 240. By Senators Starr of the 44th, Allgood of the 22nd and Barnes of the 33rd:
A bill to amend Code Section 19-6-1 of the Official Code of Georgia Anno tated, relating to the definition of alimony and when alimony is authorized and how alimony is determined, so as to provide for continuing jurisdiction in the court initially entering an order requiring a party to make periodic payments for child support or alimony.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, FEBRUARY 18, 1983

1313

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal English Engram Fincher Foster

Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Bond Bowen Brantley

Coverdell Dean

Garner Trulock

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 174. By Senators Gillis of the 20th, English of the 21st, Walker of the 19th and others:
A bill to amend Code Section 12-3-10 of the Official Code of Georgia Anno tated, relating to requirements applicable to parks, historic sites, and recrea tional areas under the custody and control of the Department of Natural Resources, so as to establish hours of operation for certain types of boats at certain state park lakes.

Senator Walker of the 19th moved that SB 174 be postponed until Monday, Feb ruary 21.

On the motion, the yeas were 41, nays 0; the motion prevailed, and SB 174 was postponed until Monday, February 21.

1314

JOURNAL OF THE SENATE

SR 83. By Senators Starr of the 44th and Horton of the 17th:
A resolution authorizing the conveyance of certain real property located in Clayton County, Georgia.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brannon Broun of 46th Brown of 47th Bryant CBoubrtbon
Coggin Coleman Dawkins
Deal English Engram

Fincher Foster Gillis Greene Harris Hill Hme Horton HHouwdgairnds
Huggins Kennedy Kidd
Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Q S* tumb. augh,.
T,ate Thompson Timmons
Turner Tysinger Walker

Those not voting were Senators:

Bowen Brantley Coverdell

Dean Garner Harrison

Holloway Scott of 36th Trulock

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 185. By Representatives Colwell and Twiggs of the 4th and Anderson of the 8th:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Appalachian Judicial Circuit, to be composed of the Counties of Fannin, Gilmer and Pickens.
Senate Sponsor: Senator Deal of the 49th.

FRIDAY, FEBRUARY 18, 1983

1315

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal English Engram Fincher

Foster Garner Giilis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Those not voting were Senators:

Lester Littlefield McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Timmons Turner Tysinger Walker

Bond Bowen Brantley Coverdell

Dean Hill McKenzie

Tate Thompson Trulock

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1316

JOURNAL OF THE SENATE

The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:

Secretary of State 214 State Capitol
Atlanta
30334
February 18, 1983
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I am transmitting to you herewith a certified list of those persons who have registered in the Docket of Legislative Appearance for the 1983 Regu lar Session as of 3:00 P.M. on February 18, 1983. The list is numbered 533 through 554.
Sincerely,
/s/ Max Cleland

STATE OF GEORGIA Offfice of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby cer tify that the attached list contains the names and addresses of those persons, numbered 533 through 554, who have registered in the Docket of Legisla tive Appearnce as of February 18, 1983, 3:00 P.M., in accordance with the Georgia Laws 1970, pp. 695, as the same appears of file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and af fixed the seal of my office, at the Capitol, in the City of Atlanta, this 18th day of February, in the year of our Lord One Thousand Nine Hundred and Eighty-Three and of the Independence of the United States of America the Two Hundred and seven.
/s/ Max Cleland Secretary of State

533. Bill Knox Cobb County NAACP 455 Page Street Marietta, Georgia 30060

FRIDAY, FEBRUARY 18, 1983

1317

534. John Park Marston Ga. Hospital Association 3079 Gant Quarters Circle Marietta, Georgia 30067
535. John S. (Trip) Martin III Southern Bell 1556 Old Hunter's Trace Marietta, Georgia 30062
536. Judy Barton Smith Atlanta NAACP 3605 Campbellton Road, S.W. Atlanta, Georgia 30331
537. James Edward Phagan SELF 1714 Hudson Wood Trail Decatur, Georgia 30033
538. Charles E. Tidwell General Motors Corporation 510 E. Ponce de Leon Avenue Decatur, Georgia 30030
539. Julie Childs Junior League of DeKalb County 421 Superior Avenue Decatur, Georgia 30030
540. Rhonda F. Caudell Vocational Placement Services, Inc. 176 Camp Creek Road Lilburn, Georgia 30247
541. Iraida Vigo IMAGE, Inc. 1787 Janjolin Way Conley, Georgia 30027
542. Conrad Sechler Georgia Consumer Finance Association Tucker Federal Savings and Loan Assn. Central Underwriters, Inc. P.O. Box 87 Tucker, Georgia 30085
543. Ford N. Sims General Motors Corporations 2963 Roundtree Troy, Michigan 48084
544. Byron Attridge General Motors Corporation 2500 Trust Company of Ga. Bldg. Atlanta, Georgia 30303

1318

JOURNAL OF THE SENATE

545. Charles E. Key North Georgia Building Trades Council Labor Studies Student Association P.O. Box 572 Jonesboro, Georgia 30237
546. James Alien Langley International Assn. of Machinists Local Lodge 1690 2130 Mt. Zion Road Jonesboro, Georgia 30236
547. Jay Ricketts Apartment Owners and Managers Assn. Fulton County Developers Assn. Scott Hudgens Company 945 Houston Mill Road Atlanta, Georgia 30329
548. Billy J. Baron ABC Home Health Services 6101 Meadowbrook Drive Norcross, Georgia 30093
549. Howard T. Overby Georgia Poultry Federation P.O. Box 636 Gainesville, Georgia 30503
550. Marion G. Davis, Jr. Home Builders Assn. of Ga. 102 Fairfax Street Folkston, Georgia 31537
551. Rev. Timothy McDonald Ebenezer Baptist Church 407 Auburn Avenue, N.E. Atlanta, Georgia 30312
552. Thomas J. Harrold, Jr. Motion Picture Association of America Ga. Petroleum Retailers Pearle Optical Atlanta Chamber of Commerce 1151 W. Nancy Creek Drive Atlanta, Georgia 30319
553. Thomas Wayne D. Bartlett Special Technology and Tactics 690 Virginia Circle Forest Park, Georgia 30050
554. Ed Dunbar Georgia Cable Television, Inc. 5780 Peachtree Dunwoody Road Atlanta, Georgia 30342

FRIDAY, FEBRUARY 18, 1983

1319

Senator Allgood of the 22nd moved that the Senate stand in recess from 12:32 o'clock P.M. until 5:00 o'clock P.M., at which time the Senate would stand adjourned pursuant to HR 223, adopted previously, until 10:00 o'clock A.M. on Monday, Febru ary 21.

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate stood in recess from 12:32 o'clock P.M. until 5:00 o'clock P.M., at which time the Senate stood adjourned pursuant to HR 223, adopted previously, until 10:00 o'clock A.M. on Monday, February 21.

1320

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, February 21, 1983
Thirty-second Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th reported that the Journal of the proceedings of Friday, February 18, had been read and found correct.

Senator Allgood of the 22nd moved that the Senate reconsider its action of Friday, February 18, in adopting the following resolution of the Senate:

SR 86. By Senators Land of the 16th, Lester of the 23rd, Garner of the 30th and others:
A resolution relative to the federal appeals process regarding imposition of the death penalty.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SR 86 was reconsidered and placed at the foot of the Senate Rules Calendar for today.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 483. By Representatives Robinson of the 58th, Aaron of the 56th and Williams of the 54th:
A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of Dekalb County and creating a chair man and board of commissioners of said county, so as to change the provi sions of said amendatory Act relating to the powers and duties of the gov erning authority of Dekalb County.

MONDAY, FEBRUARY 21, 1983

1321

HB 616. By Representative Moody of the 153rd:
A bill to amend an Act creating the Appling County board of commission ers, so as to reflect the selection of a six-member commission by the voters under said 1982 amendatory Act.

HB 642. By Representatives Twiggs and Colwell of the 4th:
A bill to abolish the present mode of compensating the judge of the Probate Court of Towns County, known as the fee system; to provide in lieu thereof an annual salary.

HB 655. By Representatives Auten of the 156th and McVeigh of the 155th:
A bill to amend an Act creating a board of commissioners of Glynn County, so as to change the composition of the election districts from which the members of the board of commissioners are elected.

HB 656. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to amend an Act creating a new board of education of Jones County, so as to change the compensation of the chairman and members of the board.

HB 673. By Representatives Wood, Lawson and Jackson of the 9th:
A bill to amend an Act creating the Etowah Water and Sewer Authority, so as to change the qualifications necessary for election to membership on the authority; to change the provisions relative to the filling of vacancies on the authority.

HB 674. By Representatives Wood, Lawson and Jackson of the 9th:
A bill to amend an Act creating a board of commissioners for Hall County, so as to authorize certain expense allowances for members of said board.

HB 532. By Representative Murphy of the 18th:
A bill to amend Code Section 20-2-250 of the Official Code of Georgia An notated, relating to capital outlay funds for educational facilities, so as to provide that projections of average daily attendance shall include nonresi dent pupils whether or not such nonresident pupils attend school pursuant to a contract between local units of administration.

HB 620. By Representatives Murphy of the 18th and Karrh of the 109th:
A bill to amend Code Section 15-11-4.1 of the Official Code of Georgia Annotated, relating to training seminars for judges and referees exercising juvenile court jurisdiction, so as to change the provisions relating to superior court judges.

1322

JOURNAL OF THE SENATE

HB 219. By Representative Johnson of the 72nd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide minimum funding standards for retirement or pension systems for employees and officials of the State of Georgia and its political subdivisions.

HB 365. By Representatives Home of the 103rd, Dunn of the 73rd, Isakson of the 21st and others:
A bill to amend an Act entitled "An Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens," so as to change the effective date.

HB 441. By Representatives Williams of the 6th, Collins of the 144th, Kilgore of the 42nd and others:
A bill to amend Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to state aid to local systems, so as to authorize a program of grants of state funds to local systems to alleviate financial burdens which may be imposed by alteration of the method of taxation of financial institutions.

HB 580. By Representatives Chambless of the 133rd, Snow of the 1st, Home of the 103rd and others:
A bill to amend Chapter 2 of Title 15 of the Official Code of Georgia Anno tated, relating to the Supreme Court, so as to provide that the Supreme Court may extend its terms by rule or order.

HB 581. By Representatives Chambless of the 133rd, Snow of the 1st, Karrh of the 109th and others:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Anno tated, relating to general provisions for courts, so as to provide the circum stances and procedures for the exercise of judicial powers by judges outside their own court upon the disqualification, disability, illness, or absence of a resident judge of a court or upon a request for temporary assistance.

HB 627. By Representative Marcus of the 26th:
A bill to amend Code Section 3-8-1 of the Official Code of Georgia Anno tated, relating to the regulation and taxation of the sale and storage of alco holic beverages at airports owned and operated by counties or municipali ties, so as to authorize the issuance of licenses for and the sale, storage, and distribution of alcoholic beverages within the boundaries of airports owned or operated or both by counties or municipalities.

MONDAY, FEBRUARY 21, 1983

1323

HB 633. By Representatives Coleman of the 118th, Walker of the 115th and Murphy of the 18th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Anno tated, relating to the Department of Public Safety, so as to change the com position of the Board of Public Safety.

HB 638. By Representative Wilson of the 20th:
A bill to amend Code Section 28-2-1, relating to apportionment of the House of Representatives and qualifications of its members, so as to change the composition of certain state representative districts.

HB 647. By Representatives Burruss of the 20th, Murphy of the 18th, Russell of the 64th and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to the General Assembly, so as to provide for the method for determining the permanent disability of the Speaker of the House of Representatives.

The House has adopted by the requisite constitutional majority the following reso lutions of the House:

HR 145. By Representatives Colwell of the 4th, Dobbs of the 74th, Cox of the 141st and others:
A resolution to adopt and ratify a temporary state plan of operation devel oped by the Department of Administrative Services in conformity with Sec tion 203 (j) (4) (A) of the Federal Property and Administrative Services of 1949, as amended by Section 1 of Public Law 94-519, to serve as a perma nent plan for the operation of the Federal Surplus Property Program in this state.

HR 220. By Representative Bolster of the 30th:
A resolution authorizing and empowering the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Atlanta an easement over, under, across, and through certain prop erty owned by the State of Georgia and located in Fulton County, Georgia, for the construction, installation, operation, maintenance, repair, improve ment, and replacement of sewerage and drainage system improvements to be built over, under, across, or through such state owned properties.

1324

JOURNAL OF THE SENATE

The House has passed by the requisite constitutional majority the following bill of the Senate:

SB 168. By Senator McKenzie of the 14th:
A bill to amend an Act creating a board of commissioners for Macon County, as amended, so as to change the compensation of the chairman and other members of the board of commissioners of Macon County.

The House has agreed to the Senate substitute to the following bill of the House:

HB 318. By Representative Lane of the 27th:
A bill to amend Article 4 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to vehicles of nonresident students, so as to ex empt residents of states which are members of the Multistate Reciprocity Agreement from the requirement of registering their vehicles in this state.

The House has adopted by the requisite constitutional majority the following reso lution of the House:

HR 91. By Representatives Collins of the 144th, Phillips of the 120th, Crosby of the 150th and others:
A resolution proposing an amendment to the Constitution so as to levy a special 1 percent retail sales and use tax for educational purposes; to provide for distribution of the proceeds of such tax.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 566. By Representatives Walker of the 115th, Evans of the 84th, Phillips of the 120th and others:
A bill to amend Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated known as the "Georgia State Financing and Investment Commission Act," so as to enable the use of guaranteed revenue bonds to finance local water and sewer projects through a special purpose state authority.

HB 567. By Representatives Walker of the 115th, Evans of the 84th, Phillips of the 120th and others:
A bill to amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to revise extensively the provisions relating to the Georgia Development Authority.

MONDAY, FEBRUARY 21, 1983

1325

HB 648. By Representatives Adams of the 36th and Robinson of the 58th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to change the construction, completion, and operation priority of portions of the Authority's rapid rail system.

HB 645. By Representatives Byrd of the 153rd, Watson of the 114th and Kilgore of the 42nd:
A bill to amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to retail installment and home solicitation sales, so as to provide that a retail installment contract may provide for a fee to be charged to a buyer who submits a check, draft, or order for the payment of money which is dishonored by the drawee.

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 292. By Senator Land of the 16th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to require persons who have been convicted of operating a motor vehicle while under the influence of alcohol or drugs to obtain and maintain motor vehicle insurance at higher coverage amounts for a certain time period.
Referred to Committee on Insurance.

SB 293. By Senator McGill of the 24th:
A bill to amend an Act entitled "An Act to incorporate the city of Crawford; to define its limits; to provide for its government; to define its rights and liabilities; to provide for the issuance of bonds for school and other mu nicipal improvements, and for other purposes.", as amended, so as to change the terms of the mayor and councilman; to provide for a change in the elections.
Referred to Committee on Federal, State and Community Affairs.

SR 132. By Senator Engram of the 34th:
A resolution creating the Peace Officers' Annuity and Benefit Fund Study Committee.
Referred to Committee on Retirement.

1326

JOURNAL OF THE SENATE

The following bills and resolutions of the House were read the first time and re ferred to committees:

HB 219. By Representative Johnson of the 72nd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide minimum funding standards for retirement or pension systems for employees and officials of the State of Georgia and its political subdivisions.
Referred to Committee on Retirement.

HB 365. By Representatives Home of the 103rd, Dunn of the 73rd, Isakson of the 21st and others:
A bill to amend an Act entitled "An Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens," so as to change the effective date.
Referred to Committee on Judiciary.

HB 441. By Representatives Williams of the 6th, Collins of the 144th, Kilgore of the 42nd and others:
A bill to amend Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to state aid to local systems, so as to authorize a program of grants of state funds to local systems to alleviate financial burdens which may be imposed by alteration of the method of taxation of financial institutions.
Referred to Committee on Banking and Finance.

HB 532. By Representative Murphy of the 18th:
A bill to amend Code Section 20-2-250 of the Official Code of Georgia An notated, relating to capital outlay funds for educational facilities, so as to provide that projections of average daily attendance shall include nonresi dent pupils whether or not such nonresident pupils attend school pursuant to a contract between local units of administration.
Referred to Committee on Education.

HB 566. By Representatives Walker of the 115th, Evans of the 84th, Phillips of the 120th and others:
A bill to amend Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated known as the "Georgia State Financing and Investment Commission Act," so as to enable the use of guaranteed revenue bonds to finance local water and sewer projects through a special purpose state authority.
Referred to Committee on Natural Resources and Environmental Quality.

MONDAY, FEBRUARY 21, 1983

1327

HB 567. By Representatives Walker of the 115th, Evans of the 84th, Phillips of the 120th and others:
A bill to amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to revise extensively the provisions relating to the Georgia Development Authority.
Referred to Committee on Natural Resources and Environmental Quality.

HB 580. By Representatives Chambless of the 133rd, Snow of the 1st, Home of the 103rd and others:
A bill to amend Chapter 2 of Title 15 of the Official Code of Georgia Anno tated, relating to the Supreme Court, so as to provide that the Supreme Court may extend its terms by rule or order.
Referred to Committee on Judiciary and Constitutional Law.

HB 581. By Representatives Chambless of the 133rd, Snow of the 1st, Karrh of the 109th and others:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Anno tated, relating to general provisions for courts, so as to provide the circum stances and procedures for the exercise of judicial powers by judges outside their own court upon the disqualification, disability, illness, or absence of a resident judge of a court or upon a request for temporary assistance.
Referred to Committee on Judiciary.

HB 620. By Representatives Murphy of the 18th and Karrh of the 109th:
A bill to amend Code Section 15-11-4.1 of the Official Code of Georgia Annotated, relating to training seminars for judges and referees exercising juvenile court jurisdiction, so as to change the provisions relating to superior court judges.
Referred to Committee on Children and Youth.

HB 627. By Representative Marcus of the 26th:
A bill to amend Code Section 3-8-1 of the Official Code of Georgia Anno tated, relating to the regulation and taxation of the sale and storage of alco holic beverages at airports owned and operated by counties or municipali ties, so as to authorize the issuance of licenses for and the sale, storage, and distribution of alcoholic beverages within the boundaries of airports owned or operated or both by counties or municipalities.
Referred to Committee on Banking and Finance.

HB 633. By Representatives Coleman of the 118th, Walker of the 115th and Murphy of the 18th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Anno tated, relating to the Department of Public Safety, so as to change the com position of the Board of Public Safety.
Referred to Committee on Public Safety.

1328

JOURNAL OF THE SENATE

HB 638. By Representative Wilson of the 20th:
A bill to amend Code Section 28-2-1, relating to apportionment of the House of Representatives and qualifications of its members, so as to change the composition of certain state representative districts.
Referred to Committee on Governmental Operations.

HB 645. By Representatives Byrd of the 153rd, Watson of the 114th and Kilgore of the 42nd:
A bill to amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to retail installment and home solicitation sales, so as to provide that a retail installment contract may provide for a fee to be charged to a buyer who submits a check, draft, or order for the payment of money which is dishonored by the drawee.
Referred to Committee on Industry and Labor.

HB 647. By Representatives Burruss of the 20th, Murphy of the 18th, Russell of the 64th and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to the General Assembly, so as to provide for the method for determining the permanent disability of the Speaker of the House of Representatives.
Referred to Committee on Rules.

HB 648. By Representatives Adams of the 36th and Robinson of the 58th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to change the construction, completion, and operation priority of portions of the Authority's rapid rail system.
Referred to Committee on Transportation.

HB 483. By Representatives Robinson of the 58th, Aaron of the 56th and Williams of the 54th:
A bill to amend an Act revising, superseding and consolidating the laws relating to the governing authority of DeKalb County and creating a chair man and board of commissioners of said county, so as to change the provi sions of said amendatory Act relating to the powers and duties of the gov erning authority of DeKalb County.
Referred to Committee on Federal, State and Community Affairs.

HB 616. By Representative Moody of the 153rd:
A bill to amend an Act creating the Appling County board of commission ers, so as to reflect the selection of a six-member commission by the voters under said 1982 amendatory Act.
Referred to Committee on Federal, State and Community Affairs.

MONDAY, FEBRUARY 21, 1983

1329

HB 642. By Representatives Twiggs and Colwell of the 4th:
A bill to abolish the present mode of compensating the judge of the Probate Court of Towns County, known as the fee system; to provide in lieu thereof an annual salary.
Referred to Committee on Federal, State and Community Affairs.

HB 655. By Representatives Auten of the 156th and McVeigh of the 155th:
A bill to amend an Act creating a board of commissioners of Glynn County, so as to change the composition of the election districts from which the members of the board of commissioners are elected.
Referred to Committee on Federal, State and Community Affairs.

HB 656. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to amend an Act creating a new board of education of Jones County, so as to change the compensation of the chairman and members of the board.
Referred to Committee on Federal, State and Community Affairs.

HB 673. By Representatives Wood, Lawson and Jackson of the 9th:
A bill to amend an Act creating the Etowah Water and Sewer Authority, so as to change the qualifications necessary for election to membership on the authority; to change the provisions relative to the filling of vacancies on the authority.
Referred to Committee on Federal, State and Community Affairs.

HB 674. By Representatives Wood, Lawson and Jackson of the 9th:
A bill to amend an Act creating a board of commissioners for Hall County, so as to authorize certain expense allowances for members of said board.
Referred to Committee on Federal, State and Community Affairs.

HR 91. By Representatives Collins of the 144th, Phillips of the 120th, Crosby of the 150th and others:
A resolution proposing an amendment to the Constitution so as to levy a special 1 percent retail sales and use tax for educational purposes; to provide for distribution of the proceeds of such tax.
Referred to Committee on Banking and Finance.

HR 145. By Representatives Colwell of the 4th, Dobbs of the 74th, Cox of the 141st and others:
A resolution to adopt and ratify a temporary state plan of operation devel oped by the Department of Administrative Services in conformity with Sec tion 203 (j) (4) (A) of the Federal Property and Administrative Services of 1949, as amended by Section 1 of Public Law 94-519, to serve as a perma-

1330

JOURNAL OF THE SENATE

nent plan for the operation of the Federal Surplus Property Program in this state.
Referred to Committee on Federal, State and Community Affairs (General).

HR 220. By Representative Bolster of the 30th:
A resolution authorizing and empowering the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Atlanta an easement over, under, across and through certain prop erty owned by the State of Georgia and located in Fulton County, Georgia, for the construction, installation, operation, maintenance, repair, improve ment, and replacement of sewerage and drainage system improvements to be built over, under, across, or through such state owned properties.
Referred to Committee on Federal, State and Community Affairs (General).

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 75. Do pass. HB 555. Do pass.
Respectfully submitted,
Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendation:
HB 636. Do pass.
Respectfully submitted,
Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

MONDAY, FEBRUARY 21, 1983

1331

SB 286. Do pass by substitute. Respectfully submitted, Senator Howard of the 42nd District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 212. By Senators Garner of the 30th and Barnes of the 33rd:
A bill to amend Code Section 43-34-1 of the Official Code of Georgia Anno tated, relating to the practice of naturopathy, so as to change the provisions and definition relating to the practice of naturopathy; to provide an effective date.

SB 241. By Senator Stumbaugh of the 55th:
A bill to amend Code Section 33-6-5 of the Official Code of Georgia Anno tated, relating to unfair methods of competition and unfair and deceptive acts or practices, so as to provide that no insurance company, when selling salvage motor vehicles, major component parts, or parts, shall sell to a used motor vehicle parts dealer, motor vehicle dismantler, motor vehicle rebuilder, salvage pool dealer, or salvage dealer who is not licensed under Chapter 48 of Title 43.

SB 270. By Senator Lester of the 23rd:
A bill to amend Code Section 7-3-9 of the Official Code of Georgia Anno tated, relating to the investigation of applications for licenses under the "Georgia Industrial Loan Act," so as to change the provisions relative to hearings.

SB 273. By Senator Kidd of the 25th:
A bill to provide for the appointment of the chief magistrate and other mag istrates of the Magistrate Court of Jones County; to provide for terms of office.

SB 274. By Senator Kidd of the 25th:
A bill to amend an Act placing the judge of the Probate Court of Baldwin County upon an annual salary, as amended, so as to change the provisions relating to the compensation of the judge of the probate court.

SB 275. By Senator Kidd of the 25th:
A bill to amend an Act creating a new board of commissioners of Jones County, as amended, so as to provide for the election of board members from districts.

1332

JOURNAL OF THE SENATE

SB 276. By Senator Kidd of the 25th:
A bill to provide for the appointment of the chief magistrate and other mag istrates of the Magistrate Court of Hancock County; to provide for terms of office.

SB 277. By Senators Gillis of the 20th, Kennedy of the 4th and Walker of the 19th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to authority and procedure for state purchasing, so as to provide for preferential treatment of domestic lumber products in the awarding of public works contracts by the state and its boards, departments, institutions, and political subdivisions.

SB 278. By Senators Harrison of the 37th, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner of Cobb County, as amended, so as to change the provisions relating to the compen sation of the tax commissioner and his chief clerk.

SB 279. By Senators Harrison of the 37th, Brantley of the 56th and Thompson of the 32nd:
A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, as amended, so as to change the boundaries of the seven education districts; to provide for applicability.

SB 280. By Senators Harrison of the 37th, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, as amended, so as to change the provisions relating to the compensation of the chairman and other mem bers of the board of eduation.

SB 282. By Senator Barnes of the 33rd:
A bill to amend Code Section 36-62-2 of the Official Code of Georgia Anno tated, relating to definitions concerning development authorities, so as to change the definition of the term "project" whenever used in connection with hotel and motel facilities; to provide an effective date.

SB 283. By Senator Hudgins of the 15th:
A bill to amend Chapter 4 of Title 7 of the Official Code of Georgia Anno tated, relating to interest and usury, so as to provide that a claim of viola tion on any loan secured by an interest in real estate may be asserted in an individual action only and may not be the subject of a class action.

MONDAY, FEBRUARY 21, 1983

1333

SR 111. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A resolution authorizing and empowering the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the Resource Recovery Development Authority for the City of Savannah, its successors and assigns, an easement over, under, across, and through certain property owned or claimed by the State of Georgia and located in Chatham County.

SR 112. By Senator Howard of the 42nd:
A resolution authorizing the conveyance of certain real property located in Glynn County, Georgia, to Mrs. Margaret Burke White.

SR 114. By Senator Hudgins of the 15th: A resolution creating the Lower Chattahoochee River Study Committee.

SR 121. By Senators Howard of the 42nd and Kidd of the 25th:
A resolution directing the Composite State Board of Medical Examiners to develop and adopt appropriate rules and regulations relating to the abuse of amphetamines and amphetamine-like drugs.

HB 44. By Representative Bray of the 91st:
A bill to amend Article 3 of Title 11 of the Official Code of Georgia Anno tated, relating to commercial paper, so as to change the provisions relating to payment or satisfaction; to provide for defenses against the assignee of a negotiable note.

HB 71. By Representatives Johnson, Benefield and Lee of the 72nd and Isakson of the 21st:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real-estate brokers and salespersons, so as to change certain provisions relating to real-estate license fees.

HB 179. By Representatives Jackson and Wood of the 9th:
A bill to amend Code Section 33-24-50 of the Official Code of Georgia An notated, relating to action as sureties upon guaranteed arrest bond certifi cates by insurance companies, so as to authorize domestic or foreign insur ance companies, fidelity insurance companies, or surety companies to contract to become sureties on guaranteed arrest bond certificates issued by trucking clubs or associations.

HB 188. By Representative Greer of the 39th:
A bill to amend Code Section 14-2-141 of the Official Code of Georgia An notated, relating to the number of directors of a corporation, so as to change the number of directors required for a corporation.

1334

JOURNAL OF THE SENATE

HB 250. By Representatives Ginsberg of the 122nd, Mullinax of the 81st, Aaron of the 56th and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, the "Employment Security Law," so as to increase the maximum weekly benefit amount from $115.00 to $125.00.

HB 286. By Representative Ware of the 77th:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Anno tated, relating to fees and taxes, so as to provide for an increase in fees.

HB 308. By Representatives Logan of the 67th, Murphy of the 18th, Williams of the 6th and others:
A bill to amend Subpart 5A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to North Georgia Col lege military scholarships, so as to provide that a student may meet the terms of a scholarship by accepting a regular army commission and serving in the United States Army upon concurrence by the Georgia Army National Guard.

HB 347. By Representatives Buck of the 95th, Lambert of the 66th, Pinkston of the 100th and others:
A bill to amend Chapter 35 of Title 33 of the Official Code of Georgia Annotated, relating to prepaid legal services plans, so as to authorize insur ance companies authorized to transact life or accident and sickness insur ance in this state to write prepaid legal services plans.

HB 357. By Representative Watson of the 114th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Anno tated, relating to motor carriers, so as to change the provisions relating to temporary emergency authority to operate as a motor common carrier.

HB 408. By Representatives Lee, Benefield and Bailey of the 72nd and others:
A bill to provide that the tax commissioner of Clayton County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Clayton County to reimburse the county for the cost of collecting school taxes.

HB 428. By Representatives Isakson of the 21st and Pinkston of the 100th:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Authority Act," so as to change the membership of the authority.

MONDAY, FEBRUARY 21, 1983

1335

HB 432. By Representatives Pinkston of the 100th, Buck of the 95th and Groover of the 99th:
A bill to amend Article 6 of Chapter 3 of Title 20, known as the "Private Colleges and Universities Facilities Authority Act," so as to change the short title.

HB 447. By Representatives Moody of the 153rd, Branch of the 137th, Moore of the 139th and others:
A bill to amend Code Section 27-2-23 of the Official Code of Georgia Anno tated, relating to license, permit, and stamp fees, so as to reduce the sea sonal resident commercial fishing license to $10.00.

HB 477. By Representatives Jackson of the 9th, McDonald of the 12th, Milford of the 13th and others:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to define the term "private carrier".

HB 504. By Representatives Thompson and Darden of the 20th:
A bill to amend Code Section 44-14-3 of the Official Code of Georgia Anno tated, relating to furnishing of cancellation of indebtedness by grantee upon payment and civil penalty for failure to comply and liability of agents, so as to define the term "revolving loan account".

HB 575. By Representatives Parham of the 105th and Lord of the 107th:
A bill to amend an Act providing for the election of members of the board of education of Baldwin County, so as to delete certain provisions regarding compensation and expenses of the board.

HB 577. By Representative Barnett of the 10th:
A bill to amend an Act creating a board of commissioners of Forsyth County, so as to change the composition of the districts from which the members of the board are elected.

HB 578. By Representative Barnett of the 10th:
A bill to change the composition of the districts from which members of the board of education of Forsyth County are elected.

HB 587. By Representatives Jackson, Wood and Lawson of the 9th:
A bill to provide for and describe boundaries for the districts for the Board of Education of the Hall County School District.

1336

JOURNAL OF THE SENATE

HB 595. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act placing the clerk of the superior court of Rabun County on an annual salary, so as to change the compensation of the clerk of the superior court.

HB 601. By Representatives Brown of the 154th and Chance of the 129th:
A bill to abolish the present mode of compensating the judge of the Probate Court of Liberty County, known as the fee system; to provide in lieu thereof an annual salary.

HB 621. By Representatives Chambless of the 133rd, Young of the 134th, Balkcom of the 140th and White of the 132nd:
A bill to amend an Act placing certain county officers of Dougherty County upon an annual salary, so as to provide for county supplements to the sher iff, clerk of the superior court, and judge of the probate court of Dougherty County.

HR 14. By Representatives Lawson, Jackson and Wood of the 9th:
A resolution authorizing the conveyance of certain state owned real property located in Dawson County.

HR 64. By Representative Mostiler of the 75th:
A resolution authorizing and empowering the State of Georgia, acting by and through its Department of Human Resources, to sell and convey by quitclaim deed all of its rights, title, and interests in and to all or any por tion or portions of a certain tract of property situated in Spalding County, Georgia.

HR 66. By Representative Reaves of the 147th:
A resolution authorizing the conveyance of certain state owned real property located in Brooks County, Georgia.

HR 76. By Representatives Colwell of the 4th and Johnson of the 72nd:
A resolution authorizing the leasing of certain state owned property located in the City of Atlanta, Fulton County, Georgia.

HR 107. By Representative Jones of the 78th:
A resolution authorizing the conveyance of an estate for years in certain real property located in Butts County, Georgia, to the City of Jackson, Georgia.

MONDAY, FEBRUARY 21, 1983

1337

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 266. By Senator Bowen of the 13th:
A bill to amend an Act creating a new charter for the City of Pinehurst, so as to change the provisions relating to the election of the mayor and city council.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 322. By Representatives Richardson of the 52nd, Williams of the 48th, Redding of the 50th and others:
A bill to amend an Act creating and establishing a new charter and munici pal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, State of Georgia, so as to change the corporate limits of the City of Decatur, Georgia.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 443. By Representatives Cox of the 141st and Long of the 142nd:
A bill to amend an Act creating the State Court of Decatur County, so as to change the compensation provisions relating to the judge of said court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1338

JOURNAL OF THE SENATE

HB 515. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Tift County, so as to authorize the board of commissioners of Tift County to fix the salary of the chairman of the board of commissioners of Tift County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 539. By Representatives Wood, Lawson and Jackson of the 9th:
A bill to amend an Act creating a new charter for the City of Flowery Branch, so as to increase the maximum fine which may be imposed by the Mayor's Court of the City of Flowery Branch.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 540. By Representative Reaves of the 147th:
A bill to amend an Act authorizing the governing authority of Brooks County to establish special fire protection districts, so as to limit the amount of property which shall be subject to the special tax.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 562. By Representative Collins of the 144th:
A bill to amend an Act incorporating the City of Sale City in Mitchell County, so as to change the terms of and procedures for election of the mayor and councilmen.

MONDAY, FEBRUARY 21, 1983

1339

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 563. By Representatives Benefield, Bailey, Lee, Johnson and Holcomb of the 72nd:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the provisions relating to meetings; to change the method of selecting the vice-chairman; define the duties and powers of the chairman and 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 564. By Representatives Clark and Milford of the 13th:
A bill to amend an Act creating a new charter for the City of Winterville, so as to change certain provisions relating to the police court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 262. By Senator Kidd of the 25th:
A bill to provide for the appointment of the chief magistrate and other mag istrates of the Magistrate Court of Baldwin County; to provide for terms of office; to provide for the appointment of other court personnel; to provide for rilling vacancies.

1340

JOURNAL OF THE SENATE

The Senate Committee on Federal, State and Community Affairs offered the fol lowing amendment:
Amend SB 262 by striking on Page 3, line 1, the word "annually" and inserting in lieu thereof the word "monthly".

On the adoption of the amendment, the yeas were 49, 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The President called for the morning roll call, and the following Senators an swered to their names:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th
Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison u' rime Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Senator Perry of the 7th introduced the chaplain of the day, Reverend Jim E. Perry, pastor of the First Methodist Church, Nashville, Georgia, who offered scripture
reading and prayer.

MONDAY, FEBRUARY 21, 1983

1341

The following resolutions of the Senate were read and adopted:

SR 134. By Senators Hill of the 29th, Cobb of the 28th, Garner of the 30th and others:
A resolution urging the Congress of the United States to plan an appropri ate celebration of the two hundredth anniversary of the Constitution of the United States.

SR 135. By Senator Bond of the 39th: A resolution commending Mrs. Alice Browner.

HB 474
HB 371
SB 246
SB 272 SB 172 SR 91
HB 401 HB 430
HB 242 HB 353 HB 212
SB 186
HB 77
HB 25
SB 158
SB 261

SENATE RULES CALENDAR
Monday, February 21, 1983
THIRTY-SECOND LEGISLATIVE DAY
Revenue Shortfall Reserve--General Assembly appropriate $5 million for 1983 (App--44th)
Jekyll Island State Park Authority--provisions for fire department op erated by (Gov Op--6th)
Council of Juvenile Court Judges--receive legal, social case informa tion on children (SUBSTITUTES) (C&Y--15th)
Domestic Relations--establish children's policy (C&Y--15th)
Stolen Property--provisions for return to rightful owner (Judy--23rd)
Small Businesses--subcommittee study governmental contract mat ters (SUBSTITUTE) (ED&T--40th)
Livestock Dealers, Brokers, Packers--regulation (Ag--24th)
Tallapoosa Judicial Circuit Superior Courts--change terms (Judy--31st)
Local Government Investment Pool--utilize (FS&CA-G -- 12th)
Heritage Trust Commission--extend until 7/1/88 (NREQ--20th)
Sheriffs' Retirement Fund Board of Commissioners -- additional member (Ret--8th) Extraordinary Life-Sustaining Procedures--authorize discontinuance (J&CL--26th)
Vehicle Equipment Safety Compact--Georgia party state (Trns--12th) Director of Veterans Services--change to Commissioner of Veterans Services (Judy--49th)
Civil Actions--time during which actions may be dismissed (SUB STITUTE) (J&CL--6th) Bingo--city, county adopt ordinance authorizing operation for non profit (Gov Op--25th)

1342

JOURNAL OF THE SENATE

SB 108 HB 27 HB 28 HB 29 SB 268 HB 134 HB 30 SB 101 HB 33 HB 31 SB 258 HB 32 HB 314 SB 248 HB 35 HB 329 SB 223 SB 174 SR 86

Convicted Felon Sentenced to 3 or More Years--deny appeal bonds (AMENDMENT) (Judy--19th)
Secretary of State Corporations--number of directors (Judy--49th)
Elections--additional exceptions to right to register, vote (Judy--49th)
Election Returns--superintendent file four copies of consolidated re turns (Judy--49th)
Return of Driver's License, Tag Registration--restoration fee (Pub Saf--46th)
State Department Purchases--change dollar limit (Gov Op--33rd)
Laws and Joint Resolutions--provide for publication (SUBSTI TUTE) (Judy--49th)
Abandoned Motor Vehicles--change provisions on unattended, aban doned (SUBSTITUTE) (Judy--35th)
General Assembly Members--oath of office (SUBSTITUTE) (Judy--49th)
Reward for First Commercial Oil Well--required amount of oil per day (Judy--49th)
Person Bitten by Animal Suspected Rabid--notify rabies control of ficer (J&CL--48th)
Elections--eligibility requirements for state officeholders (AMEND MENT) (Judy--49th)
State, Superior Court Judge, Court of Appeals Judge -- election (SUBSTITUTE) (Gov Op--25th)
Campaign Contribution Public Disclosure--redefine expenditure (Gov Op--25th)
Run-Off Primary, Election--those entitled to vote (Judy--49th)
Department of Natural Resources--enter into reciprocity agreements with certain states on hunting (NREQ--20th)
Driving with License Revoked for Certain Convictions -- penalty (SUBSTITUTE) (J&CL--16th)
Little Ocmulgee and Magnolia Springs Lakes--boat operation hours (NREQ--19th)
Imposition of Death Penalty--relative to federal appeals process (Judy--16th)

Respectfully submitted,
/s/ Dean of the 31st, Chairman Senate Rules Committee

MONDAY, FEBRUARY 21, 1983

1343

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

HB 474. By Representatives Murphy of the 18th, Walker of the 115th, Smyre of the 92nd and Evans of the 84th:
A bill to amend Code Section 45-12-93 of the Official Code of Georgia An notated, relating to the revenue shortfall reserve and midyear adjustment reserve, so as to authorize the General Assembly of Georgia to appropriate $5 million for State Fiscal Year 1983 from the revenue shortfall reserve.
Senate Sponsor: Senator Starr of the 44th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Lester

Littlefield McGill Peevy
Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen

Broun of 46th Land

McKenzie Timmons

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1344

JOURNAL OF THE SENATE

HB 371. By Representatives Coleman of the 118th and Colwell of the 4th:
A bill to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Jekyll Island--State Park Authority Act," so as to provide that any fire department operated by the authority shall have the powers of a fire department of a county, municipality, or other political subdivision.
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 Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins
Deal Dean English Engram

Fincher Foster Garner
Gillis
Greene Harris Harrison Hill Mine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

Littlefield McGill
Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker

Broun of 46th

McKenzie

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 21, 1983

1345

SB 246. By Senators Hudgins of the 15th, Bond of the 39th, Tate of the 38th and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the Council of Juvenile Court Judges may receive legal or social case information on children.

The Senate Committee on Children and Youth offered the following substitute to SB 246:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, so as to provide that the Council of Juvenile Court Judges may receive legal or social case information on chil dren; to provide a manner in which such information is to be submitted; to provide that the council may disburse data from its files to courts requesting prior juvenile court histories on specific children; to provide that juvenile courts may submit juvenile court histories to superior courts in certain in stances; to provide that the council may supply statistical information to certain groups; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, is amended by adding at the end of Code Section 15-11-4, relating to the Council of Juvenile Court Judges, a new subsection, to be designated subsection (c), to read as follows:
"(c) (1) The council may establish a state-wide system for providing individuals' prior juvenile court histories to juvenile and superior courts for the sole purpose of ensuring effective rehabilitation, sentencing, su pervision, and treatment of juveniles and adults. The council, through its presiding judge and executive director, shall ensure that information on individuals disseminated is used solely for these purposes. It is the ex press intent of the General Assembly that individuals' prior juvenile court histories shall not be used for investigatory purposes.
(2) For purposes of this subsection, the term:
(A) 'Legal case information' means information related to the peti tion and the adjudicatory and dispositional order of the court.
(B) 'Prior juvenile case history' means legal and social case informa tion gathered on a person as a result of referrals to juvenile courts in which the child's name or the names of those members of his family are included.
(C) 'Social case information' means information on the education, mental health, physical health, and social and economic status of the child and his family which is not directly related to the adjudication of the case.

1346

JOURNAL OF THE SENATE

(3) The council may receive legal or social case information from juvenile courts for the purpose of compiling and maintaining a state-wide data base on juveniles referred to juvenile court. Juvenile courts shall submit case information to the council, through their clerks, in a timely fashion and in a manner and form prescribed by the Council of Juvenile Court Judges.
(4) The council may provide to individual juvenile courts, upon re quest, data from any or all juvenile courts on children's prior juvenile court legal or social case information for the purposes of making intake decisions and appropriate dispositions of current cases. Such state-wide information shall be requested from the council only by officers of the court designated by the chief judge and approved by the council's execu tive director. Each officer, thus approved, shall be given a unique identi fier which shall be registered in a log kept by the council and which must be used in requesting information. Officers of the court who may be ap proved to request such information are limited to the judge, the clerk of the court or his employees, a court employed intake or probation officer, or a court service worker assigned to provide probation or intake services to the court. Unique identifiers shall be changed periodically and when ever employees of the council authorized to release state-wide juvenile records are terminated. The juvenile court may also provide legal infor mation relating to prior juvenile court histories, excluding information on children's cases informally adjusted or dismissed, to the superior court of that county, upon the request of the superior court judge, for the exclu sive purpose of determining the sentence of an adult offender. The re quest for such information may be made in writing only by the superior court judge or a probation officer of the superior court authorized by the superior court judge, in writing, to make such requests. Requests for prior juvenile court histories shall be recorded and the recordation shall include the identifier of the requester, the date, and the information re quested. The prior juvenile court history transmitted to the court shall be filed with the clerk of the juvenile court, who shall be ordered to main tain a record of such histories. Such histories shall not be open to public inspection; but inspection of the record shall only be permitted to the judge, intake officer, probation officer, or court service worker assigned to the case.
(5) Dissemination of such information to unauthorized parties or use of such information for purposes other than authorized in this subsection shall be grounds for termination of employment with the council, user agency, or the court. Intentional dissemination or receipt of prior juvenile histories for purposes not authorized in this Code section shall be punish able by the civil contempt power of the court.
(6) When it appears to the council that any court has not instituted sufficient procedural safeguards to ensure the privacy and security of ju venile court histories, the council, through its presiding judge and execu tive director, shall not release any further information until that court demonstrates that adequate safeguards have been instituted.
(7) After an adult has been sentenced to the Department of Of fender Rehabilitation, a copy of the information provided to the superior court on the prior juvenile court history of the person may be forwarded

MONDAY, FEBRUARY 21, 1983

1347

to the agency receiving custody of the person for the sole purpose of es tablishing treatment or rehabilitation plans. After a child has been com mitted to the Division of Youth Services of the Department of Human Resources, a copy of the prior juvenile court history of the person com mitted shall be furnished to the agency receiving custody of the person for the sole purpose of establishing treatment or rehabilitation plans. Such information shall remain confidential.
(8) The council may permit authorized representatives of recognized organizations compiling statistics for appropriate purposes to inspect and make abstracts from prior juvenile court histories under conditions to be determined by the council. Statistical information thus released shall not include a juvenile's name."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 4, nays 25, and the committee substitute was lost.

Senator Hudgins of the 15th offered the following substitute to SB 246:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, so as to provide that the Council of Juvenile Court Judges may receive legal case information on children; to provide a manner in which such information is to be submitted; to provide that the council may disburse data from its files to courts requesting prior juvenile court legal case information on specific children; to provide that juvenile courts may submit juvenile court legal case information to superior courts in certain instances; to provide that the council may supply statistical information to certain groups; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, is amended by adding at the end of Code Section 15-11-4, relating to the Council of Juvenile Court Judges, a new subsection, to be designated subsection (c), to read as follows:
"(c) (1) The Council may establish a state-wide system for provid ing juvenile court legal case information on individuals to juvenile and superior courts for the sole purpose of ensuring effective rehabilitation, disposition or sentencing, supervision, and treatment of juveniles and adults. The council, through its presiding judge and executive director, shall ensure that information on individuals disseminated is used solely for these purposes. It is the express intent of the General Assembly that individuals' prior juvenile court histories shall not be used investigatory purposes.

1348

JOURNAL OF THE SENATE

(2) For purposes of this subsection, the term 'legal case information' means information contained in petitions, complaints, and allegations re lated to cases within the jurisdiction of the juvenile court. 'Legal case information' shall also mean demographic data on the subject child(ren), the family of the child(ren), and other parties to the proceedings.
(3) The council may receive legal case information from juvenile courts for the purpose of compiling and maintaining a state-wide data base on juveniles referred to juvenile court. Juvenile courts shall submit case information to the council, through their clerks, in a timely fashion and in a manner and form prescribed by the Council of Juvenile Court Judges.
(4) (A) The council may provide to individual juvenile courts, upon request, data from any or all juvenile courts on children's prior juvenile court legal case information for the purposes of making intake decisions and appropriate dispositions of current cases. Such state-wide informa tion shall be requested from the council only by officers of the court des ignated by the chief judge and approved by the council's executive direc tor. Each officer, thus approved, shall be given a unique identifier which shall be registered in a log kept by the council and which must be used in requesting information. Officers of the court who may be approved to request such information are limited to the judge, the clerk of the court or his employees, a court employed intake or probation officer, or a court service worker assigned to provide probation or intake services to the court. Unique identifiers shall be changed periodically and whenever identified court officers or employees of the council authorized to release state-wide juvenile records are terminated.
(B) Legal case information transmitted to the court shall be filed with the clerk of the juvenile court, who shall be ordered to maintain a record of such information. Such information shall not be open to public inspection; but inspection of the record shall only be permitted to the judge, intake officer, probation officer, or court service worker assigned to the case.
(C) The juvenile court may also provide legal case information, ex cluding information on children's cases informally adjusted or dismissed, to the superior court of that county, upon the request of the superior court judge, for the exclusive purpose of determining the sentence of an adult offender convicted of a felony. The request for such information may be made in writing only by the superior court judge or by a proba tion officer of the superior court who has been authorized in writing by the superior court judge to make such requests. Requests for legal case information shall be recorded and the recordation shall include the iden tifier of the requester, the date, and the information requested.
(5) Dissemination of such information to unauthorized parties or use of such information for purposes other than authorized in this subsection shall be a misdemeanor or grounds for termination of employment with the council, user agency, or the court. Intentional dissemination or re ceipt of legal case information for purposes not authorized in this Code section shall be punishable by the civil contempt power of the court or as a misdemeanor.

MONDAY, FEBRUARY 21, 1983

1349

(6) When it appears to the council that any court has not instituted sufficient procedural safeguards to ensure the privacy and security of ju venile court histories, the council, through its presiding judge and execu tive director, shall not release any further information until that court demonstrates that adequate safeguards have been instituted.
(7) After an adult has been sentenced to the Department of Of fender Rehabilitation, a copy of the legal case information of the person provided to the superior court may be forwarded to the agency receiving custody of the person for the sole purpose of establishing treatment or rehabilitation plans.
(8) After a child has been committed to the Division of Youth Ser vices of the Department of Human Resources, a copy of the legal case information of the person committed shall be furnished to the agency receiving custody of the person for the sole purpose of establishing treat ment or rehabilitation plans. Such information shall remain confidential.
(9) The council may permit authorized representatives of recognized organizations compiling statistics for appropriate purposes to inspect and make abstracts from prior juvenile court histories under conditions to be determined by the council. Statistical information thus released shall not include a juvenile's name.
(10) Information other than aggregate data contained in this system shall be subject to the provisions for sealing of records, as contained in Code Section 15-11-61."
Section 2. Code Section 15-11-61, relating to sealing of records and related matters, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) The court shall notify each juvenile adjudicated by the court and the juvenile's parent, custodian, or guardian in writing after each adjudication of the procedures for sealing the court's records as described in this Code section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute offered by Senator Hudgins of the 15th, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

1350

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Barker
Barnes Bond Bowen
Brannon Brantley Broun of 46th
Brown of 47th Bryant
Burton Cobb
Coggin Coleman Coverdell Dawkins
Deal
Dean

Engrain
Foster Gillis
Greene Harris Hill
Hine
Holloway Horton Howard
Hudgins Huggins Kennedy Kidd Land
Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh
T1 aatf1C
Thompson Timmons Trulock Turner Walker

Those not voting were Senators:

Allgood English

Fincher Garner

Harrison Tysinger

On the passage of the bill, the yeas were SO, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 272. By Senator Hudgins of the 15th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish a children's policy for the State of Georgia.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker
Barnes Bond

Bowen Brannon
Brantley Brown of 47th

Bryant Burton
Cobb Coggin

Coleman Coverdell Deal English Engram Fincher Foster Gillis Greene Harris Hill Hine Holloway

MONDAY, FEBRUARY 21, 1983

1351

Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry

Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Dawkins Dean

Garner Harrison

Littlefield Timmons

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 172. By Senator Lester of the 23rd:
A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to the disposition of seized property, so as to change certain provisions relating to the return of stolen or otherwise unlaw fully obtained property to rightful owners.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On 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 Brown of 47th Bryant

Burton Cobb Coggin Coleman Coverdell Dawkins Deal English Engram

Fincher Foster Gillis Greene Harris Harrison Hill Hine Holloway

1352

JOURNAL OF THE SENATE

Howard Hudgins
y
McGill McKenzie

Peevy perry
Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr

Stumbaugh Tate
Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Dean
Garner

Horton Land

Littlefield Timmons

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 91. By Senators Coverdell of the 40th and Scott of the 36th:
A resolution authorizing and directing the Small Business Subcommittee of the Senate Committee on Economic Development and Tourism to study matters relating to governmental contracts with Georgia small businesses.

The Senate Committee on Economic Development and Tourism offered the follow ing substitute to SR 91:

A RESOLUTION
Authorizing and directing the Small Business Subcommittee of the Senate Committee on Economic Development and Tourism to study matters relating to the State of Georgia contracting out government services to the private sector; and for other purposes.
WHEREAS, the General Assembly should assume a more active role in assessing the cost effectiveness and benefits of contracting services out to the private sector; and
WHEREAS, several states, Arizona being the forerunner, have passed legislation which provides for a viable "contracting out" policy; and
WHEREAS, use of private contracts enables more revenue to be re turned to the state through private contractors paying corporate income, sales, and ad valorem taxes; and

MONDAY, FEBRUARY 21, 1983

1353

WHEREAS, "contracting out" is extremely advantageous in many ar eas, an example of which is "high tech" where equipment costs are high and hardware is constantly changing; and;
WHEREAS, it is incumbent upon this body to assist in the creation of new jobs for Georgians and in saving the state dollars.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the Small Business Subcommittee of the Senate Committee on Economic Development and Tourism is authorized and directed to make a study on the feasibility and implementation of contracting out government services to the private sector.
BE IT FURTHER RESOLVED that the subcommittee shall be au thorized to meet for such number of days to carry out the purposes of this resolution as the President of the Senate shall authorize by letter to the chairman and members of the subcommittee. The members of the subcom mittee may receive the expenses and allowances authorized by law for at tending meetings of the subcommittee to carry out the purposes of this resolution.
BE IT FURTHER RESOLVED that the subcommittee shall make a report of its findings and recommendations to the Governor and to the Gen eral Assembly by not later than the date the General Assembly convenes in regular session in January, 1984.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin

Coleman Coverdell Dawkins Deal Dean English Engram Foster Gillis Greene Harris Harrison Hine

Holloway Horton Howard Hudgins Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy Perry

1354

JOURNAL OF THE SENATE

Phillips Scott of 2nd SSccootttt ooff 4336rthd
Starr

Stumbaugh Tate
Thompson Timmons

Trulock Turner T_ysm. ger
Walker

Those not voting were Senators:

Fincher

Hill

Garner

Huggins

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 401. By Representatives Irvin of the llth, Reaves of the 147th, Crawford of the 5th and others:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for the bonding and regulation of livestock deal ers, brokers, packers, and market operators.
Senate Sponsor: Senator McGill of the 24th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin

Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Gillis Greene Harris

Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd tester Littlefield McGill Peevy

MONDAY, FEBRUARY 21, 1983

1355

Perry Phillips Scott of 2nd Scott of 36th
Scott of 43rd

Starr Stumbaugh Tate Thompson
Timmons

Trulock Turner _. Tysmger
Walker

Those not voting were Senators:

Broun of 46th Garner

Harrison Hill

Land McKenzie

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 430. By Representative Murphy of the 18th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to the terms of court for the superior courts of the judicial circuits of this state, so as to change the terms for the superior courts of the Tallapoosa Judicial Circuit.
Senate Sponsor: Senator Dean of the 31st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker
Barnes
Bond Bowen Brantley
Brown of 47th
Burton Cobb
Coggin Coleman
Coverdell Dawkins
Deal
Dean English

Engram Fincher
Foster
Garner Gillis Greene
Harris
Harrison Hine
Holloway Horton
Howard Hudgins
Huggins
Kennedy tester

Littlefield McGill
Peevy
Perry Phillips Scott of 2nd
Scott of 36th
Scott of 43rd Starr
Stumbaugh Tate
Thompson Timmons
Turner
Tysinger Walker

1356

JOURNAL OF THE SENATE

Those not voting were Senators:

Brannon

Hill

Broun of 46th

Kidd

Bryant

Land

McKenzie Trulock

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Greene of the 26th introduced the doctor of the day, Dr. Beverly Sanders, of Macon, Georgia.

The following general bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

HB 242. By Representatives Chambless of the 133rd, Young of the 134th and Balkcom of the 140th:
A bill to amend Code Section 36-83-3 of the Official Code of Georgia Anno tated, relating to definitions regarding the local government investment pool, so as to change a definition in order to authorize certain departments, agen cies, and boards of political subdivisions to utilize the investment pool.
Senate Sponsor: Senator Holloway of the 12th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman

Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris

Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Lester Littlefield McGill

MONDAY, FEBRUARY 21, 1983

1357

Peevy Perry Phillips Scott of 2nd
Scott of 36th

Scott of 43rd Starr Stumbaugh Tate
Thompson

Timmons Turner
. Tysmger
Walker

Those not voting were Senators:

Bond

Hill

Bowen

Land

McKenzie Trulock

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 353. By Representatives Walker of the 115th, Evans of the 84th, Phillips of the 120th and others:
A bill to amend Part 2 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Heritage Trust Program, so as to extend the life of the Heritage Trust Commission until July 1, 1988.
Senate Sponsor: Senator Gillis of the 20th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Tysinger Walker

1358

JOURNAL OF THE SENATE

Those not voting were Senators:

Bond

Holloway

Hill

Horton

Trulock

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 212. By Representatives Ramsey of the 3rd, Clark of the 13th, Sizemore of the 136th and others:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to provide for an additional member of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia and his term of office.
Senate Sponsor: Senator Turner of the 8th.

The following fiscal note, as required by law, was read by the Secretary:

Department of Audits Trinity-Washington Building
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, 1983

SUBJECT: Fiscal Note--House Bill 212 (LC 9 3554) Sheriffs' Retirement Fund

The provisions of this proposed legislation and their fiscal impact are addressed in the following paragraphs.

1. The membership of the Fund's Board of Commissioners would be increased by adding one retired member of the Fund. This member would be appointed by the Georgia Sheriffs' Association for a one-year term.

This provision would have no fiscal impact on the cost of the Fund.

2. Member contributions would be increased from $20 to $25 per month.

MONDAY, FEBRUARY 21, 1983

1359

The Fund's actuary has determined that this provision would in crease total annual member contributions from $41,000 to $51,250, an increase of $10,250.
3. The monthly retirement benefit would be increased from $25 to $32.50 per year of service. The maximum monthly benefit would increase from $625 to $812.50 per month.
The actuary has determined that this provision would cost the fund an additional $339,353 annually.
4. The lump sum death benefit for active members would be in creased from $3,000 to $5,000.
The actuary for the Fund has determined that the provision would result in an additional cost to the Fund of $11,050.
5. All retirement benefits would become exempt from any tax im posed by this state or any other county, municipality, or other political subdivision.
This provision would have no fiscal impact on the Fund, but would have an adverse impact on tax revenues.
In summary, the Fund's actuary has determined that this Bill would cost the Fund an additional cost of approximately $350,600 annually and would increase member contributions by about $10,300. Assuming contribu tions from court fines continue at the 1982 fiscal year level, the total annual contribution would be approximately $36,500 more than the total annual cost. The contributions from court fines totalled $567,321 in fiscal year 1981 and $702,018 in fiscal year 1982. Collections increased in fiscal year 1982 as a result of 1981 legislation which requires that a $1 fee be collected and remitted to the Fund for all civil suits filed in a Superior Court. This fee is in addition to the $1.50 fee collected for all criminal and quasi-criminal cases.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

Senator Turner of the 8th offered the following amendment:
Amend HB 212 by striking from lines 1, 2, and 3 on Page 2 the following:
"; and one retired member of the fund who shall be appointed by the president of the Georgia Sheriffs' Association.",
and inserting in lieu thereof the following:
"; and one retired member of the fund who shall be appointed by the Governor."

1360

JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hill Mine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Scott of the 36th.

Not voting were Senators Barnes and Bond.

On the passage of the bill, the yeas were 53, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 186. By Senators Greene of the 26th, Garner of the 30th and Trulock of the 10th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to public health, so as to authorize the discontinuance of extraordinary lifesustaining procedures for certain persons; to provide for a declaration of findings.

MONDAY, FEBRUARY 21, 1983

1361

Senator Allgood of the 22nd moved that SB 186 be committed to the Senate Com mittee on Judiciary and Constitutional Law.

On the motion, Senator Garner of the 30th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins English Fincher Gillis

Harris Harrison Hill Horton Hudgins Huggins Kennedy Lester McGill McKenzie Peevy Perry

Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Bond Brannon Brantley Coverdell Deal Dean

Engram Garner Greene Hine Holloway

Howard Kidd Land Littlefield Trulock

Those not voting were Senators:

Barnes

Bowen

Foster

On the motion, the yeas were 37, nays 16; the motion prevailed, and SB 186 was committed to the Senate Committee on Judiciary and Constitutional Law.

HB 77. By Representative Ramsey of the 3rd:
A bill to repeal Article 5 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to Georgia as a party state to the Vehicle Equipment Safety Compact.
Senate Sponsor: Senator Holloway of the 12th.

1362

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:

Barker Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Garner Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Land

Lester Littlefield McGill Peevy Phillips Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Barnes Foster

Gillis Hudgins McKenzie

Perry Scott of 2nd Timmons

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Hudgins of the 15th introduced the new Congressman from the 3rd Dis trict, Honorable Richard Ray, to the Senate.

The following general bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

HB 25. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others: A bill to amend the Official Code of Georgia Annotated so as to change the term "director of veterans service" to "commissioner of veterans service".
Senate Sponsor: Senator Deal of the 49th.

MONDAY, FEBRUARY 21, 1983

1363

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Garner Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

Littlefield McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Bond Coggin

Foster Gillis Greene

McKenzie Trulock

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 158. By Senator Littlefield of the 6th:
A bill to amend Code Section 9-11-41, relating to dismissal of civil actions, so as to change the time during which actions may be dismissed.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 158:

A BILL TO BE ENTITLED AN ACT
To amend Code Section 9-11-41, relating to dismissal of civil actions,

1364

JOURNAL OF THE SENATE

so as to change the number of times during which actions may be dismissed; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 9-11-41, relating to dismissal of civil actions, is amended by striking subsection (a) and inserting in its place a new subsec tion to read as follows:
"(a) Subject to the provisions of subsection (c) of Code Section 911-23, of Code Section 9-11-66, and of any statute, an action may be dismissed by the plaintiff, without order of court, by filing a written no tice of dismissal at any time before verdict. If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiffs motion to dismiss, the action shall not be dismissed against the defen dant's objection unless the counterclaim can remain pending for indepen dent adjudication by the court. A dismissal under this subsection is with out prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once previ ously dismissed in any court an action based on or including the same claim."
Section 2. 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 Bowen Brannon Brantley
Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Deal Dean English

Engram Fincher Harris Harrison Hine Holloway
Horton Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield

McGill McKenzie Peevy Perry Phillips Scott of 2nd
Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Walker

MONDAY, FEBRUARY 21, 1983

1365

Those not voting were Senators:

Bond
Cobb Coggin Dawkins

Foster
Garner Gillis Greene

Hill
Timmons 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.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

SB 261. By Senator Kidd of the 25th:
A bill to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the operation of bingo games by nonprofit tax-exempt organizations, so as to authorize any county or munici pality of this state to adopt an ordinance authorizing its recreation depart ment to operate bingo games either directly or on behalf of nonprofit taxexempt organizations.

Senator Stumbaugh of the 55th offered the following amendment:
Amend SB 261 by striking Section 2 on Page 7 and adding a new Sec tion 2 as follows:
"Section 2. Nothing in this Act shall limit the powers of investiga tion or enforcement that the G. B. I. now has to investigate or enforce activities regarding bingo.",
and then adding a Section 3 to read as follows:
"Section 3. All laws and parts of laws in conflict with this Act are repealed."

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

1366

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Barnes Bond Brannon Brantley Broun of 46th Bryant Cobb Coggin Coverdell Dawkins

English Engram Fincher Harris Harrison Hine Howard Hudgins Kidd Land

Lester Littlefield Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Trulock Tysinger

Those voting in the negative were Senators:

Barker Bowen Brown of 47th
Sman Deal Dean Garner

Gillis Greene Hill
Hr Huggins McGill McKenzie

Peevy Perry Starr
Thompson Timmons Turner Walker

Not voting were Senators Foster and Kennedy (presiding).

On the passage of the bill, the yeas were 31, nays 23.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Kidd of the 25th moved that SB 261 be immediately transmitted to the House.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 261 was immediately transmitted to the House.

SB 108. By Senators Walker of the 19th, Horton of the 17th, English of the 21st and others:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to bail in criminal cases, so as to deny appeal bonds to con victed felons sentenced to serve three or more years.

The Senate Committee on Judiciary offered the following amendment:

MONDAY, FEBRUARY 21, 1983

1367

Amend SB 108 by striking from line 4 of Page 1, from line 5 of Page 1, from line 22 of Page 1, and from line 24 of Page 1 the following:
"three",
and inserting in each such place and in lieu thereof the following: "five".

On the adoption of the amendment, the yeas were 1, nays 45, and the amendment was lost.
Senator Walker of the 19th offered the following amendment:
Amend SB 108 by striking from the title, beginning on line 3 of Page 1, the following:
"convicted felons sentenced to serve three or more years",
and inserting in lieu thereof the following:
"certain convicted felons".
By striking in its entirety subsection (d), beginning on line 20 of Page 1, which reads as follows:
"(d) No appeal bond shall be granted to any person who has been convicted of a felony and sentenced to serve three years or more. The granting of an appeal bond to a person who has been convicted of a fel ony and sentenced to serve less than three years shall be in the discretion of the convicting court, which decision shall be final and not subject to review.",
and inserting in lieu thereof the following:
"(d) No appeal bond shall be granted to any person who has been convicted of a felony listed in paragraph (2) of subsection (b) of this Code section and who has been sentenced to serve a period of incarcera tion of five years or more. The granting of an appeal bond to a person who has been convicted of any other crime shall be in the discretion of the convicting court, which decision shall be final and not subject to re view. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies."
Senators Barnes of the 33rd, Allgood of the 22nd and Littlefield of the 6th offered the following amendment:
Amend the amendment offered by Senator Walker of the 19th to SB 108 by striking on line 25 of the amendment the following:
", which decision shall be final and not subject to review."

1368

JOURNAL OF THE SENATE

and inserting in lieu thereof the following:

On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted.

On the adoption of the amendment offered by Senator Walker of the 19th, the yeas were 46, nays 0, and the amendment was adopted as amended.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bowen Brannon Brantley Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell Dean English Engram

Fincher Garner Gillis Harris Harrison Hill Holloway Horton Howard Hudgins Huggins Land Lester Littlefield

McGill McKenzie Perry Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Allgood Bond Brown of 47th Dawkins

Deal Greene Hine Kidd

Peevy Scott of 36th Tate

Not voting were Senators Foster and Kennedy (presiding).

On the passage of the bill, the yeas were 43, nays 11.

MONDAY, FEBRUARY 21, 1983

1369

The bill, having received the requisite constitutional majority, was passed as amended.

HB 27. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Article 2 of Chapter 4 of Title 14 of the Official Code of Georgia Annotated, relating to the incorporation of Secretary of State cor porations, so as to change the provisions relating to the number of directors of Secretary of State corporations.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land tester

Littlefield McGill Peevy Perry Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh
T1 falltpe
Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Burton Cobb

Foster Kennedy (presiding)

McKenzie Phillips

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1370

JOURNAL OF THE SENATE

HB 28. By Representatives Snow of the 1st, Karrh of the 109th, Bray of the 91st and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to add additional exceptions to the right to register and vote as required by Article II, Section I, Paragraph III of the Constitution of the State of Georgia.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Foster

Kennedy (presiding)

Starr

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 21, 1983

1371

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, an nounced that the Senate would stand in recess from 12:30 o'clock P.M. until 2:00 o'clock P.M.

At 2:00 o'clock P.M., the President called the Senate to order.

The following general bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:
HB 29. By Representatives Snow of the 1st, Bray of the 91st, Karrh of the 109th and others: A bill to amend Article 12 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to election returns, so as to provide for the preparation and filing of four copies of the consolidated returns of primaries and elections by the superintendent.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Bond Bowen Brannon Broun of 46th Brown of 47th Cobb Dawkins Deal English Engram Garner

Gillis Harris Harrison Hill Hine Howard Huggins Kennedy Kidd Lester McGill

McKenzie Peevy Perry Scott of 43rd Starr Stumbaugh Tate Timmons Trulock Turner Walker

Those not voting were Senators:

Barker Barnes (excused conferee) Brantley Bryant

Burton Coggin Coleman Coverdell (excused conferee)

Dean Fincher Foster Greene Holloway

1372

JOURNAL OF THE SENATE

Horton Hudgins Land Littlefield

Phillips Scott of 2nd Scott of 36th

Thompson (excused conferee) Tysinger

On the passage of the bill, the yeas were 34, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 268. By Senator Broun of the 46th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the amount of restoration fee required before the Department of Public Safety will return an operator's driver's license or tag registration, or both; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond fBorawncnnon BBrroowunn ooff 4467tthh
Burton Cobb Dawkins Deal Dean

English Engram Fincher
Garner HHaarrrriisson ,,"l.,,11
Hme Holloway Howard Huggins Kennedy Kidd

Those not voting were Senators:

Brantley
Coggin Coleman
Coverdell (excused conferee)
Foster

Gillis
Greene Horton
Hudgins Littlefield
Phillips

Land Lester McGill McKenzie PPeeerrvyy 0Sc_ot't orf 4A3IrdA Stumbaugh Tate Timmons Trulock Turner Walker
Scott of 2nd Scott of 36th Starr Thompson (excused conferee) Tysinger

On the passage of the bill, the yeas were 40, nays 0.

MONDAY, FEBRUARY 21, 1983

1373

The bill, having received the requisite constitutional majority, was passed.

HB 134. By Representatives Smyre of the 92nd, Walker of the 115th and Evans of the 84th:
A bill to amend Code Section 50-5-69 of the Official Code of Georgia Anno tated, relating to purchases without competitive bidding, so as to change the dollar limit on certain purchases made by state departments, agencies, and instrumentalities without competitive bidding.
Senate Sponsor: Senator Barnes of the 33rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Broun of 46th Bryant Burton Cobb
Coggin Coverdell Dawkins Deal Dean

English Engram Fincher Garner Harris Harrison Hill Hine Holloway Horton Howard Huggins Kennedy Kidd

Land Lester McGill McKenzie Peevy Perry Scott of 36th Scott of 43rd Stumbaugh Tate Timmons Trulock Turner Walker

Those not voting were Senators:

Brantley Brown of 47th Cpoosletemr an
Gillis

Greene Hudgins Littlen,,el.d,
Phillips

Scott of 2nd Starr ,,T,hompson
Tysinger

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1374

JOURNAL OF THE SENATE

HB 30. By Representatives Snow of the 1st, Lawson of the 9th, Bray of the 91st and others:
A bill to amend Code Section 28-1-11, relating to maintenance of engrossed copies of laws and joint resolutions, so as to provide for the publication of such laws and joint resolutions.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Judiciary offered the following substitute to HB 30:

A BILL TO BE ENTITLED AN ACT
To amend Code Section 28-1-11 of the Official Code of Georgia Anno tated, relating to maintenance of copies of laws and joint resolutions, so as to provide the procedure for maintaining engrossed copies of bills and cer tain resolutions; to provide for the maintenance of enrolled Acts; to provide for the publication of enrolled Acts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. It is the intent of this Act to implement the provisions of Article III, Section V, Paragraph I of the Constitution of the State of Georgia.
Section 2. Code Section 28-1-11 of the Official Code of Georgia Anno tated, relating to maintenance of copies of laws and joint resolutions, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 28-1-11 to read as follows:
"28-1-11. The engrossed copies of all bills and of all resolutions in tended to have the effect of law passed by either house of the General Assembly shall be preserved by the Secretary of the Senate and the Clerk of the House of Representatives and deposited in the office of the Secretary of State. The enrolled copies of all bills and of all resolutions intended to have the effect of law, which, when signed by the Governor, become enrolled Acts, shall be deposited in the office of the Secretary of State. The Secretary of State shall provide for the publication of such Acts."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

MONDAY, FEBRUARY 21, 1983

1375

On 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 Burton Cobb Coggin Coverdell Dawkins Deal

Dean English Engram Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

Those not voting were Senators:

McGill McKenzie Peevy Perry Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Walker

Coleman Fincher Foster

Garner Gillis Greene

Littlefield Phillips Ty singer

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 33. By Representatives Snow of the 1st, Lawson of the 9th, Bray of the 91st and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions relative to the General Assembly of Georgia, so as to provide for the oath of office of members of the General Assembly.
Senate Sponsor: Senator Deal of the 49th.

1376

JOURNAL OF THE SENATE

The Senate Committee on Judiciary offered the following substitute to HB 33:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions relative to the General Assembly of Georgia, so as to provide for the oath of office of members of the General Assembly; to change the provisions relating to the administration of the oath of office; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. It is the intent of this Act to implement the provisions of Article III, Section IV, Paragraph II of the Constitution of the State of Georgia.
Section 2. Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions relative to the General Assembly of Georgia, is amended by striking Code Section 28-1-4, relating to the admin istration of the oath of office to members of the General Assembly, in its entirety and inserting in lieu thereof a new Code Section 28-1-4 to read as follows:
"28-1-4. (a) Each Senator and Representative, before taking the seat to which elected, shall take the following oath:
'I do hereby solemnly swear or affirm that I will support the Consti tution of this state and of the United States and, on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this state.'
(b) The oath of office prescribed by subsection (a) of this Code sec tion may be administered to the members of the General Assembly by one or more Justices of the Supreme Court, Judges of the Court of Ap peals, judges of the superior courts, or judges of the state courts. Such Justice or judge or Justices or judges shall be procured by the person organizing each branch."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

MONDAY, FEBRUARY 21, 1983

1377

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Walker

Those not voting were Senators:

Foster

Littlefield

Tysinger

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 31. By Representatives Snow of the 1st, Karrh of the 109th, Lawson of the 9th and others:
A bill to amend Part 1 of Article 2 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, relating to the reward to the first person, or corporation which puts down and brings in the first commercial oil well in this state, so as to change the provisions relating to the determination as to whether such well is producing the required amount of oil per day.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

1378

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins

Deal Dean Fincher Gillis Greene Harris Hine Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Brannon Engram

Garner Hill

Thompson

Those not voting were Senators:

English Foster

Harrison Holloway

Littlefield Timmons

On the passage of the bill, the yeas were 45, nays 5.

The bill, having received the requisite constitutional majority, was passed.

SB 258. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 31-19-4 of the Official Code of Georgia Anno tated, relating to persons bitten by an animal suspected of being rabid, so as to require persons bitten by an animal reasonably suspected of being rabid to notify the rabies control officer of a law enforcement agency.

Senator Peevy of the 48th offered the following amendment:
Amend SB 258 as follows:
By striking that sentence appearing in lines 19 through 25 on Page 2 which reads as follows:
"If the animal is captured and confined, the county board of health or rabies control officer shall cause such tests to be made on such animal

MONDAY, FEBRUARY 21, 1983

1379

as may be necessary to determine whether or not the animal is rabid. The person who was bitten by the animal shall be notified immediately of the results of such tests.",
and inserting in lieu thereof the following:
"The animal shall be confined for a period of ten days. If after ten days the county board of health determines that the animal has devel oped symptoms of rabies, tests shall be conducted to confirm such diag nosis. The person who was bitten shall be notified immediately if the animal develops symptoms of rabies during the period of confinement."

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, 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 Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Not voting were Senators Foster and Starr.

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

1380

JOURNAL OF THE SENATE

Senator Starr of the 44th assumed the Chair at the direction of the President.

HB 32. By Representatives Snow of the 1st, Karrh of the 109th, Bray of the 91st and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated relating to elections, so as to revise and update certain eligibility requirements for persons holding office in this state as required by Article II, Section II, Par agraph III of the Constitution of the State of Georgia.
Senate Sponsor: Senator Deal of the 49th.

Senator Deal of the 49th offered the following amendment:
Amend HB 32 by striking from lines 29 through 31 of Page 4 the following:
"treason against the state, of embezzlement of public funds, malfea sance in office, bribery, or larceny, or of.
By striking from lines 34 and 35 of Page 5 and line 1 of Page 6 the following:
"treason against the State of Georgia, of embezzlement of public funds, malfeasance in office, bribery, or larceny, or of.

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin

Coleman Coverdell Dawkins Deal Dean English Engram Fincher Garner Gillis Greene Harris Hill

Hine Holloway Horton Howard Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry

MONDAY, FEBRUARY 21, 1983

1381

Phillips Scott of 2nd Scott of 36th Scott of 43rd

Stumbaugh Tate Thompson

Turner Tysinger Walker

Those not voting were Senators:

Foster
Harrison Hudgins

Littlefield Starr (presiding)

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.

The President resumed the Chair.

HB 314. By Representatives Bray of the 91st, Darden of the 20th and Snow of the

i

1st:

v

A bill to amend Title 21 of the Official Code of Georgia Annotated, relating

to elections, so as to provide for the nonpartisan election of candidates for

the office of judge of a state court, judge of a superior court, Judge of the

Court of Appeals, or Justice of the Supreme Court.

Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following substi tute to HB 314:

A BILL TO BE ENTITLED AN ACT
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the nonpartisan election of candidates for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, and Justice of the Supreme Court; to provide for legisla tive intent; to provide for a method of qualifying as a candidate for such offices; to provide for qualifying fees; to change the provisions relating to filing a notice of candidacy; to change provisions relating to the designation of the specific office sought by a candidate; to provide for nonpartisan elec tion procedures; to authorize the General Assembly to provide by local Act for nonpartisan elections to fill county offices and offices of local school boards and school superintendents; to provide for the date of a nonpartisan primary; to provide for the nomination of certain judicial offices in a nonpar tisan primary; to provide that any nonpartisan primary shall be conducted jointly with the primary of political parties; to provide for the reopening of qualification for office in the event of the death of a candidate prior to the date of a nonpartisan primary and for filling a vacancy occurring after nom-

1382

JOURNAL OF THE SENATE

ination but before the date of the nonpartisan election; to provide for the official nonpartisan primary ballot; to provide for the official nonpartisan election ballot; to provide for the form of ballot labels in nonpartisan prima ries and nonpartisan elections; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. It is the intent of this Act to implement the provisions of Article VI, Section VII, Paragraph I of the Constitution of the State of Georgia which requires that all judges of state courts, judges of superior courts, Judges of the Court of Appeals, and Justices of the Supreme Court shall be elected on a nonpartisan basis. In furtherance of this mandate, this Act establishes uniform and exclusive procedures for the nonpartisan selec tion of nominees for such offices in a nonpartisan primary to be held at the same time as the general political party primaries and for the election of the judges and Justices in a nonpartisan election to be held at the same time as the general election.
Section 2. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-130, relating to qual ification of candidates, in its entirety and substituting in lieu thereof a new Code Section 21-2-130 to read as follows:
"21-2-130. Candidates may qualify for an election by virtue of:
(1) Nomination in a primary conducted by a political party;
(2) Filing a nomination petition either as an independent candidate or as a nominee of a political body, if duly certified by the chairman and the secretary of the political body as having been nominated in a duly constituted political body convention as prescribed in Code Section 21-2172;
(3) In the case of an election for presidential electors, nomination as prescribed by rules of a political party;
(4) Substitute nomination by a political party or body or substitute nonpartisan nomination for judge as prescribed in Code Sections 21-2134 and 21-2-155, respectively;
(5) Candidacy in a special election as prescribed in subsection (d) of Code Section 21-2-132;
(6) Incumbent qualifying as a candidate to succeed himself as pre scribed in subsection (d) of Code Section 21-2-132; or
(7) Nomination in a nonpartisan primary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court as prescribed in Code Section 21-2-138."
Section 3. Said title is further amended by striking subsection (a) of Code Section 21-2-131, relating to fixing and publishing of qualification

MONDAY, FEBRUARY 21, 1983

1383

fees, manner of payment, and distribution of fees paid, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Qualification fees for party and public offices shall be fixed and published as follows:
(1) The governing authority of any county, not later than March 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 20 days prior to the special primary or election in the case of a special election, shall fix and publish a qualifying fee for each county office to be filled in the upcoming primary or election. Such fee shall be 3 percent of the annual salary of the office if a salaried office. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee not to exceed 3 percent of the income de rived from such office by the person holding the office for the preceding year;
(2) Within the same time limitation as provided in subsection (a) of this Code section, the Secretary of State shall fix and publish a qualify ing fee for any candidate qualifying by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan primary and for any candidate filing with the Secretary of State his notice of candidacy for a general or special election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Sec retary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;
(3) A reasonable qualifying fee may be set according to party rule for each political party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than March 1 of the year in which the primary is to be held for the filling of such party office."
Section 4. Said title is further amended by striking Code Section 21-2132, relating to filing notice of candidacy and payment of qualifying fee, in its entirety and substituting in lieu thereof a new Code Section 21-2-132 to read as follows:
"21-2-132. (a) The names of nominees of political parties nominated in a primary and the names of candidates nominated in a nonpartisan primary shall be placed on the election ballot without their filing the no tice of candidacy otherwise required by this Code section.
(b) Candidates seeking nomination in a nonpartisan primary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, and Justice of the Supreme Court shall comply with the requirements of subsections (c) and (e), as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary ballots.
(c) All other candidates shall file their notice of candidacy and pay

1384

JOURNAL OF THE SENATE

the prescribed qualifying fee by the date prescribed in this Code section in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for federal or state office, or his agent, desiring to have his name placed on the election ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seek ing, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00 Noon on the sec ond Wednesday in June preceding the election in the case of a general election and at least 25 days prior to the election in the case of a special election.
(2) Each candidate for a county office, or his agent, desiring to have his name placed on the election ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00 Noon on the second Wednesday in June preceding the election in the case of a general election and at least 25 days prior to the election in the case of a special election.
(d) Each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00 Noon on the second Wednesday in July immediately prior to the election, file with the same official with whom he filed his notice of candidacy, a nomination petition in the form pre scribed in Code Section 21-2-170, except that such petition shall not be required if such candidate is:
(1) A nominee of a political party for the office of presidential elec tor when such party has held a national convention and therein nomi nated candidates for President and Vice President of the United States;
(2) Seeking office in a special election;
(3) An incumbent qualifying as a candidate to succeed himself if, prior to the election in which he was originally elected to the office for which he seeks reelection, such incumbent filed a notice of candidacy and a nomination petition as required by this chapter; or
(4) A candidate seeking election to the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Jus tice of the Supreme Court in a nonpartisan primary.
(e) Each candidate required by this Code section to file a notice of candidacy shall accompany his notice of candidacy with an affidavit stating:
(1) His residence, with street and number, if any, and his post office address;
(2) His profession, business, or occupation, if any;
(3) The name of his precinct;

MONDAY, FEBRUARY 21, 1983

1385

(4) That he is an elector of the county of his residence eligible to vote in the election in which he is a candidate;
(5) The name of the office he is seeking;
(6) That he is eligible to hold such office;
(7) That he has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that his civil rights have been restored; and
(8) That he will not knowingly violate this chapter or rules and reg ulations adopted thereunder.
The affidavit shall contain such other information as may be prescribed by the officer with whom the candidate files his notice of candidacy.
(f) A pauper's affidavit may be filed in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-138. A candidate filing a pauper's affidavit instead of paying a qualifying fee shall under oath affirm his poverty and his resulting inability to pay the qualifying fee otherwise required. To be acceptable under this Code sec tion, a pauper's affidavit must show on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required."
Section 5. Said title is further amended by striking Code Section 21-2135, relating to designation by candidate of specific office sought, in its en tirety and substituting in lieu thereof a new Code Section 21-2-135 to read as follows:
"21-2-135. (a) In the case of a public office having multiple office holders with the same title, each candidate shall, when qualifying with his party in the case of a primary and when filing his notice of candidacy in the case of an election and when filing his notice of candidacy in the case of a nonpartisan primary, designate the specific office he is seeking and name the person such candidate is seeking to succeed and give such other appropriate designation as may be required by the Secretary of State or election superintendent. The designation of the specific office and the name of the person whom a candidate is seeking to succeed in the case of a public office having mulitple officeholders shall be entered on the ballot and ballot labels in such manner that in the ensuing pri mary or election such candidate shall only oppose the other candidate or candidates, if any, who designated the same specific office and the same name.
(b) In the case of the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, and Justice of the Su preme Court, the name of the person such candidate is seeking to suc ceed and such other designation as may be required by the Secretary of State or election superintendent shall be included in the title of the office on the ballot in all nonpartisan primaries and elections."

1386

JOURNAL OF THE SENATE

Section 6. Said title is further amended by striking Code Section 21-2138, relating to nonpartisan election procedures, in its entirety and substitut ing in lieu thereof a new Code Section 21-2-138 to read as follows:
"21-2-138. The names of all candidates who have qualified with the Secretary of State for the office of judge of a superior court, Judge of the Court of Appeals, and Justice of the Supreme Court of this state and the names of all candidates who have qualified with the election superinten dent for the office of judge of a state court shall be placed on the ballot in a nonpartisan primary to be held and conducted jointly with the gen eral primary in each even-numbered year. The names of candidates nom inated in such nonpartisan primary shall be placed on the official ballot in the nonpartisan election which shall be held and conducted jointly with the regular general election in each even-numbered year. No candi dates for any such office shall be nominated by a political party or by a petition as a candidate of a political body or as an independent candi date. In a nonpartisan primary, candidates for any such office shall have their names placed on the nonpartisan portion of each political party bal lot by complying with the requirements prescribed in Code Section 21-2132 specifically related to such nonpartisan candidates and by paying the requisite qualifying fees as prescribed in Code Section 21-2-131. Candi dates shall be listed on the official ballot in a nonpartisan primary and in a nonpartisan election as provided in Code Sections 21-2-284.1 and 21-2285.1, respectively. Except as otherwise specified in this chapter, the pro cedures to be employed in conducting the nonpartisan primary and nonpartisan election of judges of state courts, judges of superior courts, Judges of the Court of Appeals, and Justices of the Supreme Court shall conform as nearly as practicable to the procedures governing general primaries and general elections; and such general primary and general election procedures as are necessary to complete this nonpartisan election process shall be adopted in a manner consistent with such nonpartisan primaries and nonpartisan elections."
Section 7. Said title is further amended by adding at the end of Part 1 of Article 4 of Chapter 2, relating to nonpartisan elections to fill county offices and offices of local school boards and school superintendents, a new Code Section 21-2-139 to read as follows:
"21-2-139. Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the nomination and election in nonpartisan primaries and elections of candi dates to fill county offices and offices of local school boards and school superintendents which are filled by the vote of the electors of said county or political subdivision. The procedures to be employed in such nonparti san primaries and elections shall conform as nearly as practicable to the procedures governing nonpartisan primaries and nonpartisan elections as provided in this chapter. The election procedures established by any ex isting local law which provides for the nonpartisan nomination and elec tion of candidates to fill county offices shall conform to the general proce dures governing nonpartisan primaries and nonpartisan elections as provided in this chapter, and such nonpartisan primaries and nonpartisan elections shall be conducted in accordance with the applicable provisions of this chapter, notwithstanding the provisions of any existing local law."

MONDAY, FEBRUARY 21, 1983

1387

Section 8. Said title is further amended by striking Code Section 21-2150. relating to the date of the general primary, in its entirety and substitut ing in lieu thereof a new Code Section 21-2-150 to read as follows:
"21-2-150. (a) Whenever any political party holds a primary to nominate candidates for public offices to be filled in the ensuing Novem ber election, such primary shall be held on the second Tuesday in August in each even-numbered year, except as provided in subsection (c) of this Code section.
(b) Whenever any nonpartisan primary is held to nominate candi dates for the office of judge of the state court, judge of the superior court, Judge of the Court of Appeals, and Justice of the Supreme Court to be filled in the ensuing November election, such primary shall be held jointly with the political primaries on the second Tuesday in August in each even-numbered year, except as provided in subsection (c) of this Code section.
(c) Whenever the primary occurs during the same week of the na tional convention of either the political party whose candidates received the highest number of votes or the political party whose candidates re ceived the next highest number of votes in the last presidential election, and general primary shall be conducted on the first Tuesday in August of such year. This subsection shall not apply unless the date of the conven tion of the political party is announced by the political party prior to May 1 of the year in which the general primary is conducted."
Section 9. Said title is further amended by striking Code Section 21-2151. relating to the authorization for a political party to nominate candi dates for public office by primary, in its entirety and substituting in lieu thereof a new Code Section 21-2-151 to read as follows:
"21-2-151. (a) A political party may elect its officials and shall nom inate its candidates for public office in a primary. Except for substitute nominations as provided in Code Section 21-2-134 and nomination of presidential electors, all nominees of a political party for public office shall be nominated in the primary preceding the general election in which the candidates' names will be listed on the ballot.
(b) Candidates for the office of judge of the state courts, judge of the superior courts, Judge of the Court of Appeals, and Justice of the Supreme Court shall be nominated in a nonpartisan primary. Candidates seeking nomination to such judicial offices shall be nominated in the nonpartisan primary preceding the nonpartisan election in which the candi dates' names will be listed on the ballot.
(c) The primary held for such purposes shall be conducted by the superintendent in the same manner as prescribed by law and by rules and regulations of the State Election Board and the superintendent for gen eral elections. Primaries of all political parties and all nonpartisan prima ries shall be conducted jointly."
Section 10. Said title is further amended by striking Code Section 21-2155, relating to reopening of qualification for office in event of death of can-

1388

JOURNAL OF THE SENATE

didate, in its entirety and substituting in lieu thereof a new Code Section 21-2-155 to read as follows:
"21-2-155. (a) In the event of the death of a candidate prior to the date of a political party primary, the state executive committee or other committee of the party authorized by party rule may reopen qualification for the office sought by the deceased candidate for a period of not less than one nor more than three days.
(b) In the event of the death of a candidate prior to the date of a nonpartisan primary, the Secretary of State shall reopen qualifications for the state office and the election superintendent shall reopen qualifica tions for the county office sought by the deceased candidate for a period of not less than one nor more than three days. Any vacancy occurring in any nomination filled by a nonpartisan primary by reason of the death, disqualification, or withdrawal of any candidate therefor, occurring after nomination but before the date of the nonpartisan election shall be filled by substitute nomination made by a special nonpartisan primary. The Secretary of State or election superintendent, as the case may be, shall, upon actual knowledge of the death or disqualification of a candidate or upon written notice of withdrawal by the candidates, issue the call for the special nonpartisan primary and nonpartisan election in accordance with the appropriate general procedures outlined in subsections (b) and (c) of Code Section 21-2-134 even though such office may be a state wide office."
Section 11. Said title is further amended by adding a new Code Section 21-2-284.1 immediately following Code Section 21-2-284 to read as follows:
"21-2-284.1. The names of all candidates seeking nomination in the nonpartisan primary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, and Justice of the Su preme Court shall be printed on the ballot of each political party; and insofar as practicable such offices to be filled in a nonpartisan primary shall be separated from the names of political party candidates by being listed last on each political party ballot, with the top of that portion of the ballot relating to the nonpartisan primary for judges to have printed in prominent type the words 'OFFICIAL NONPARTISAN PRIMARY BALLOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (x) or check (tf mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the names of the nonparti san candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. The incumbency of a nonpartisan candidate seeking nomination for the public office he then holds shall be indicated on the ballots by printing the word 'Incumbent' beside his name. Under the title of each office shall be placed a direction as to the number of nonpartisan candidates to be voted for. The votes cast for each nonpartisan candidate listed on all political party ballots shall be com bined to determine the total number of votes received by each candidate in the nonpartisan primary. In the event that a candidate in such nonpar-

MONDAY, FEBRUARY 21, 1983

1389

tisan primary does not receive a majority of the total votes cast for such office, there shall be a nonpartisan primary runoff between the candidates receiving the two highest numbers of votes for such office; and the names of such candidates shall be placed on each political party ballot at the general primary runoff in the same nonpartisan portion as prescribed in this Code section. If no political party runoff is required, the form of the ballot for the nonpartisan primary runoff shall be prescribed by the Sec retary of State or election superintendent in essentially the same format prescribed for nonpartisan primaries. The candidate receiving a majority of the total votes cast in the nonpartisan primary or the candidate receiv ing the highest number of votes cast in the nonpartisan primary runoff shall be the only candidate for such office to have his name placed on the nonpartisan election ballot, and such person may be referred to as the nominee for such office or as the candidate nominated for such office."
Section 12. Said title is further amended by adding a new Code Section 21-2-285.1 immediately following Code Section 21-2-285 to read as follows:
"21-2-285.1. The names of all candidates nominated in the nonparti san primary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, and Justice of the Supreme Court shall be printed on each official election ballot; and insofar as practicable such offices to be filled in the nonpartisan election shall be separated from the names of candidates for other offices by being listed last on each ballot, with the top of that portion of each official election ballot relating to the nonpartisan election of judges to have printed in prominent type the words 'OFFICIAL NpNPARTISAN ELECTION BALLOT.' Im mediately under this caption the following directions shall be printed: 'Place a cross (x) or check (</) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his name, accom panied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the name of each nonpartisan candidate shall be arranged under the title of the office for which such candidate was nominated in the official nonpartisan primary. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that no candidate in such nonpartisan election receives a majority of the total votes cast for such office, there shall be a nonpartisan election runoff be tween the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the gen eral election runoff in the same manner as prescribed in this Code section for the nonpartisan election. In the event that only nonpartisan candi dates for judges are to be placed on a run-off ballot, the form of the ballot shall be as prescribed by the Secretary of State or election superin tendent in essentially the same format as prescribed for the nonpartisan election of judges. The candidate having a majority of the votes cast in the nonpartisan election or the candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office."
Section 13. Said title is further amended by striking subsections (g),

1390

JOURNAL OF THE SENATE

(h), and (i) of Code Section 21-2-325, relating to the form of ballot labels, in their entirety and substituting in lieu thereof new subsections (g), (h), and (i) to read as follows:
"(g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column, to the left or top of which shall be a straight party or body lever by means of which an elector may, in one operation, vote for all the candidates of that party or body for every office to be voted for, with the exception of candidates for the offices of presidential electors. The names of candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsection (c) and the second sentence of subsection (e) of Code Section 21-2-285. The rows or col umns occupied by the candidates of political parties and bodies shall be arranged according to the priority prescribed by subsection (c) of Code Section 21-2-285. When voting machines are used on which the titles of offices are arranged horizontally, the names of all candidates for the same office shall appear within the same vertical lines. The names of all candidates for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, and Justice of the Supreme Court shall appear on a separate portion of the voting machine in the form and arrangement prescribed in Code Section 21-2-285.1 insofar as practica ble. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.'
(h) In primaries, the ballot labels containing the names of candi dates seeking nomination by a political party shall be segregated on the face of the machine in adjacent rows or columns by parties, the priority of such political parties on the ballot labels to be determined in the order prescribed by subsection (c) of Code Section 21-2-285. In nonpartisan primaries, the ballot labels shall include a separate portion for the names of candidates seeking election in a nonpartisan primary for state and county judicial offices and the heading and arrangement of such candi dates shall be as prescribed by Code Section 21-2-284.1 insofar as practi cable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN PRIMARY BALLOT.'
(i) In primaries, if it shall be impracticable to place on the ballot labels of one machine the names of all candidates seeking nomination in all political parties and the names of all candidates seeking nomination in a nonpartisan primary for state and county judicial offices, the superin tendent may arrange for the names of all the candidates seeking nomina tion in any one political party to be placed on separate voting machines; provided, however, that the names of all candidates seeking nomination in a nonpartisan primary for state and county judicial offices shall appear on all machines."
Section 14. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

MONDAY, FEBRUARY 21, 1983

1391

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Land

Lester McGill McKenzie Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brown of 47th Foster

Hudgins Littlefield

Peevy

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 248. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, relating to public disclosure by candidates of campaign contributions and expenditures, so as to change the definition of expenditure.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

1392

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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Garner Gillis Greene Harris Harrison Hill Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Trulock Turner Tysinger Walker

Voting in the negative was Senator Hine.

Those not voting were Senators:

Barker Foster

Littlefield Thompson

Timmons

On the passage of the bill, the yeas were 50, nays 1.

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 492. By Representatives Benefield, Bailey and Holcomb of the 72nd and others:
A bill to amend Code Section 6-3-21 of the Official Code of Georgia Anno tated, relating to the declaration of property for public governmental and municipal purposes, so as to provide that lands leased by counties, munici-

MONDAY, FEBRUARY 21, 1983

1393

palities, or other political subdivisions to private parties are declared not to be leased for public purposes; to repeal conflicting laws.

HB 107. By Representative Padgett of the 86th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Anno tated, relating to credit for the Employees' Retirement System of Georgia for prior service, so as to provide credit for certain military service.

HB 348. By Representatives Bishop of the 94th, Daugherty of the 33rd, Steinberg of the 46th and others:
A bill to amend Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to labor practices, so as to revise extensively and super sede existing provisions of Article 2 of said chapter, known as the "Fair Employment Practices Act of 1978".

HB 273. By Representative Cummings of the 17th:
A bill to amend Code Section 47-2-1 of the Official Code of Georgia Anno tated, relating to definitions under the Employees' Retirement System of Georgia, so as to change the provisions relative to the definition of employee.

HB 505. By Representatives Walker of the 115th and Evans of the 84th:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions of the State and counties, so as to provide that earnedtime allowances shall not be awarded to certain inmates.

HB 363. By Representative Aiken of the 21st:
A bill to amend Code Section 33-27-1 of the Official Code of Georgia Anno tated, relating to general requirements for policies of group life insurance, so as to increase the maximum coverage for debtors.

HB 236. By Representatives Richardson of the 52nd, Galer of the 97th, Steinberg of the 46th and others:
A bill to amend Code Section 19-3-8 of the Official Code of Georgia Anno tated, relating to the husband being the head of the family, so as no longer to presume one spouse to be head of the family, no longer to have one per son subject to that person's spouse, and no longer to have one person's legal civil existence merged into that person's spouse.

1394

JOURNAL OF THE SENATE

The following bills of the House were read the first time and referred to committees:

HB 107. By Representative Padgett of the 86th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Anno tated, relating to credit for the Employees' Retirement System of Georgia for prior service, so as to provide credit for certain military service.
Referred to Committee on Retirement.

HB 236. By Representatives Richardson of the 52nd, Galer of the 97th, Steinberg of the 46th and others:
A bill to amend Code Section 19-3-8 of the Official Code of Georgia Anno tated, relating to the husband being the head of the family, so as no longer to presume one spouse to be head of the family, no longer to have one per son subject to that person's spouse, and no longer to have one person's legal civil existence merged into that person's spouse.
Referred to Committee on Judiciary and Constitutional Law.

HB 273. By Representative Cummings of the 17th:
A bill to amend Code Section 47-2-1 of the Official Code of Georgia Anno tated, relating to definitions under the Employees' Retirement System of Georgia, so as to change the provisions relative to the definition of employee.
Referred to Committee on Retirement.

HB 348. By Representatives Bishop of the 94th, Daugherty of the 33rd, Steinberg of the 46th and others:
A bill to amend Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to labor practices, so as to revise extensively and super sede existing provisions of Article 2 of said chapter, known as the "Fair Employment Practices Act of 1978".
Referred to Committee on Governmental Operations.

HB 363. By Representative Aiken of the 21st:
A bill to amend Code Section 33-27-1 of the Official Code of Georgia Anno tated, relating to general requirements for policies of group life insurance, so as to increase the maximum coverage for debtors.
Referred to Committee on Insurance.

HB 492. By Representatives Benefield, Bailey, and Holcomb of the 72nd and others:
A bill to amend Code Section 6-3-21 of the Official Code of Georgia Anno tated, relating to the declaration of property for public governmental and municipal purposes, so as to provide that lands leased by counties, munici-

MONDAY, FEBRUARY 21, 1983

1395

palities, or other political subdivisions to private parties are declared not to be leased for public purposes.
Referred to Committee on Federal, State and Community Affairs (General).

HB 505. By Representatives Walker of the 115th and Evans of the 84th:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions of the State and counties, so as to provide that earnedtime allowances shall not be awarded to certain inmates. Referred to Committee on Offender Rehabilitation.
The following general bills of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:

HB 35. By Representatives Snow of the 1st, Karrh of the 109th, Bray of the 91st and others:
A bill to amend Code Section 21-2-501 of the Official Code of Georgia An notated, relating to certain prerequisites and procedures regarding the hold ing of a primary or election, so as to provide that a run-off primary or run off election shall be a continuation of the primary or election and only per sons who were entitled to vote in the primary or election shall be entitled to vote therein.
Senate Sponsor: Senator Deal of the 49th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brantley Broun of 46th Brown of 47th
^ Bufrto11n1 CCoogbgbin
Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Garner Gillis Greene Harris Harr.son
{Hj!in11e HHoolrltoown ay
Howard Hudgins Huggins Kennedy Kidd Lester

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th
Scott of 43rd
StumbaughL
Tate Thompson Trulock Turner Tysinger Walker

1396

JOURNAL OF THE SENATE

Those not voting were Senators:

Barker Brannon

Foster Land

Littlefield Timmons

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 329. By Representatives Rainey of the 135th, Twiggs of the 4th, Irvin of the 11th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Anno tated, relating to hunting licenses, permits, and stamps, so as to authorize the Department of Natural Resources to enter into certain reciprocity agreements with certain states.
Senate Sponsor: Senator Gillis of the 20th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh
Thompson Timmons Trulock Turner Tysinger Walker

MONDAY, FEBRUARY 21, 1983

1397

Those not voting were Senators:

Barker

Foster

Littlefield

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 223. By Senators Land of the 16th, Holloway of the 12th, Thompson of the 32nd and others:
A bill to amend Code Section 40-5-121 of the Official Code of Georgia An notated, relating to driving with a suspended license, so as to change the penalty to be imposed for driving with a suspended license and revoked for certain convictions.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 223:

A BILL TO BE ENTITLED AN ACT
To amend Code Section 40-5-121 of the Official Code of Georgia An notated, relating to driving with a suspended license, so as to change the penalty to be imposed for driving with a suspended and revoked license when such license has been suspended or revoked for certain convictions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-5-121 of the Official Code of Georgia Anno tated, relating to driving with a suspended license, is amended by striking subsection (a) thereof and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) Except when his license has been revoked as an habitual violator under Code Section 40-5-58, any person who drives a motor ve hicle on any public highway of this state at a time when his privilege to do so is suspended or revoked shall be guilty of a misdemeanor and, upon conviction thereof, shall, except as provided in paragraph (2) of this sub section, be punished by imprisonment for not less than two days nor more than six months, and there may be imposed in addition thereto a fine of not more than $500.00.
(2) Except when his license has been revoked as a habitual violator under Code Section 40-5-58, any person who drives a motor vehicle on any public highway of this state at a time when his privilege to do so is suspended or revoked because such person was convicted of homicide by vehicle, manslaughter resulting from the operation of a vehicle, or driv ing or being in actual physical control of a motor vehicle while under the

1398

JOURNAL OF THE SENATE

influence of alcohol or drugs shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $750.00, which fine shall not be subject to suspension, stay, or probation and there may be imposed in addition thereto a period of imprisonment for not less than two days nor more than six months, which period of imprisonment, if imposed, may be suspended, stayed, or probated."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Land of the 16th offered the following amendment:
Amend the substitute to SB 223 offered by the Senate Committee on Judiciary and Constitutional Law by striking on Page 1, line 26, the word "a" and inserting in lieu thereof the word "an".

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Kennedy Kidd

Land Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons

MONDAY, FEBRUARY 21, 1983

1399

Trulock Turner

Tysinger

Walker

Those not voting were Senators:

Barker Foster

Hudgins

Huggins

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bill of the Senate, having been read the third time on Feb ruary 18 and postponed until February 21, was put upon its passage:

SB 174. By Senators Gillis of the 20th, English of the 21st, Walker of the 19th and others:
A bill to amend Code Section 12-3-10 of the Official Code of Georgia Anno tated, relating to requirements applicable to parks, historic sites, and recrea tional areas under the custody and control of the Department of Natural Resources, so as to establish hours of operation for certain types of boats at certain state park lakes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On 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 Burton Cobb Coggin Coleman Coverdell

Dawkins Deal Dean English Engram Fincher Garner Gillis Greene Harris Harrison Hill Hine Holloway

Horton Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy Perry Phillips

1400

JOURNAL OF THE SENATE

Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh

Tate Thompson Trulock

Turner Tysinger Walker

Those not voting were Senators:

Barker Foster

Starr

Timmons

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following resolution of the Senate, having been read the third time and adopted on February 18, reconsidered previously today and placed at the foot of the Senate Rules Calendar for today, was put upon its adoption:

SR 86. By Senators Land of the 16th, Lester of the 23rd, Garner of the 30th and others:
A resolution relative to the federal appeals process regarding imposition of the death penalty.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Dean English

Engram Fincher Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy

Land Lester McGill McKenzie Perry Phillips Starr Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

MONDAY, FEBRUARY 21, 1983

1401

Those voting in the negative were Senators:

Allgood Bond Deal Kidd

Littlefield Peevy Scott of 2nd

Scott of 36th Scott of 43rd Tate

Those not voting were Senators:

Barker

Foster

Hill

Coleman

On the adoption of the resolution, the yeas were 42, nays 10.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 3:12 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

1402

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, February 22, 1983 Thirty-third Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 298. By Representatives Milford and Clark of the 13th:
A bill to amend Chapter 35 of Title 36 of the Official Code of Georgia Annotated, known as the "Municipal Home Rule Act of 1965," so as to limit the authority of the largest municipal corporation of a county with a population of not less than 74,400 and not more than 74,600 to adopt ordi nances, rules, and regulations relating to the charging of fees for certain municipal services.

HB 534. By Representatives Walker of the 85th, Barnes of the 90th, Cheeks of the 89th and Brown of the 88th:
A bill to amend an Act creating the board of commissioners of Richmond County, so as to change the composition of the board and the qualifications for, terms of, and manner of electing members and chairman of the board.

HB 660. By Representative Jackson of the 65th:
A bill to amend an Act placing the sheriff of Walton County on a salary in lieu of the fee system of compensation, so as to change certain provisions relative to the personnel of the sheriff.

TUESDAY, FEBRUARY 22, 1983

1403

HB 668. By Repesentatives Twiggs and Colwell of the 4th:
A bill to amend an Act creating the board of commissioners of Rabun County, so as to change the compensation of the chairman and members of the board of commissioners.

HB 676. By Representative Lord of the 107th:
A bill to amend an Act creating a new charter for the Town of Oconee, so as to change the fines and punishments which may be imposed by the mayor or recorder's court.

HB 677. By Representatives Snow and Hays of the 1st and Crawford of the 5th:
A bill to amend an Act placing the probate judge of Walker County on a salary, so as to change the maximum amount of compensation of personnel.

HB 678. 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 Walker County, so as to change the compensation of the personnel of the tax com missioner's office.

HB 46. By Representatives Bray of the 91st and Williams of the 6th:
A bill to amend Code Section 34-7-4 of the Official Code of Georgia Anno tated, relating to the payment of a deceased employee's outstanding wages or other moneys to surviving spouse or children generally, so as to require an employee to provide certain information to an employer.

HB 79. By Representative Robinson of the 58th:
A bill to amend Chapter 4 of Title 29 of the Official Code of Georgia Anno tated, relating to guardians of minors, so as to provide for the appointment, in certain cases, of a temporary guardian for a minor when the actual whereabouts of one or both of the minor's natural guardians are unknown or when the minor is alleged by the person having actual custody of such minor to be in need of a guardian.

HB 340. By Representative Greer of the 39th:
A bill to amend an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to specify the compensation of members of the Authority's Board of Directors.

HB 407. By Representatives Coleman of the 118th, Colwell of the 4th and Hayes of the 1st:
A bill to amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other person nel of the Department of Offender Rehabilitation, so as to confer upon ca nine handlers employed by the Department of Offender Rehabilitation all of

1404

JOURNAL OF THE SENATE

the powers of a police officer of this state when engaged in their official duties.

HB 438. By Representatives Robinson of the S8th, Linder of the 44th, Richardson of the 52nd and others:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Anno tated, relating to state parks, historic areas, memorials, and associations so as to create the Stone Mountain State Park Authority as the successor to and a continuation of the Stone Mountain Memorial Association.

HB 478. By Representatives Lawson of the 9th, Thomas of the 69th and Darden of the 20th:
A bill to amend Article 2 of Chaper 8 of Title 17, relating to continuances in criminal cases, so as to provide that, when a case is subject to continuance because the attorney is a member of the General Assembly, the party shall not be required to be present at the call of the case.

HB 585. By Representatives Ray of the 98th, Russell of the 64th, Edwards of the 112th and others:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to provide that facilities licensed by the Department of Human Resources pursuant to said chapter shall be required to have an approved disaster preparedness plan.

HB 679. By Representatives Snow and Hays of the 1st and Crawford of the 5th:
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 person nel of the clerk's office.

HB 682. By Representative Hanner of the 131st:
A bill to amend an Act creating a board of commissioners of Clay County, so as to change the commissioner districts in said county.

HB 705. By Representatives Cox of the 141st and Long of the 142nd:
A bill to create and establish an airport authority in all counties of this state having a population of not less than 25,400 nor more than 25,900 according to the United States decennial census of 1980 or any future such census and to provide for the powers of the authority.

HB 356. By Representative Marcus of the 26th:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia An notated, relating to the levy by counties and municipalities of an excise tax

TUESDAY, FEBRUARY 22, 1983

1405

on charges to the public for lodgings, so as to provide an additional exemp tion from such tax.

HB 297. By Representatives Murphy of the 18th, Ross of the 82nd, Moody of the 153rd and others:
A bill to amend Code Section 20-2-187 of the Official Code of Georgia An notated, relating to the amount and use of funds for pupil transportation under the "Adequate Program for Education in Georgia Act," so as to change the provisions relating to minimum salaries for school bus drivers.

HB 548. By Representatives Hays of the 1st, Oliver of the 121st and Colwell of the 4th:
A bill to amend Code Section 42-5-36 of the Official Code of Georgia Anno tated, relating to confidentiality of information supplied by inmates and pen alties for the breach thereof, so as to extend the status of privileged informa tion and secrets of the state to investigation reports and intelligence data prepared by the Internal Investigations Unit of the Department of Offender Rehabilitation.

HB 528. By Representatives Smith of the 152nd, Russell of the 64th, Richardson of the 52nd and others:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance, so as to direct the De partment of Human Resouces to carry out the preadmission screening and utilization review functions required for the receipt of federal funds by the Department of Medical Assistance.

HB 606. By Representatives Lee of the 72nd, Murphy of the 18th, Burruss of the 20th and others:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, generally, so as to prohibit certain conduct by public officials and public employees; to provide a code of ethics for pub lic servants.

HB 707. By Representative Groover of the 99th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to laws applicable to the General Assembly, so as to recog nize certain constitutional principles.

HB 196. By Representative McDonald of the 12th:
A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Anno tated, relating to the Georgia Firemen's Pension Fund, so as to redefine cer tain terms, including the terms "fireman" and "volunteer fireman" as such terms are used to define eligibility.

1406

JOURNAL OF THE SENATE

The House has adopted by the requisite constitutional majority the following reso lutions of the House:

HR 255. By Representatives Lambert of the 66th and Connell of the 87th:
A resolution recommending that the Georgia Building Authority preserve and restore the Georgia Railroad Freight Depot and use it to house the state museum.

HR 256. By Representatives Murphy of the 18th and Connell of the 87th: A resolution endorsing the efforts of the "Friends of Oglethorpe."

HR 258. By Representative Moore of the 139th: A resolution commending the Coffee High School Football Team.

HR 211. By Representatives Phillips of the 120th and Murphy of the 18th: A resolution relating to registered dietitians.

The House has agreed to the Senate amendment to the following bill of the House:

HB 498. By Representatives Benefield, Bailey, and Lee of the 72nd and others:
A bill to amend an Act creating the State Court of Clayton County, so as to change the provisions relating to the compensation of the judges and solici tor of said court.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 238. By Senator Kidd of the 25th:
A bill to amend an Act creating a new charter for the City of Milledgeville, as amended, so as to change the provisions relating to the election and terms of office of the mayor and aldermen.

The House has passed by the requisite constitutional majority the following bill of the House:

HB 530. By Representative Couch of the 40th:
A bill to amend Code Section 48-5-45 of the Official Code of Georgia Anno tated, relating to application for homestead exemption, so as to change the date for filing application for homestead exemption in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.

TUESDAY, FEBRUARY 22, 1983

1407

The House has passed by the requisite constitutional majority the following bills of the House:

HB 385. By Representatives Chambless of the 133rd, Ginsberg of the 122nd, Rainey of the 135th and others:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry certain firearms, so as to change the requirements as to the search of certain records.

HB 287. By Representative Mostiler of the 75th:
A bill to amend Code Section 8-2-135 of the Official Code of Georgia Anno tated, relating to licenses for manufactured homes, so as to provide for a change in manufacturing fees.

HB 513. By Representative Ross of the 82nd:
A bill to amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to recreation leaders and therapeutic recreation techni cians, so as to change the termination date of the State Board of Recreation Examiners and the date of repeal of laws relating to such board.

HB 568. By Representatives Lucas of the 102nd and Adams of the 16th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used car dealers, so as to revise the laws regulating used car dealers.

HB 93. By Representative Colbert of the 23rd:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to require liability insurance providing certain coverages for motorcycles; to define a certain term.

HB 545. By Representatives Clark of the 55th and Steinberg of the 46th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to prohibit the failure to comply with certain provisions concerning billing for hospital and long-term care services.

The following bills of the Senate were introduced, read the first time and referred to committees:

SB 294. By Senator Bryant of the 3rd:
A bill to amend an Act providing for the appointment and terms of office of members of the Liberty County Industrial Authority, as amended, so as to

1408

JOURNAL OF THE SENATE

clarify the definition of the term "project"; to clarify the powers of the authority.
Referred to Committee on Federal, State and Community Affairs.

SB 295. By Senator Mine of the 52nd:
A bill to amend an Act creating a new charter for the City of Rome, as amended, so as to provide for an additional member of the board of educa tion; to provide for qualifications for election to the board of education.
Referred to Committee on Federal, State and Community Affairs.

SB 296. By Senator Bowen of the 13th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Dooly County into the office of tax commissioner of Dooly County, as amended, so as to change the compensation provisions relating to the tax commissioner.
Referred to Committee on Federal, State and Community Affairs.

SB 297. By Senator Burton of the 5th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as substantially to revise, modernize, and super sede Chapter 3, relating to access to and use of public buildings by physi cally handicapped persons.
Referred to Committee on Governmental Operations.

SB 298. By Senator Greene of the 26th:
A bill to amend an Act providing a new charter for the City of Macon, as amended, so as to change the corporate limits of said city.
Referred to Committee on Federal, State and Community Affairs.

SB 299. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the compensation of the mayor and alder man of said city.
Referred to Committee on Federal, State and Community Affairs.

The following bills and resolutions of the House were read the first time and re ferred to committees:

HB 46. By Representatives Bray of the 91st and Williams of the 6th:
A bill to amend Code Section 34-7-4 of the Official Code of Georgia Anno tated, relating to the payment of a deceased employee's outstanding wages

TUESDAY, FEBRUARY 22, 1983

1409

or other moneys to surviving spouse or children generally, so as to require an employee to provide certain information to an employer.
Referred to Committee on Judiciary and Constitutional Law.

HB 79. By Representative Robinson of the 58th:
A bill to amend Chapter 4 of Title 29 of the Official Code of Georgia Anno tated, relating to guardians of minors, so as to provide for the appointment, in certain cases, of a temporary guardian for a minor when the actual whereabouts of one or both of the minor's natural guardians are unknown or when the minor is alleged by the person having actual custody of such minor to be in need of a guardian.
Referred to Committee on Children and Youth.

HB 93. By Representative Colbert of the 23rd:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to require liability insurance providing certain coverages for motorcycles; to define a certain term.
Referred to Committee on Insurance.

HB 196. By Representative McDonald of the 12th:
A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Anno tated, relating to the Georgia Firemen's Pension Fund, so as to redefine cer tain terms, including the terms "fireman" and "volunteer fireman" as such terms are used to define eligibility.
Referred to Committee on Retirement.

HB 287. By Representative Mostiler of the 75th:
A bill to amend Code Section 8-2-135 of the Official Code of Georgia Anno tated, relating to licenses for manufactured homes, so as to provide for a change in manufacturing fees.
Referred to Committee on Economic Development and Tourism.

HB 297. By Representatives Murphy of the 18th, Ross of the 82nd, Moody of the 153rd and others:
A bill to amend Code Section 20-2-187 of the Official Code of Georgia An notated, relating to the amount and use of funds for pupil transportation under the "Adequate Program for Education in Georgia Act," so as to change the provisions relating to minimum salaries for school bus drivers.
Referred to Committee on Appropriations.

1410

JOURNAL OF THE SENATE

HB 340. By Representative Greer of the 39th:
A bill to amend an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to specify the compensation of the members of the Authority's Board of Directors.
Referred to Committee on Federal, State and Community Affairs (General).

HB 356. By Representative Marcus of the 26th:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia An notated, relating to the levy by counties and municipalities of an excise tax on charges to the public for lodgings, so as to provide an additional exemp tion from such tax.
Referred to Committee on Banking and Finance.

HB 385. By Representatives Chambless of the 133rd, Ginsberg of the 122nd, Rainey of the 135th and others:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry certain firearms so as to change the requirements as to the search of certain records.
Referred to Committee on Judiciary.

HB 407. By Representatives Coleman of the 118th, Colwell of the 4th and Hays of the 1st:
A bill to amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other person nel of the Department of Offender Rehabilitation, so as to confer upon ca nine handlers employed by the Department of Offender Rehabilitation all of the powers of a police officer of this state when engaged in their official duties.
Referred to Committee on Offender Rehabilitation.

HB 438. By Representatives Robinson of the 58th, Linder of the 44th, Richardson of the 52nd and others:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Anno tated, relating to state parks, historic areas, memorials, and associations, so as to create the Stone Mountain State Park Authority as the successor to and a continuation of the Stone Mountain Memorial Association.
Referred to Committee on Economic Development and Tourism.

HB 478. By Representatives Lawson of the 9th, Thomas of the 69th and Darden of the 20th:
A bill to amend Article 2 of Chapter 8 of Title 17, relating to continuances in criminal cases, so as to provide that, when a case is subject to continuance because the attorney is a member of the General Assembly, the party shall not be required to be present at the call of the case.
Referred to Committee on Judiciary.

TUESDAY, FEBRUARY 22, 1983

1411

HB 513. By Representative Ross of the 82nd:
A bill to amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to recreation leaders and therapeutic recreation techni cians, so as to change the termination date of the State Board of Recreation Examiners and the date of repeal of laws relating to such board.
Referred to Committee on Natural Resources and Environmental Quality.

HB 528. By Representatives Smith of the 152nd, Russell of the 64th, Richardson of the 52nd and others:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance, so as to direct the De partment of Human Resources to carry out the preadmission screening and utilization review functions required for the receipt of federal funds by the Department of Medical Assistance.
Referred to Committee on Human Resources.

HB 530. By Representative Couch of the 40th:
A bill to amend Code Section 48-5-45 of the Official Code of Georgia Anno tated, relating to application for homestead exemption, so as to change the date for filing application for homestead exemption in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.
Referred to Committee on Banking and Finance.

HB 545. By Representatives Clark of the 55th and Steinberg of the 46th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to prohibit the failure to comply with certain provisions concerning billing for hospital and long-term care services.
Referred to Committee on Human Resources.

HB 548. By Representatives Hays of the 1st, Oliver of the 121st and Colwell of the 4th:
A bill to amend Code Section 42-5-36 of the Official Code of Georgia Anno tated, relating to confidentiality of information supplied by inmates and pen alties for the breach thereof, so as to extend the status of privileged informa tion and secrets of the state to investigation reports and intelligence data prepared by the Internal Investigations Unit of the Department of Offender Rehabilitation.
Referred to Committee on Offender Rehabilitation.

1412

JOURNAL OF THE SENATE

HB 568. By Representatives Lucas of the 102nd and Adams of the 16th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used car dealers, so as to revise the laws regulating used car dealers.
Referred to Committee on Consumer Affairs.

HB 585. By Representatives Ray of the 98th, Russell of the 64th, Edwards of the 112th and others:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to provide that facilities licensed by the Department of Human Resources pursuant to said chapter shall be required to have an approved disaster preparedness plan.
Referred to Committee on Human Resources.

HB 606. By Representatives Lee of the 72nd, Murphy of the 18th, Burruss of the 20th and others:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, generally, so as to prohibit certain conduct by public officials and public employees; to provide a code of ethics for pub lic servants.
Referred to Committee on Governmental Operations.

HB 707. By Representative Groover of the 99th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to laws applicable to the General Assembly, so as to recog nize certain constitutional principles.
Referred to Committee on Judiciary and Constitutional Law.

HR 211. By Representatives Phillips of the 120th and Murphy of the 18th: A resolution relating to registered dietitians.
Referred to Committee on Consumer Affairs.

HR 255. By Representatives Lambert of the 66th and Connell of the 87th:
A resolution recommending that the Georgia Building Authority preserve and restore the Georgia Railroad Freight Depot and use it to house the state museum.
Referred to Committee on Economic Development and Tourism.

HB 298. By Representatives Milford and Clark of the 13th:
A bill to amend Chapter 35 of Title 36 of the Official Code of Georgia Annotated, known as "The Municipal Home Rule Act of 1965," so as to limit the authority of the largest municipal corporation of a county with a

TUESDAY, FEBRUARY 22, 1983

1413

j

population of not less than 74,400 and not more than 74,600 to adopt ordi-

I

nances, rules, and regulations relating to the charging of fees for certain

;

municipal services.

Referred to Committee on Federal, State and Community Affairs.

HB 534. By Representatives Walker of the 85th, Barnes of the 90th, Cheeks of the 89th and Brown of the 88th:
A bill to amend an Act creating the board of commissioners of Richmond County, so as to change the composition of the board and the qualifications for, terms of, and manner of electing members and chairman of the board.
Referred to Committee on Federal, State and Community Affairs.

HB 660. By Representative Jackson of the 65th:
A bill to amend an Act placing the sheriff of Walton County on a salary in lieu of the fee system of compensation, so as to change certain provisions relative to the personnel of the sheriff.
Referred to Committee on Federal, State and Community Affairs.
4
i HB 668. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act creating the board of commissioners of Rabun County, so as to change the compensation of the chairman and members of the board of commissioners.
Referred to Committee on Federal, State and Community Affairs.

HB 676. By Representative Lord of the 107th:
A bill to amend an Act creating a new charter for the Town of Oconee, so as to change the fines and punishments which may be imposed by the mayor or recorder's court.
Referred to Committee on Federal, State and Community Affairs.

HB 677. By Representatives Snow and Hays of the 1st and Crawford of the 5th:
A bill to amend an Act placing the probate judge of Walker County on a salary, so as to change the maximum amount of compensation of personnel.
Referred to Committee on Federal, State and Community Affairs.

HB 678. 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 Walker County, so as to change the compensation of the personnel of the tax com missioner's office.
Referred to Committee on Federal, State and Community Affairs.

1414

JOURNAL OF THE SENATE

HB 679. By Representatives Snow and Hays of the 1st and Crawford of the 5th:
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 person nel of the clerk's office.
Referred to Committee on Federal, State and Community Affairs.

HB 682. By Representative Hanner of the 131st:
A bill to amend an Act creating a board of commissioners of Clay County, so as to change the commissioner districts in said county.
Referred to Committee on Federal, State and Community Affairs.

HB 705. By Representatives Cox of the 141st and Long of the 142nd:
A bill to create and establish an airport authority in all counties of this state having a population of not less than 25,400 nor more than 25,900 according to the United States decennial census of 1980 or any future such census and to provide for the powers of the authority.
Referred to Committee on Federal, State and Community Affairs.

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 follow ing recommendation:
HB 541. Do pass.
Respectfully submitted,
Senator McGill of the 24th District, Chairman

Mr. President:

The Committee on Appropriations has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 126. HB 119. HB 189.

Do pass. Do pass. Do pass by substitute.

Respectfully submitted,

Senator Starr of the 44th District, Chairman

TUESDAY, FEBRUARY 22, 1983

1415

Mr. President:

The Committee on Banking and Finance 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 230. HB 427. HB 627.

Do pass by substitute. Do pass. Do pass.

Respectfully submitted,

Senator Lester of the 23rd District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation 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 265. SB 287. SB 289. HB 85. HB 410. IHTTB. 5cc57~,. HB 558.
HB 561.
HB 574.

Do pass. Do pass. Do pass. Do pass. Do pass. ^Do pass. Do pass.
Do pass.
Do pass.

HB 590. HB 607. ,,,, 6 , 2 ,,H_B 6,1,,3. HB 63HB 63L HB 632. HB 641.

Do pass. Do pass. DQ pass D_ o pass.
Do vPassDo Do pass.
Do pass.

Respectfully submitted,

Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the fol lowing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 327. Do pass by substitute.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

1416 Mr. President:

JOURNAL OF THE SENATE

The Committee on Governmental Operations has had under consideration the fol lowing bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 245. Do pass as amended. HB 485. Do pass.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills and resolution of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:

HB 12. HB 121. HB 127.

Do pass as amended. Do pass by substitute. Do pass.

HB 135. Do pass. SR 125. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law 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 83. Do pass.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Offender Rehabilitation has had under consideration the fol lowing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:

TUESDAY, FEBRUARY 22, 1983

1417

HB 505. Do pass.

Respectfully submitted, Senator Garner of the 30th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following reso lutions of the House and has instructed me to report the same back to the Senate with the following recommendations:

HR 15. Do pass. HR 106. Do pass.

HR 154. Do pass. HR 158. Do pass. Respectfully submitted, Senator Brown of the 47th 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 follow ing recommendation:
HB 266. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolution of the House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HR 167. Do pass.
Respectfully submitted,
Senator Dean of the 31st District, Chairman

1418

JOURNAL OF THE SENATE

The following bills of the Senate and House were read the second time:

SB 286. By Senator Fincher of the 54th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institu tions, so as to provide requirements for nursing homes.

HB 75. By Representatives Childers and McKelvey of the 15th, Richardson of the 52nd and Murphy of the 18th:
A bill to amend Code Section 48-5-291 of the Official Code of Georgia An notated, relating to qualifications for members of county boards of tax asses sors, so as to remove the requirement that a member be 72 years of age or less.

HB 555. By Representatives Burruss, Lawler and Thompson of the 20th and others:
A bill to amend Code Section 36-35-2 of the Official Code of Georgia Anno tated, relating to changes of municipal boundaries, so as to prohibit local annexation of certain property for a period of five years.

HB 636. By Representatives Martin of the 60th, Millsaps of the 61st, Russell of the 64th and others:
A bill to amend an Act creating a new board of commissioners of Gwinnett County, so as to change the composition of the districts from which mem bers of the board are elected.

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 273. By Senator Kidd of the 25th:
A bill to provide for the appointment of the chief magistrate and other mag istrates of the Magistrate Court of Jones County; to provide for terms of office.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 22, 1983

1419

SB 274. By Senator Kidd of the 25th:
A bill to amend an Act placing the judge of the Probate Court of Baldwin County upon an annual salary, as amended, so as to change the provisions relating to the compensation of the judge of the probate court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 275. By Senator Kidd of the 25th:
A bill to amend an Act creating a new board of commissioners of Jones County, as amended, so as to provide for the election of board members from districts.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 276. By Senator Kidd of the 25th:
A bill to provide for the appointment of the chief magistrate and other mag istrates of the Magistrate Court of Hancock County; to provide for terms of office.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 278. By Senators Harrison of the 37th, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner of Cobb

1420

JOURNAL OF THE SENATE

County, as amended, so as to change the provisions relating to the compen sation of the tax commissioner and his chief clerk.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 279. By Senators Harrison of the 37th, Brantley of the 56th and Thompson of the 32nd:
A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, as amended, so as to change the boundaries of the seven education districts; to provide for applicability.

Senator Harrison of the 37th offered the following amendment:
Amend SB 279 by deleting on Page 11, line 21, the word "Chatham" and inserting in lieu thereof the word "Cheatham".

On the adoption of the amendment, the yeas were 52, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 280. By Senators Harrison of the 37th, Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, as amended, so as to change the provisions relating to the compensation of the chairman and other mem bers of the board of education.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 22, 1983

1421

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 408. By Representatives Lee, Benefield and Bailey of the 72nd and others:
A bill to provide that the tax commissioner of Clayton County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Clayton County to reimburse the county for the cost of collecting school taxes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 575. By Representatives Parham of the 105th and Lord of the 107th:
A bill to amend an Act providing for the election of members of the board of education of Baldwin County, so as to delete certain provisions regarding compensation and expenses of the board.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 577. By Representative Barnett of the 10th:
A bill to amend an Act creating a board of commissioners of Forsyth County, so as to change the composition of the districts from which the members of the board are elected.

The report 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.

1422

JOURNAL OF THE SENATE

HB 578. By Representative Barnett of the 10th:
A bill to change the composition of the districts from which members of the board of education of Forsyth County are elected.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 587. By Representatives Jackson, Wood and Lawson of the 9th:
A bill to provide for and describe boundaries for the districts for the Board of Education of the Hall 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 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 595. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act placing the clerk of the superior court of Rabun County on an annual salary, so as to change the compensation of the clerk of the superior court.

The report 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 601. By Representatives Brown of the 154th and Chance of the 129th:
A bill to abolish the present mode of compensating the judge of the Probate Court of Liberty County, known as the fee system; to provide in lieu thereof an annual salary.

TUESDAY, FEBRUARY 22, 1983

1423

.;

The report of the committee, which was favorable to the passage of the bill, was

I agreed to.

j
On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 621. By Representatives Chambless of the 133rd, Young of the 134th, Balkcom of the 140th and White of the 132nd:

:

A bill to amend an Act placing certain county officers of Dougherty County

upon an annual salary, so as to provide for county supplements to the sher

iff, clerk of the superior court, and judge of the probate court of Dougherty

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.

t

The bill, having received the requisite constitutional majority, was passed.

The President called for the morning roll call, and the following Senators an swered to their names:

Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Holloway Horton Howard Hudgins Huggins Kennedy Kidd

Land Lester Littlefield McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not answering were Senators:

Bond

McGill

Timmons

Hine

Scott of 36th

1424

JOURNAL OF THE SENATE

Senator Lester of the 23rd introduced the chaplain of the day, Reverend Robert Daniel, of Augusta, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate and House were read and adopted:

SR 138. By Senator Hudgins of the 15th: A resolution commending Honorable Aaron Cohn.

SR 139. By Senator Garner of the 30th: A resolution relative to Youth Art Month in Georgia.

HR 256. By Representatives Murphy of the 18th and Connell of the 87th: A resolution endorsing the efforts of the "Friends of Oglethorpe".

HR 258. By Representative Moore of the 139th: A resolution commending the Coffee High School Football Team.

The following resolution of the House, favorably reported by the committee, was read and put upon upon its adoption:

HR 167. By Representatives Lee, Bailey and Johnson of the 72nd and others:
A resolution urging the Clayton County Board of Education to appeal the recent federal district court decision regarding the establishment clause of the First Amendment.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

The resolution was adopted.

SENATE RULES CALENDAR

Tuesday, February 22, 1983

THIRTY-THIRD LEGISLATIVE DAY

SB 283 SR 112

Loans Secured by Interest in Real Estate--claim of violation (B&F--15th)
Glynn County--conveyance of property to Mrs. Margaret Burke White (Pub U--42nd)

TUESDAY, FEBRUARY 22, 1983

1425

SB 282 SR 121 SB 277 SB 203 SB 241 SB 270 SB 212 SR 111 SB 103 SB 101 SB 237 SB 226 HB 188 HB 477 HB 308 HR 107 HB 347 HB 428 HB 357 HB 447 HB 250 HR 64 HB 179 HB 116

Development Authority--redefine "project" concerning hotel/motel (J&CL--33rd)
Amphetamines--Board of Medical Examiners develop regulations on abuse (Hum R--42nd)
Public Works Contracts Awarding--domestic lumber products (I&L--20th)
Public Records--those with personal information not open for inspec tion (AMENDMENT) (Gov Op--33rd)
Insurance Companies Selling Salvage Automobiles to Vehicle Parts Dealer--dealer must be licensed (Ins-- 55th)
Investigation of Application for License under Industrial Loan Act--hearings (B&F--23rd)
Practice of Naturopathy--change provisions and definition (SUBSTI TUTE) (Hum R--30th)
Chatham County--conveyance of state owned property (Pub U--1st)
DUI--no change in charge except under certain conditions (AMENDMENT) (Judy--42nd)
Abandoned Motor Vehicles--change provisions on unattended, aban doned (SUBSTITUTE) (Judy--35th)
Psychological Evaluation of Convicted--forward to certain offices of Offender Rehabilitation (Off R--30th)
Release of Defendant--victims, witnesses notified of release (Off R--34th)
Corporation--number of directors required (I&L -- 28th)
Public Utilities, Transportation--define private carrier (Trns--12th)
Military Scholarships--accept army commission and serve (SUBSTI TUTE) (H Ed-46th)
Butts County--conveyance of an estate to Jackson (Pub U--17th)
Insurance Companies--may write prepaid legal services plans (Ins--55th)
Residential Finance Authority--change membership (B&F--23rd)
Motor Common Carrier--temporary emergency authority to operate (Trns--12th)
Fishing License--reduce to $10.00 for residents (NREQ--20th)
Employment Security Law--increase maximum weekly benefit amount (I&L--29th)
Spalding County--State may sell certain tract of property (Pub U--28th)
Arrest Bonds, Guaranteed--foreign insurance companies permissible (Ins--54th)
City Courts--dispose of criminal cases, possession of 1 ounce of mari juana (Judy--30th)

1426

JOURNAL OF THE SENATE

HB 313 HB 6

Death Penalty--notify Attorney General and attorneys of date of exe cution (J&CL--26th)
Code (Alcoholic Treatment)--delay effective date of certain articles (Hum R--32nd)
Respectfully submitted,
/s/ Dean of the 31st, Chairman Senate Rules Committee

The following general bills and resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 283. By Senator Hudgins of the 15th:
A bill to amend Chapter 4 of Title 7 of the Official Code of Georgia Anno tated, relating to interest and usury, so as to provide that a claim of viola tion on any loan secured by an interest in real estate may be asserted in an individual action only and may not be the subject of a class action.

Senators Allgood of the 22nd and Barnes of the 33rd offered the following amendment:
Amend SB 283 by adding a new paragraph on Page 1 at the end of line 17 as follows:
"Nothing contained in this Act shall be construed to affect any class action which was pending in any court of this state, including any United States Courts, on February 15, 1983, as to the parties to and subject matter then before such court."

On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, 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 Brannon Brantley Broun of 46th Brown of 47th

Bryant Burton Cobb Coggin Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis

TUESDAY, FEBRUARY 22, 1983

1427

Greene Harris Harrison Hill Holloway Horton Howard Hudgins Huggins Kennedy

Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd

Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Hine.

Those not voting were Senators:

Bond Bowen

Cpleman Littlefield

Scott of 36th

On the passage of the bill, the yeas were 50, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

SR 112. By Senator Howard of the 42nd:
A resolution authorizing the conveyance of certain real property located in Glynn County, Georgia, to Mrs. Margaret Burke White.

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 Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Dawkins

Deal Dean Engram Fincher Foster Garner Gillis Greene Harris Harrison

Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

1428
Lester Littlefield McGill McKenzie Peevy Perry

JOURNAL OF THE SENATE

Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Tate

Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker
Bond Bryant

Coggin
Coleman Coverdell

English Scott of 36th

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 282. By Senator Barnes of the 33rd:
A bill to amend Code Section 36-62-2 of the Official Code of Georgia Anno tated, relating to definitions concerning development authorities, so as to change the definition of the term "project" whenever used in connection with hotel and motel facilities; to provide an effective date.

Senator Barnes of the 33rd offered the following amendment:
Amend SB 282 by striking lines 15 through 17 on Page 1 in their en tirety and substituting in lieu thereof the following:
"also may provide meals, provided that such facilities are con structed to serve airports, state and local industrial parks, fairs, conven tion, sports, or trade show facilities. No".

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

Senator Deal of the 49th offered the following amendment:
Amend SB 282 by adding on line 11 after the word "entirety" a period (".") and by striking the remaining portions of lines 11, 12, 13, 14, 15, 16, 17, 18 and 19.

TUESDAY, FEBRUARY 22, 1983

1429

On the adoption of the amendment, Senator Deal of the 49th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Brannon Broun of 46th Burton Cobb Coverdell Dawkins Deal

Engram Fincher Garner Harris Harrison Hill Horton

Huggins Land Peevy Phillips Scott of 43rd Trulock Tysinger

Those voting in the negative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Brown of 47th Bryant Coggin Coleman Dean English

Foster Gillis Hine Holloway Howard Hudgins Kennedy Kidd Lester Littlefield McGill

McKenzie Perry Scott of 2nd Scott of 36th Starr Stumbaugh Tate Thompson Timmons Turner Walker

Not voting was Senator Greene.

On the adoption of the amendment, the yeas were 21, nays 34, and the amend ment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coggin

Coleman Coverdell Dawkins Deal Dean English Fincher Foster Gillis Greene Harris Harrison

Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield McGill

1430

JOURNAL OF THE SENATE

McKenzie Peevy Perry
Phillips Scott of 2nd

Scott of 36th Scott of 43rd Starr
Stumbaugh Tate

Thompson Timmons Turner
Tysinger Walker

Those voting in the negative were Senators:

Cobb

Garner

Hill

Engram

Not voting was Senator Trulock.

On the passage of the bill, the yeas were 51, nays 4.

The bill, having received the requisite constitutional majority, was passed as amended.

SR 121. By Senators Howard of the 42nd and Kidd of the 25th:
A resolution directing the Composite State Board of Medical Examiners to develop and adopt appropriate rules and regulations relating to the abuse of amphetamines and amphetamine-like drugs.

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 as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins

Deal Dean English Engram Fincher Foster Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins

Huggins Kennedy Kidd Land Lester Littlefield McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh

TUESDAY, FEBRUARY 22, 1983

1431

Tate Thompson Timmons

Trulock Turner

Tysinger Walker

Those not voting were Senators:

Broun of 46th Garner

Gillis

McKenzie

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 238. By Senator Kidd of the 25th:
A bill to amend an Act creating a new charter for the City of Milledgeville, as amended, so as to change the provisions relating to the election and terms of office of the mayor and aldermen.

The House substitute to SB 238 was as follows:

A BILL TO BE ENTITLED AN ACT
To amend an Act creating a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, so as to change the provisions relating to the election and terms of office of the mayor and aldermen; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, is amended by striking Section 5 and Section 5A in their entirety and substi tuting in lieu thereof new Sections 5 and 5A to read as follows:
"Section 5. (a) For the purpose of electing the six aldermen of the City of Milledgeville, the city is divided into six election districts as follows:
District No. 1
Tract 9902 That part of Blocks 133, 138, 140, and 240 within the City of

1432

JOURNAL OF THE SENATE

Milledgeville Blocks 301 through 307 and 341 Tract 9903 That part of Blocks 119, 120, and 123
within the City of Milledgeville Blocks 126 through 134 That part of Block 135 within the
City of Milledgeville Blocks 136 through 156, 304, and 305 That part of Blocks 306 and 307 within
the City of Milledgeville Block 308
District No. 2
Tract 9903 Blocks 218 through 223
Tract 9904 Those parts of Blocks 201 and 202 within the City of Milledgeville Blocks 203 and 204 That part of Block 205 within the City of Milledgeville
Tract 9905 Blocks 101 through 120 That part of Block 121 within the City of Milledgeville Blocks 122 through 131 Those parts of Blocks 132, 134, and 135 within the City of Milledgeville Block 136 Those parts of Blocks 137 and 301 within the City of Milledgeville Blocks 302 through 309 Those parts of Blocks 310 and 311 within the City of Milledgeville
District No. 3
Tract 9901 Those parts of Blocks 201, 210, 223, and 226 within the City of Milledgeville Blocks 229, 232 through 247, and 301 through 310
District No. 4
Tract 9902 Blocks 332 through 335, 340, and 342 through 357
Tract 9903 Blocks 157 through 163, 201 through

TUESDAY, FEBRUARY 22, 1983

1433

217, and 301 through 303
District No. 5
Tract 9902 Blocks 223, 224, 226, 231 through 239, 308 through 331, and 336 through 339
District No. 6
Tract 9901 Those parts of Blocks 134, 146, and 201 within the City of Milledgeville Blocks 202 and 203 That part of Block 205 within the City of Milledgeville Block 207 That part of Block 210 within the City of Milledgeville Tract 9902 Those parts of Blocks 128, 135, and 136 within the City of Milledgeville Blocks 139, 205, 206, 208 through 222, and 227 through 230 Those parts of Blocks 401, 404, 406, and 407 within the City of Milledgeville
(b) For the purposes of subsection (a) of this Section:
(1) The terms 'tract,' 'block group,' and 'block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia; and
(2) Whenever the description of an election district refers to the City of Milledgeville, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
(c) One alderman shall be elected from each of the election districts described in subsection (a) of this Section. In addition to the qualifica tions provided in Section IV of this charter, each person offering as a candidate for alderman must have been a resident of the election district which the candidate seeks to represent for six months immediately pre ceding the date of the election, and each alderman must remain a resi dent of the district from which elected during the term of office. Each candidate for alderman shall specify the election district for which the candidate is offering for election. Each alderman shall be elected by a majority of the voters voting within each respective election district. The mayor of the City of Milledgeville may reside anywhere within the cor porate limits of the city and shall be elected by a majority of the voters

1434

JOURNAL OF THE SENATE

voting from the city at large. The mayor and aldermen shall be nomi nated and elected in accordance with the provisions of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, known as the 'Georgia Municipal Election Code.'
(d) In the event an alderman removes his or her place of residence during a term of office from the election district from which elected, a vacancy shall thereby be created. Such vacancy shall be filled by a quali fied resident of the election district wherein the vacancy exists in the manner prescribed by Section XIX of this charter.
Section 5A. (a) The regular municipal election of the City of Milledgeville shall be held on the third Wednesday in September of each odd-numbered year.
(b) At the regular municipal election held on the third Wednesday in September, 1983, the first aldermen representing election districts 1, 2, and 5 shall be elected for initial terms of two years beginning on October 1, 1983. The aldermen elected at said 1983 election shall be the succes sors to the three incumbent aldermen of the City of Milledgeville whose regular terms of office expire on September 30, 1983. The incumbent aldermen of the City of Milledgeville whose regular terms of office shall expire on September 30, 1985, shall serve for the terms to which elected, notwithstanding the fact that one or more of such incumbent aldermen may reside within election districts 1, 2, or 5.
(c) For the period beginning on October 1, 1983, and ending on Sep tember 30, 1985, the governing authority of the City of Milledgeville shall consist of the three aldermen representing election districts 1, 2, and 5 elected as provided in subsection (b) of this Section and the incum bent mayor and three aldermen whose regular terms of office shall expire on September 30, 1985.
(d) At the regular municipal election held on the third Wednesday in September, 1985, the mayor and the six aldermen representing elec tion districts 1 through 6 shall be elected for terms of four years begin ning on October 1, 1985. Thereafter, their successors shall be elected as the regular municipal election which is held immediately preceding the expiration of the terms of office and shall take office on the first day of October immediately following their election for terms of four years. The mayor and aldermen shall serve until their successors are elected and qualified as provided in this Section."
Section 2. The provisions of this Act relating to and necessary for the election of aldermen at the 1983 regular municipal election of the City of Milledgeville shall be effective for the purpose of such election upon the approval of this Act by the Governor or upon its otherwise becoming law without his approval. This Act shall be effective for all purposes on October 1, 1983.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, FEBRUARY 22, 1983

1435

Senator Kidd of the 25th moved that the Senate disagree to the House substitute to SB 238.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 238.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

The following general bills and resolution of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 277. By Senators Gillis of the 20th, Kennedy of the 4th and Walker of the 19th:
A bill to amend Part 1 of Article 3 of Chaper 5 of Title 50 of the Official Code of Georgia Annotated, relating to authority and procedure for state purchasing, so as to provide for preferential treatment of domestic lumber products in the awarding of public works contracts by the state and its boards, departments, institutions, and political subdivisions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On 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
CEBou>br*tbo2n Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher
Foster Garner Gillis Greene Harris Harrison
H-HTii.lnlc Holloway Horton Huggins Kidd Land Lester

Littlefield McGill McKenzie
Peevy Perry Phillips Scott of 2nd Scott f 36th Scott of 43rd
Starr Tate Thompson Timmons Trulock Turner Tysinger Walker

1436

JOURNAL OF THE SENATE

j

Those not voting were Senators:

Howard Hudgins

Kennedy (presiding)

Stumbaugh

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 203. By Senator Barnes of the 33rd:
A bill to amend Code Section 50-18-70 of the Official Code of Georgia An notated, relating to the requirement that public records be open for inspec tion, so as to provide that public records which consist of commentary or personal information concerning personnel of the agency maintaining such records shall not be available for inspection.

The Senate Committee on Governmental Operations offered the following amendment:
Amend SB 203 by adding in Section 1 on Page 1, line 26, immediately following the word "inspection" and preceding the period, the following:
", except in the case of individual personnel inspecting their own personnel records".

Senator Barnes of the 33rd moved that SB 203 be committed to the Senate Com mittee on Governmental Operations.

On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 203 was committed to the Senate Committee on Governmental Operations.

SB 241. By Senator Stumbaugh of the 55th:
A bill to amend Code Section 33-6-5 of the Official Code of Georgia Anno tated, relating to unfair methods of competition and unfair and deceptive acts or practices, so as to provide that no insurance company, when selling salvage motor vehicles, major component parts, or parts, shall sell to a used motor vehicle parts dealer, motor vehicle dismantler, motor vehicle rebuilder, salvage pool dealer, or salvage dealer who is not licensed under Chapter 48 of Title 43.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 22, 1983

1437

On 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
Burton Cobb
Coggin Coleman
Coverdell Dean
English

Engrain
Fincher Garner
Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Land Lester

Littlefield McKenzie
Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd
Starr Stumbaugh Tate Thompson Timmons Trulock Turner Walker

Those voting in the negative were Senators:

Dawkins Deal

Foster Kidd

McGill

Not voting were Senators Kennedy (presiding) and Tysinger.

On the passage of the bill, the yeas were 49, nays 5.

The bill, having received the requisite constitutional majority, was passed.

SB 270. By Senator Lester of the 23rd:
A bill to amend Code Section 7-3-9 of the Official Code of Georgia Anno tated, relating to the investigation of applications for licenses under the "Georgia Industrial Loan Act," so as to change the provisions relative to hearings.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On 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

1438
Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher

JOURNAL OF THE SENATE

Foster Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester

McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Walker

Those not voting were Senators:

Garner Kennedy (presiding)

Littlefield McKenzie

Tysinger

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 212. By Senators Garner of the 30th and Barnes of the 33rd:
A bill to amend Code Section 43-34-1 of the Official Code of Georgia Anno tated, relating to the practice of naturopathy, so as to change the provisions and definition relating to the practice of naturopathy; to provide an effective date.

The Senate Committee on Human Resources offered the following substitute to SB 212:

A BILL TO BE ENTITLED AN ACT
To repeal Code Section 43-34-1 of the Official Code of Georgia Anno tated, relating to the practice of naturopathy, to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 43-34-1 of the Official Code of Georgia Anno tated, relating to the practice of naturopathy, is repealed in its entirety.

TUESDAY, FEBRUARY 22, 1983

1439

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 33, nays 1, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Barnes Brannon Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engrain

Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Howard Hudgins Huggins Kidd Land

Those voting in the negative were Senators:

Lester McGill Peevy Perry Phillips Scott of 36th Scott of 43rd Starr Tate Thompson Trulock Turner Ty singer Walker

Bond Brantley Horton

McKenzie Scott of 2nd

Those not voting were Senators:

Stumbaugh Timmons

Bowen Bryant

Coggin Kennedy (presiding)

Littlefield

On the passage of the bill, the yeas were 44, nays 7.

The bill, having received the requisite constitutional majority, was passed by substitute.

1440

JOURNAL OF THE SENATE

SR 111. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A resolution authorizing and empowering the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the Resource Recovery Development Authority for the City of Savannah, its successors and assigns, an easement over, under, across, and through certain property owned or claimed by the State of Georgia and located in Chatham County.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Harris Harrison Hine Holloway Horton Huggins Land Lester

Littlefield McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Timmons Trulock Turner Walker

Those not voting were Senators:

Brannon Broun of 46th Greene Hill

Howard Hudgins Kennedy (presiding) Kidd

McKenzie Thompson Tysinger

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

TUESDAY, FEBRUARY 22, 1983

1441

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 605. By Representatives Thomas of the 69th, Jackson of the 83rd, Lawson of the 9th and others:
A bill to amend Subpart 1 of Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to writs of possession for and foreclosure upon personal property, so as to provide that a writ of pos session may be granted to an owner of rented or leased personal property as authorized by the terms of a consumer rental transaction.

HB 338. By Representatives Isakson, Aiken and Wilder of the 21st and others:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to change the powers, duties, authority, and compensation of the chairman of the board of commissioners.

HB 350. By Representative Crosby of the 150th:
A bill to amend an Act creating the office of commissioner of Atkinson County, so as to change the compensation of the chairman and the other members of the board.

HB 596. By Representatives Thompson and Darden of the 20th:
A bill to amend an Act creating the State Court of Cobb County, so as to change the jurisdiction of said court.

HB 670. By Representatives Darden, Lawler and Wilson of the 20th and others:
A bill to amend Code Section 48-5-24 of the Official Code of Georgia Anno tated, relating to payment of taxes to county in which returns are made, so as to change the date on which taxes shall become due and the date on which taxes shall become delinquent in 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.

HB 680. By Representative Murphy of the 18th:
A bill to provide for a supplemental expense allowance for the district attor ney of the Tallapoosa Judicial Circuit; to provide for the payment of such allowance by the counties comprising the circuit.

1442

JOURNAL OF THE SENATE

HB 689. By Representative Darden of the 20th:
A bill to amend an Act creating a new charter for the City of Marietta in Cobb County, so as to grant to the mayor a veto power.

HB 699. By Representatives Ramsey of the 3rd and Peters of the 2nd:
A bill to amend an Act placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the salary of said clerk; to increase the clerical help allowance for the judge of the probate court.

HB 700. By Representatives Ramsey of the 3rd and Peters of the 2nd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in that office.

HB 701. By Representative Godbee of the 110th:
A bill to amend an Act incorporating Brooklet in Bulloch County, so as to increase the maximum punishment for violations of city ordinances; to pro vide for jurisdiction of the city court.

HB 708. By Representative Lambert of the 66th:
A bill to create and incorporate the City of Watkinsville in the County of Oconee and grant a charter to that municipality under that corporate name and style; to prescribe and define the corporate limits thereof.

HB 709. By Representative Lambert of the 66th:
A bill to amend an Act creating the board of commissioners of Oconee County, so as to change the compensation of the chairman and other mem bers of the board of commissioners of Oconee County.

HB 710. By Representatives Lambert of the 66th and Dobbs of the 74th:
A bill to amend an Act relating to jurisdiction of the Newton County pro bate court over violations of ordinances of Newton County, so as to provide that prosecutions shall be commenced by a citation completed and served by any authorized agent of the county.

HB 713. By Representatives Thomas of the 69th, Johnson of the 70th and Shepard of the 71st:
A bill to amend an Act placing the judge of the Probate Court of Carroll County upon an annual salary, so as to change the compensation of the judge of the probate court.

TUESDAY, FEBRUARY 22, 1983

1443

i ; HB 714. By Representatives Thomas of the 69th, Johnson of the 70th and Shepard of

i

the 71st:

A bill to amend an Act placing the clerk of the Superior Court of Carroll County on a salary basis, so as to change the compensation of the clerk of the Superior Court of Carroll County.

HB 716. By Representatives Colwell and Twiggs of the 4th:
A bill to provide for the election of the members of the Board of Education of Union County.

HB 718. By Representative Hanner of the 131st:
A bill to amend an Act creating the office of tax commissioner of Clay County, so as to abolish the present mode of compensating the tax commis sioner of Clay County, known as the fee system.

HB 719. By Representative Hanner of the 131st:
A bill to abolish the present mode of compensating the judge of the Probate Court of Clay County, known as the fee system; to provide in lieu thereof an annual salary for said officer.

HB 720. By Representative Hanner of the 131st:
A bill to amend an Act placing the sheriff of Clay County on an annual salary, so as to provide that the sheriff shall not receive a salary above a certain maximum.

HB 721. By Representative Hanner of the 131st:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Clay County, known as the fee system; to provide in lieu thereof an annual salary for said officer.

HB 722. By Repesentative Jones of the 78th:
A bill to amend an Act creating a new charter for the City of Jackson, so as to provide a procedure for declaring vacant the seat of a mayor or council man who removes from his ward or the city.

1444

JOURNAL OF THE SENATE

The House has adopted by the requisite constitutional majority the following reso lutions of the House:

HR 69. By Representative Parham of the 105th: A resolution compensating John J. Gates, Ph.D.

HR 71. By Representative Triplet! of the 128th: A resolution compensating Mary D. Refiner.

HR 93. By Representative Ramsey of the 3rd: A resolution compensating Mr. Richard B. Carney.

HR 105. By Representative Redding of the 50th: A resolution compensating Mr. Richard Walton.

The following general bills and resolution of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 103. By Senator Howard of the 42nd:
A bill to amend Code Section 40-6-391, relating to driving under the influ ence of alcohol or drugs, so as to prohibit certain changes in charges except under certain conditions; to provide an effective date.

The Senate Committee on Judiciary offered the following amendment:
Amend SB 103 by striking from line 18 and line 19 of Page 2 the following:
", in written findings of fact and conclusions of law,".

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker

Bond Bowen

Bryant Burton

Cobb Coggin Coleman Coverdell Dawkins Dean English Engram Fincher Foster Garner Gillis Greene

TUESDAY, FEBRUARY 22, 1983

1445

Harris Hine Holloway Horton Howard Huggins Land Lester Littlefield McGill Perry Phillips

Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative were Senators Deal and Peevy.

Those not voting were Senators:

Barnes Brannon Brantley Broun of 46th

Brown of 47th Harrison Hill Hudgins

Kennedy (presiding) Kidd McKenzie

On the passage of the bill, the yeas were 43, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 101. By Senator Coggin of the 35th:
A bill to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to abandoned mo tor vehicles, so as to change the provisions relative to unattended or aban doned motor vehicles.

The Senate Committee on Judiciary offered the following substitute to SB 101:

A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to abandoned mo tor vehicles, so as to change the provisions relative to unattended or aban doned motor vehicles; to provide for notices; to provide for responses; to pro vide for presumptions; to provide a further means for foreclosure of liens; to provide for distribution of funds; to repeal conflicting laws; and for other purposes.

1446

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to abandoned mo tor vehicles, is amended by striking Code Section 40-11-2, relating to re moving an abandoned motor vehicle, in its entirety and inserting in lieu thereof a new Code Section 40-11-2 to read as follows:
"40-11-2. (a) Any person who removes a motor vehicle from public or private property at the request of someone other than the owner of the vehicle or who stores any motor vehicle which has been left unattended or who was in possession of any abandoned motor vehicle as defined in subparagraph (E) of paragraph (1) of Code Section 40-11-1 shall seek the identity of the owner of such vehicle and shall, within 30 days of the day such vehicle became an abandoned motor vehicle, give notice in writ ing to the Department of Revenue and the Georgia Bureau of Investiga tion, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, and the present location of such vehicle, and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, he shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle.
(b) Upon ascertaining the owner of such motor vehicle, the person removing or storing such vehicle shall, within three days, by certified or registered mail to the last known address, notify the owner, lessors, les sees, security interest holders, and lienholders of the location of such ve hicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed. Such notification shall contain a demand upon the owner for payment of reasonable fees for removal and storage. Such notice shall include a statement that the owner has the right to a hearing concerning any lien or encumbrance on his vehicle and a form upon which the owner of the vehicle may note his intention to exercise his right to a hearing under Code Section 40-11-5. If such form is not returned within ten days of its receipt with the notation of a demand for a hearing, such failure to return shall constitute a conclusive presumption that the owner has voluntarily waived all future rights relative to a judi cial determination, including any further notice.
(c) If the identity of the owner of such motor vehicle cannot be as certained or if the owner cannot be located and any notice required in subsection (b) of this Code section is returned by the postal official, the person removing or storing such vehicle shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such ad vertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for four consecutive weeks or shall remain posted at the courthouse for four consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its license and manufacturer's vehicle identification numbers, the location where such vehicle was initially left unattended by the owner, the present location of such vehicle, and the

TUESDAY, FEBRUARY 22, 1983

1447

fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed. If the owner has not responded to such notice within three days after the final advertisement, such failure to respond shall constitute a conclusive presumption that the owner has waived all future rights rel ative to a judicial determination, including any further notice."
Section 2. Said article is further amended by striking Code Section 4011-5, relating to foreclosure of liens, in its entirety and inserting in lieu thereof a new Code Section 40-11-5 to read as follows:
"40-11-5. All liens acquired under Code Section 40-11-4 shall be foreclosed as follows:
(1) Any proceeding to foreclose a lien on an abandoned motor vehi cle must be instituted within one year from the time the lien is recorded or is asserted by retention;
(2) The person desiring to foreclose a lien on an abandoned motor vehicle, the owner of which has not been deemed to have waived a hear ing pursuant to subsection (b) or (c) of Code Section 40-11-2, shall, by certified or registered mail, make demand upon the owner for the pay ment of the reasonable fees for removal and storage plus the costs of any advertisement. Such written demand shall include an itemized statement of all charges. No such written demand shall be required if the identity of the owner cannot be ascertained and the notice requirements of sub section (c) of Code Section 40-11-2 have been complied with;
(3) (A) If, within ten days of delivery to the appropriate address of the written demand required by paragraph (2) of this Code section, the owner of the abandoned motor vehicle fails to respond to such demand or refuses to pay, or if the owner of the abandoned motor vehicle cannot be ascertained, the person removing or storing the abandoned motor vehicle may foreclose such lien. The person asserting such lien may move to fore close by making an affidavit to a court of competent jurisdiction showing all facts necessary to constitute such lien and the amount claimed to be due. Such affidavit shall aver that the notice requirements of Code Sec tion 40-11-2 have been complied with, that a hearing has not been waived by the owner, and such affidavit shall also aver that a demand for payment has been made and refused or that the identity of the owner cannot be ascertained. The person foreclosing shall verify the statement by oath or affirmation and shall affix his signature thereto.
(B) Regardless of the court in which the affidavit required by this paragraph is filed, the fee for filing such affidavit shall be $5.00 per mo tor vehicle upon which a lien is asserted.
(4) (A) Upon such affidavit's being filed, the lien claimant shall give the clerk or judge of the court the address (if known) of the owner, les sor, lessee, security interest holders, and lienholders of the abandoned vehicle. The clerk or judge of the court shall serve notice upon such own er, lessor, lessee, security interest holders, and lienholders of the aban doned motor vehicle of a right to a hearing to determine if reasonable cause exists to believe that a valid debt exists; that such hearing must be petitioned for within ten days after receipt of such notice; and that, if no

1448

JOURNAL OF THE SENATE

petition for such hearing is filed within the time allowed, the lien will conclusively be deemed a valid one and foreclosure thereof allowed.
(B) Any notice required by this paragraph shall be by certified mail or, if the owner, lessor, lessee, security interest holder, or lienholder is unknown, by posting such notice at the county courthouse in such place where other public notices are posted.
(5) If a petition for a probable cause hearing is filed within the time allowed, the court shall set such a hearing within ten days of filing of the petition. If, at the hearing, the court determines that reasonable cause exists to believe that a valid debt exists, then the person asserting the lien shall retain possession of the motor vehicle or the court shall obtain pos session of the motor vehicle, as ordered by the court. The owner-debtor may obtain possession of the motor vehicle by giving bond and security in the amount determined to be probably due and costs of the action;
(6) Within five days of the probable cause hearing, a party defen dant must petition the court for a full hearing on the validity of the debt if a further determination of the validity of the debt is desired. If no such petition is filed, the lien for the amount determined reasonably due shall conclusively be deemed a valid one and foreclosure thereof allowed. If such a petition is filed, the court shall set a full hearing thereon within 30 days of the filing of the petition. Upon the filing of such petition by a party defendant, neither the prosecuting lienholder nor the court may sell the motor vehicle, although possession of the motor vehicle may be retained;
(7) If, after a full hearing, the court finds that a valid debt exists, then the court shall authorize foreclosure upon and sale of the motor vehicle subject to the lien to satisfy the debt if such debt is not otherwise immediately paid;
(8) If the court finds the actions of the person asserting the lien in retaining possession of the motor vehicle were not taken in good faith, then the court, in its discretion, may award damages to the owner, any party which has been deprived of the rightful use of the vehicle, or the lessee due to the deprivation of the use of the motor vehicle;
(9) If no petition for a hearing is filed, or if, after a full hearing, the court determines that a valid debt exists, the court shall issue an order authorizing the sale of such motor vehicle. However, the holder of a se curity interest in or a lien on the vehicle, other than the holder of a lien created by Code Section 40-11-4, shall have the right, in the order of priority of such security interest or lien, to pay the debt and court costs. If the holder of a security interest or lien does so pay the debt and court costs, he shall have the right to possession of the vehicle, and his security interest in or lien on such vehicle shall be increased by the amount so paid. A court order shall be issued to this effect, and in this instance there shall not be a sale of the vehicle.
(10) Any person desiring to foreclose a lien on an abandoned motor vehicle, the owner of which has been deemed to have waived a hearing and further notice pursuant to subsection (b) or (c) of Code Section 4011-2, may proceed at public sale. In addition to any other notice required

TUESDAY, FEBRUARY 22, 1983

1449

by this article, prior to such public sale, the holder of any security inter est shall be notified of the time and place of such sale. Notice to the holder of a security interest shall be by certified mail, and it shall be sufficient if a copy of the legal advertisement of the sale is mailed to the security interest holder. Any proceeds of such sale which exceed the lien and any expenses incurred prosecuting said sale shall be returned to the owner, if known; if unknown, to any lienholders, if known; and, if un known, to the registry of the superior court of the county in which such sale was conducted. The clerk of the superior court shall post public no tice for three weeks, which notice shall include the make, model, and the license and manufacturer's vehicle identification numbers of the motor vehicle sold and shall state that the court is in possession of excess funds resulting from a sale of said motor vehicle and that, if the owner thereof fails to make demand for a hearing concerning said funds within three weeks of the posting of said notice, the funds shall be and remain aban doned. If a demand for a hearing is made, such hearing shall be held by the clerk of the superior court. The clerk may pay the funds to the owner upon his determination that he is legally entitled to said funds. If the funds are deemed abandoned, they shall be paid into the treasury of the municipality in which the motor vehicle was abandoned or, if the motor vehicle was abandoned in an unincorporated area, the funds shall be paid into the treasury of the county in which the motor vehicle was abandoned."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Coggin of the 35th offered the following substitute to SB 101:

A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to abandoned mo tor vehicles, so as to change the provisions relative to unattended or aban doned motor vehicles; to provide for notices; to provide for responses; to pro vide for presumptions; to provide a further means for foreclosure of liens; to provide for distribution of funds; to provide for exceptions to existing provi sions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to abandoned mo tor vehicles, is amended by striking Code Section 40-11-2, relating to re moving an abandoned motor vehicle, in its entirety and inserting in lieu thereof a new Code Section 40-11-2 to read as follows:
"40-11-2. (a) Any person who removes a motor vehicle from public or private property at the request of someone other than the owner of the vehicle or who stores any motor vehicle which has been left unattended or who was in possession of any abandoned motor vehicle as defined in subparagraph (E) of paragraph (1) of Code Section 40-11-1 shall seek

1450

JOURNAL OF THE SENATE

the identity of the owner of such vehicle and shall, within 30 days of the day such vehicle became an abandoned motor vehicle, give notice in writ ing to the Department of Revenue and the Georgia Bureau of Investiga tion, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, and the present location of such vehicle, and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, he shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle.
(b) Upon ascertaining the owner of such motor vehicle, the person removing or storing such vehicle shall, within three days, by certified or registered mail to the last known address, notify the owner, lessors, les sees, security interest holders, and lienholders of the location of such ve hicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed. Such notification shall contain a demand upon the owner for payment of reasonable fees for removal and storage. Such notice shall include a statement that the owner has the right to a hearing concerning any lien or encumbrance on his vehicle and a form upon which the owner of the vehicle may note his intention to exercise his right to a hearing under Code Section 40-11-5. If such form is not returned within ten days of its receipt with the notation of a demand for a hearing, such failure to return shall constitute a conclusive presumption that the owner has voluntarily waived all future rights relative to a judi cial determination, including any further notice.
(c) If the identity of the owner of such motor vehicle cannot be as certained or if the owner cannot be located and any notice required in subsection (b) of this Code section is returned by the postal official, the person removing or storing such vehicle shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such ad vertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for four consecutive weeks or shall remain posted at the courthouse for four consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its license and manufacturer's vehicle identification numbers, the location where such vehicle was initially left unattended by the owner, the present location of such vehicle, and the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed. If the owner has not responded to such notice within three days after the final advertisement, such failure to respond shall constitute a conclusive presumption that the owner has waived all future rights rel ative to a judicial determination, including any further notice."
Section 2. Said article is further amended by striking Code Section 4011-5, relating to foreclosure of liens, in its entirety and inserting in lieu thereof a new Code Section 40-11-5 to read as follows:
"40-11-5. All liens acquired under Code Section 40-11-4 shall be foreclosed as follows:

TUESDAY, FEBRUARY 22, 1983

1451

(1) (A) Any proceeding to foreclose a lien on an abandoned motor vehicle must be instituted within one year from the time the lien is re corded or is asserted by retention;
(B) The person desiring to foreclose a lien on an abandoned motor vehicle, the owner of which has not been deemed to have waived a hear ing pursuant to subsection (b) or (c) of Code Section 40-11-2, shall, by certified or registered mail, make a demand upon the owner for the pay ment of the reasonable fees for removal and storage plus the costs of any advertisement. Such written demand shall include an itemized statement of all charges. No such written demand shall be required if the identity of the owner cannot be ascertained and the notice requirements of sub section (c) of Code Section 40-11-2 have been complied with;
(C) (i) If, within ten days of delivery to the appropriate address of the written demand required by subparagraph (B) of this paragraph, the owner of the abandoned motor vehicle fails to respond to such demand or refuses to pay, or if the owner of the abandoned motor vehicle cannot be ascertained, the person removing or storing the abandoned motor vehicle may foreclose such lien. The person asserting such lien may move to fore close by making an affidavit to a court of competent jurisdiction showing all facts necessary to constitute such lien and the amount claimed to be due. Such affidavit shall aver that the notice requirements of Code Sec tion 40-11-2 have been complied with, that a hearing has not been waived by the owner, and such affidavit shall also aver that a demand for payment has been made and refused or that the identity of the owner cannot be ascertained. The person foreclosing shall verify the statement by oath or affirmation and shall affix his signature thereto.
(ii) Regardless of the court in which the affidavit required by this paragraph is filed, the fee for filing such affidavit shall be $5.00 per mo tor vehicle upon which a lien is asserted.
(D) (i) Upon such affidavit's being filed, the lien claimant shall give the clerk or judge of the court the address (if known) of the owner, les sor, lessee, security interest holders, and lienholders of the abandoned vehicle. The clerk or judge of the court shall serve notice upon such own er, lessor, lessee, security interest holders, and lienholders of the aban doned motor vehicle of a right to a hearing to determine if reasonable cause exists to believe that a valid debt exists; that such hearing must be petitioned for within ten days after receipt of such notice; and that, if no petition for such hearing is filed within the time allowed, the lien will conclusively be deemed a valid one and foreclosure thereof allowed.
(ii) Any notice required by this paragraph shall be by certified mail or, if the owner, lessor, lessee, security interest holder, or lienholder is unknown, by posting such notice at the county courthouse in such place where other public notices are posted.
(E) If a petition for a probable cause hearing is filed within the time allowed, the court shall set such a hearing within ten days of filing of the petition. If, at the hearing, the court determines that reasonable cause exists to believe that a valid debt exists, then the person asserting the lien shall retain possession of the motor vehicle or the court shall obtain pos-

1452

JOURNAL OF THE SENATE

session of the motor vehicle, as ordered by the court. The owner-debtor may obtain possession of the motor vehicle by giving bond and security in the amount determined to be probably due and costs of the action;
(F) Within five days of the probable cause hearing, a party defen dant must petition the court for a full hearing on the validity of the debt if a further determination of the validity of the debt is desired. If no such petition is filed, the lien for the amount determined reasonably due shall conclusively be deemed a valid one and foreclosure thereof allowed. If such a petition is filed, the court shall set a full hearing thereon within 30 days of the filing of the petition. Upon the filing of such petition by a party defendant, neither the prosecuting lienholder nor the court may sell the motor vehicle, although possession of the motor vehicle may be retained;
(G) If, after a full hearing, the court finds that a valid debt exists, then the court shall authorize foreclosure upon and sale of the motor vehicle subject to the lien to satisfy the debt if such debt is not otherwise immediately paid;
(H) If the court finds the actions of the person asserting the lien in retaining possession of the motor vehicle were not taken in good faith, then the court, in its discretion, may award damages to the owner, any party which has been deprived of the rightful use of the vehicle, or the lessee due to the deprivation of the use of the motor vehicle;
(1) If no petition for a hearing is filed, or if, after a full hearing, the court determines that a valid debt exists, the court shall issue an order authorizing the sale of such motor vehicle. However, the holder of a se curity interest in or a lien on the vehicle, other than the holder of a lien created by Code Section 40-11-4, shall have the right, in the order of priority of such security interest or lien, to pay the debt and court costs. If the holder of a security interest or lien does so pay the debt and court costs, he shall have the right to possession of the vehicle, and his security interest in or lien on such vehicle shall be increased by the amount so paid. A court order shall be issued to this effect, and in this instance there shall not be a sale of the vehicle.
(2) Any person desiring to foreclose a lien on an abandoned motor vehicle, the owner of which has been deemed to have waived a hearing and further notice pursuant to subsection (b) or (c) of Code Section 4011-2, may proceed at public sale. In addition to any other notice required by this article, prior to such public sale, the holder of any security inter est shall be notified of the time and place of such sale. Notice to the holder of a security interest shall be by certified mail, and it shall be sufficient if a copy of the legal advertisement of the sale is mailed to the security interest holder. Any proceeds of such sale which exceed the lien and any expenses incurred prosecuting said sale shall be returned to the owner, if known; if unknown, to any lienholders, if known; and, if un known, to the registry of the superior court of the county in which such sale was conducted. The clerk of the superior court shall post public no tice for three weeks, which notice shall include the make, model, and the license and manufacturer's vehicle identification numbers of the motor vehicle sold and shall state that the court is in possession of excess funds

TUESDAY, FEBRUARY 22, 1983

1453

resulting from a sale of said motor vehicle and that, if the owner thereof fails to make demand for a hearing concerning said funds within three weeks of the posting of said notice, the funds shall be and remain aban doned. If a demand for a hearing is made, such hearing shall be held by the clerk of the superior court. The clerk may pay the funds to the owner upon his determination that he is legally entitled to said funds. If the funds are deemed abandoned, they shall be paid into the treasury of the municipality in which the motor vehicle was abandoned or, if the motor vehicle was abandoned in an unincorporated area, the funds shall be paid into the treasury of the county in which the motor vehicle was abandoned."
Section 3. Said article is further amended by striking in their entirety Code Section 40-11-6, relating to foreclosure sales, Code Section 40-11-7, relating to certificates of title, and Code Section 40-11-8, relating to pro ceeds of foreclosure sales, and inserting in lieu thereof new such Code sec tions to read as follows:
"40-11-6. (a) Upon order of the court, the person holding the lien on the abandoned motor vehicle shall be authorized to sell such motor vehi cle at public sale, as defined by Code Section 11-1-201.
(b) After satisfaction of the lien, the person selling such motor vehi cle shall turn the remaining proceeds of such sale, if any, over to the clerk of the court.
(c) The provisions of this Code section shall not apply to foreclo sures under paragraph (2) of Code Section 40-11-5.
40-11-7. (a) Except as provided in subsection (b) of this Code sec tion, the purchaser at a sale as authorized in this article shall receive a certified copy of the court order authorizing such sale. Any such pur chaser may obtain a certificate of title to such motor vehicle by filing the required application, paying the required fees, and filing a certified copy of the order of the court with the Department of Revenue. The Depart ment of Revenue shall then issue a certificate of title, which shall be free and clear of all liens and encumbrances.
(b) The purchaser at a sale authorized by paragraph (2) of Code Section 40-11-5 may obtain a certificate of title to such motor vehicle by filing the required application and paying the required fees. The Depart ment of Revenue shall then issue a certificate of title, which shall be free and clear of all liens and encumbrances.
40-11-8. (a) The clerk of the court shall retain the remaining bal ance of the proceeds of a sale under Code Section 40-11-6, after satisfac tion of liens, security interests, and debts, for a period of 12 months; and, if no claim has been filed against such proceeds by the owner of the abandoned motor vehicle or any interest party, then he shall pay such remaining balance as follows:
(1) If the abandoned motor vehicle came into the possession of the person creating the lien other than at the request of a peace officer, the proceeds of the sale shall be divided equally and paid into the general

1454

JOURNAL OF THE SENATE

fund of the county in which the sale was made and into the general fund of the municipality, if any, in which the sale was made;
(2) If the abandoned motor vehicle came into the possession of the person creating the lien at the request of a police officer of a municipal ity, the proceeds of the sale shall be paid into the general fund of the municipality;
(3) If the abandoned motor vehicle came into the possession of the person creating the lien at the request of a county sheriff, deputy sheriff, or county police officer, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made;
(4) If the abandoned motor vehicle came into the possession of the person creating the lien at the request of a member of the Georgia State Patrol or other employee of the State of Georgia, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made.
(b) The proceeds of foreclosure sales conducted pursuant to para graph (2) of Code Section 40-11-5 shall be distributed as provided in such paragraph."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Coggin of the 35th offered the following amendment:
Amend the substitute to SB 101 offered by Senator Coggin of the 35th by inserting between the word "shall" and the word "seek" on line 23 of Page 1 the following:
"immediately seek the identity of the owner of such vehicle by con tacting the Department of Revenue or other appropriate agencies. If the owner of the vehicle is ascertained, the person who removes or stores the vehicle shall notify the owner as provided in subsection (b) of this Code section. If the owner of the vehicle cannot be ascertained immediately, the person who removes or stores the vehicle shall,".

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 1, nays 35, and the committee substitute was lost.

On the adoption of the substitute offered by Senator Coggin of the 35th, the yeas were 38, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to by substitute as amended.

TUESDAY, FEBRUARY 22, 1983

1455

On 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 Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Land Lester

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Hudgins

Kidd

Kennedy (presiding)

Littlefield

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 237. By Senators Garner of the 30th and Engram of the 34th:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to probation, so as to provide for presentence or postsentence investigations or psychological evaluations of convicted persons compiled by probation personnel to be forwarded to certain offices within the Department of Offender Rehabilitation under certain conditions.

On 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

1456
Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Foster

JOURNAL OF THE SENATE

Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Huggins Land Lester Littlefield McGill

McKenzie Peevy Perry Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Fincher Harrison Hudgins

Kennedy (presiding) Kidd

Phillips Starr

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 226. By Senator Engram of the 34th:
A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment in criminal cases, so as to direct judges to include as a part of sentences of confinement a statement of witnesses against the victims of the defendant who shall be notified of the future release of the defendant.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On 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

Broun of 46th Brown of 47th Bryant Burton Cobb Coggin

Coleman Coverdell Dawkins Deal Dean English

TUESDAY, FEBRUARY 22, 1983

1457

Engram Fincher Foster
Gjjraerernise Harrison jjjU Mine Holloway Horton

Howard Huggins Kidd
Land
LLeitstlteefrield McGi11 McKenzie Peevy Perry Phillips

Scott of 2nd Scott of 43rd Starr
Stumbaugh
TThatoempson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brantley Hudgins

Kennedy (presiding)

Scott of 36th

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 188. By Representative Greer of the 39th:
A bill to amend Code Section 14-2-141 of the Official Code of Georgia An notated, relating to the number of directors of a corporation, so as to change the number of directors required for a corporation.
Senate Sponsor: Senator Cobb of the 28th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant

Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway

1458

JOURNAL OF THE SENATE

Horton Howard Hudgins
Huggins Kidd Land
Lester McGill

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh

Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Kennedy (presiding)

Littlefield

Scott of 36th

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 477. By Representatives Jackson of the 9th, McDonald of the 12th, Milford of the 13th and others:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to define the term "private carrier".
Senate Sponsor: Senator Holloway of the 12th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell

Dawkins Deal Dean English Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway

Horton Howard Hudgins Huggins Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th

TUESDAY, FEBRUARY 22, 1983

1459

Scott of 43rd Starr Stumbaugh

Thompson Timmons Trulock

Turner Tysinger Walker

Those not voting were Senators:

Brown of 47th Engrain

Kennedy (presiding)

Tate

Littlefield

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

HB 308. By Representatives Logan of the 67th, Murphy of the 18th, Williams of the 6th and others:
A bill to amend Subpart 5A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to North Georgia Col lege military scholarships, so as to provide that a student may meet the terms of a scholarship by accepting a regular army commission and serving in the United States Army upon concurrence by the Georgia Army National Guard.
Senate Sponsor: Senator Broun of the 46th.

The Senate Committee on Higher Education offered the following substitute to HB 308:

A BILL TO BE ENTITLED AN ACT
To amend Subpart 5A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to North Georgia College military scholarships, so as to provide that a student may meet the terms of a scholarship by accepting a regular army commission and serving in the United States Army upon concurrence by the Georgia Army National Guard; to provide that the selection committee shall select a candidate or candidates at large from among the original SO candidates recommended without regard to district of residence in the event a congressional district does not have a qualified candidate; to authorize the selection committee to award limited scholarships to fill vacancies whenever a scholarship recipient fails to meet the standards for retention; to provide for the submission of nominees by the professor of military science at North Georgia College; to provide for the qualifications and obligations of students selected to receive limited scholarships; to provide for the payment of interest on scholarship assistance received for unfulfilled obligations; to provide for other matters

1460

JOURNAL OF THE SENATE

relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Subpart 5A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to North Georgia College military scholarships, is amended by striking paragraph (6) of subsection (b) of Code Section 20-3-421, relating to eligibility for scholarships, in its entirety and substituting in lieu thereof a new paragraph (6) to read as follows:
"(6) Upon graduation from North Georgia College, accept a com mission as a second lieutenant and agree to serve not less than four years in the Georgia Army National Guard; however, terms of the scholarship may be met by acceptance of a commission and active duty service for not less than three years in the United States Army upon certification by the adjutant general that no requirement exists in the Georgia Army Na tional Guard at that time."
Section 2. Said subpart is further amended by striking subsection (b) of Code Section 20-3-423, relating to the creation, composition, and duties of the selection committee, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) It shall be the duty of the selection committee to select, from the five nominees from each congressional district submitted to the com mittee pursuant to Code Section 20-3-422, one person from each con gressional district to receive a scholarship under this subpart. In the event a congressional district does not have a qualified candidate, the committee may select a candidate or candidates at large from alternate nominees among the original 50 candidates without regard to district of residence. Upon selecting the recipients of scholarships, the committee shall:
(1) Notify each recipient of the scholarship;
(2) Notify each member of the legislative delegation from each con gressional district of the name of the recipient of the scholarship from that congressional district; and
(3) Notify the authority of the names and addresses of the recipients of the scholarships."
Section 3. Said subpart is further amended by striking Code Section 20-3-426, relating to the effect of failure to meet standards and require ments for continued eligibility for scholarships, in its entirety and substitut ing in lieu thereof a new Code Section 20-3-426 to read as follows:
"20-3-426. (a) If at any time a recipient of a scholarship fails to meet the standards and requirements for continued eligibility as provided by the selection committee pursuant to subsection (c) of Code Section 20-3-423, such recipient shall thereby lose eligibility for the scholarship and shall be obligated to repay the same as provided in Code Section 20-

TUESDAY, FEBRUARY 22, 1983

1461

3-425. The selection committee shall promptly notify the authority when a recipient loses eligibility.
(b) In the event a scholarship recipient fails to meet the standards for retention or otherwise surrenders the scholarship, the committee may award a three-, two-, or one-year scholarship as appropriate to fill the vacancy and the scholarship shall begin in September immediately fol lowing the award. Nominees for a three-, two-, or one-year scholarship shall be submitted to the selection committee by the professor of military science at North Georgia College. The nominees shall be required to meet all criteria established for the four-year scholarship and they shall be selected from current members of the college Corps of Cadets at large, and they shall incur the same obligations as a four-year scholar ship recipient regardless of whether the award is for three, two, or one years."
Section 4. Said subpart is further amended by striking paragraph (2) of subsection (a) of Code Section 20-3-425, relating to the failure of scholar ship recipients to meet service obligations, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) Pay to the authority an amount equal to the amount of scholar ship assistance received by the recipient under this subpart, plus interest, such amount to be paid, in accordance with regulations of the authority, within five years after the recipient graduates from or terminates his en rollment in North Georgia College."
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.

Senators Broun of the 46th and English of the 21st offered the following amendment:
Amend the Senate Committee on Higher Education Substitute to HB 308 by striking in its entirety paragraph (6), beginning on line 5 of Page 2, which reads as follows:
"(6) Upon graduation from North Georgia College, accept a com mission as a second lieutenant and agree to serve not less than four years in the Georgia Army National Guard; however, terms of the scholarship may be met by acceptance of a commission and active duty service for not less than three years in the United States Army upon certification by the adjutant general that no requirement exists in the Georgia Army Na tional Guard at that time."
and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) Upon graduation from North Georgia College, accept a com mission as a second lieutenant and agree to serve not less than four years in the Georgia Army National Guard; however, terms of the scholarship may be met by acceptance of a commission and active duty service for

1462

JOURNAL OF THE SENATE

not less than four years in the United States Army or a combination of service in the active army and the Georgia Army National Guard for not less than four years upon certification by the adjutant general that no need exists in the Georgia Army National Guard at the time of the com mencement of the period of active service."
By striking the last sentence on Page 3, beginning on line 26, which reads as follows:
"The nominees shall be required to meet all criteria established for the four-year scholarship and they shall be selected from current mem bers of the college Corps of Cadets at large, and they shall incur the same obligations as a four-year scholarship recipient regardless of whether the award is for three, two, or one years."
and inserting in lieu thereof the following:
"The nominees shall be required to meet all criteria established for the four-year scholarship and they shall be selected from current mem bers of the college Corps of Cadets at large. Such recipients of scholar ships shall incur the same obligations as a four-year scholarship recipi ent; provided, however, that such recipients of scholarships of less than four years shall only be required to serve the number of years in the Georgia Army National Guard or number of years of active duty service in the United States Army or number of years in a combination of ser vice in the active army and the Georgia Army National Guard which corresponds to the period or number of years of such scholarship."

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Broun of 46th Brown of 47th Bryant

Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Harris Hill

Mine Holloway Horton Howard Huggins Kennedy Kidd Land Lester

TUESDAY, FEBRUARY 22, 1983

1463

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd

Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Brantley

Greene Harrison

Hudgins Timmons

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HR 107. By Representative Jones of the 78th: A resolution authorizing the conveyance of an estate for years in certain real property located in Butts County, Georgia, to the City of Jackson, Georgia.
Senate Sponsor: Senator Horton of the 17th.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman

Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris

Hill Holloway Horton Howard Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy

1464
Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd

JOURNAL OF THE SENATE

Starr Stumbaugh Tate Thompson

Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Coggin Harrison

Hine Hudgins

Littlefield Timmons

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Starr of the 44th introduced the doctor of the day, Dr. Neil Gladstone, of Jonesboro, Georgia.

The following bills and resolutions of the House were read the first time and re ferred to committees:

HB 605. By Representatives Thomas of the 69th, Jackson of the 83rd, Lawson of the 9th and others:
A bill to amend Subpart 1 of Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to writs of possession for and foreclosure upon personal property, so as to provide that a writ of pos session may be granted to an owner of rented or leased personal property as authorized by the terms of a consumer rental transaction.
Referred to Committee on Judiciary.

HB 338. By Representatives Isakson, Aiken and Wilder of the 21st and others:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to change the powers, duties, authority, and compensation of the chairman of the board of commissioners.
Referred to Committee on Federal, State and Community Affairs.

HB 350. By Representative Crosby of the 150th:
A bill to amend an Act creating the office of commissioner of Atkinson County, so as to change the compensation of the chairman and the other members of the board.
Referred to Committee on Federal, State and Community Affairs.

TUESDAY, FEBRUARY 22, 1983

1465

HB 596. By Representatives Thompson and Darden of the 20th:
A bill to amend an Act creating the State Court of Cobb County, so as to change the jurisdiction of said court. Referred to Committee on Federal, State and Community Affairs.

HB 670. By Representatives Darden, Lawler and Wilson of the 20th and others:
A bill to amend Code Section 48-5-24 of the Official Code of Georgia Anno tated, relating to payment of taxes to county in which returns are made, so as to change the date on which taxes shall become due and the date on which taxes shall become delinquent in 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.
Referred to Committee on Federal, State and Community Affairs.

HB 680. By Representative Murphy of the 18th:
A bill to provide for a supplemental expense allowance for the district attor ney of the Tallapoosa Judicial Circuit; to provide for the payment of such allowance by the counties comprising the circuit.
Referred to Committee on Federal, State and Community Affairs.

HB 689. By Representative Darden of the 20th:
A bill to amend an Act creating a new charter for the City of Marietta in Cobb County, so as to grant to the mayor a veto power. Referred to Committee on Federal, State and Community Affairs.

HB 699. By Representatives Ramsey of the 3rd and Peters of the 2nd:
A bill to amend an Act placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the salary of said clerk; to increase the clerical help allowance for the judge of the probate court.
Referred to Committee on Federal, State and Community Affairs.

HB 700. By Representatives Ramsey of the 3rd and Peters of the 2nd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in that office. Referred to Committee on Federal, State and Community Affairs.

HB 701. By Representative Godbee of the 110th:
A bill to amend an Act incorporating Brooklet in Bulloch County, so as to increase the maximum punishment for violations of city ordinances; to pro vide for jurisdiction of the city court.
Referred to Committee on Federal, State and Community Affairs.

1466

JOURNAL OF THE SENATE

HB 708. By Representative Lambert of the 66th:
A bill to create and incorporate the City of Watkinsville in the County of Oconee and grant a charter to that municipality under that corporate name and style; to prescribe and define the corporate limits thereof.
Referred to Committee on Federal, State and Community Affairs.

HB 709. By Representative Lambert of the 66th:
A bill to amend an Act creating the board of commissioners of Oconee County, so as to change the compensation of the chairman and other mem bers of the board of commissioners of Oconee County.
Referred to Committee on Federal, State and Community Affairs.

HB 710. By Representatives Lambert of the 66th and Dobbs of the 74th:
A bill to amend an Act relating to jurisdiction of the Newton County pro bate court over violations of ordinances of Newton County, so as to provide that prosecutions shall be commenced by a citation completed and served by any authorized agent of the county.
Referred to Committee on Federal, State and Community Affairs.

HB 713. By Representatives Thomas of the 69th, Johnson of the 70th and Shepard of the 71st:
A bill to amend an Act placing the judge of the Probate Court of Carroll County upon an annual salary, so as to change the compensation of the judge of the probate court.
Referred to Committee on Federal, State and Community Affairs.

HB 714. By Representatives Thomas of the 69th, Johnson of the 70th and Shepard of the 71st:
A bill to amend an Act placing the clerk of the Superior Court of Carroll County on a salary basis, so as to change the compensation of the clerk of the Superior Court of Carroll County.
Referred to Committee on Federal, State and Community Affairs.

HB 716. By Representatives Colwell and Twiggs of the 4th:
A bill to provide for the election of the members of the Board of Education of Union County.
Referred to Committee on Federal, State and Community Affairs.

HB 718. By Representative Hanner of the 131st:
A bill to amend an Act creating the office of tax commissioner of Clay County, so as to abolish the present mode of compensating the tax commis sioner of Clay County, known as the fee system.
Referred to Committee on Federal, State and Community Affairs.

TUESDAY, FEBRUARY 22, 1983

1467

HB 719. By Representative Hanner of the 131st:
A bill to abolish the present mode of compensating the judge of the Probate Court of Clay County, known as the fee system; to provide in lieu thereof an annual salary for said officer.
Referred to Committee on Federal, State and Community Affairs.

HB 720. By Representative Hanner of the 131st:
A bill to amend an Act placing the sheriff of Clay County on an annual salary, so as to provide that the sheriff shall not receive a salary above a certain maximum.
Referred to Committee on Federal, State and Community Affairs.

HB 721. By Representative Hanner of the 131st:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Clay County, known as the fee system; to provide in lieu thereof an annual salary for said officer.
Referred to Committee on Federal, State and Community Affairs.

HB 722. By Representative Jones of the 78th:
A bill to amend an Act creating a new charter for the City of Jackson, so as to provide a procedure for declaring vacant the seat of a mayor or council man who removes from his ward or the city.
Referred to Committee on Federal, State and Community Affairs.

HR 69. By Representative Parham of the 105th:
A resolution compensating John J. Gates, Ph.D., in the amount of $2,033.00.
Referred to Committee on Appropriations.

HR 71. By Representative Triplett of the 128th: A resolution compensating Mary D. Reffner in the amount of $1,168.50.
Referred to Committee on Appropriations.

HR 93. By Representative Ramsey of the 3rd:
A resolution compensating Mr. Richard B. Carney in the amount of $1,701.06.
Referred to Committee on Appropriations.

HR 105. By Representative Redding of the 50th: A resolution compensating Mr. Richard Walton in the amount of $5,560.00.
Referred to Committee on Appropriations.

1468

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 347. By Representatives Buck of the 95th, Lambert of the 66th, Pinkston of the 100th and others:
A bill to amend Chapter 35 of Title 33 of the Official Code of Georgia Annotated, relating to prepaid legal services plans, so as to authorize insur ance companies authorized to transact life or accident and sickness insur ance in this state to write prepaid legal services plans.
Senate Sponsor: Senator Stumbaugh of the 55th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Greene Harris Hill Hine Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

Littlefield McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Fincher

Harrison Holloway

McKenzie Timmons

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 22, 1983

1469

HB 428. By Representatives Isakson of the 21st and Pinkston of the 100th:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Authority Act," so as to change the membership of the authority.
Senate Sponsor: Senator Lester of the 23rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Not voting were Senators Brannon and Timmons.

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 357. By Representative Watson of the 114th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Anno tated, relating to motor carriers, so as to change the provisions relating to temporary emergency authority to operate as a motor common carrier.
Senate Sponsor: Senator Holloway of the 12th.

1470

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Dawkins

Littlefield

Timmons

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

HB 159. By Representatives Coleman of the 118th and Buck of the 95th:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to cre ate the State Medical Education Board as the successor to and a continua tion of the heretofore existing State Medical Education Board.

TUESDAY, FEBRUARY 22, 1983

1471

The Conference Committee report on HB 159 was as follows:
The Conference Committee on HB 159 recommends that both the Sen ate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 159 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Julian Bond Senator, 39th District
/s/ Paul C. Broun Senator, 46th District
/s/ W. W. Fincher, Jr. Senator, 54th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Thomas B. Buck HI Representative, 95th District
/s/ Terry L. Coleman Representative, 118th District
/s/ Warren D. Evans Representative, 84th District

Conference Committee substitute to HB 159:

A BILL TO BE ENTITLED AN ACT
To amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to cre ate the State Medical Education Board as the successor to and a continua tion of the heretofore existing State Medical Education Board; to provide for a secretary and treasurer of the board and for clerical assistance; to provide for a chairman and other officers and for meetings; to provide for loans and scholarships and for requirements in connection therewith; to pro vide for certain contracts; to provide for certain arrangements with certain medical colleges; to provide for the cancellation of contracts under certain conditions; to provide for funding; to provide for reports; to provide for a statement of purpose; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, is amended by striking Part 6, which reads as follows:
"Part 6
20-3-510. The State Medical Education Board and its functions are continued. The State Medical Education Board is assigned to the board of regents for administrative purposes only as prescribed in Code Section 50-4-3.",
in its entirety and substituting in lieu thereof a new Part 6 to read as follows:

1472

JOURNAL OF THE SENATE

"Part 6
20-3-510. (a) The State Medical Education Board is created which shall consist of seven members appointed by the Governor who shall be qualified electors of the State of Georgia. The State Medical Education Board (hereinafter referred to as 'board') created by this Code section shall be the successor to and a continuation of the heretofore existing State Medical Education Board. The members of the board in office on July 1, 1983, shall serve out the remainder of their respective terms. The Governor shall appoint two additional members to take office on July 1, 1983, for terms expiring on April 1, 1987. Thereafter, as the term of office of each member expires, the Governor shall appoint their succes sors for a term of four years and until their successors are appointed and qualified. Vacancies shall be filled by appointment by the Governor for the unexpired term.
(b) The board shall elect annually a chairman and also a vice-chair man to serve in the absence or inability of the chairman. The board shall maintain an office in Atlanta, Georgia, and shall meet at said office or elsewhere at least once each year at such time as may be fixed by the board. Special meetings shall be held upon call of the chairman. Four members of the board shall constitute a quorum for the transaction of business, and the board shall keep full, complete, and permanent minutes and records of all its proceedings and actions.
(c) For attending meetings of the board and for traveling in carrying out their official duties, the members of the board shall receive the com pensation and allowances specified by Code Section 4S-7-21.
20-3-511. (a) The secretary of the board shall be whosoever is serv ing as the secretary of the board of regents, and the secretary shall keep the records and minutes of the proceedings of the board and the books, records, and accounts of the board. The secretary's compensation shall be fixed by the board. The secretary shall also be the treasurer of the board and shall keep an account for all the funds of the board. The secretary shall execute and file with the board a surety bond in the sum of $10,000.00, payable to the State of Georgia, and conditioned upon the faithful performance of duties and properly accounting for all funds com ing into said officer's hands as secretary and treasurer. The premium on such bond shall be paid out of the funds of the board.
(b) The board may employ clerical assistance as is required and their compensation shall be fixed by the board.
20-3-512. (a) It shall be the duty of the board to receive and pass upon, allow or disallow all applications for loans made to or scholarships given students who are bona fide citizens and residents of the State of Georgia and who desire to become doctors of medicine and who are ac ceptable for enrollment in an accredited four-year medical school in the United States which has received accreditation or provisional accredita tion by the Liaison Committee on Medical Education of the American Medical Association or the Bureau of Professional Education of the American Osteopathic Association for a program in medical education designed to qualify the graduate for licensure by the Composite State

TUESDAY, FEBRUARY 22, 1983

1473

Board of Medical Examiners of Georgia. The purpose of such loans shall be to enable such applicants to obtain a standard four-year medical edu cation which will qualify them to become licensed to practice medicine in the State of Georgia. It shall be the duty of the board to make a careful and full investigation of the ability, character, and qualifications of each applicant and determine the applicant's fitness to become the recipient of such loan or scholarship, and for that purpose the board may propound such examination to each applicant which it deems proper. The said board may also prescribe such rules and regulations as it deems neces sary and proper to carry out the purpose and intention of this part. The investigation of the applicant shall include an investigation of the ability of the applicant, and of the parents of such applicant, to pay his or her own tuition at such medical school, and the board in granting such loans and scholarships shall give preference to qualified applicants who, and whose parents, are unable to pay the applicant's tuition at such a medical school.
(b) The board shall have authority to grant to each applicant deemed by the board to be qualified to receive the same a loan or schol arship on a one-year renewable basis for the purpose of acquiring a stan dard four-year medical education, upon such terms and conditions as in the judgment of the board may be necessary or desirable. The board is authorized to consider, among other criteria, the home area on the stu dent and the likelihood, if determinable, that the student will practice medicine in an area of this state which may entitle the student to repay the loan through services rendered as provided in this part.
20-3-513. Applicants who are granted loans or scholarships by the board shall receive a loan or scholarship not to exceed $24,000.00 with which to defray the tuition and other expenses of any such applicant in an accredited four-year medical school in the United States which has received accreditation or provisional accreditation by the Liaison Com mittee on Medical Education of the American Medical Association or the Bureau of Professional Education of the American Osteopathic Asso ciation for a program in medical education designed to qualify the gradu ate for licensure by the Composite State Board of Medical Examiners of Georgia. The loans and scholarships shall be paid in such manner as the board shall determine and may be prorated so as to pay to the medical college or school to which any applicant is admitted such funds as are required by that college or school with the balance being paid directly to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the board. The said loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount thereof shall be repaid to the State of Georgia in services to be rendered by the applicant by practicing his or her profession in a board approved community in Georgia of 15,000 pop ulation or less according to the United States decennial census of 1980 or any future such census or at any hospital or facility operated by or under the jurisdiction of the Department of Offender Rehabilitation. For each year of practicing his or her profession in such board approved location, the applicant shall receive credit, with the interest due thereon, for the amount of the scholarship received during any one year in medical school.

1474

JOURNAL OF THE SENATE

20-3-514. (a) Each applicant before being granted a loan or scholar ship shall enter into a contract with the State of Georgia agreeing to the terms and conditions upon which the loan or scholarship is granted, which contract shall include such terms and provisions as will carry out the full purpose and intent of this part. The form of such contract shall be prepared and approved by the Attorney General, and each contract shall be signed by the chairman of the board, countersigned by the secre tary, and shall be signed by the applicant. For the purposes of this part the disabilities of minority of all applicants granted loans or scholarships pursuant to this part are removed, and the said applicants are declared to be of full lawful age for the purpose of entering into the contract pro vided for in this Code section and such contract so executed by an appli cant is declared to be a valid and binding contract the same as though the said applicant were of the full age of majority. The board is vested with full and complete authority to bring an action in its own name against any applicant for any balance due the board on any such contract.
(b) The board shall have the authority to cancel the contract of any applicant at any time for cause deemed sufficient by the board. Upon cancellation of the contract for any cause whatsoever, including default or breach thereof by the applicant, the total uncredited amount of the scholarship paid to the applicant shall at once become due and payable to the board in cash with interest at the minimum rate of 12 percent per annum from the date of each payment by the board and compounded annually to the date the scholarship or loan is paid in full. The board is authorized to increase annually said rate of interest due on loans granted to new recipients; provided, however, that the increased rate of interest shall not exceed by more than 2 percent the prime rate published by the Board of Governors of the Federal Reserve System and in effect at the time of the increase.
20-3-515. It shall be the duty of the board to make inquiry of such four-year medical schools as it deems proper and make arrangements, within the limitations as to cost as provided for in Code Section 20-3513, for the payment of tuition or matriculation fees of enrolled students granted loans or scholarships by the board.
20-3-516. The funds necessary for the loans or scholarships provided for by this part and to administer the terms of this part shall come from funds made available to the board from appropriations to the board of regents for medical scholarships or other purposes. The State Medical Education Board shall be assigned to the board of regents for administra tive purposes only.
20-3-517. The board shall make a biennial report to the General Assembly of its activities, loans or scholarships granted, names of persons to whom granted and the institutions attended by those receiving the same, the location of the applicants who have received their education and become licensed to practice medicine within this state, and where they are practicing, and shall make a full report of all its expenditures for loans or scholarships and expenses incurred pursuant to this part.

TUESDAY, FEBRUARY 22, 1983

1475

20-3-518. It is the purpose and intent of this part to bring about an adequate supply of persons licensed to practice medicine in the more sparsely populated areas of the State of Georgia by increasing the num ber of medical students from Georgia in the various medical schools and inducing a sufficient number of the graduates from medical schools to return to Georgia and practice their profession, thus affording adequate medical care to the people of Georgia."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Fincher of the 54th moved that the Senate adopt the Conference Commit tee report on HB 159.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th BBuryrtaonnt
CCoogbgbin
Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harnson HHiilnle
HHoolrltoown ay
Howard Hudgins Huggins Kennedy Kidd Land

Those not voting were Senators:

Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th cScot..t off 4.,3, rd,
^Sttuarmrb. augh,
Tate Thompson Trulock Turner Tysinger Walker

Allgood

Littlefield

Timmons

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 159.

1476

JOURNAL OF THE SENATE

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 277. By Representatives Williams of the 6th, Robinson of the 58th, Ramsey of the 3rd and others:
A bill to amend Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to obscenity and related offenses, so as to pro hibit the sale, distribution, or display of certain material to minors.

HB 435. By Representative Cox of the 141st:
A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change the provisions relating to delayed registration of birth; to change the provisions relating to permits for disposition.

The following general bills and resolution of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 447. By Representatives Moody of the 153rd, Branch of the 137th, Moore of the 139th and others:
A bill to amend Code Section 27-2-23 of the Official Code of Georgia Anno tated, relating to license, permit, and stamp fees, so as to reduce the sea sonal resident commercial fishing license to $10.00.
Senate Sponsor: Senator Gillis of the 20th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley

Broun of 46th Bryant Burton Cobb Coggin Coverdell

Dawkins Dean English Engram Fincher Foster

TUESDAY, FEBRUARY 22, 1983

1477

Garner Gillis Harrison Hill Hine Holloway Horton Huggins Kennedy

Kidd Land Lester McGill McKenzie Peevy Perry Scott of 2nd Scott of 36th

Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Voting in the negative was Senator Deal.

Those not voting were Senators:

Brannon Brown of 47th Coleman Greene

Harris Howard Hudgins

Littlefield Phillips Timmons

On the passage of the bill, the yeas were 45, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 250. By Representatives Ginsberg of the 122nd, Mullinax of the 81st, Aaron of the 56th and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, the "Employment Security Law," so as to increase the maximum weekly benefit amount from $115.00 to $125.00.
Senate Sponsor: Senator Hill of the 29th.

The report of the commmittee, which was favorable to the passage of the bill, was agreed to.

On 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 the 46th

Brown of the 47th Bryant Burton Cobb Coggin Coverdell Dawkins Deal

Dean Engram Fincher Garner Greene Harris Harrison Hill

1478

JOURNAL OF THE SENATE

Hine Holloway Horton Howard
Huggins Kennedy
Land Littlefield

McKenzie Peevy Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr

Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Coleman
English Foster

Gillis
Kidd Lester

McGill Perry

Not voting were Senators Hudgins and Timmons.

On the passage of the bill, the yeas were 46, nays 8.

The bill, having received the requisite constitutional majority, was passed.

HR 64. By Representative Mostiler of the 75th:
A resolution authorizing and empowering the State of Georgia, acting by and through its Department of Human Resources, to sell and convey by quitclaim deed all of its rights, title, and interests in and to all or any por tion or portions of a certain tract of property situated in Spalding County, Georgia.
Senate Sponsor: Senator Cobb of the 28th.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes
Bond Bowen Broun of 46th Brown of 47th Bryant

Burton Cobb Coggin
Coleman Coverdell Dawkins Deal Dean

English Engram Fincher
Foster Garner Gillis Greene Harris

TUESDAY, FEBRUARY 22, 1983

1479

Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd

Land Lester Littlefield McGill Peevy Perry Phillips Scott of 36th

Scott of 43rd Starr Tate Thompson Trulock Turner Tysinger Walker

Voting in the negative were Senators Brantley and Stumbaugh.

Those not voting were Senators:

Brannon Hill

Hudgins McKenzie

Scott of 2nd Timmons

On the adoption of the resolution, the yeas were 48, nays 2.

The resolution, having received the requisite constitutional majority, was adopted.

HB 179. By Representatives Jackson and Wood of the 9th:
A bill to amend Code Section 33-24-50 of the Official Code of Georgia An notated, relating to action as sureties upon guaranteed arrest bond certifi cates by insurance companies, so as to authorize domestic or foreign insur ance companies, fidelity insurance companies, or surety companies to contract to become sureties on guaranteed arrest bond certificates issued by trucking clubs or associations.
Senate Sponsor: Senator Fincher of the 54th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant

Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill

1480

JOURNAL OF THE SENATE

Mine Holloway Horton " oward HKeungngemdsy
Kidd
Land Lester

Littlefield McGill McKenzie Peey y PPherilrlyips
Scott of 2nd
Scott of 36th Scott of 43rd

Starr Stumbaugh jate Thompson TIrruulloocckk
Turner
Tysinger Walker

Those not voting were Senators:

Brannon

Hudgins

Timmons

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 116. By Representatives Thomas of the 69th, Johnson of the 70th, Bray of the 91st and others:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to courts of municipalities, so as to authorize such courts to try and dispose of criminal cases of possession of one ounce or less of marijuana under certain circumstances.
Senate Sponsor: Senator Garner of the 30th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin

Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene

Harris Harrison Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Land Lester

TUESDAY, FEBRUARY 22, 1983

1481

Littlefield McGill McKenzie Peevy Perry Phillips

Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh

Tate Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Hudgins

Thompson

Timmons

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 313. By Representatives Snow of the 1st, Karrh of the 109th, Chambless of the 133rd and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to require that the Attorney General and the attorneys of record of a convicted person sentenced to death be notified of the date of execution and any changes in that date.
Senate Sponsor: Senator Greene of the 26th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman

Coverdell Dawkins
Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill

Hine Holloway Horton Howard Huggins Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy

1482

JOURNAL OF THE SENATE

Perry Phillips Scott of 2nd Scott of 36th

Scott of 43rd Starr Stumbaugh Tate

Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond

Hudgins

Deal

Thompson

Timmons

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 6. By Representative Richardson of the 52nd:
A bill to amend Chapter 8 of Title 37 of the Official Code of Georgia Anno tated, relating to treatment of alcoholics and intoxicated persons, so as to delay the effective date of certain articles in that chapter.
Senate Sponsor: Senator Thompson of the 32nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On 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
5Brraonutnleoy,f 4,,6thL Brown of 47th Bryant CBoubrtbon
Coggin Coleman Coverdell Dawkins Deal Dean

English Fincher Foster Garner Gillis Greene
SHaarrrri'sSon Hill Hine HHoolrltoown ay
Howard Hudgins Huggins Kennedy Kidd Land

Lester Littlefield McGill McKenzie Perry Phillips
SSccootttt ooff 23n6dth Scott f 43rf ,, S*tluamrrb. augh,
Tate Thompson Trulock Turner Tysinger Walker

TUESDAY, FEBRUARY 22, 1983

1483

Voting in the negative was Senator Peevy.
Not voting were Senators Engram and Timmons.
On the passage of the bill, the yeas were 53, nays 1.
The bill, having received the requisite constitutional majority, was passed.
The following resolution of the Senate was read and adopted:
SR 136. By Senators Tate of the 38th, Foster of the 50th, Deal of the 49th and others: A resolution commending Mr. Daniel W. Wright, Jr.
Senator Allgood of the 22nd moved that the Senate stand in recess from 12:35 o'clock P.M. until 11:50 o'clock P.M. today, and at 11:55 o'clock P.M. stand adjourned until 9:30 o'clock A.M. tomorrow, and the motion prevailed.
At 11:50 o'clock P.M., the President called the Senate to order.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 420. By Representatives Kilgore of the 42nd, Crosby of the 150th, Collins of the 144th and others: A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance fees and taxes, so as to provide for the imposi tion of license fees upon life insurance companies and their agents or brokers.
HB 608. By Representatives Murphy of the 18th, Burruss of the 20th, Lee of the 72nd and others: A bill to amend Code Section 50-5-78 of the Official Code of Georgia Anno tated, providing that it shall be unlawful for the commissioner of the De partment of Adminstrative Services or employees to have financial interest

1484

JOURNAL OF THE SENATE

in contracts or accept money or gifts, so as to make provisions for the at tendance at seminars, courses, lectures, briefings, or similar functions.

The House has adopted by the requisite constitutional majority the following reso lution of the House:

HR 260. By Representatives White of the 132nd, Brooks of the 34th, Randall of the 101st and others:
A resolution relative to reducing the infant mortality rate in Georgia.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 163. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to make and provide appropriations for the State fiscal year beginning July 1, 1983, and ending June 30, 1984.

HB 675. By Representatives Galer of the 97th, Hirsch of the 96th and Groover of the 99th:
A bill to amend Article 1 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment in general, so as to specify when funds or benefits of a pension or retirement program shall be subject to garnishment.

HB 199. By Representatives Greer of the 39th, Adams of the 36th, Daugherty of the 33rd and Murphy of the 18th:
A bill to amend Code Section 47-9-70 of the Official Code of Georgia Anno tated, relating to retirement benefits, disability benefits, spouses benefits, and age of retirement under the Superior Court Judges Retirement System, so as to remove the provisions relating to retirement after reaching 70 years of age.

HB 448. By Representatives Colwell of the 4th, Dobbs of the 74th, Cox of the 141st and others:
A bill to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Administrative Services, so as to authorize the Department of Adminstrative Services to provide for administrative services to local political subdivi sions under certain circumstances.

TUESDAY, FEBRUARY 22, 1983

1485

The House has adopted by the requisite constitutional majority the following reso lution of the House:

HR 243. By Representatives Connell of the 87th, Padgett of the 86th, Cox of the 141st and others:
A resolution designating the last Friday in May as "Foster Grandparents Day."

The House has passed by the requisite constitutional majority the following bills of the House:

HB 294. By Representatives Darden of the 20th, Isakson and Aiken of the 21st and others:
A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to change the definition of the term "cosmetologist."

HB 639. By Representatives Chambless of the 133rd, Phillips of the 125th, Hooks of the 116th and Crawford of the 5th:
A bill to amend Code Section 31-7-8 of the Official Code of Georgia Anno tated, relating to reports of certain disciplinary actions against persons au thorized to practice medicine, so as to change the conditions under which those reports are required.

HB 368. By Representative Williams of the 48th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia An notated, relating to the creation, appointment, and duties of county boards of equalization, so as to provide an alternate method of selecting members and alternate members of county boards of equalization.

HB 458. By Representatives Coleman of the 118th, Hays and Snow of the 1st and others:
A bill to amend Code Section 42-5-58 of the Official Code of Georgia Anno tated, relating to the punishment of inmates generally in correctional institu tions and to transfers of inmates, so as to change the provisions relating to the use of certain restraints.

HB 436. By Representative Cox of the 141st:
A bill to amend Code Section 15-6-50 of the Official Code of Georgia An notated, relating to term of office and qualifications of clerks of the superior courts, so as to change the provisions relating to additional annual training for clerks.

1486

JOURNAL OF THE SENATE

HB 497. By Representative Benefield of the 72nd:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for the reporting of stolen license plates.

HB 379. By Representatives Snow of the 1st, Lawson of the 9th, Evans of the 84th and Chambless of the 133rd:
A bill to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of the Secretary of State, so as to provide for the fee of the Secretary of State for accepting service of process.

HB 393. By Representatives Snow of the 1st, Darden of the 20th, Evans of the 84th and Bray of the 91st:
A bill to amend Code Section 19-11-19 of the Official Code of Georgia An notated, relating to garnishment and orders to withhold and deliver in child support cases, so as to provide definitions; to provide that garnishment based upon a court order for child support of a civil nature shall not be subject to requirements of departmental hearings.

HB 634. By Representative Bargeron of the 108th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change the provisions relative to the amount of paid-in capital stock or surplus required in order to qualify for authority to transact insurance in this state.

HB 272. By Representative Cheeks of the 89th:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to change a definition.

HB 282. By Representative Mangum of the 57th:
A bill to amend Chapter 4 of Title 48 of the Official Code of Georgia Anno tated, relating to tax sales, so as to change the amount payable for redemption.

TUESDAY, FEBRUARY 22, 1983

1487

The House has adopted by the requisite constitutional majority the following reso lutions of the House:

HR 246. By Representative Ware of the 77th: A resolution designating the Pleasant Theodore McCutchen, Sr. Bridge.

HR 156. By Representatives Adams of the 16th, Ross of the 82nd, Phillips of the 93rd and others:
A resolution creating the Blue Ribbon Committee on School Climate.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 622. By Representative Lane of the lllth:
A bill to amend Code Section 21-3-94 of the Official Code of Georgia Anno tated, relating to reopening of qualification for office in nonpartisan munici pal elections, so as to provide for the reopening of qualification for office upon the death of a candidate in nonpartisan municipal elections.

HB 625. By Representatives Dixon of the 151st, Bishop of the 94th and Crosby of the 150th:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change the provisions relating to the special elections held for the purpose of determining whether the manufacture, sale, and distribution of distilled spirits shall be authorized.

The House has adopted by the requisite constitutional majority the following reso lution of the House:

HR 222. By Representatives Home of the 103rd, Pinkston of the 100th, Randall of the 101st and Groover of the 99th:
A resolution authorizing and empowering the State of Georgia, acting by and through its State Properties Commission, to grant and convey to the Bibb County Board of Commissioners, its successors and assigns, certain real property owned or claimed by the state, located within the City of Macon, Bibb County, Georgia.

The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 218. By Senator Brannon of the 51st:
A bill to provide for minimum compensation for certain county officers of Gordon County; to provide for definitions; to provide for qualifications; to

1488

JOURNAL OF THE SENATE

provide for other matters relative to the foregoing; to provide an effective date.

SB 233. By Senators Coleman of the 1st and Bryant of the 3rd:
A bill to amend an Act relating to the school system of the City of Savan nah and Chatham County, as amended, so as to change certain education district designations.

The following bills and resolutions of the House were read the first time and re ferred to committees:

HB 277. By Representatives Williams of the 6th, Robinson of the 58th, Ramsey of the 3rd and others:
A bill to amend Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to obscenity and related offenses, so as to pro hibit the sale, distribution, or display of certain material to minors.
Referred to Committee on Judiciary and Constitutional Law.

HB 435. By Representative Cox of the 141st:
A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change the provisions relating to delayed registration of birth; to change the provisions relating to permits for disposition.
Referred to Committee on Human Resources.

HB 420. By Representatives Kilgore of the 42nd, Crosby of the 150th, Collins of the 144th and others:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance fees and taxes, so as to provide for the imposi tion of license fees upon life insurance companies and their agents or brokers.
Referred to Committee on Federal, State and Community Affairs (General).

HB 608. By Representatives Murphy of the 18th, Burruss of the 20th, Lee of the 72nd and others:
A bill to amend Code Section 50-5-78 of the Official Code of Georgia Anno tated, providing that it shall be unlawful for the commissioner of the De partment of Administrative Services or employees to have financial interest in contracts or accept money or gifts, so as to make provisions for the at tendance at seminars, courses, lectures, briefings, or similar functions.
Referred to Committee on Governmental Operations.

TUESDAY, FEBRUARY 22, 1983

1489

HR 260. By Representatives White of the 132nd, Brooks of the 34th, Randall of the 101st and others:
A resolution relative to reducing the infant mortality rate in Georgia.
Referred to Committee on Human Resources.

HB 163. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to make and provide appropriations for the State fiscal year beginning July 1, 1983, and ending June 30, 1984.
Referred to Committee on Appropriations.

HB 675. By Representatives Galer of the 97th, Hirsch of the 96th and Groover of the 99th:
A bill to amend Article 1 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment in general, so as to specify when funds or benefits of a pension or retirement program shall be subject to garnishment.
Referred to Committee on Judiciary.

HB 199. By Representatives Greer of the 39th, Adams of the 36th, Daugherty of the 33rd and Murphy of the 18th:
A bill to amend Code Section 47-9-70 of the Official Code of Georgia Anno tated, relating to retirement benefits, disability benefits, spouses benefits, and age of retirement under the Superior Court Judges Retirement System, so as to remove the provisions relating to retirement after reaching 70 years of age.
Referred to Committee on Retirement.

HB 448. By Representatives Colwell of the 4th, Dobbs of the 74th, Cox of the 141st and others:
A bill to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Administrative Services, so as to authorize the Department of Adminis trative Services to provide for administrative services to local political subdi visions under certain circumstances.
Referred to Committee on Federal, State and Community Affairs (General).

HR 243. By Representatives Connell of the 87th, Padgett of the 86th, Cox of the 141st and others:
A resolution designating the last Friday in May as "Foster Grandparents Day."
Referred to Committee on Governmental Operations.

1490

JOURNAL OF THE SENATE

HB 294. By Representatives Darden of the 20th, Isakson and Aiken of the 21st and others:
A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to change the definition of the term "cosmetologist".
Referred to Committee on Governmental Operations.

HB 639. By Representatives Chambless of the 133rd, Phillips of the 125th, Hooks of the 116th and Crawford of the 5th:
A bill to amend Code Section 31-7-8 of the Official Code of Georgia Anno tated, relating to reports of certain disciplinary actions against persons au thorized to practice medicine, so as to change the conditions under which those reports are required.
Referred to Committee on Human Resources.

HB 368. By Representative Williams of the 48th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia An notated, relating to the creation, appointment, and duties of county boards of equalization, so as to provide an alternate method of selecting members and alternate members of county boards of equalization.
Referred to Committee on Federal, State and Community Affairs (General).

HB 458. By Representatives Coleman of the 118th, Hays and Snow of the 1st and others:
A bill to amend Code Section 42-5-58 of the Official Code of Georgia Anno tated, relating to the punishment of inmates generally in correctional institu tions and to transfers of inmates, so as to change the provisions relating to the use of certain restraints.
Referred to Committee on Offender Rehabilitation.

HB 436. By Representative Cox of the 141st:
A bill to amend Code Section 15-6-50 of the Official Code of Georgia Anno tated, relating to term of office and qualification of clerks of the superior courts, so as to change the provisions relating to additional annual training for clerks.
Referred to Committee on Governmental Operations.

HB 497. By Representative Benefield of the 72nd:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, as so to provide for the reporting of stolen license plates.
Referred to Committee on Public Safety.

TUESDAY, FEBRUARY 22, 1983

1491

HB 379. By Representatives Snow of the 1st, Lawson of the 9th, Evans of the 84th and Chambless of the 133rd:
A bill to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to provide for the fee of the Secretary of State for accepting service of process.
Referred to Committee on Governmental Operations.

HB 393. By Representatives Snow of the 1st, Darden of the 20th, Evans of the 84th and Bray of the 91st:
A bill to amend Code Section 19-11-19 of the Official Code of Georgia An notated, relating to garnishment and orders to withhold and deliver in child support cases, so as to provide definitions; to provide that garnishment based upon a court order for child support of a civil nature shall not be subject to requirements of departmental hearings.
Referred to Committee on Judiciary and Constitutional Law.

HB 634. By Representative Bargeron of the 108th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change the provisions relative to the amount of paid-in capital stock or surplus required in order to qualify for authority to transact insurance in this state.
Referred to Committee on Insurance.

HB 272. By Representative Cheeks of the 89th:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to change a definition.
Referred to Committee on Retirement.

HB 282. By Representative Mangum of the 57th:
A bill to amend Chapter 4 of Title 48 of the Official Code of Georgia Anno tated, relating to tax sales, so as to change the amount payable for redemption.
Referred to Committee on Banking and Finance.

HR 156. By Representatives Adams of the 16th, Ross of the 82nd, Phillips of the 93rd and others:
A resolution creating the Blue Ribbon Committee on School Climate.
Referred to Committee on Education.

1492

JOURNAL OF THE SENATE

HB 622. By Representative Lane of the lllth:
A bill to amend Code Section 21-3-94 of the Official Code of Georgia Anno tated, relating to reopening of qualification for office in nonpartisan munici pal elections, so as to provide for the reopening of qualification for office upon the death of a candidate in nonpartisan municipal elections.
Referred to Committee on Governmental Operations.

HB 625. By Representatives Dixon of the 151st, Bishop of the 94th and Crosby of the 150th:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change the provisions relating to the special elections held for the purpose of determining whether the manufacture, sale, and distribution of distilled spirits shall be authorized.
Referred to Committee on Consumer Affairs.

HR 222. By Representatives Home of the 103rd, Pinkston of the 100th, Randall of the 101st and Groover of the 99th:
A resolution authorizing and empowering the State of Georgia, acting by and through its State Properties Commission, to grant and convey to the Bibb County Board of Commissioners, its successors and assigns, certain real property owned or claimed by the state, located within the City of Macon, Bibb County, Georgia.
Referred to Committee on Public Utilities.

HR 246. By Representative Ware of the 77th: A resolution designating the Pleasant Theodore McCutchen, Sr. Bridge.
Referred to Committee on Transportation.

At 11:55 o'clock P.M., the President announced the Senate adjourned pursuant to a previously adopted motion until 9:30 o'clock A.M. tomorrow.

WEDNESDAY, FEBRUARY 23, 1983

1493

Senate Chamber, Atlanta, Georgia
Wednesday, February 23, 1983
Thirty-fourth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 300. By Senator Engram of the 34th:
A bill to amend an Act creating a new charter for the Town of Tyrone, so as to provide the terms of the councilmen and to provide for their election.
Referred to Committee on Federal, State and Community Affairs.

SB 301. By Senators Scott of the 2nd, Coleman of the 1st and Bryant of the 3rd:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to provide that there shall be eight aldermen of the City of Savannah; to provide for filling vacancies on the Board of Aldermen of the City of Savannah.
Referred to Committee on Federal, State and Community Affairs.

SB 302. By Senator Greene of the 26th:
A bill to amend an Act providing a new charter for the City of Macon, so as to provide that the president pro tempore of the city council shall be selected from the full body of council by majority vote of all members of council; to provide for filling a vacancy of the presidency.
Referred to Committee on Federal, State and Community Affairs.

SR 140. By Senators McGill of the 24th, English of the 21st, Walker of the 19th and others:
A resolution urging the United States Congress and the United States Sec retary of Agriculture to remove the assessment on milk.
Referred to Committee on Agriculture.

1494

JOURNAL OF THE SENATE

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Economic Development and Tourism has had under considera tion the following bill and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 287. Do pass by substitute. HR 255. Do pass.
Respectfully submitted,
Senator Broun of the 46th District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bill and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 122. Do pass by substitute. HB 492. Do pass.

HR 145. Do pass. HR 220. Do pass.

Respectfully submitted,

Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation 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 123. SB 288. SB 293. SB 294. HB 409. HB 611.

Do pass. Do pass by substitute. Do pass. Do pass. Do pass. Do pass.

HB 615. HB 628. HB 655. HB 656. HB 673. HB 674.

Do pass by substitute. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Scott of the 43rd District, Chairman

WEDNESDAY, FEBRUARY 23, 1983

1495

Mr. President:

The Committee on Human Resources 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 119. SR 131. HB 10. HB 80.

Do pass. Do pass. Do pass. Do pass as amended.

HB 399. HB 400. HB 507. HB 551.

Do pass. Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Human Resources 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 129. Do pass as amended.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Industry and Labor 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 366. Do pass. HB 439. Do pass.

HB 460. Do pass. HB 645. Do pass.

Respectfully submitted,

Senator Walker of the 19th 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:

1496

JOURNAL OF THE SENATE

HB 249.

Do pass as amended. Respectfully submitted, Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law 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 209. Do pass by substitute. HB 231. Do pass.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HB 633. Do pass.
Respectfully submitted,
Senator Timmons of the 11 th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 265. By Senator Hine of the 52nd:
A bill to incorporate the City of Adairsville in the County of Bartow and provide a charter therefor.

SB 287. By Senator Kidd of the 25th:
A bill to consolidate the offices of tax receiver and tax collector of Jones County into the office of tax commissioner of Jones County.

SB 289. By Senators Barnes of the 33rd, Thompson of the 32nd and Brantley of the 56th:
A bill to provide for the existence of vacancies in the membership of the Powder Springs Downtown Development Authority under certain circum-

WEDNESDAY, FEBRUARY 23, 1983

1497

stances; to authorize the exclusion of certain property from taxation by the Powder Springs Downtown Development Authority; to provide for other
matters relative to the foregoing.

SR 125. By Senators Coleman of the 1st and Scott of the 2nd:
A resolution creating the Compensation to Victims of Crime Study Committee.

SR 126. By Senators Howard of the 42nd and Starr of the 44th: A resolution creating the Medicaid Coverage Study Committee.

HB 12. By Representative Phillips of the 125th:
A bill to amend Code Section 15-6-77 of the Official Code of Georgia Anno tated, relating to certain filing fees charged by superior courts, so as to change certain fees; to amend Code Section 11-9-40 of the Official Code of Georgia Annotated, relating to termination statements in secured transac tions, so as to change certain filing fees charged by superior courts.

HB 83. By Representatives Brooks of the 34th and Daugherty of the 33rd:
A bill to amend Chapter 3 of Title 35 of the Official Code of Georgia Anno tated, relating to the Georgia Bureau of Investigation, so as to create within the Georgia Bureau of Investigation an Antiterrorism Task Force.

HB 85. By Representative Adams of the 36th:
A bill to provide for authority; to continue in force and effect as part of the Constitution ratified at the general election in 1982 that Constitutional Amendment Number 76 (Res. Act 22, H.R.10-35, Ga. L. 1979, p. 1797).

HB 119. By Representative Mostiler of the 75th:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Sections 34-8-102 and 34-8-81 of the Official Code of Georgia Annotated, relating to employ ment security, of additional funds which are otherwise available to the De partment of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States.

HB 121. By Representatives Lawson of the 9th, Snow of the 1st, Williams of the 48th and others:
A bill to implement certain changes required by Article VI of the Constitu tion of the State of Georgia; to amend Title 15 of the Official Code of Geor gia Annotated, relating to courts, so as to provide for a magistrate court in each county and for the jurisdiction, powers, officers, proceedings, and oper ation of such courts.

1498

JOURNAL OF THE SENATE

HB 127. By Representatives Marcus of the 26th, Walker of the 115th, Snow of the 1st and others:
A bill to amend Code Section 48-5-161 of the Official Code of Georgia An notated, relating to the time for issuance of tax executions and attachment of a receipt to said executions.

HB 135. By Representatives Evans of the 84th, Smyre of the 92nd and Walker of the 115th:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Anno tated, relating to bonds and recognizances, so as to provide that certain offenses will not be bailable.

HB 189. By Representatives Walker of the 115th, Evans of the 84th, Smyre of the 92nd and Murphy of the 18th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to annual salaries of certain state officials, so as to change the salaries of certain officials.

HB 230. By Representatives Murphy of the 18th, Burruss of the 20th, Collins of the 144th and others:
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 pro vide for preferential assessment of tangible real property which is devoted to bona fide agricultural purposes.

HB 245. By Representatives Shepard of the 71st, Johnson of the 70th, Parham of the 105th and Moore of the 139th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to issuance of bad checks, so as to change certain penalties and a definition.

HB 266. By Representative Childs of the 53rd:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Anno tated relating to the Employees' Retirement System of Georgia, so as to change a definition.

HB 327. By Representatives Ross of the 82nd, Murphy of the 18th, Mostiler of the 75th and others:
A bill to amend Code Section 50-13-2 of the Official Code of Georgia Anno tated, relating to definitions under the "Georgia Administrative Procedure Act," so as to provide that the word "agency" shall mean and include the State Board of Education and the State Department of Education.

WEDNESDAY, FEBRUARY 23, 1983

1499

HB 410. By Representative Selman of the 32nd:
A bill to amend an Act establishing a new charter for the City of Palmetto, so as to annex into the corporate limits of the city certain property upon which the City of Palmetto reservoir is located.

HB 427. By Representatives Home of the 103rd and Workman of the 51st:
A bill to amend Code Section 10-5-3 of the Official Code of Georgia Anno tated, relating to the requirement for dealers and salesmen to file surety bonds or deposits, so as to provide exemption for members of the Securities Investor Protection Corporation.

HB 485. By Representatives Brown of the 88th, Cheeks of the 89th, Connell of the 87th and others:
A bill to amend Code Section 21-3-10 of the Official Code of Georgia Anno tated, relating to the authorization by the governing authority of certain municipalities to allow the county to conduct all municipal elections, so as to provide that the governing authority of certain municipalities may authorize the county to conduct all municipal elections in said municipalities.

HB 505. By Representatives Walker of the 115th and Evans of the 84th:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions of the State and counties, so as to provide that earnedtime allowances shall not be awarded to certain inmates.

HB 541. By Representative Reaves of the 147th:
A bill to amend Code Section 2-1-4 of the Official Code of Georgia Anno tated, relating to required anti-syphon devices for irrigation systems, so as to specify which irrigation systems are required to have such devices.

HB 557. By Representative Birdsong of the 104th:
A bill to amend an Act creating the board of commissioners of Wilkinson County, so as to change the compensation of the members of the board of commissioners.

HB 558. By Representative Birdsong of the 104th:
A bill to amend an Act creating the Board of Commissioners of Wilkinson County, so as to change the provisions relating to the election of the mem bers of the board.

HB 561. By Representative Birdsong of the 104th:
A bill to amend an Act creating a new Board of Education of Wilkinson County, so as to provide for the election of a new Board of Education of Wilkinson County as the successor to the heretofore existing board.

1500

JOURNAL OF THE SENATE

HB 574. By Representatives Alford and Athon of the 57th, Childs of the 53rd and others:
A bill to amend an Act creating the State Court of DeKalb County, so as to remove certain county residency requirements.

HB 590. By Representative Waldrep of the 80th: A bill to abolish the office of treasurer of Jasper County.

HB 607. By Representatives Isakson, Aiken and Wilder of the 21st and others:
A bill to amend an Act creating the Downtown Marietta Development Au thority, so as to provide for enlargement of the Downtown Marietta District.

HB 612. By Representative Hanner of the 131st:
A bill to amend an Act creating and establishing a Small Claims Court of Terrell County, so as to change the provisions relating to costs in certain cases of garnishment.

HB 613. By Representatives Dobbs of the 74th and Lambert of the 66th:
A bill to amend an Act creating and establishing a small claims court in and for Newton County, so as to require the court to impose an additional fee in connection with each claim or proceeding filed in the small claims court or any successor court.

HB 627. By Representative Marcus of the 26th:
A bill to amend Code Section 3-8-1 of the Official Code of Georgia Anno tated, relating to the regulation and taxation of the sale and storage of alco holic beverages at airports owned and operated by counties or municipali ties, so as to authorize the issuance of licenses for and the sale, storage, and distribution of alcoholic beverages within the boundaries of airports owned or operated or both by counties or municipalities.

HB 630. By Representative Branch of the 137th:
A bill to amend an Act creating the office of tax commissioner of Ben Hill County, so as to provide that the tax commissioner shall be compensated by an annual salary rather than by any fees.

HB 631. By Representative Cummings of the 17th:
A bill to amend an Act creating a new charter for the City of Cedartown, so as to change certain fines.

WEDNESDAY, FEBRUARY 23, 1983

1501

HB 632. By Representatives Pettit of the 19th and Cummings of the 17th:
A bill to amend an Act creating and establishing a new charter for the Town of Taylorsville, so as to correct and clarify the corporate limits of the Town of Taylorsville.

HB 641. By Representatives Buck of the 95th, Hirsch of the 96th, Galer of the 97th and others:
A bill to amend an Act ratifying, confirming, enacting, and incorporating the charter of the county-wide government of Columbus, Georgia, so as to change the penalties for violations of ordinances, rules and regulations.

HR 15. By Representatives Childers and McKelvey of the 15th:
A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia, to the City of Adairsville.

HR 106. By Representatives Connell of the 87th, Barnes of the 90th, Padgett of the 86th and others:
A resolution authorizing the State of Georgia to convey certain state-owned property located within the City of Augusta, Richmond County, Georgia, to the City Council of Augusta.

HR 154. By Representative Parham of the 105th:
A resolution authorizing the conveyance of certain state owned properties located in Baldwin County, Georgia.

HR 158. By Representatives McVeigh of the 155th and Auten of the 156th:
A resolution authorizing and empowering the State of Georgia, acting by and through its State Properties Commission, to grant and convey to the City of Brunswick, Georgia, its successors and assigns, an easement in cer tain real property owned or claimed by the state, situated on the BrunswickAltamaha Canal in Glynn County, Georgia, for the construction, installa tion, operation, maintenance, repair, and replacement thereon of an expan sion of the existing Academy Creek Wastewater Treatment Facility.

The following local, uncontested bill of the House, favorably reported by the com mittee, was read the third time and put upon its passage:

HB 636. By Representatives Martin of the 60th, Millsaps of the 61st, Russell of the 64th and others:
A bill to amend an Act creating a new board of commissioners of Gwinnett County, so as to change the composition of the districts from which mem bers of the board are elected.

1502

JOURNAL OF THE SENATE

Senator Phillips of the 9th offered the following substitute to HB 636:

A BILL TO BE ENTITLED AN ACT
To amend an Act creating a new board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 3113), so as to change the composition of the districts from which members of the board are elected; to provide for the election of members therefrom; to pro vide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 3113), is amended by striking Section 3, relating to commissioner districts, and in serting new Sections 3 and 3.1 to read as follows:
"Section 3. (a) The commission established herein shall consist of four members and a chairman. The chairman shall be elected by the qualified voters of the entire county and may reside in any district in Gwinnett County, but each candidate for membership on the commission shall be a resident of the commissioner district hereinafter created, which he offers to represent, excluding the chairman, and shall be elected by the qualified voters of said district. For the purpose of electing commis sion members, Gwinnett County is hereby divided into four commissioner districts to be constituted and designated as follows:
Commissioner District No. 1
Gwinnett Tract 501 Tract 502.01 Block Groups 1 and 2 Blocks 301 through 304, 307, 308, 311, and 313 through 326 Block Groups 4, 6, and 7 Tract 502.02 Tract 505.01 Block Groups 1 through 4 That part of Block 703 within the City of Lawrenceville and that part of Block 703 outside the City of Lawrenceville which lies on the north side of Old Norcross-Lawrenceville Road Blocks 704 through 718, 720, 722 through 731, 798, and 799 Tract 505.02

WEDNESDAY, FEBRUARY 23, 1983

1503

Tract 505.03 Blocks 110 through 117 and 134 through 136
Tract 505.05 Those parts of Blocks 207 and 208 which lie to the north and west of Yellow River Block Groups 3 and 4
Tract 506 Blocks 101 through 153 and 155 Block Group 2 Blocks 301 through 314 and 317 through 323 Those parts of Blocks 324, 333, and 335 outside the City of Dacula
Commissioner District No. 2
Gwinnett Tract 502.01 Blocks 348 through 350 Tracts 503.01 through 503.03 and 504.01 Tract 504.02 Blocks 108 through 115, 117, and 118 That part of Block 119 outside the City of Lilburn Blocks 126 and 127 Block Groups 2 and 3 That part of Block 405 outside the City of Lilburn
Commissioner District No. 3
Gwinnett Tract 504.02 Blocks 101 through 107 That part of Block 119 within the City of Lilburn Blocks 120 through 125 and 401 through 404 That part of Block 405 within the City of Lilburn Blocks 406 through 414 and 417 Block Group 5 Tracts 504.03 and 504.04 Tract 504.05 Blocks 104, 105, 107, and 150 Block Groups 2 through 6 Tract 507.02 Tract 507.03 Block 504 Tract 507.04

1504

JOURNAL OF THE SENATE

Commissioner District No. 4
Gwinnett Tract 504.05 Blocks 101 through 103 Tract 505.01 Block 701 That part of Block 703 outside the City of Lawrenceville which is bordered on the northwest by State Highway 316 and on the northeast by State Highway 120 Tract 505.03 Blocks 101 through 109, 118 through 133, 138 through 143, and 145 through 151 Block Group 2 Tract 505.04 Tract 505.05 Block Group 1 Blocks 201 through 206 Those parts of Blocks 207 and 208 which lie to the south and east of Yellow River Blocks 209 and 210 Block Groups 5 and 6 Tract 506 Blocks 154, 156, 315, and 316 That part of Block 324 within the City of Dacula Blocks 325 through 332 That part of Block 333 within the City of Dacula Block 334 That part of Block 335 within the City of Dacula Blocks 336 through 347 Block Groups 4, 5, and 9 Tract 507.01 Tract 507.03 Block Groups 1 through 4 Blocks 501 through 503 and 505 through 513 Block Groups 6 through 8 Tract 507.05
(b) For the purposes of this section:
(1) The terms 'Tract' or 'Census Tract,' 'Block Group,' and 'Block' shall mean and shall describe the same geographical boundaries as pro vided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.

WEDNESDAY, FEBRUARY 23, 1983

1505

(c) Any part of Gwinnett County which is not included in any com missioner district described in this section shall be included within that district contiguous to such part which contains the least population ac cording to the United States decennial census of 1980 for the State of Georgia.
Section 3.1. (a) Not sooner than July 1, 1983, and not later than ten days after July 1, 1983, the election superintendent of Gwinnett County shall issue the call for a special primary for the purpose of nominating members of the board from Commissioner Districts No. 2 and No. 4. The date of the special primary shall be set for a date not less than 30 and not more than 60 days after the date of the call.
(b) After the special primary there shall be held a special primary run-off election, if necessary, and a special election for these offices pur suant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
(c) The members of the board from Commissioner Districts No. 2 and No. 4 elected pursuant to subsection (a) of this section shall take office immediately following their election for a term of office ending on December 31, 1986.
(d) The members of the board from Commissioner Districts No. 1 and No. 3 in office on the effective date of this subsection shall serve out the terms for which they were elected, such terms expiring on December 31, 1984.
(e) Future members of the board shall be elected for terms of four years beginning on the first day of January next following their election. Members from Commissioner Districts No. 1 and No. 3 shall be elected in 1984 and quadrennially thereafter. Members from Commissioner Dis tricts No. 2 and No. 4 shall be elected in 1986 and quadrennially thereafter."
Section 2. This Act shall become effective July 1, 1983.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 8, nays 33, 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, the yeas were 37, nays 6.

The bill, having received the requisite constitutional majority, was passed.

1506

JOURNAL OF THE SENATE

Senator Phillips of the 9th asked unanimous consent that it be recorded in the Senate Journal that he voted against HB 636, and the consent was granted.

The President called for the morning roll call, and the following Senators an swered to their names:

Allgood Barker Barnes Bond Bowen
Bo roun,of 46th,. Brown of 47th BBuryrtaonnt Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis
Harris Harrison HHoilllloway Howard Huggins Kidd Land Lester Littlefield McGill

McKenzie Peevy Perry Phillips Scott of 2nd
Sgcoutt ooff 4336fthd
St.um.baugh. Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not answering were Senators:

Brannon Fincher

Hine Horton

Hudgins Kennedy (excused)

Senator Land of the 16th introduced the chaplain of the day, Reverend David Howle, pastor of Edgewood Baptist Church, Columbus, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate, favorably reported by the committee, was read and put upon its adoption:

SR 131. By Senators Burton of the 5th, Phillips of the 9th, Bond of the 39th and others:
A resolution urging the Department of Human Resources to coordinate its activities with those in the private medical sector and those provided by vol untary health agencies.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

The resolution was adopted.

WEDNESDAY, FEBRUARY 23, 1983

1507

The following resolutions of the Senate were read and adopted:

SR 137. By Senators Lester of the 23rd and Allgood of the 22nd: A resolution commending Mr. Jim Davis.

SR 142. By Senator Kidd of the 25th: A resolution commending Arthur and Frances Barnes.

SR 144. By Senator Garner of the 30th:
A resolution commending Mr. Jim Steele, principal of Stewart Middle School and the faculty and staff of Stewart Middle School.

SR 114 HB 36 HB 44 HB 71 HB 72 HB 75 HB 246 HB 286 HB 325 HB 330 HB 355 HB 361 HB 397 HB 432

SENATE RULES CALENDAR
Wednesday, February 23, 1983
THIRTY-FOURTH LEGISLATIVE DAY
Lower Chattahoochee River Study Committee--create (NREQ--15th)
Officers of House and Senate--repeal provisions on election (Judy--49th)
Negotiable Note--payment and satisfaction (B&F--15th)
Real Estate License Fees--change certain provisions (SUBSTI TUTE) (I&L--44th)
Bad Checks--present consideration include child support (SUBSTI TUTE) (J&CL--16th)
County Boards of Tax Assessors--not required to be less than 72 years of age (FS&CA-G--43rd)
Specialized Land Transactions--regulate time-share estates (ED&T--37th)
Insurance--fees and taxes (Ins--14th)
Child Support Recovery Act--acknowledging paternity (AMEND MENT) (C&Y--39th)
Peddling, Conducting Business--no license for certain veterans (D&VA--7th)
Public Safety Department I.D. Cards--no fee for certain persons (D&VA--52nd)
Bond for Natural Guardians of Minors--change conditions (C&Y--15th)
Policemen, Firemen, Prison Guard Indemnification--permanent disa bility (Pub Saf--llth)
Private Colleges and Universities Facilities Authority Act--change short title (H Ed--20th)

1508

JOURNAL OF THE SENATE

HB 504 HB 555 HR 12 HR 14 HR 66 HR 76

Cancellation of Indebtedness by Grantee upon Payment--define re volving loan account (B&F--8th)
Certain Property--prohibit local annexation for 5 years (FS&CAG--33rd)
Tax Credit for Family Support of Mentally Retarded Study Commit tee--create (Hum R--42nd)
Dawson County--conveyance of state owned property (Pub U--50th)
Brooks County--conveyance of certain state owned property (Pub U--8th)
Atlanta, Fulton County--authorize leasing of certain state owned property (Pub U--47th)

Respectfully submitted,
/s/ Dean of the 31st, Chairman Senate Rules Committee

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 114. By Senator Hudgins of the 15th: A resolution creating the Lower Chattahoochee River Study Committee.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coleman Dawkins Deal Dean

English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins

Kidd Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate

WEDNESDAY, FEBRUARY 23, 1983

1509

Thompson Timmons

Trulock Turner

Tysinger Walker

Those not voting were Senators:

Broun of 46th
Coggin Coverdell

Fincher Hill

Kennedy (excused) Land

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 36. By Representatives Snow of the 1st, Karrh of the 109th, Bray of the 91st and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions relative to the General Assembly of Georgia, so as to repeal the provisions relating to the election of the Presi dent of the Senate and the Speaker of the House of Representatives and the President Pro Tempore of the Senate and the Speaker Pro Tempore of the House of Representatives.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell

Deal Dean English Engram Fincher Foster Garner Gillis Harris Harrison Hill Hine Holloway

Horton Howard Huggins Kidd Land Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd

1510

JOURNAL OF THE SENATE

Scott of 36th Scott of 43rd Starr Stumbaugh

Tate Thompson Timmons Trulock

Turner Tysinger Walker

Those not voting were Senators:

Coggin Coleman

Dawkins Greene

Hudgins Kennedy (excused)

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Allgood of the 22nd moved that Senator Kennedy of the 4th be excused from the Senate today due to the illness and hospitalization of his son.

On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Ken nedy of the 4th was excused from the Senate today.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 44. By Representative Bray of the 91st:
A bill to amend Article 3 of Title 11 of the Official Code of Georgia Anno tated, relating to commercial paper, so as to change the provisions relating to payment or satisfaction; to provide for defenses against the assignee of a negotiable note.
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 Barker Barnes Bond Bowen Brannon

Brown of 47th Bryant Burton Cobb Coggin Coleman

Coverdell Dawkins Deal Dean English Engram

WEDNESDAY, FEBRUARY 23, 1983

1511

Fincher Foster Garner Gillis Greene HHaarrrriisson
Hill
Hine
Holloway
Horton Howard

Hudgins Muggins Kidd Land Lester LMitctGleiflileld
McKenzie
Peevy
Perry
Phillips Scott of 2nd

Scott of 36th Scott of 43rd Starr Stumbaugh T, TTMhompson
Timmons
Trulock
Turner
Tysinger Walker

Those not voting were Senators:

Brantley

Broun of 46th

Kennedy (excused)

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 71. By Representatives Johnson, Benefield and Lee of the 72nd and Isakson of the 21st:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real-estate brokers and salespersons, so as to change certain provisions relating to real-estate license fees.
Senate Sponsor: Senator Starr of the 44th.

The Senate Committee on Industry and Labor offered the following substitute to HB 71:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 40 of Title 43 of the Official Code of Georgia Anno tated, relating to real estate brokers and salespersons, so as to change cer tain provisions relating to real-estate license fees and renewal of real estate licenses; to change certain provisions relating to suspension and revocation of such licenses; to change certain provisions relative to trust accounts; to change certain requirements for maintaining actions; to change certain pro visions relating to the imposition of sanctions by the Georgia Real Estate Commission for violations; to change the provisions relating to violations by real-estate licensees, schools, and instructors; to change certain provisions relating to investigations by the Georgia Real Estate Commission; to provide for reactivation of certain salespersons' licenses which have lapsed; to pro vide effective dates; to provide for automatic repeal of certain provisions of

1512

JOURNAL OF THE SENATE

this Act; to provide for matters relative to the foregoing; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 40 of Title 43 of the Official Code of Georgia Anno tated, relating to real estate brokers and salespersons, is amended by strik ing subsections (f) and (i) of Code Section 43-40-12, relating to real-estate license fees, and inserting in their respective places new subsections (f) and (i) to read as follows:
"(0 Any licensee who fails to pay a renewal fee and allows his ac tive license to lapse may reactivate his license within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when his license was lapsed plus a reactivation fee. Any licensee who has passed an exam ination administered by or approved by the commission, and who has allowed his active license to lapse for a period longer than two years due solely to a failure to pay a renewal fee may reinstate that license by paying the total amount of all renewal fees and late charges which would have been due during the period when his license was lapsed plus a reac tivation fee and by successfully completing any resident educational course or courses which the commission may require. Any licensee whose license has lapsed for longer than two years and who reactivates it under the terms of this paragraph shall thereafter be subject to the continuing education requirements of subsection (d) of Code Section 43-40-8."
"(i) Any check which is presented to the commission as payment for any fee which the commission is permitted to charge under this chapter and which is returned unpaid may be cause for denial of license or for imposing any sanction permitted under Code Section 43-40-25."
Section 2. Said chapter is further amended by striking subsection (e) of Code Section 43-40-15, relating to granting or revoking real-estate licenses, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The conduct provided for in subsections (a), (b), and (c) of this Code section which relates to the denial of a real estate license to an applicant shall also be grounds for suspension or revocation of a license under this chapter when the conduct is that of a licensed real estate agent under this chapter.",
and by adding at the end of Code Section 43-40-15 a new subsection, to be designated subsection (f), to read as follows:
"(0 If a licensee:
(1) Voluntarily surrenders his license to the commission;
(2) Allows his license to lapse due to failure to meet educational requirements provided by law; or
(3) Allows his license to lapse due to failure to pay any required fees after the commission has filed a notice of hearing alleging that such li-

WEDNESDAY, FEBRUARY 23, 1983

1513

censee has violated any provision of this chapter but before the commis sion enters a final order in the matter, then upon submission of a new application by such licensee the matters asserted in the notice of hearing shall be deemed admitted and may be used by the commission as grounds for refusal of a new license to such licensee."
Section 3. Said chapter is further amended by adding at the end of Code Section 43-40-20, relating to requirements of trust or escrow checking accounts for real estate business, a new subsection, to be designated subsec tion (h), to read as follows:
"(h) The commission, in its discretion, may allow a nonresident bro ker to maintain the trust account required in subsection (a) of this Code section in a bank of such nonresident broker's state of residence, provided that the commission is authorized to examine the account at such time or times as the commission may elect and that the licensee meets the re quirements of any rules which the commission may establish regarding the maintenance of such accounts."
Section 4. Said chapter is further amended by striking Code Section 43-40-24, relating to the requirements for maintaining certain actions, and inserting in lieu thereof a new Code Section 43-40-24 to read as follows:
"43-40-24. (a) No person shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this chapter without alleging and proving that he was a licensed broker at the time the alleged cause of action arose.
(b) No broker shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this chapter without alleging and proving that any associate broker or salesperson acting in the broker's behalf was duly licensed at the time the alleged cause of action arose.
(c) No broker shall bring or maintain any action against another broker nor shall any associate broker or salesperson bring or maintain any action against the broker holding his or her license for the collection of compensation under this chapter without alleging and proving that he or she was a licensee at the time the alleged cause of action arose.
(d) The commission by and through its commissioner may bring an action for any violation of this chapter."
Section 5. Said chapter is further amended by striking Code Section 43-40-25, relating to violations by real estate licensees, schools, or instruc tors, in its entirety and inserting in lieu thereof a new Code Section 43-4025 to read as follows:
"43-40-25. (a) After holding a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the commis sion shall have the power to censure licensees and approved schools or instructors; to revoke or suspend any license issued under this chapter; to revoke or suspend approval of any school or instructor; to require comple tion of a course of study in real estate brokerage or instruction; to require

1514

JOURNAL OF THE SENATE

the filing of periodic reports by an independent accountant on a real es tate broker's designated trust account; or to utilize any combination of these sanctions which the commission may deem appropriate, whenever a license, school, or instructor approval has been obtained by false or fraudulent representation or whenever a licensee, approved school, or in structor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the commission, or of any unfair trade practices, including, but not limited to, the following:
(1) Refusing, because of race, color, national origin, or ethnic group, to show, sell, or rent any real estate for sale or rent to prospective pur chasers or renters;
(2) Intentionally advertising material which is misleading or inaccu rate or which in any way misrepresents any property, terms, values, poli cies, or services of the business conducted;
(3) Failing to account for and remitting any money coming into his possession which belongs to others;
(4) Comingling the money or other property of his principals with his own;
(5) Failing to maintain and deposit in a separate, noninterest-bearing checking account all money received by said broker acting in said capacity, or as escrow agent or the temporary custodian of the funds of others, in a real estate transaction unless all parties having an interest in said funds have agreed otherwise in writing;
(6) Accepting, giving, or charging any undisclosed commission, re bate, direct profit, or expenditures made for a principal;
(7) Representing or attempting to represent a real estate broker, other than the broker holding his license, without the express knowledge and consent of the broker holding his license;
(8) Accepting a commission or other valuable consideration by an associate broker or salesman from anyone other than the broker holding his license without the consent of the broker holding his license;
(9) Acting in the dual capacity of agent and undisclosed principal in any transaction;
(10) Guaranteeing or authorizing any person to guarantee future profits which may result from the resale of real property;
(11) Placing a sign on any property offering it for sale or rent with out the written consent of the owner or his authorized agent and failing to remove such sign within ten days after the expiration of listing;
(12) Offering real estate for sale or lease without the knowledge and consent of the owner or his authorized agent or on terms other than those authorized by the owner or his authorized agent;
(13) Inducing any party to a contract of sale or lease to break such

WEDNESDAY, FEBRUARY 23, 1983

1515

contract for the purpose of substituting in lieu thereof a new contract with another principal;
(14) Negotiating a sale, exchange, or lease of real estate directly with an owner or lessor if he knows that such owner has a written out standing contract in connection with such property granting an exclusive agency or an exclusive right to sell to another broker;
(15) Accepting employment or compensation for appraising real es tate, contingent upon the reporting of a predetermined value or issuing an appraisal report on real estate in which he has an undisclosed interest;
(16) Soliciting, selling, or offering real estate for sale by offering free lots or conducting lotteries for the purpose of influencing a purchaser or prospective purchaser of real estate;
(17) Paying a commission or compensation to any person for per forming the services of a real estate broker, associate broker, or real es tate salesman who has not first secured his license under this chapter or is not cooperating as a nonresident who is licensed in his state of resi dence, provided that nothing contained in this subsection or any other provision of this Code section shall be construed so as to prohibit the payment of earned commissions to the estate or heirs of a deceased real estate broker, associate broker, or real estate salesperson when such de ceased real estate broker, associate broker, or real estate salesperson had a valid Georgia real estate license in effect at the time the commission was earned and at the time of such person's death;
(18) Failing to include a fixed date of expiration in any written list ing agreement and failing to leave a copy of said agreement with the principal;
(19) Failing to deliver, within a reasonable time, a completed copy of any purchase agreement or offer to buy or sell real estate to the pur chaser and to the seller;
(20) Failure by a broker to deliver to the seller in every real estate transaction, at the time said transaction is consummated, a complete, de tailed closing statement showing all of the receipts and disbursements handled by such broker for the seller, or failure to deliver to the buyer a complete statement showing all money received in said transaction from such buyer and how and for what the same was disbursed; the broker shall retain true copies of such statements in his files;
(21) Making any substantial misrepresentations;
(22) Acting for more than one party in a transaction without the knowledge of all parties for whom he acts;
(23) Failure of an associate broker or salesman to place, as soon after receipt as is practicably possible, in the custody of the broker hold ing his license any deposit money or other money for funds entrusted to him by any person dealing with him as the representative of his licensed broker;

1516

JOURNAL OF THE SENATE

(24) Filing a listing contract or any document or instrument pur porting to create a lien based on a listing contract for the purpose of casting a cloud upon the title to real estate when no valid claim under said listing contract exists;
(25) Having demonstrated unworthiness or incompetency to act as a real estate broker or salesman in such manner as to safeguard the inter est of the public or any other conduct whether of the same or a different character than heretofore specified which constitutes dishonest dealing;
(26) Obtaining an exclusive listing or sales contract from any owner, knowing or having reason to believe that another broker has an exclusive listing on the property, unless he has written permission from the broker having the first exclusive listing;
(27) Failing to keep for a period of three years a true and correct copy of all sales contracts, closing statements, and other documents relat ing to real estate closings or failing to produce documents at the reasona ble request of the commission or any of its agents for their inspection;
(28) Being or becoming a party to any falsification of any portion of any contract or other document involved in any real estate transaction;
(29) Conducting the closing of any real estate transaction by any licensee except a broker unless the licensee acts under the supervision of the broker under whom such licensee is licensed or under the supervision of a practicing attorney with the knowledge and consent of the broker;
(30) Failure of a licensee who prepares any written offer to buy, sell, lease, rent, or exchange real property to include in any such written offer or accepted written offer a description of the property involved or a method of payment; or
(31) Failure of a licensee who secures a signature denoting accept ance of any written offer to buy, sell, lease, rent, or exchange real prop erty to cause the signer to include the date of acceptance of said offer.
(b) When a licensee has previously been sanctioned by the commis sion or by any other state's real estate brokerage licensing authority, the commission, through its hearing officers, may consider any such prior sanctions in determining the severity of a new sanction which may be imposed upon a finding that the licensee has committed an unfair trade practice, that the licensee has violated any provision of this chapter, or that the licensee has violated any of the rules and regulations of the com mission. The failure of a licensee to comply with or to obey a final order of the commission may be cause for suspension or revocation of the indi vidual's license after a hearing."
Section 6. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-40-27, relating to investigations by the Georgia Real Estate Commission, and inserting in lieu thereof a new subsec tion (a) to read as follows:
"(a) The commission may, upon its own motion, and shall, upon the sworn written request of any person, investigate the actions of any appli-

WEDNESDAY, FEBRUARY 23, 1983

1517

cant for licensurc, real estate broker, associate broker, salesperson, or real estate courses and instructors approved by the commission. Except for investigations of applicants for licensure, investigations of allegations of fraudulent conduct or of mishandling of funds held in a fiduciary ca pacity, or investigations of possible violations of this chapter which have been litigated in the courts or arise from litigation in the courts, the com mission shall not initiate an investigation on its own motion or investigate a licensee's activity as the result of a sworn written request for investiga tion unless the act or acts which may constitute a violation of this chap ter occurred within three years of the initiation of the investigation."
Section 7. Said chapter is further amended by adding following Code Section 43-40-30.1, relating to employer-employee and broker-independent contractor relationships, a new Code section, to be designated Code Section 43-40-30.2, to read as follows:
"43-40-30.2. Notwithstanding the provisions of subsection (0 of Code Section 43-40-12, any real estate salesperson whose license has lapsed for a period not to exceed six years due solely to the failure to pay renewal fees may reactivate that license by the payment of the total amount of all renewal fees and late charges which would have been due during the period when the license was lapsed, by the payment of a reac tivation fee, and by meeting all continuing education requirements pro vided by this chapter or by rule of the board; provided, however, any real estate salesperson reactivating his license pursuant to this Code section must do so not later than May 15, 1983."
Section 8. (a) Except as provided in subsection (b) of this section, this Act shall become effective July 1, 1983.
(b) Section 7 of this Act shall become effective May 1, 1983.
(c) Section 7 of this Act shall be repealed effective May 16, 1983.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bowen Brantley

Brown of 47th Bryant Burton Cobb

Coggin Coleman Coverdell Dawkins

1518
Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine

JOURNAL OF THE SENATE

Holloway Horton Howard Hudgins Kidd Land Lester McGill McKenzie Peevy Perry Phillips

Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Bond Brannon

Broun of 46th Huggins

Kennedy (excused) Littlefield

On the passage of the bill, the yeas were 49, nays1 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 72. By Representatives Matthews of the 145th, Moore of the 139th, Cheeks of the 89th and others:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to criminal issuance of bad checks, so as to provide that in struments issued for the support of minors are issued for a present consideration.
Senate Sponsors: Senators Land of the 16th and Kidd of the 25th.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to HB 72:

A BILL TO BE ENTITLED AN ACT
To amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to criminal issuance of bad checks, so as to provide that in struments issued for the support of minors are issued for a present consider ation; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 23, 1983

1519

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to criminal issuance of bad checks, is amended by striking paragraph (2) of subsection (f) which reads as follows:
"(2) 'Present consideration' shall include without limitation an obli gation or debt of rent which is past due or presently due and an obliga tion or debt of state taxes which is past due or presently due.",
and inserting in its place a new paragraph (2) of subsection (f) to read as follows:
"(2) 'Present consideration' shall include without limitation:
(A) An obligation or debt of rent which is past due or presently due;
(B) An obligation or debt of state taxes which is past due or pres ently due; and
(C) An obligation or debt which is past due or presently due for child support when made to the custodian of a minor child for the sup port of such minor child and which is given pursuant to an order of court or written agreement signed by the person making the payment."
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 30, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin

Coleman Dawkins Deal Dean English Engram Fincher Foster Gillis Harris

Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land

1520

JOURNAL OF THE SENATE

Lester Littlefield McGill
McKenzie Peevy

Perry Phillips
Scott of 2nd Scott of 43rd Stumbaugh

Tate Timmons Turner
Tysinger Walker

Those not voting were Senators:

Barnes Bond Brannon Coverdell

Garner Greene Kennedy (excused) Scott of 36th

Starr Thompson Trulock

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 246. By Representatives Robinson of the 58th, Isakson of the 21st, Lambert of the 66th and others:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Anno tated, relating to specialized land transactions, so as to provide for the regu lation of time-share estates.
Senate Sponsor: Senator Harrison of the 37th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell

Dawkins Deal English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine

Holloway Horton Howard Huggins Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd

WEDNESDAY, FEBRUARY 23, 1983

1521

Scott of 43rd Starr Stumbaugh

Tate Thompson Timmons

Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Dean

Hudgins Kennedy (excused) Littleneld

Scott of 36th Trulock

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 286. By Representative Ware of the 77th: A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Anno tated, relating to fees and taxes, so as to provide for an increase in fees.
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:

Barker Bond
Bowen Brantley Broun of 46th
Brown of 47th
Bryant Burton
Cobb Coggin Coleman
Dawkins
Deal English
Engram
Fincher

Foster
Garner Gillis Harris
Harrison Hill
Hine Horton
Howard Hudgins
Huggins Kidd
Land Lester
Littlefield
McGill

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

1522

JOURNAL OF THE SENATE

Those not voting were Senators:

Allgood Barnes Brannon

Coverdell Dean Greene

Holloway Kennedy (excused) Starr

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 325. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and Daugherty of the 33rd: A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to clarify the procedure for acknowledging paternity.
Senate Sponsor: Senator Bond of the 39th.
The Senate Committee on Children and Youth offered the following amendment:
Amend HB 325 by striking from lines 10 and 11 of Page 1 the following:
"an illegitimate child",
and inserting in lieu thereof the following:
"a child born out of wedlock".
By striking from line 20 of Page 1 the following:
"legitimate child",
and inserting in lieu thereof the following:
"child born in wedlock".
On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bond

Bowen Brantley

Broun of 46th Brown of 47th

WEDNESDAY, FEBRUARY 23, 1983

1523

Bryant Burton Cobb Coggin Coleman Dawkins Deal English Engram Fincher Foster Garner Gillis Greene

Harris Harrison Hill Hine Horton Howard Hudgins Huggins Kidd Land Lester Littlefield McGill McKenzie

Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Barnes Brannon

Coverdell Dean Holloway

Kennedy (excused) Starr

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 330. By Representatives Wood of the 9th, Hays of the 1st and Padgett of the 86th:
A bill to amend Code Section 43-12-2 of the Official Code of Georgia Anno tated, relating to the qualifications and submission of satisfactory evidence in order to peddle, conduct business, or practice the professions or semiprofessions without paying for a license, so as to provide that certain additional veterans shall not be required to pay for licenses.
Senate Sponsor: Senator Perry of the 7th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bond Bowen

Brantley Broun of 46th Brown of 47th

Bryant Burton Cobb

1524

JOURNAL OF THE SENATE

Coggin Coleman
Coverdell Dawkins Deal
English Engram
Fincher Foster
Gillis Greene
Harris

Harrison Hill
Hine Horton Howard
Huggins Kidd
Land Lester
Peevy
Perry Phillips

Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood
Barnes Brannon
Dean

Garner Holloway Hudgins
Kennedy (excused)

Littlefield McGill
McKenzie Starr

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 355. By Representatives Hays of the 1st, Wood and Jackson of the 9th, and others:
A bill to amend Code Section 40-5-103 of the Official Code of Georgia An notated, relating to fees collected by the Department of Public Safety for issuing identification cards, so as to provide that the department shall not be authorized to collect a fee from certain persons.
Senate Sponsor: Senator Hine of the 52nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Bond
Bowen Brantley
Broun of 46th Brown of 47th
Bryant

Burton Cobb
Coggin Coleman Dawkins
Deal

English Engram
Fincher Foster
Garner Gillis

WEDNESDAY, FEBRUARY 23, 1983

1525

Greene Harris Hill " in HHoowrtoanrd
Huggins Kidd Land

Lester Littlefield McKenzie Peeyy PPherilrlyips
Scott of 2nd Scott of 36th Scott of 43rd

Stumbaugh Tate Thompson Timmons _Trul.ock.
Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Barnes Brannon

Coverdell Dean Harrison Holloway

Hudgins Kennedy (excused) McGill Starr

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 397. By Representatives Manner of the 131st and Ramsey of the 3rd:
A bill to amend 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, so as to include among the definitions of "per manent disability," organic brain damage resulting from physical trauma under certain conditions.
Senate Sponsor: Senator Timmons of the 11th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman

Coverdell Dawkins Deal English Engram Fincher Foster Garner Gillis

Greene Harris Harrison Hill Hine Howard Hudgins Huggins Kidd

1526

JOURNAL OF THE SENATE

Land Lester Littlefield McGill
McKenzie Peevy Perry

Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate

Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Barnes Bond

Brannon Dean Holloway

Horton Kennedy (excused) Starr

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following resolution of the Senate was read and adopted:

SR 141. By Senators Fincher of the 54th, Muggins of the 53rd, Mine of the 52nd and others:
A resolution commending the Northwest Georgia Travel Association.

Senator Fincher of the 54th introduced a group from the Northwest Georgia Travel Association.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 432. By Representatives Pinkston of the 100th, Buck of the 95th and Groover of the 99th:
A bill to amend Article 6 of Chapter 3 of Title 20, known as the "Private Colleges and Universities Facilities Authority Act," so as to change the short title.
Senate Sponsor: Senator Gillis of the 20th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

WEDNESDAY, FEBRUARY 23, 1983

1527

Those voting in the affirmative were Senators:

Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal English

Engram Foster Garner Gillis Greene Harris Harrison Hill Hine Horton Howard Huggins Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Barnes Dean

Fincher Holloway Hudgins Kennedy (excused)

Littlefield Starr Tate Thompson

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 amendment No. 2 to the following bill of the Senate:

SB 13. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to make it unlawful knowingly and intentionally to destroy or cause physical injury to a police dog.

1528

JOURNAL OF THE SENATE

The House has disagreed to the Senate substitute to the following bill of the House:

HB 171. By Representatives McDonald of the 12th, Lambert of the 66th, Argo of the 68th and others:
A bill to amend Chapter 6 of Title 3 of the Official Code of Georgia Anno tated, relating to wine, so as to provide for licensing and regulation of farm wineries and sales by farm wineries.

Senator Hine of the 52nd introduced a doctor of the day, Dr. Billy Burk, of Rome, Georgia. Also serving as a doctor of the day was Dr. Stephen Bethea of Atlanta, Georgia.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 504. By Representatives Thompson and Darden of the 20th:
A bill to amend Code Section 44-14-3 of the Official Code of Georgia Anno tated, relating to furnishing of cancellation of indebtedness by grantee upon payment and civil penalty for failure to comply and liability of agents, so as to define the term "revolving loan account".
Senate Sponsor: Senator Turner of the 8th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Bond Bowen Brannon Brantley Broun of 46th Brown of 47th
BuS
Coggin Coleman Coverdell Deal English Engram

Foster Gillis Greene Harris Harrison Hil,
ine Horton HITowardJ Huggins Kidd Lester McGill McKenzie

Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd
Stumbaugh Tate TTMh.ompson Timmons Trulock Turner Tysinger Walker

WEDNESDAY, FEBRUARY 23, 1983

1529

Those not voting were Senators:

Allgood BBaarrnkeesr Dawkins Dean

Finchcr Garner Holloway Hudgins

Kennedy (excused) Land Littlefield Starr

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 Senate was taken up for the purpose of considering the House action thereon:

SB 13. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to make it unlawful knowingly and intentionally to destroy or cause physical injury to a police dog.

Senator Kidd of the 25th moved that the Senate adhere to its disagreement to House amendment No. 2 to SB 13, and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to its disagreement to House amendment No. 2 to SB 13.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Hudgins of the 15th, Brannon of the 51st and Kidd of the 25th.

The following general bill and resolutions of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 555. By Representatives Burruss, Lawler, and Darden of the 20th and others:
A bill to amend Code Section 36-35-2 of the Official Code of Georgia Anno tated, relating to changes of municipal boundaries, so as to prohibit local annexation of certain property for a period of five years.
Senate Sponsor: Senator Barnes of the 33rd.

1530

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 Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Harris Harrison Hill Holloway Horton Howard Hudgins Huggins Kidd Land Lester

Littlefield McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Fincher

Greene Hine Kennedy (excused)

McGill Scott of 36th Trulock

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 12. By Representative Richardson of the 52nd: A resolution creating the Tax Credit for Family Support of the Mentally Retarded, Handicapped, and Elderly Study Committee.
Senate Sponsor: Senator Howard of the 42nd.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

WEDNESDAY, FEBRUARY 23, 1983

1531

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 Sarnes Bond Bowen Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kidd Land Lester

Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Broun of 46th Fincher

Greene Howard Kennedy (excused)

Scott of 36th Stumbaugh

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 14. By Representatives Lawson, Jackson and Wood of the 9th: A resolution authorizing the conveyance of certain state owned real property located in Dawson County.
Senate Sponsor: Senator Foster of the 50th.

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

Brown of 47th Bryant Burton

1532
Cobb Coggin Coleman Coverdell Deal English Engram Foster Gillis Greene Harris Harrison

JOURNAL OF THE SENATE

Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester Littlefield McGill

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Timmons Turner Tysinger

Those not voting were Senators:

Brannon Broun of 46th Dawkins Dean

Fincher Garner Kennedy (excused) Scott of 36th

Thompson Trulock Walker

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 171. By Representatives McDonald of the 12th, Lambert of the 66th, Jackson of the 9th and others:
A bill to amend Chapter 6 of Title 3 of the Official Code of Georgia Anno tated, relating to wine, so as to provide for licensing and regulation of farm wineries and sales by farm wineries.

Senator Deal of the 49th moved that the Senate insist upon the Senate substitute to HB 171.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 171.

WEDNESDAY, FEBRUARY 23, 1983

1533

The following general resolutions and bill of the House, favorably reported by the committee, were read the third time and put upon their passage:

HR 66. By Representative Reaves of the 147th: A resolution authorizing the conveyance of certain state owned real property located in Brooks County, Georgia.
Senate Sponsor: Senator Turner of the 8th.

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
Burton Cobb
Coggin Coleman
Coverdell Dawkins
Deal

Dean
English Engram
Foster Gillis
Harris Hill
Hine Holloway
Horton Howard
Hudgins Huggins
Kidd Land
Lester

Littlefield McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger

Those not voting were Senators:

Brannon
Fincher Garner

Greene
Harrison Kennedy (excused)

McGill Scott of 36th
Walker

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

1534

JOURNAL OF THE SENATE

HR 76. By Representatives Colwell of the 4th and Johnson of the 72nd: A resolution authorizing the leasing of certain state owned property located in the City of Atlanta, Fulton County, Georgia.
Senate Sponsor: Senator Brown of the 47th.

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 Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land

Lester McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Brantley Fincher

Greene Kennedy (excused) Littlefield

McGill Scott of 36th

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

WEDNESDAY, FEBRUARY 23, 1983

1535

HB 361. By Representatives Chambless of the 133rd, Lawson of the 9th, Ginsberg of the 122nd and others:
A bill to amend Code Section 29-4-2 of the Official Code of Georgia Anno tated, relating to natural guardians of minors and when bond is required thereof, so as to change the conditions under which bond is required.
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 Barker Barnes Bond Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Greene Harris Harrison Hill Holloway Horton Howard Hudgins Kidd Land Lester

Littlefield McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger

Those not voting were Senators:

Brannon Brantley Fincher

Hine Huggins Kennedy (excused)

McGill Scott of 36th Walker

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1536

JOURNAL OF THE SENATE

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 285. By Representatives Dean of the 29th, Adams of the 36th and Marcus of the 26th:
A bill to amend Chapter 41 of Title 36 of the Official Code of Georgia Annotated, relating to urban residential finance authorities for large munici palities, so as to provide for the compensation of members of the board of any such authority.

HB 550. By Representative Daugherty of the 33rd:
A bill to amend an Act creating the State Court of Fulton County, so as to provide terms of court.

HB 609. By Representative Bolster of the 30th:
A bill to provide for the appointment of magistrates of Fulton County to serve in the Magistrate Court of Fulton County which will be created July 1, 1983, under the Constitution of 1982.

HB 629. By Representative Bolster of the 30th: A bill to provide for urban enterprise zones in the City of Atlanta.

HB 643. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act creating the "Georgia Mountain Fair Authority of Towns County Act," so as to change the qualifications of the members of the authority; to define further the term "project."

HB 658. By Representative Bolster of the 30th:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to except from the operation of cer tain provisions of the Act that part of the City of Atlanta within DeKalb County.

HB 688. By Representatives Darden and Thompson of the 20th:
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.

WEDNESDAY, FEBRUARY 23, 1983

1537

HB 729. By Representatives Morton of the 47th, Richardson of the 52nd, Davis of the 45th and others:
A bill to amend an Act creating a new charter for the City of Doraville, so as to change the term of office for the mayor and members of the council.

HB 730. By Representative Collins of the 144th:
A bill to amend an Act providing a new charter for the City of Doerun in Colquitt County, so as to correct an error; to provide for the time of election of the mayor and council members.

HB 731. By Representatives Dunn of the 73rd and Jones of the 78th:
A bill to amend an Act placing the sheriff, probate judge, clerk of the supe rior court, and tax commissioner of Henry County on an annual salary, so as to change the compensation of said officers.

HB 736. By Representative Carter of the 146th:
A bill to amend an Act creating a board of commissioners for Cook County, so as to change the provisions relating to the compensation of the members of the board of commissioners.

HB 737. By Representative Karrh of the 109th:
A bill to amend an Act establishing the State Court of Candler County, so as to authorize the governing authority of Candler County to fix the annual salary of the judge and solicitor of said court.

HB 738. By Representative Crawford of the 5th:
A bill to create the State Court of Chattooga County; to specify the location of the court; to provide jurisdiction of the court.

HB 739. By Representatives Clark and Milford of the 13th:
A bill to amend an Act amending, consolidating, and superseding the sev eral Acts incorporating the City of Colbert and creating a new charter for said city, so as to change the punishment that may be imposed by the person holding and presiding over the police court of said city for violations of the charter or ordinances of said city.

HB 740. By Representatives Childs of the 53rd, Morton of the 47th, Richardson of the 52nd and others:
A bill to amend an Act creating and establishing a new charter for the City of Decatur, so as to change, enlarge, and extend the corporate limits of the City of Decatur.

1538

JOURNAL OF THE SENATE

HB 741. By Representative Adams of the 16th:
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 742. By Representative Adams of the 16th:
A bill to amend an Act creating a new charter for the City of Rome, so as to change the provisions relating to the election of the city commission.

HB 743. By Representatives Adams of the 16th and Childers and McKelvey of the 15th:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to provide for a county manager; to provide for his powers, duties, and responsibilities.

HB 744. By Representatives Adams of the 16th and Childers and McKelvey of the 15th:
A bill to amend an Act known as the "Floyd County Merit System Act," so as to provide an additional exemption from coverage under the merit sys tem; to change who certifies the results of certain elections for members of the board of the merit system.

HB 745. By Representatives Adams of the 16th and Childers and McKelvey of the 15th:
A bill to amend an Act establishing compensation and allowances for the Clerk of the Superior Court of Floyd County and the Judge of the Probate Court of Floyd County, so as to change the compensation of said clerk.

HB 747. By Representative Auten of the 156th:
A bill to amend an Act creating a board of commissioners of Mclntosh County, so as to specify certain conduct as constituting malpractice in office and provide for punishment therefor.

HB 749. By Representatives Byrd and Moody of the 153rd:
A bill to amend an Act creating a board of commissioners of Jeff Davis County, so as to change the composition of the districts from which mem bers of the board of commissioners are elected.

HB 750. By Representatives Brown of the 154th and Chance of the 129th:
A bill to amend an Act establishing the State Court of Liberty County (for merly the City Court of Hinesville), so as to change the compensation of the judge and solicitor of the said court.

WEDNESDAY, FEBRUARY 23, 1983

1539

HB 751. By Representatives Byrd and Moody of the 153rd:
A bill to amend an Act providing for the election of the board of education of Jeff Davis County, so as to change the composition of the education dis tricts from which the members of the board of education are elected.

HB 752. By Representatives Redding of the 50th, Davis of the 45th, Childs of the 53rd and others:
A bill to amend an Act creating the State Court of DeKalb County, so as to authorize the clerk of court to assign docket numbers to certain documents and to then forward a copy of such documents to the solicitor of the court.

HB 753. By Representatives Davis of the 45th, Robinson of the 58th, Lawrence of the 49th and others:
A bill to amend an Act creating and establishing the State Court of DeKalb County (formerly the Civil and Criminal Court of DeKalb County), so as to provide for procedure of said court.

HB 754. By Representative Cummings of the 17th:
A bill to amend an Act creating a new charter for the City of Aragon, so as to change certain fines.

HB 756. By Representatives Patten of the 149th, Collins of the 144th, Reaves of the 147th and others:
A bill to provide that each county in this state having a population of not less than 38,000 and not more than 39,000 shall pay a specified supplement to the judge of superior court of the county.

HB 757. By Representatives Patten of the 149th, Collins of the 144th, Reaves of the 147th and others:
A bill to amend an Act providing for a supplement to the compensation of a judge of the Superior Courts of the Southern Judicial Circuit, so as to change the amount of such supplement paid by Brooks, Colquitt, Echols, and Lowndes counties.

HB 759. By Representatives Bargeron of the 108th and Godbee of the 110th:
A bill to abolish the present mode of compensating the probate judge of Burke County, known as the fee system; to provide in lieu thereof an annual salary for said officer.

HB 760. By Representatives Bargeron of the 108th and Godbee of the 110th:
A bill to amend an Act creating the board of commissioners of Burke County, so as to provide for the election of the members of the board of commissioners from districts.

1540

JOURNAL OF THE SENATE

HB 761. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to abolish the mode of compensating the probate judge of Jefferson County known as the fee system; to provide in lieu thereof an annual salary for said officer.

HB 764. By Representatives Adams of the 16th and McKelvey and Childers of the 15th:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to authorize the Board of Commissioners of Floyd County to enact ordinances including, but not limited to, traffic ordinances and gar bage and solid waste disposal ordinances for the governing and policing of the unincorporated areas of said county and the enforcement of all duties and powers now or hereafter vested in such board.

HB 765. By Representative Oliver of the 121st:
A bill to abolish the present mode of compensating the judge of the Probate Court of Tattnall County, known as the fee system; to provide in lieu thereof an annual salary.

HB 766. By Representative Balkcom of the 140th:
A bill to create a board of commissioners in and for Miller County; to pro vide that the newly created board shall be the successor to all the rights, powers, duties, and obligations of the heretofore existing board of commissioners.

HB 767. By Representatives Dobbs of the 74th and Lambert of the 66th:
A bill to specify what homestead exemptions from Newton County and Newton County School District ad valorem taxation shall be available to residents of Newton County.

HB 768. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to allocate the proceeds of the sales and use tax imposed by Bulloch County under Article 2 of Chapter 8 of Title 48 of the O.C.G.A. to the Bulloch County school system.

HB 769. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the coroner of Bulloch County on an annual salary, so as to change the compensation of the coroner; to provide that this Act shall become effective January 1, 1985.

HB 770. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act creating the board of commissioners of Bulloch County, so as to change the compensation of the chairman and other mem bers of the board.

WEDNESDAY, FEBRUARY 23, 1983

1541

HB 771. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act creating a board of commissioners of Bulloch County, so as to change the provisions relative to the compensation of the clerks.

HB 773. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act placing the clerk of the Superior Court of Bulloch County upon an annual salary, so as to change the compensation of the clerk's employees.

HB 774. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act placing the sheriff of Bulloch County upon an an nual salary, so as to change the compensation of the sheriff's deputies and office clerk.

HB 775. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act creating the office of tax commissioner of Bulloch County, so as to change the compensation of the tax commissioner's assistants.

HB 776. By Representatives Ramsey of the 3rd and Peters of the 2nd:
A bill to amend an Act creating the office of commissioner of Catoosa County, so as to change the compensation and allowances of the commis sioner and provide for an automobile for the commissioner's use on county business.

HB 777. By Representatives Ramsey of the 3rd and Peters of the 2nd:
A bill to amend an Act providing for the fiscal administration of the office of sheriff of Catoosa County, so as to provide for a change in fiscal year for the sheriff's office.

HB 778. By Representative Auten of the 156th:
A bill to amend an Act placing the clerk of the Superior Court and judge of the Probate Court of Glynn County on an annual salary, so as to change the provisions relative to the personnel of the office of the judge of the probate court.

HB 779. By Representatives Chambless of the 133rd, White of the 132nd, Balkcom of the 140th and Young of the 134th:
A bill to amend an Act creating the Small Claims Court of Dougherty County, so as to change a certain designation.

1542

JOURNAL OF THE SENATE

HB 780. By Representatives Chambless of the 133rd, White of the 132nd, Balkcom of the 140th and Young of the 134th:
A bill to amend an Act creating the State Court of Dougherty County, so as to change a certain designation.

HB 781. By Representatives Snow and Hays of the 1st and Crawford of the 5th:
A bill to amend an Act creating a new charter for the City of LaFayette, so as to define and place limitations on the authority to lease real property.

HB 782. By Representatives Kilgore of the 42nd, Watts of the 41st and Johnson of the 70th:
A bill to amend an Act creating the Magistrate's Court of Douglas County, so as to provide that any vacancy in the office of magistrate shall be filled by appointment by the judges of the superior court.

HB 783. By Representatives Kilgore of the 42nd, Watts of the 41st and Johnson of the 70th:
A bill to create the Douglas County Airport Authority; to declare the need for such airport authorities; to declare the purposes and objectives of this Act.

HB 772. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act placing the judge of the probate court of Bulloch County upon an annual salary, so as to change the compensation of the clerk.

HB 755. By Representatives Ginsberg of the 122nd, Triplett of the 128th, Hamilton of the 124th and others:
A bill to amend an Act creating and organizing the Board of Commissioners of Chatham County, so as to change the provisions relating to the commis sioner districts of the county.

The House has passed by the requisite constitutional majority the following bill of the Senate:

SB 111. By Senator McGill of the 24th:
A bill to amend an Act providing a new charter for the City of Union Point, as amended, so as to change certain fines.

WEDNESDAY, FEBRUARY 23, 1983

1543

The following bills of the House were read the first time and referred to committee:

HB 550. By Representative Daugherty of the 33rd:
A bill to amend an Act creating the State Court of Fulton County, so as to provide terms of court.
Referred to Committee on Federal, State and Community Affairs.

HB 609. By Representative Bolster of the 30th:
A bill to provide for the appointment of magistrates of Fulton County to serve in the Magistrate Court of Fulton County which will be created July 1, 1983, under the Constitution of 1982.
Referred to Committee on Federal, State and Community Affairs.

HB 629. By Representative Bolster of the 30th: A bill to provide for urban enterprise zones in the City of Atlanta.
Referred to Committee on Federal, State and Community Affairs.

HB 643. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act creating the "Georgia Mountain Fair Authority of Towns County Act," so as to change the qualifications of the members of the authority; to define further the term "project."
Referred to Committee on Federal, State and Community Affairs.

HB 658. By Representative Bolster of the 30th:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to except from the operation of cer tain provisions of the Act that part of the City of Atlanta within DeKalb County.
Referred to Committee on Federal, State and Community Affairs.

HB 688. By Representatives Darden and Thompson of the 20th:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.
Referred to Committee on Federal, State and Community Affairs.

HB 729. By Representatives Morton of the 47th, Richardson of the 52nd, Davis of the 45th and others:
A bill to amend an Act creating a new charter for the City of Doraville, so as to change the term of office for the mayor and members of the council.
Referred to Committee on Federal, State and Community Affairs.

1544

JOURNAL OF THE SENATE

HB 730. By Representative Collins of the 144th:
A bill to amend an Act providing a new charter for the City of Doerun in Colquitt County, so as to correct an error; to provide for the time of election of the mayor and council members.
Referred to Committee on Federal, State and Community Affairs.

HB 731. By Representatives Dunn of the 73rd and Jones of the 78th:
A bill to amend an Act placing the sheriff, probate judge, clerk of the supe rior court, and tax commissioner of Henry County on an annual salary, so as to change the compensation of said officers.
Referred to Committee on Federal, State and Community Affairs.

HB 736. By Representative Carter of the 146th:
A bill to amend an Act creating a board of commissioners for Cook County, so as to change the provisions relating to the compensation of the members of the board of commissioners.
Referred to Committee on Federal, State and Community Affairs.

HB 737. By Representative Karrh of the 109th:
A bill to amend an Act establishing the State Court of Candler County, so as to authorize the governing authority of Candler County to fix the annual salary of the judge and solicitor of said court.
Referred to Committee on Federal, State and Community Affairs.

HB 738. By Representative Crawford of the 5th:
A bill to create the State Court of Chattooga County; to specify the location of the court; to provide jurisdiction of the court.
Referred to Committee on Federal, State and Community Affairs.

HB 739. By Representatives Clark and Milford of the 13th:
A bill to amend an Act amending, consolidating, and superseding the sev eral Acts incorporating the City of Colbert and creating a new charter for said city, so as to change the punishment that may be imposed by the person holding and presiding over the police court of said city for violations of the charter or ordinances of said city.
Referred to Committee on Federal, State and Community Affairs.

HB 740. By Representatives Childs of the 53rd, Morton of the 47th, Richardson of the 52nd and others:
A bill to amend an Act creating and establishing a new charter for the City of Decatur, so as to change, enlarge, and extend the corporate limits of the City of Decatur.
Referred to Committee on Federal, State and Community Affairs.

WEDNESDAY, FEBRUARY 23, 1983

1545

HB 741. By Representative Adams of the 16th:
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 Federal, State and Community Affairs.

HB 742. By Representative Adams of the 16th:
A bill to amend an Act creating a new charter for the City of Rome, so as to change the provisions relating to the election of the city commission.
Referred to Committee on Federal, State and Community Affairs.

HB 743. By Representatives Adams of the 16th and Childers and McKelvey of the 15th:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to provide for a county manager; to provide for his powers, duties, and responsibilities.
Referred to Committee on Federal, State and Community Affairs.

HB 744. By Representatives Adams of the 16th and Childers and McKelvey of the 15th:
A bill to amend an Act known as the "Floyd County Merit System Act," so as to provide an additional exemption from coverage under the merit sys tem; to change who certifies the results of certain elections for members of the board of the merit system.
Referred to Committee on Federal, State and Community Affairs.

HB 745. By Representatives Adams of the 16th and Childers and McKelvey of the 15th:
A bill to amend an Act establishing compensation and allowances for the Clerk of the Superior Court of Floyd County and the Judge of the Probate Court of Floyd County, so as to change the compensation of said clerk.
Referred to Committee on Federal, State and Community Affairs.

HB 747. By Representative Auten of the 156th:
A bill to amend an Act creating a board of commissioners of Mclntosh County, so as to specify certain conduct as constituting malpractice in office and provide for punishment therefor.
Referred to Committee on Federal, State and Community Affairs.

HB 749. By Representatives Byrd and Moody of the 153rd:
A bill to amend an Act creating a board of commissioners of Jeff Davis County, so as to change the composition of the districts from which mem bers of the board of commissioners are elected.
Referred to Committee on Federal, State and Community Affairs.

1546

JOURNAL OF THE SENATE

HB 750. By Representatives Brown of the 154th and Chance of the 129th:
A bill to amend an Act establishing the State Court of Liberty County (for merly the City Court of Hinesville), so as to change the compensation of the judge and solicitor of the said court.
Referred to Committee on Federal, State and Community Affairs.

HB 751. By Representatives Byrd and Moody of the 153rd:
A bill to amend an Act providing for the election of the board of education of Jeff Davis County, so as to change the composition of the education dis tricts from which the members of the board of education are elected.
Referred to Committee on Federal, State and Community Affairs.

HB 752. By Representatives Redding of the 50th, Davis of the 45th, Childs of the 53rd and others:
A bill to amend an Act creating the State Court of DeKalb County, so as to authorize the clerk of court to assign docket numbers to certain documents and to then forward a copy of such documents to the solicitor of the court.
Referred to Committee on Federal, State and Community Affairs.

HB 753. By Representatives Davis of the 45th, Robinson of the 58th, Lawrence of the 49th and others:
A bill to amend an Act creating and establishing the State Court of DeKalb County (formerly the Civil and Criminal Court of DeKalb County), so as to provide for procedure of said court.
Referred to Committee on Federal, State and Community Affairs.

HB 754. By Representative Cummings of the 17th:
A bill to amend an Act creating a new charter for the City of Aragon, so as to change certain fines.
Referred to Committee on Federal, State and Community Affairs.

HB 756. By Representatives Patten of the 149th, Collins of the 144th, Reaves of the 147th and others:
A bill to provide that each county in this state having a population of not less than 38,000 and not more than 39,000 shall pay a specified supplement to the judge of superior court of the county.
Referred to Committee on Federal, State and Community Affairs.

HB 757. By Representatives Patten of the 149th, Collins of the 144th, Reaves of the 147th and others:
A bill to amend an Act providing for a supplement to the compensation of a judge of the Superior Courts of the Southern Judicial Circuit, so as to

WEDNESDAY, FEBRUARY 23, 1983

1547

change the amount of such supplement paid by Brooks, Colquitt, Echols, and Lowndes counties.
Referred to Committee on Federal, State and Community Affairs.

HB 759. By Representatives Bargeron of the 108th and Godbee of the 110th:
A bill to abolish the present mode of compensating the probate judge of Burke County, known as the fee system; to provide in lieu thereof an annual salary for said officer.
Referred to Committee on Federal, State and Community Affairs.

HB 760. By Representatives Bargeron of the 108th and Godbee of the 110th:
A bill to amend an Act creating the board of commissioners of Burke County, so as to provide for the election of the members of the board of commissioners from districts.
Referred to Committee on Federal, State and Community Affairs.

HB 761. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to abolish the mode of compensating the probate judge of Jefferson County known as the fee system; to provide in lieu thereof an annual salary for said officer.
Referred to Committee on Federal, State and Community Affairs.

HB 764. By Representatives Adams of the 16th and McKelvey and Childers of the 15th:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to authorize the Board of Commissioners of Floyd County to enact ordinances including, but not limited to, traffic ordinances and gar bage and solid waste disposal ordinances for the governing and policing of the unincorporated areas of said county and the enforcement of all duties and powers now or hereafter vested in such board.
Referred to Committee on Federal, State and Community Affairs.

HB 765. By Representative Oliver of the 121st:
A bill to abolish the present mode of compensating the judge of the Probate Court of Tattnall County, known as the fee system; to provide in lieu thereof an annual salary.
Referred to Committee on Federal, State and Community Affairs.

HB 766. By Representative Balkcom of the 140th:
A bill to create a board of commissioners in and for Miller County; to pro vide that the newly created board shall be the successor to all the rights,

1548

JOURNAL OF THE SENATE

powers, duties, and obligations of the heretofore existing board of commissioners.
Referred to Committee on Federal, State and Community Affairs.

HB 767. By Representatives Dobbs of the 74th and Lambert of the 66th:
A bill to specify what homestead exemptions from Newton County and Newton County School District ad valorem taxation shall be available to residents of Newton County.
Referred to Committee on Federal, State and Community Affairs.

HB 768. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to allocate the proceeds of the sales and use tax imposed by Bulloch County under Article 2 of Chapter 8 of Title 48 of the O.C.G.A. to the Bulloch County school system.
Referred to Committee on Federal, State and Community Affairs.

HB 769. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the coroner of Bulloch County on an annual salary, so as to change the compensation of the coroner; to provide that this Act shall become effective January 1, 1985.
Referred to Committee on Federal, State and Community Affairs.

HB 770. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act creating the board of commissioners of Bulloch County, so as to change the compensation of the chairman and other mem bers of the board.
Referred to Committee on Federal, State and Community Affairs.

HB 771. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act creating a board of commissioners of Bulloch County, so as to change the provisions relative to the compensation of the clerks.
Referred to Committee on Federal, State and Community Affairs.

HB 773. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act placing the clerk of the Superior Court of Bulloch County upon an annual salary, so as to change the compensation of the clerk's employees.
Referred to Committee on Federal, State and Community Affairs.

WEDNESDAY, FEBRUARY 23, 1983

1549

HB 774. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act placing the sheriff of Bulloch County upon an an nual salary, so as to change the compensation of the sheriffs deputies and office clerk.
Referred to Committee on Federal, State and Community Affairs.

HB 775. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act creating the office of tax commissioner of Bulloch County, so as to change the compensation of the tax commissioner's assistants.
Referred to Committee on Federal, State and Community Affairs.

HB 776. By Representatives Ramsey of the 3rd and Peters of the 2nd:
A bill to amend an Act creating the office of commissioner of Catoosa County, so as to change the compensation and allowances of the commis sioner and provide for an automobile for the commissioner's use on county business.
Referred to Committee on Federal, State and Community Affairs.

HB 777. By Representatives Ramsey of the 3rd and Peters of the 2nd:
A bill to amend an Act providing for the fiscal administration of the office of sheriff of Catoosa County, so as to provide for a change in fiscal year for the sheriff's office.
Referred to Committee on Federal, State and Community Affairs.

HB 778. By Representative Auten of the 156th:
A bill to amend an Act placing the clerk of the Superior Court and judge of the Probate Court of Glynn County on an annual salary, so as to change the provisions relative to the personnel of the office of the judge of the probate court.
Referred to Committee on Federal, State and Community Affairs.

HB 779. By Representatives Chambless of the 133rd, White of the 132nd, Balkcom of the 140th and Young of the 134th:
A bill to amend an Act creating the Small Claims Court of Dougherty County, so as to change a certain designation.
Referred to Committee on Federal, State and Community Affairs.

HB 780. By Representatives Chambless of the 133rd, White of the 132nd, Balkcom of the 140th and Young of the 134th:
A bill to amend an Act creating the State Court of Dougherty County, so as to change a certain designation.
Referred to Committee on Federal, State and Community Affairs.

1550

JOURNAL OF THE SENATE

HB 781. By Representatives Snow and Hays of the 1st and Crawford of the 5th:
A bill to amend an Act creating a new charter for the City of LaFayette, so as to define and place limitations on the authority to lease real property. Referred to Committee on Federal, State and Community Affairs.

HB 782. By Representatives Kilgore of the 42nd, Watts of the 41st and Johnson of the 70th:
A bill to amend an Act creating the Magistrate's Court of Douglas County, so as to provide that any vacancy in the office of magistrate shall be filled by appointment by the judges of the superior court.
Referred to Committee on Federal, State and Community Affairs.

HB 783. By Representatives Kilgore of the 42nd, Watts of the 41st and Johnson of the 70th:
A bill to create the Douglas County Airport Authority; to declare the need for such airport authorities; to declare the purposes and objectives of this Act.
Referred to Committee on Federal, State and Community Affairs.

HB 772. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act placing the judge of the probate court of Bulloch County upon an annual salary, so as to change the compensation of the clerk.
Referred to Committee on Federal, State and Community Affairs.

HB 755. By Representatives Ginsberg of the 122nd, Triplett of the 128th, Hamilton of the 124th and others:
A bill to amend an Act creating and organizing the Board of Commissioners of Chatham County, so as to change the provisions relating to the commis sioner districts of the county.
Referred to Committee on Federal, State and Community Affairs.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 11:45 o'clock A.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.