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 II 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 THURSDAY, FEBRUARY 24, 1983 1551 Senate Chamber, Atlanta, Georgia Thursday, February 24, 1983 Thirty-fifth Legislative Day The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President. Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has disagreed to the Senate amendment to the following bill of the House: 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 Annotated, 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 Department of Revenue. The House has disagreed to the Senate substitute to the following bill of the House: 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 Annotated, 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. 1552 JOURNAL OF THE SENATE The House insists on its position in substituting 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, 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. The House has passed by the requisite constitutional majority the following bill of the House: HB 339. By Representatives Greer of the 39th and Adams of the 36th: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to provide that the retail sales and use tax for the Authority shall be at the rate of one percent until June 30, 2012. The House has adopted by the requisite constitutional majority the following resolution of the House: HR 287. By Representatives Childs of the 53rd, Murphy of the 18th, Mostiler of the 75th and others: A resolution urging the Department of Human Resources to comply with Resolution No. 199, Ga. L. 1982, p. 1352. The House has adopted the report of the Committee of Conference 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 create the State Medical Education Board as the successor to and a continuation of the heretofore existing State Medical Education Board. The House has agreed to the Senate amendments to the following bills of the House: 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, Paragraph III of the Constitution of the State of Georgia. THURSDAY, FEBRUARY 24, 1983 1553 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 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 Annotated, the "Employment Security Law," so as to change the date on which alien laborers will be excluded in determining agricultural employer liability. 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 Sheriff's Retirement Fund of Georgia and his term of office. 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. The House has agreed to the Senate substitute to the following bills of the House: 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 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. 1554 JOURNAL OF THE SENATE The House has passed by the requisite constitutional majority the following bills 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. 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 178. By Senator Hudgins of the 15th: A bill to amend Code Section 49-5-10 of the Official Code of Georgia Annotated, 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 Department of Human Resources and who have violated the conditions of supervision should be apprehended. 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. The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate: 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. 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- THURSDAY, FEBRUARY 24, 1983 1555 censes, so as to eliminate the authority of the Department of Public Safety to issue duplicate licenses and permits. 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 superior 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. The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate: 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 Annotated, 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." 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 House has adopted by the requisite constitutional majority the following resolutions of the Senate: SR 79. By Senator Barnes of the 33rd: A resolution designating the George W. Thompson, Sr. Bridge. 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 appropriate celebration of the two-hundredth anniversary of the Constitution of the United States. 1556 JOURNAL OF THE SENATE The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 303. By Senator Barnes of the 33rd: A bill to amend an Act known as the "South Cobb Development Authority Act," so as to provide for the enlargement of the South Cobb Development Area. Referred to Committee on Federal, State and Community Affairs. SB 304. By Senator Barnes of the 33rd: A bill to amend an Act creating the board of commissioners of roads and revenues for Cobb County, as amended, so as to change the provisions relating to the authority of the commission with respect to the expenditure of funds on rapid transit. Referred to Committee on Federal, State and Community Affairs. SB 305. By Senators Phillips of the 9th and Peevy of the 48th: A bill to amend an Act providing for districts for the election of the Board of Education of Gwinnett County, as amended, so as to change the compensation of the board and provide for expense allowances. Referred to Committee on Federal, State and Community Affairs. SB 306. By Senator Engram of the 34th: A bill to provide for the Magistrate Court of Fayette County; to state legislative intent. Referred to Committee on Federal, State and Community Affairs. SB 307. By Senator Brannon of the 51st: A bill to amend an Act providing for the office of Commissioner of Gordon County, as amended, so as to change the provisions relative to the county administrator. Referred to Committee on Federal, State and Community Affairs. SR 143. By Senator Trulock of the 10th: A resolution electing Mrs. Shirley Altman of Thomas County as a member of the State Election Board. Referred to Committee on Governmental Operations. SR 155. By Senator Broun of the 46th: A resolution creating the Structure of Financial Institutions Study Committee. Referred to Committee on Appropriations. THURSDAY, FEBRUARY 24, 1983 1557 SR 156. By Senator Broun of the 46th: A resolution creating the University System Laboratory and Equipment Needs Study Committee. Referred to Committee on Higher Education. SR ' (2. By Senators Holloway of the 12th, Harris of the 27th, Peevy of the 48th and others: A resolution creating the Georgia Transportation Study Committee. Referred to Committee on Transportation. The following resolution of the House was read the first time and referred to committee: HR 287. By Representatives Childs of the 53rd, Murphy of the 18th, Mostiler of the 75th and others: A resolution urging the Department of Human Resources to comply with Resolution No. 199, Ga. L. 1982, p. 1352, which urged the transfer of state property owned by the Department of Human Resources to the American Heart Association for the purpose of constructing the State Headquarters Building. Referred to Committee on Human Resources. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Banking and Finance 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 180. HB 356. HB 387. Do pass by substitute. Do pass. Do pass. HB 419. Do pass. HB 530. Do pass. Respectfully submitted, Senator Lester of the 23rd District, Chairman Mr. President: The Committee on Federal State and Community 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: 1558 JOURNAL OF THE SENATE SB 221. SB 295. SB 296. SB 299. SB 300. HB 614. Do pass by substitute. Do pass. Do pass. Do pass. Do pass. Do pass. HB 642. HB 660. HB 682. HB 708. HB 709. HB 754. 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 Insurance 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 recommendtions: HB 363. Do pass. HB 310. 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 bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 45. Do pass. HB 46. Do pass. HB 424. Do pass by substitute. HB 707. Do pass. Respectfully submitted, Senator Greene of the 26th District, Chairman The following communication from Senator Gillis of the 20th was read by the Secretary: The State Senate Atlanta, Georgia 30334 February 23, 1983 Due to the fact that I am unable to chair the Senate Natural Resources and Environmental Quality Committee on February 23, 1983 at 2:00 p.m. THURSDAY, FEBRUARY 24, 1983 1559 because of Continuation Appropriations Subcommittee, of which I am a member, meeting at the same time, I hereby direct Senator Rooney Bowen, of the 13th District, Vice Chairman of the committee, to act as Chairman to consider HB 320, HB 513, HB 566 and HB 567. /s/ Hugh Gillis, Chairman Senate Natural Resources and Environmental Quality Committee The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Natural Resources and Environmental Quality has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 320. Do pass. HB 513. Do pass. Respectfully submitted, Senator Bowen of the 13th District, Vice 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 647. Do pass. Respectfully submitted, Senator Dean of the 31st District, Chairman Mr. President: The Committee on Transportation has had under consideration the following bill and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 648. Do pass. HR 246. Do pass. 1560 JOURNAL OF THE SENATE Respectfully submitted, Senator Holloway of the 12th District, Chairman The following bills and resolutions of the Senate and House were read the second time: 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 membership in this pension system. 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. 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 municipal improvements, and for other purposes.", as amended, so as to change the terms of the mayor and councilmen; to provide for a change in the elections. 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 clarify the definition of the term "project"; to clarify the powers of the authority. SR 119. By Senators Kidd of the 25th and Kennedy of the 4th: A resolution creating the Mental Health and Mental Retardation Study Committee. SR 122. By Senator Coverdell of the 40th: A resolution creating the Joint County and Municipal Grant Study Committee. THURSDAY, FEBRUARY 24, 1983 1561 HB 10. By Representative Phillips of the 125th: A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, 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 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 Annotated, 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. 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 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 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 punishment for the crime of fleeing a police officer. 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 287. By Representative Mostiler of the 75th: A bill to amend Code Section 8-2-135 of the Official Code of Georgia Annotated, relating to licenses for manufactured homes, so as to provide for a change in manufacturing fees. HB 366. By Representative Pinkston of the 100th: A bill to amend Code Section 50-20-3 of the Official Code of Georgia Annotated, relating to required reports and agreements by nonprofit contractors, 1562 JOURNAL OF THE SENATE so as to provide for the information to be included in annual audit reports submitted to state agencies by nonprofit contractors. HB 399. By Representative Phillips of the 125th: A bill to amend Code Section 43-34-37 of the Official Code of Georgia Annotated, 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 400. By Representative Phillips of the 125th: A bill to amend Code Section 43-34-27 of the Official Code of Georgia Annotated, 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 409. By Representatives Lee, Benefield and Johnson of the 72nd and others: A bill to amend Code Section 48-5-405 of the Official Code of Georgia Annotated, relating to the levy and collection of tax by municipalities for maintenance 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. HB 439. By Representative Lambert of the 66th: A bill to amend Code Section 43-4-11 of the Official Code of Georgia Annotated, relating to the qualification of applicants for examination or certificate of registration for persons engaged in the occupation of architecture, so as to delete certain provisions relating to examinations. 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 conditioned air contractors. 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 Annotated, relating to the declaration of property for public governmental and municipal purposes, so as to provide that lands leased by counties, munici- THURSDAY, FEBRUARY 24, 1983 1563 palities, or other political subdivisions to private parties are declared not to be leased for public purposes. 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 Annotated, 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 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 615. By Representatives Milford and Clark of the 13th: A bill to amend an Act placing the clerk of the superior court and the probate 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 Savannah 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 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 Annotated, relating to the Department of Public Safety, so as to change the composition of the Board of Public Safety. 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 1564 JOURNAL OF THE SENATE charged to a buyer who submits a check, draft, or order for the payment of money which is dishonored by the drawee. 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. 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 developed by the Department of Administrative Services in conformity with Section 203 (j) (4) (A) of the Federal Property and Administrative Services Act of 1949, as amended by Section 1 of Public Law 94-519, to serve as a permanent 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 property owned by the State of Georgia and located in Fulton County, Georgia, for the construction, installation, operation, maintenance, repair, improvement, and replacement of sewerage and drainage system improvements to be built over, under, across, or through such state owned properties. THURSDAY, FEBRUARY 24, 1983 1565 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 and Freight Depot and use it to house the state museum. 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 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. The report 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 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. The report 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 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 circumstances; 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. 1566 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 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). The report 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 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. The report 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 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. THURSDAY, FEBRUARY 24, 1983 1567 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 members of the board. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 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. The report 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 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. The report 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. 1568 JOURNAL OF THE SENATE HB 590. By Representative Waldrep of the 80th: A bill to abolish the office of treasurer of Jasper 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 607. By Representatives Isakson, Aiken and Wilder of the 21st and others: A bill to amend an Act creating the Downtown Marietta Development Authority, so as to provide for enlargement of the Downtown Marietta 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 51, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. The report 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 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. THURSDAY, FEBRUARY 24, 1983 1569 The report 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 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 631. By Representative 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. The report 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 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. The report 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. 1570 JOURNAL OF THE SENATE The bill, having received the requisite constitutional majority, was passed. 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. The President called for the morning roll call, and the following Senators answered to their names: Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Holloway Horton Howard Huggins Kennedy Kidd McGill McKenzie Peevy Perry Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Timmons Trulock Walker Those not answering were Senators: Bond Burton Coggin Dawkins Deal Hill Hine Hudgins Land Lester Littlefield Phillips Tate Turner Tysinger Senator Hine of the 52nd introduced the chaplain of the day, Reverend William McDonald, of Cave Spring, Georgia, who offered scripture reading and prayer. THURSDAY, FEBRUARY 24, 1983 1571 The following resolutions were read and adopted: SR 145. By Senators Land of the 16th and Hudgins of the 15th: A resolution recognizing John H. Moye on the occasion of his retirement. SR 146. By Senator Dean of the 31st: A resolution commending the Cedartown Junior Welfare League. SR 147. By Senator Dean of the 31st: A resolution commending Sheriff Don Thurman. SR 148. By Senator Dean of the 31st: A resolution commending the Kiwanis Club of Cartersville, Georgia. SR 149. By Senator Dean of the 31st: A resolution commending the Kiwanis Club of Cedartown, Georgia. SR 150. By Senator Dean of the 31st: A resolution commending the Lions Club of Cedartown, Georgia. SR 151. By Senator Dean of the 31st: A resolution commending the Lions Club of Bartow County, Georgia. SR 152. By Senator Dean of the 31st: A resolution commending the Etowah Creative Arts Council of Cartersville, Georgia. SR 153. By Senator Dean of the 31st: A resolution commending the Lions Club of Dallas, Georgia. SR 154. By Senator Hill of the 29th: A resolution urging that the people of this state observe Family Reunion Month. 1572 JOURNAL OF THE SENATE SR 163. By Senator McGill of the 24th: A resolution commending Charles Ronnie Hardigree. SR 164. By Senator Brannon of the 51st: A resolution commending Honorable Culver Kidd. SR 165. By Senator Kennedy of the 4th: A resolution commending the Larry Collins Family on being named Georgia's Young Farm Family by the Georgia Young Farmers. SR 166. By Senator Kennedy of the 4th: A resolution commending Mary Lou Hensley on being named by the Georgia County Welfare Association as County Welfare Director of the Year. SR 167. By Senators Scott of the 2nd, Bond of the 39th, Tate of the 38th and others: A resolution commending Ms. Ginny Montes. SR 169. By Senator Dean of the 31st: A resolution commending the Kingston Women's History Club. SR 170. By Senator Dean of the 31st: A resolution commending the New Hope Ruritan Club. SR 171. By Senator Dean of the 31st: A resolution commending the Dallas Jaycees. SR 172. By Senator Dean of the 31st: A resolution commending the Cedartown Exchange Club. SR 173. By Senator Dean of the 31st: A resolution commending the Pilot Club of Cartersville, Georgia. SR 174. By Senator Dean of the 31st: A resolution commending the Paulding County Rotary Club. SR 175. By Senator Dean of the 31st: A resolution commending the Cedartown Jaycees. THURSDAY, FEBRUARY 24, 1983 1573 SR 176. By Senator Dean of the 31st: A resolution commending the Cedartown Jaycettes. SR 177. By Senator Dean of the 31st: A resolution commending the Cartersville Business and Professional Women's Luncheon Club. SENATE RULES CALENDAR Thursday, February 24, 1983 THIRTY-FIFTH LEGISLATIVE DAY HB 75 SR 125 SR 126 HB 12 HB 83 HB 119 HB 121 HB 127 HB 135 HB 189 HB 230 HB 245 HB 266 HB 327 HB 427 HB 485 HB 541 HB 627 County Boards of Tax Assessors--not required to be less than 72 years of age (FS&CA-G--43rd) Compensation to Victims of Crime Study Committee--create (Judy--1st) Medicaid Coverage Study Committee--create (App--42nd) Superior Courts--change certain filing fees (AMENDMENT) (Judy--42nd) Antiterrorism Task Force--create within the Georgia Bureau of In vestigation (J&CL--2nd) Labor Department--supplemental appropriation (App--12th) Magistrate Court--provide in each county (SUBSTITUTE) (Judy--49th) Tax Executions--issuance and assessment of fees (Judy--40th) Bonds, Recognizances--certain offenses not bailable (Judy--33rd) Certain State Officials--change salaries (SUBSTITUTE) (App-4th) Property for Agricultural Purposes--preferential assessment for ad valorem tax (SUBSTITUTE) (B&F--14th) Bad Checks--change certain penalties (AMENDMENT) (Gov Op--30th) Employees' Retirement System--redefine "annuity savings fund" (Ret--8th) Administrative Procedure Act--agency includes Board and Depart ment of Education (SUBSTITUTES) (Gov Op--25th) Dealers, Salesmen Filing Surety Bonds--exempt Securities Investor Protection Corporation (B&F--23rd) Richmond County--elections in Augusta (Gov Op--23rd) Irrigation Systems--specify those required to have anti-syphon de vices (Ag--24th) Airports Owned, Operated by City, County--licenses for sale of alco holic beverages (B&F--44th) 1574 JOURNAL OF THE SENATE HR 15 HR ' 106 HR 154 HR 158 Bartow County--conveyance of state owned property (Pub U--31st) Augusta--conveyance of state owned property (Pub U--22nd) Baldwin County--conveyance of certain state owned property (Pub U--25th) Academy Creek Wastewater Treatment Facility--property easement for construction (Pub U--6th) 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 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. Senate Sponsor: Senator Scott of the 43rd. Senator Trulock of the 10th offered the following substitute to HB 75: A BILL TO BE ENTITLED AN ACT 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 remove the re quirement that a member be 72 years of age or less; to designate the alter nate members of the board of equalization; to provide for an alternate becoming a member of the board; to provide for filling a vacancy among the alternates; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of property, is amended by striking paragraph (1) of subsection (a) of Code Section 48-5-291, relating to quali fications for members of county boards of tax assessors, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: "(1) Is less than 21 years of age;". Section 2. Said chapter is further amended by striking subsection (c) of Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation, duties, review of assessment, and appeals of county boards of THURSDAY, FEBRUARY 24, 1983 1575 equalization, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: "(c) (1) Each member and alternate member of the county board of equalization shall be appointed for a term of two calendar years next succeeding the date of his selection. Each term shall begin on January 1. (2) The grand jury in each county at any term of court preceding November 1 of each odd-numbered year shall select three persons from the current grand jury list who are otherwise qualified to serve as mem bers of the county board of equalization and shall also select three per sons from the current grand jury list who are otherwise qualified to serve as alternate members of the county board of equalization. The three indi viduals selected as alternates shall be designated as alternate one, alter nate two, and alternate three. If a vacancy occurs on the county board of equalization, the individual designated as alternate one shall then serve as a member of the board of equalization for the unexpired term. If a vacancy occurs among the alternate members, the grand jury then in ses sion or the next grand jury shall select an individual who is otherwise qualified to serve as an alternate member of the county board of equali zation for the unexpired term. The individual so selected shall become alternate member three, and the other two alternates shall be redesignated appropriately. (3) Within five days after the names of the members and alternate members of the county board or boards of equalization have been se lected, the clerk of the superior court shall issue and deliver to the sheriff or his deputy a precept containing the names of the persons so selected. Within ten days of receiving the precept, the sheriff or his deputy shall cause the persons whose names are written on the precept to be served personally or by leaving the summons at their place of residence. The summons shall direct the persons named on the summons to appear before the clerk of the superior court on a date specified in the summons, which date shall not be later than December 15. (4) Each member and alternate member of the county board of equalization, on the date prescribed for appearance before the clerk of the superior court and before entering on the discharge of his duties, shall take and subscribe before the clerk of the superior court the follow ing oath: 'You shall faithfully and impartially discharge the duty of members and alternate members of the board of equalization for the County of__________, in accordance with the Constitution and laws of this state, to the best of your skill and knowledge. So help you God.' In addition to the oath of office prescribed in this paragraph, the judge of the superior court shall charge each member and alternate member of the county board of equalization with the law and duties re lating to his office." Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. 1576 JOURNAL OF THE SENATE Section 4. All laws and parts of laws in conflict with this Act are repealed. On 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 Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engrain Fincher Foster Gillis Harris Harrison Hill Hine Horton Howard Huggins Kennedy Kidd Lester Littlefield McGill McKenzie Peevy Perry Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Trulock Turner Those not voting were Senators: Bowen Brantley Garner Greene Holloway Hudgins Land Phillips Starr Timmons Tysinger Walker On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. THURSDAY, FEBRUARY 24, 1983 1577 The following local bill of the Senate was taken up for the purpose of considering the House action thereon: 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. Senator Kidd of the 25th moved that the Senate adhere to the Senate substitute to SB 238, and that a Conference Committee be appointed. On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to SB 238. The President appointed as a Conference Committee on the part of the Senate the following: Senators Kidd of the 25th, Barker of the 18th and Walker of the 19th. The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption. SR 125. By Senators Coleman of the 1st and Scott of the 2nd: A resolution creating the Compensation to Victims of Crime 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 Brannon 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 1578 Howard Huggins Kennedy Lester Littlefield McGill McKenzie JOURNAL OF THE SENATE Peevy Perry Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons i, , Trulock Turner Walker Those not voting were Senators: Bowen Brantley Fincher Greene Hudgins Kidd Land Phillips Tysinger On the adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: 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 House amendment was as follows: Amend SB 83 by striking the word "commodities" on line 16 of Page 2 and line 6 of Page 3 and inserting the word "transportation" in its place. Senator Brown of the 47th moved that the Senate agree to the House amendment to SB 83. On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 83. THURSDAY, FEBRUARY 24, 1983 1579 The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption: SR 126. By Senators Howard of the 42nd and Starr of the 44th: A resolution creating the Medicaid Coverage 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 Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal Dean English Engram Foster Gillis Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Lester Littlefield McGill Peevy Perry Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Walker Those not voting were Senators: Barker Barnes Bowen Dawkins Fincher Garner Greene Hill Hudgins Kidd Land McKenzie Phillips Timmons Tysinger On the adoption of the resolution, the yeas were 41, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 1580 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 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. Senate Sponsor: Senator Howard of the 42nd. The Senate Committee on Judiciary offered the following amendment: Amend HB 12 by striking from line 9 of Page 2 of the following: "2.50", and inserting in lieu thereof the following: "3.50". 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. On 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 Engram Foster Gillis Harris Harrison Hffl Hmc Coggin Coleman Coverdell Deal English Horton Howard Huggins Kennedy Kidd Lester Littlefield McGill McKenzie Peevy Perry Scott of 2nd Scott of 43rd h. Stumbaugh Tate Timmons Trulock Turner Walker THURSDAY, FEBRUARY 24, 1983 1581 Those not voting were Senators: Bowen Brannon DDaewankms Fincher Garner Greene ,,Hud.gi.ns Land Phillips Scott of 36th ^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 as amended. 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 and Antiterrorism Task Force. Senate Sponsor: Senator Scott of the 2nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coverdell Deal English Engram Foster Garner Gillis Harris Harrison Hill Holloway Horton Howard Huggins Kennedy Kidd Lester Littlefield McGill Peevy Perry Scott of 2n< Starr Stumbaugh Tate Timmons Turner Walker Those not voting were Senators: Bowen Broun of 46th Coleman Dawkins Dean Fincher 1582 JOURNAL OF THE SENATE Greene Hudgins Land McKenzie Phillips Scott of 36th Thompson Trulock Tysinger On the passage of the bill, the yeas were 41, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. 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 Brannon orantleyr *<. u B5BrrrOoywUannntonf f4/7mth Burton Cobb Coggin Coleman Coverdell Deal Dean English Engram Foster Garner Gillis H,,H.la1.1.rris Hine Holloway Horton Howard Huggins Kennedy Kidd Lester McGill McKenzie Peev Perry S0Sccoott..tt oo,ff 42.3n,drd, Starr Stumbaugh Tate Trulock Turner Walker Those not voting were Senators: Bowen Dawkins Fincher Greene Harrison Hudgins THURSDAY, FEBRUARY 24, 1983 1583 Land Littlefield Phillips Scott of 36th Thompson Timmons Tysinger On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Brantley of the 56th introduced the doctor of the day, Dr. Stephen C. May, of Kennesaw, Georgia. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: 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. Senator Deal of the 49th moved that HB 121 be postponed until Monday, Febru ary 28. On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 121 was postponed until Monday, February 28. 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. Senate Sponsors: Senators Coverdell of the 40th and Barnes of the 33rd. The report of the committee, which was favorable to the passage of the bill, was agreed to. 1584 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 Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Deal English , Engram " Foster Garner Gillis Harris Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Lester McGill McKenzie Peevy Perry Scott of 2nd Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Walker Those not voting were Senators: Bowen Coleman Dawkins Dean Fincher Greene Harrison Hudgins Land Littlefield Phillips Scott of 36th Starr Tysinger On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. 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 Brannon Brantley Broun of 46th Bryant Burton Cobb Coleman Coverdell Deal THURSDAY, FEBRUARY 24, 1983 1585 Dean English Engram Foster Garner Gillis Harris Harrison Hine Holloway Horton Muggins Kennedy Kidd Lester McGill McKenzie Perry Scott of 2nd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Walker Those voting in the negative were Senators: Brown of 47th Dawkins Howard Littlefield Peevy Scott of 43rd Those not voting were Senators: Bond Bowen Coggin Fincher Greene Hill Hudgins Land Phillips Scott of 36th Tysinger On the passage of the bill, the yeas were 39, nays 6. The bill, having received the requisite constitutional majority, was passed. The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: SB 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. The House amendment was as follows: Amend SB 189 as follows: On Page 1, line 17 strike "in which" and add "where persons on active duty in the United States military constitute" and on line 20 strike "resides" and add "2nd such persons reside". 1586 JOURNAL OF THE SENATE Senator Timmons of the llth moved that the Senate disagree to the House amendment to SB 189. On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 189. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: 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. Senate Sponsor: Senator Kennedy of the 4th. The Senate Committee on Appropriations offered the following substitute to HB 189: A BILL TO BE ENTITLED AN ACT To amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to annual salaries and allowances of certain state officials, so as to change certain of such salaries and allowances; to provide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to annual salaries of certain state officials, is amended by striking paragraphs (2), (4), (7), (11), and (14) of subsection (a) in their entirety and inserting in lieu thereof the following: "(2) Lieutenant Governor ............................ 39,900.00 (4) Commissioner of Agriculture..................... 49,900.00 (7) Commissioner of Insurance ...................... 49,900.00 (11) Each member of the Public Service Commission ................................. 49,900.00 (14) Secretary of State .............................. 49,900.00" Section 2. Said Code section is further amended by striking the first undesignated paragraph of paragraph (22) of subsection (a) in its entirety and inserting in lieu thereof the following: THURSDAY, FEBRUARY 24, 1983 1587 "Each member of the General Assembly shall also receive the al lowances provided by law, except that each member shall receive an ex pense allowance in the sum of $59.00 per day and shall receive the same mileage allowance for the use of a personal car when devoted to official business as that received by other state officials and employees." Section 3. Said Code Section is further amended by striking the second undesignated paragraph of paragraph (22) of subsection (a) in its entirety and inserting in lieu thereof the following: "In addition to any other compensation and allowances authorized for members of the General Assembly, each member shall be reimbursed for actual expenses incurred in the performance of duties within the state as a member of the General Assembly in an amount not to exceed $5,200.00 per year. For the purposes of the preceding sentence, a year shall be construed to begin on the convening date of the General Assem bly in regular session and end on the last day of December in that calen dar year. These expenses shall be limited to one or more of the following purposes: rents, district office or offices, office supplies and materials, of fice equipment, secretarial assistance, utilities, postage (which shall not be used for a political newsletter), communications, stationery, lodging, meals, travel, and per diem differential. Per diem differential shall be the difference between the daily expense allowance authorized for members of the General Assembly and the federal per diem rate in effect for the state capital as specified by the General Services Administration. Such expenses shall be reimbursed upon the submission of sworn vouchers to the legislative fiscal office." Section 4. This Act shall become effective July 1, 1983. Section 5. All laws and parts of laws in conflict with this Act are repealed. Senator Coleman of the 1st offered the following amendment: Amend the substitute to HB 189 offered by the Senate Committee on Appropriations by inserting between lines 17 and 18 on Page 1 the following: "(12) State Revenue Commissioner................. 49,900.00". On the adoption of the amendment, the yeas were 31, nays 1, and the amendment was adopted. On the adoption of the substitute, the yeas were 31, nays 3, 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. 1588 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 Brannon Brown of 47th Bryant Cobb Coggin Coleman Dean English Gillis Harris Holloway Huggins Kennedy Kidd Lester Littlefield McGill McKenzie Scott of 2nd Scott of 43rd Tate Timmons Turner Walker Those voting in the negative were Senators: Barnes Brantley Broun of 46th Burton Coverdell Dawkins Deal Engram Foster Garner Harrison Hine Horton Howard Peevy Perry Starr Stumbaugh Those not voting were Senators: Bowen Fincher Greene Hill Hudgins Land Phillips Scott of 36th Thompson Trulock Tysinger On the passage of the bill, the yeas were 27, nays 18. The bill, having failed to receive the requisite constitutional majority, was lost. Senator Kennedy of the 4th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 189. 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 THURSDAY, FEBRUARY 24, 1983 1589 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 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. The Speaker has appointed as a Committee of Conference on the part of the House the following members: Representatives McDonald of the 12th, Buck of the 95th and Jackson of the 9th. The House adheres to its insistence on its amendment number 2 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 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; to repeal conflicting laws. The Speaker has appointed as a Committee of Conference on the part of the House the following members: Representatives Walker of the 115th, Coleman of the 118th and Hanner of the 131st. The House has passed by the requisite constitutional majority the following bills of the House: HB 519. By Representative Phillips of the 125th: A bill to amend an Act revising, altering, and consolidating into a compre hensive Act all laws relating to the Municipal Court of Savannah, so as to change the provisions relating to the compensation of the judge. HB 652. By Representatives Porter of the 119th and Coleman of the 118th: A bill to amend an Act consolidating the office of tax receiver and tax col lector of Laurens County into the office of tax commissioner of Laurens County, so as to change the compensation of the tax commissioner. 1590 JOURNAL OF THE SENATE HB 653. By Representatives Porter of the 119th and Coleman of the 118th: A bill to amend an Act placing the judge of the Probate Court of Laurens County on an annual salary in lieu of fees, so as to change the compensation of the judge of the probate court. HB 712. By Representatives Thomas of the 69th and Johnson of the 70th: A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the judge and solicitor. HB 715. By Representatives Thomas of the 69th, Johnson of the 70th and Shepard of the 71st: A bill to amend an Act creating the office of commissioner of Carroll County, so as to change the compensation of the commissioner of Carroll County. HB 748. By Representative Auten of the 156th: A bill to amend an Act placing the sheriff of Glynn County on an annual salary, so as to change the provisions relative to the automobiles provided to the sheriff. HB 758. By Representatives Sherrod of the 143rd and Long of the 142nd: A bill to amend an Act creating the Small Claims Court of Thomas County, so as to provide that the judge of the court shall be elected. HB 762. By Representatives Sherrod of the 143rd and Long of the 142nd: A bill to amend an Act creating a board of commissioners of Thomas County, so as to provide for the election of members of the board and for the districts from which they shall be elected. HB 763. By Representatives Sherrod of the 143rd and Long of the 142nd: A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation of probate judges, so as to change the amount of the court costs charged by the probate judges of all counties having a population of not less than 38,000 and not more than 38,200. HB 785. By Representatives Smith of the 152nd and Moody and Byrd of the 153rd: A bill to amend an Act providing a new charter for the City of Hoboken, Georgia, so as to change certain fines. THURSDAY, FEBRUARY 24, 1983 1591 HB 786. By Representative Smith of the 152nd: A bill to amend an Act creating a board of commissioners of Bacon County, so as to provide for commissioner districts; to provide for a chairman and members of the board. HB 787. By Representative Smith of the 152nd: A bill to repeal specifically an Act providing for boards of commissioners in counties having a population of not less than 9,365 and not more than 9,385 according to the United States decennial census of 1980 or any future such census. HB 793. By Representative Adams of the 79th: A bill to further define, prescribe, and enlarge the powers of the ThomastonUpson County Office Building Authority. HB 794. By Representative Hanner of the 131st: A bill to amend an Act providing a new charter for the City of Leary in Calhoun, so as to change the corporate limits of the City. HB 795. By Representative Murphy of the 18th: A bill to amend an Act creating the office of county commissioner of Haralson County, so as to change the compensation of the county commissioner of Haralson County. HB 796. By Representative Murphy of the 18th: A bill to amend an Act placing the sheriff and the ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the probate judge of Haralson County (for merly ordinary of Haralson County). HB 797. By Representative Russell of the 64th: A bill to authorize the governing authority of Barrow County to provide for supplemental compensation for the judge of the superior court in the Pied mont Judicial Circuit. HB 798. By Representative Russell of the 64th: A bill to provide that the board of commissioners of Barrow County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations doing business in the unincorporated areas of Barrow County. 1592 JOURNAL OF THE SENATE HB 799. By Representative Jones of the 78th: A bill to amend an Act to provide that the grand jury selecting members of the county board of education of Butts County shall be authorized to select two members from certain militia districts, so as to provide an additional procedure to be used in the selection of members of the county board of education. HB 800. By Representative Long of the 142nd: A bill to amend an Act incorporating the City of Cairo, so as to extend the corporate limits of said city. HB 801. By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and Balkcom of the 140th: A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the commission districts; to clarify that elections and terms under the changed districts shall remain the same as under these districts as formerly described. HB 802. By Representative Reaves of the 147th: A bill to abolish the method of compensating the judges of the Probate Court of Brooks County known as the fee system; to provide in lieu thereof an annual salary. HB 803. By Representative Porter of the 119th: A bill to amend an Act providing a new charter for the City of Dublin, so as to increase the maximum fine of the city court from $500.00 to $1000.00. HB 804. By Representatives Twiggs and Colwell of the 4th: A bill to amend an Act placing the sheriff of Towns County on an annual salary, so as to change the compensation of the sheriff; to change the provi sions relating to deputies. HB 808. By Representative Copelan of the 106th: A bill to provide a new charter for the City of White Plains; to provide for corporate boundaries. HB 809. By Representatives Colwell and Twiggs of the 4th: A bill to amend an Act providing for a Board of Commissioners of Fannin County, so as to change the provisions relating to the compensation of the chairman and members of the board. THURSDAY, FEBRUARY 24, 1983 1593 HB 810. By Representatives Colwell and Twiggs of the 4th: A bill to amend an Act providing an annual salary for the coroner of Fannin County, so as to change the compensation of the coroner. HB 811. By Representatives Kilgore of the 42nd, Watts of the 41st and Johnson of the 70th: A bill to amend an Act creating the Douglas Judicial Circuit, so as to change the amount of the supplement paid to the superior court judges of the Douglas Judicial Circuit from funds of Douglas County. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: 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. Senate Sponsor: Senator McKenzie of the 14th. The Senate Committee on Banking and Finance offered the following substitute to HB 230: A BILL TO BE ENTITLED AN ACT 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; to provide conditions of such assessment and penalties for breach of such conditions; to state legislative intent; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. It is the intent of this Act to implement certain changes im posed by Article VII, Section I, Paragraph III, subparagraph (c) of the Constitution of the State of Georgia. Section 2. Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, is amended by striking Code Section 48-5-7 and inserting in its place a new Code sec tion to read as follows: "48-5-7. (a) Except as otherwise provided in this Code section, taxa ble tangible property shall be assessed at 40 percent of its fair market 1594 JOURNAL OF THE SENATE value and shall be taxed on a levy made by each respective tax jurisdic tion according to 40 percent of the property's fair market value. (b) Tangible real property which is devoted to bona fide agricultural purposes as defined in this chapter and which otherwise conforms to the conditions and limitations imposed in this chapter shall be assessed for ad valorem property tax purposes at 75 percent of the value which other tangible real property is assessed and shall be taxed on a levy made by each respective tax jurisdiction according to said assessment. (c) The requirement contained in this Code section that all tax juris dictions assess taxable tangible property at 40 percent of fair market value shall not apply to any tax jurisdiction whose ratio of assessed value to fair market value exceeded 40 percent for the tax year 1971. No tax jurisdiction so exempted shall assess at a ratio of less than 40 percent except as necessary to effect the preferential assessment provided in sub section (b) of this Code section. (d) Each notice of ad valorem taxes due sent to taxpayers of coun ties and municipalities shall include both the fair market value of the property of the taxpayer which is subject to taxation and the assessed value of the property after being reduced as provided by this Code section." Section 3. Said article is further amended by adding a new Code Sec tion 48-5-7.1 to read as follows: "48-5-7.1. (a) For purposes of this article, 'tangible real property which is devoted to "bona fide agricultural purposes"': (1) Is tangible real property, the primary use of which is good faith commercial production from or on the land of agricultural products, in cluding horticultural, floricultural, forestry, dairy, livestock, poultry, and apiarian products and all other forms of farm products; but (2) Includes only the value which is $100,000.00 or less of the fair market value of tangible real property which is devoted to the storage or processing of agricultural products from or on the property; and (3) Excludes the entire value of any residence located on the property. (b) No property shall qualify for the preferential ad valorem prop erty tax assessment provided for in subsection (b) of Code Section 48-5-7 unless: (1) It is owned by one or more natural or naturalized citizens; or (2) It is owned by a family-farm corporation, the controlling interest of which is owned by individuals related to each other within the fourth degree by civil reckoning, and such corporation derived 80 percent or more of its gross income for the year immediately preceding the year in which application for preferential assessment is made from bona fide ag ricultural pursuits carried out on tangible real property located in this state, which property is devoted to bona fide agricultural purposes. THURSDAY, FEBRUARY 24, 1983 1595 (c) No property shall qualify for said preferential assessment if such assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock ownership, receiving in any tax year any benefit of preferential assessment as to more than 2,000 acres. If any taxpayer has any beneficial interest in more than 2,000 acres of tangible real property which is devoted to bona fide agricultural purposes, such taxpayer shall apply for preferential as sessment only as to 2,000 acres of such land. (d) No property shall qualify for preferential assessment unless and until the owner of such property agrees by covenant with the appropriate taxing authority to maintain the eligible property in bona fide agricul tural purposes for a period of at least ten years beginning on the first day of January falling after the date of his application for preferential assess ment and ending on the last day of December of the tenth year of the covenant period. After the expiration of any ten-year covenant period, the property shall not qualify for further preferential assessment until and unless the owner of the property enters into a renewal covenant for an additional period of ten years. (e) No property shall maintain its eligibility for preferential assess ment unless a valid covenant remains in effect and unless the property is continuously devoted to bona fide agricultural purposes during the entire period of the covenant. (f) If any change in ownership of such qualified property occurs dur ing the covenant period, all qualification requirements must be met again before the property shall be eligible to be continued for preferential as sessment. If ownership of the property is acquired during a covenant pe riod by a person qualified to enter into an original covenant, by a newly formed corporation the stock in which is owned by the original covenan tor or others related to the original covenantor within the fourth degree by civil reckoning, or by the personal representative of an owner who was a party to the covenant then the original covenant may be continued by such acquiring party for the remainder of the term in which event no breach of the covenant shall be deemed to have occurred. (g) A penalty shall be imposed under this subsection if, during the first nine years of the period of the original covenant, excluding renewals, entered into by a taxpayer, the covenant is breached. The amount of the penalty shall be computed as follows: (1) If the property has received preferential assessment for fewer than five tax years, multiply the total amount by which such preferential assessment has reduced taxes otherwise due for those years times: (A) A factor of five if the property has received preferential assess ment for one year; (B) A factor of 2.5 if the property has received preferential assess ment for two years; (C) A factor of 1.66 if the property has received preferential assess ment for three years; or 1596 JOURNAL OF THE SENATE (D) A factor of 1.25 if the property has received preferential assess ment for four years; or (2) If the property has received preferential assessment for five or more tax years, total the amount by which such preferential assessment has reduced taxes which would have otherwise been due for: (A) The five tax years for which preferential assessment was granted if the property has received preferential assessment for five years; (B) The four most recent tax years for which preferential assess ment was granted if the property has received preferential assessment for six years; (C) The three most recent tax years for which preferential assess ment was granted if the property has received preferential assessment for seven years; (D) The two most recent tax years for which preferential assessment was granted if the property has received preferential assessment for eight years; or (E) The one most recent tax year for which preferential assessment was granted if the property has received preferential assessment for nine years; and (3) Multiply the amount determined under paragraph (1) or (2) of this subsection times a factor of three. (h) A penalty imposed under subsection (g) of this Code section shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached. (i) Penalties and interest imposed under this Code section shall con stitute a lien against the property and shall be collected as other unpaid ad valorem taxes are collected. Such penalties and interest shall be dis tributed pro rata to each taxing jurisdiction wherein the preferential as sessment has been granted based upon the total amount by which such preferential assessment has reduced taxes for each such taxing jurisdic tion on the property in question as provided in this Code section. (j) The penalty imposed by subsection (g) of this Code section shall not apply in any case where a covenant is breached solely as a result of: (1) The acquisition of part or all of the property under the power of eminent domain; (2) The sale of part or all of the property to a public or private entity which would have had the authority to acquire the property under the power of eminent domain; or (3) The death of an owner who was a party to the covenant. (k) All applications for preferential assessment, including the cove nant agreement required under this Code section, shall be filed before THURSDAY, FEBRUARY 24, 1983 1597 January 1 of the tax year for which such preferential assessment shall be first applicable. Applications for preferential assessment shall be filed with the county board of tax assessors who shall approve or deny the application. If the application is denied, the board of tax assessors shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306. Appeals from the denial of an application by the board of tax assessors shall be made in the same man ner that other property tax appeals are made pursuant to Code Section 48-5-311. (1) The Commissioner shall by regulation provide uniform applica tion and covenant forms to be used in making application for preferential assessment. Such application shall include an oath or affirmation by the taxpayer that he has not at any time received, or made a pending appli cation for, preferential assessment in the same or another county with respect to any property which taken together with property for which application is then being made exceeds 2,000 acres." Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall apply to all tax years beginning on or after January 1, 1984. Section 5. All laws and parts of laws in conflict with this Act are repealed. Senators Coverdell of the 40th and Barnes of the 33rd offered the following amendment: Amend the substitute to HB 230 offered by the Senate Committee on Banking and Finance as follows: By redesignating Sections 4 and 5 as Sections 5 and 6, respectively, and by adding a new Section 4 to read as follows: "Section 4. Said article is further amended by adding a new Code Section 48-5-7.2 to read as follows: '48-5-7.2. (a) The General Assembly imposes the following addi tional requirements to obtain such preferential assessment in counties having a population of 150,000 or more according to the United States decennial census of 1980 or any future such census: (1) Except for that property devoted to the production of timber for bona fide commercial purposes, no property shall qualify for preferential assessment unless the owner demonstrates that sales of farm products derived from the farming operations conducted on the land so assessed have resulted in gross sales of at least $100.00 per acre from the farming operations in at least three of the preceding five years. Proof of such sales shall be required at the time of initial application for the preferential assessment. In years subsequent to the initial application for preferential assessment for those lands devoted to the production of agricultural prod ucts, the owner shall file an annual affidavit with the taxing authority which affirms that the lands so assessed continue to meet the require ments set forth above. In no event shall property qualify for said prefer- 1598 JOURNAL OF THE SENATE ential assessment unless the property consists of at least SO acres of con tiguous lands devoted to bona fide agricultural purposes. (2) For those lands devoted to the production of timber for bona fide commercial purposes, the owner at the time of initial application for preferential assessment shall file an affidavit with the taxing authority which affirms that his lands are used for bona fide commercial timber production. In years subsequent to the initial application for preferential assessment for those lands devoted to the production of timber, the owner shall file an annual affidavit with the taxing authority which affirms that the lands so assessed remain in good faith commercial production of tim ber. In no event shall property qualify for said preferential assessment unless the property consists of at least 100 acres of contiguous lands de voted to bona fide agricultural purposes. (3) In no event shall any land qualify for preferential assessment under this section if said land is zoned for commercial, industrial or resi dential development on lots of 20,000 square feet or less. (4) In the event any property in this section ceases to be classified as property used for bona fide agricultural purposes the owner at that time shall be deemed responsible for the following penalty which shall be im posed: the difference between the property tax paid as land devoted to bona fide agricultural purposes and the amount of property tax otherwise due and payable for the seven years last past had the land not been so classified, plus interest upon the amounts of such additional tax paid at the prime rate of interest, plus 4 percent as existed for each year in which preferential assessment was granted. Senator Coleman of the 1st offered the following amendment: Amend the amendment offered by Senators Coverdell of the 40th and Barnes of the 33rd to the substitute to HB 230 offered by the Senate Com mittee on Banking and Finance by striking on line 13, Page 1, the figure "150,000" and substituting therefor the figure "205,000". On the adoption of the amendment, the yeas were 33, nays 10 and the amendment was adopted. On the adoption of the amendment offered by Senators Coverdell of the 40th and Barnes of the 33rd, Senator Coverdell of the 40th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Barker Barnes Srantley Burton Coverdell Engram Greene Harrison Holloway Howard Hudgins Scott of 43rd Stumbaugh Thompson Tysinger THURSDAY, FEBRUARY 24, 1983 1599 Those voting in the negative were Senators: Allgood Bowen Brannon Broun of 46th Brown of 47th Cobb Coggin Coleman Dawkins Deal Dean English Fincher Foster Garner Gillis Harris Hine Horton Huggins Kennedy Kidd Lester Littlefield McGill McKenzie Peevy Perry Scott of 2nd s,, of 36 h ,tarr Tate Timmons Trulock Turner Walker Not voting were Senators Land and Phillips. On the adoption of the amendment, the yeas were 16, nays 38, and the amend ment was lost. Senators Coverdell of the 40th and Barnes of the 33rd offered the following amendment: Amend the substitute to HB 230 offered by the Senate Committee on Banking and Finance as follows: By striking the quotation mark where it appears immediately following the word and period "acres." in line 29 on Page 7 and by adding between lines 29 and 30 on Page 7 a new subsection (m) to read as follows: "(m) The Commissioner shall annually submit a report to the Gov ernor and members of the General Assembly which shall show the fiscal impact of the preferential assessment provided for in this Code section. The report shall include the amount of assessed value eliminated from each county's digest as a result of the preferential assessment; approxi mate tax dollar losses, by county, to all local governments affected by such preferential assessment; and any recommendations regarding state and local administration of this Code section, with emphasis upon en forcement problems, if any, attendant with this Code section. The report shall also include any other data or facts which the commissioner deems relevant.'" On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted. 1600 JOURNAL OF THE SENATE Senators Coverdell of the 40th and Barnes of the 33rd offered the following amendment: Amend the substitute to HB 230 offered by the Senate Committee on Banking and Finance as follows: On Page 7, lines 5 and 6, strike paragraph (3). On the adoption of the amendment, the yeas were 17, nays 36, and the amend ment was lost. Senator Scott of the 43rd offered the following amendment: Amend the substitute to HB 230 offered by the Senate Committee on Banking and Finance by adding a new Section 5 to read as follows: "If any part of this Act is declared to be invalid it shall not affect the other parts of this Act.", and by renumbering the present Section 5 as "Section 6". Senator Scott of the 43rd asked unanimous consent to withdraw his amendment, and the consent was granted. On the adoption of the substitute, the yeas were 49, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill 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 Brown of 47th Bryant Cobb Coggin Coleman Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Lester Littlefield McGill McKenzie THURSDAY, FEBRUARY 24, 1983 1601 Peevy SScceoorrttytt oof,f 23n6dt.h Starr Stumbaugh T_Thaotempson Timmons Trulock T_Tyusrmn. egrer Walker Those voting in the negative were Senators: Brantley Burton Coverdell Hudgins Scott of 43rd Not voting were Senators Land and Phillips. On the passage of the bill, the yeas were 49, nays 5. The bill, having received the requisite constitutional majority, was passed by substitute. The following bills of the House were read the first time and referred to committees: HB 519. By Representative Phillips of the 125th: A bill to amend an Act revising, altering, and consolidating into a compre hensive Act all laws relating to the Municipal Court of Savannah, so as to change the provisions relating to the compensation of the judge. Referred to Committee on Federal, State and Community Affairs. HB 652. By Representatives Porter of the 119th and Coleman of the 118th: A bill to amend an Act consolidating the office of tax receiver and tax col lector of Laurens County into the office of tax commissioner of Laurens County, so as to change the compensation of the tax commissioner. Referred to Committee on Federal, State and Community Affairs. HB 653. By Representatives Porter of the 119th and Coleman of 118th: A bill to amend an Act placing the judge of the Probate Court of Laurens County on an annual salary in lieu of fees, so as to change the compensation of the judge of the probate court. Referred to Committee on Federal, State and Community Affairs. 1602 JOURNAL OF THE SENATE HB 712. By Representatives Thomas of the 69th and Johnson of the 70th: A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the judge and solicitor. Referred to Committee on Federal, State and Community Affairs. HB 715. By Representatives Thomas of the 69th, Johnson of the 70th and Shepard of the 71st: A bill to amend an Act creating the office of commissioner of Carroll County, so as to change the compensation of the commissioner of Carroll County. Referred to Committee on Federal, State and Community Affairs. HB 748. By Representative Auten of the 156th: A bill to amend an Act placing the sheriff of Glynn County on an annual salary, so as to change the provisions relative to the automobiles provided to the sheriff. Referred to Committee on Federal, State and Community Affairs. HB 758. By Representatives Sherrod of the 143rd and Long of the 142nd: A bill to amend an Act creating the Small Claims Court of Thomas County, so as to provide that the judge of the court shall be elected. Referred to Committee on Federal, State and Community Affairs. HB 762. By Representatives Sherrod of the 143rd and Long of the 142nd: A bill to amend an Act creating a board of commissioners of Thomas County, so as to provide for the election of members of the board and for the districts from which they shall be elected. Referred to Committee on Federal, State and Community Affairs. HB 763. By Representatives Sherrod of the 143rd and Long of the 142nd: A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation of probate judges, so as to change the amount of the court costs charged by the probate judges of all counties having a population of not less than 38,000 and not more than 38,200. Referred to Committee on Federal, State and Community Affairs. HB 785. By Representatives Smith of the 152nd and Moody and Byrd of the 153rd: A bill to amend an Act providing a new charter for the City of Hoboken, Georgia, so as to change certain fines. Referred to Committee on Federal, State and Community Affairs. THURSDAY, FEBRUARY 24, 1983 1603 HB 786. By Representative Smith of the 152nd: A bill to amend an Act creating a board of commissioners of Bacon County, so as to provide for commissioner districts; to provide for a chairman and members of the board. Referred to Committee on Federal, State and Community Affairs. HB 787. By Representative Smith of the 152nd: A bill to repeal specifically an Act providing for boards of commissioners in counties having a population of not less than 9,365 and not more than 9,385 according to the United States decennial census of 1980 or any future such census. Referred to Committee on Federal, State and Community Affairs. HB 793. By Representative Adams of the 79th: A bill to further define, prescribe, and enlarge the powers of the ThomastonUpson County Office Building Authority. Referred to Committee on Federal, State and Community Affairs. HB 794. By Representative Hanner of the 131st: A bill to amend an Act providing a new charter for the City of Leary in Calhoun, so as to change the corporate limits of the City. Referred to Committee on Federal, State and Community Affairs. HB 795. By Representative Murphy of the 18th: A bill to amend an Act creating the office of county commissioner of Haralson County, so as to change the compensation of the county commissioner of Haralson County. Referred to Committee on Federal, State and Community Affairs. HB 796. By Representative Murphy of the 18th: A bill to amend an Act placing the sheriff and the ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the probate judge of Haralson County (for merly ordinary of Haralson County). Referred to Committee on Federal, State and Community Affairs. HB 797. By Representative Russell of the 64th: A bill to authorize the governing authority of Barrow County to provide for supplemental compensation for the judge of the superior court in the Pied mont Judicial Circuit. Referred to Committee on Federal, State and Community Affairs. 1604 JOURNAL OF THE SENATE HB 798. By Representative Russell of the 64th: A bill to provide that the board of commissioners of Barrow County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations doing business in the unincorporated areas of Barrow County. Referred to Committee on Federal, State and Community Affairs. HB 799. By Representative Jones of the 78th: A bill to amend an Act to provide that the grand jury selecting members of the county board of education of Butts County shall be authorized to select two members from certain militia districts, so as to provide an additional procedure to be used in the selection of members of the county board of education. Referred to Committee on Federal, State and Community Affairs. HB 800. By Representative Long of the 142nd: A bill to amend an Act incorporating the City of Cairo, so as to extend the corporate limits of said city. Referred to Committee on Federal, State and Community Affairs. HB 801. By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and Balkcom of the 140th: A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the commission districts; to clarify that elections and terms under the changed districts shall remain the same as under these districts as formerly described. Referred to Committee on Federal, State and Community Affairs. HB 802. By Representative Reaves of the 147th: A bill to abolish the method of compensating the judge of the Probate Court of Brooks County known as the fee system; to provide in lieu thereof an annual salary. Referred to Committee on Federal, State and Community Affairs. HB 803. By Representative Porter of the 119th: A bill to amend an Act providing a new charter for the City of Dublin, so as to increase the maximum fine of the city court from $500.00 to $1000.00. Referred to Committee on Federal, State and Community Affairs. THURSDAY, FEBRUARY 24, 1983 1605 HB 804. By Representatives Twiggs and Colwell of the 4th: A bill to amend an Act placing the sheriff of Towns County on an annual salary, so as to change the compensation of the sheriff; to change the provi sions relating to deputies. Referred to Committee on Federal, State and Community Affairs. HB 808. By Representative Copelan of the 106th: A bill to provide a new charter for the City of White Plains; to provide for corporate boundaries. Referred to Committee on Federal, State and Community Affairs. HB 809. By Representatives Colwell and Twiggs of the 4th: A bill to amend an Act providing for a Board of Commissioners of Fannin County, so as to change the provisions relating to the compensation of the chairman and members of the board. .Referred to Committee on Federal, State and Community Affairs. HB 810. By Representatives Colwell and Twiggs of the 4th: A bill to amend an Act providing an annual salary for the coroner of Fannin County, so as to change the compensation of the coroner. Referred to Committee on Federal, State and Community Affairs. HB 811. By Representatives Kilgore of the 42nd, Watts of the 41st and Johnson of the 70th: A bill to amend an Act creating the Douglas Judicial Circuit, so as to change the amount of the supplement paid to the superior court judges of the Douglas Judicial Circuit from funds of Douglas County. Referred to Committee on Federal, State and Community Affairs. The following bill of the House was taken up for the purpose of considering the Conference Committee report 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. The Conference Committee report on HB 130 was as follows: The Conference Committee on HB 130 recommends that both the Sen- 1606 JOURNAL OF THE SENATE ate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 130 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Roy E. Barnes Senator, 33rd District /s/ Paul D. Coverdell Senator, 40th District /s/ Joe Thompson Senator, 32nd District FOR THE HOUSE OF REPRESENTATIVES: /s/ Denmark Groover Representative, 99th District /s/ Jerry D. Jackson Representative, 9th District /s/ Larry Walker Representative, 115th District Conference Committee 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 persons charged with driving under the influence of alcohol or drugs; to provide for the issuance of temporary driving permits; to provide for the disposition of drivers' licenses; to provide for the suspension and revocation of the drivers' licenses of per sons convicted of driving under the influence of alcohol or drugs; to provide procedures and conditions for pleas of nolo contendere; to provide for a sus pension of a driver's license upon a failure to comply with certain conditions; 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 person convicted of homicide by vehicle in the first degree; to provide that it shall be unlawful to be in actual control of any moving vehicle with 0.12 percent or more by weight of alcohol in the blood; to provide penalties 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 condi tions under which such penalties may be suspended, stayed, or probated; to limit the authority to suspend, stay, or probate these penalties; to provide that certain courts shall be authorized to impose these penalties notwith standing limits in municipal charters; to authorize certain courts to probate, THURSDAY, FEBRUARY 24, 1983 1607 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 Anno tated, relating to general punishment for misdemeanors including traffic of fenses, 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 certain provisions of Code Section 40-6-393, relating to homicide by vehicle; to allow certain evidence to be introduced at trials; to change certain refer ences to the offense of driving under the influence of alcohol or drugs to include the offense of being in actual control of any moving vehicle with 0.12 percent or more by weight of alcohol in the blood; to provide for all other matters relative to the foregoing; to amend Code Section 15-11-49 of the Official Code of Georgia Annotated, 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 a person 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 provisions of this Code which are applicable to traffic offenses generally and to viola tions of Code Section 40-6-391 shall continue to be applicable to the ex tent 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 a person is charged with violating Code Sec tion 40-6-391, the law enforcement officer shall take the driver's license of the person 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 1608 JOURNAL OF THE SENATE enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17. (b) At the time the law enforcement officer takes the driver's li cense, he shall issue a temporary driving permit to the person. This tem porary driving permit shall be valid until the expiration of 180 days, or until the person's driving privilege is suspended or revoked under any provision of this title. The Department of Public Safety, at its sole discre tion, may delay the expiration date of the temporary driving permit, but in no event shall this delay extend beyond the date when such person'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 person is convicted of violating Code Section 40-6-391, the court shall, within 15 days, forward the person's driver's license and the record of the disposition of the case to the Department of Public Safety. At this time, the court shall also require the person to surrender the temporary driving permit issued pursuant to subsection (b) of this Code section. (2) If the person is not convicted of violating Code Section 40-6-391, the court shall return the driver's license to the person, unless the person refused to submit to a blood alcohol test as required by Code Section 405-55. If the person refused to submit to such a 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 person 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 person convicted of violating 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 sub section (b) of this Code section. (b) (1) The driver's license of any person convicted of violating Code Section 40-6-391 shall be suspended as follows: (A) Upon the first conviction, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, the period of suspension shall be for one year. 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 basic alcohol or drug course from an approved driver improve ment clinic and pays a restoration fee of $25.00. For the purposes of this subparagraph only, an accepted plea of nolo contendere, with no convic tion of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, shall not be consid ered a conviction; however, the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the Department of Public Safety and the record of such disposi tion shall be kept on file for the purpose of considering and counting such THURSDAY, FEBRUARY 24, 1983 1609 accepted plea of nolo contendere as a conviction under subparagraphs (B) and (C) of this paragraph; (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. For the purposes of this subparagraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere within five years shall be considered and counted as convictions; 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 per son's driver's license as provided in Code Section 40-5-58 and Code Sec tion 40-5-62. For the purposes of this subparagraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere within five years shall be considered and counted as convictions. (2) Notwithstanding the provisions of paragraph (1) of this subsec tion which provide for the early reinstatement of a person's driver's li cense, 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 person is convicted of violating Code Section 40-6391. (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 40-6- 1610 JOURNAL OF THE SENATE 391 who has not previously been convicted of violating said Code section within the preceding five years and who has not had his driver's license suspended under Code Section 40-5-72 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; (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) 0) 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 THURSDAY, FEBRUARY 24, 1983 1611 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 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. 40-5-72. (a) The driver's license of any person whose plea of nolo contendere to a charge of violating Code Section 40-6-391 was accepted as provided in Code Section 40-6-391.1 but who fails to complete a certi fied and approved basic alcohol or drug course from an approved driver improvement clinic by the date specified in the court's order issued pur suant to Code Section 40-6-391.1 shall by operation of law be suspended on such date. Such license shall be suspended for a period of one year from such date. At any time after suspension begins, 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 basic alcohol or drug course from an approved driver improvement clinic and pays a restoration fee of $25.00. (b) Any person whose driver's license has been suspended by opera tion of law as provided in subsection (a) of this Code section shall imme diately return such license to the department. It shall be unlawful for any person to operate any motor vehicle in this state after such person's driver's license has been suspended under this Code section, if such per son has not thereafter obtained a valid driver's license. 40-5-73. If a person's driver's license is suspended by operation of law as provided in Code Section 40-5-70 or Code Section 40-5-72, the fact that the person's driver's license was not surrendered to the law en- 1612 JOURNAL OF THE SENATE forcement officer at the time the person was charged with violating Code Section 40-6-391 or that the person's driver's license was not retained by the court and forwarded to the Department of Public Safety as provided in Code Section 40-5-69 or that the person's driver's license was not for warded as provided in Code Section 40-5-72 shall not affect such suspension." 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 0.12 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 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- THURSDAY, FEBRUARY 24, 1983 1613 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 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- 1614 JOURNAL OF THE SENATE stituting in lieu thereof a new subsection (f) of Code Section 40-5-58 to read as follows: "(f) 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 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. THURSDAY, FEBRUARY 24, 1983 1615 (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. (0 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 is 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 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." 1616 JOURNAL OF THE SENATE 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 or 40-5-72. (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, 40-5-70 or 40-5-72. If the prior suspension was imposed under any other provision of this chapter, or any other provision of Georgia law, the department 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; (2) Under the influence of any drug to a degree which renders him incapable of driving safely; or THURSDAY, FEBRUARY 24, 1983 1617 (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 0.12 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 with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years: (A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, 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; 1618 JOURNAL OF THE SENATE (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, except as provided in subsection (g) of this Code section, 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 hour 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, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or pro bation; 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. (0 The provisions of Code Section 17-10-3 of the Official Code of THURSDAY, FEBRUARY 24, 1983 1619 Georgia Annotated, relating to general punishment for misdemeanors in cluding traffic 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 any person convicted of violating any provision of this Code section. (g) If the payment of the fine required under subsection (c) of this Code section will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt pro ceeding or a revocation of any probation otherwise authorized by this Code section." Section 13. Said title is further amended by adding between Code Sec tion 40-6-391 and Code Section 40-6-392 a new Code Section 40-6-391.1 to read as follows: "40-6-391.1. (a) The decision to accept a plea of nolo contendere to a charge of violating Code Section 40-6-391 shall be at the sole discre tion of the judge but, if such plea is accepted, the penalties provided for in subsection (c) of Code Section 40-6-391 shall be imposed. (b) If the defendant has not been convicted of or had a plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years and if the plea of nolo contendere shall be used as provided in subparagraph (b)(l)(A) of Code Section 40-S-70, no such plea shall be accepted unless, at a minimum, the following condi tions are met: (1) The defendant has filed a verified petition with the court re questing that such plea be accepted and setting forth the facts and spe cial circumstances necessary to enable the judge to determine that ac cepting such plea is in the best interest of justice; and (2) The judge has reviewed the defendant's driving records that are on file with the Department of Public Safety. (c) The judge, as part of the record of the disposition of the charge, shall set forth, under seal of the court, his reasons for accepting the plea of nolo contendere. (d) If a plea of nolo contendere is accepted as provided in subsection (b) of this Code section, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete a certified and ap proved basic alcohol and drug course from an approved driver improve ment clinic. The order shall stipulate that the defendant shall complete such course within 120 days and that the defendant shall submit evidence of such completion to the Department of Public Safety. The judge shall also notify the defendant that if he fails to complete such course by the date specified in the court's order, his driver's license shall be suspended, by operation of law, as provided in Code Section 40-5-72. (e) The record of the disposition of the case, including the ruling required in subsection (c) of this Code section, shall be forwarded to the 1620 JOURNAL OF THE SENATE Department of Public Safety as required in subsection (c) of Code Sec tion 40-5-69. (f) If a plea of nolo contendere is accepted under the conditions set forth in subsection (b) of this Code section and the defendant's driver's license has not been suspended under any other provision of this Code and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, the court shall, subject to subsection (d) of this Code section, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the Department of Public Safety as provided in subsection (c) of Code Section 40-5-69." Section 14. 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 THURSDAY, FEBRUARY 24, 1983 1621 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. (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 0.12 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 15. 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 40-6271, 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 one year nor more than ten years. (b) Any person who causes the death of another person, without an 1622 JOURNAL OF THE SENATE 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.", 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." Section 16. Said title is further amended by striking Code Section 4013-53, 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 THURSDAY, FEBRUARY 24, 1983 1623 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 17. 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 18. This Act shall become effective on September 1, 1983. Section 19. All laws and parts of laws in conflict with this Act are repealed. Senator Barnes of the 33rd moved that the Senate adopt the Conference Commit tee report on HB 130. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant 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 McGill McKenzie Peevy Perry Scott of 2nd 1624 Scott of 36th Scott of 43rd Starr Stumbaugh JOURNAL OF THE SENATE Tate Thompson Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Land Littlefield Phillips On the motion the yeas were 53, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 130. 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 adhere to the Senate substitute to HB 171, and that a Conference Committee be appointed. On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 171. The President appointed as a Conference Committee on the part of the Senate the following: Senators Deal of the 49th, Foster of the 50th and Harris of the 27th. The following bill of the Senate was taken up for the purpose of considering the House substitute thereon: 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 the use of the term "Vidalia" in connection with the sale of on ions unless such onions were grown in the "Vidalia production area". THURSDAY, FEBRUARY 24, 1983 1625 The House substitute to SB 209 was as follows: 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 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 'Vid alia 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 and ex isting varieties and new hybrids or varieties that may be developed which have similar characteristics, which onions are marketed dry. (3) 'Vidalia production area' means that portion of the State of Georgia located to the south of Richmond, McDuffie, Warren, Hancock, Baldwin, Jones, Bibb, Crawford, Upson, Talbot, and Muscogee counties and does not include said counties or any counties to the north of said counties. 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. 1626 JOURNAL OF THE SENATE 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 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 (2) 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 (2) 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- THURSDAY, FEBRUARY 24, 1983 1627 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. (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 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 viola tion. Upon the refusal or failure of such parties to comply or upon the Commissioner finding that the facts or circumstances warrant immediate prosecution, the Commissioner shall file a complaint with the Attorney 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 September 1, 1983. 1628 JOURNAL OF THE SENATE Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Gillis of the 20th moved that the Senate disagree to the House substitute to SB 209. On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 209. The following resolutions of the Senate were read and adopted: SR 157. By Senators Broun of the 46th and Coggin of the 35th: A resolution commending Vince Dooley and inviting him to appear before the Senate on Thursday, February 24, 1983. SR 158. By Senators Broun of the 46th, Coleman of the 1st, Scott of the 2nd and others: A resolution commending Claude Felton and inviting him to appear before the Senate on Thursday, February 24, 1983. SR 159. By Senator Broun of the 46th: A resolution commending Wayne Richard Radloff and inviting him to ap pear before the Senate. SR 160. By Senator Broun of the 46th: A resolution commending Dale Keith Carver and inviting him to appear before the Senate. SR 161. By Senators Broun of the 46th and Stumbaugh of the 55th: A resolution commending Timothy Floyd Crowe and inviting him to appear before the Senate. Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed. At 12:55 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow. FRIDAY, FEBRUARY 25, 1983 1629 Senate Chamber, Atlanta, Georgia Friday, February 25, 1983 Thirty-sixth Legislative Day The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President. Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct. Senator Kennedy of the 4th moved that the Senate reconsider its action of Febru ary 24 in defeating the following bill of the House: 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. On the motion, the yeas were 32, nays 3; the motion prevailed, and HB 189 was reconsidered and placed at the foot of the Senate General Calendar. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following reso lution of the House: HR 304. By Representative Murphy of the 18th: A resolution relative to adjournment. 1630 JOURNAL OF THE SENATE The House was passed by the requisite constitutional majority the following bills of the Senate: 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 doorkeepers and messenger for the Senate; to provide for a sergeant-at-arms for the Senate; to provide an effective date. 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 House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate: 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 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. 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. FRIDAY, FEBRUARY 25, 1983 1631 The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate: 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 House has adopted by the requisite constitutional majority the following reso lution of the Senate: 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 House has adopted the report to the Committee of Conference on the follow ing 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 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. The following bill and resolutions of the Senate were introduced, read the first time and referred to committees: SB 308. By Senator Coggin of the 35th: A bill to create and establish the East Point Building Authority, a body corporate and politic and an instrumentality of the State of Georgia. Referred to Committee on Federal, State and Community Affairs. SR 168. By Senators Deal of the 49th, Turner of the 8th, Coverdell of the 40th and others: A resolution urging the board of trustees of the Employees' Retirement Sys tem of Georgia and the Attorney General to take certain action with respect to applications for involuntary separation benefits. Referred to Committee on Retirement. 1632 JOURNAL OF THE SENATE SR 178. By Senator Kidd of the 25th: A resolution urging the United States Department of Agriculture to with draw its proposal to impose a $1.00 deduction in price per hundredweight of milk. Referred to Committee on Agriculture. The following bill of the House was read the first time and referred to committee: HB 339. By Representatives Greer of the 39th and Adams of the 36th: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended so as to provide that the retail sales and use tax for the Authority shall be at the rate of one percent until June 30, 2012, and shall thereafter be reduced to one-half percent, and to provide for the use of the proceeds. 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 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 89. HB 90. SR 140. Do pass as amended. Do pass. 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 resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SR 155. HB 163. HB 297. HR 69. Do pass. Do pass by substitute. Do pass. Do pass. HR 71. HR 93. HR 105. Do pass. Do pass. Do pass. Respectfully submitted, Senator Starr of the 44th District, Chairman FRIDAY, FEBRUARY 25, 1983 1633 Mr. President: The Committee on Education has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB S32. Do pass by substitute. Respectfully submitted, Senator Foster of the SOth 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 227. SB 301. SB 302. HB 643. HB 668. HB 677. HB 678. HB 679. HB 699. HB 700. HB 701. HB 713. HB 714. HB 716. HB 718. HB 719. HB 720. HB 721. HB 722. HB 730. HB 731. Do pass by substitute. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass as amended. Do pass. Do pass. Do pass. Do pass. Do pass. HB 737. HB 738. HB 741. HB 742. HB 743. HB 744. HB 745. HB 756. HB 764. HB 765. HB 766. HB 768. HB 769. HB 770. HB 771. HB 772. HB 773. HB 774. HB 775. HB 776. HB 777. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. 1634 JOURNAL OF THE SENATE HB 781. Do pass. HB 782. Do pass. Mr. President: HB 783. Do pass. HB 298. Do pass by substitute. Respectfully submitted, Senator Scott of the 43rd District, Chairman The Committee on Governmental Operations has had under consideration the fol lowing bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 294. HB 348. HB 379. Do pass. Do pass as amended. Do pass. HB 436. HB 608. HR 243. Do pass. Do pass. Do pass. Respectfully submitted, Senator Kidd of the 25th District, Chairman Mr. President: The Committee on Human Resources 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 435. Do pass. HB 437. Do pass. HB 585. Do pass. HB 386. Do pass. Respectfully submitted, Senator Howard of the 42nd District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 385. HB 581. HB 328. HB 299. Do pass. Do pass. Do pass. Do pass. HB 605. HB 675. HB 145. HB 365. Do pass. Do pass. Do pass by substitute. Do pass as amended. Respectfully submitted, Senator Deal of the 49th District, Chairman FRIDAY, FEBRUARY 25, 1983 1635 Mr. President: The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 149. HB 373. HB 375. Do pass. Do pass. Do pass. HB 374. HB 324. HB 478. Do pass. Do pass by substitute. 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 House and has instructed me to report the same back to the Senate with the following recommendations: HB 429. Do pass as amended. HB 137. 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 of the House and has instructed me to report the same back to the Senate with the follow ing recommendation: HB 497. Do pass. Respectfully submitted, Senator Timmons of the llth District, Chairman Mr. President: The Committee on Retirement has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SR 132. Do pass. HB 196. Do pass. HB 219. Do pass by substitute. HB 273. Do pass by substitute. Respectfully submitted, Senator Turner of the 8th District, Chairman 1636 JOURNAL OF THE SENATE The following bills and resolutions of the Senate and House were read the second time: 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. SB 295. By Senator Hine 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. 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. 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 men of said city. 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. 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 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. FRIDAY, FEBRUARY 25, 1983 1637 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 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. 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 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. 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 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 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. 1638 JOURNAL OF THE SENATE 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 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 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. 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. 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 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. 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. FRIDAY, FEBRUARY 25, 1983 1639 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. HB 682. By Representative Manner 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 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 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 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. HR 246. By Representative Ware of the 77th: A resolution designating the Pleasant Theodore McCutchen, Sr. Bridge. 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 board as the commission-council of Richmond County and the City of Augusta. 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 1640 JOURNAL OF THE SENATE eight aldermen of the City of Savannah; to provide for filling vacancies on the Board of Aldermen of the City of Savannah. 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. SR 132. By Senator Engram of the 34th: A resolution creating the Peace Officers' Annuity and Benefit Fund Study Committee. 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. SR 155. By Senator Broun of the 46th: A resolution creating the Structure of Financial Institutions Study Committee. 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 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. FRIDAY, FEBRUARY 25, 1983 1641 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 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 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 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. 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 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 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 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 1642 JOURNAL OF THE SENATE under the "Adequate Program for Education in Georgia Act," so as to change the provisions relating to minimum salaries for school bus drivers. 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 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. 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 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 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 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. FRIDAY, FEBRUARY 25, 1983 1643 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. 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. 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 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 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 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 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; 1644 JOURNAL OF THE SENATE to define the term "performance" as it applies to the sexual exploitation of children. 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. 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 qualifications of clerks of the superior courts, so as to change the provisions relating to additional annual training for clerks. 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. 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. 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 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 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- FRIDAY, FEBRUARY 25, 1983 1645 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 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 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 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. 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 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. 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. 1646 JOURNAL OF THE SENATE 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 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 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 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. 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. FRIDAY, FEBRUARY 25, 1983 1647 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 Manner 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 Representative Jones of the 78th: A bill to amend an Act creating a new charter of 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. 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 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. 1648 JOURNAL OF THE SENATE 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 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 of 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 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 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 FRIDAY, FEBRUARY 25, 1983 1649 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 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. 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 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 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. 1650 JOURNAL OF THE SENATE 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. 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 sheriffs office. 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. HR 69. By Representative Parham of the 105th: A resolution compensating John J. Gates, Ph.D., in the amount of $2,033.00. FRIDAY, FEBRUARY 25, 1983 1651 HR 71. By Representative Triplet! of the 128th: A resolution compensating Mary D. Refiner in the amount of $1,168.50. HR 93. By Representative Ramsey of the 3rd: A resolution compensating Mr. Richard B. Carney in the amount of $1,701.06. HR 105. By Representative Redding of the 50th: A resolution compensating Mr. Richard Walton in the amount of $5,560.00. 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 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 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. 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 Thomas R. Scott, Chairman Senate Federal, State, and Community Affairs Committee FROM: William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget DATE: February 21, 1983 SUBJECT: Fiscal Note--Senate Bill 123 (LC 7 5173) Pension Options for Fulton County Probation System Employees This Bill would allow any person employed by the Fulton County Pro bation System who transfers to the statewide probation system and who is a 1652 JOURNAL OF THE SENATE member of the Fulton County General Pension Plan to continue member ship in the Fulton County General Pension Plan. Those persons electing to continue such membership would pay the same employee contribution as all other Fulton County employees. The pension fund's board of trustees would be authorized to contract with the state to provide for the deduction of em ployee contributions and remission of those deductions to the pension fund and to provide for employer contributions to be paid by the state. The fiscal impact of this Bill would be dependent upon the employer contribution rate required of the state for those persons electing to continue membership in the local pension fund. It should be noted that the Bill au thorizes the local fund to contract to provide for employer contributions to be paid by the state but does not specify the rate that would be required. Based on current ERS and local employer contribution rates and assuming that all eligible employees transfer to state employment but remain under the local pension fund and that the state would be required to pay the local employer contribution rate for such persons, the state's employer contribu tions would have been reduced by approximately 4.2% of the total payroll, or about $3,075 per month for these individuals in 1983. This amount will vary as employer contribution rates and salaries change. /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, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to SB 288: A BILL TO BE ENTITLED AN ACT To further define, prescribe and enlarge the powers and duties of the Griffin-Spalding County Development Authority and further to regulate the FRIDAY, FEBRUARY 25, 1983 1653 management and conduct thereof, said Authority having been created pur suant to an Amendment to the Constitution of Georgia of 1945 (Ga. Laws 1962, p. 945), which Amendment was ratified at the general election held on November 6, 1962, and continued in effect in the Constitution of Georgia of 1976 by virtue of Article XIII, Section I, Paragraph II thereof and having been previously amended by Act No. 1134, Ga. Laws 1978, p. 4151 and by Act No. 731, Ga. Laws 1981, p. 4875; to further expand the powers and duties of the Authority in conformity with the recent changes in Title 36 Chapter 62 of the Official Code of Georgia Annotated; to provide that projects in progress on the effective date of this Act may be completed hereunder; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Pursuant to authority granted in Paragraph N of that Amendment to the Constitution of Georgia of 1945 (Ga. Laws 1962 p. 945) (the amendment) which was ratified at the general election held on Novem ber 6, 1962 and continued in effect in the Constitution of Georgia of 1976 by virtue of Article XIII Section I Paragraph II thereof, as the same was amended by Act No. 1134 Ga. Laws 1978, page 4151, and by Act No. 731, Ga. Laws 1981, page 4875, the powers of the Griffin-Spalding County De velopment Authority are further defined, prescribed, and enlarged by: (a) Striking Subparagraph 2 of Paragraph D which reads as follows: "D. . .(2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, con vey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;" in its entirety and by substituting therefor a new Subparagraph 2 of Para graph D to read as follows: "D. . .(2) To borrow money and issue its revenue bonds and bond anticipation notes from time to time and to use the proceeds thereof for the purpose of financing (by loan, grant, lease, or otherwise) the cost of any project, including the cost of extending, adding to, or improving the project, or for the purpose of refunding any such bonds of the Authority theretofore issued and to otherwise carry out the purposes of this Amend ment and to pay all other costs of the Authority incident to or necessary and appropriate to such purposes, including the providing of funds to be paid into any fund or funds to secure such bonds and notes, provided that all such bonds and notes shall be issued in accordance with the proce dures and subject to the limitations set forth in the Official Code of Georgia Section 36-63-8 and to sell, convey, mortgage, pledge, and as sign any and all of its funds, property, and income as security therefore." (b) Striking Subparagraph 4 of Paragraph D which reads as follows: "D. . .(4) To have and exercise usual powers of private corpora tions except such as are inconsistent with this Amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties which, officers and agents may or may not be members of the Authority, and the power to adopt and amend a cor- 1654 JOURNAL OF THE SENATE porate seal and by-laws and regulations for the conduct and management of the Authority;" in its entirety and by substituting therefor a new Subparagraph 4 of Para graph D to read as follows: "D. . .(4) To have and exercise usual powers of private corpora tions except such as are inconsistent with this Amendment, including the power to appoint and hire officers, agents, engineers, attorneys, fiscal agents, accountants, and employees and to provide their compensation and duties. These individuals may or may not be members of the Author ity. The Authority shall also have the power to adopt and amend a corpo rate seal and by-laws and regulations for the conduct and management of the Authority;" (c) Striking Subparagraph 5(a) of Paragraph D which reads as follows: "D. . .(5)(a) Among the projects which the Authority may under take shall be to encourage and promote the expansion and development of industrial and commercial facilities in Spalding County and the City of Griffin so as to relieve insofar as possible unemployment within the county, and to that end to acquire by purchase or gift any building or structure within the limits of Spalding County, to be used in the produc tion, manufacturing, processing, assembling, storing, or handling of any agricultural, manufactured, mining or industrial product, or any combi nation of the foregoing, in every case with all necessary or useful furnish ings, machinery, equipment, parking facilities, landscaping and facilities for outdoor storage, all as determined by the Authority, which determi nation shall be final and not subject to review. There may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad, causeways, terminals for rail road, automotive and air transportation, and transportation facilities inci dental to the project, none of which foregoing descriptive words shall be construed to constitute a limitation, but none of the improvements de scribed in this sentence shall be the primary purpose of any project. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structure, or through the acquisition of an existing building and the remodeling, reno vating, reconstructing, furnishing and equipping of such building. Also included in the projects which the Authority may undertake in pursuance of its purpose shall be the acquisition, construction, improvement or mod ification of any property, real or personal, used as air or water pollution control facilities which any federal, State or local agency having jurisdic tion in the premises shall have certified as necessary for the continued operation of the industrial or commercial facilities which the same is to serve and is necessary for the public welfare. For purposes hereof, the term 'air pollution control facility' shall mean any property used primar ily to abate or control atmospheric pollution or contamination by remov ing, containing, altering, disposing or storing of atmospheric pollutants or contaminants if such facility is in furtherance of federal, state or local standards for control of atmospheric pollution or contaminants. For the purpose hereof, the term 'water pollution control facility' shall mean any FRIDAY, FEBRUARY 25, 1983 1655 property used primarily to control water pollution by removing, storing, altering or disposing of pollutants, contaminants, wastes or heat, includ ing the necessary intercepting sewers, outfall sewers, pumping, power and other equipment, holding ponds, lagoons and their appurtenances, if such facility is in the furtherance of federal, state or local standards for the control of water pollution." in its entirety and by substituting therefor a new Subparagraph 5(a) of Par agraph D to read as follows: "D. . .(5)(a) Among the projects which the Authority may under take shall be to encourage and promote the expansion and development of industrial and commercial facilities in Spalding County and the City of Griffin so as to relieve insofar as possible unemployment within the county, and to that end to finance any one or more buildings or struc tures to be used in the production, manufacturing, processing, assem bling, storing, or handling of any agricultural, manufactured, mining, or industrial product or any combination of the foregoing, in every case with all necessary or useful furnishings, machinery, equipment, parking facili ties, landscaping, and facilities for outdoor storage, all as determined by the Authority, which determination shall be final and not subject to re view; and there may be included as part of any such project all improve ments necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line rail road sidings and lead tracks, bridges, causeways, terminals for railroad, automotive, and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation, provided that none of the improvements described in this sentence shall be the primary purpose of any project;" (d) Striking Subparagraph 5(b) of Paragraph D which reads as follows: "D. . .(5)(b) Among the projects which the Authority may under take shall be the power to acquire, construct, improve, or modify any property, real or personal, used as or in connection with a sewage dispo sal facility or a solid waste disposal facility which any federal, state, or local agency having jurisdiction in the premises shall have certified as necessary for the continued operation of the industries which the same is to serve and which is necessary for the public welfare, provided that if such facility is to be operated by a political subdivision of this state or an agency or instrumentality thereof, for its general constituency, the certifi cation need only state that such facility is necessary for the public wel fare; provided, further, that for the purposes of this Subparagraph, the term 'sewage disposal facility' means any property used for the collec tion, storage, treatment, utilization, processing, or final disposal of sew age; for the purposes of this Subparagraph, the term 'solid waste disposal facility' means any property used for the collection, storage, treatment, utilization, processing, or final disposal of solid waste; for the purposes of this Subparagraph, the term 'solid waste' means garbage, refuse, or other discarded solid materials, including solid waste materials resulting from industrial and agricultural operations and from community activities but does not include solids or dissolved materials in domestic sewage or other 1656 JOURNAL OF THE SENATE significant pollutants in water resources, such as salt, dissolved of sus pended solids in industrial waste-water effluents, and dissolved materials in irrigation return flows; and for the purposes of this subparagraph, the word 'garbage' includes putrescible wastes, including animal and vegeta ble matters, animal offal and carcasses, and recognizable industrial by products but excludes sewage and human wastes; and the word 'refuse' includes all nonputrescible wastes." in its entirety and by substituting therefor a new Subparagraph 5(b) of Par agraph D to read as follows: "D. . .(5)(b) Among the projects which the Authority may under take shall be the power to finance the acquisition, construction, improve ment, or modification of any property, real or personal, used as or in connection with a sewage disposal facility or a solid waste disposal facil ity which any federal, state, or local agency having jurisdiction in the premises shall have certified as necessary for the continued operation of the industries which the same is to serve and which is necessary for the public welfare, provided that if such facility is to be operated by a politi cal subdivision of this state or an agency or instrumentality thereof, for its general constituency, the certification need only state that such facililty is necessary for the public welfare; provided, further, that for the purposes of this subparagraph, the term 'sewage disposal facility' means any property used for the collection, storage, treatment, utilization, processing, or final disposal of sewage; for the purposes of this subpara graph, the term 'solid waste disposal facility' means any property used for the collection, storage, treatment, utilization, processing, or final dis posal of solid waste; for the purposes of this subparagraph, the term 'solid waste' means garbage, refuse, or other discarded solid materials, including solid waste materials resulting from industrial and agricultural operations and from community activities but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as salt, dissolved or suspended solids in industrial waste-water effluents, and dissolved materials in irrigation return flows; and for the purposes of this subparagraph, the word 'garbage' includes putrescible wastes, including animal and vegetable matters, animal offal and carcasses, and recognizable industrial by-products but excludes sew age and human wastes; and the word 'refuse' includes all nonputrescible wastes." (e) Striking Subparagraph 5(c) of Paragraph D which reads as follows: "D. . .(5)(c) Among the projects which the Authority may under take shall be the power to acquire, construct, improve or modify any property, real or person or both, used as a peak shave facility. 'Peak shave facility' shall have the meaning generally accepted and understood in the natural gas distribution industry as that term is generally under stood to describe a storage facility for the purpose of avoiding undesir able consequences in the distribution system during peak periods of consumption." in its entirety and by substituting therefor a new Subparagraph 5(c) of Par agraph D to read as follows: FRIDAY, FEBRUARY 25, 1983 1657 "D. . .(5)(c) Among the projects which the Authority may under take shall be the power to finance the acquisition, construction, improve ment, or modification of any property, real or personal or both, used as a peak shave facility, provided that 'peak shave facility' shall have the meaning generally accepted and understood in the natural gas distribu tion industry as that term is generally understood to describe a storage facility for the purpose of avoiding undesirable consequences in the dis tribution system during peak period of consumption; and any project in volving a 'peak shave facility' may be undertaken as otherwise provided in this Amendment;" (0 Striking Subparagraph 5(d) of Paragraph D which reads as follows: "D. . .5(d) Among the projects which the Authority may under take shall be the power to acquire, construct, lease, improve, modify any facilities and any property, real or personal or both, useful or necessary in the transportation of persons or property by air, provided that such projects shall not include the creation of airports or airport terminal fa cilities or improvements thereon, except as incidentally related to the fur nishing of transportation of persons or property by air as provided in this subparagraph; such projects may include, but shall not be limited to air craft, aircraft maintenance and reconditioning equipment, aircraft, com munications equipment and facilities for the maintenance and repair of such equipment, ground support equipment and facilities used by air craft, any necessary or useful real or personal property or rights to such property, all licenses, storage facilities including storage and distribution facilities for fuel, and the acquisition, modernization, or expansion of ex isting facilities or systems for transportation of persons or property by air, all as determined by the Authority, which determination shall be final and not subject to review; such projects for the transportation of persons or property by air are authorized to assist state and local govern ments to secure adequate systems of transportation of passengers for hire as authorized by law and for the development of trade, commerce, indus try, and employment opportunities; and such projects for the transporta tion of persons or property by air may be undertaken to the same extent and on the same conditions as otherwise provided in this amendment for other facilities, except that such projects may be authorized only for air transportation systems which are not eligible to receive subsidies from the federal government at the time the project is undertaken, only where the corporate headquarters, the general maintenance, repair, support, and communication facilities, the general reservations, scheduling, and dispatch facilities, and the personal residence of the majority of the em ployees are all located within the geographic jurisdiction of the Author ity, and only if the aircraft are routinely dispatched from and returned to the geographic jurisdiction of the Authority, provided that the operation of flight equipment and incidental ground support facilities and equip ment and the location of employees of such a project outside of the geo graphic jurisdiction of the Authority shall not be prohibited if the condi tions specified in this subparagraph are met; and provided, further, that no city, county, political subdivision, or any development authority may ever operate any such facility and the same must be acquired and oper ated by a private company or individual who shall guarantee the repay ment of any obligations assumed, who shall be fully responsible for all 1658 JOURNAL OF THE SENATE operating expenses and losses, and who shall be taxable as any other pri vate undertaking would be." in its entirety and by substituting therefor a new Subparagraph 5(d) to read as follows: "D. . .5(d) Among the projects which the Authority may under take shall be the power to finance the acquisition, construction, leasing, improvement, or modification of any facilities and any property, real or personal or both, useful or necessary in the transportation of persons or property by air, provided that such projects shall not include the creation of airports or airport terminal facilities or improvements thereon, except as incidentally related to the furnishing of transportation of persons or property by air as provided in this subparagraph; such projects may in clude, but shall not be limited to aircraft, aircraft maintenance and re conditioning equipment, aircraft communications equipment and facili ties for the maintenance and repair of such equipment, ground support equipment and facilities used by aircraft, any necessary or useful real or personal property or rights to such property, all licenses, storage facilities including storage and distribution facilities for fuel, and the acquisition, modernization, or expansion of existing facilities or systems for transpor tation of persons or property by air, all as determined by the Authority, which determination shall be final and not subject to review; such projects for the transportation of persons or property by air are author ized to assist state and local governments to secure adequate systems of transportation of passengers for hire as authorized by law and for the development of trade, commerce, industry, and employment opportuni ties; and such projects for the transportation of persons or property by air may be undertaken to the same extent and on the same conditions as otherwise provided in this amendment for other facilities, except that such projects may be authorized only for air transportation systems which are not eligible to receive subsidies from the federal government at the time the project is undertaken, only where the corporate headquar ters, the general maintenance, repair, support, and communication facili ties, the general reservations, scheduling, and dispatch facilities, and the personal residence of the majority of the employees are all located within the geographic jurisdiction of the Authority, and only if the aircraft are routinely dispatched from and returned to the geographic jurisdiction of the Authority, provided that the operation of flight equipment and inci dental ground support facilities and equipment and the location of em ployees of such a project outside the geographic jurisdiction of the Au thority shall not be prohibited if the conditions specified in this subparagraph are met; and provided, further, that no city, county, politi cal subdivision, or any development authority may ever operate any such facility and the same must be acquired and operated by a private com pany or individual who shall guarantee the repayment of any obligations assumed, who shall be fully responsible for all operating expenses and lboes.s"es, and who shall be taxable as any other private undertaking would (g) Striking Subparagraph 5(e) of Paragraph D which reads as follows: "D. . .5(e) Among the projects which the Authority may under- FRIDAY, FEBRUARY 25, 1983 1659 take shall be the power to acquire, construct, design, engineer, improve, lease, maintain, modify, rebuild and repair any facilities and any prop erty utilized in connection with a community antenna television system, or any combination of the foregoing, including all necessary or useful land or rights in land and all necessary or useful furnishings, machinery, vehicles, equipment and parking facilities, all as determined by the Au thority, which determination shall be final and not subject to review. Such projects are authorized to promote the expansion and development of the cable communications industry and to enhance employment oppor tunities throughout Spalding County and to encourage local origination programming by community antenna television systems on one or more channels to include, but not be limited to, public access, government and education programs.:" in its entirety and by substituting therefor a new Subparagraph 5(e) of Par agraph D to read as follows: "D. . .5(e) Among the projects which the Authority may under take shall be the power to finance the acquisition, construction, design, engineering, improvement, leasing, maintaining, modification, rebuilding, and repairing of any facilities and any property utilized in connection with a community antenna television system or any combination of the foregoing, including all necessary or useful land or rights in land and all necessary or useful furnishings, machinery, vehicles, equipment, and parking facilities, all as determined by the Authority, which determina tion shall be final and not subject to review; such projects are authorized to promote the expansion and development of the cable communication industry, to enhance employment opportunities throughout this state, and to encourage local origination programming by community antenna tele vision systems on one or more channels, to include, but not be limited to, public access, government, and education programs." (h) Striking Subparagraph 5(0 of Paragraph D which reads as follows: "D. . .(0 Among the projects which the Authority may undertake shall be the power to acquire, construct, improve, or modify any prop erty, real or personal, which shall be suitable for or used as or in connec tion with: (A) Sports facilities, including private training and related office and other facilities when authorized by the governing authority of the political subdivision or municipal corporation in which the facility is to be constructed and maintained; (B) Convention or trade show facilities; (C) Airports, docks, wharves, mass commuting facilities, parking facilities, or storage or training facilities directly related to any of the foregoing; (D) Facilities for the local furnishing of electric energy or gas; (E) Facilities for the furnishing of water, if available, on reasona ble demand to members of the general public; and 1660 JOURNAL OF THE SENATE (F) Facilities for lodging and for providing meals, provided that such facilities are acquired, constructed, improved or modified in connec tion with and adjacent to sports facilities acquired, constructed, improved or modified pursuant to Subparagraph (A) above or convention or trade show facilities acquired, constructed, improved or modified pursuant to Subparagraph (B) above." in its entirety and by substituting therefor a new Subparagraph 5(f) of Par agraph D to read as follows: "D. . .(0 Among the projects which the Authority may undertake shall be the power to finance the acquisition, construction, improvement, or modification of any property, real or personal, which shall be suitable for or used as or in connection with: (i) Sports facilities, including private training and related office and other facilities when authorized by the governing authority of the political subdivision or municipal corporation in which the facility is to be constructed and maintained; (ii) Convention or trade show facilities; (iii) Airports, docks, wharves, mass commuting facilities, parking facilities, or storage or training facilities directly related to any of the foregoing; (iv) Facilities for the local furnishing of electric energy or gas; (v) Facilities for the furnishing of water, if available, on reasona ble demand to members of the general public; and (vi) Hotel and motel facilities for lodging which also may provide meals, provided that such facilities are constructed in connection with and adjacent to convention, sports, or trade show facilities." (i) Striking Subparagraph 5(g) of Paragraph D which reads as follows: "D. . .5(g) Among the projects which the Authority may under take shall be the power to acquire or develop land as the site for an industrial park. For purposes of the preceding sentence, the term 'devel opment of land' includes the provision of water, sewage, drainage, or sim ilar facilities, or of transportation, power, or communication facilities, which are incidental to use of the site as an industrial park but, except with respect to such facilities, does not include the provision of structures or buildings, cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued under the provisions hereunder." in its entirety and by substituting therefor a new Subparagraph 5(g) of Par agraph D to read as follows: "D. . .5(g) Among the projects which the Authority may under take shall be the power to finance the acquisition or development of land as the site for an industrial park, provided that for purposes of this sub- FRIDAY, FEBRUARY 25, 1983 1661 paragraph, the term 'development of land' includes the provision of water, sewage, drainage, or similar facilities or transportation, power, or communication facilities which are incidental to use of the site as an in dustrial park but, except with respect to such facilities, does not include the provision of structures or buildings." (j) Striking Subparagraph 5(h) of Paragraph D which reads as follows: "D. . .5(h) Among the projects which the Authority may under take shall be the power to acquire, construct, lease, or finance (i) an of fice building facility and related real and personal property for use by any business enterprise which will further the development of trade, com merce, industry, or employment opportunities in Spalding County and which will be adjacent to or used in conjunction with any other existing or proposed project now or hereafter defined in this subsection (e) (which existing or proposed project shall be located within the area of operation of the Authority and which is used or intended to be used by such busi ness enterprise), or (ii) a separate office building facility and related real and personal property for use by any business enterprise which will fur ther the development of trade, commerce, industry, or employment op portunities in Spalding County. No such office building facility as herein defined shall be undertaken by the Authority unless the Authority shall have determined that the business enterprise to use such facility will be the primary tenant." in its entirety and by substituting therefor a new Subparagraph 5(h) of Par agraph D to read as follows: "D. . .5(h) Among the projects which the Authority may under take shall be the power to finance the acquisition, construction, or leasing of: (i) An office building facility and related real and personal property for use by any business enterprise which will further the development of trade, commerce, industry, or employment opportunities in this state and which shall be adjacent to or used in conjunction with any other existing or proposed project defined in this paragraph, which existing or proposed project is located within the area of operation of the Authority and which is used or intended to be used by such business enterprise; or (ii) A separate office building facility and related real and personal property for use by any business enterprise which will further the devel opment of trade, commerce, industry, or employment opportunities in this state; No such office building facility as defined in this Subparagraph shall be undertaken by the Authority unless the Authority determines that the business enterprise to use such facility will be the primary tenant." (k) Striking Subparagraph 5(i) of Paragraph D which reads as follows: "D. . .5(i) Among the projects which the Authority may under take shall be the power to use any one or more buildings or structures for the purpose of skilled nursing home or intermediate care home facilities 1662 JOURNAL OF THE SENATE subject to regulation and licensure by the Department of Human Re sources and all necessary, convenient or related interests in land, machin ery, apparatus, appliances, equipment, furnishings, appurtenances, site preparation, landscaping and physical amenities." in its entirety and by substituting therefor a new Subparagraph 5(i) of Para graph D to read as follows: "D. . .5(i) Among the projects which the Authority may under take shall be the power to finance the use of any one or more buildings or structures for the purpose of skilled nursing home or intermediate care home facilities subject to regulation and licensure by the Department of Human Resources and all necessary, convenient or related interests in land, machinery, apparatus, appliances, equipment, furnishings, appurte nances, site preparation, landscaping and physical amenities." (1) Striking Subparagraph 5(j) of Paragraph D which reads as follows: "D. . .5(1) Among the projects which the Authority may under take shall be the 'cost of project' which shall include: all costs of con struction, purchase or other form of acquisition; all costs of real or per sonal property required for the purposes of such project and of all facilities related thereto, including land and any rights or undivided in terest therein, easements, franchises, water rights, fees, permits, approv als, licenses and certificates and the securing of such franchises, permits, approvals, licenses and certificates and the preparation of applications therefor; all machinery, equipment, initial fuel and other supplies re quired for such project; financing charges, interest prior to and during construction and during such additional period as the Authority may rea sonably determine to be necessary for the placing of such project in oper ation; costs of engineering, architectural and legal services; fees paid to fiscal agents for financial and other advice or supervision; cost of plans and specifications and all expenses necessary or incidental to the con struction, purchase or acquisition of the completed project or to deter mining the feasibility or practicability of the project; administrative ex penses and such other expenses as may be necessary or incidental to the financing herein authorized. There may also be included, as part of such cost of project, the repayment of any loans made for the advance pay ment of any part of such cost, including the interest thereon at rates to be determined by the Authority which loans are hereby authorized if made payable solely from the proceeds of such Authority's bonds or notes or revenues to be received in connection with the leasing, sale or financ ing of the project. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replace ment reserve, and such other reserves as may be reasonably required by the Authority with respect to the financing and operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the pro ject and may be paid or reimbursed as such out of the proceeds of reve nue bonds or notes issued under this Act." FRIDAY, FEBRUARY 25, 1983 1663 in its entirety and by substituting therefor a new Subparagraph 5(j) of Par agraph D to read as follows: "D. . .(5)(j) Among the projects which the Authority may under take shall be the power to finance the acquisition, construction, equip ping, improvement, modification, or expanding of any property, real or personal, for use as or in connection with research and development facil ities. As used in this Subparagraph, the term 'research and development facilities' means any property used in whole or in substantial part in con ducting basic and applied research for commercial, industrial, or govern mental institutions in connection with institutions of higher education, which research is determined by the Authority to contribute to the devel opment and promotion of trade, commerce, industry, and employment opportunities for the public good and general welfare in furtherance of the purposes for which the Authority was created. The Authority's deter mination as to such matters shall be final and not subject to review." (m) Adding new Subparagraphs 5(k), 5(1), 5(m), and 5(n) to Para graph D to read as follows: "5(k) Among the projects which the Authority may undertake shall be the power to finance the acquisition, construction, leasing or equipping of new industrial facilities or improve, modify, acquire, ex pand, modernize, lease, equip, or remodel existing industrial facilities lo cated or to be located within the City of Griffin or Spalding County, Georgia. 5(1) Among the projects which the authority may undertake shall be the power to finance the acquisition, construction, improvement, or modification of any property, real or personal, which any industrial con cern might desire to use, acquire, or lease in connection with the opera tion of any plant or facility located or to be located within the City of Griffin or Spalding County, Georgia. 5(m) Also included in the projects which the Authority may un dertake in pursuance of its purpose shall be the power to finance the acquisition, construction, improvement, or modification of any property, real or personal used as air or water pollution control facilities which any federal, state, or local agency having jurisdiction in the premises shall have certified as necessary for the continued operation of the industry or industries which the same is to serve and which is necessary for the pub lic welfare, provided that for the purposes of this subparagraphs, the term 'air pollution control facility' means any property used, in whole or in substantial part, to abate or control atmospheric pollution or contami nation by removing, altering, disposing of, or storing atmospheric pollu tants or contaminants, if such facility is in furtherance of applicable fed eral, state, or local standards for abatement or control of atmospheric pollutants or contaminants; and provided, further, that for the purpose hereof, the term 'water pollution control facility' means any property used, in whole or in substantial part, to abate or control water pollution or contamination by removing, altering, disposing, or storing pollutants, contaminants, wastes, or heat, including the necessary intercepting sew ers, outfall sewers, pumping, power and other equipment, holding ponds, lagoons, and appurtenances thereto, if such facility is in the furtherance 1664 JOURNAL OF THE SENATE of applicable federal, state, or local standards for the abatement or con trol of water pollution or contamination;" "D. . .5(n) Among the projects which the Authority may under take shall be the 'cost of project' which shall include: all costs of con struction, purchase or other form of acquisition; all costs of real or per sonal property required for the purposes of such project and of all facilities related thereto, including land and any rights or undivided in terest therein, easements, franchises, water rights, fees, permits, approv als, licenses and certificates and the securing of such franchises, permits, approvals, licenses and certificates and the preparation of applications therefor; all machinery, equipment, initial fuel and other supplies re quired for such project; financing charges, interest prior to and during construction and during such additional period as the Authority may rea sonably determine to be necessary for the placing of such project in oper ation; costs of engineering, architectural and legal services; fees paid to fiscal agents for financial and other advice or supervision; cost of plans and specifications and all expenses necessary or incidental to the con struction, purchase or acquisition of the completed project or to deter mining the feasibility or practicability of the project; administrative ex penses and such other expenses as may be necessary or incidental to the financing herein authorized. There may also be included, as part of such cost of project, the repayment of any loans made for the advance pay ment of any part of such cost, including the interest thereon at rates to be determined by the Authority. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably re quired by the Authority with respect to the financing and operation of its projects and as may be authorized by any bond resolution or trust agree ment or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued under this Amendment." (n) Striking Subparagraph 6 of Paragraph D which reads: "D. . .(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking." in its entirety and substituting therefor a new Subparagraph 6 of Paragraph D to read as follows: "D. . .(6) No project acquired under the Amendment shall be op erated by the Authority. Such a project shall be leased or sold to one or more persons, firms or private corporations. If revenue bonds or other FRIDAY, FEBRUARY 25, 1983 1665 obligations are to be issued to pay all or part of the cost of the project, the project must be so leased or the contract for its sale must be entered into prior to or simultaneously with the issuance of the bonds or obliga tions. If sold, the purchase price may be paid at one time or in install ments falling due over not more than 40 years from the date of transfer of possession. The lessee, purchaser or borrower shall be required to pay all costs of operating and maintaining the leased, purchased or financed property and to pay rentals or installments in amounts sufficient to pay the principal of and the interest and premium, if any, on all of its bonds and other obligations as such principal and interest become due. Pro vided, however, that the acquisition and development of land by the Au thority as the site for an industrial park as provided in this Amendment shall not be deemed to be the operation of a project and, notwithstanding anything herein to the contrary, the Authority shall not be required to enter into a lease of such a project or a contract for its sale as a condition to the issuance of bonds or other obligations of the Authority to provide financing therefor." (o) Adding Subparagraphs 11--18 to Paragraph D to read as follows: "D. . .(11) To extend credit or make loans to any person, firm, corporation, or other industrial entity for the planning, design, construc tion, acquisition, or carrying out of any project, which credit or loans shall be secured by loan agreements, mortgages, security agreements, contracts, and all other instruments, fees, or charges, upon such terms and conditions as the Authority shall determine reasonable in connection with such loans, including provision for the establishment and mainte nance of reserves and insurance funds; and, in the exercise of powers granted by this Amendment in connection with a project for such person, firm, corporation, or other industrial entity, to require the inclusion in any contract, loan agreement, security agreement, or other instrument, of such provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a project as the Authority may deem nec essary or desirable; (12) To acquire, by purchase, gift, or construction, any real or per sonal property desired to be acquired as part of any project or for the purpose of improving, extending, adding to, reconstructing, renovating, or remodeling any project or part thereof already acquired or for the pur pose of demolition to make room for such project or any part thereof; (13) To mortgage, convey, pledge, or assign any properties, reve nues, income, tolls, charges, or fees owned or received by the Authority; (14) To acquire, accept, or retain equitable interests, security in terest, or other interest in any property, real or personal, by mortgage, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer, in order to secure the repayment of any moneys loaned or credit extended by the Authority; (15) To construct, acquire, own, repair, remodel, maintain, extend, improve, or equip projects located on land or leased by the Authority or land owned or leased by others and to pay all or part of the cost of any such project from the proceeds of revenue bonds of the Authority or from 1666 JOURNAL OF THE SENATE any contribution or loans by persons, firms, or corporations or any other contribution, all of which the Authority is authorized to receive, accept, and use; (16) As security for repayment of Authority obligations, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any prop erty, real or personal, or such Authority and to execute any trust agree ment, indenture, or security agreement containing any provision not in conflict with law, which trust agreement, indenture, or security agree ment may provide for foreclosure or forced sale of any property of the Authority upon default, on such obligations, either in payment of princi pal or interest or in the performance of any term or condition, as are contained in such agreement or indenture. The State of Georgia, on be half of itself and each county, municipal corporation, political subdivi sion, or taxing district therein, waives any right which it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the forced sale or foreclosure of any property of the Authority so mortgaged or encumbered, and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof; (17) To contract with any county or municipal corporation in the state; and any county or municipal corporation in the state is empowered to contract with the Authority to furnish air transportation services where such service is not otherwise in existence; (18) To sell, lease, exchange, transfer, assign, pledge, mortgage, dispose of, or grant options for any real or personal property or interest therein for any such purposes." (p) Striking Paragraph E which reads: "E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Spalding County or City of Griffin." in its entirety and substituting therefor a new Paragraph E to read as follows: "E. No bonds or other obligations of and no indebtedness incurred by the Authority shall constitute an indebtedness or obligation of the State of Georgia or of any county, municipal corporation, or political subdivision thereof, nor shall any act of the Authority in any manner constitute or result in the creation of an indebtedness of this state or of any such county, municipal corporation, or political subdivision. All such bonds and obligations shall be payable solely from the revenues therein pledged to such payment, including pledged rentals, sales proceeds, insur ance proceeds, and condemnation awards; and no holder or holders of any such bonds or obligations shall ever have the right to compel any exercise of the taxing power of this state of any county, municipal corpo ration, or political subdivision thereof, nor to enforce the payment thereof against any property of the state or of any such county, municipal corpo ration, or political subdivision." (q) Striking Paragraph F which reads: FRIDAY, FEBRUARY 25, 1983 1667 "F. The members of the Authority shall receive no compensation for their services to the Authority;" in its entirety and substituting therefor a new Paragraph F to read as follows: "F. The members of the Authority shall receive no compensation for their services to the Authority, but shall be reimbursed for their ac tual expenses incurred in the performance of their duties." (r) Striking Paragraph G which reads as follows: "G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761) as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any law ful debt of the Authority. The Authority may execute any trust agree ment or indenture not in conflict with the provisions of this amendment to provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exer cise of the taxing power of Spalding County or the City of Griffin, to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Spalding County or the City of Griffin." in its entirety and by substituting therefor a new Paragraph G to read as follows: "G. (1) The obligations of the Authority evidenced by bonds, bond anticipation notes, trust indentures, deeds to secure obligations, security agreements, or mortgages executed in connection therewith may contain such provisions not inconsistent with law as shall be determined by the board of directors of the Authority. The Authority, in such instruments, may provide for the pledging of all or any part of its revenues, income, or charges and for the mortgaging, encumbering, or conveying of all or any part of its real or personal property; may covenant against pledging any or all of its revenues, income, or charges; and may further provide for the disposition of proceeds realized from the sale of any bonds and bond an ticipation notes, for the replacement of lost, destroyed, stolen, or muti lated bonds and bond anticipation notes, and for the payment and re demption of such bonds and bond anticipation notes. Undertakings of the Authority may prescribe the procedure by which bondholders and note holders may enforce rights against the Authority and may provide for rights upon breach of any covenant, condition, or obligation of the Au thority; and bonds, resolutions, trust indentures, mortgages, or deeds to secure obligations executed by the Authority and bond anticipation notes 1668 JOURNAL OF THE SENATE executed by the Authority may contain such provisions not otherwise contrary to law as the Authority shall deem necessary or desirable. (2) The proceeds derived from the sale of all bonds and bond an ticipation notes issued by the Authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this Amendment, all or part of the cost of any project, including the cost of extending, financing, adding to, or improving the project, for the purpose of refunding any bond anticipation notes issued in accordance with this Amendment or refunding any previously issued bonds of the Authority. (3) All bonds and bond anticipation notes issued by the Authority shall be revenue obligations of the Authority and may be made payable out of any revenues or other receipts, funds, or moneys of the Authority, subject only to any agreements with the holders of other bonds or bond anticipation notes or to particular security agreements pledging any par ticular revenues, receipts, funds, or moneys. (4) Issuance by the Authority of one or more series of bonds or bond anticipation notes for one or more purposes shall not preclude it from issuing other bonds or notes in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds or bond anticipation notes are issued shall recognize and protect any prior pledge or mortgage made in any prior security agreement or made for any prior issue of bonds or bond anticipation notes, unless in the resolution authorizing such prior issue the right is expressly reserved to the Authority to issue subsequent bonds or bond anticipation notes on a parity with such prior issue. (5) The Authority shall have the power and is authorized, when ever revenue bonds of the Authority have been validated as provided in this Amendment, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew, from time to time, any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The Authority may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the Authority may sell such notes at public or private sale. Any resolution or resolu tions authorizing notes of the Authority or any issue thereof may contain any provisions which the Authority is authorized to include in any resolu tion or resolutions authorizing bonds of the Authority or any issue thereof; and the Authority may include in any notes any terms, cove nants, or conditions which it is authorized to include in any bonds. Vali dation of such bonds shall be a condition precedent to the issuance of the notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued. (6) The interest rate on or rates to be borne by any bonds, notes, or other obligations issued by the Authority shall be fixed by the Author ity. The Authority shall have the power to delegate the power to set the interest rate, within stated parameters, to any person, firm or institution chosen by the Authority. Any limitations with respect to interest rates FRIDAY, FEBRUARY 25, 1983 1669 found in Article 3 of Chapter 82 of Title 36 of the Official Code of Geor gia Annotated shall not apply to obligations issued under this Amendment. (7) All revenue bonds issued by the Authority under this Amend ment shall be issued and validated under and in accordance with Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, except as provided in subsection G(6) of this Amendment and except as specifically set forth below: (i) Revenue bonds issued by the Authority may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any inden ture or trust agreement may provide; (ii) Revenue bonds shall bear a certificate of validation. The signa ture of the clerk of the superior court of Spalding County may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be re ceived as original evidence in any court in this state; (iii) The notice of the district attorney or the Attorney General and the notice to the public of the time, place, and date of the validation hearing need not state the rate of interest the bonds will bear; (iv) The term 'cost of project' shall have the meaning prescribed in Paragraph D, subparagraph 5(k) of this Amendment whenever referred to in bond resolutions of this Authority, bonds and bond anticipation notes issued by the Authority or notices and proceedings to validate such bonds." (s) Striking Paragraph H which reads as follows: "H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in es crow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings." in its entirety and by substituting therefor a new Paragraph H to read as follows: "H. The purposes of this Amendment are to develop and promote trade, commerce, industry, and employment opportunities, for the public good and the general welfare, and to promote the general welfare of the state and to reduce unemployment to the greatest extent possible within Spalding County and the City of Griffin. No bonds or bond anticipation notes, except refunding bonds, shall be issued by the Authority under this Amendment unless the Authority adopts a resolution finding that the project for which such bonds or notes are to be issued will promote the foregoing objectives. Notwithstanding the foregoing requirement: 1670 JOURNAL OF THE SENATE (1) Bonds or bond anticipation notes may be issued to finance projects for air and water pollution control facilities and for sewage and solid waste disposal facilities, as provided in this Amendment, without a finding that the project will increase or maintain employment, so long as the appropriate certification described in this Amendment has been se cured from the federal, state, or local agency having jurisdiction in the premises; and (2) Bonds or bond anticipation notes may also be issued by the Authority to finance the acquisition or development of land as the site for an industrial park as provided in this Amendment without a finding that the project will increase or maintain employment if the Authority shall adopt a resolution finding that the tract of land to be included in the project is not intended for use by a single enterprise; will be suitable primarily for use as building sites for a group of enterprises engaged in industrial, distribution, or wholesale businesses; and that either: (a) The control and administration of the tract is to be vested in the Authority or in another county or municipal or joint county and mu nicipal development authority (or in a corporation organized under the Georgia Nonprofit Corporation Code) having as one of its purposes the development of trade, commerce, industry, and employment opportuni ties; or (b) The uses of such tract of land are to be regulated by protective restrictions to be approved by the Authority and determined by the Au thority to be appropriate to encourage and facilitate use thereof by busi ness enterprises engaged in industrial, distribution, or wholesale businesses." (t) Striking Paragraph I which reads as follows: "I. No bonds except refunding bonds shall be issued hereunder un less the Authority shall have found and declared that: (1) The undertaking for which the bonds are to be issued will in crease employment in Spalding County and in the City of Griffin. (2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said county or in said city, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia." in its entirety and by substituting therefor a new Paragraph I to read as follows: "I. The Authority may make by-laws and regulations for its gov ernance and may delegate to one or more of its officers, agents, and em ployees such powers and duties as may be deemed necessary and proper. The Authority shall have perpetual existence." (u) Striking Paragraph J which reads as follows: "J. Except as may be agreed upon from time to time by the Au thority and the respective governing Boards of Commissioners of the City FRIDAY, FEBRUARY 25, 1983 1671 of Griffin and County of Spalding, no moneys derived by the Authority from any source other than gifts and contributions from private individu als, firms or corporations shall at any time be used for entertainment, or other promotional expenses." in its entirety and by substituting therefor a new Paragraph J to read as follows: "J. This Amendment shall be liberally construed to effect the pur poses hereof, and insofar as this Amendment may be inconsistent with the provisions of any other law, including the charter of any municipal corporation, this Amendment shall be controlling. The sale or issuance of bonds by the Authority shall not be subject to regulation under Chapter 5 of Title 10, the 'Georgia Securities Law,' or any other law. No pro ceeding or publication not required in this Amendment shall be necessary to the performance of any act authorized in this Amendment, nor shall any such act be subject to referendum." (v) Striking Paragraph K which reads as follows: "K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Author ity at the time of such dissolution shall revert to the City of Griffin, sub ject to any mortgages, liens, leases, or other encumbrances outstanding against or in respect to said property at that time." in its entirety and by striking Paragraph L which reads as follows: "L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Spalding County and the City of Griffin and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the ac complishment of these purposes." in its entirety and by renumbering Sections M and N as Sections K and L respectively. Section 2. Any project commenced prior to the effective date of this Act may be completed by the Authority hereunder, and Authority members appointed pursuant to this Act shall have full power and authority to take all actions necessary or appropriate to complete all previously commenced projects according to their terms according to the constitutional Amendment creating the Griffin-Spalding County Development Authority as originally ratified or as now amended; nevertheless, all projects commenced after the effective date of this Act shall be in accordance with the constitutional Amendment creating the Griffin-Spalding County Development Authority as now amended. 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. 1672 JOURNAL OF THE SENATE Senator Cobb of the 28th offered the following amendment: Amend the substitute to SB 288 offered by the Senate Committee on Federal, State and Community Affairs as follows: By striking on Page 21, line 15, the following: "(1)", and inserting in lieu thereof the following: "(j)". On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 50, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. 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. The Senate Federal, State, and Community Affairs Committee offered the follow ing substitute to HB 615: A BILL TO BE ENTITLED AN ACT To amend an Act placing the clerk of the superior court and the pro bate judge of Hart County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2285), as amended, so as to provide for the compensation of the probate judge; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the clerk of the superior court and the pro- FRIDAY, FEBRUARY 25, 1983 1673 bate judge of Hart County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2285), as amended, is amended by striking Section 3 of said Act in its entirety and inserting in lieu thereof a new Section 3 to read as follows: "Section 3. The judge of the probate court shall receive an annual salary in the same amount as that provided for the sheriff of Hart County pursuant to Code Section 15-16-20 of the O.C.G.A., relating to minimum annual salaries for sheriffs, as now or hereafter amended. This salary shall be payable in equal monthly installments from the funds of Hart County." Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 50, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 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 councilmen; to provide for a change in the elections. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. 1674 JOURNAL OF THE SENATE 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 clarify the definition of the term "project"; to clarify the powers of the authority. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Bryant of the 3rd moved that SB 294 be immediately transmitted to the House. On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 294 was immediately transmitted to the House. HB 409. By Representatives Lee, Benefield, and Johnson 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. The report 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 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. FRIDAY, FEBRUARY 25, 1983 1675 On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. The report 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 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. The report 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 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. The report 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. 1676 JOURNAL OF THE SENATE 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. The report 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 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. The President called for the morning roll call and the following Senators answered to their names: Allgood Barker Barnes Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coleman Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd 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 FRIDAY, FEBRUARY 25, 1983 1677 Those not answering were Senators: Bond Coggin Land Broun of 46th Coverdell Senator Engram of the 34th introduced the chaplain of the day, Reverend Don Smith, pastor of the First Presbyterian Church of Peachtree City, Peachtree City, Georgia, who offered scripture reading and prayer. The following resolution of the Senate was read and adopted: SR 179. By Senators Kennedy of the 4th, Timmons of the llth and Cobb of the 28th: A resolution commending the Georgia State Patrol Aviation Unit for receiv ing the Hughes Law Enforcement Award. SENATE RULES CALENDAR Friday, February 25, 1983 THIRTY-SIXTH LEGISLATIVE DAY HB 327 HB 209 HB 627 HB 492 HB 249 HB 399 HB 245 HB 287 HB 366 HR 154 HB 645 Administrative Procedure Act--agency includes Board and Depart ment of Education (SUBSTITUTES) (Gov Op--25th) Tenancy in Common--interests in property to be partitioned (SUB STITUTE) (J&CL--33rd) Airports Owned, Operated by City, County--licenses for sale of alco holic beverages (SUBSTITUTE) (B&F--44th) Lands Leased by Counties, Cities--to Private Parties--not for public purposes (FS&CA-G--44th) Ticket Scalping--change amount charged by ticket agents (AMEND MENT) (Judy--42nd) Medical Examiners Board--immunity when investigating licensee (Hum R--42nd) Bad Checks--change certain penalties (AMENDMENT) (Gov Op--30th) Manufactured Home Licenses--change in manufacturing fees (SUB STITUTE) (ED&T--10th) Nonprofit Contractors--annual audit reports to state agencies (I&L--12th) Baldwin County--conveyance of certain state owned property (Pub U--25th) Home Buyer Submitting Dishonored Check--retail installment con tract fee (I&L--19th) 1678 JOURNAL OF THE SENATE SR 119 HB 129 HB 551 HB 507 HB 10 Mental Health and Mental Retardation Study Committee--create (Hum R--25th) Scoliosis--screen public school children (AMENDMENT) (Hum R--42nd) Hospital Liens--nursing home care, treatment, services (Hum R--52nd) Hospitals--staff membership, privileges to certain psychologists (Hum R--33rd) Terminally 111 Indigent, Elderly--program of care (Hum R--42nd) 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 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. Senate Sponsor: Senator Kidd of the 25th. The Senate Committee on Governmental Operations offered the following substi tute on HB 327: A BILL TO BE ENTITLED AN ACT 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 for the purpose of making the "Georgia Administrative Procedure Act" applicable to the State Board of Education and the State Department of Education relative to the adoption of rules and regulations; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 50-13-2 of the Official Code of Georgia An notated, relating to definitions under the "Georgia Administrative Procedure Act," is amended by adding at the end of paragraph (1) a new undesignated paragraph to read as follows: FRIDAY, FEBRUARY 25, 1983 1679 "It is specifically provided that the word 'agency' means and in cludes the State Board of Education and the State Department of Educa tion for the purpose of making the provisions of this chapter relative to the adoption of rules and regulations applicable to the State Board of Education and the State Department of Education. Rules and regulations of the State Board of Education and the State Department of Education shall be adopted in accordance with the procedures and requirements of this chapter as a condition precedent to any such rule or regulation be coming effective or having any force and effect." 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 of 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 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. Senators Dawkins of the 45th, Starr of the 44th and Dean of the 31st offered the following substitute to HB 327: A BILL TO BE ENTITLED AN ACT To amend Chapter 13 of Title 50 of the Official Code of Georgia Anno tated, the "Georgia Administrative Procedure Act," so as to provide that neither the State Board of Education, the State Department of Education, any state agency, nor any other officer or body of this state which has the power to adopt rules or regulations shall adopt or seek to enforce certain rules or regulations relative to private elementary and secondary schools; 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. Chapter 13 of Title 50 of the Official Code of Georgia An notated, the "Georgia Administrative Procedure Act," is amended by ad ding a new Code Section 50-13-23 to read as follows: "50-13-23. (a) Neither the State Board of Education, the State Department of Education, any state agency, nor any other officer or body of this state which has the power to adopt rules or regulations shall adopt or seek to enforce any rule or regulation to license, permit, accredit, set standards for, define, or otherwise regulate any private elementary or 1680 JOURNAL OF THE SENATE secondary schools. The following matters are expressly excepted from the operation of this Code section, but this Code section shall not be con strued to except any matters covered by its express terms other than the following exceptions: (1) Rules or regulations relating to immunization as authorized by Code Section 20-2-771; (2) Rules or regulations relating to building standards or fire safety, which rules or regulations apply equally to buildings used for schools and similar buildings which are used for other purposes and which rules or regulations do not classify buildings used for private schools separately from similar buildings used for other purposes. (b) Any rule or regulation adopted in violation of this Code section shall be void." Section 2. This Act shall become effective on July 1, 1983. Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Garner of the 30th offered the following amendment: Amend the substitute to HB 327 offered by Senators Dawkins of the 45th, Starr of the 44th and Dean of the 31st by renumbering Sections 2 and 3 as Sections 3 and 4 and adding a new Section 2 to read as follows: "Section 2. The Department of Agriculture and the Georgia De partment of Labor shall be exempt from the provisions of the Georgia Administrative Procedure Act." Senator Kidd of the 25th moved the previous question. On the motion, the yeas were 31, nays 2; the motion prevailed, and the previous question was ordered. On the adoption of the amendment offered by Senator Garner of the 30th, the yeas were 2, nays 39, and the amendment was lost. On the adoption of the substitute to HB 327 offered by the Senate Committee on Governmental Operations, the yeas were 0, nays 43, and the committee substitute was lost. On the adopton of the substitute to HB 327 offered by Senators Dawkins of the 45th, Starr of the 44th and Dean of the 31st, the yeas were 42, nays 5, and the substi tute was adopted. FRIDAY, FEBRUARY 25, 1983 1681 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: Barker Barnes Bowen Brannon 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 Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Thompson Timmons Trulock Turner Tysinger Walker Those voting in the negative were Senators: Brantley Coverdell Hine Perry Stumbaugh Tate Not voting were Senators Allgood and Bond. On the passage of the bill, the yeas were 48, nays 6. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Kennedy of the 4th moved that the Senate Rules Calendar for today be changed by adding HB 189 to the Calendar at a position immediately after HB 249. The President referred the motion to the Senate Committee on Rules. The President announced that the Senate would stand in recess for five minutes. The President called the Senate to order at 11:20 A.M. 1682 JOURNAL OF THE SENATE The following report of a standing committee was read by the Secretary: Mr. President: The Committee on Rules has had under consideration the following motion of the Senator from the 4th to change the Rules Calendar for February 25, 1983, by adding HB 189 after HB 249, and has instructed me to report the same back to the Senate with the following recommendation: That said motion be adopted. Respectfully submitted, Senator Dean of the 31st District, Chairman On the motion offered by Senator Kennedy of the 4th to change the Senate Rules Calendar for today, the yeas were 32, nays 0; the motion prevailed, and HB 189 was placed on the Senate Rules Calendar immediately after HB 249. The following bills of the Senate were taken up for the purpose of considering the House substitutes thereto: 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 House substitute to SB 204 was as follows: A BILL TO BE ENTITLED AN ACT 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; to provide additional legislative findings; to provide for duties of the commission; to prohibit certain land and water use; to provide exceptions; to delete certain requirements on applications for cer tificates; to provide for the powers of the commission with regard to certain land and water use activities; to provide for powers of local governing au thorities with regard to certain land and water use activities; to provide for procedures; to provide criteria for applying minimum standards for certifi cates and recommendations; to provide for appeals; to delete provisions pro viding for local option coverage; to provide for exceptions; to provide for enforcement; to require certain action by local governing authorities; to pro vide for enforcement by the state under certain conditions; to provide proce- FRIDAY, FEBRUARY 25, 1983 1683 dures; to preserve certain powers; to provide for other matters relative thereof; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 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, is amended by striking Code Section 12-5-441, relating to definitions, in its entirety and inserting in lieu thereof a new Code Section 12-5-441 to read as follows: "12-5-441. As used in this part, the term: (1) 'Applicant' means any person who requests the issuance of a certificate under this part. (2) 'Area' means a standard metropolitan statistical area recog nized by the United States Department of Commerce, Bureau of the Census, and as set forth in Appendix C, County and City Data Book 1977: A Statistical Abstract Supplement, U. S. Department of Com merce, Bureau of the Census, which is located wholly within the State of Georgia and having a population of more than 1,000,000 according to the United States decennial census of 1970 or any future such census. (3) 'Board' means the Board of Natural Resources. (4) 'Certificate' means a building permit or other written authori zation issued under this part and shall include, as a part thereof, the application and all documents supplied in support thereof and the ap proval by the governing authority together with any conditions thereto. (5) 'Commission' means the area planning and development com mission or metropolitan area planning and development commission cre ated for any county or group of counties included in each such area pur suant to the authority contained in Article 2 or 4, respectively, of Chapter 8 of Title 50. (6) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (7) 'Flood plain' means that area adjacent to a major stream which is subject to being flooded with a probable frequency of at least once every 100 years. The commission shall delineate the flood plain and in doing so may utilize or adopt studies prepared by the Corps of Engi neers, United States Army, or such other studies as the commission deems competent. (8) 'Governing authority' means the governing authority of a polit ical subdivision or, except for the purposes of paragraph (2) of subsection (c) of Code Section 12-5-445, a committee of such governing authority. (9) 'Impoundment' means any body of water, formed by a dam, which is less than 25,000 acres in size. (10) "Land-disturbing activity' means scraping, plowing, clearing, 1684 JOURNAL OF THE SENATE dredging, grading, excavating, transporting, or filling of land or place ment of any structure or impervious surface, dam, obstruction, or deposit. (11) 'Major stream' means any stream or river, whether navigable or nonnavigable, which flows through any area and which is the source of at least 40 percent of the public water supply of any such area. (12) 'Person' means any individual, partnership, corporation, trust, entity, or authority and shall include the State of Georgia, its political subdivisions, and all its departments, boards, bureaus, commissions, or other agencies. (13) 'Plan' means the comprehensive plan prepared by the com mission pursuant to Code Section 12-5-443. (14) 'Political subdivision' means a county or a municipality in which the section of the river corridor to be affected or any part thereof is located. (15) 'Public notice' means a legal notice in a newspaper of general circulation in the political subdivision at least once a week for two con secutive weeks. (16) 'Stream corridor' means all land in the area in the water course, within 2,000 feet of the watercourse, or within the flood plain, whichever is greater. (17) 'Tributary' means any flowing stream which flows into the major stream at a point which is within the stream corridor. (18) 'Watercourse' means the banks of a major stream, including any impoundments thereon, in the area as defined by the low-water mark of such stream and any impoundments and including the entire bed of such stream and any impoundments and all islands therein, from the point where the stream enters the area downstream to a line perpendicu lar across the flow of such stream at the point, within the area, which is the last downstream water supply intake location for any political subdi vision in the area." Section 2. Said part is further amended by striking subsection (b) of Code Section 12-5-442, relating to legislative intent, which reads as follows: "(b) The purpose of this part is to provide a flexible and practical method whereby political subdivisions in certain metropolitan areas may utilize the police power of the state consistently and in accordance with a comprehensive plan to protect the public water supplies of such political subdivisions and of the area and to prevent floods and flood damage, to control erosion, siltation, and intensity of development adjacent to major streams in such areas for such purposes, and to provide for comprehen sive planning for stream corridors in such areas.", and inserting in lieu thereof a new subsection (b) to read as follows: "(b) The General Assembly finds that the stream corridors of ma jor streams in certain metropolitan areas as set forth in this part are vital FRIDAY, FEBRUARY 25, 1983 1685 areas within the meaning of Article III, Section VIII, Paragraph IIIA of the Constitution of the State of Georgia of 1976 and Article III, Section VI, Paragraph II of the Constitution of the State of Georgia of 1983. The purpose of this part is to provide a method whereby political subdivi sions in certain metropolitan areas shall utilize the police power of the state, in accordance with a comprehensive plan, to protect consistently the water quality of any major stream, the public water supplies of such political subdivision and of the area, recreational values of the major stream, and private property rights of landowners; to prevent activities which contribute to floods and flood damage; to control erosion, siltation, and intensity of development; to provide for the location and design of land uses in such a way as to minimize the adverse impact of develop ment on the major stream and flood plains; and to provide for compre hensive planning for the stream corridor in such areas.", and by adding at the end of Code Section 12-5-442 a new subsection (d) to read as follows: "(d) The General Assembly intends to authorize and require polit ical subdivisions in any such area to enforce this part so as to protect the watercourse and the adjacent stream corridor. The General Assembly further intends that the state have the authority to enforce this part if the appropriate political subdivisions have failed or refused to do so and if the public interest requires it." Section 3. Said part is further amended by striking Code Section 125-443, relating to land and water use plans, generally, and inserting in lieu thereof a new Code Section 12-5-443 to read as follows: "12-5-443. The commission shall, consistent with the purposes of this part: (1) Prepare, adopt, and keep up to date a comprehensive, coordi nated land and water use plan for the stream corridor. The plan, as pre pared and approved by the commission, shall set land use criteria for flood and flood damage prevention, erosion and siltation control, water quality protection, and intensity of development in the stream corridor. The plan, as adopted by the commission, shall be transmitted to each political subdivision by June 16, 1973. The plan as adopted by the com mission for any and all land brought within the stream corridor after March 1, 1983, shall be transmitted to each political subdivision and to the director by July 1, 1983. The commission may, after hearing, utilize or adopt an existing plan or plans as the plan called for by this part. The commission may from time to time revise the plan or portions thereof, and any such revisions of the plan shall be transmitted promptly after adoption. Prior to the adoption of the plan, or of any substantial portion or any revision of the plan, the commission shall hold a public hearing on the proposed plan, or portion or revision thereof, in each county in which any land affected by the plan or, in the case of a portion or revision of the plan, in which any land affected by such portion or revision lies. The commission shall cause notice of the time and place of each such public hearing to be published once a week for two weeks in one or more news papers of general circulation in each county in which land to be affected lies. Any such land and water use plan shall be prepared in consultation 1686 JOURNAL OF THE SENATE and with assistance of the county or city governing authority where the land to be affected lies; (2) Foster and undertake such studies of water and related land resources problems in the stream corridor as are necessary in the prepa ration or revision of the plan; (3) Make such rules and regulations as may be necessary to imple ment the purposes of this part and to administer and implement this part and all rules, regulations, and orders promulgated under this part; and (4) Charge a reasonable fee to each applicant for review of any application for a certificate, which fee shall be sufficient to defray all or any portion of the administrative costs of review of the application by the commission and of the cost to the commission of monitoring and inspec tion of compliance with such certificates." Section 4. Said part is further amended by striking Code Section 125-444, relating to prohibited land and water use, generally, and inserting in lieu thereof a new Code Section 12-5-444 to read as follows: "12-5-444. (a) (1) Pending adoption of the plan by the commis sion, it shall be unlawful for any person to erect, maintain, suffer, or permit any structure, dam, obstruction, deposit, clearing, or excavation in or on the stream corridor which will adversely affect the efficiency of or restrict the capacity of the watercourse or flood plain, appreciably in crease runoff or flood heights, adversely affect the control, protection, al location, or utilization of the water and related land resources of the stream corridor, harmfully obstruct or alter the natural flow of flood wa ters, or harmfully increase erosion, siltation, or water pollution. In order to prevent undue hardship, the commission may, prior to the adoption of the plan by the commission, issue a letter or written statement signed by the executive director of the commission ruling with respect to any pro posed land or water use in any political subdivision that none of the above-listed adverse effects will occur as a result of the proposed use. Nothing in this subsection shall apply to a political subdivision that, on June 30, 1973, has in effect a flood plain ordinance and a sediment con trol ordinance. (2) Pending adoption of the plan by the commission as to any land brought within the stream corridor after March 1, 1983, it shall be un lawful for any person to engage in any land-disturbing activity in or on such land within the stream corridor which will adversely affect the effi ciency of or restrict the capacity of the watercourse or flood plain, appre ciably increase runoff or flood heights, adversely affect the control, pro tection, allocation, or utilization of the water and related land resources of the stream corridor, harmfully obstruct or alter the natural flow of flood waters, or harmfully increase erosion, siltation, or water pollution. In order to prevent undue hardship, the commission may, prior to the adoption of the plan by the commission as to any land brought within the stream corridor after March 1, 1983, issue a letter or written statement signed by the executive director of the commission, ruling with respect to any proposed land-disturbing activity in or on such land that none of the above-listed adverse effects will occur as a result of the proposed use. FRIDAY, FEBRUARY 25, 1983 1687 (b) (1) After adoption by the commission of the plan or any por tion thereof or any amendment thereto, it shall be unlawful within those areas regulated by the plan or any portion thereof or any amendment thereto for any person to engage in any land-disturbing activity in or on the stream corridor which will be incompatible or inconsistent with the plan or any portion thereof or any amendment thereto. A proposed land or water use shall be deemed to be not in compliance with the plan unless and until the governing authority of the political subdivision issues a cer tificate for the proposed use pursuant to Code Section 12-5-445. (2) The governing authority shall, before referring the application to the commission pursuant to Code Section 12-5-445, require the appli cant to furnish such detailed information on the proposed land or water use as the governing authority shall reasonably request and as required by the plan and rules and regulations adopted pursuant to this part. (3) Any land-disturbing activity shall be done strictly in accor dance with the certificate issued under this part. Any substantial change or modification of a proposed land-disturbing activity for which a certifi cate has been issued shall require a new certificate, which must be issued in accordance with the requirements of this part. (4) The governing authority shall adopt ordinances, regulations, or procedures as necessary to assure that any land-disturbing activity is con ducted in compliance with the plan and the certificate. (c) The governing authority shall give public notice of and shall hold a public hearing before issuing or denying any certificate under this Code section. The form and procedure for such hearings shall be deter mined by the governing authority involved, provided that all interested persons shall be afforded adequate notice of such hearings and an oppor tunity to be present and express their views. The information required under paragraph (2) of subsection (b) of this Code section shall be filed in final form and be available for public inspection prior to such hearing. (d) The governing authority shall delineate and clearly label the stream corridor on the zoning map and the official map of such governing authority." Section 5. Said part is further amended by striking Code Section 125-445, relating to processing and reviewing certificates, and inserting in lieu thereof a new Code Section 12-5-445 to read as follows: "12-5-445. (a) After receipt of a complete application for a certifi cate, the governing authority shall transmit to the commission a copy of such complete application and all supporting documents. (b) (1) If, from the application or from its own investigation, the commission finds that there are inconsistencies between the plan and the land-disturbing activity proposed by the application, the commission may do any one of the following: (A) Recommend modification of the application in such manner as to be consistent with the plan; 1688 JOURNAL OF THE SENATE (B) Make a finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; or (C) Recommend modification of the application in such manner that the application as so modified, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan. (2) If the commission fails to recommend modification of the ap plication within 60 days from submission of such application to the com mission and if the governing authority makes a specific finding that the application is consistent with the plan or makes a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan, the governing authority shall be deemed to have complied with this Code section and may issue the certificate. (c) In any case where the commission has recommended modifica tion of an application, the governing authority may: (1) Adopt such recommendation, incorporate it as a condition of the certificate, and issue a certificate with such conditions, in which case any land-disturbing activity under the certificate must be strictly in ac cordance with the recommendation so incorporated; (2) After making a specific finding that the application is in com pliance with the plan or a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan, override such recommendation by affirmative vote of a two-thirds' majority of the full membership of the governing body; however, such action by the governing authority is not final unless and until the gov erning authority: (A) Following the affirmative vote to override, holds a second pub lic hearing on the application and the proposed override of the commis sion's recommendation, after giving public notice and after mailing no tice to the applicant and to the commission at least five days prior to the hearing; (B) Gives full consideration to all comments made at the second public hearing; and (C) Reaffirms the vote to override the commission's recommenda tion by affirmative vote of a two-thirds' majority of the full membership of the governing authority, after again making a specific finding that the application is in compliance with the plan or a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; or (3) Request reconsideration of such recommendation by the com mission at a public hearing. FRIDAY, FEBRUARY 25, 1983 1689 If the governing authority fails to take action under either para graph (1), (2), or (3) of this subsection within 45 days after the submis sion of the recommendation of the commission to the governing author ity, the certificate shall not be issued. Where a public hearing is requested under this subsection, such public hearing shall be held by the commission within 30 days after receipt of such request. Notice stating the time and place of the public hearing shall be mailed at least five days prior to the hearing to the governing authority and to the applicant and public notice shall be given. The commission shall make its final determi nation with respect to such recommendation within 30 days after such public hearing. The request for a public hearing under this subsection may be made by the applicant or by the governing authority involved. (d) In making the finding required by subsection (b) of paragraph (2) of subsection (c) of this Code section, the commission and the gov erning authority shall follow the purposes set forth in this part and the goals set forth by the plan, as amended." Section 6. Said part is further amended by striking in its entirety Code Section 12-5-446, which reads as follows: "12-5-446. (a) In order to simplify procedures and avoid delays in the utilization of land or water resources, the commission may prereview any application for a certificate under this part upon written request for such prereview made by the applicant with the written consent of the governing authority of the political subdivision involved, or upon the written request for prereview of an application made by the governing authority of the political subdivision involved. Each such request for pre review shall be accompanied by all of the information required under paragraph (2) of subsection (b) of Code Section 12-5-444, including all information currently required by the governing authority of the political subdivision involved. The commission may, after reviewing the applica tion, make a finding that the proposed land or water use as shown in the application submitted for prereview is consistent with the plan or, if it finds that such land or water use is inconsistent with the plan, recom mend modification of the proposed land or water use in such manner that such land or water use will be consistent with the plan. The commission shall transmit its findings or recommendations with respect to the appli cation to the political subdivision involved within 60 days from the date of submission of such request for prereview. Where a request for pre review is made by an applicant, the commission may require payment by the applicant of a reasonable fee, not to exceed $50.00 for each applica tion, to defray the administrative expenses of such prereview. (b) Whenever an application for a certificate authorizing a pro posed land or water use has been prereviewed by the commission under this Code section, a certificate authorizing such land or water use shall become effective immediately upon issuance by the governing authority involved, without further review by the commission, if: (1) Where the commission has found that the proposed land or water use as shown by the application submitted to it for prereview is consistent with the plan, the land or water use as authorized by the cer tificate is substantially identical in all respects; or 1690 JOURNAL OF THE SENATE (2) Where the commission has recommended modification of a proposed land or water use in such manner that such land or water use will be consistent with the plan, the certificate authorizing the land or water use incorporates every such modification. Otherwise the certificate must be reviewed by the commission in ac cordance with Code Section 12-5-445. (c) When prereviewing an application for a certificate under this part, the commission is authorized and encouraged to consult with the governing authority of the political subdivision involved, the planning or zoning departments of such political subdivision, and other interested persons with regard to the application. Nothing in this part shall pre clude any person who is or may be an applicant for a certificate under this part, but who does not desire to use the formal prereview procedure provided by this Code section, from consulting informally with the com mission or the staff of the commission with respect to a proposed land or water use in the stream corridor; and the commission is authorized and encouraged to advise and assist every such applicant and potential appli cant with respect to compliance with the plan with the fullest extent pos sible consistent with its limitations of budget and staff.", an inserting in lieu thereof the following: "12-5-446. Reserved." Section 7. Said part is further amended by striking Code Section 125-447, relating to standards for certification, in its entirety and inserting in lieu thereof a new Code Section 12-5-447 to read as follows: "12-5-447. Every certificate issued by a governing authority and every recommendation of the commission, unless the proposed use is not harmful to the water and land resources of the stream corridor, will not significantly impede the natural flow of floodwaters, and will not result in significant land erosion, stream bank erosion, siltation, or water pollution, shall comply with the following minimum standards: (1) No land or water use shall be permitted in the flood plain; and (2) No land or water use shall be permitted within 150 horizontal feet of the watercourse." Section 8. Said part is further amended by striking Code Section 125-448, relating to appeals, in its entirety and inserting in lieu thereof a new Code Section 12-5-448 to read as follows: "12-5-448. Any person aggrieved by any final determination, cease and desist order, other order, or other final action of the commission or a governing authority under this part and who has exhausted any adminis trative remedies may take an appeal to the superior court of the county in which all or part of the land affected lies. The appeal shall be filed within 30 days from the date of the final determination, cease and desist order, other order, or other final action of the governing authority or committee of such governing authority or of the commission. Upon fail ure to file an appeal within 30 days, the decision of the governing author- FRIDAY, FEBRUARY 25, 1983 1691 ity or committee of such governing authority or of the commission shall be final. The appeal shall be heard by the judge of the superior court without a jury." Section 9. Said part is further amended by striking in its entirety Code Section 12-5-450, which reads as follows: "12-5-450. Any county in this state which is contiguous to an area and which would have land in a stream corridor if such county were in an area may, with the consent of the particular commission, elect to come under this part by resolution adopted by its governing authority. Where a county has elected to come under this part as provided in this Code section, any municipality in that county which has any territory in the stream corridor may, with the consent of the commission, elect to come under this part by resolution adopted by its governing authority.", and inserting in lieu thereof the following: "12-5-450. Reserved." Section 10. Said part is further amended by striking Code Section 125-451, relating to applicability, and inserting in lieu thereof a new Code Section 12-5-451 to read as follows: "12-5-451. This part shall not apply to the following uses: (1) Any land or water use for agriculture or animal husbandry as defined in the ordinances adopted by the governing authority, provided that a buffer of natural vegetation is maintained for a distance of 50 horizontal feet from the bank of the watercourse; (2) Ordinary maintenance and landscaping operations, except for a distance of 50 horizontal feet from the bank of the watercourse and ex cept for the removal of healthy trees over two inches diameter breast height (DBH) anywhere in the stream corridor; (3) Any land or water use or project which, on March 16, 1973, is approved, pending, or is completed, actually under construction, or which 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; provided, however, that the construction of the project is actually commenced within 36 months of March 16, 1973; otherwise, a certificate for the project must be obtained pursuant to this part; (4) (A) With regard to any land included in the stream corridor for the first time after March 1, 1983, any land or water use or landdisturbing activity: (i) Which, on March 1, 1983, is completed, under construction, fully approved by the governing authority, or for which all requests for approval of construction are pending before the governing authority; or (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- 1692 JOURNAL OF THE SENATE 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 excess 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. (B) Upon request by the owner of any land included in the stream corridor for the first time after March 1, 1983, the commission shall make a determination whether any land or water use or land-disturbing activity on such land satisfies the conditions set forth in this subsection for exclusion from application of this part. Any such request shall be accompanied by any information concerning the land or water use or land-disturbing activity as the commission may reasonably request. If the commission determines that the land or water use or land-disburbing ac tivity fails to satisfy the conditions set forth in this subsection, the com mission shall state the reasons therefor. The commission shall be author ized to delegate this authority to its executive director. If such delegation is made, any person aggrieved by any such determination of the execu tive director may appeal such determination to the commission within 30 days of the issuance of such determination; or (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." Section 11. Said part is further amended by striking Code Section 125-452, relating to violations, and Code Section 12-5-453, relating to jurisdic tion, and inserting in lieu thereof a new Code Section 12-5-452 and a new Code Section 12-5-453 to read as follows: "12-5-452. (a) If a governing authority determines that any person is violating any provision of this part, any rule or regulation adopted pur suant to this part, or the terms and conditions of any certificate issued under this part, the appropriate governing authority shall employ any one or any combination of any or all of the following enforcement methods: (1) The appropriate governing authority may issue a cease and de sist order specifying the provision of this part or the rule or the term or condition of a certificate violated and requiring the person so ordered to cease and desist from such activity and to take corrective action within a reasonable period of time as prescribed in the order. Such corrective ac tion may include, but shall not be limited to, requiring that the affected portion of the stream corridor be returned to its condition prior to the violation insofar as practical. Any such order shall become final unless the person named therein requests in writing a hearing before the gov erning authority no later than 30 days after the issuance of such order. On the basis of such hearing, the governing authority shall be authorized to continue such order in effect, to revoke the order, or to modify it; (2) Whenever the appropriate governing authority finds that an emergency exists requiring immediate action to protect the watercourse and the public interest, the governing authority may issue an emergency FRIDAY, FEBRUARY 25, 1983 1693 cease and desist order, effective immediately, reciting the existence of such an emergency and requiring that such action be taken as it deems necessary to meet the emergency. Any person against whom such order is directed shall comply therewith immediately but, on application to the governing authority, shall be afforded a hearing within five business days. On the basis of such hearing the governing authority shall be authorized to continue such order in effect, to revoke the order, or to modify it; (3) The appropriate governing authority may seek injunctive relief pursuant to subsection (b) of this Code section; or (4) The governing authority shall be authorized to delegate to a responsible official thereof the authority to issue the orders set forth in this subsection. (b) Any land-disturbing activity in violation of this part, any rule or regulation adopted pursuant to this part, or any certificate issued pur suant to this part shall be a public nuisance; and the creation and main tenance thereof may be enjoined and abated upon an action being filed by the commission, any political subdivision affected, the director, or any person. (c) Any person who violates this part or any rule or regulation adopted pursuant to this part, any certificate issued pursuant to this part, or any final cease and desist order or emergency order issued pursuant to this part may be fined a civil penalty not to exceed $1,000.00 for each acre or part thereof on which such violation occurs. Each day on which such violation exists is a separate offense. (d) The superior court having jurisdiction over an action brought pursuant to this Code section shall have the authority to require that the land within the stream corridor be restored to its original condition prior to the unauthorized land-disturbing activity, if possible and if environ mentally appropriate. If such restoration is ordered by the court and not carried out within the time limits set forth in a final court order, the governing authority shall be authorized to carry out total or partial resto ration within the stream corridor, and the person or persons responsible for the unauthorized land-disturbing activities shall be liable for the amount expended upon restoration. Such amount shall be recoverable by the governing authority in an action against such person or persons. 12-5-453. (a) On or before January 1, 1984, each governing au thority shall adopt ordinances or regulations governing use of all land which is in the drainage basin of any tributary. Such regulations and ordinances shall, at a minimum, include the following: (1) Buffer areas of adequate width as determined by local gov erning authorities along all flowing streams in the drainage basin of any tributary, in which areas there will be no land-disturbing activity; and (2) Soil erosion and sediment control regulations consistent with the 'Erosion and Sedimentation Act of 1975,' Chapter 7 of Title 12 of the Official Code of Georgia Annotated, as now or hereinafter amended. 1694 JOURNAL OF THE SENATE Requirements of the plan, other than those requirements consistent with the 'Erosion and Sedimentation Act of 1975,' shall not apply in the drainage basin of any tributary outside the stream corridor. (b) If the governing authority has failed to adopt and enforce buffer area and erosion and sediment control ordinances or regulations which effectively control erosion and sedimentation in a tributary, the commission shall give written notice to the governing authority of its in tent to request the director to undertake enforcement of erosion and sedi ment control regulations in the drainage basin of such tributary. If, after Such notice from the commission, the governing authority fails to demon strate, to the satisfaction of the commission, its intent and ability to en force buffer area and erosion and sediment control ordinances or regula tions in the drainage basis of such tributary, the commission shall request the director to assume enforcement of erosion and sediment control regu lations in the drainage basin of such tributary. (c) Upon notification by the commission of a governing authority's failure to adopt and enforce buffer area and erosion and sediment control ordinances or regulations in the drainage basin of a tributary or upon a determination by the director, after consultation with the commission, that a governing authority has failed to adopt and enforce buffer area and erosion and sediment control ordinances or regulations in the drain age basin of a tributary, the director may revoke the certification of a governing authority as an issuing authority for permits required by the 'Erosion and Sedimentation Act of 1975,' for the land within the drain age basin of such tributary." Section 12. Said part is further amended by adding at the end thereof a new Code Section 12-5-456 and a new Code Section 12-5-457 to read as follows: "12-5-456. (a) If the commission has reason to believe that any person is carrying out any land-disturbing activity in or on the stream corridor without a certificate pursuant to this part, in violation of the terms and conditions of a certificate issued pursuant to this part, or in any other respect in violation of this part, the commission shall notify the governing authority of the political subdivision in which such illegal ac tivity is taking place and shall recommend action to correct the situation. A copy of such notice to the governing authority shall be furnished to the director. If the commission has determined that the violation requires im mediate enforcement action, the notice to the governing authority shall so state. (b) If, after notice from the commission, pursuant to subsection (a) of this Code section, of a violation which requires immediate enforce ment action, a governing authority has failed to initiate an enforcement action or otherwise secure cessation of the violation within three business days of receipt of such notice, the commission shall so advise the director. (c) Upon notice from the commission pursuant to subsection (b) of this Code section of a violation of this part which requires immediate enforcement action and as to which the governing authority has failed to initiate enforcement action or otherwise secure cessation of the violation FRIDAY, FEBRUARY 25, 1983 1695 or upon a determination by the director, after consultation with the com mission, that any person is violating any provision of this part, any rule or regulation adopted pursuant to this part, or the terms and conditions of any certificate issued pursuant to this part and that the public interest requires that the state take immediate action, the director shall have the authority to employ any one or any combination of any or all of the following enforcement methods: (1) The director may issue a cease and desist order specifying the provision of this part or the rule or the term or condition of a certificate violated and requiring the person so ordered to cease and desist from such activity and to take corrective action within a reasonable period of time as prescribed in the order. Such corrective action may include, but shall not be limited to, requiring that the affected portion of the stream corridor be returned to its condition prior to the violation, insofar as practical. Any such order shall become final unless the person named therein requests in writing a hearing before a hearing officer appointed by the board no later than 30 days after the issuance of such order. Re view of such order shall be available as provided in subsection (d) of this Code section; (2) Whenever the director finds that an emergency exists requiring immediate action to protect the watercourse and the public interest, the director may issue an emergency cease and desist order, effective imme diately, reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Any person against whom such order is directed shall comply therewith imme diately but, on application to the director, shall be afforded a hearing within five business days. On the basis of such hearing, the director shall be authorized to continue such order in effect, to revoke the order, or to modify it. Review of such order shall be available pursuant to subsection (d) of this Code section; (3) The director may seek injunctive relief pursuant to subsection (b) of Code Section 12-5-452; (4) Any person who engages in any land-disturbing activity in vio lation of this part, any rule or regulation adopted pursuant to this part, any certificate issued pursuant to this part, or any final or emergency order of the director shall be subject to a civil penalty not to exceed $ 1,000.00 for each acre or part thereof on which such violation occurs. Each day on which such violation exists is a separate offense. Whenever the director has reason to believe that any person has violated this part, any rule or regulation adopted pursuant to this part, any certificate is sued pursuant to this part, or any order or emergency order issued pursu ant to this part, he may upon written request cause a hearing to be con ducted before a hearing officer appointed by the board. Upon finding that such person has violated any provision of this part, any rule or regulation adopted pursuant to this part, any certificate issued pursuant to this part, or any final cease and desist order or emergency order issued pursuant thereto, the hearing officer shall issue his decision imposing civil penalties as provided in this Code section; or (5) In administrative proceeding or in judicial proceedings, the di- 1696 JOURNAL OF THE SENATE rector may seek, among other relief, the restoration of the affected por tion of the stream corridor to its original condition prior to the unautho rized land-disturbing activity, if possible and if environmentally appropri ate. If such restoration is ordered by a final order of the Board of Natural Resources or of the superior court and not carried out within the time limit set forth in the final administrative order or final court order, the director shall be authorized to carry out such restoration, and the person responsible for the unauthorized land-disturbing activities shall be liable for the amount expended upon restoration. Such amount shall be recoverable by the director in an action against such person. (d) All hearings on and review of contested matters, orders, or other enforcement actions initiated by the director under this part shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2. The hearing and review procedure of this Code section shall be to the exclusion of all other means of hearings or review. (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, 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. 12-5-457. No provision of this part shall repeal, supersede, or pre empt any function, power, authority, duty, or responsibility assigned to the Environmental Protection Division of the Department of Natural Re sources by any other provision of this Code." Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 14. All laws and parts of laws in conflict with this Act are repealed. Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 204. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Barker Barnes Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coggin Coleman Coverdell Dawkins Deal Dean English FRIDAY, FEBRUARY 25, 1983 1697 Fincher Foster Garner GiUis 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 Starr Strumbaugh jate --, Thompson Timmons Trulock Turner Tysinger Walker Voting in the negative was Senator Peevy. Those not voting were Senators: Allgood Bond Bowen Cobb Engram On the motion, the yeas were 50, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 204. 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. The House substitue to SB 171 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 provide additional restrictions relative to qualifying with the political party or as an independent candidate for public office; to provide that candidates nominated by nomination petition shall file their no tices of candidacy by not later than the last date for filing for party nomina tion 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. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety Code Section 21-2-137, 1698 JOURNAL OF THE SENATE relating to qualifying for nomination with a political party, and substituting in lieu thereof a new Code Section 21-2-137 to read as follows: "21-2-137. No person shall qualify with any political party as a candidate for nomination to any public office when such person has quali fied for the same primary with another political party as a candidate for nomination by that party for any public office; nor shall a state executive committee or county executive committee of any political party certify any person as the candidate of that party when such person has previ ously qualified as a candidate for nomination for any public office for the same primary with another political party. No person shall file a notice of candidacy as an independent or political body candidate for any public office when such person has qualified for the same office to be filled at the same election with any political party; nor shall any person qualify with any political party when such person has filed a notice of candidacy as an independent or political body candidate for the same office to be filled at the same election." Section 2. Said title is further amended by striking in its entirety sub section (a) of Code Section 21-3-91, relating to filing notices of candidacy under the "Georgia Municipal Election Code," 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 super intendent of his municipality at least 22 but not more than 52 days prior to the election in the case of a general election and at least IS but not more than 30 days prior to the election in the case of a special election. The opening and closing dates shall, within the limitations as provided in this Code section, be as set forth in the municipal charter or, if not so specified, then by municipal ordinance. If a run-off primary is held, each candidate nominated therein or his designee shall file notice of his candi dacy with the municipal superintendent within three days after the hold ing of such primary, irrespective of such three-day period's exceeding a qualification deadline prescribed in this subsection. Notice of the opening and closing dates for candidates to qualify shall be published by the 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 3. Said title is further amended by striking in its entirety sub section (f) of said Code Section 21-3-91, which reads as follows: "(f) Candidates not having been nominated in a party primary may also be required to accompany notice of candidacy with a nominat ing petition if the municipality's charter or ordinance so requires.", and substituting in lieu thereof a new subsection (f) to read as follows: "(f) In the case of candidates nominated by nomination petition pursuant to Code Section 21-3-100, the last date for filing notice of can didacy 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- FRIDAY, FEBRUARY 25, 1983 1699 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 4. All laws and parts of laws in conflict with this Act are repealed. Senator Scott of the 2nd moved that the Senate agree to the House substitute to SB 171. On the motion, 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 Foster Gillis Greene Harris Harrison Hill Hine McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Cobb Coggin Coleman Dawkins Deal English Fincher Horton Howard Hudgins Huggins Kennedy Kidd Lester Tate Thompson Timmons Trulock Turner Tysinger Walker Those voting in the negative were Senators: Coverdell Land Stumbaugh Those not voting were Senators: Allgood Bond Dean Engram Garner Littlefield Scott of 36th On the motion, the yeas were 46, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 171. Senator Greene of the 26th introduced the doctor of the day, Dr. Fred Rankin, of Macon, Georgia. 1700 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 807. By Representatives Pinkston of the 100th, Groover of the 99th and Home of the 103rd: A bill to authorize the creation of an intergovernmental relations study com mission by the governing authorities of Bibb County and the City of Macon. HB 818. By Representatives Byrd and Moody of the 153rd: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis of compensation, so as to change the provisions relative to the compensation of the clerk of the superior court. HB 819. By Representatives Byrd and Moody of the 153rd: A bill to amend an Act establishing the Senate Court of Wayne County (formerly the City Court of Jesup in and for the County of Wayne), so as to change the compensation of the judge and the solicitor. HB 820. By Representatives Waldrep of the 80th, Jones of the 78th and Dunn of the 73rd: A bill to provide for an investigator for the district attorney of the Flint Judicial Circuit; to provide for the compensation, powers, duties, term of office, and expenses of the investigator. HB 821. By Representative Balkcom of the 140th: A bill to amend an Act creating the Board of Commissioners of Early County, so as to provide that the members of the board of commissioners shall be elected for a term of four years. HB 822. By Representative Balkcom of the 140th: A bill to amend an Act creating the Senate Court of Early County, so as to authorize the county governing authority to determine the compensation of the judge of the state court. FRIDAY, FEBRUARY 25, 1983 1701 HB 823. By Representative Balkcom of the 140th: A bill to abolish the present mode of compensating the judge of the Probate Court of Early County, known as the fee system; to provide in lieu thereof an annual salary for said officer. HB 824. By Representative Balkcom of the 140th: A bill to amend an Act creating and establishing the Small Claims Court of Early County, so as to abolish the present mode of compensating the judge of the Small Claims Court of Early County, known as the fee system. HB 825. By Representatives Randall of the 101st, Lucas of the 102nd, Pinkston of the 100th and Groover of the 99th: A bill to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, so as to change the composition of the Educa tion Districts from which members of the board are elected. HB 826. By Representatives Williams of the 48th, Lawrence of the 49th, Davis of the 45th and others: A bill to amend an Act creating and establishing a Recorder's Court of DeKalb County, so as to provide for the expiration of terms of the existing chief judge, associate judge, and all other judges and magistrates of that court and provide for a successor chief judge and associate judges. HB 827. By Representatives Lane of the lllth and Godbee of the 110th: A bill to amend an Act creating the State Court of Screven County, so as to change the provisions relative to the compensation of the judge and solicitor of said court. HB 828. By Representatives Randall of the 101st, Lucas of the 102nd, Groover of the 99th and Home of the 103rd: A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to sales of alcoholic beverages during certain hours in certain municipalities and counties, so as to provide that sales of alcoholic beverages by certain establishments may be authorized during certain hours in coun ties having a population of not less than 140,000 and not more than 150,300 and in municipalities in such counties. HB 829. By Representatives Lawler, Darden, and Burruss of the 20th and others: A bill to amend an Act reincorporating the City of Austell, so as to change the corporate limits of said city. 1702 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 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 a tenancy in common, so as to provide for the sale of the interests of petitioners for partitioning to other parties in interest in property sought to be partitioned. Senate Sponsor: Senator Barnes of the 33rd. The Senate Committee on Judiciary and Constitutional Law offered the following substitute to HB 209: A BILL TO BE ENTITLED AN ACT 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; to provide for public sales; 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 7 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to tenancy in common, is amended by adding after Code Section 44-6-166 a new Code section to read as follows: "44-6-166.1. (a) As used in this Code section, the term: (1) 'Party in interest' means any person, other than a petitioner, having an interest in property. (2) 'Petitioner' means any person petitioning for partition of property. (3) 'Property' means lands and tenements sought to be partitioned pursuant to this Subpart 2, relating to statutory partition. (b) Whenever an application is made for the partition of property and any of the parties in interest convinces the court that a fair and equitable division of the property cannot be made by means of metes and bounds because of improvements made thereon, because the premises are valuable for mining purposes or for the erection of mills or other machin ery, or because the value of the entire property will be depreciated by the partition applied for, the court shall proceed pursuant to this Code section. (c) The court shall appoint three qualified persons to make ap praisals of the property. The average of the three appraisals shall consti- FRIDAY, FEBRUARY 25, 1983 1703 tute the appraised price of the property for purposes of this Code section. Notice of the amount of the appraised price shall be served on the peti tioners and all parties in interest within five days after the appraised price is established. (d) Within 15 days after the appraised price is established, upon request to the court and grant thereof, any petitioner may withdraw as petitioner in the partition action and become a party in interest and any party in interest may become a petitioner in the action. Any petitioner remaining as such after the fifteenth day may be paid, pursuant to this Code section, his respective share of the appraised price corresponding to his respective share of the property. This payment shall constitute com plete satisfaction of all of that petitioner's claims to and interest in that property. If no petitioner remains in the partition action after that fifteenth day, the proceeding shall be dismissed, and the petitioners who have withdrawn shall be liable for the costs of the action, including but not limited to the appraisal costs. (e) (1) No sooner than 16 days and no later than 90 days after the appraised price is established, the parties in interest shall tender to the court sufficient sums to pay to petitioners their shares of the appraised price, as determined by their respective shares in the property, or the property shall be subject to public sale pursuant to Code Section 44-6167. If the property is subject to such public sale, the petitioner and the parties in interest shall be liable for appraisal costs under this Code sec tion in proportion to their respective interests in the property. (2) Each party in interest may pay toward the amount required to purchase any petitioners' shares of the appraised price an amount in pro portion to that party's share of the total shares of property of all parties in interest, unless one party in interest authorizes another party in inter est to pay some or all of his proportionate share of the shares available for sale. The share of each party in interest in the property shall be in creased by the share that party pays toward the purchase of petitioners' shares in the property. (0 Within 95 days after the appraised price is established, unless the property becomes subject to public sale pursuant to paragraph (1) of subsection (e) of this Code section, the petitioners shall execute title to the parties in interest for the property in return for payment to the peti tioners, from sums tendered to court under subsection (e) of this Code section, of their respective shares of the appraised price. Petitioners and parties in interest shall be liable for costs of the sale and proceedings relating thereto under this Code section in proportion to their respective shares in the property prior to that sale." Section 2. Said article is further amended by striking Code Section 44-6-167, relating to when land is subject to public sale, and inserting in its place a new Code section to read as follows: "44-6-167. In the event lands and tenements sought to be parti tioned are not sold pursuant to Code Section 44-6-166.1, the court shall order a public sale of such lands and tenements. The court shall appoint three discreet persons as commissioners to conduct such sale under such 1704 JOURNAL OF THE SENATE regulations and upon such just and equitable terms as it may prescribe. The sale shall take place on the first Tuesday in the month, shall be at the place of public sales in the county in which the land is located, and shall be advertised in some public newspaper once a week for four weeks. This Code section shall not be construed to change the place of sale in those counties where by law sheriffs' sales are required to take place at the courthouse." 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 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 Broun of 46th Brown of 47th Bryant CBoubrtbon Coggin Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis Harris Harrison Hill Mine Holloway HHoorwtoanrd Huggins Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd <; t ^Stumrrb, augh, I^te Thompson Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Allgood Bond Coleman Fincher Greene Hudgins On the passage of the bill, the yeas were 50, nays 0. FRIDAY, FEBRUARY 25, 1983 1705 The bill, having received the requisite constitutional majority, was passed by substitute. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 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. Senator Littlefield of the 6th moved that the Senate recede from the Senate amendment to HB 278. On the motion, 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 Bryant Cobb Coggin Coverdell Dawkins Deal Dean English Engram 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 43rd Starr Tate Trulock Turner Tysinger Walker Those voting in the negative were Senators: Burton Stumbaugh Thompson Those not voting were Senators: Allgood Bond Brannon Coleman Fincher Hudgins Scott of 36th Timmons 1706 JOURNAL OF THE SENATE On the motion, the yeas were 45, nays 3; the motion prevailed, and the Senate receded from the Senate amendment on HB 278. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: 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. Senate Sponsor: Senator Starr of the 44th. Senators Starr of the 44th, Coggin of the 35th and Engram of the 34th offered the following substitute to HB 627: A BILL TO BE ENTITLED AN ACT 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 that shall have lawfully authorized the sale of such beverages within all or part of such counties or municipalities; to authorize the regulation of, and exercise of, the lease pow ers over, the sale, the storage and distribution of such alcoholic beverages by the county or municipality owning or operating such airports; to prohibit other counties or municipalities from regulating or exercising police powers over the sale, storage, and distribution of such alcoholic beverages within such airport boundaries; to allow the county otherwise authorized by law to do so to impose and collect taxes on the sale, storage, and distribution of alcoholic beverages at such airports; 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 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, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 3-8-1 to read as follows: FRIDAY, FEBRUARY 25, 1983 1707 "3-8-1. (a) The issuance of licenses for the package sale, sale by the drink, storage, and distribution of alcoholic beverages within the boundaries of any airport owned or operated, or both, by a county or municipality may be approved by a proper resolution or ordinance of the county or municipal governing authority owning or operating the airport. A license for such sales, storage, and distribution of distilled spirits may be issued only by the governing authority of a municipality or county in which the sale of alcoholic beverages is lawful. (b) This Code section shall apply regardless of the location of the airport. (c) For the purposes of regulating the sale, storage, and distribu tion of alcoholic beverages, but not for the purposes of taxation, the air port boundaries of an airport owned or operated, or both, by a county or municipality shall be treated: (1) If the airport is owned or operated, or both, by a county, as though the airport boundaries were located entirely within the bounda ries of the county which owns or operates, or owns and operates, the airport; or (2) If the airport is owned or operated, or both, by a municipality, as though the airport boundaries were located entirely within the corpo rate limits of that municipality and entirely within the boundaries of the county in which the greater portion of the municipality owning or operat ing, or owning and operating, the airport lies. (d) No county or municipality may control, license, regulate, or exercise police powers over the sale, storage, or distribution of alcoholic beverages within the boundaries of an airport owned or operated, or both, by another municipality or county which has lawfully approved the sale in any fashion or storage of any alcoholic beverages within all or part of the municipality or county. (e) The county or municipality authorized by law to impose and collect taxes on the sale, storage, and distribution of alcoholic beverages at the airport may impose and collect such taxes, unaffected by this Code section; and the county or municipality owning or operating, or both, the airport shall not impose or collect such taxes. The proceeds of the taxes which the county and the municipality are authorized by law to impose and collect on the sale, storage, and distribution of alcoholic beverages at the airport shall be equally divided between the county and the municipality. (0 The county or municipality which issues the license pursuant to subsection (a) of this Code section may impose, collect, and receive li censing fees generally paid in connection with the licensing of the sale, storage, and distribution of alcoholic beverages; and any county or mu nicipality that would, apart from the Code section, otherwise license or regulate, or both, the sale, storage, and distribution of alcoholic bever ages at the airport shall not impose or receive any such licensing fees unless it is the county or municipality issuing the license." 1708 JOURNAL OF THE SENATE 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 35, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Barker Barnes Bowen Brannon Brantley Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Dean English Engram Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Kennedy Kidd Land Lester Littleneld McGill McKenzie Peevy 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 Perry. Those not voting were Senators: Allgood Bond Brown of 47th Deal Fincher Hudgins Huggins On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. FRIDAY, FEBRUARY 25, 1983 1709 Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair. 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 palities, or other political subdivisions to private parties are declared not to be leased for public purposes. 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: Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins English Engram Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins 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 voting were Senators: Allgood Bond Deal Dean Fincher Hudgins Kennedy (presiding) Scott of 36th Timmons On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. 1710 JOURNAL OF THE SENATE 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. Senate Sponsors: Senators Howard of the 42nd and Broun of the 46th. The Senate Committee on Judiciary offered the following amendment: Amend HB 249 by adding on line 17 of Page 1 after the word "or" the following: "tennis or". 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. 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 Coverdell Dawkins Deal English Engram Foster Garner Gillis Greene Harris Harrison 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 Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Allgood Bond Coleman Dean Fincher Hudgins Kennedy (presiding) FRIDAY, FEBRUARY 25, 1983 1711 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. The following general bill of the House, having been read the third time and lost on February 24, and reconsidered on February 25, was put upon its passage: 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. Senate Sponsor: Senator Kennedy of the 4th. The substitute to HB 189 offered by the Senate Committee on Appropriations which was adopted as amended by the amendment offered by Senator Coleman of the 1st on February 24 was as follows: A BILL TO BE ENTITLED AN ACT To amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to annual salaries and allowances of certain state officials, so as to change certain of such salaries and allowances; to provide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to annual salaries of certain state officials, is amended by striking paragraphs (2), (4), (7), (11), and (14) of subsection (a) in their entirety and inserting in lieu thereof the following: "(2) (4) (7) (11) (14) Lieutenant Governor ........................... 39,900.00 Commissioner of Agriculture .................... 49,900.00 Commissioner of Insurance ..................... 49,900.00 Each member of the Public Service Commission ................................ 49,900.00 Secretary of State ............................. 49,900.00" Section 2. Said Code section is further amended by striking the first 1712 JOURNAL OF THE SENATE undesignated paragraph of paragraph (22) of subsection (a) in its entirety and inserting in lieu thereof the following: "Each member of the General Assembly shall also receive the al lowances provided by law, except that each member shall receive an ex pense allowance in the sum of $59.00 per day and shall receive the same mileage allowance for the use of a personal car when devoted to official business as that received by other state officials and employees." Section 3. Said Code section is further amended by striking the sec ond undesignated paragraph of paragraph (22) of subsection (a) in its en tirety and inserting in lieu thereof the following: "In addition to any other compensation and allowances authorized for members of the General Assembly, each member shall be reimbursed for actual expenses incurred in the performance of duties within the state as a member of the General Assembly in an amount not to exceed $5,200.00 per year. For the purposes of the preceding sentence, a year shall be construed to begin on the convening date of the General Assem bly in regular session and end on the last day of December in that calen dar year. These expenses shall be limited to one or more of the following purposes: rents, district office or offices, office supplies and materials, of fice equipment, secretarial assistance, utilities, postage (which shall not be used for a political newsletter), communications, stationery, lodging, meals, travel, and per diem differential. Per diem differential shall be the difference between the daily expense allowance authorized for members of the General Assembly and the federal per diem rate in effect for the state capital as specified by the General Services Administration. Such expenses shall be reimbursed upon the submission of sworn vouchers to the legislative fiscal office." Section 4. This Act shall become effective July 1, 1983. Section 5. All laws and parts of laws in conflict with this Act are repealed. Amend the substitute to HB 189 offered by the Senate Committee on Appropria tions as follows: By inserting between lines 17 and 18 on Page 1 the following: "(12) State Revenue Commissioner................ 49,900.00" The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. FRIDAY, FEBRUARY 25, 1983 1713 On passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Barker Bowen Brannon Brown of 47th Bryant Cobb Coggin Coleman Dean English Engram Garner Gillis Greene Harris Hill Holloway Hudgins Huggins Kennedy Kidd Lester Littlefield McGill McKenzie Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Tate Thompson Timmons Trulock Turner Walker Those voting in the negative were Senators: Barnes Brantley Broun of 46th Burton Coverdell Dawkins Deal Foster Harrison Hine Horton Howard Land Peevy Starr Stumbaugh Tysinger Those not voting were Senators: Allgood Bond Fincher On the passage of the bill, the yeas were 36, nays 17. The bill, having received the requisite constitutional majority, was passed by substitute. The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: SB 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. 1714 JOURNAL OF THE SENATE The House amendment was as follows: Amend SB 8 on line 8, Page 1, line 4, Page 2, and on line 7, Page 2, by changing the figure "18" to "19". Senator Cobb of the 28th moved that the Senate agree to the House amendment to SB 8. On the motion, 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 Cobb" eman Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis Greene Harris Hill Hine Holloway HHowrt0anrd Hudgins Huggms Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd SSttrau"mbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Allgood Bond Fincher Harrison On the motion, the yeas were 52, nays 0: the motion prevailed, and the Senate agreed to the House amendment to SB 8. Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 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 FRIDAY, FEBRUARY 25, 1983 1715 relative to certain investigations and the giving of testimony in certain instances. Senate Sponsor: Senator Howard of the 42nd. Senator Howard of the 42nd offered the following substitute to HB 399: A BILL TO BE ENTITLED AN ACT 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 include among these grounds certain conduct relating to drugs, treatment, or procedures detrimental to patients; to change the provisions relating to immunity from civil and criminal liability relative to certain investigations and the giving of testimony in certain instances; 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 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, is amended by striking paragraph (7) of subsection (a) thereof and inserting in its place a new paragraph (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 subsec tion (h) in its entirety and inserting in lieu thereof a new subsection (h) to read as follows: "(h) A person, partnership, firm, corporation, association, author ity, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provisions of law relating to a licensee's or applicant's fitness to practice medicine or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith without fraud or malice. Any person who testifies in good faith without fraud or malice before the board in any proceeding involving a 1716 JOURNAL OF THE SENATE violation of subsection (a) of this Code section or any other law relating to licensee's or applicant's fitness to practice medicine, or who makes a recommendation to the board in the nature of peer review, shall be im mune from civil and criminal liability for so testifying." Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted. 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison 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 Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Allgood Barnes Bond Bryant Coleman Fincher Hudgins Kennedy (presiding) On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. FRIDAY, FEBRUARY 25, 1983 1717 The following resolutions of the Senate were read and adopted: SR 180. By Senator Dean of the 31st: A resolution commending the Optimist Club of Cedartown, Georgia. SR 18. By Senator Dean of the 31st: A resolution commending the Rotary Club of Bremen, Georgia. SR 182. By Senator Dean of the 31st: A resolution commending the Women's Club of Cartersville, Georgia. SR 183. By Senator Dean of the 31st: A resolution commending the Cartersville-Bartow County Chamber of Commerce. SR 184. By Senator Dean of the 31st: A resolution commending the Rockmart Chamber of Commerce. SR 185. By Senator Dean of the 31st: A resolution commending the Polk County Business and Professional Women's Club. SR 186. By Senator Dean of the 31st: A resolution commending the Cartersville Business and Professional Women's Club. SR 187. By Senator Dean of the 31st: A resolution commending the Dallas-Paulding County Chamber of Commerce. SR 188. By Senator Dean of the 31st: A resolution commending the Cedartown Chamber of Commerce. SR 189. By Senator Dean of the 31st: A resolution commending the Cedartown Business and Professional Women's Club. 1718 JOURNAL OF THE SENATE SR 190. By Senator Dean of the 31st: A resolution commending the New Georgia Ruritan Club. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: 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. Senate Sponsor: Senator Garner of the 30th. The Senate Committee on Governmental Operations offered the following amendment: Amend HB 245 by adding in the title on line 4 of Page 1, immediately preceding the words "to repeal", the following: "to provide that the extender of credit is entitled to a bad check charge under certain circumstances; to provide for the amount of such bad check charge;". By renumbering Section 2 on Page 1 as Section 3 and inserting a new Section 2 to read as follows: "Section 2. Said Code section is further amended by adding at the end thereof a new subsection, to be designated subsection (i), to read as follows: '(i) Notwithstanding paragraph (2) of subsection (a) of this Code section or any other law on usury, charges, or fees on loans or credit extensions, any lender of money or extender of other credit who receives a check, draft, negotiable order of withdrawal, or like instrument drawn on a bank or other depository institution given by any person in full or partial repayment of a loan, installment payment, or other extension of credit may, if such instrument is not paid or is dishonored by such insti tution, charge and collect from the borrower or person to whom the credit was extended a bad check charge of not more than the greater of either $12.00 or an amount equal to the actual charge made to the credi tor by the depository institution for the return of the unpaid or dishon ored instrument. This charge shall not be deemed interest or a finance or other charge made as an incident to or as a condition to the granting of the loan or other extension of credit and shall not be included in deter mining the limit on charges which may be made in connection with the loan or extension of credit or any other law of this state.' " On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted. FRIDAY, FEBRUARY 25, 1983 1719 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 Bowen Brannon Brantley Broun of 46th 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 Kidd Land Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Strumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Allgood Bond Fincher Kennedy (presiding) On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House adheres to its insistence on its amendment and has appointed a Com- 1720 JOURNAL OF THE SENATE mittee 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 Senate: SB 238. By Senator Kidd of the 25th: A bill 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 repeal conflicting laws. The Speaker has appointed as a Committee of Conference on the part of the House the following members: Representatives Parham of the 105th, Moore of the 139th and Matthews of the 145th. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 163. By Senators Howard of the 42nd, Allgood of the 22nd and Starr of the 44th: A bill to amend Chapter 25 of the 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 House substitute to SB 163 was as follows: 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 construction and applicabil ity; 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 An notated, 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 des- FRIDAY, FEBRUARY 25, 1983 1721 ignated 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 including the interest rate charged on reinstatement of a policy loan for the period during and after any lapse of the policy. (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 Average -- Monthly Average Corporates, or any successor thereto, is no longer pub lished, 'published monthly average' means any substantially similar aver age 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, or issued for delivery in this state on or after July 1, 1983, unless it contains one of the following provisions relating 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 months end ing two months before the date on which the rate is determined; or (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 1722 JOURNAL OF THE SENATE 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 the 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 Vi 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 !6 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 ini tial 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 poli cyholder when a further premium loan is made unless there is an in crease 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 title which might be construed to the contrary, no policy shall terminate in a policy year as the sole result of a change in the interest rate during that policy year and the life insurer shall maintain coverage during that policy year until the time at which it would otherwise have terminated if there had been no change during that policy year. (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 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, FRIDAY, FEBRUARY 25, 1983 1723 with specified rates of interest on policy loans in accordance with the provisions of paragraph (1) of subsection (b) of this Code section. (g) The provisions of this Code section shall not apply to any pol icy issued before July 1, 1983, unless the policyholder agrees in writing to the applicability of such provisions in accordance with such require ments as may be established by the Commissioner." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Howard of the 42nd moved that the Senate agree to the House substitute to SB 163. On the motion, 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 Coeein Cofeman Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison Hjl , Hine Holloway Horton Howard Hudgms Huggins 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 Bond Fincher Kennedy (presiding) On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 163. The President resumed the Chair. 1724 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 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. Senate Sponsor: Senator Trulock of the 10th. The Senate Committee on Economic Development and Tourism offered the follow ing substitute to HB 287: A BILL TO BE ENTITLED AN ACT 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; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 8-2-135 of the Official Code of Georgia An notated, relating to licenses for manufactured homes, is amended by striking subsection (f) of said Code section and inserting in lieu thereof a new sub section (0 to read as follows: "(0 During such time as the Commissioner's office is acting as a primary inspection agency pursuant to Section 623 of the National Mo bile Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., or the regulations issued thereunder, every manu facturer who manufactures manufactured homes in Georgia shall pay to the Commissioner a manufacturing fee for each manufactured home manufactured in Georgia, irrespective of whether the manufactured home is offered for sale in this state. This manufacturing fee shall be applied as follows: $15.00 for each single-wide unit; $25.00 for each double-wide unit, with two transportable sections; and $35.00 for each triple-wide unit, with three transportable sections." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Broun of the 46th moved the previous question. On the motion, the yeas were 42, nays 0; the motion prevailed, and the previous question was ordered. FRIDAY, FEBRUARY 25, 1983 1725 Senators Barnes of the 33rd and Trulock of the 10th offered the following amendment: Amend HB 287 by adding after "." on line 24, Page 1, the following: "For any reinspection $8.00 additional fee shall be charged." On the adoption of the amendment, Senator English of the 21st called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Barnes Brantley Broun of 46th Burton Cobb Coverdell Dawkins Dean Engram Garner Greene Harris Harrison Hill Hine Holloway Horton Howard Land Lester Phillips Scott of 2nd Scott of 43rd Stumbaugh Thompson Trulock Tysinger Those voting in the negative were Senators: Barker Bowen Brannon Brown of 47th Coggin Coleman Deal English Foster Gillis Hudgins Huggins Kennedy Kidd Littlefield McGill McKenzie Peevy Perry Scott of 36th Tate Timmons Turner Walker Those not voting were Senators: Allgood Bond Bryant Fincher Starr On the adoption of the amendment, the yeas were 27, nays 24, and the amend ment was adopted. On the adoption of the substitute, Senator Barnes of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows: 1726 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Barnes Brantley Broun of 46th Burton Coverdell Dawkins Engram Garner Greene Harrison Hine Horton Howard Lester Peevy Phillips Stumbaugh _, Thompson Trulock Tysinger Those voting in the negative were Senators: Barker Bowen Brannon Brown of 47th obb. cSan Deal Dean English Foster Gillis Harris Hill Holloway Hudgins "**TM Kennedy Kidd Land Littlefield McGill McKenzie Perry Scott of 2nd Scott of 36th Scott of 43rd Tate Timmons Turner Walker Those not voting were Senators: Allgood Bryant Starr Bond Fincher On the adoption of the substitute, the yeas were 20, nays 31, and the substitute was lost. 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins FRIDAY, FEBRUARY 25, 1983 1727 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: Allgood Bond Bryant Fincher Littlefield On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 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. 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 Bowen Brannon Brantley Broun of 46th Brown of 47th 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 1728 JOURNAL OF THE SENATE Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker Those not voting were Senators: Allgood Bond Bryant Fincher Timmons On the passage of the bill, the yeas were 51, nays 0, The bill, having received the requisite constitutional majority, was passed. The following bills of the House were read the first time and referred to committee: HB 807. By Representatives Pinkston of the 100th, Groover of the 99th and Home of the 103rd: A bill to authorize the creation of an intergovernmental relations study com mission by the governing authorities of Bibb County and the City of Macon. Referred to Committee on Federal, State and Community Affairs. HB 818. By Representatives Byrd and Moody of the 153rd: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis of compensation, so as to change the provisions relative to the compensation of the clerk of the superior court. Referred to Committee on Federal, State and Community Affairs. HB 819. By Representatives Byrd and Moody of the 153rd: A bill to amend an Act establishing the State Court of Wayne County (for merly the City Court of Jesup in and for the County of Wayne), so as to change the compensation of the judge and the solicitor. Referred to Committee on Federal, State and Community Affairs. HB 820. By Representatives Waldrep of the 80th, Jones of the 78th and Dunn of the 73rd: A bill to provide for an investigator for the district attorney of the Flint Judicial Circuit; to provide for the compensation, powers, duties, term of office, and expenses of the investigator. Referred to Committee on Federal, State and Community Affairs. FRIDAY, FEBRUARY 25, 1983 1729 HB 821. By Representative Balkcom of the 140th: A bill to amend an Act creating the Board of Commissioners of Early County, so as to provide that the members of the board of commissioners shall be elected for a term of four years. Referred to Committee on Federal, State and Community Affairs. HB 822. By Representative Balkcom of the 140th: A bill to amend an Act creating the State Court of Early County, so as to authorize the county governing authority to determine the compensation of the judge of the state court. Referred to Committee on Federal, State and Community Affairs. HB 823. By Representative Balkcom of the 140th: A bill to abolish the present mode of compensating the judge of the Probate Court of Early 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 824. By Representative Balkcom of the 140th: A bill to amend an Act creating and establishing the Small Claims Court of Early County, so as to abolish the present mode of compensating the judge of the Small Claims Court of Early County, known as the fee system. Referred to Committee on Federal, State and Community Affairs. HB 825. By Representatives Randall of the 101st, Lucas of the 102nd, Pinkston of the 100th and Groover of the 99th: A bill to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, so as to change the composition of the Educa tion Districts from which members of the board are elected. Referred to Committee on Federal, State and Community Affairs. HB 826. By Representatives Williams of the 48th, Lawrence of the 49th, Davis of the 45th and others: A bill to amend an Act creating and establishing a Recorder's Court of DeKalb County, so as to provide for the expiration of terms of the existing chief judge, associate judge, and all other judges and magistrates of that court and provide for a successor chief judge and associate judges. Referred to Committee on Federal, State and Community Affairs. 1730 JOURNAL OF THE SENATE HB 827. By Representatives Lane of the lllth and Godbee of the 110th: A bill to amend an Act creating the State Court of Screven County, so as to change the provisions relative to the compensation of the judge and solicitor of said court. Referred to Committee on Federal, State and Community Affairs. HB 828. By Representatives Randall of the 101st, Lucas of the 102nd, Groover of the 99th and Home of the 103rd: A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to sales of alcoholic beverages during certain hours in certain municipalities and counties, so as to provide that sales of alcoholic beverages by certain establishments may be authorized during certain hours in coun ties having a population of not less than 140,000 and not more than 150,300 and in municipalities in such counties. Referred to Committee on Federal, State and Community Affairs. HB 829. By Representatives Lawler, Darden, and Burruss of the 20th and others: A bill to amend an Act reincorporating the City of Austell, so as to change the corporate limits of said city. Referred to Committee on Federal, State and Community Affairs. The following general resolutions and bill of the House and Senate, favorably re ported by the committees, were read the third time and put upon their passage: HR 154. By Representative Parham of the 105th: A resolution authorizing the conveyance of certain state owned properties located in Baldwin County, Georgia. Senate Sponsor: Senator Kidd of the 25th. 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison FRIDAY, FEBRUARY 25, 1983 1731 Hill Hine Holloway "orto" HHouwdgairnds Huggins Kennedy Kidd tester Littlefield McGill McKenzie PPeeerrvyy Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh jate Thompson ,,T,, rul. ock, Turner Tysinger Walker Those not voting were Senators: Allgood Barnes Bond Bryant Coleman Fincher Land Starr Timmons On the adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 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. 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: Barker Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Dawkins Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd 1732 Land Lester Littlefield McGill McKenzie Perry JOURNAL OF THE SENATE Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Trulock Turner Tysinger Walker Voting in the negative were Senators Deal and Peevy. Those not voting were Senators: Allgood Barnes Bond Bryant Coleman Coverdell Fincher Hill Starr Timmons On the passage of the bill, the yeas were 44, nays 2. The bill, having received the requisite constitutional majority, was passed. SR 119. By Senators Kidd of the 25th and Kennedy of the 4th: A resolution creating the Mental Health and Mental Retardation 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: Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coverdell Dawkins Deal Dean Engram Foster Garner Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield McGill Peevy Perry Phillips FRIDAY, FEBRUARY 25, 1983 1733 Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Thompson Trulock Turner Tysinger Walker Those not voting were Senators: Allgood Bond Bryant Coleman English Fincher Gillis McKenzie Stumbaugh Timmons On the adoption of the resolution, the yeas were 46, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following resolution of the House was read and put upon its adoption: HR 304. By Representative Murphy of the 18th: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, February 25, and to reconvene at 10:00 o'clock A.M. on Monday, February 28. On the adoption of the resolution, the yeas were 34, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 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 25, 1983 The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atianta, Georgia 30334 Dear Mr. McWhorter: I am transmitting to you herewith a certified list of those persons, who 1734 JOURNAL OF THE SENATE have registered in the Docket of Legislative Appearance for the 1983 Regu lar Session of 3:00 P.M. on February 25, 1983. The list is numbered 555 through 568. Sincerely, /s/ Max Cleland Secretary of State 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 555 through 568, who have registered in the Docket of Legisla tive Appearance as of February 25, 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 25th 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 555. Neil Herring Georgia Association of Railroad Passengers 581 Greenwood Avenue Atlanta, Georgia 30308 556. Jack S. Schroder, Jr. Georgia Hospital Association 75 Poplar Street Atlanta, Georgia 30335 557. Wesley Anderson, N.D. Georgia Naturopathic Association 1260 Blackstone Drive Decatur, Georgia 30033 558. Patricia S. Koonce Georgia Naturopathic Association 1260 Blackstone Drive Decatur, Georgia 30033 559. Laurence H. Hamblen Georgia Naturopathic Association 1852 Georgianan Drive, N.E. Atlanta, Georgia 30329 FRIDAY, FEBRUARY 25, 1983 1735 560. Jeanne Maxwell ISKCON Inc. 1287 Ponce de Leon Avenue Atlanta, Georgia 30306 561. James H. Jones, Sr. Hancock County Board of Commissioners Route 1, Box 260 Devereux, Georgia 31087 562. Ruthie M. Williams Justice of the Peace--Dist. 112 40 Ogeechee Estate Sparta, Georgia 31087 563. Sheila loops Self 4511 N. Shallowford Road, #M-3 Dunwoody, Georgia 564. Henry G. Irby, Sr. Calvary Temple 2594 Sylvan Road East Point, Georgia 30344 565. Michael N. lies Calvary Temple 139 Rhodesia Avenue, S.E. Atlanta, Georgia 30315 566. Mark Boatner Boatner Rehabilitation Rehabilitation Counseling Co. 1956 Black's Bluff Road Rome, Georgia 30161 567. David John Renkes Georgia Home Furnishings Assn. 305 Chaffin Ridge Court Roswell, Georgia 30075 568. Mark D. Jarrett Citizens Concerned 1275 Timberland Drive, S.E. Marietta, Georgia 30067 Senator Kennedy of the 4th moved that the Senate stand in recess from 12:55 o'clock P.M. until 5:00 o'clock P.M. and thereafter stand adjourned pursuant to HR 304, adopted previously, until 10:00 o'clock A.M. on Monday, February 28. The motion prevailed, and the Senate stood in recess from 12:55 o'clock P.M. until 5:00 o'clock P.M. and thereafter stood adjourned pursuant to HR 304, adopted previ ously, until 10:00 A.M. on Monday, February 28. 1736 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Monday, February 28, 1983 Thirty-seventh Legislative Day The Senate met pursuant to adjournment at 10:00 o'clock A. M. today and was called to order by the President. Senator Barker of the 18th reported that the Journal of the proceedings of Friday, February 25, had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the Senate: SB 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 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 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 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 MONDAY, FEBRUARY 28, 1983 1737 as prior employment as an assistant district attorney for purposes of com puting his or her compensation. 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 the 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. 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. 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 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. 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 House has passed, as amended, by the requisite constitutional majority the following bills of the Senate: 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 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 1738 JOURNAL OF THE SENATE for new and different districts and the election of members therefrom; to provide for all related matters; to provide effective dates. 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. The House has adopted, as amended, by the requisite constitutional majority the following resolution of the Senate: 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 House has agreed to the Senate substitute to the following bill of the House: 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. The following resolution of the Senate was introduced, read the first time and referred to committee: SR 191. By Senator Scott of the 43rd: A resolution creating an Urban County and Municipal Study Committee. 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 Education 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: MONDAY, FEBRUARY 28, 1983 1739 HR 156. 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 298. SB 303. SB 305. SB 306. SB 307. SB 308. HB 350. HB 556. HB 676. HB 688. HB 710. HB 736. HB 739. HB 749. HB 750. HB 751. HB 755. Do pass by substitute. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. HB 757. HB 759. HB 760. HB 761. HB 767. HB 778. HB 794. HB 795. HB 797. HB 798. HB 799. HB 801. HB 802. HB 804. HB 809. HB 810. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Respectfully submitted, Senator 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: 1740 JOURNAL OF THE SENATE HB 326. 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 House and has instructed me to report the same back to the Senate with the following recommendations: HB 206. HB 580. HB 476. Do pass. Do pass by substitute. 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 bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 566. Do pass. HB 567. Do pass by substitute. Respectfully submitted, Senator Gillis of the 20th District, Chairman The following bills and resolution of the Senate and House were read the second time: 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 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 MONDAY, FEBRUARY 28, 1983 1741 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. 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. 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. 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 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. 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. SB 303. By Senator Barnes of the 33rd: A bill to amend an Act known as the "South Cobb Development Authority Act," to as to provide for the enlargement of the South Cobb Development Area. 1742 JOURNAL OF THE SENATE SB 305. By Senators Phillips of the 9th and Peevy of the 48th: A bill to amend an Act providing for districts for the election of the Board of Education of Gwinnett County, as amended, so as to change the compen sation of the board and provide for expense allowances. SB 306. By Senator Engram of the 34th: A bill to provide for the Magistrate Court of Fayette County; to state legis lative intent. SB 307. By Senator Brannon of the 51st: A bill to amend an Act providing for the office of Commissioner of Gordon County, as amended, so as to change the provisions relative to the county administrator. SB 308. By Senator Coggin of the 35th: A bill to create and establish the East Point Building Authority, a body corporate and politic and an instrumentality of the State of Georgia. 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 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 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 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. 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. MONDAY, FEBRUARY 28, 1983 1743 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 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 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. 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 Jeflf 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 755. By Representatives Ginsberg of the 122nd, Triplet! 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. 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. 1744 JOURNAL OF THE SENATE 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. 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 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 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 794. By Representative Hanner of the 131st: A bill to amend an Act providing a new charter for the City of Leary in Calhoun, so as to change the corporate limits of the City. HB 795. By Representative Murphy of the 18th: A bill to amend an Act creating the office of county commissioner of Haralson County, so as to change the compensation of the county commissioner of Haralson County. HB 797. By Representative Russell of the 64th: A bill to authorize the governing authority of Barrow County to provide for supplemental compensation for the judge of the superior court in the Pied mont Judicial Circuit. HB 798. By Representative Russell of the 64th: A bill to provide that the board of commissioners of Barrow County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations doing business in the unincorporated areas of Barrow County. MONDAY, FEBRUARY 28, 1983 1745 HB 799. By Representative Jones of the 78th: A bill to amend an Act to provide that the grand jury selecting members of the county board of education of Butts County shall be authorized to select two members from certain militia districts, so as to provide an additional procedure to be used in the selection of members of the county board of education. HB 801. By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and Balkcom of the 140th: A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the commission districts; to clarify that elections and terms under the changed districts shall remain the same as under these districts as formerly described. HB 802. By Representative Reaves of the 147th: A bill to abolish the method of compensating the judge of the Probate Court of Brooks County known as the fee system; to provide in lieu thereof an annual salary. HB 804. By Representatives Twiggs and Colwell of the 4th: A bill to amend an Act placing the sheriff of Towns County on an annual salary, so as to change the compensation of the sheriff; to change the provi sions relating to deputies. HB 809. By Representatives Colwell and Twiggs of the 4th: A bill to amend an Act providing for a Board of Commissioners of Fannin County, so as to change the provisions relating to the compensation of the chairman and members of the board. HB 810. By Representatives Colwell and Twiggs of the 4th: A bill to amend an Act providing an annual salary for the coroner of Fannin County, so as to change the compensation of the coroner. The following local, uncontested bills of the Senate and House, favorably reported by the committee, were read the third time and put upon their passage: SB 295. By Senator Hine 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. 1746 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Hine of the 52nd moved that SB 295 be immediately transmitted to the House. On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 295 was immediately transmitted to the House. 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. The report 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 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 men 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 48, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. MONDAY, FEBRUARY 28, 1983 1747 On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. The report 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. Senator Scott of the 2nd moved that SB 301 be immediately transmitted to the House. On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 301 was immediately transmitted to the House. 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. The report 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 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. 1748 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. The report 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 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". The report 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 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. The report 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. MONDAY, FEBRUARY 28, 1983 1749 The bill, having received the requisite constitutional majority, was passed. 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. The report 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 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. The report 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 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. The report 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. 1750 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. The report 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 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. The report 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 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. The report 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 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. MONDAY, FEBRUARY 28, 1983 1751 The report 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 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. The report 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 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. The report 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 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. The report 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. 1752 JOURNAL OF THE SENATE The bill, having received the requisite constitutional majority, was passed. 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. The report 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 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. The report 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 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. MONDAY, FEBRUARY 28, 1983 1753 HB 718. By Representative Manner 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. The report 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 720. By Representative Manner 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. The report 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 721. By Representative Manner 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. The report 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 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. 1754 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. The report 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 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. The report 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 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. The report 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. MONDAY, FEBRUARY 28, 1983 1755 The bill, having received the requisite constitutional majority, was passed. 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. The report 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 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. The report 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 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. The report 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 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. 1756 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. The report 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 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. The report 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 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. MONDAY, FEBRUARY 28, 1983 1757 On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. The report 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 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. The report 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 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. The report 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. 1758 JOURNAL OF THE SENATE The bill, having received the requisite constitutional majority, was passed. 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. The report 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 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. The report 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 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. MONDAY, FEBRUARY 28, 1983 1759 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. The report 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 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. The report 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 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. The report 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 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. 1760 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. The report 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 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. The report 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 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. The report 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. MONDAY, FEBRUARY 28, 1983 1761 The bill, having received the requisite constitutional majority, was passed. 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 sheriffs office. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 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. The report 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 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. The report 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. 1762 JOURNAL OF THE SENATE 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. The report 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 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. The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to SB 221: A BILL TO BE ENTITLED AN ACT 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, approved March 21, 1974 (Ga. L. 1974, p. 391), so as to change that supplement for certain purposes and to delete certain references to Rockdale County; 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 providing a supplement to the compensation, ex penses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), is amended by striking Section 1, which reads as follows: "Section 1. In addition to the compensation, salary, expenses and allowances presently being received by the judges of the superior court of the Stone Mountain Judicial Circuit from the State of Georgia, or any other source, the judges of the superior court of said circuit shall receive a supplement to such compensation from the funds of DeKalb and Rockdale Counties in the amount of $6,000.00 per annum for each such judge. Said supplementary salary shall be paid in equal monthly install ments. The division of payment among the two counties shall be pro rata MONDAY, FEBRUARY 28, 1983 1763 based upon their respective population as shown in the 1970 United States Decennial Census or any future such census." and inserting in its place a new Section 1 to read as follows: "Section 1. In addition to the compensation, salary, expenses, and allowances presently being received by the judges of the superior court of the Stone Mountain Judicial Circuit from the state of Georgia, or any other source, the judges of the superior court of said circuit shall receive a supplement to such compensation from the funds of DeKalb County in the amount of $9,000.00 per annum for each such judge. Said supple mentary salary shall be paid in equal monthly installments." Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 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 board as the commission-council of Richmond County and the City of Augusta. The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to SB 227: A BILL TO BE ENTITLED AN ACT 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 1764 JOURNAL OF THE SENATE the City of Augusta as the governing authority of said city; to designate the board as the commission-council of Richmond County and the City of Au gusta; to designate the members of the board as commissioners-councilmen; to provide for the election of the members of the commission-council; to provide for commission-council districts; to provide for qualifications of com missioners-councilmen; to define the term "House District"; to provide for the election of the members of the commission-council by a majority vote of the voters voting within each respective commission-council district; to pro vide for the terms of office of certain members of the board of commission ers of Richmond County for the period beginning January 1, 1985 and end ing December 31, 1986; to provide that no election shall be conducted in 1986 or thereafter to elect members of the board of commissioners of Rich mond County; to provide for the terms of office of members of the City Council of Augusta for the periods beginning January 1, 1985, and January 1, 1986, and ending December 31, 1986; to provide that no election shall be conducted in 1986 or thereafter to elect members of the City Council of Augusta; to provide that the mayor of Augusta elected at the regular munic ipal election in 1984 shall serve for a term of office beginning January 1, 1985, and ending December 31, 1987; to provide that no election shall be conducted in 1986 or thereafter to elect a mayor of the City of Augusta; to provide for the election of a chairman of the commission-council who shall serve until a mayor-chairman is elected; to create the office of mayor-chair man of the commission-council; to provide for the election and term of office of the mayor-chairman; to provide that the mayor-chairman shall be the chief executive officer of Richmond County and the City of Augusta; to pro vide for the executive and administrative powers and duties of the mayorchairman; to provide for filling vacancies in the office of commissioner-coun cilman; to provide for filling a vacancy in the office of mayor-chairman; to provide for a quorum; to provide for the payment of bonded indebtedness of the City of Augusta and Richmond County; to continue in full force and effect certain Acts of the General Assembly except as modified by this Act; to provide that the commission-council shall constitute the governing author ity of both Richmond County and the City of Augusta; to create an Urban Services District and a Suburban Services District; to provide that such dis tricts shall continue in existence until the commission-council modifies or abolishes such districts by ordinance; to provide for the continuation of ex isting ordinances and resolutions of the board of commissioners of Rich mond County; to provide for the continuation of existing ordinances and resolutions of the City Council of Augusta; to provide for a budget and tax levy by the board of commissioners of Richmond County and the City Council of Augusta for calendar year 1987; to provide that tax assessments made by the board of tax assessors of Richmond County and the City of Augusta shall constitute the basis for the assessment and collection of taxes of the commission-council for calendar year 1987; to provide that the 1987 tax levy for the City of Augusta shall be levied by the commission-council only within the Urban Services District; to provide for amendments to the budget for calendar year 1987; to provide for that any special services dis trict existing in Richmond County or the City of Augusta in 1986 shall continue to exist until modified or abolished by the commission-council; to provide for the retention of pension rights; to provide that this Act shall not result with and shall not be implemented to result with the termination of any employees of Richmond County or the City of Augusta; to provide that the sheriff of Richmond County shall be the chief law enforcement officer of the commission-council; to provide for equal opportunities for employment MONDAY, FEBRUARY 28, 1983 1765 and promotion to all persons regardless of race, sex, religion, creed, color, or national origin; to create a transition task force; to provide for the duties and responsibilities of the transition task force; to provide for cooperation of all officers, officials, and employees of Richmond County and the City of Augusta with the transition task force; to provide for the examination of all records, files, and other data of Richmond County and the City of Augusta by the transition task force; to provide that the transition task force shall be authorized to receive and expend appropriations from the board of commis sioners of Richmond County and from the mayor and City Council of Au gusta; to provide that members of the transition task force shall receive no compensation for their services as such members; to provide for construction of certain Acts; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The governing authority of Richmond County shall be a board of commissioners of said county consisting of nine members. In addi tion to exercising the rights, powers, and duties of Richmond County as the governing authority of said county, the board shall also exercise the rights, powers, and duties of the City of Augusta as the governing authority of said city. Said board is designated the Commission-Council of Richmond County and the City of Augusta, hereinafter referred to as the commission-council, and the members of said board are designated as commissioners-councilmen. The commission-council shall be elected as provided in Section 2 of this Act and shall become the governing authority of Richmond County and the City of Augusta on January 1, 1987. Section 2. (a) For the purpose of electing members of the commissioncouncil, Richmond County is divided into nine commission-council districts as follows: Commission-Council District 1--That portion of Richmond County lying within House District 85. Commission-Council District 2--That portion of Richmond County lying within House District 86. Commission-Council District 3--That portion of Richmond County lying within House District 87. Commission-Council District 4--That portion of Richmond County lying within House District 88. Commission-Council District 5--That portion of Richmond County lying within House District 89. Commission-Council District 6--That portion of Richmond County lying within House District 90. Commission-Council District 7--That portion of Richmond County lying within House Districts 85 and 88. Commission-Council District 8--That portion of Richmond County lying within House Districts 86 and 89. 1766 JOURNAL OF THE SENATE Commission-Council District 9--That portion of Richmond County lying within House Districts 87 and 90. (b) No person shall be eligible to serve as a commissioner-councilman unless he or she: (1) has been a resident of the commission-council district from which elected for a period of one year immediately prior to the date of the election; (2) continues to reside within the commission-council district from which elected during his or her term of office; (3) is a registered and qualified elector of Richmond County; and (4) meets the qualification stan dards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. (c) As used in subsection (a) of this section, "House District" means representative districts of the Georgia House of Representatives specified in Code Section 28-2-1 of the O.C.G.A., as such Code section existed on July 1, 1983. Section 3. (a) At the general election conducted in November of 1986, nine members of the commission-council shall be elected. The members of the commission-council elected to represent commission-council districts 1, 3, 5, 7, and 9 shall be elected for terms of office for four years each begin ning on January 1, 1987, and until their successors are elected and qualified. The members of the commission-council elected to represent commissioncouncil districts 2, 4, 6, and 8 shall be elected for initial terms of office of two years each beginning on January 1, 1987, and until their successors are elected and qualified. Thereafter, successors to members of the commissioncouncil shall be elected at the general election immediately preceding the expiration of their respective terms of office and shall take office on the first day of January immediately following their election for terms of office of four years each and until their successors are elected and qualified. (b) Each member of the commission-council shall be elected by a ma jority of the voters voting within each respective commission-council district. All members of the commission-council shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code." (c) The members of the board of commissioners of Richmond County who are elected at the general election in 1984 pursuant to an Act creating a board of commissioners for the County of Richmond, approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, shall each serve for a term of office beginning January 1, 1985, and ending December 31, 1986. No election shall be conducted in 1986 or thereafter pursuant to said Act to elect mem bers of the board of commissioners of Richmond County, and effective Janu ary 1, 1987, the board of commissioners of Richmond County heretofore existing pursuant to said Act shall stand abolished. (d) The members of the City Council of Augusta who are elected at the regular municipal elections in 1984 pursuant to an Act chartering the City of Augusta as the "City Council of Augusta," approved January 31, 1798 (Marbury's Digest, p. 136), as amended, shall each serve for a term of office beginning January 1, 1985, and ending December 31, 1986. The members of the City Council of Augusta who are elected at the regular municipal elections in 1985 pursuant to said Act chartering the City of Augusta as the MONDAY, FEBRUARY 28, 1983 1767 "City Council of Augusta," approved January 31, 1798 (Marbury's Digest, p. 136), as amended, shall each serve for a term of office beginning January 1, 1986, and ending December 31, 1986. No election shall be conducted in 1986 or thereafter pursuant to said Act to elect members of the City Coun cil of Augusta, and effective January 1, 1987, the city council of the City of Augusta heretofore existing pursuant to said Act shall stand abolished. Section 4. (a) The mayor of the City of Augusta elected at the regular municipal election in 1984 shall serve for a term of office beginning January 1, 1985, and ending December 31, 1987. For the period beginning on Janu ary 1, 1987, and ending on December 31, 1987, the mayor of the City of Augusta shall continue to serve in that capacity. No election shall be con ducted in 1986 or thereafter pursuant to an Act chartering the City of Au gusta as the "City Council of Augusta," approved January 31, 1798 (Mar bury's Digest, p. 136), as amended, to elect a mayor of the City of Augusta, and effective January 1, 1988, the office of mayor heretofore existing pursu ant to said Act shall stand abolished. (b) At the first regular meeting of the commission-council held in Janu ary, 1987, the commission-council shall elect from among its members a chairman who shall serve until a mayor-chairman is elected as provided in Section 5 of this Act. The chairman shall be elected by majority vote of the full membership of the commission-council. Section 5. (a) There is created the office of mayor-chairman of the commission-council. Said officer shall serve as the mayor of the City of Au gusta and as chairman of the board of commissioners of Richmond County. The mayor-chairman shall be elected from among the membership of the commission-council by the majority vote of the full membership of the com mission-council as hereinafter provided in this section. The mayor-chairman shall be a full voting member of the commission-council. (b) The first mayor-chairman shall be elected at the first regular meet ing of the commission-council held in January, 1988. The mayor-chairman so elected shall serve until a successor is elected at the first regular meeting of the commission-council which is held in January, 1989. Beginning with the mayor-chairman elected in January, 1989, the mayor-chairman shall serve for a term of office of two years and until a successor is elected at the first regular meeting of the commission-council which is held in January of each odd-numbered year. Section 6. The mayor-chairman who is elected at the first regular meet ing of the commission-council held in January, 1988, and successors in that office shall be the chief executive officer of Richmond County and the City of Augusta. The mayor-chairman shall possess and exercise the following executive and administrative powers and duties: (1) To preside at all meetings of the commission-council; (2) To serve as the official head of Richmond County and the City of Augusta for the service of process and for ceremonial purposes; (3) To administer oaths and to take affidavits; (4) To sign all written contracts entered into by the commission- 1768 JOURNAL OF THE SENATE council on behalf of Richmond County and the City of Augusta and all other contracts and instruments executed by the county and city which by law are required to be in writing; (5) To ensure that all laws, ordinances, and resolutions of Richmond County and the City of Augusta are faithfully executed; and (6) To exercise such other powers and perform such other duties as may be required by ordinance or resolution of the commission-council. Section 7. (a) A vacancy which occurs in the membership of the com mission-council by death, resignation, removal from the commission-council district, or for any other reason shall be filled by the remaining members of the commission-council appointing a qualified person to serve for the unexpired term, unless the unexpired term exceeds 28 calendar months, in which event, the commission-council shall appoint a qualified person to serve until a successor is elected to serve for the unexpired term as hereinafter provided. When the unexpired term exceeds 28 calendar months, a special election shall be held on the same date as the next succeeding general elec tion to elect a successor for the unexpired term. Any such special election shall be called, held, and conducted in accordance with the applicable provi sions of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Elec tion Code." (b) No person shall fill a vacancy for an unexpired term by appoint ment of the commission-council unless that person receives a majority of the votes of the full commission-council. (c) In the event the office of commissioner-councilman who serves as mayor-chairman becomes vacant for any reason, the commission-council shall elect from its own membership a successor to serve for the unexpired term. The election to fill such vacancy shall be by the affirmative vote of at least five members of the commission-council. The vacancy in the office of the commissioner-councilman who was serving as mayor-chairman shall be filled as provided in this section. Section 8. Five members of the commission-council shall constitute a quorum for the transaction of ordinary business, but the affirmative vote of at least five members shall be required for the commission-council to take official action. Official action of the commission-council shall be entered upon its minutes. Any member of the commission-council shall have the right to request a roll-call vote. Section 9. (a) The bonded indebtedness of the City of Augusta which is outstanding on January 1, 1987, shall become the debt and obligation of a special tax district which shall correspond to and be conterminous with the corporate limits of the City of Augusta as said corporate limits existed on December 31, 1986. The ad valorem taxes imposed by the City of Augusta prior to January 1, 1987, to retire such bonded indebtedness shall continue to be imposed by the commission-council within the special tax district in the same manner and to the same extent that such ad valorem taxes were heretofore imposed by the City of Augusta in accordance with the terms of the obligations of such bonded indebtedness. The commission-council, as the governing authority of the City of Augusta, shall be the successor to the heretofore existing governing authority of the City of Augusta for all pur- MONDAY, FEBRUARY 28, 1983 1769 poses relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders. (b) The bonded indebtedness of Richmond County outstanding on Jan uary 1, 1987, shall not be affected by this Act, and the commission-council, as the governing authority of Richmond County, shall become the successor to the heretofore existing governing authority of Richmond County for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders. Section 10. (a) The following Acts of the General Assembly of Georgia are continued in full force and effect except as modified by the provisions of sections 1, 2, 3, and 4 of this Act: (1) An Act creating a board of commissioners for the County of Richmond, approved August 19, 1907 (Ga. L. 1907, p. 324), as amended. (2) An Act chartering the City of Augusta as the "City Council of Augusta," approved January 31, 1798 (Marbury's Digest, p. 136), as amended. (b) The commission-council shall constitute the governing authority of both Richmond County and the City of Augusta for all purposes under the Acts continued in force and effect by subsection (a) of this section. The commission-council shall exercise and be subject to all of the rights, powers, duties, and obligations heretofore or hereafter applicable to the governing authorities of Richmond County and the City of Augusta by the Acts con tinued in force and effect by subsection (a) of this section and by any gen eral laws, local laws, or constitutional provisions applicable to or effective within Richmond County and the City of Augusta. Section 11. (a) There is created an Urban Services District which shall correspond to and be conterminous with the corporate limits of the City of Augusta as said corporate limits existed on December 31, 1986. (b) There is created a Suburban Services District which shall corre spond to and be conterminous with the unincorporated area of Richmond County as the unincorporated area of Richmond County existed on Decem ber 31, 1986. In addition, the Suburban Services District shall also include the territory embraced within the corporate limits of Hephzibah and the corporate limits of Blythe, exclusive of any territory in Burke County lying and being in the Town of Blythe, as said corporate limits existed on Decem ber 31, 1986. (c) The Urban Services District and the Suburban Services District created by this section shall continue in existence until the commissioncouncil modifies or abolishes such districts by ordinance duly adopted by the commission-council. Section 12. (a) Existing ordinances and resolutions of the board of com missioners of Richmond County and existing rules and regulations of de partments or agencies thereof not inconsistent with the provisions of this Act shall continue to be effective as ordinances and resolutions of the commis- 1770 JOURNAL OF THE SENATE sion-council and as rules and regulations of the appropriate department or agency thereof until they are modified or repealed. (b) Existing ordinances and resolutions of the board of commissioners of Richmond County and existing rules and regulations of departments and agencies of Richmond County which, by their terms or by their operation, were applicable prior to January 1, 1987, throughout the territorial limits of Richmond County shall continue to be effective throughout the territorial limits of Richmond County until such time as the commission-council, by resolution or ordinance, modifies or repeals such ordinances, resolutions, or regulations. (c) Existing ordinances and resolutions of the board of commissioners of Richmond County and existing rules and regulations of departments and agencies of Richmond County which, by their terms or by their operation, were applicable prior to January 1, 1987, only within the unincorporated area of Richmond County shall be effective only in the suburban services district described in subsection (b) of Section 11 of this Act until such time as the commission-council, by resolution or ordinance, modifies or repeals such ordinances, resolutions, rules, or regulations. (d) Existing ordinances and resolutions of the City Council of Augusta which are not inconsistent with the provisions of this Act shall continue to be effective as ordinances and resolutions of the commission-council until they are modified or repealed. (e) Existing ordinances and resolutions of the City Council of Augusta and existing rules and regulations of departments and agencies of the City of Augusta shall be applicable only within the urban services district de scribed in subsection (a) of Section 11 of this Act until such time as the commission-council, by resolution or ordinance, modifies or repeals such or dinances, resolutions, rules, or regulations. Section 13. (a) The budget and tax levy of the board of commissioners of Richmond County and the City Council of Augusta, adopted for calendar year 1987, shall serve as the budget and tax levy of the commission-council for calendar year 1987. (b) The tax assessments made by the board of tax assessors of Rich mond County and the City of Augusta as of January 1, 1987, shall consti tute the basis for the assessment and collection of taxes of the commissioncouncil for calendar year 1987. (c) Amendments to the budget for calendar year 1987 provided by sub section (a) of this section may be made by resolution or ordinance duly adopted by the commission-council during calendar year 1987. (d) Any special services district existing in Richmond County or the City of Augusta in 1986 shall continue to exist until it is modified or abol ished by the commission-council. (e) In assessing ad valorem taxes, the commission-council shall assess within the Urban Services District such additional millage as the governing body shall determine, and which shall be imposed on account of governmen tal services available therein that are not furnished in the Suburban Services MONDAY, FEBRUARY 28, 1983 1771 District. As the commission-council shall from time to time expand these governmental services to areas within the Suburban Services District, such areas shall be included in the Urban Services District and taxed accordingly. (f) For purposes of this section, governmental services shall include fire protection of a higher class, garbage pickup, city water and sewer services, and such other services as may be provided only in the Urban Services District. (g) The commission-council may further divide the Suburban Services District into special service districts wherever additional governmental ser vice or services are furnished but not to the extent as in the Urban Services District. Property within said special service districts shall be assessed with such additional ad valorem taxes as the commission-council may determine on account of said services. (h) It is the purpose of this section that property shall be subject to taxation in relation to services received or available. Section 14. (a) All employees and former employees of Richmond County and the City of Augusta and of every agency, instrumentality, com mission, or authority thereof shall retain those pension rights which had ac crued to them prior to January 1, 1987, under any pension plan adopted by law or by ordinance or resolution by the board of commissioners of Rich mond County or the mayor and City Council of Augusta. The commissioncouncil shall assume on January 1, 1987, all obligations arising under all such pension plans, but the assumption of such obligations by the commis sion-council shall not create any obligations on the part of the commissioncouncil or create any right which did not exist prior to January 1, 1987. (b) This Act shall not result with and shall not be implemented to re sult with the termination of employment of any employees of Richmond County or the City of Augusta or of any agency, instrumentality, commis sion, or authority thereof, but this limitation shall not create or be construed to create any right to continued employment or create any employment con tract which did not exist prior to January 1, 1987. Section 15. The chief law enforcement officer of the commission-council shall be the sheriff of Richmond County. Section 16. The commission council shall afford equal opportunities for employment and promotion to all persons regardless of race, sex, religion, creed, color, or national origin. No reorganization of the delivery of services shall be undertaken that results in reduced employment or employment op portunities for any minority group. Section 17. (a) After their election but prior to their taking office on January 1, 1987, the first commissioners-councilmen elected under Section 3 of this Act and the mayor of the City of Augusta shall constitute a transi tion task force for the purpose of planning and preparing for the assumption of governmental powers by the commission-council on January 1, 1987. The mayor of the City of Augusta shall serve as the chairman of the transition task force. The transition task force shall meet on the call of its chairman 1772 JOURNAL OF THE SENATE for the purpose of planning for and scheduling the initial organization of the government in accordance with the applicable provisions of this Act. (b) The transition task force shall be authorized to make such recom mendations as it deems appropriate for the assumption of governmental powers by the commission-council on January 1, 1987. The transition task force is specifically charged with the responsibility of developing proposed ordinances, including ordinances relating to the creation of special service tax districts, which should be considered for adoption by the commission- council at its first regular meeting held in January, 1987, or at a regular meeting of the commission-council held as soon thereafter as practicable. (c) All officers, officials, and employees of Richmond County and the City of Augusta shall cooperate with and assist the transition task force. The transition task force shall be entitled to examine all records, files, and other data in the possession of Richmond County and the City of Augusta and all officers, officials, and employees and departments thereof. Richmond County and the City of Augusta shall, to the extent possible, provide work ing areas and facilities for the transition task force. (d) The transition task force shall be authorized to receive and expend appropriations from the board of commissioners of Richmond County and from the mayor and City Council of Augusta for the purpose of carrying out its duties, but members of the transition task force shall receive no compen sation for their services as such members. Section 18. Nothing contained in this Act shall be construed so as to amend, modify, or repeal an Act incorporating the Town of Blythe, Georgia, approved August 3, 1920 (Ga. L. 1920, p. 748), or an Act creating a new charter for the City of Hephzibah, approved April 13, 1982 (Ga. L. 1982, p. 4801). Section 19. After the date of the approval of this Act by the Governor, or after its otherwise becomes law, it shall be the duty of the election super intendent of Richmond County to issue the call for an election for the pur pose of submitting this Act to the electors of Richmond County for approval or rejection. The superintendent shall set the date of such election for Tues day, May 3, 1983. The superintendent shall issue the call for such election at least 30 days but not more than 60 days prior to the date of the election. 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 Richmond County. The ballot shall have written or printed thereon the words: "[ ] YES Shall the Act providing for a unified government for the [ ] NO City of Augusta and Richmond County 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 MONDAY, FEBRUARY 28, 1983 1773 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 Richmond 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 20. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Allgood of the 22nd moved that SB 227 be immediately transmitted to the House. On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 227 was immediately transmitted to the House. 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. The Senate Committee on Federal, State and Community Affairs offered the fol lowing amendment: Amend HB 719 by striking lines 23 and 24 on Page 3 in their entirety and substituting in lieu thereof the following: "Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval." 1774 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 48, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The President called for the morning roll call, and the following Senators an swered to their names: Allgood Barker Barnes Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Dawkins Deal English 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 2nd Scott of 36th Starr Stumbaugh Timmons Trulock Turner Tysinger Walker Those not answering were Senators: Bond Bowen Brantley Coggin Coverdell Dean Greene Scott of 43rd Tate Thompson Senator Phillips of the 9th introduced the chaplain of the day, Reverend Robert Woodall, pastor of Mountain Park Baptist Church, Stone Mountain, Georgia, who of fered scripture reading and prayer. MONDAY, FEBRUARY 28, 1983 1775 SENATE RULES CALENDAR Monday, February 28, 1983 THIRTY-SEVENTH LEGISLATIVE DAY HB 163 HB 648 HB 675 HB 439 HB 129 HB 266 HB 363 HB 373 HB 400 HB 356 HB 149 HB 219 HR 158 HB 365 HB 324 HB 633 HB 505 HB 273 HB 608 HB 180 HB 585 HB 424 Appropriations, 1983-84--provide (SUBSTITUTE) (App--12th) MARTA--construction, completion and operation priority (Trns--12th) Garnishment--when pension, retirement subject to (Judy--15th) Architecture Applicants--delete certain provisions on examinations (I&L--19th) Scoliosis--screen public school children (AMENDMENT) (Hum R--42nd) Employees' Retirement System--redefine "annuity savings fund" (Ret--8th) Group Life Insurance--increase maximum coverage for debtors (Ins--54th) Corporations--name not exceed 80 characters (Judy-- 22nd) Medical Intern--no regular exam before year as intern (Hum R--42nd) Hotel-Motel Tax--additional exemption (B&F-- 40th) Garnishment--in certain cases garnishee immediately answer sum mons (Judy--2nd) Public Retirement System Standards Law--provide (SUBSTITUTE) (Ret--8th) Academy Creek Wastewater Treatment Facility--property easement for construction (Pub U--6th) Mechanics' and Materialmen's Liens--change effective date in Code (AMENDMENT) (Judy--12th) Public Utility Company--covering, conveying after-acquired property (SUBSTITUTE) (Judy--52nd) Board of Public Safety--change composition (Pub Saf--33rd) Certain Inmates--no earned-time allowances (Off R--33rd) Employees' Retirement System--redefine "employee" (SUBSTI TUTE) (Ret--8th) Administrative Services Department--financial provisions for semi nars, lectures (Gov Op--25th) Prescription Drugs--tax relief, 62 year olds for sales tax paid (SUB STITUTE) (B&F--23rd) Hospitals--approved disaster preparedness plan (Hum R--27th) Constitutional Executive Office--powers when executive officer dis abled (SUBSTITUTE) (J&CL--26th) 1776 JOURNAL OF THE SENATE HB 507 Hospitals--staff membership, privileges to certain psychologists (SUBSTITUTE) (Hum R--33rd) HB 375 Trademark or Service Mark--increase renewal fee (Judy--22nd) HB 385 License to Carry Certain Firearms--requirements for search of records (Judy--35th) HB 429 Sexual Exploitation of Child--redefine "minor" (AMENDMENT) (J&CL--26th) HB 532 Capital Outlay Funds for Education--average daily attendance pro jections (SUBSTITUTE) (Ed--44th) HB 45 Probate in Solemn Form--mail service of notice of petition (J&CL--48th) HB 485 Richmond County--elections in Augusta (Gov Op--23rd) HR 106 Augusta--conveyance of state owned property (Pub U--22nd) HB 80 Emergency Medical Technicians--render certain services in hospitals (AMENDMENT) (Hum R--10th) HB 436 Superior Court Clerks--change provisions on additional training (Gov Op--10th) HR 15 Bartow County--conveyance of state owned property (Pub U--31st) HR 246 Pleasant Theodore McCutchen, Sr., Bridge--designate (Trns--12th) HB 437 Nursing--provide for reinstatement (Hum R--25th) HB 121 Magistrate Court--provide in each county (SUBSTITUTE) (Judy--49th) Respectfully submitted, /s/ Dean of the 31st, Chairman Senate Rules Committee Senator Starr of the 44th assumed the Chair at the direction of the President. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 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. Senate Sponsor: Senator Holloway of the 12th. MONDAY, FEBRUARY 28, 1983 1777 The Senate Committee on Appropriations offered the following substitute to HB 163: A BILL TO BE ENTITLED AN ACT To make and provide appropriations for the State fiscal year beginning July 1, 1983, and ending June 30, 1984; to make and provide such appropri ations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an 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 State fiscal year beginning July 1, 1983, and ending June 30, 1984, as pre scribed hereinafter for such fiscal year, from funds from the Federal Gov ernment, and the General Funds of the State including unappropriated sur plus and a revenue estimate of $4,018,000,000 for State fiscal year 1984. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch ............. $ Operations ............................. $ Total Funds Budgeted ............... $ State Funds Budgeted ................... $ Budget Unit Object Classes: Operations ............................. $ 15,160,922 15,160,922 15,160,922 15,160,922 15,160,922 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- 1778 JOURNAL OF THE SENATE 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 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 PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court .............. $ 5,828,100 6,012,430 6,012,430 5,478,100 350,000 350,000 350,000 6,012,430 350,000 28 165 2,696,070 MONDAY, FEBRUARY 28, 1983 1779 For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, and their retirement contribu tions. Provided, however, that the sum of $7,500 shall be allocated for the payment of attorneys' fees and legal ex penses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Session, pp. 478-481 (Code Sections 17-12-60 through 17-12-62). Provided, however, that the sum of $10,500 shall be allocated for the cost of Georgia's pro rata share for the operation of the National Center for State Courts. Total Positions Budgeted 59 Section 4. Superior Courts. Budget Unit: Superior Courts .............. $ 21,765,000 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, however, that the listed appropriation shall be increased by the amount of $5,000 per annum for the cost of the habeas corpus clerk. Provided, that of the above appropriation relating to Superior Courts, $473,394 is designated and committed 1780 JOURNAL OF THE SENATE for the Prosecuting Attorneys' Council for operations and $98,121 is designated and committed for the Sentence Review Panel. Provided, however, of the above appropriation $10,000 is designated and committed to permit Judges with less than five years of experience to attend the Judi cial College. Total Positions Budgeted 544 Section 5. Court of Appeals. Budget Unit: Court of Appeals . . $ 2,978,800 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 59 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 698,600 400,000 68,600 230,000 698,600 698,600 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 ............... $ 193,100 For the cost of purchasing and distributing the re ports (decisions) of the appellate courts to Judges, Dis- MONDAY, FEBRUARY 28, 1983 trict Attorneys, Clerks and others as required by Art. 2, Chap. 18 of Title 50. Total Positions Budgeted Section 8. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission ................... For the cost of operating the Judicial Qualifications Commission. Total Positions Budgeted Section 9. Board of Court Reporting. Budget Unit: ............................ $ 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 Council. Budget Unit: ............................ $ For the cost of operating the Georgia Justice Courts Training Council. Total Positions Budgeted Section 12. Georgia Judicial Administrative Districts. Budget Unit: ............................ $ 1781 50,000 16,040 107,200 15,060 500,000 1782 JOURNAL OF THE SENATE For the cost of operating the Georgia Judicial Ad ministrative Districts. Provided, however, that the sum of $50,000 shall be allocated to each district. Total Positions Budgeted 20 PART HI. EXECUTIVE BRANCH Section 13. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ................. $ 11,802,128 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 225,163 6,645 2,500 500 15,750 3,827 17,000 271,385 271,385 6 2. Departmental Administration Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Direct Payments of Georgia Building Authority for Capital Outlay ......................... $ 1,120,891 132,031 14,545 --0-- 12,470 1,283 30,000 231,927 21,354 --0-- --0-- MONDAY, FEBRUARY 28, 1983 1783 Direct Payments 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 850,000 2,414,501 2,194,501 42 Provided, the Department is authorized to utilize $220,000 of previously appropriated funds for the pur pose of the above expenditures. 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 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 .................... $ 868,821 99,718 6,000 --0-- 9,500 1,576 5,667,756 83,576 15,574 34,700 608,800 7,396,021 4,938,359 29 248,634 333,156 1,450 79,654 800 6,517,830 --0-- 7,181,524 1784 JOURNAL OF THE SENATE Total Expenditures Authorized ............. $ State Funds Budgeted .................... $ Total Positions Budgeted 5. Procurement Administration Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 6. General Services Administration Budget: Personal Services ......................... $ Regular Operating Expenses ...............$ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ Total Expenditures Authorized ............. $ State Funds Budgeted .................... $ Total Positions Budgeted 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 7,181,524 --0-- 15 1,180,577 116,592 7,250 ---0-- 35,500 1,325 220,000 195,362 37,135 ---0-- 1,793,741 1,793,741 50 319,752 8,192 6,550 --0-- 10,300 200 19,747 39,153 23,366 --0-- 427,260 427,260 --0-- 13 257,766 8,066 1,500 ---0-- 400 1,000 5,000 25,650 5,018 --0-- --0-- 304,400 304,400 10 MONDAY, FEBRUARY 28, 1983 1785 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 16,882,374 1,457,448 60,000 --0-- 361,000 160,745 305,000 17,598,727 1,768,080 311,779 2,457,662 433,800 41,796,615 41,796,615 2,299,242 661 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 382,258 1,485,418 --0-- 279,500 --0-- 27,000 --4)-- 720 --0-- --0-- 2,174,896 2,174,896 --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 ............. $ 2,500,074 378,661 11,000 68,770 58,770 56,000 164,606 186,528 385 5,000 29,101,171 32,530,965 32,530,965 1786 JOURNAL OF THE SENATE State Funds Budgeted .................... $ Total Positions Budgeted 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 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 ............. $ --0-- 108 1,413,798 1,555,797 115,000 158,209 400,000 3,642,804 3,642,804 --0-- 69 736,104 275,487 24,349 --0-- 17,500 3,600 1,500 6,000 13,758 25,000 12,000 27,512 1,142,810 ---0-- 39 164,486 118,845 10,000 1,660 11,997 306,988 306,988 MONDAY, FEBRUARY 28, 1983 1787 State Funds Budgeted ........ Total Positions Budgeted 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 543,432 24,506 24,500 7,000 3,000 2,900 73,000 63,829 15,052 ---0-- 20,000 777,219 777,219 --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........................ $ 26,844,130 6,000,562 158,194 365,270 508,940 373,739 6,486,609 2,866,435 447,248 523,300 17,598,727 27,512 2,457,662 --0-- --0-- 850,000 --0-- 29,101,171 6,942,830 608,800 1788 JOURNAL OF THE SENATE Total Positions Budgeted Authorized Motor Vehicles 1,096 285 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 ...................................$ 427,260 39,496,873 2,174,896 32,530,965 3,642,804 78,272,798 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 ..................... $ 11,247,283 3,003,425 4,000 18,140 22,000 86,053 MONDAY, FEBRUARY 28, 1983 1789 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 --0-- 44,052 59,000 87,500 --0-- 653,234 6,290,000 --0-- 21,514,687 --0-- 518 Budget Unit Object Classes: Personal Services ......................... $ 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 11,247,283 3,003,425 4,000 18,140 22,000 86,053 ---0-- 44,052 59,000 87,500 --0--653,234 6,290,000 --0-- 518 39 The Authority is authorized to increase the amount budgeted for Facilities Renovations and Repairs by such amounts as are approved for other Agencies or 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.................... $ 22,117,100 1. Plant Industry Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel .............................$ 3,421,000 312,910 110,000 1790 JOURNAL OF THE SENATE Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts .............$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 2. Animal Industry Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Athens Veterinary Laboratory Contract .............................. $ Tifton Veterinary Laboratory Contract .............................. $ Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston, Statesboro and Tifton ................... $ Veterinary Fees .......................... $ Indemnities.............................. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 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 .................... $ 58,448 26,000 43,000 --0-- 2,553 43,234 800 4,017,945 3,540,678 168 1,251,000 128,170 40,000 44,072 9,000 400 --0-- --0-- 51,227 75,000 451,492 832,059 987,850 525,000 75,000 --0-- 4,470,270 4,115,414 56 963,000 163,660 46,000 7,365 12,000 4,083 --0-- --0-- 39,180 27,000 60,000 --0-- 1,322,288 MONDAY, FEBRUARY 28, 1983 1791 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 ............. $ Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets..................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 5. General Agricultural Field Forces Budget: Personal Services ......................... $ Regular Operating Expenses ...............$ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 6. Internal Administration Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ 1,317,288 40 1,823,000 788,797 11,000 14,640 6,000 9,900 ---0-- --0-- 41,463 35,000 20,200 100,000 2,850,000 50,000 103 2,055,000 111,010 171,200 70,532 4,000 2,000 ---0-- 3,600 17,022 ---0-- 2,434,364 2,434,364 108 1,317,000 276,027 25,000 29,224 13,000 6,000 166,099 579,593 33,588 1,000 1792 JOURNAL OF THE SENATE 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 ................... $ 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 ............. $ 20,000 277,700 2,744,231 2,664,013 54 152,000 14,300 550 --0-- 421,960 1,550 6,781 676,000 1,273,141 1,273,141 9 1,310,000 253,465 85,100 32,194 6,000 12,800 16,077 1,715,636 1,711,636 71 738,000 65,790 13,000 51,555 3,800 900 --0-- --0-- 19,679 1,500 MONDAY, FEBRUARY 28, 1983 1793 Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 894,224 894,224 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 3,180,000 129,790 150,000 51,555 7,000 12,520 --0-- 6,800 35,717 ---0-- 3,573,382 2,880,350 126 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 2,665,000 78,936 145,000 58,920 2,000 942 --0-- --0-- 20,212 118,970 3,089,980 1,235,992 122 12. 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 185,681 3,700 4,000 193,381 8 1794 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 ............. $ 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 .............. $ Renovation, Construction, Repairs and Maintenance Projects at Major Markets ............. $ Contract--Federation of Southern Cooperatives .................. $ Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles 19,060,681 2,326,555 800,850 418,505 510,760 94,095 166,099 592,546 324,180 244,470 676,000 --0-- 451,492 832,059 987,850 525,000 75,000 95,000 277,700 --0-- 100,000 20,000 --0-- 894 259 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 MONDAY, FEBRUARY 28, 1983 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. Provided, that the Athens and Tifton Veterinary Laboratories are authorized to charge reasonable testing fees only for export swine and cattle. 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 1795 --0-- 433,156 100,039 6,850 9,265 5,775 1,600 --0-- --0-- 5,800 47,822 --0-- 82,000 692,307 ---0-- 27 433,156 100,039 6,850 9,265 5,775 1,600 --0-- --0-- 5,800 47,822 --0-- 82,000 27 5 1796 JOURNAL OF THE SENATE 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 Budget Unit Object Classes: Personal Services......................... $ Regular 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 3,372,762 2,781,000 154,147 252,000 ---0-- 19,550 5,700 300 127,800 30,265 2,000 3,372,762 3,372,762 102 2,781,000 154,147 252,000 --0-- 19,550 5,700 300 127,800 30,265 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 ........ $ 4,413,420 540,793 38,100 10,000 --0-- MONDAY, FEBRUARY 28, 1983 1797 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 ...................... $ Per Diem, Fees and Contracts ............. $ Juvenile Justice Grants (Federal) ....................... $ 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................. $ Appalachian Regional Commission Matching Grants ....................... $ Economic Development Grants ............. $ 6,750 ---0-- --0-- 39,297 11,220 12,500 50,000 --0-- 1,282,500 50,000 25,000 2,066,160 2,015,109 18 687,550 24,775 39,250 --0-- 8,900 400 1,000 52,396 20,650 23,925 1,000,000 1,858,846 795,079 24 895,075 23,545 52,500 --0-- 10,000 350 --0-- 65,495 24,900 5,000 89,777 25,000 270,000 1798 JOURNAL OF THE SENATE Appalachian Regional Commission Grants (Federal) ....................... $ Community Development Block Grants (Federal) ....................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 8,500,000 42,000,000 51,961,642 1,179,694 29 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 461,775 11,868 16,710 --0-- 18,450 ---0-- 5,600 30,565 13,100 3,180 561,248 423,538 14 Budget Unit Object Classes: Personal Services ......................... $ 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 Matching Grants ....................... $ Economic Development Grants ............. $ Appalachian Regional Commission Assessment............................ $ Multi-State Transportation Board. .......... $ Appalachian Regional Commission Grants (Federal) ....................... $ Community Development Block Grants (Federal) ....................... $ 2,585,193 98,288 118,460 --0-- 44,100 750 6,600 187,753 69,870 44,605 50,000 1,350,000 25,000 50,000 25,000 270,000 89,777 --0-- 8,500,000 42,000,000 MONDAY, FEBRUARY 28, 1983 1799 Juvenile Justice Grants (Federal) ....................... $ Total Positions Budgeted Authorized Motor Vehicles 1,000,000 85 4 B. Budget Unit: Georgia Residential Finance Authority ...................... $ --0-- 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 1,900,951 219,738 76,836 47,000 46,441 108,610 14,600 138,486 280,078 66,599 11,000,000 500,000 14,399,339 --0-- 78 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 1,900,951 219,738 76,836 47,000 46,441 108,610 14,600 138,486 280,078 66,599 11,000,000 500,000 78 29 Section 17. Office of Comptroller General. Budget Unit: Office of Comptroller General...................... . $ 5,965,686 1800 JOURNAL OF THE SENATE 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 4. Information and Enforcement Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel..................................$ 527,805 98,537 6,109 --0-- 7,000 --0-- 108,304 114,189 21,893 ---0-- 883,837 871,837 20 1,023,255 67,891 5,683 ---0-- 95,000 1,000 44,768 144,925 24,909 --0-- 1,407,431 1,321,437 46 370,104 20,572 14,810 24,000 5,000 1,000 --0-- 19,871 7,000 --0-- 462,357 462,357 13 995,184 40,000 19,778 MONDAY, FEBRUARY 28, 1983 1801 Motor Vehicle Equipment Purchases ........ $ Publications 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 16,000 4,366 1,200 --0-- 119,288 32,826 500 1,229,142 1,229,142 43 2,063,240 113,000 126,150 32,000 14,000 2,172 --0-- 71,052 20,299 14,000 2,455,913 2,080,913 101 4,979,588 340,000 172,530 72,000 125,366 5,372 153,072 469,325 106,927 14,500 223 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 ........ $ 2,979,826 645,816 45,986 2,580 --0-- 1802 JOURNAL OF THE SENATE 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 ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 3,500 400 --0-- --0-- 2,065 10,000 --0-- 710,347 634,673 21 904,074 113,949 30,000 ---0-- 20,900 1,095 --0-- 5,960 40,150 62,040 22,900 40,000 40,000 --0-- 1,281,068 488,591 36 1,171,071 299,130 300 1,350 678,669 2,150,520 293,071 56 MONDAY, FEBRUARY 28, 1983 1803 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 1,616,523 609,315 3,250 --0-- 16,300 17,000 --0-- --0-- 26,000 11,500 567,700 991,716 18,000 411,000 75,000 4,363,304 1,563,491 83 Budget Unit Object Classes: Personal Services ......................... $ Regular 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 4,337,484 1,068,380 36,130 --0-- 42,050 18,495 --0-- 5,960 68,215 83,540 1,269,269 --0-- 411,000 18,000 40,000 991,716 40,000 --0-- 75,000 196 20 1804 JOURNAL OF THE SENATE Section 19. State Board of Education -- Department of Education. A. Budget Unit: Department of Education ............................. $1,407,667,253 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 4,233,625 789,125 252,670 --0-- 193,885 10,000 354,680 114,140 51,000 3,575 6,002,700 --0-- 3,641,185 163 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 284,660 24,350 3,395 --0-- 1,600 3,625 --0-- 5,570 454,020 777,220 777,220 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 .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 2,853,395 264,465 204,775 ---0-- 63,240 12,640 302,845 92,980 1,514,775 14,275 5,323,390 2,130,780 101 4. Public Library Services Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ 817,490 179,655 MONDAY, FEBRUARY 28, 1983 1805 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......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing.................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ 13,800 10,180 --0-- 124,000 37,320 90,500 14,510 1,287,455 724,095 41 971,595 296,895 37,500 9,000 11,620 7,800 206,120 26,720 178,950 1,746,200 1,376,795 31 4,627,785 214,300 217,965 --0-- 186,985 2,700 685,965 636,825 102,600 643,950 6,895 7,325,970 --0-- 4,933,930 186 582,095 31,350 1,390 --0-- 4,650 1,825 --0-- 1806 JOURNAL OF THE SENATE 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 ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 17,525 638,835 616,210 31 2,007,620 82,160 80,000 --0-- 74,550 6,050 333,345 52,975 1,315,010 3,951,710 3,339,730 65 60,635 7,560 2,000 6,000 --0-- 5,900 3,500 40,000 125,595 125,595 2 66,535 11,710 4,825 ---0-- 8,500 3,400 --0-- 8,000 3,585 20,000 126,555 --0-- 2 MONDAY, FEBRUARY 28, 1983 1807 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 240,615 9,810 12,640 9,200 700 10,000 --0-- 25,140 5,930 55,000 369,035 369,035 7 12. Local Programs Budget: APEG Grants: Salaries of Instructional Personnel Code Section 20-2-157(a) ......................... $ 621,777,420 Salaries of Instructional Personnel Code Section 20-2-152 ..................... $ 108,657,882 Salaries of Instructional Personnel Code Section 20-2-153 ..................... $ 26,893,935 Salaries of Student Supportive Personnel.................. $ 26,559,567 Salaries of Administrative and Supervisory Personnel ........................... $ 72,298,915 Special Education Leadership Personnel ................. $ 3,436,085 Instructional Media..................... $ 21,331,800 Instructional Equipment................. $ 740,141 Maintenance and Operation. ............. $ 99,548,400 Sick and Personal Leave ................ $ 5,925,500 Travel ................................$ 1,085,541 Pupil Transportation .................... $ 91,979,072 Isolated Schools ........................ $ 558,502 Total Funds Budgeted .................. $1,080,792,760 Less RLE Funds Budgeted .............. $ (78,550,000) State Funds Budgeted .................. $1,002,242,760 Non-APEG Grants: Education of Children of Low-Income Families ................. $ 75,364,111 Teacher Retirement .................... $ 108,577,134 Instructional Services for the Handicapped ..................... $ 22,688,126 1808 JOURNAL OF THE SENATE Preparation of Professional Personnel in Education of Handicapped Children .............. $ 43,775 Tuition for the Multi- handicapped ......................... $ 1,172,000 Severely Emotionally Disturbed ........................... $ 16,024,487 Compensatory Education ................ $ 16,526,420 School Lunch (Federal) ................. $ 78,851,316 School Lunch (State) ................... $ 16,769,483 Staff Development...................... $ 739,750 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification ................... $ 3,559,235 Special Project Grants .................. $ --0-- Cooperative Educational Service Agencies ..................... $ 3,869,339 Superintendents' Salaries ................ $ 4,949,007 High School Program ................... $ 28,556,976 Area Vocational-Technical Schools ............................. $ 54,964,546 Junior College Vocational Program ............................ $ 1,729,709 Quick Start Program ................... $ 2,800,000 Comprehensive Employment and Training ........................ $ 2,290,000 Vocational Research and Curriculum.......................... $ 491,539 Adult Education ....................... $ 3,170,411 Salaries and Travel of Public Librarians..................... $ 4,381,670 Public Library Materials ................ $ 3,575,228 Talking Book Centers ................... $ 684,527 Public Library Maintenance and Operation ....................... $ 2,714,607 Public Library Construction .............$ 441,995 Instructional Aides ..................... $ 9,758,903 Teacher Health Insurance ............... $ 34,155,435 Capital Outlay ......................... $ --0-- Grants to Local School Systems for Educational Purposes ............................ $ 78,000,000 Salaries of Extended Pre-School Personnel.................. $ 10,478,648 Chapter II--Block Grant Flow Through ....................... $ 8,702,655 Child Care Lunch Program ............................ $ 1,000,000 Total Funds Budgeted .................... $1,599,273,792 State Funds Budgeted .................... $1,389,632,678 Total Positions Budgeted 0 MONDAY, FEBRUARY 28, 1983 1809 Budget Unit Object Classes: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ 16,746,050 1,911,380 830,960 18,200 561,910 58,040 685,965 1,996,855 462,845 4,363,205 39,255 APEG Grants: Salaries of Instructional Personnel Code Section 20-2-157(a) ......................... $ 621,777,420 Salaries of Instructional Personnel Code Section 20-2-152 ............................ $ 108,657,882 Salaries of Instructional Personnel Code Section 20-2-153 ............................ $ 26,893,935 Salaries of Student Supportive Personnel.................. $ 26,559,567 Salaries of Administrative and Supervisory Personnel ........................... $ 72,298,915 Special Education Leadership Personnel ................. $ 3,436,085 Instructional Media. .................... $ 21,331,800 Instructional Equipment................. $ 740,141 Maintenance and Operation.............. $ 99,548,400 Sick and Personal Leave ................ $ 5,925,500 Travel ................................$ 1,085,541 Pupil Transportation-- Regular............................. $ 91,979,072 Isolated Schools ........................ $ 558,502 Total Funds Budgeted .................. $1,080,792,760 Less RLE Funds ....................... $ (78,550,000) State Funds Budgeted .................. $1,002,242,760 Non-APEG Grants: Education of Children of Low-Income Families ................. $ 75,364,111 Teacher Retirement .................... $ 108,577,134 Instructional Services for the Handicapped ..................... $ 22,688,126 1810 JOURNAL OF THE SENATE Preparation of Professional Personnel in Education of Handicapped Children .............. $ Tuition for the Multihandicapped ......................... $ Severely Emotionally Disturbed ........................... $ Compensatory Education ................ $ School Lunch (Fed.).................... $ School Lunch (State) ................... $ Staff Development...................... $ Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification ................... $ Cooperative Educational Service Areas ........................ $ Superintendents Salaries................. $ High School Program ................... $ Area School Program ................... $ Junior College Program ................. $ Quick Start ........................... $ Special Projects ........................ $ 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.................. $ Child Care Lunch Program (Federal) ................... $ Chapter II--Block Grant Flow Through ....................... $ Total Positions Budgeted Authorized Motor Vehicles 43,775 1,172,000 16,024,487 16,526,420 78,851,316 16,769,483 739,750 3,559,235 3,869,339 4,949,007 28,556,976 54,964,546 1,729,709 2,800,000 --0-- 2,290,000 491,539 3,170,411 4,381,670 3,575,228 684,527 2,714,607 441,995 9,758,903 34,155,435 --0-- 78,000,000 --0-- 10,478,648 1,000,000 8,702,655 631 6 MONDAY, FEBRUARY 28, 1983 1811 B. Budget Unit: Institutions .................. $ 1. Georgia Academy for the Blind Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities..... ............................ $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 2. Georgia School for the Deaf Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 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 ......................... $ 15,221,215 2,531,380 227,085 2,800 8,000 2,845 16,860 15,595 7,700 186,150 10,000 3,008,415 2,732,190 149 4,474,575 561,800 9,000 ---0-- --0-- 12,220 17,650 12,650 408,460 ---0-- 5,496,355 5,154,545 249 1,900,340 206,275 7,500 --0-- 1,500 15,800 27,365 81,865 126,410 --0-- 2,367,055 2,151,100 93 2,464,160 1812 JOURNAL OF THE SENATE 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 679,030 10,000 30,600 4,000 95,440 17,375 --0-- 340,080 105,000 3,745,685 2,778,315 104 5. South Georgia Vocational-Technical School Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities................................. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 1,957,155 516,850 14,475 20,000 2,500 108,395 26,950 11,750 322,140 15,000 2,995,215 2,405,065 90 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 13,327,610 2,191,040 43,775 58,600 10,845 248,715 104,935 113,965 1,383,240 130,000 685 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. MONDAY, FEBRUARY 28, 1983 1813 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 $12,202 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 further that for the purpose of mid-term adjustment in grades 1 through 7 additional units shall be the difference between the total earned and total allotted in those grades. 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- 1814 JOURNAL OF THE SENATE 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. Furthefmore, the 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 cur rent 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 Code Section 20-2-157(b)(2) and Code Section 20-2-160. Provided, that of the above appropriation for $739,750 for Staff Development, $73,975 is designated and committed to fund a State level staff development program specifically for Special Education Teachers Code Section 20-2-152 utilized in programs for intellec tually gifted students, and to assist in the development of a State program plan for gifted students by the State Su perintendent of Schools. Provided, that of the above appropriations relative to APEG Code Sections 20-2-152, 20-2-153, 20-2-157, 202-181, and 20-2-181(d)(2) for salaries, funds may be moved between said Sections by an amendment to the an nual operating budget during the final month of the State fiscal year with the prior approval of the Office of Plan ning and Budget. Provided, that of the above appropriation relative to Compensatory Education, $16,526,420 is designated and committed for a compensatory education program for students in grades three through eleven and shall be used for remedial purposes only. The local system's Compensa tory Education Plan shall provide for a program of remediating those students who have failed, or are at risk of failing, the fourth and eighth grade Georgia Criterion Referenced Tests and the tenth grade Georgia Basic Skills Test. Provided, however, where a local system's Compensatory Education Plan justifies the need, the State Board of Education may approve the usage of these funds for remedial purposes in grades one and two. MONDAY, FEBRUARY 28, 1983 1815 Funds shall be distributed on the basis of the num ber of students in grades four, eight, and ten failing to achieve the minimum standard score on the statewide reading and mathematics test administered to all students enrolled at these grade levels. Provided, that the funds appropriated herein for lo cal school construction shall be used to complete the funding of those projects for which S.F.Y. 1984 entitle ments were sufficient to cover eligible projects Code Sec tion 20-2-250, based on a total state entitlement of $100 million for S.F.Y. 1984. Provided, that of the funds appropriated for the High School Program, Comprehensive High Schools or Vocational Schools may use funds for the purpose of re pairing existing equipment in lieu of purchasing new equipment without prior approval of the Department of Education. Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System ...............................$ 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 ...................... $ 8,342,714 582,335 14,139 8,400 --0-- 20,000 2,000 126,082 74,046 11,633 432,400 48,000 8,342,714 9,661,749 8,342,714 28 582,335 14,139 8,400 --0-- 20,000 2,000 126,082 74,046 11,633 1816 JOURNAL OF THE SENATE Per Diem, Fees and Contracts ............ $ Postage .................................$ Employer Contribution .................... $ Total Positions Budgeted Authorized Motor Vehicles 432,400 48,000 8,342,714 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 ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ 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 ..................... S 22,751,727 942,195 901,155 5,030 22,445 2,325 16,845 --0-- --0-- 8,870 12,810 1,911,675 526,835 34 15,789,000 3,772,305 87,400 924,435 23,300 1,449,795 --0-- 18,212 495,000 28,070 60,000 --0-- 22,647,517 20,582,517 794 683,700 96,520 14,500 6,530 43,500 2,350 MONDAY, FEBRUARY 28, 1983 1817 Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Contractual Research ..................... $ Payments to the University of Georgia, School of Forestry for Forest Research .................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 131,875 --0-- 20,000 3,800 200,000 300,000 1,502,775 1,502,375 25 4. Wood Energy Budget: Wood Energy Program.................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 140,000 140,000 140,000 4 Budget Unit Object Classes: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing.................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Contractual Research ..................... $ Payments to the University of Georgia, School of Forestry for Forest Research .................... $ Ware County Grant ...................... $ Wood Energy Program.................... $ Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles 17,414,895 4,769,980 106,930 953,410 69,125 1,468,990 131,875 18,212 523,870 44,680 200,000 300,000 60,000 140,000 --0-- 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 and to contract with Southern Forest World, Inc. Section 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation........................... $ 19,413,515 1818 JOURNAL OF THE SENATE 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 .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 3. Drug Enforcement Unit Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing.................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contacts ..............$ Postage .................................$ Evidence Purchased ...................... $ Total Funds Budgeted .................... $ 550,600 97,450 6,500 8,600 4,000 1,650 6,630 31,000 22,440 3,200 5,500 --0-- 737,570 737,570 21 6,280,296 860,124 91,300 457,400 21,500 236,540 --0-- 120,310 174,472 2,600 112,000 5,400 --0-- 8,361,942 ---0-- 8,361,942 203 1,297,697 228,200 332,700 192,550 1,500 302,935 ---0-- 14,500 67,428 400 1,320 188,000 2,627,230 MONDAY, FEBRUARY 28, 1983 1819 State Funds Budgeted .................... $ 2,627,230 Total Positions Budgeted 59 4. 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 2,504,830 415,206 25,000 42,500 5,600 41,350 56,311 14,840 81,200 500 19,000 --0-- 3,206,337 3,206,337 89 5. 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 1,896,369 107,598 11,000 16,000 50,000 7,325 1,896,944 4,000 471,200 --0-- 20,000 4,480,436 ---0-- 4,480,436 97 Budget Unit Object Classes: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing.................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............ $ Evidence Purchased ...................... $ 12,529,792 1,708,578 466,500 717,050 82,600 589,800 1,959,885 184,650 816,740 6,700 300,000 1820 JOURNAL OF THE SENATE Postage ................. Capital Outlay........... Total Positions Budgeted Authorized Motor Vehicles 51,220 469 289 Provided, the Department is authorized to use $3,700,000 in existing bond proceeds for permanent and moveable furnishings, landscaping, signing, scientific equipment and laboratory equipment. Section 23. Georgia State Financing and Investment Commission. Budget Unit: Georgia State Financing and Investment Commission ................. $ Departmental Operations Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ Total Expenditures Authorized ............. $ State Funds Budgeted .................... $ Total Positions Budgeted Budget Unit Object Classes: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing.................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Positions Budgeted Authorized Motor Vehicles --0-- 830,000 40,200 8,000 --0-- 1,000 4,000 17,431 80,617 13,248 122,000 1,116,496 1,116,496 --0-- 25 830,000 40,200 8,000 --0-- 1,000 4,000 17,431 80,617 13,248 122,000 25 0 Section 24. Office of the Governor. A. Budget Unit: Governor's Office . 4,410,130 MONDAY, FEBRUARY 28, 1983 1821 Governor's Office Budget: Cost of Operations ....................... $ Mansion Allowance ...................... $ Governor's Emergency Fund ............... $ Intern Stipends and Travel ................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ 1,853,000 40,000 2,000,000 118,500 4,011,500 4,011,500 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 ....................... $ Mansion Allowance....................... $ Governor's Emergency Fund ............... $ Intern Stipends and Travel ................$ Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ 359,742 9,000 10,500 1,075 69,913 8,400 10,000 468,630 398,630 15 1,853,000 40,000 2,000,000 118,500 359,742 9,000 10,500 ---0-- 1,075 1822 JOURNAL OF THE SENATE 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............................ $ Office of Planning and Budget Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications 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 C. Budget Unit: Units Attached for Administrative Purposes Only ......................... $ 1. Council of the Arts Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ S Publications and Printing .................. $ --0-- --0-- 69,913 8,400 10,000 15 1 3,360,748 2,716,253 100,200 65,600 ---0-- 36,200 --0-- 104,780 190,840 50,875 111,000 3,375,748 3,360,748 83 2,716,253 100,200 65,600 --0-- 36,200 --Q-- 104,780 190,840 50,875 111,000 83 0 3,490,731 157,775 8,545 3,060 --Q-- 4,500 MONDAY, FEBRUARY 28, 1983 1823 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 2. 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 3. 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 4. 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 ....................... $ --0-- --0-- 39,600 8,270 9,000 1,368,806 285,000 26,000 1,910,556 1,599,556 8 984,000 34,125 11,000 ---0-- 6,000 ---0-- 14,400 155,822 100,000 4,000 1,309,347 984,007 42 232,599 14,500 17,500 23,500 12,300 4,532,208 4,832,607 154,157 9 121,699 11,200 2,150 --0-- 8,700 ---0-- 5,000 1824 JOURNAL OF THE SENATE Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 5. 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 6. 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................ $ 7,078 2,600 4,050 162,477 162,477 4 282,030 11,000 3,000 --0-- 700 --0-- --0-- 15,863 5,200 30,000 347,793 347,793 10 171,133 11,015 8,575 4,500 28,768 3,800 14,950 242,741 242,741 5 1,949,236 90,385 45,285 ---0-- 47,900 --0-- 19,400 247,131 132,170 4,594,208 1,368,806 285,000 MONDAY, FEBRUARY 28, 1983 1825 Art Grants--Donations . . . Total Positions Budgeted Authorized Motor Vehicles 26,000 78 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 ......................... $ 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 ................ $ 254,908,009 General Administration and Support Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ 13,962,500 3,297,570 487,775 --0-- 150,600 3,165 1,273,108 1826 JOURNAL OF THE SENATE 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 3,625,490 611,475 943,300 170,900 552,050 --0-- 25,077,933 --0-- --0-- 11,344,115 934,000 12,799,818 680 7 General Administration and Support Functional Budgets Total Funds Commissioner's Office .... $ 546,625 Child Care Licensing .... $ 1,297,024 Laboratory Improvement . $ 497,330 Child Support Recovery . . $ 6,714,612 Contract Management ... $ 182,455 Public Affairs........... $ 360,700 Office of Administrative Appeals .............. $ 788,795 Health Care Facilities Regulations........... $ 1,646,535 Radiological Health ..... $ 479,190 Administrative Policy, Coordination and Direction ......... $ 2,416,755 Personnel .............. $ 1,025,500 Administrative Support Services.............. $ 2,025,700 Office of Review and Investigation ...... $ 1,391,602 Systems Planning, Development and Training ............. $ 280,800 Compliance Monitoring . . $ 225,550 Electronic Data Processing, Planning and Coordination.......... $ 305,346 Facilities Management ... $ 3,920,964 Regulatory Services-- Program Direction and Support .......... $ 308,100 MH/MR Advisory Council $ 44,850 Council on Family Planning ............. $ 8,800 Developmental Disabilities $ 219,700 State Funds Pos. $ 546,625 13 1,297,024 50 397,330 17 863,000 306 182,455 6 360,700 12 788,795 25 538,035 52 479,190 15 $ 2,416,755 4 $ 953,500 42 $ 2,009,900 51 $ 272,652 41 $ 280,800 $ 225,550 $ 305,346 $ 2,982,331 308,100 44,850 880 MONDAY, FEBRUARY 28, 1983 1827 Council on Maternal and Infant Health......... $ Community and Intergovern mental Affairs ........ $ Indirect Cost ........... $ Undistributed ........... $ Total .................. $ 96,750 294,250 --0-- --0-- 25,077,933 $ 96,750 3 $ 294,250 8 $ (2,845,000) 0 $ --0-- 0 $ 12,799,818 680 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 5,584,100 138,700 184,600 ---0-- 25,000 4,196 105,000 4,100 1,000 15,000 --0--75 --0-- 6,061,771 721,800 1,649,200 3,690,771 240 --0-- Financial Management Functional Budgets Total Funds Budget Administration ... $ 1,238,900 Accounting Services ..... $ 3,129,915 Auditing Services ....... $ 1,692,956 Indirect Cost ........... $ --0-- Undistributed........... $ --0-- Total ..................$ 6,061,771 State Funds Pos. $ 1,238,900 40 $ 3,129,915 149 $ 1,692,956 51 $ (2,371,000) 0 $ --0-- 0 $ 3,690,771 240 3. Special Programs Budget: Personal Services........................ $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ 3,603,364 12,803,054 162,660 --0-- 80,210 2,293 278,980 27,456 108,725 1828 JOURNAL OF THE SENATE Per Diem, Fees and Contracts ............. $ Menninger Group Homes. ................. $ Project Rescue........................... $ Contract--Georgia Advocacy Office, Inc. ................... $ Local Assistance Grants................... $ Utilities .................................$ Postage .................................$ Benefits for Child Care ................... $ Total Funds Budgeted .................... $ Social Services Block Grant Funds ..................... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted ................... $ Total Positions Budgeted Authorized Motor Vehicles 34,493,347 366,000 11,900 215,000 460,000 --0-- 42,900 691,200 53,347,089 15,570,723 --0-- 30,153,243 7,623,123 154 111 Special Programs Functional Budgets Total Funds SJtate Funds Pos. Alternative Health Services $ 971,300 $ 312,200 40 Human Development, Director's Office ....... $ 725,000 s 725,000 23 Child Development Administration ........ $ 959,810 $ 257,886 34 Child Development Contracts--Foster Care $ 302,365 $ 25,965 0 Special Projects ......... $ 597,900 $ 597,900 0 Child Development Contracts--Day Care . . $ 19,961,060 $ 3,139,030 Child Development Contracts -- Home Management ......... $ 161,447 s 23,899 Child Development Contracts--Outreach... $ 773,680 $ 124,728 0 Information and Referral . $ 325,340 $ 325,340 0 Troubled Children Benefits $ 1,057,200 $ 1,057,200 0 Council on Aging ....... $ 44,745 $ 44,745 1 Energy Assistance ....... $ 16,267,091 $ 6 Social Services Grant Administration . . $ Community Services ..... $ 1,016,799 9,656,452 $IS 462,330 35 15 Undistributed ........... $ 526,900 * 526,900 0 Total .................. $ 53,347,089 $ 7,623,123 154 4. Public Health--Program Direction and Support Budget: Personal Services ................... Regular Operating Expenses ......... Travel ............................. Motor Vehicle Eauioment Purchases . . $ 2,423,100 $ 130,020 $ 59,800 MONDAY, FEBRUARY 28, 1983 1829 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 52,800 13,000 321,816 212,680 12,400 1,200 3,226,816 135,000 3,091,816 112 0 Public Health--Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office. ...$ 526,050 $ 526,050 7 Employee's Health ...... $ 257,260 $ 222,260 9 Primary Health Care .... $ 217,330 $ 217,330 7 Health Program Management ......... $ 625,800 $ 540,800 25 Vital Records........... $ 988,800 $ 973,800 52 Health Services Research .$ 611,576 $ 611,576 12 Undistributed........... $ --0-- $ --0-- 0 Total ..................$ 3,226,816 $ 3,091,816 112 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 Rental ....................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Crippled Children Clinics ................. $ 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.................... $ 5,659,727 2,058,895 254,350 --0-- 145,500 22,110 117,090 1,740 46,200 6,655,524 316,000 --0-- 16,800 3,879,000 2,860,000 594,000 2,015,000 100,000 1830 JOURNAL OF THE SENATE 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 Auditory Educational Clinic............ 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 25,000 40,000 113,000 60,000 205,000 115,000 226,530 Public Health--Family Health Functional Budgets Total Funds State Funds Pos. Family Health Management ................... $ Cancer Control ......... $ Crippled Children ....... $ Immunization........... $ Maternal Health ........ $ 6,219,374 2,662,080 4,742,400 349,840 243,975 $$$$$ 551,875 2,662,080 2,664,798 -----o0---- 21 6 54 10 6 Sexually Transmitted Diseases ............. $ 213,100 $ 213,100 6 Infant and Child Health . $ Diabetes ............... $ Chronic Disease......... $ 4,578,250 131,050 1,552,650 $$$ 4,464,319 45,750 1,552,650 13 3 21 Coordination, Education, Prevention . . $ Malnutrition............ $ 627,920 536,600 $$ -- 0-- --0-- 7 13 Stroke and Heart Attack Prevention............ $ Family Planning ........ $ Epidemiology ........... $ 143,150 940,490 981,927 $$$ 143,150 56,430 823,742 5 14 10 Dental Health .......... $ 125,500 $ 125,500 3 Community Tuberculosis Control .............. $ 1,098,160 Undistributed ........... $ 380,000 Total .................. $ 25,526,466 $$ 1,098,160 380,000 $ 14,781,554 23 0 215 6. Public Health--Community Health Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ 3,100,900 478,520 48,900 MONDAY, FEBRUARY 28, 1983 1831 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 63,350 61,701 20,000 5,750 714,547 13,300 4,506,968 Public Health--Community Health Functional Budgets Total Funds State Funds Pos. Occupational and Radiological Health ... $ 796,822 $ 258,050 6 Laboratory Services...... $ 3,158,046 $ 2,983,046 119 Emergency Health ......$ 522,100 $ 461,600 12 Undistributed........... $ 30,000 $ 30,000 0 Total .................. $ 4,506,968 $ 3,732,696 137 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 .................................$ Crippled Children Clinics ................. $ 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 ................... $ 13,207,134 22,478,699 481,050 --0-- 31,400 56,193 ---0-- 173,370 184,650 11,893,589 2,000 32,150 238,572 4,500,000 45,000 75,000 175,000 1,407,200 250,000 1832 JOURNAL OF THE SENATE 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 3,780,000 32,457,329 91,468,336 --0-- 41,785,609 49,682,727 540 2 Public Health--Local Services Functional Budgets Total Funds Minimum Foundation... $ 6,694,856 Grant-In-Aid to Counties. $ 32,555,000 Stroke and Heart Attack Prevention ..... $ 1,109,420 Family Planning ........$ 5,927,050 Sickle Cell, Vision and Hearing.......... $ 408,790 Sexually Transmitted Diseases ............. $ 1,054,050 High Risk Pregnant Women and Their Infants ..... $ 4,304,600 Newborn Follow-Up Care $ 290,650 District Dental.......... $ 1,142,185 Teenage Pregnancy Prevention............ $ 250,000 District Crippled Children $ 2,513,483 Emergency Health .......$ 1,315,900 Primary Health Care .... $ 7,478,723 Malnutrition............ $ 26,185,629 Undistributed........... $ 238,000 Total .................. $ 91,468,336 State Funds Pos. $ 6,645,400 191 $ 30,695,212 0 $ 579,420 18 $ 2,890,783 177 $ 408,790 15 $ 85,000 27 $ 4,304,600 19 $ 290,650 11 $ 932,010 17 $ 250,000 0 $ 1,766,700 36 $ 265,525 9 $ 330,637 10 $ --0-- 10 $ 238,000 0 $ 49,682,727 540 8. Mental Health--Program Direction and Support Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ...................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities ..............................$ Postage .................................$ 3,479,889 120,880 111,500 --0-- 47,036 1,055 1,074,219 --0-- 289,500 173,300 --0-- 950 MONDAY, FEBRUARY 28, 1983 1833 Total Funds Budgeted .................... $ Social Services Block Grant Funds. ......... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted 5,298,329 15,000 --0-- 510,540 4,772,789 115 Mental Health--Program Direction and Support Functional Budgets Total Funds State Funds Pos. Administration.......... $ 3,067,804 $ 3,067,804 55 Special Projects and Contracts......... $ 60,000 $ --0-- 2 Program Coordination.... $ 2,160,525 $ 1,694,985 58 Undistributed........... $ 10,000 $ 10,000 0 Total .................. $ 5,298,329 $ 4,772,789 115 9. Purchase of Social Services: Personal Services......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing.................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities................................. $ Postage ................................. $ W.I.N. Benefits .......................... $ Grants to Fulton County for 24- hour Emergency Social Services .......... $ Benefits for Child Care ................... $ Homemaker Meals ....................... $ Chatham County Homemaker Project....... $ Douglas County Homemaker Project........ $ Fulton County Homemaker Project ... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ Social Services Block Grant Funds ..................... $ State Funds Budgeted .................... $ Total Positions Budgeted --0-- --0-- --0-- --0-- --0-- 440,000 479,964 173,400 14,835,003 112,837 514,795 133,362 344,832 17,034,193 5,542,338 1,230,600 10,261,255 0 1834 JOURNAL OF THE SENATE Purchase of Social Services Functional Budgets Total Funds State Funds Pos. Work Incentive Benefits .. $ 479,964 $ 47,996 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 ................ $ 3,782,304 $ 1,243,054 0 AFDC--Institutional Foster Care .......... $ 1,309,482 $ 430,362 0 Specialized Foster Care .. $ 53,064 $ 53,064 0 Child Welfare- Family Foster Care.... $ 7,450,000 $ 5,964,000 0 Adoption Supplement .... $ 528,964 $ 528,964 0 Non-AFDC Institutional Foster Care .......... $ 550,708 $ 550,708 0 Liability Insurance ...... $ 16,000 $ 16,000 0 Emergency Shelter Care . $ 96,563 $ 96,563 0 Day Care .............. $ 647,729 $ 223,529 0 Psychiatric, Psychological and Speech Therapy ... $ 130,000 $ 130,000 0 Return of Runaways--County.... $ 7,000 $ 7,000 0 Homemaker Projects.... $ 1,105,826 $ 318,426 0 Undistributed........... $ 263,189 $ 263,189 0 Total .................. $ 17,034,193 $ 10,261,255 0 10. Youth Services--Program Direction and Support: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing.................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ Benefits for Child Care ................... $ Total Funds Budgeted ................... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles 791,505 19,600 17,100 --0-- 4,550 795 --0-- --0-- 25,400 3,500 862,450 862,450 24 0 MONDAY, FEBRUARY 28, 1983 1835 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 988,500 28,850 37,000 3,100 29,900 20,883,101 --0-- 200 21,984,651 3,368,035 16,802,080 1,814,536 35 224 Services to the Aged Functional Budgets Total Funds State Funds Pos. Title XX Adult Services .$ 4,110,617 $ 566,015 0 Administration and Planning ............. $ 2,457,630 $ 361,660 35 Title III Aging Services .. $ 15,416,404 $ 886,861 0 Undistributed........... $ --0-- $ --0-- 0 Total ..................$ 21,984,651 $ 1,814,536 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 ........... $ 1,400,800 82,678 56,500 ---0-- 31,000 8,130 669,533 --0-- 104,610 225,095 --0-- 2,400 75,000 220,500 2,876,246 --0-- 1836 JOURNAL OF THE SENATE Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted 1,603,806 1,272,440 41 Rehabilitation Services--Program Direction and Support Functional Budgets Total Funds State Funds Pos. Program Direction and Support.............. $ 2,357,002 $ 863,002 38 Grants Management ..... $ 519,244 $ 409,438 3 Undistributed ........... $ --0-- $ --0-- 0 Total .................. $ 2,876,246 $ 1,272,440 41 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........................... $ C^3.S6 Services Total Funds Budgeted '.'.'.'.'.'.'.'.'.'.'.......... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles 3,473,620 510,258 21,700 49,359 2,660 11,441 --0-- 171,402 48,520 120,500 95,850 6,000 4,511,310 3,701,662 809,648 156 19 Rehabilitation Services--Facilities Functional Budgets Total Funds State Funds Pos. Youth Development Center-- V. R. Unit ........... $ 347,700 $ 64,740 13 Atlanta Rehabilitation Center............... $ 1,904,762 $ 337,768 60 Alto Rehabilitation Center $ 262,074 $ 52,415 10 Cave Spring Rehabilitation Center .. $ 402,787 $ 77,517 16 Central Rehabilitation Center............... $ 638,945 $ 100,699 18 MONDAY, FEBRUARY 28, 1983 1837 Georgia Vocational Adjustment Center--Gracewood ... $ 326,065 $ 65,213 16 J. F. Kennedy Center .... $ 446,227 $ 76,846 17 M. S. McDonald Evaluation Center ..... $ 182,750 $ 34,450 6 Undistributed........... $ --0-- $ --0-- 0 Total ..................$ 4,511,310 $ 809,648 156 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 7,470,025 1,740,220 43,000 45,991 15,000 131,943 45,000 --0-- 152,000 1,136,570 445,600 13,000 75,000 11,313,349 8,630,075 2,683,274 397 24 Roosevelt Warm Springs Rehabilitation Institute--Functional Budgets Total Funds Administration.......... $ 4,111,991 Rehabilitation Services ... $ 6,049,660 Instruction ............. $ 447,028 Independent Living ...... $ 590,420 Research/Training....... S 114,250 Undistributed ........... $ Total .................. $ 11,313,349 State Funds Pos. 1,588,427 117 416,149 239 24,028 16 540,420 22 114,250 3 0 2,683,274 397 15. Georgia Factory for the Blind Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ....... $ Publications and Printing.................. $ 3,396,972 5,129,678 16,500 72,000 6,300 1838 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 ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles 24,500 44,500 100,000 5,000 --0-- 8,795,450 8,388,245 407,205 27 14 Georgia Factory for the Blind Functional Budgets Total Funds State Funds Pos. Operations ............. $ 8,388,245 $ --0-- 9 Supervision............. $ 407,205 $ 407,205 18 Undistributed........... $ --0-- $ --0-- 0 Total .................. $ 8,795,450 $ 407,205 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 ...................... $ 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 15,038,700 360,443 438,000 --0-- 14,750 15,400 18,100 638,766 401,000 343,400 60,000 80,680 3,830,000 65,000 9,075,000 108,000 140,000 30,627,239 --0-- 19,029,796 11,597,443 594 5 MONDAY, FEBRUARY 28, 1983 1839 Rehabilitation Services Functional Budgets Total Funds State Funds Pos. Field Services........... $ 25,546,011 $ 7,000,959 571 Comprehensive Services . . $ 232,298 $ 232,298 5 Business Enterprise Vending Stand Program $ 605,930 $ 121,186 15 Special Programs ........$ 4,143,000 $ 4,143,000 0 Undistributed ........... $ 100,000 $ 100,000 3 Total .................. $ 30,627,239 $ 11,597,443 594 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 8,671,328 311,655 29,608 --0-- 49,817 7,606 289,724 539,369 413,865 570,680 --0-- 203,000 9,028,500 20,115,152 20,115,152 --0-- 408 18. Public Assistance Budget: Personal Services......................... $ Regular Operating Expenses ............... $ 2,093,700 Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Per Diem, Fees and Contracts ............. $ SSI-Supplement Benefits .................. $ 36,200 AFDC Benefits .......................... $ 200,474,779 Total Funds Budgeted .................... $ 202,604,679 Agency Funds ........................... $ 136,697,479 State Funds Budgeted .................... $ 65,907,200 Total Positions Budgeted 0 1840 JOURNAL OF THE SENATE Public Assistance Functional Budgets Total Funds State Funds Pos. Refugee Benefits ........ $ 2,093,700 $ --0-- 0 AFDC Payments ........ $ 192,151,200 $ 63,136,080 0 SSI - Supplement Benefits $ 36,200 $ 36,200 0 Undistributed ........... $ 8,323,579 $ 2,734,920 0 Total .................. $ 202,604,679 $ 65,907,200 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 ....................... $ --0-- Real Estate Rentals ...................... $ Per Diem, Fees and Contracts ............. $ Local Services Benefits Payments Grants ....................... $ 58,296,000 Grants to Counties for Social Services ......................... $ 45,604,617 Total Funds Budgeted .................... $ 103,900,617 Agency Funds ........................... $ 38,562,147 Social Services Block Grant Funds ..................... $ 15,111,387 State Funds Budgeted .................... $ 50,227,083 Total Positions Budgeted 0 Local Services--Community Services and Benefits Payments Functional Budgets Total Funds State Funds Pos. Local Services-- Benefits Payments Grants............... $ 58,296,000 $ 29,078,000 0 Grants to Counties for Social Services..... $ 45,604,617 $ 21,149,083 0 Undistributed........... $ --0-- $ --0-- 0 Total .................. $ 103,900,617 $ 50,227,083 0 20. Family and Children Services-- Program Direction and Support Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ 8,352,018 328,560 327,904 --0-- MONDAY, FEBRUARY 28, 1983 1841 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 929,300 8,615 7,150,128 190,518 1,169,836 3,185,050 5,500 620,500 22,267,929 1 1,805,631 1,572,117 8,890,181 308 Family and Children Services--Program Direction and Support Functional Budgets Total Funds Director's Office......... $ 478,157 Research and Demonstration ........ 21,600 Program Planning and Development...... 1,124,130 Program Management and Training ......... 1,607,854 Administration and Management...... $ 14,211,446 Management Information Systems.............. $ 1,186,669 District Program Operations ........... $ 2,798,134 District Administration . . . $ 839,939 Indirect Cost ........... $ Undistributed ........... Total .................. $ 22,267,929 State Funds Pos. $ 478,157 7 $ 21,600 1 $ 1,124,130 16 $ 1,491,298 57 $ 6,189,254 81 $ 1,186,669 44 $ 2,798,134 85 $ 839,939 17 $ (5,239,000) 0 0 $ 8,890,181 308 Budget Unit Object Classes: Personal Services......................... $ 100,604,182 Regular Operating Expenses ............... $ 52,111,980 Travel ..................................$ 2,777,947 Motor Vehicle Equipment Purchases ............................. $ 167,350 Publications and Printing .................. $ 1,663,273 Equipment Purchases ..................... $ 347,643 Computer Charges ....................... $ 11,362,698 Real Estate Rentals ...................... $ 5,375,311 Telecommunications ...................... $ 3,829,611 Per Diem, Fees and Contracts ............. $ 81,853,403 Utilities................................. $ 879,850 Postage .................................$ 1,590,205 1842 JOURNAL OF THE SENATE Capital Outlay ........................... $ --0-- Grants for Regional Prenatal and Postnatal Care Programs ............ $ 3,879,000 Crippled Children Benefits................. $ 4,267,200 Crippled Children Clinics ................. $ 554,572 Kidney Disease Benefits ................... $ 594,000 Cancer Control Benefits ................... $ 2,015,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants .......................... $ 3,805,000 Family Planning Benefits .................. $ 301,530 Benefits for Midwifery Program ............ $ 175,000 Grant-In-Aid to Counties.................. $ 32,457,329 Work Incentive Benefits ................... $ 479,964 Grants to Fulton County for 24-hour Emergency Social Services ......................... $ 173,400 Benefits for Child Care ................... $ 15,526,203 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............. $ 220,500 Case Services ............................ $ 18,178,500 E.S.R.P. Case Services .................... $ 75,000 SSI-Supplement Benefits .................. $ 36,200 AFDC Benefits .......................... $ 200,474,779 Local Services Benefits Payments Grants ....................... $ 58,296,000 Grants to Counties for Social Services ...............................$ 45,604,617 Contract with Vocational Rehabilitation Community Facilities .............................. $ 3,830,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program.................... $ 100,000 Contract with the Affirmative Industries................... $ 108,000 Institutional Repairs and Maintenance....................... $ --0-- Contract with Emory University for Arthritis Research .................. $ 205,000 Grant for Epilepsy Program ............... $ 65,000 Grant to Grady Hospital for Cystic Fibrosis Program ................. $ 40,000 Contract for Scoliosis Screening ............................. $ 115,000 Menninger Group Homes.................. $ 366,000 Contract--Georgia Advocacy Office, Inc. ................... $ 215,000 MONDAY, FEBRUARY 28, 1983 1843 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 .................. $ Project Rescue ........................... $ Local Assistance Grants................... $ Contract with Auditory Educational Clinic...................... $ Total Positions Budgeted 250,000 113,000 4,500,000 140,000 45,000 11,900 460,000 60,000 4,183 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 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. There is hereby appropriated $65,871,000 in State funds for the purpose of making AFDC benefit payments. Provided that for Fiscal 1984, 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 $111 169 202 238 272 295 320 340 357 383 409 1844 JOURNAL OF THE SENATE Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 55.12% of the above stan dard of needs. Provided, that of the above appropriation, $140,000 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 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 MONDAY, FEBRUARY 28, 1983 1845 other private or 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....................... $ 444,195 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 571,475 47,202 4,599 2,100 --0-- 15,000 80,200 24,800 69,939 6,600 821,915 --0-- 377,720 444,195 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 571,475 47,202 4,599 2,100 --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 ............................ $ 286,783,854 1. Georgia Regional Hospital at Augusta Budget: Personal Services ......................... $ 9,067,100 Regular Operating Expenses ............... $ 1,111,510 1846 JOURNAL OF THE SENATE Travel ..................................$ Motor Vehicle Equipment Purchases ................... $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage ................................. $ Authority Lease Rentals .................. $ Capital Outlay ........................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles 9,000 25,159 4,200 38,072 197,209 --0-- 108,070 253,065 365,682 9,150 --0-- --0-- 11,188,217 1,494,365 --0-- 9,693,852 497 25 2. Georgia Regional Hospital at Atlanta Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ Capital Outlay........................... $ Authority Lease Rentals .................. $ Total Funds Budgeted .................... $ Agency Funds ........................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles 11,550,151 1,422,687 16,700 7,800 7,000 31,700 143,544 --0-- 141,026 310,130 587,994 13,000 --0-- --0-- 14,231,732 2,382,236 --0-- 11,849,496 622 25 3. Georgia Regional Hospital at Savannah Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................. ^ Motor Vehicle Equipment Purchases ................... $ 9,447,161 899,030 12,000 20,055 MONDAY, FEBRUARY 28, 1983 1847 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 2,300 42,347 138,617 --0-- 117,433 143,720 444,860 7,500 500,000 --0-- 11,775,023 1,264,761 ---0-- 10,510,262 510 22 4. West Central Georgia Regional Hospital Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ................... $ Publications and Printing.................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ Authority Lease Rentals .................. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles 7,761,728 877,739 12,400 47,740 5,120 38,776 112,192 --0-- 113,420 38,250 480,231 12,500 666,500 --0-- 10,166,596 1,362,807 --0-- 8,803,789 424 27 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 ....................... $ 11,785,739 1,189,633 10,400 16,920 800 66,755 149,677 1848 JOURNAL OF THE SENATE 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 --0-- 106,469 41,600 1,266,388 9,125 --0-- 921,000 15,564,506 3,559,981 --0-- 12,004,525 680 45 6. Gracewood State School and Hospital Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted-- July 1, 1983 Total Positions Budgeted-- June 30, 1984 Authorized Motor Vehicles 26,850,580 2,726,659 11,525 39,630 4,620 229,724 --0-- --0-- 299,316 149,000 1,859,698 10,000 343,000 32,523,752 12,081,302 ---0-- 20,442,450 1,588 1,546 111 7. Southwestern State Hospital Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ 18,857,779 1,880,752 20,000 30,855 4,000 283,819 158,123 --0-- 161,570 217,920 MONDAY, FEBRUARY 28, 1983 1849 Utilities .................................$ Postage .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted-- July 1, 1983 Total Positions Budgeted-- June 30, 1984 Authorized Motor Vehicles 918,040 16,000 --0-- 22,548,858 6,892,928 1,074 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-- July 1, 1983 Total Positions Budgeted-- June 30, 1984 Authorized Motor Vehicles 15,740,058 2,443,810 11,700 68,936 5,100 77,068 166,943 --0-- 220,744 135,770 1,360,380 12,750 794,000 --0-- 21,037,259 8,280,805 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 ............. $ 9,874,045 1,115,829 12,400 --0-- 3,950 53,477 176,751 --0-- 184,040 619,715 1850 JOURNAL OF THE SENATE Utilities .................................$ Postage .................................$ Authority Lease Rentals .................. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles 1,476,180 12,000 --0-- --0-- 13,528,387 1,494,184 ---0-- 12,034,203 503 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-- July 1, 1983 Total Positions Budgeted-- June 30, 1984 Authorized Motor Vehicles 69,693,068 9,520,161 25,800 159,895 17,500 255,098 664,798 --0-- 494,233 226,800 5,527,147 42,500 794,125 275,000 87,696,125 23,183,403 --0-- 64,512,722 3,913 3,882 215 Central State Hospital Functional Budgets Total Funds Mental Health/Mental Retardation Services ... $ 75,633,145 Veterans Services ....... $ Department of Offender Rehabilitation Services . $ Total .................. $ 7,767,115 4,295,865 87,696,125 $ 64,512,722 Pos. 3646/ 3615 267 0 3913/ 3882 MONDAY, FEBRUARY 28, 1983 1851 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 12,644,886 1,442,330 7,500 78,023 3,200 406,635 ---0-- --0-- 117,165 133,800 985,300 19,500 --0-- 15,838,339 334,500 15,503,839 723 103 12. Regional Youth Development Centers Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ................... $ Publications and Printing.................. $ Equipment Purchases .................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage ................................. $ Capital Outlay........................... $ Grants to County-Owned Detention Centers ...................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles 6,846,628 891,025 11,000 26,295 3,000 40,047 ---0-- --0-- 65,000 78,900 575,000 10,500 101,400 2,318,125 10,966,920 249,305 10,717,615 414 41 13. Community Mental Health/ Mental Retardation Services Budget: Personal Services......................... $ 8,802,481 Regular Operating Expenses .............. $ 533,612 1852 JOURNAL OF THE SENATE Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ Capital Outlay........................... $ Drug Abuse Contracts .................... $ Day Care Centers for the Mentally Retarded ..................... $ MR Day Care Center Motor Vehicle Purchases ...................... $ Supportive Living Staff ................... $ Supportive Living Benefits ................. $ Georgia State Foster Grandparent/Senior Companion Program .................... $ Community Mental Health Center Services ........................ $ Project Rescue ........................... $ Project ARC ............................ $ Project Friendship ........................ $ Group Homes for Autistic Children ....................... $ Uniform Alcoholism Projects............... $ Community Mental Retardation Staff. ...................... $ Community Mental Retardation Residential Services .................... $ Total Funds Budgeted .................... $ Social Services Block Grant Funds ..................... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles 40,300 11,500 3,200 1,000 --0-- 73,075 34,500 318,332 22,600 2,800 --0-- 894,292 49,356,444 579,000 1,278,450 5,062,431 514,212 60,021,199 267,800 166,600 233,500 260,000 2,473,111 2,835,000 10,291,854 144,077,293 22,807,664 49,649,632 71,619,997 376 803 Community Mental Health/Mental Retardation Services Functional Budgets Total Funds State Funds Pos. Mental Health Community Assistance............ $ 5,645,651 $ 5,588,751 218 Outdoor Therapeutic Program ............. $ 1,002,786 $ 1,002,786 40 Mental Retardation Community Assistance . $ 1,560,248 1,560,248 64 Central Pharmacy ....... $ 124,270 124,270 3 MONDAY, FEBRUARY 28, 1983 1853 Metro Drug Abuse Centers $ 1,172,021 $ 528,931 45 Day Care Centers for the Mentally Retarded .... $ 49,935,444 $ 22,403,336 0 Supportive Living ....... $ 6,340,881 $ 3,159,881 0 Georgia State Foster Grandparent/Senior Companion Program ... $ 514,212 $ 514,212 0 Community Mental Retardation Staff... ...$ 2,966,532 $ 2,035,745 0 Community Mental Retardation Residential Services.............. $ 10,291,854 $ 6,945,406 0 Group Homes for Autistic Children...... $ 260,000 $ 260,000 0 Project Rescue.......... $ 267,800 $ 104,800 0 Drug Abuse Contracts ... $ 894,292 $ 167,942 0 Project ARC ........... $ 166,600 $ 166,600 0 Project Friendship....... $ 233,500 $ 233,500 0 Community Mental Health Center Services ....... $ 60,021,199 $ 24,647,678 0 Uniform Alcoholism Projects .............. $ 2,473,111 $ 2,175,911 0 Central Laboratory ...... $ 206,892 $ --0-- 6 Undistributed ........... $ --0-- $ --0-- 0 Total .................. $ 144,077,293 $ 71,619,997 376 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 8,468,020 1,192,187 376,800 34,360 3,300 20,198 --0-- 270,300 237,005 --0-- 38,350 22,200 16,000 10,678,720 10,678,720 412 19 Community Youth Services Functional Budgets Total Funds State Funds Pos. Group Homes........... $ 470,402 $ 470,402 19 Community Detention.... $ 1,097,103 $ 1,097,103 17 Day Centers ............ $ 577,030 $ 577,030 24 1854 JOURNAL OF THE SENATE Community Treatment Centers .............. $ 1,773,955 $ 1,773,955 77 Court Services .......... $ 5,994,740 $ 5,994,740 257 Runaway Investigations . . $ 379,920 $ 379,920 15 Interstate Compact ...... $ 75,570 $ 75,570 3 Purchased Services ...... $ 310,000 $ 310,000 0 Undistributed .......... $ --0-- $ --0-- 0 Total .................. $ 10,678,720 $ 10,678,720 412 15. Regular Operating Expense Reserve Budget: Regular Operating Expense ................ $ Total Funds ............................. $ State Funds ............................. $ Budget Unit Object Classes: Personal Services ......................... $ 227,389,424 Regular Operating Expenses ............... $ 27,246,964 Travel ..................................$ 577,525 Motor Vehicle Equipment Purchases ............................. $ 567,168 Publications and Printing .................. $ 67,290 Equipment Purchases ..................... $ 1,584,716 Computer Charges ....................... $ 1,907,854 Real Estate Rentals ...................... $ 343,375 Telecommunications ...................... $ 2,399,991 Per Diem, Fees and Contracts ............. $ 2,667,002 Utilities .................................$ 15,907,850 Postage .................................$ 199,525 Capital Outlay........................... $ 719,400 Authority Lease Rentals .................. $ 3,675,625 Grants to County-Owned Detention Centers ...................... $ 2,318,125 Drug Abuse Contracts .................... $ 894,292 Day Care Centers for the Mentally Retarded ..................... $ 49,356,444 MR Day Care Center Motor Vehicle Purchases ...................... $ 579,000 Supportive Living Staff ................... $ 1,278,450 Supportive Living Benefits ................. $ 5,062,431 Georgia State Foster Grandparent/Senior Companion Program .................... $ 514,212 Community Mental Health Center Services ........................ $ 60,021,199 Project Rescue ........................... $ 267,800 Project ARC ............................ $ 166,600 Project Friendship ........................ $ 233,500 Group Homes for Autistic Children ....................... $ 260,000 Uniform Alcoholism Projects............... $ 2,473,111 Child Care Benefits ...................... $ 16,000 MONDAY, FEBRUARY 28, 1983 1855 Community Mental Retardation Staff. .......... Community Mental Retardation Residential Services ......... Total Positions Budgeted-- July 1, 1983 Total Positions Budgeted-- June 30, 1984 Authorized Motor Vehicles $ 2,835,000 $ 10,291,854 12,656 12,534 1,548 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 the flexibility to contract with private homeproviders for services in the home and/or to provide small group resi- 18S6 JOURNAL OF THE SENATE 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. Provided, that of the above appropriation relating to Georgia Mental Health Institute, $20,000 is designated and committed for the purpose of a short-term training program in alcoholism and drug abuse. 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 ............. $ 9,192,950 524,500 11,000 35,000 --0-- 5,400 150 10,622 --0-- --0-- 250 586,922 586,922 16 340,500 4,800 2,000 --0-- 47,556 --0-- 4,170 --0-- --0-- 20,900 MONDAY, FEBRUARY 28, 1983 1857 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 ............. $ 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 ................ $ 419,926 419,926 14 640,000 73,900 65,000 ---0-- 189,500 2,450 18,154 --0-- --0-- 90,870 40,000 1,119,874 1,119,874 27 1,440,100 357,988 31,000 ---0-- 2,000 11,775 ---0-- --0-- 14,190 4,000 110,000 1,971,053 1,881,053 94 624,500 214,670 13,000 12,000 35,000 500 3,000 246,469 119,070 17,000 147,000 2,735,000 1858 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..................... $ International Council of Georgia, Inc. .......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 6. International Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 7. Advertising Budget: Advertising.............................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Budget Unit Object Classes: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing.................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Local Welcome Center Contracts ...........$ Advertising.............................. $ 3,137,946 25,000 25,000 10,000 500,000 --0-- 7,865,155 3,638,025 24 499,500 42,500 72,500 --0-- 10,000 1,400 20,500 49,000 20,500 88,250 804,150 804,150 15 743,000 743,000 743,000 0 4,069,100 704,858 218,500 12,000 289,456 16,275 56,446 295,469 153,760 221,270 147,000 110,000 743,000 MONDAY, FEBRUARY 28, 1983 1859 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. ................. Total Positions Budgeted Authorized Motor Vehicles 2,735,000 3,137,946 40,000 25,000 25,000 10,000 500,000 B. Budget Unit: Authorities .................. $ 1. Georgia World Congress Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ......................$ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Atlanta Convention and Visitors Bureau ..... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 3,569,440 1,382,178 36,000 --0-- 24,000 40,000 600 --0-- 68,160 156,852 819,588 6,096,818 --0-- 147 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 .............. $ 23,953,056 7,870,228 435,207 472,080 108,108 3,119,000 99,403 302,960 2,089,184 457,142 1,211,582 696,150 1860 JOURNAL OF THE SENATE Capital Outlay--Internal Operations ............................ $ Capital Reinvestment ..................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 4,742,770 --0-- 45,556,870 --0-- 780 Budget Unit Object Classes: Personal Services......................... $ 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 27,522,496 9,252,406 471,207 472,080 132,108 3,159,000 457,742 99,403 371,120 1,368,434 2,089,184 696,150 4,742,770 819,588 927 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. Section 28. Department of Labor. A. Budget Unit: Inspection Division ........... $ Inspection Division Budget: Personal Services......................... $ Regular Operating Expenses ............... $ 779,226 656,565 13,259 MONDAY, FEBRUARY 28, 1983 1861 Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 87,751 5,000 8,351 8,100 200 779,226 779,226 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 656,565 13,259 87,751 5,000 8,351 8,100 200 28 B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training ............... $ 3,279,030 1. Basic Employment Security and W.I.N. Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ W.I.N. Grants ........................... $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 38,851,258 3,648,918 1,025,000 --0-- 10,200 990,000 15,000 1,465,096 1,010,000 975,000 226,782 --0-- 48,217,254 1,346,584 1,601 2. Comprehensive Employment and Training Act (CETA) Budget: Personal Services. $ 10,265,027 1862 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) ..................... $ CETA Direct Benefits .................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 1,294,973 203,000 --0-- 6,000 19,000 5,000 362,000 364,000 12,000 37,469,000 50,000,000 --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 1,754,800 47,851 20,245 --O-- 250 300 1,000 63,000 35,000 10,000 1,932,446 1,932,446 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) ..................... $ Per Diem, Fees and Contracts ............. $ W.I.N. Grants ........................... $ CETA Direct Benefits .................... $ Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles 50,871,085 4,991,742 1,248,245 --0-- 16,450 1,009,300 21,000 1,890,096 1,409,000 12,000 985,000 226,782 37,469,000 --0-- 2,097 6 MONDAY, FEBRUARY 28, 1983 1863 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 4,571,305 3,954,809 235,664 110,000 ---0-- 30,150 2,590 32,050 55,000 311,807 102,735 36,500 --0-- 4,871,305 4,571,305 116 3,954,809 235,664 110,000 --0-- 30,150 2,590 32,050 311,807 102,735 36,500 55,000 --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 ............ $ 220,263,524 1. Commissioner's Office Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ 1,639,920 43,745 66,360 1864 JOURNAL OF THE SENATE 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 --0-- 4,200 --0-- 224,505 58,425 43,900 2,081,055 986,820 68 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 1,059,060 51,635 13,285 ---0-- 13,385 8,000 118,200 249,555 24,670 30,000 163,765 568,000 2,299,555 907,205 43 3. Program Management Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel..................................$ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 1,464,575 51,830 21,250 33,775 ---0-- --0-- 256,292 58,385 9,287,320 11,173,427 1,361,055 61 4. Operations Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Publications and Printing ............$ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ 2,047,915 165,080 2,200 114,000 ---0-- 7,356,400 256,290 94,115 MONDAY, FEBRUARY 28, 1983 1865 Per Diem, Fees and Contracts ............. $ Postage................................ . $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted 76,000 712,355 10,824,355 --0-- 8,001,525 2,822,830 109 5. Benefits Payments Budget: Medicaid Benefits ........................ $ 662,619,712 Payments to Counties for Mental Health...................... $ 10,845,445 Total Funds Budgeted .................... $ 673,465,157 State Funds Budgeted ...........:........ $ 214,185,614 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services......................... $ 6,211,470 Regular Operating Expenses ............... $ 312,290 Travel ..................................$ 103,095 Motor Vehicle Equipment Purchases ............................. $ --0-- Publications and Printing.................. $ 165,360 Equipment Purchases ..................... $ 8,000 Computer Charges ....................... $ 7,474,600 Real Estate Rentals ...................... $ 986,642 Telecommunications ...................... $ 235,595 Per Diem, Fees and Contracts ............. $ 9,437,220 Postage ................................. $ 876,120 Medicaid Benefits ........................ $ 662,619,712 Payments to Counties for Mental Health ......................... $ 10,845,445 Audits Contracts ......................... $ 568,000 Total Positions Budgeted 281 Authorized Motor Vehicles 3 Provided, that any reserve created by the State Au ditor for the payment of Medicaid Benefits can be ex 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......................... $ 4,993,339 888,330 1866 JOURNAL OF THE SENATE Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage ................................$ Total Funds Budgeted .................... $ Agency Assessments ...................... $ Total Positions Budgeted 2. Classification and Compensation Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ..................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............ $ Postage .................................$ Total Funds Budgeted .................... $ Agency Assessments ...................... $ Total Positions Budgeted 3. Program Evaluation and Audit Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing.................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ Agency Assessments ...................... $ Total Positions Budgeted 4. Employee Training and Development Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ 17,525 12,000 --0-- 54,300 2,405 346,893 --0-- 18,900 5,600 90,300 1,436,253 1,436,253 39 488,217 6,870 1,265 --0-- 5,900 320 137,178 --0-- 5,862 1,000 3,000 649,612 649,612 19 308,327 9,070 1,025 --0-- 950 1,000 178,332 --0-- 5,199 --0-- 1,100 505,003 505,003 13 545,576 28,800 MONDAY, FEBRUARY 28, 1983 1867 Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing.................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage ................................. $ Total Funds Budgeted .................... $ Agency Assessments ...................... $ Total Positions Budgeted 20,600 --0-- 20,000 2,350 13,718 --0-- 9,150 177,000 4,400 821,594 821,594 23 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 489,280 10,200 2,500 --0-- 8,000 1,440 321,029 57,985 45,540 4,266,670 27,460 5,230,104 --0-- 5,230,104 24 6. Health Insurance Claims Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing.................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage ................................. $ Health Insurance Claims .................. $ Total Funds Budgeted .................... $ Other Health Insurance Agency Funds ......................... $ --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- 8,207,788 --0-- 166,471,000 174,678,788 --0-- 1868 JOURNAL OF THE SENATE Employer and Employee Contributions .......................... $ 174,678,788 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 697,402 19,440 3,300 ---0-- 8,000 14,090 66,726 --0-- 14,440 --0-- 6,100 --0-- 829,498 640,488 157,100 31,910 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 304,000 16,882 9,200 --0-- 15,000 3,760 ---0-- 515,160 4,887 68,000 3,500 940,389 940,389 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 ...................... $ 3,721,132 108,787 49,890 --0-- 112,150 25,365 1,063,876 573,145 103,978 MONDAY, FEBRUARY 28, 1983 1869 Per Diem, Fees and Contracts ............. $ 12,726,058 Postage .................................$ 135,860 Federal Sub-grants to State and Local Agencies ............... $ --0-- Health Insurance Claim Payments ......... $ 166,471,000 Total Positions Budgeted 159 Authorized Motor Vehicles 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 ............................. $ 48,526,246 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 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 ................... $ State Funds Budgeted .................... $ Total Positions Budgeted 2,086,400 187,936 18,000 8,000 192,290 500 162,164 167,212 69,529 84,200 89,586 510,000 --0-- 75,000 3,650,817 50,000 3,575,817 81 2. Game and Fish Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ 12,199,500 3,250,259 67,000 830,750 74,000 1870 JOURNAL OF THE SENATE 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 3. Parks, Recreation and Historic Sites Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Capital Outlay........................... $ Capital Outlay--Repairs and Maintenance....................... $ Capital Outlay--Shop Stock ............... $ Cost of Material for Resale................ $ Authority Lease Rentals .................. $ Land and Water Conservation Grants ................................$ Recreation Grants ........................ $ 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 483,186 44,219 45,438 221,506 77,500 62,466 344,375 350,000 18,050,199 --0-- 14,638,710 477 8,643,872 3,705,137 75,000 224,000 95,000 235,000 15,000 132,601 236,456 68,400 57,600 --0-- 1,494,800 300,000 1,025,000 2,033,000 1,400,000 365,000 186,000 50,000 1,314,000 100,000 21,755,866 --0-- 12,768,933 373 MONDAY, FEBRUARY 28, 1983 1871 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 ...................... $ Contract--Georgia Rural Water Association ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 9,115,000 679,361 235,400 25,200 84,300 46,046 133,080 512,513 175,592 747,500 96,112 1,500,000 6,000,000 250,437 125,000 10,000 19,735,541 16,537,241 311 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 720,000 204,069 11,700 16,100 19,690 21,947 15,000 --0-- 19,400 7,500 10,139 20,000 1,065,545 1,005,545 26 Budget Unit Object Classes: Personal Services.................. Regular Operating Expenses ......... 32,764,772 8,026,762 1872 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 .................................$ 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................ $ 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 .................. $ Capital Outlay--User Fee Enhancements ......................... $ Capital Outlay--Buoy Maintenance .......................... $ Capital Outlay-- Consolidated Maintenance ............... $ Technical Assistance Contract. ............. $ Contract--Georgia Rural Water Association ...................... $ Total Positions Budgeted Authorized Motor Vehicles 407,100 1,104,050 465,280 786,679 369,463 857,764 722,483 985,100 315,903 1,400,000 365,000 6,000,000 1,500,000 250,437 125,000 --0-- --0-- 1,494,800 300,000 75,000 2,033,000 1,025,000 510,000 --0-- 186,000 50,000 350,000 1,314,000 20,000 344,375 100,000 10,000 1,268 1,017 Provided, that no land shall be purchased for State park purposes from funds appropriated under this Section MONDAY, FEBRUARY 28, 1983 1873 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 $5,000,000 is designated and committed for grants to local governments for water and sewer projects utilizing a maximum State match of 50% of the total cost of each project. Provided, further that no 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 .................. $ 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 ........ $ --0-- 1,580,458 653,875 5,500 30,250 39,000 76,900 --0-- --0-- 42,100 25,500 2,453,583 64 2,583,489 1,699,322 24,000 58,500 1874 JOURNAL OF THE SENATE 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 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 Expenses ...................... $ Campground Sinking Fund ................ $ Payments to the Department of Natural Resources ................... $ Mortgage Payments ...................... $ Total Positions Budgeted Authorized Motor Vehicles 16,500 75,450 19,000 --0-- 39,500 98,480 ---Q-- --0-- --0-- 50,000 4,664,241 --0-- 165 4,163,947 2,353,197 29,500 88,750 55,500 152,350 19,000 --0-- 81,600 123,980 50,000 ---0-- 229 100 Section 33. Department of Offender Rehabilitation. 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 .............. $ 22,678,511 3,635,000 255,500 57,030 3,800 619,598 904,193 200,000 MONDAY, FEBRUARY 28, 1983 1875 Per Diem, Fees and Contracts ............. $ Utilities ................................. $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 458,260 ---0-- 6,133,381 ---0-- 6,133,381 148 2. 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 ...................... $ Per Diem, Fees and Contracts ............. $ Telecommunications ...................... $ County Subsidy .......................... $ County Subsidy for Jails .................. $ Court Costs ............................. $ Central Repair Fund ..................... $ Grants for County Workcamp Construction ................. $ Grants for Local Jails .................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 3,536,080 125,455 149,800 66,400 ---0-- 30,900 ---0-- 3,000 418,200 41,600 7,593,825 912,500 264,000 984,000 840,000 400,000 15,365,760 15,365,760 150 3. 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 719,000 191,370 137,000 --0-- 1,000 15,000 --0-- 70,000 17,000 --0-- 29,000 1,179,370 1,179,370 33 Budget Unit Object Classes: Personal Services ......................... $ 7,890,080 Regular Operating Expenses ............... $ 572,325 1876 JOURNAL OF THE SENATE Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ County Subsidy ........................ $ County Subsidy for Jails ................. $ Court Costs ............................. $ Central Repair Fund ..................... $ Grants for County Workcamp Construction ................. $ Grants for Local Jails .................... $ Total Positions Budgeted Authorized Motor Vehicles 343,830 66,400 1,000 49,700 619,598 977,193 258,600 876,460 29,000 7,593,825 912,500 264,000 984,000 840,000 400,000 331 70 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 grants for county workcamp construction, the State shall provide no more than fifty percent of the total construc tion cost. B. Budget Unit: Correctional Institutions, Transitional Centers, and Support ...............................$ 116,220,254 1. 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 --0-- 23,000 --0-- 127,000 1,570,850 1,570,850 66 MONDAY, FEBRUARY 28, 1983 1877 2. 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 3. 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 4. 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 5,466,600 273,100 3,000 30 48,600 2,400 550,500 6,369,230 6,369,230 299 1,299,000 54,175 3,400 17,340 4,490 1,378,405 1,146,664 50 5,703,771 283,560 1,500 29,000 47,600 3,300 634,000 6,702,731 6,702,731 323 1878 JOURNAL OF THE SENATE 5. 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.. ...............................$ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 12,747,016 606,444 12,250 100,000 120,900 7,800 1,444,000 15,038,410 --0-- 15,013,410 739 6. 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 9,323,141 455,235 10,415 64,000 120,000 15,360 1,090,000 11,078,151 10,955,151 515 7. 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.................... 11,881,627 503,710 4,000 5,440 133,000 4,800 334,000 MONDAY, FEBRUARY 28, 1983 1879 Payments to Central State Hospital for Utilities.................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 726,500 13,678,077 13,678,077 681 8. 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 2,834,658 115,450 1,200 3,200 14,100 272,500 3,241,108 3,241,108 156 9. Central Correctional Institution Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities................................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 2,400,200 94,600 1,575 4,500 19,900 251,835 2,772,610 2,772,610 135 10. 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 ...................... $ 3,169,220 122,900 2,300 3,075 9,100 41,000 1880 JOURNAL OF THE SENATE Per Diem, Fees and Contracts ............. $ Utilities. ................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 11. 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 12. Central Funds Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Authority Lease Rentals .................. $ Capital Outlay........................... $ Inmate Release Funds .................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 13. D.O.T. Work Details Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ 10,000 324,100 3,681,695 3,681,695 184 2,995,800 125,160 2,100 4,000 6,000 52,000 --^0-- 307,000 3,492,060 3,437,060 173 2,220,000 3,835,645 --0-- 365,000 139,100 296,375 440,000 300,000 595,000 8,191,120 8,001,120 0 452,455 14,200 MONDAY, FEBRUARY 28, 1983 1881 Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 14. 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 15. 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 16. Dodge Correctional Institution Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ 466,655 27 2,971,365 4,862,600 7,500 165,000 10,000 2,205,880 53,000 10,275,345 9,649,235 188 663,000 3,568,300 63,800 49,900 4,345,000 4,305,000 33 2,070,600 87,900 1,500 1882 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 .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 17. 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 18. 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 19. Health Care Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................. $ 6,900 27,000 35,520 215,000 2,444,420 2,444,420 136 2,224,800 171,000 4,800 13,460 194,000 36,900 5,800 275,000 --0-- 2,925,760 2,925,760 119 3,834,600 205,100 3,000 9,300 32,000 4,800 329,000 4,417,800 4,417,800 245 4,719,643 952,510 --0-- MONDAY, FEBRUARY 28, 1983 1883 Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities................................. $ Payments to the Medical Association of Georgia for Jail and Prison Health Care Certification ...................... $ Payments to Jails for State Prisoner Medical Costs.................. $ Health Service Purchases .................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 49,700 40,480 200,000 9,946,000 15,908,333 15,908,333 237 Budget Unit Object Classes: Personal Services ......................... $ Regular 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.................. $ Inmate Release Funds .................... $ Health Service Purchases.................. $ Payments to the Medical Association of Georgia for Jail and Prison Health Care Certification ...................... $ Authority Lease Rentals .................. $ Capital Outlay..:........................ $ Total Positions Budgeted Authorized Motor Vehicles 78,311,396 16,405,539 59,340 365,000 139,100 935,650 --0-- 230,770 730,490 139,680 6,153,935 2,205,880 779,500 200,000 595,000 9,946,000 40,480 440,000 300,000 4,306 375 It is the intent of this General Assembly that, with respect to the Legal Services Program for inmates, law- 1884 JOURNAL OF THE SENATE 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 Georgia Assembly of Georgia. C. Budget Unit: Board of Pardons and Paroles ...............................$ Board of Pardons and Paroles Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ County Jail Subsidy ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Budget Unit Object Classes: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ County Jail Subsidy ...................... $ Total Positions Budgeted Authorized Motor Vehicles D. Budget Unit: Georgia Correctional Industries ............................. $ Georgia Correctional Industries Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ 8,838,950 7,126,086 252,248 371,650 53,265 25,724 249,542 20,000 468,155 197,730 19,800 54,750 8,838,950 8,838,950 385 7,126,086 252,248 371,650 53,265 25,724 249,542 20,000 468,155 197,730 19,800 54,750 385 22 --0-- 1,587,000 570,700 48,000 102,500 8,000 60,000 MONDAY, FEBRUARY 28, 1983 1885 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 1,955 30,500 58,000 234,700 4,573,000 84,000 ---0-- 7,358,355 ---0-- 66 Budget Unit Object Classes: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................. t 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........................... S Total Positions Budgeted Authorized Motor Vehicles 1,587,000 570,700 48,000 102,500 8,000 60,000 1,955 30,500 58,000 234,700 4,573,000 84,000 --0-- 66 16 E. Budget Unit: Probation Field Operations ............................ $ 19,085,195 1. Probation Operations Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ..................... $ Telecommunications ...................... $ Utilities .................................$ Per Diem, Fees and Contracts ............. $ Grants for Independent Probation Systems ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 13,419,604 331,900 237,000 --0-- --0-- 70,386 ---0-- 297,800 196,250 5,650 3,000 427,000 14,988,590 14,988,590 664 1886 JOURNAL OF THE SENATE 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 ............. $ 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 ...................... $ Utilities................................. $ Per Diem, Fees and Contracts ............. $ Capital Outlay........................... $ Grants for Independent Probation Systems...................... $ Total Positions Budgeted Authorized Motor Vehicles 3,565,762 299,155 20,350 19,000 ---0-- 146,153 --0-- 246,895 57,000 234,000 ---0-- 240,000 4,828,315 4,096,605 191 16,985,366 631,055 257,350 19,000 --0-- 216,539 --0-- 544,695 253,250 239,650 3,000 240,000 427,000 855 93 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 ...................... $ 56,235,605 293,160 23,319 15,000 13,506 35,203 18,000 MONDAY, FEBRUARY 28, 1983 1887 Per Diem, Fees and Contract .............. $ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted --0-- 4,000 405,688 202,844 10 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 3,399,245 1,545,920 96,000 ---0-- 72,000 42,128 --0-- --0-- 115,000 77,000 40,000 5,387,293 --0-- 5,354,475 156 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 ........................... $ Driver License Processing ................. $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 5,740,410 265,469 3,500 --0-- 237,000 57,923 2,748,707 3,960 66,000 500 565,000 180,000 --0-- 714,000 10,582,469 --0-- 10,582,469 318 4. Field Operations Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ 25,801,438 4,776,927 19,000 4,465,609 134,000 1888 JOURNAL OF THE SENATE 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 236,051 ---0-- 2,729 356,200 5,000 36,000 --0-- 35,832,954 --0-- 35,832,954 996 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 684,473 81,103 28,000 --0-- 16,000 --0-- 55,000 47,500 19,000 12,250 5,300 1,591,659 2,540,285 2,540,285 26 6. Police Academy: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 465,866 130,200 6,300 --0-- 9,000 3,500 7,000 --0-- 16,723 138,541 2,400 779,530 754,230 16 7. Fire Academy: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........$ 273,726 41,100 12,000 11,940 MONDAY, FEBRUARY 28, 1983 Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 8. Georgia Firefighter Standards and Training Council Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 9. Organized Crime Prevention Council Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 10. Georgia Public Safety Training Facility Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ 1889 2,800 14,000 48,000 15,182 10,000 85,000 5,500 519,248 479,248 12 120,500 7,940 8,700 --0-- 2,000 2,000 33,500 3,500 3,700 2,000 1,100 184,940 184,940 4 117,300 15,520 9,500 9,000 1,500 17,900 ---0-- --0-- 3,000 18,840 700 193,260 193,260 3 93,400 3,400 1890 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........................... $ Total Funds Budgeted ....................$ State Funds Budgeted .................... $ Total Positions Budgeted 3,000 --0-- 200 600 800 3,500 3,000 2,500 500 --0-- 110,900 110,900 3 Budget Unit Object Classes: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..,...............................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ......................$ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Conviction Reports ....................... $ Peace Officers Training Grant. ............. $ Driver License Processing ................. $ Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles 36,989,518 6,890,898 201,000 4,486,549 478,000 374,102 2,906,513 111,574 610,623 341,631 660,500 180,000 1,591,659 714,000 --0-- 1,544 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). 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 MONDAY, FEBRUARY 28, 1983 1891 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 ....................... $ Departmental Operations Budget: Payments to Employees' Retirement System ..................... $ Employer Contributions ................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Budget Unit Object Classes: Payments to Employees' Retirement System ..................... $ Employer Contributions ................... $ 11,991,350 173,250 11,818,100 11,991,350 11,991,350 173,250 11,818,100 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 ..................... $ 4,118,647 751,000 39,200 8,000 ---0-- 1,200 1,600 1892 JOURNAL OF THE SENATE Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 2. Transportation Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 3. Utilities Budget: Personal Services ......................... $ Regular Operating Expenses ...............$ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Budget Unit Object Classes: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Positions Budgeted Authorized Motor Vehicles 2,500 74,733 33,000 5,500 916,733 915,733 22 1,052,272 181,539 38,079 62,424 9,500 4,020 72,750 60,623 28,980 --0-- 1,510,187 1,510,187 47 1,416,728 48,914 57,794 7,776 2,300 5,640 20,251 76,849 33,000 100,045 1,769,297 1,692,727 50 3,220,000 269,653 103,873 70,200 13,000 11,260 95,501 212,205 94,980 105,545 119 26 MONDAY, FEBRUARY 28, 1983 1893 Section 37. Regents, University System of Georgia. A. Budget Unit: Resident Instruction and University System Institutions ..................... $ 542,753,940 1. Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs.............. $ 424,387,796 Sponsored Operations ................... $ 56,737,000 Operating Expenses: Educ., Gen., and Dept. Svcs............. $ 120,136,900 Sponsored Operations ................... $ 59,327,000 Office of Minority Business Enterprise ..................... $ 277,773 Special Desegregation Programs ............ $ 268,646 Satellite Medical Facility Program .............................. $ --0-- Teachers' Retirement ..................... $ 54,415,184 Authority Lease Rentals .................. $ 16,370,000 Capital Outlay........................... $ 600,000 Total Funds Budgeted .................... $ 732,520,299 Less Agency Funds: Departmental Income ..................... $ 14,600,000 Sponsored Income ........................ $ 116,064,000 Other Funds............................. $ 138,573,000 Auxiliary Income ........................ $ --0-- Indirect Communication Charges ........... $ --0-- State Funds Budgeted .................... $ 463,283,299 Total Positions Budgeted 17,002 Provided, that from appropriated funds in this budget unit, the amount of $16,370,000 is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books whatsoever. Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an 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. 1894 JOURNAL OF THE SENATE Provided, that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution 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 '/4% Personal Services continuation fac tor incorporated into the Resident Instruction appropria tion in this Appropriations Act be utilized to provide 2'/i% 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 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 ..................... $ 618,350 --0-- 242,010 ---0--- 860,360 --0-- MONDAY, FEBRUARY 28, 1983 1895 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 .................... $ 785,180 800,000 551,070 943,750 3,080,000 Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted --0-- 1,743,750 400,000 ---0-- 936,250 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 .................. $ 359,840 162,487 185,290 126,263 833,880 Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted --0-- 288,750 --0-- --0-- 545,130 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..................... $ 9,302,473 23,700,742 6,963,345 19,739,840 425,270 1896 JOURNAL OF THE SENATE Total Funds Budgeted .................... $ 60,131,670 Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted --0-- 43,440,582 11,414,375 --0-- 5,276,713 313 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 ..... $ 1,104,796 35,000 691,585 15,000 515,041 2,361,422 Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted ................... $ Total Positions Budgeted 7. Agricultural Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $ Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $ Capital Outlay........................... $ Total Funds Budgeted .................... $ --0-- 50,000 1,257,767 --0-- 1,053,655 38 18,844,595 3,700,000 7,777,649 2,000,000 --0-- 32,322,244 Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 8. Cooperative Extension Service Budget: Personal Services: Educ., Gen., and Dept. Svcs.............. $ --0-- 5,700,000 6,839,745 --0-- 19,782,499 855 21,474,800 MONDAY, FEBRUARY 28, 1983 1897 Sponsored Operations ................... $ Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $ Total Funds Budgeted .................... $ 4,590,000 3,278,889 2,010,000 31,353,689 Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted --0-- 6,600,000 5,460,000 --0-- 19,293,689 960 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 .................... $ 47,328,326 2,660,000 21,396,914 670,000 2,100,000 74,155,240 Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Board of Corrections ..................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 1,150,000 3,330,000 43,201,453 1,548,498 --0-- 24,925,289 3,022 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 ........... 907,540 150,000 1,795,388 Less Agency Funds: Departmental Income .......... $ Sponsored Income ............. $ Other Funds.................. $ Indirect DOAS Services Funding $ 1898 JOURNAL OF THE SENATE State Funds Budgeted .................... $ Total Positions Budgeted 11. Veterinary Medicine Teaching Hospital Budget: Personal Services: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $ Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $ Total Funds Budgeted .................... $ Less Agency Funds: Departmental Income ..................... $ Sponsored Income ... .................... $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 12. Family Practice Residency Program Budget: Personal Services: Educ., Gen., and Dept. Svcs. ..........$ Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ Capitation Contracts for Family Practice Residency............... $ Residency Capitation Grants ............... $ New Program Development Contracts for Family Practice Residency ........... $ Student Preceptorships .................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 1,795,388 45 668,147 ---0-- 972,000 --0-- 1,640,147 1,324,178 315,969 53 114,843 94,634 2,000,000 2,050,000 150,000 185,000 4,594,477 4,594,477 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. Provided, that of the funds appropriated for Capita tion Grants for Family Practice, it is permissible that any funds not committed to existing programs may be used to begin a Family Practice Program at Emory University School of Medicine. MONDAY, FEBRUARY 28, 1983 1899 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 .................... $ 585,680 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: Educ., Gen., and Dept. Svcs............. $ 526,482,366 Sponsored Operations ................... $ 92,385,229 Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ 163,022,825 Sponsored Operations ................... $ 84,831,853 Office of Minority Business Enterprise ..................... $ 277,773 Special Desegregation Programs ............ $ 268,646 Satellite Medical Facility Program .............................. $ --0-- Fire Ant Research ....................... $ 150,000 Agricultural Research..................... $ 737,620 Disease Research......................... $ --O-- Advanced Technology Development Center .................... $ 515,041 Capitation Contracts for Family Practice Residency............... $ 2,000,000 New Program Development Contracts for Family Practice Residency ..................... $ 150,000 Residency Capitation Grants ............... $ 2,050,000 Student Preceptorships .................... $ 185,000 Teachers' Retirement ..................... $ 54,415,184 Authority Lease Rentals .................. $ 16,370,000 Capital Outlay--ETMH Renovations ........................... $ 2,100,000 Capital Outlay........................... $ 600,000 Total Positions Budgeted 22,407 1900 JOURNAL OF THE SENATE B. Budget Unit: Regents Central Office ........ $ Regents Central Office Budget: Personal Services......................... $ Operating Expenses....................... $ SREB Payments ......................... $ Medical Scholarships ..................... $ Regents Opportunity Grants ............... $ Regents Scholarships ..................... $ Grants to Junior Colleges ................. $ Rental Payments to Georgia Military College ....................... $ Central Savannah River Area Business League ....................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 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 18,092,922 2,802,331 609,139 6,667,400 547,500 500,000 200,000 6,576,552 190,000 --0-- 18,092,922 18,092,922 100 2,802,331 609,139 6,667,400 547,500 500,000 200,000 6,576,552 190,000 --0-- 100 0 Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $796 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student. Provided that none of the funds appropriated for the Regents Central Office shall be used to increase salaries of personnel being paid over $35,000 per year. C. Budget Unit: Georgia Public Telecommunications Commission ........................... $ Public Telecommunications Commission Budget: Personal Services: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $ 4,406,409 3,009,630 MONDAY, FEBRUARY 28, 1983 1901 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 $ 2,854,558 $ 5,864,188 1,457,779 4,406,409 137 $ 3,009,630 $ 2,854,558 137 14 Section 38. Department of Revenue. Budget Unit: Department of Revenue $ 39,752,000 1. Departmental Administration Budget: Personal Services......................... $ County Tax Officials/Retirement and PICA. ............................ $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ........... $ Postage .................................$ Total Funds Budgeted .................... $ Indirect Georgia Building Authority Rents........................ $ State Funds Budgeted .................... $ Total Positions Budgeted 1,017,000 854,618 168,563 --0-- 21,900 12,600 11,796 9,000 --0-- 23,777 3,000 150 2,122,404 --0-- 2,122,404 32 2. Motor Vehicle Administration Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ 4,746,000 483,950 ---0-- 10,000 315,000 1902 JOURNAL OF THE SENATE 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 37,947 2,438,162 95,459 157,258 750,000 311,400 9,345,176 9,345,176 242 Provided, that of the above appropriated amount re lating to motor vehicle tag purchases, $750,000 is desig nated and committed for use in contracting with the De partment of Offender Rehabilitation for the production of at least 750,000 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 .................................$ Postage .................................$ 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 ..................................$ 1,234,000 64,770 68,000 21,900 151,000 3,775 244,847 --0-- 21,063 145,000 --0-- 1,430,000 12,300 3,396,655 --0-- --0-- 3,396,655 55 1,510,000 20,550 --0-- MONDAY, FEBRUARY 28, 1983 1903 Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 5. Motor Fuel Taxation Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing.................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage ................................. $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 6. Income Taxation Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 7. Central Audit Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ --0-- 75,470 6,012 506,000 --0-- 29,113 --0-- 100,500 2,247,645 --0-- 2,247,645 83 713,000 5,450 --0-- --0-- 49,524 1,514 263,000 14,793 1,047,281 1,047,281 36 2,614,500 50,700 ---0-- --0-- 397,000 10,170 2,475,469 --0-- 44,249 --0-- 388,354 5,980,442 --0-- 5,980,442 128 2,440,000 16,040 518,000 1904 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-- 3,200 3,200 4,000 --0-- 19,754 1,500 75 3,005,769 3,005,769 82 8. Field Audit Services Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 6,758,500 203,240 297,000 58,400 47,200 21,000 119,825 326,098 217,096 --0-- 68,034 8,116,393 ---0-- 8,116,393 306 9. Internal Administration Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ Indirect Georgia Building Authority Rents........................ $ State Funds Budgeted .................... $ Total Positions Budgeted 1,416,000 182,270 ---0-- --0-- 360,000 14,438 71,000 997,603 14,700 --0-- 1,434,224 4,490,235 --0-- 4,490,235 69 Budget Unit Object Classes: Personal Services......................... $ 22,449,000 County Tax Officials/Retirement and FICA............................. $ 854,618 MONDAY, FEBRUARY 28, 1983 1905 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 1,195,533 883,000 112,200 1,410,994 109,852 6,131,303 1,323,701 480,004 306,758 --0-- 1,430,000 750,000 311,400 2,003,637 1,033 60 Section 39. Secretary of State. A. Budget Unit: Secretary of State ............ $ 12,889,294 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 .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 830,473 77,866 4,624 --0-- 47,663 4,000 6,640 106,944 28,788 25 24,000 1,131,023 1,131,023 35 2. 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 .................................$ 1,879,715 243,595 22,782 --0-- 14,600 56,000 --0-- 32,103 56,204 2,000 20,000 1906 JOURNAL OF THE SENATE Authority Lease Rentals .................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 3. Corporations Regulation Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ..................... $ Per Diem, Fees and Contracts ............ $ Postage ................................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 4. 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 5. 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 ................................. $ 1,276,000 3,602,999 3,562,999 82 562,846 22,467 263 --0-- 15,539 6,579 67,417 120,854 47,832 --0-- 36,000 879,797 879,797 31 181,777 18,005 315 3,000 5,700 350 3,000 300,000 512,147 512,147 8 623,838 36,530 2,257 --0-- 110,860 8,775 2,351 47,818 16,320 200 20,000 MONDAY, FEBRUARY 28, 1983 Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 6. 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 7. 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 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 1907 868,949 868,949 29 504,367 37,354 7,110 --0-- 4,000 2,300 10,000 101,122 13,835 2,100 400 682,588 682,588 18 451,940 42,303 24,550 --0-- 700 800 --0-- 10,764 8,800 1,745 2,500 544,102 544,102 15 82,785 5,050 1,730 4,357 11,025 2,699 3,860 2,000 113,506 113,506 3 1908 JOURNAL OF THE SENATE 9. 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 2,843,625 731,659 85,172 --0-- 75,000 16,023 92,294 241,010 98,022 271,378 140,000 4,594,183 4,594,183 133 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 .................... $ Medical Examiners............. $ Nursing Home Administrators............... $ Board of Nursing .............. $ Dispensing Opticians ........... $ Optometry .................... $ Occupational Therapy .......... $ Pest Control................... $ Pharmacy..................... $ Physical Therapy .............. $ Podiatry ...................... $ Polygraph Examiners ........... $ Practical Nursing .............. $ Board Costs 126,327 61,584 174 3,209 6,055 7,869 42,299 15,648 38,418 48,130 2,700 8,549 2,700 2,922 5,390 2,122 184,382 8,678 88,398 5,852 4,501 1,654 7,455 58,769 5,219 1,649 1,235 80,535 Cost of Operations $ 250,674 $ 128,472 $ 1,335 $ 42,210 $ 177,894 $ 52,253 $ 243,248 $ 523,555 $ 190,496 $ 254,757 $ 25,401 $ 102,741 $ 14,154 $ 13,338 $ 14,525 $ 14,482 $ 758,997 $ 21,445 $ 655,361 $ 24,551 $ 22,750 $ 7,599 $ 67,139 $ 320,993 $ 14,741 $ 16,790 $ 12,715 $ 411,896 MONDAY, FEBRUARY 28, 1983 1909 Private Detective............... $ Psychologists .................. $ Recreation ....................$ Sanitarian .................... $ Speech Pathology .............. $ Used Car Dealers.............. $ Used Car Parts................ $ Veterinary .................... $ Wastewater ................... $ Well Water ................... $ Total......................... $ 20,322 9,585 1,789 4,264 1,839 8,083 3,263 17,966 5,044 3,770 898,348 $ 209,274 $ 37,542 $ 18,726 $ 18,490 $ 15,071 $ 168,069 $ 20,537 $ 66,442 $ 46,914 $ 23,098 $ 5,008,675 Budget Unit Object Classes: Personal Services ......................... $ 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 7,961,366 1,214,829 148,803 --0-- 275,719 94,477 178,702 671,640 278,200 281,658 300,000 247,900 1,276,000 354 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 ......................... $ Regular Operating Expenses ..............$ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing.................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 870,553 528,962 118,291 12,000 --0-- 25,000 5,000 54,000 33,600 17,400 76,300 870,553 870,553 27 1910 JOURNAL OF THE SENATE Real Estate Commission Functional Budget Cost of State Funds Operations Pos. Real Estate Commission. $ 870,553 $ 911,503 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 528,962 118,291 12,000 ---0-- 25,000 5,000 54,000 33,600 17,400 76,300 27 11 Section 40. Georgia Student Finance Commission. Budget Unit: Georgia Student Finance Commission .................... $ 1. Internal Administration Activity Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Telecommunications ...................... $ 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 ............... $ 16,546,130 2,048,205 276,780 48,400 ---0-- 55,000 17,310 66,220 87,690 2,599,605 --0-- 94 320,000 320,000 253,000 0 3,410,000 11,100,000 MONDAY, FEBRUARY 28, 1983 1911 Student Incentive Grants .................. $ North Georgia College ROTC Grants ......................... $ Law Enforcement Personnel Dependents' Grants..................... $ Georgia Military Scholarship Grants... ............................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 3,740,505 135,000 28,000 70,910 18,484,415 16,293,130 0 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 ............. $ Payment of Interest and Fees .............. $ Guaranteed Educational Loans ............. $ Tuition Equalization Grants ............... $ Student Incentive Grants .................. $ Law Enforcement Personnel Dependents' Grants..................... $ North Georgia College ROTC Grants ......................... $ Georgia Military Scholarship Grants................................ $ Total Positions Budgeted Authorized Motor Vehicles 2,048,205 276,780 48,400 --0-- 55,000 17,310 66,220 87,690 320,000 3,410,000 11,100,000 3,740,505 28,000 135,000 70,910 94 1 Provided, that of the above appropriated amount rel ative to Educational Loans an amount not to exceed $14,000 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 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 pro vide cancellable loans to students as designated below pursuant to provisions of Code Section 20-3-374, to wit: (a) an amount not less than $1,435,000 is designated and committed for the purpose of providing cancellable loans to students in paramedical and other professional and 1912 JOURNAL OF THE SENATE educational fields of study; (b) an amount not to exceed $100,000 is designated and committed for the purpose of providing cancellable loans to students who are eligible members of the Georgia National Guard; (c) an amount not to exceed $225,000 is designated and committed for the purpose of providing cancellable loans to classroom teachers seeking special education training; (d) an amount not to exceed $30,000 is designated and commit ted for the purpose of providing cancellable loans to stu dents who are to become agricultural teachers; and (e) an amount not to exceed $135,000 is designated and com mitted for the purpose of providing cancellable loans to students who are to become mathematics or science 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 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 Code Sections 20-3-410 through 20-3-416. 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 Code Sections 20-3-430 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 Code Sections 20-3-450 through 20-3-455. Provided, that the above appropriated amount rela tive to North Georgia College Military Scholarship pro vides for payment of scholarships to select recipients as provided for in Code Sections 20-3-420 through 20-3437. 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 20-3-273, and loan discount fee payments to lenders as provided for in 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 MONDAY, FEBRUARY 28, 1983 1913 purpose of making timely payments of interest and spe cial allowances to lenders as provided for in Code Section 20-3-272 and Code Section 20-3-319. Section 41. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee ................ $ 1. Soil and Water Conservation Central Office Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 2. Soil and Water Conservation Dam Safety Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Budget Unit Object Classes: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing.................. $ Equipment Purchases ..................... $ 860,700 418,441 41,444 43,000 --0-- 12,369 4,150 --0-- 21,765 11,000 132,785 684,954 684,954 12 137,610 13,395 8,000 --0-- 400 500 6,500 4,141 3,200 2,000 175,746 175,746 5 556,051 54,839 51,000 --0-- 12,769 4,650 1914 JOURNAL OF THE SENATE Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Positions Budgeted Authorized Motor Vehicles 6,500 25,906 14,200 '134,785 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 .................... $ 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 2,319,000 1,472,220 73,800 20,600 --0-- 48,825 10,100 231,315 111,000 53,485 189,000 80,000 1,015,000 1,304,000 4,609,345 2,319,000 62 1,472,220 73,800 20,600 --0-- 48,825 10,100 231,315 111,000 53,485 189,000 80,000 1,015,000 1,304,000 62 1 MONDAY, FEBRUARY 28, 1983 1915 Section 43. Department of Transportation. Budget Unit: Department of Transportation ......................... $ 414,657,779 1. Planning and Construction Budget: Personal Services ......................... $ 74,799,806 Regular Operating Expenses ............... $ 4,904,656 Travel ..................................$ 1,128,888 Motor Vehicle Equipment Purchases .............................. $ --0-- Publications and Printing .................. $ 258,201 Equipment Purchases ..................... $ 58,233 Computer Charges ....................... $ ---0-- Real Estate Rentals ....................... $ 28,295 Telecommunications ...................... $ 1,011,196 Per Diem, Fees and Contracts ............. $ 6,862,995 Capital Outlay........................... $ 389,519,894 Geodetic Control ......................... $ 306,986 Capital Outlay--Paving State and Local Schools and State Institutions ................... $ 750,000 Capital Outlay--Paving State Parks and Historic Sites. ................ $ 500,000 Total Funds Budgeted .................... $ 480,129,150 State Funds Budgeted .................... $ 184,400,870 Total Positions Budgeted 3,023 2. Maintenance and Betterments Budget: Personal Services ......................... $ 57,668,922 Regular Operating Expenses ............... $ 39,779,079 Travel ..................................$ 366,773 Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ 17,509 Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ 5,400 Telecommunications ...................... $ 158,747 Per Diem, Fees and Contracts ............. $ 1,029,175 Capital Outlay........................... $ 66,123,001 Total Funds Budgeted .................... $ 165,148,606 State Funds Budgeted .................... $ 162,348,606 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 2,163,420 131,200 3,294,620 3,194,620 1916 JOURNAL OF THE SENATE 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 ........... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 8,908,788 960,097 95,000 --0-- 510,149 ---0-- 599,500 1,058,245 275,766 245,974 24,710,358 3,712,000 41,075,877 40,795,877 321 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 MONDAY, FEBRUARY 28, 1983 1917 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 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 Sink ing Fund" for the specific purpose of paying annual debt service requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of 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. 1918 JOURNAL OF THE SENATE Provided, further, that a member of the governing authority of the county, designated by such authority, shall submit to the State Auditor a copy of its regular annual audit not later than six months after the end of the fiscal year for which such audit is made. The State Auditor shall compare the amount of funds distributed to each county in such year under the provisions of 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 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 ........................ $ Maintenance and Betterments Rehabilitation and Improvements--Off System ............ $ 306,986 750,000 500,000 3,000,000 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. MONDAY, FEBRUARY 28, 1983 1919 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. 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 ...................... S Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Outlay--Airport Development .......................... $ 500,000 512,900 11,000 ---0-- 200 630,000 ---0-- 1 6,222 500 --0-- 1,660,823 1,276,450 16 655,000 49,500 16,000 ---0-- 22,000 400 --0-- --0-- 20,718 700,000 700,000 1920 JOURNAL OF THE SENATE Capital Outlay--Airport Operational Improvements ............... $ Capital Outlay--Airport Approach Aid ......................... $ Mass Transit Grants...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 1,000,000 100,000 2,016,475 5,280,093 3,443,343 22 9. Harbor Maintenance Budget: Habor Maintenance Payments ............. $ Capital Outlay - Land Acquisition .......... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ 564,000 --0-- 564,000 564,000 Budget Unit Object Classes: Personal Services......................... $ 142,532,516 Regular Operating Expenses ............... $ 46,206,232 Travel ..................................$ 1,617,661 Motor Vehicle Equipment Purchases ............................. $ 1,000,000 Publications and Printing .................. $ 808,059 Equipment Purchases ..................... $ 2,852,053 Computer Charges ....................... $ 599,500 Real Estate Rentals ...................... $ 1,091,941 Telecommunications ...................... $ 1,472,649 Per Diem, Fees and Contracts ............. $ 8,838,644 Capital Outlay ........................... $ 455,774,095 Mass Transit Grants...................... $ 2,016,475 Grants to Municipalities .................. $ 9,317,000 Harbor Maintenance Payments ............. $ 564,000 Grants to Counties ....................... $ 9,317,013 Authority Lease Rentals .................. $ 24,710,358 Capital Outlay--Airport Development .......................... $ 700,000 State of Georgia General Obligation Debt Sinking Fund .................................$ 3,712,000 Capital Outlay--Airport Operational Improvements ............... $ 1,000,000 Capital Outlay--Airport Approach Aid ......................... $ 100,000 Geodetic Control ......................... $ 306,986 Capital Outlay--Paving State and Local Schools and State Institutions ................... $ 750,000 Capital Outlay--Paving State Parks and Historic Sites................. $ 500,000 Total Positions Budgeted 6,946 Authorized Motor Vehicles 4,800 MONDAY, FEBRUARY 28, 1983 1921 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 ('/a) 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 $564,000 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 ...................... $ 12,344,087 3,093,592 68,486 84,500 --0-- 17,000 4,000 --0-- 188,768 1922 JOURNAL OF THE SENATE 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 .................. $ 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 Expenses/Payments to Medical College of Georgia .............. $ Regular Operating Expenses for Projects........................... . $ Total Positions Budgeted Authorized Motor Vehicles 55,500 5,000 32,200 3,549,046 3,309,667 142 1 --0-- 27,865 18,185 7,767,115 7,813,165 6,419,960 --0-- 11,960 --0-- 3,384,220 3,396,180 2,614,460 3,093,592 68,486 84,500 --0-- 17,000 43,825 ---0-- 188,768 55,500 5,000 --0-- 32,200 7,767,115 3,384,220 18,185 142 1 MONDAY, FEBRUARY 28, 1983 1923 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 4,447,543 3,111,855 85,784 40,000 --0-- 34,000 12,000 225,420 376,596 75,000 40,716 51,800 4,053,171 4,038,171 127 331,096 8,830 10,000 ---0-- 2,000 350 --0-- 29,896 8,200 12,500 6,500 409,372 409,372 15 3,442,951 94,614 50,000 --0-- 36,000 12,350 225,150 406,492 83,200 53,216 58,300 142 1 1924 JOURNAL OF THE SENATE Section 46. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) ........ Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New)....... $ 114,051,180 $ 31,780,460 Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,210,000 is specifically appropriated for the pur pose of financing the construction and equipping of build ings and facilities under the control of the State Board of Regents at the University System through the issuance of not more than $8,500,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $11,830,400 is specifically appropriated for the purpose of financing a school construction program throughout the State of Georgia, which will consist of the construction and equipping of school buildings and facili ties, including vocational education comprehensive high schools, through the issuance of not more than $91,003,014 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $8,975,200 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 $34,520,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,600,000 is specifically appropriated for the pur pose of financing the equipping of the Georgia World Congress Center through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $390,000 is specifically appropriated for the pur pose of constructing and equipping a Regional Youth De velopment Center through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt. MONDAY, FEBRUARY 28, 1983 1925 Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $3,499,860 is specifically appropriated for the pur pose of financing the construction and equipping the Georgia Public Safety Training Academy in Monroe County, Georgia through the issuance of not more than $13,461,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,339,000 is specifically appropriated for the pur pose of financing the construction of a Regional Youth Development Center and the renovation of facilities under the control of the Board of Human Resources through the issuance of not more than $10,300,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $936,000 is specifically appropriated for the pur pose of financing the acquisition and clearing land for the deposit of spoilage through the issuance of not more than $3,600,000 in principal amount of General Obligation Debt. Section 47. In addition to all other appropriations for the State fiscal year ending June 30, 1984, there is hereby appropriated $2,000,000 to be allocated to various state agencies for the purpose of paying unemployment compensation payments to former employees. Funds are to be distributed to the various agencies according to the method developed by the Office of Planning and Budget, the Department of Administrative Services and the Leg islative Budget Office. Section 48. There is hereby appropriated $17,000,000 for the payment of the State cost of 1.2% increase in the employer contribution rate in the State Employees Health Insurance Plan and a .75% increase for the Teachers Plan to be effective July 1, 1983. The Office of Planning and Budget is authorized and directed to transfer funds from this Section to appropriate budget units for the purpose of making such payments. Section 49. Cost-of-Living Increases. In addition to all other appropriations for the State fiscal year ending June 30, 1984, there is hereby appropriated $113,821,510 for the purposes described herein: 1) An increase of 4% with a minimum of $400 per annum for full-time employ ees of the executive, judicial and legislative branch of state government, effective July 1, 1983; 2) For a 5% in crease on the current salary schedule for teachers, public librarians and other instructional and support personnel, 1926 JOURNAL OF THE SENATE with first and second year teachers to be paid as those with two years of experience and with resumption of an nual increments after completion of one year of experi ence and permanent certification, effective the following month, effective September 1, 1983; 3) To add one step to the current salary schedule, effective September 1, 1983; 4) For school bus drivers, a 5% salary increase, ef fective July 1, 1983; 5) For university system employees, a 5% salary increase, to be effective September 1, 1983 for academic contracted personnel; 6) A 5% salary in crease, effective July 1, 1983, for non-academic person nel, and fiscal year contracted personnel of the university system and employees of the Athens and Tifton Veteri nary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Stations, provided that no cost of living increase be provided for officials and employees of Regents Central Office who are paid over $30,000 per annum; and 7) An increase of 4% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as au thorized in said Act, Code Section 45-7-4, and for secre taries for whom salaries are set by Act 279 (H.B. 360) of the 1977 Regular Session of the Georgia General Assem bly, Code Sections 15-6-25 and 15-18-17, effective July 1, 1983. Provided, further, that no funds shall be transferred from this section without prior review and approval by the Legislative Budget Office. Section 50. In addition to all other appropriations for the State fiscal year ending June 30, 1984 there is hereby appropriated $2,800,000 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 $6,571,795 for the purpose of pro viding operating funds for the State physical health labo ratories ($175,000 - Budget Unit "A") and for State mental health/mental retardation institutions ($6,396,795 - 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 appropriate departmental budgets on a quarterly basis in amounts equal to those of depart mental remittances to the Fiscal Division of the Depart ment of Administrative Services from agency fund collec tions. Section 51. It is the intent of this General Assem bly that appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt-sinking funds, and that no funds be withdrawn from debt-sinking funds except for the purpose of paying prin- MONDAY, FEBRUARY 28, 1983 1927 cipal, interest and trustees fees, or for transfer to another sinking fund. Section 52. It is the intent of this General Assem bly that each and every agency, board, commission and authority receiving appropriations in this Act shall de velop and enforce stringent regulations relating to the use of motor vehicles owned, leased or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use such vehicles except for official State business. Provided, further, it is the intent of this General 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 to be appropriate to control the utilization of such equipment. It is the further intent of this General Assembly that each State agency implement procedures to control usage of long-distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor. Section 53. It is the intent of this General Assem bly that to the extent to which Federal funds become available 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 experi enced 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 54. It is the intent of this General Assem bly that each agency for which an appropriation is au thorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily deter- 1928 JOURNAL OF THE SENATE mine by Object Class the expenditures of each activity contained in this Appropriations Act. Section 55. 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 56. No State appropriations authorized under this Act shall be used to continue programs cur rently funded by 100% Federal funds. Section 57. 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 58. 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 59. 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- MONDAY, FEBRUARY 28, 1983 1929 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 the fiscal year to which this appropriations Act applies, and provided, further, that no funds whatso ever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fis cal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appro priations Committees of the Senate and House of Repre sentatives of all instances revealed in his audit in which the expenditures by object class of any department, bu reau, 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. Section 60. Wherever in this Act the term "Budget Unit Object Classes" is used, it shall mean that the ob ject classification following such term shall apply to the total expenditures within the Budget Unit, and shall su persede the object classification shown in the Governor's Budget Report. Section 61. It is the intent of the General Assem bly that for the purposes of this Act, (1) Authorized motor vehicles are defined as se dans, 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- 1930 JOURNAL OF THE SENATE thorized in this Act unless specifically approved by this General Assembly. Section 62. 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 63. TOTAL STATE FUND APPROPRIATIONS State F.Y. 1984. ..................... $ 4,018,000,000. Section 64. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 65. All laws and parts of laws in conflict with this Act are hereby repealed. Senator Coverdell of the 40th offered the following amendment: Amend the substitute to HB 163 offered by the Senate Committee on Appropriations by inserting at the end of Section 33E the following language: "Provided, that of the above appropriation relating to Grants to In dependent Probation Systems, the Department shall, for disbursement purposes, compute the State cost per probationer on a state-wide basis pursuant to the formula used by the Office of Planning and Budget and make payments to the independent county probation systems utilizing this State cost per probationer." On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted. Senator Cobb of the 28th offered the following amendment: Amend the substitute to HB 163 offered by the Senate Committee on Appropriations by inserting between line 21 and line 22 on Page 170 in Section 37, and after the word "Stations", on line 15, Page 215 of Section 49 the following language: "Provided that salary increases for employees who are paid over $35,000 per annum shall be limited to $2,000 per annum to include costof-living and within-grade increases." MONDAY, FEBRUARY 28, 1983 1931 Senator Cobb of the 28th offered the following amendment: Amend the amendment offered by Senator Cobb of the 28th to the sub stitute to HB 163 offered by the Senate Committee on Appropriations by adding on line 2 after the word "to" and before "$2,000" the following: "not more than". On the adoption of the amendment, the yeas were 33, nays 1, and the amendment was adopted. On the adoption of the amendment offered by Senator Cobb of the 28th, the yeas were 35, nays 0, and the amendment was adopted as amended. Senators Kennedy of the 4th and Coleman of the 1st offered the following amendment: Amend the substitute to HB 163 offered by the Senate Committee on Appropriations by inserting in Section 26 on Page 98 between lines 9 and 10 the following language: "Provided, further, $125,000 of the funds appropriated to the De partment of Human Resources, Public Health - Local Services Activity is designated and committed for the purpose of funding the Community Cardiovascular Council in Savannah, Georgia." On the adoption of the amendment, the yeas were 32, 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. 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 Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal 1932 Dean English Engram Fincher Foster Garner Gillis Harris Harrison Hill Hine Holloway Horton JOURNAL OF THE SENATE Howard Hudgins 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 Tysinger Walker Those not voting were Senators: Bond Greene Tate Brantley On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Starr of the 44th moved that HB 163 be immediately transmitted to the House. On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 163 was immediately transmitted to the House. The following general resolution of the Senate was taken up for the purpose of considering the House amendment thereto: SR 49. By Senators Allgood of the 22nd and Lester of the 23rd: A resolution authorizing the placing of a portrait of Honorable Richard A. Dent in the State Capitol Building. MONDAY, FEBRUARY 28, 1983 1933 The House amendment was as follows: Amend SR 49 in the following manner: On Page 2, line 17, add the word "Governor," before the word "Presi dent" so that line 17 shall read: "be selected by the Governor, President of the Senate and the Speaker of the House of Representatives." Senator Allgood of the 22nd moved that the Senate agree to the House amend ment to SR 49. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coggin Coleman Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy Perry Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Those not voting were Senators: Bond Cobb Fincher Greene Phillips Thompson Walker On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 49. 1934 JOURNAL OF THE SENATE The following local bill of the Senate was taken up for the purpose of considering the House amendment thereto: 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 House amendment was as follows: Amend SB 219 by striking all matter on lines 28 through 33 of Page 5 and inserting in lieu thereof the following: "Section 1.1. (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 nomi nating members of the board from Education 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." By striking all matter on lines 19 through 24 of Page 6 and inserting in lieu thereof the following: "1983." Senator Peevy of the 48th moved that the Senate agree to the House amendment to SB 219. On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 219. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: 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. 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: MONDAY, FEBRUARY 28, 1983 1935 Those voting in the affirmative were Senators: Barnes Bowen Brantley Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis 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 T1"aatlter Li.iiefield TUESDAY, MARCH 1, 1983 2069 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 Coggin Dean Garner Hill Hudgins On the passage of the bill, the yeas were 50, 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 amendment to the Senate substitute thereto: 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. The House amendment was as follows: Amend the substitute to HB 189 offered by the Senate by adding in line 11 of Page 1 after the following: "(11)", the following: ", (12)". By striking on line 19 of Page 2 the following: "$5,200.00", and inserting in lieu thereof the following: "$4,800.00". 2070 JOURNAL OF THE SENATE Senator Kennedy of the 4th moved that the Senate agree to the House amendment to the Senate substitute to HB 189. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Dean English Engram Fincher Garner Gillis Harris Hill Hine Holloway Huggins Kennedy Kidd Lester McGill McKenzie Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Tate Thompson Timmons Trulock Turner Walker Those voting in the negative were Senators: Barker Barnes Burton Coverdell Dawkins Deal Foster Greene Harrison Horton Howard Land Littlefield Peevy Starr Stumbaugh Tysinger Not voting were Senators Coggin and Hudgins. On the motion, the yeas were 37, nays 17; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 189. The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: 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. TUESDAY, MARCH 1, 1983 2071 The House amendment was as follows: Amend SB 45 by adding after the first semicolon on line 4 of Page 1 the following: "to enact a new Code Section 16-9-58 relating to the crime of fail ure to pay for agricultural products, naval stores, or other chattels;". By renumbering Section 2 as Section 3 and inserting a new Section 2 to read as follows: "Section 2. A new Code Section 16-9-58 is added at the end of Arti cle 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, said new Code section to read as follows: '16-9-58. Any person, either on his own account or for others, who shall buy cotton, corn, rice, crude turpentine, spirits of turpentine, rosin, pitch, tar, timber, pulpwood, poultry and poultry products, cattle, hogs, sheep, goats, horses, mules, pecans, peaches, apples, watermelons, canta loupes, or other products or chattels and shall fail or refuse to pay there for or shall make way with or dispose of the same before he shall have paid therefor unless credit shall be expressly extended therefor shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than five years.'" Senator Turner of the 8th moved that the Senate agree to the House amendment to SB 45. 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 BBrrroaowunn%ooff 4A467Mtthh BBruyrtaonnt Cobb Coleman Coverdell Dawkins Deal English Engram Fincher Foster Garner Gillis Harris 5HH*iilnnlenSOn HHoolrltoown ay Howard Huggins Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy Perry phmi ScSccoott..tt oofff 43.36, rthd, Sttuarmrb, augh. Tate Thompson Trulock Turner Tysinger Walker 2072 JOURNAL OF THE SENATE Those not voting were Senators: Coggin Dean Greene Hudgins Scott of 2nd Timmons On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 45. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: 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. Senate Sponsor: Senator McGill of the 24th. The Senate Committee on Agriculture offered the following amendment: Amend HB 89 by striking all matter from line 14 of Page 1 through line 20 of Page 2 and inserting in lieu thereof the following: " '10-4-4. (a) The provisions of this article shall not be construed to apply to: (1) Any warehouse licensed under the United States Warehouse Act, as amended, if the licensee has in effect a federal bond in an amount not less than the amount of the bond which would be required under subsections (a) and (b) of Code Section 10-4-12; or (2) Any warehouse kept or maintained by any warehouseman on the premises of any other person under a contract between the warehouse man and the other person for the primary purpose of storage therein of agricultural products of the other person, provided that no agricultural products are stored therein for the account of any producer other than the other person; provided, however, that such warehouseman may come under this article at his option. (b) Any person, firm, corporation, or association storing peanuts, cottonseed, or tobacco may be required only, at his or its option, by ap plication, to qualify and come under this article.'" 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 as amended, was agreed to. TUESDAY, MARCH 1, 1983 2073 On 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 Coleman Coverdell Dawkins Deal Dean English Engram Foster 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 Timmons Turner Tysinger Walker Not voting were Senators: Brannon Coggin Fincher Greene Trulock On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 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. Senate Sponsor: Senator Howard of the 42nd. Senator Garner of the 30th offered the following substitute to HB 400: A BILL TO BE ENTITLED AN ACT To amend Code Section 43-34-27 of the Official Code of Georgia An- 2074 JOURNAL OF THE SENATE 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; to repeal Code Section 43-34-1 of the Official Code of Georgia Annotated, relating to the practice of naturopathy; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 43-34-27 of the Official Code of Georgia Anno tated, relating to the licensing requirements for persons engaged in the prac tice of medicine, is amended by striking paragraph (2) of subsection (a) in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: "(2) Any such graduate after completing a year's training as an in tern as required by paragraph (3) of this subsection shall be eligible to stand any regular examination given by the board for a license to prac tice medicine in this state. However, before such person shall be eligible to receive a license to practice medicine in this state, he shall furnish the board with satisfactory evidence of attainments and qualifications under this Code section and the rules and regulations of the board. Nothing contained in this Code section shall be construed so as to require a person who has previously passed an examination given by the board for a li cense to practice medicine in this state to stand another examination." Section 2. Code Section 43-34-1 of the Official Code of Georgia Anno tated, relating to the practice of naturopathy, is repealed in its entirety. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 26, nays 9, 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 Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Harris Harrison Hill Hine Holloway HHoowrtoanrd Hudgins Huggins Kennedy Kidd TUESDAY, MARCH 1, 1983 2075 Land Lester Littlefield McGill PMeceKvyenzie Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh jate ^T,hompson Trulock Turner Tysinger Walker Those not voting were Senators: Coggin Greene 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 Deal of the 49th introduced a doctor of the day, Dr. John Darden, of Gainesville, Georgia, and Senator Thompson of the 32nd introduced a doctor of the day, Dr. Rich Hammesfahr, of Atlanta, Georgia. Also serving as a doctor of the day was Dr. Ferrol A. Sams, III, of Fayetteville, Georgia. Time having arrived for the entertainment of the reconsideration motion, Senator Kidd of the 25th moved that the Senate reconsider its action previously today in de feating the following bill of the House: 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. On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 707 was reconsidered and placed at the foot of the Senate General Calendar. 2076 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 Senate: 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. The House has passed, by substitute, by the requisite constitutional majority the following bill 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 Anno tated, relating to sexual offenses, so as to define the crime of sexual assault; to define other terms; to provide penalties. The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate: 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. The following general bill and resolution of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 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 the proceeds of the tax. Senate Sponsor: Senator Kidd of the 25th. The rPIeport of the committee, which was favorable to the passage of the bill, was agreed to. TUESDAY, MARCH 1, 1983 2077 On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land tester Littlefield 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: Bowen Coggin Fincher McGill Timmons On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Tysinger of the 41st. Senator Tysinger of the 41st offered the following amendment: Amend HR 255 by striking from line 2 of Page 2 the following: "the state museum", and inserting in place thereof the following: "a state museum to be administered by the Georgia Building Authority". 2078 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 adoption of the resolu tion, was agreed to as amended. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Land Lester Littlefield 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 Hudgins. Those not voting were Senators: Barker Bowen Bryant Coggin Gillis McGill McKenzie Timmons On the adoption of the resolution, the yeas were 47, nays 1. The resolution, having received the requisite constitutional majority, was adopted as amended. TUESDAY, MARCH 1, 1983 2079 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 598. By Representative Phillips of the 125th: A bill to repeal an Act entitled "An Act to provide for the manner of ap pointment of members to the Board of the Chatham County Hospital Authority". HB 784. By Representative Selman of the 32nd: A bill to amend an Act providing a new charter for the City of Palmetto, so as to annex into the city limits of the City of Palmetto that property gener ally located northeast of the present city limits and lying and being between Roosevelt Highway and the northern land lot line of Land Lot 124 to the east. HB 838. By Representatives Lane of the lllth and Godbee of the 110th: A bill to amend an Act creating a new charter for the City of Statesboro, so as to change the maximum amount of fines which may be imposed by the court. HB 841. By Representative Ross of the 82nd: A bill to amend an Act amending, revising, consolidating, and superseding the Act incorporating the Town of Norwood, so as to change the term of the mayor and councilmen of said town and provide for biennial elections therefor. HB 843. By Representative Darden of the 20th: A bill to amend an Act creating the board of commissioners of Cobb County, so as to authorize the board to delay until October 1, 1983, the effective date of any salary increase provided for by an Act of the 1983 General Assembly which is to be paid from county funds. The House has adopted by the requisite constitutional majority the following reso lution of the House: HR 292. By Representatives Ginsberg of the 122nd and Hamilton of the 124th: A resolution creating the Chatham County Hospital Authority Study Commission. 2080 JOURNAL OF THE SENATE 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 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. 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 bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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 House substitute to SB 2 was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 8 of Title 40 of the Official Code of Georgia Anno tated, relating to equipment and inspection of vehicles, so as to provide that it shall be unlawful to affix material to the front windshield or right or left front door windows of a motor vehicle which will obstruct vision into the vehicle; to make it unlawful to operate a motor vehicle which has material affixed to the front windshield or right or left front door windows of the vehicle which obstructs vision into the vehicle; to provide for exceptions; to provide penalties for violations; 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 8 of Title 40 of the Official Code of Georgia Anno tated, relating to equipment and inspection of vehicles, is amended by ad ding between Code Sections 40-8-73 and 40-8-74 a new Code section, to be designated Code Section 40-8-73.1, to read as follows: "40-8-73.1. (a) It shall be unlawful for any resident person, firm, or TUESDAY, MARCH 1, 1983 2081 corporation to affix any material to the front windshield or right or left front door windows of a motor vehicle which will obstruct vision into the vehicle. (b) It shall be unlawful for any resident person to operate a motor vehicle in this state which has material affixed to the front windshield or right or left front door windows of the vehicle which obstructs vision into the vehicle. (c) (1) 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 by or pursuant to the authorization of 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. (E) Licensed limousines for hire being regulated by the Public Ser vice Commission or a political subdivision of this 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 law to be dis played 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 if: (A) The bottom edge of the material on the front windshield is at least 29 inches above the undepressed driver's seat when measured from a point five inches in front of the bottom of the backrest with the driver's seat in its rearmost and lowermost position with the vehicle on a level surface; (B) The material is not red or amber in color; (C) 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 (D) 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 misde- 2082 JOURNAL OF THE SENATE meaner and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or by imprisonment not to exceed 12 months, or both." 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. Senator Cobb of the 28th moved that the Senate agree to the House substitute to SB 2. On the motion, 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 Coleman Coverdell Dawkins Deal Dean English Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Horton Hudgins Huggins Kennedy Kidd Land Lester McGill Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Timmons Trulock Turner Tysinger Walker Those voting in the negative were Senators: Barnes Peevy Thompson Those not voting were Senators: Coggin Engram Holloway Howard Littlefield McKenzie Stumbaugh On the motion, the yeas were 46, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 2. TUESDAY, MARCH 1, 1983 2083 The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: 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. 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: Allgood Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English Fincher Foster Giilis Greene Harris Harrison Hill Hine Horton Hudgins Huggins Kennedy Kidd Land Lester 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: Bowen Coggin Engram Garner Holloway Howard Littlefield Stumbaugh On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. 2084 JOURNAL OF THE SENATE 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. 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 Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal English Fincher Foster Gillis Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McGill 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: Bowen Coggin Dean Engram Garner Greene Harris Littlefield McKenzie Stumbaugh On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. 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 TUESDAY, MARCH 1, 1983 2085 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. Senate Sponsor: Senator Starr of the 44th. The Senate Committee on Education offered the following substitute to HB 532: A BILL TO BE ENTITLED AN ACT 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; to provide that required local participation in these projects shall be calculated on the basis of the formula that existed in the year the entitlement occurred; to remove the total local funding authorized for capital outlay projects; to repeal conflict ing laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 20-2-250 of the Official Code of Georgia Anno tated, relating to capital outlay funds for educational facilities, is amended by striking therefrom paragraph (5) of subsection (c) in its entirety and substituting in lieu thereof a new paragraph (5) to read as follows: "(5) To develop a state-wide needs assessment for purposes of plan ning and developing policies, anticipating state-wide needs for educa tional facilities, and providing assistance to local units in developing edu cational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the De partment of Human Resources, census data published by the Bureau of the Census, local unit educational facilities and real property inventories, educational facilities surveys, average daily attendance projection re search, and educational facilities construction plans, and shall reflect the demand areas for capital outlay. In addition, the State Board of Educa tion shall develop a consistent, systematic research approach to average daily attendance projections which will be used in the development of needs within each local unit, but such projections shall not be confined to resident pupils in average daily attendance but shall be based on average daily attendance which includes nonresident pupils, whether or not such nonresident pupils attend school pursuant to a contract between local units of administration. The non-resident projection shall be the most recent five-year ADA average. The survey team will use such projections in determining the improvements needed for the five-year planning pe riod. The state board shall also develop schedules for allowable square footage and cost per square foot. The cost estimate for each recom mended improvement included in the plan shall be based on these sched ules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsi- 2086 JOURNAL OF THE SENATE bility of the local unit and shall not count toward present or future re quired local participation;". Section 2. Said Code section is further amended by striking therefrom subsection (g) in its entirety and substituting in lieu thereof a new subsec tion (g) to read as follows: "(g) (1) Except as provided in paragraph (2) of this subsection, ef fective July 1, 1983, the state and each local unit of administration shall provide capital outlay funds for educational facilities in accordance with this subsection as follows: (A) The required local participation shall be 25 percent of the eligi ble project cost as modified by the local ability index and annual debt service. The local ability index shall be determined by dividing the amount of the local unit's equalized adjusted school property tax digest per resident pupil in average daily attendance by the total amount of the state-wide equalized adjusted school property tax digest per total resident average daily attendance. The resulting index shall be multiplied by 25 percent of the cost of the eligible construction project to determine the required local participation. A local unit may reduce its required local participation by an amount equal to no more than 75 percent of annual debt service payments of interest and principal on local bonds issued for eligible construction projects. Regardless of the above, no local unit's re quired local participation shall be less than 10 percent nor greater than 25 percent of the cost of an eligible construction project except as pro vided in paragraph (2) of this Code section; and (B) Eligible construction projects for consolidations as determined in subsection (0 of this Code section shall require no local funds; provided, however, that the state shall participate in no more than 25 percent of the cost of construction projects related to damage to educational facili ties caused by fire or natural disaster. (2) Any local unit of administration which did not use its entitle ments prior to July 1, 1983, shall have its required local participation calculated based on the law as it existed in the year in which the entitle ment accrued." Section 3. Said Code section is further amended by striking therefrom paragraph (4) of subsection (h) in its entirety and inserting in lieu thereof a new paragraph (4) of subsection (h) to read as follows: "(4) In order to determine the amount of state funds to be requested for a given fiscal year, total new and accrued entitlements must be com pared to the state portion of the current cost estimates of the projects approved in the educational facilities plan in priority order. The above comparison shall be made for each of the incremental entitlement levels required in paragraph (1) of this Code section. In the event that projects requested for funding exceed the total state entitlements and required local participation, local units may elect to contribute additional local funding. Local funds contributed in excess of required local participation may be credited toward required local participation in subsequent years, provided that the requested state appropriation for this subsection shall TUESDAY, MARCH 1, 1983 2087 not exceed $100 million annually and, if necessary, the new entitlement level shall be reduced to comply with this limitation." Section 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Greene 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 Trulock Turner Tysinger Walker Those not voting were Senators: Allgood Coggin Gillis Harris McKenzie On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. 2088 JOURNAL OF THE SENATE The following bill of the House was taken up for the purpose of considering the House action thereon: HB 163. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 11 Sth and others: A bill to make and provide appropriations for the State fiscal year beginning July 1, 1983, and ending June 30, 1984. Senator Starr of the 44th moved that the Senate adhere to the Senate substitute to HB 163, and that a Conference Committee be appointed. On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 163. 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 Kennedy of the 4th. The following bills and resolution of the House were read the first time and re ferred to committee: HB 598. By Representative Phillips of the 125th: A bill to repeal an Act entitled "An Act to provide for the manner of ap pointment of members to the Board of the Chatham County Hospital Authority". Referred to Committee on Federal, State and Community Affairs. HB 784. By Representative Selman of the 32nd: A bill to amend an Act providing a new charter for the City of Palmetto, so as to annex into the city limits of the City of Palmetto that property gener ally located northeast of the present city limits and lying and being between Roosevelt Highway and the northern land lot line of Land Lot 124 to the east. Referred to Committee on Federal, State and Community Affairs. HB 838. By Representatives Lane of the lllth and Godbee of the 110th: A bill to amend an Act creating a new charter for the City of Statesboro, so as to change the maximum amount of fines which may be imposed by the court. Referred to Committee on Federal, State and Community Affairs. TUESDAY, MARCH 1, 1983 2089 HB 841. By Representative Ross of the 82nd: A bill to amend an Act amending, revising, consolidating, and superseding the Act incorporating the Town of Norwood, so as to change the term of the mayor and councilmen of said town and provide for biennial elections therefor. Referred to Committee on Federal, State and Community Affairs. HB 843. By Representative Darden of the 20th: A bill to amend an Act creating the board of commissioners of Cobb County, so as to authorize the board to delay until October 1, 1983, the effective date of any salary increase provided for by an Act of the 1983 General Assembly which is to be paid from county funds. Referred to Committee on Federal, State and Community Affairs. HR 292. By Representatives Ginsberg of the 122nd and Hamilton of the 124th: A resolution creating the Chatham County Hospital Authority Study Commission. Referred to Committee on Federal, State and Community Affairs. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: 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. Senate Sponsors: Senators Coggin of the 35th and 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 Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Greene Harris Hill 2090 JOURNAL OF THE SENATE Hine Hollo way 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: Broun of 46th Coggin Gillis Harrison 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 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. Senate Sponsor: Senator Coleman of the 1st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram Foster Garner Greene Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield TUESDAY, MARCH 1, 1983 2091 McGill Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Timmons Trulock Turner _. Tysmger Walker Those not voting were Senators: Barnes Coggin Fincher Gillis Harris Harrison McKenzie Scott of 36th Thompson On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 386. By Representatives Russell of the 64th and Under 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. Senate Sponsors: Senators Greene of the 26th and tester 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 Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram Foster Gillis Greene 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 Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker 2092 JOURNAL OF THE SENATE Those not voting were Senators: Coggin Fincher Garner Harris Harrison McKenzie Starr (excused conferee) On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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 House substitute to SB 40 was as follows: A BILL TO BE ENTITLED AN ACT To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide a standard of care for handicapped infants; to define the crime of sexual assault on a confined person; to define other terms; to provide penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by adding after Code Section 16-5-70, relating to cruelty to children, a new Code Section 16-5-71 to read as follows: "16-5-71. (a) As used in this Code section, the term 'handicapped child' means any child who has a physical or mental impairment which substantially limits one or more of such child's major life activities. (b) No parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under 18 years of age shall deprive, or permit another to deprive, a handicapped child of nutri tion which is necessary to sustain life or medical treatment which is nec essary to remedy or ameliorate a life-threatening medical condition, if: TUESDAY, MARCH 1, 1983 2093 (1) Any such deprivation is carried out for the purpose of causing or allowing the death of such child; and (2) Such nutrition or medical treatment is generally provided to sim ilarly situated handicapped and nonhandicapped children. (c) The violation of subsection (b) of this Code section shall consti tute cruelty to children and shall be punished as provided in Code Sec tion 16-5-70." Section 2. Said title is further amended by adding between Code Sec tions 16-6-5 and 16-6-6 a new Code section, to be designated Code Section 16-6-5.1, to read as follows: "16-6-5.1. (a) As used in this Code section, the term: (1) 'Actor' means a person accused of sexual assault on a confined person. (2) 'Intimate parts' means the genital area, groin, inner thighs, but tocks, oral orifice, hands, or breasts of a person. (3) 'Sexual contact' means any contact for the purpose of sexual gratification of the actor with the intimate parts of a person not married to the actor. (b) A person commits sexual assault on a confined person when he engages in sexual contact with another person who is in the custody of any lawful authority or who is detained 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 on a con fined person shall be punished by imprisonment for not less than one nor more than three years." Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Hudgins of the 15th moved that the Senate disagree to the House substi tute to SB 40. On the motion, the yeas were 38, nays 2; the motion prevailed, and the Senate disagreed to the House substitute to SB 40. The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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. 2094 JOURNAL OF THE SENATE The House substitute to SB 276 was as follows: A BILL TO BE ENTITLED AN ACT To provide for the appointment of the initial chief magistrate of the Magistrate Court of Hancock County; to provide for the election of succes sors to said initial chief magistrate; to provide for the selection of other magistrates; to provide for terms of office; to provide for the appointment of other court personnel; to provide for constables; to provide for filling vacan cies; to provide for the compensation of the chief magistrate and other mag istrates and of other court personnel; to excuse the chief magistrate from certain jury duty; to provide for reimbursing the chief magistrate and other magistrates for their reasonable costs and expenses of training; to provide for severability; to provide for the collection of additional costs in the magis trate court for the county law library; 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 this Act to implement certain changes re quired by Article VI of the Constitution of the State of Georgia and author ized by general law. Section 2. (a) The initial chief magistrate of the Magistrate Court of Hancock County shall be appointed by the chief judge of the Superior Court of Hancock County with the concurrence of the governing authority of Han cock County. Such initial chief magistrate shall serve for a term of office which begins on July 1, 1983, and expires on December 31, 1984. (b) At the general election in 1984 and at the general election held every four years thereafter, a successor shall be elected for a term of office of four years, such term to begin on the first day of January imme diately following any such election. (c) Any other magistrate taking office in Hancock County on July 1, 1983, shall continue in office for a term which shall expire on the date of expiration of the term which he was serving in such other capacity. Such other magistrates shall thereafter be appointed by the governing author ity of Hancock County for terms which expire on the date that the term of office of the chief magistrate expires. The governing authority shall not appoint more than three magistrates for said magistrate court. (d) The chief magistrate shall appoint the clerk and other court per sonnel of the magistrate court; provided, however, that the number of such court personnel shall be approved by the governing authority of Hancock County. (e) The officers of the Hancock County Police Department shall serve as constables for the Magistrate Court of Hancock County. (f) The chief magistrate appointed to the Magistrate Court of Han cock County shall be exempt from jury duty in the superior court or any TUESDAY, MARCH 1, 1983 2095 other court existing or which may be created or established in Hancock County. Section 3. (a) A vacancy in the office of the chief magistrate of the Magistrate Court of Hancock County shall be filled by appointment by the governing authority of Hancock County until the next general election, at which time a person shall be elected to fill the remainder of the unexpired term. (b) A vacancy in the office of any other magistrate shall be filled by appointment by the governing authority of Hancock County for the re mainder of the unexpired term. Section 4. (a) The chief magistrate shall be placed on an annual salary of not less than $12,000.00, the exact amount to be determined by the gov erning authority of Hancock County. Such salary shall be paid from the funds of Hancock County. (b) The governing authority of Hancock Conty shall fix the salaries of the other magistrates and the compensation of the clerk of the court and other court personnel. Such salaries or other compensation shall not be less than the minimum wage, and such court officers and personnel shall be entitled to other benefits provided for county employees. Section 5. The costs and expenses of training required by Chapter 10 of Title 15 of the O.C.G.A. shall be paid by the chief magistrate and other magistrates of Hancock County, but such officers shall be reimbursed by the governing authority of Hancock County for such reasonable costs and expenses. Section 6. The collection of additional costs in cases before the magis trate court shall be made for the benefit of a law library. Such additional costs shall be in the amount of $2.00 and shall be collected and used as provided in Code Section 36-15-9 of the O.C.G.A. Section 7. 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 of 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 8. This Act shall become effective July 1, 1983. Section 9. All laws and parts of laws in conflict with this Act are repealed. Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 276. 2096 JOURNAL OF THE SENATE On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 276. The following local bill of the Senate was taken up for the purpose of considering the House amendment thereto: 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 House amendment was as follows: Amend SB 273 as follows: By striking subsection (a) of Section 4 where the same appears in lines 27 through 30 on Page 2 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: "(a) The chief magistrate shall receive an annual salary of $15,000.00 which shall be paid in equal monthly installments or equal semimonthly installments, as determined by the governing authority of Jones County, from the funds of such county. On and after January 1, 1984, when the governing authority of Jones County grants a cost-ofliving increase in the compensation of county employees, the average per centage by which the compensation of county employees is increased shall be applied to the then current salary of the chief magistrate, and the salary of the chief magistrate shall be increased by such average percentage." Senator Kidd of the 25th moved that the Senate disagree to the House amendment to SB 273. On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 273. The following bills of the Senate were taken up for the purpose of considering the House substitute thereto: 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. TUESDAY, MARCH 1, 1983 2097 The House substitute to SB 146 was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 7 of Title 34 of the Official Code of Georgia Anno tated, relating to master and servant generally, so as to change the provi sions relating to the payment of a deceased employee's outstanding wages or other moneys to surviving spouse or children; to eliminate the maximum amount which can be paid to the surviving spouse or minor children or state employees; to authorize such payment to certain designated beneficiaries; to provide for a procedure whereby an employee may designate who shall re ceive such payment; to provide certain exemptions from liability; 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 7 of Title 34 of the Official Code of Georgia Anno tated, relating to master and servant generally, is amended by striking Code Section 34-7-4, relating to the payment of a deceased employee's outstand ing wages or other moneys to surviving spouse or children generally, in its entirety and inserting in lieu thereof a new Code Section 34-7-4 to read as follows: "34-7-4. (a) (1) Upon the death of any person who was employed by any political subdivision of the state or by any railroad company or other corporation, individual, or partnership doing business in this state, if the deceased employee had wages or other moneys due from such employer it shall be lawful for such employer to pay all of such sums if they do not exceed $2,500.00, or to pay the sum of $2,500.00 if such sums exceed $2,500.00 or upon the death of any person who was employed by the state, if the deceased employee had wages or other moneys due from the state, it shall be lawful for the state to pay all of such sums, as follows: (A) In the absence of a beneficiary designated in writing by the em ployee, then to the employee's surviving spouse; (B) In the absence of a beneficiary designated in writing by the em ployee and where the employee left no surviving spouse but left a surviv ing minor child or children, then to the duly qualified guardian of the minor child or children without any administration upon the estate of the employee; or (C) Where a beneficiary has been designated in writing by the em ployee to receive such sums and such beneficiary is under no legal inca pacity to prevent him from receiving such sums, then to such beneficiary, or, if such beneficiary is under such legal incapacity, then to his duly qualified guardian. Such funds to the amount of $2,500.00 shall be exempt from any and all process of garnishment. (2) It shall be the responsibility of the employee to provide and the 2098 JOURNAL OF THE SENATE responsibility of the employer to request the name and current address of the employee's spouse or, if there is no spouse, the name and current address of each minor child of the employee. If the employee, at his elec tion, designates a beneficiary to receive such sums, such designation shall be in writing, shall include the name and address of such beneficiary, and shall be signed by the employee. The employer shall inform the employee that any sums payable under this Code section may be paid pursuant to the designation made by the employee to a beneficiary, or to the em ployee's spouse, or to the employee's minor child or children as provided in this Code section and shall request the employee to furnish and keep any such information and designation current. The employer shall not be subject to any penalty for failure to inform and request that the em ployee furnish such information and designation, or for the failure of the employer to pay such sums in accordance with the provisions of this Code section. (b) Any employer described in subsection (a) of this Code section may pay over any sums due under subsection (a) of this Code section upon the demand of such designated beneficiary or guardian thereof, or, if no such beneficiary is designated, then upon the demand of the surviv ing spouse, or, if in the absence of such designated beneficiary and where there is no surviving spouse, upon the demand of the minor child or chil dren or the guardian thereof. (c) The paying over of any sums due as permitted under subsections (a) and (b) of this Code section to the proper party or parties as set forth in this Code section shall operate as a release from all claims to such sums or as a release from all claims against the state, political subdivi sion thereof, railroad company, or other corporate, partnership, or indi vidual employer by the estate of the employee, the creditors thereof, the surviving spouse or minor child or children or the guardian thereof, or any other person." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Holloway of the 12th moved that the Senate agree to the House substitute to SB 146. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison TUESDAY, MARCH 1, 1983 2099 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 Trulock Turner Tysinger Walker Those not voting were Senators: Barker Bond Coggin McKenzie On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 146. 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. The House substitute to SB 154 was as follows: A BILL TO BE ENTITLED AN ACT 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; to change notice require ments relating to certain rules; to clarify requirements relating to the experi ence necessary for certification; to provide a definition of good moral charac ter; to provide for the appointment of the Secretary of State as agent for service of process for nonresidents; to provide for the issuance of temporary permits; to delete certain requirements relating to notification and extension of time for compliance with licensing requirements; to delete the require ment for issuance of biennial inactive status licenses; to provide the forms of advertising and solicitation which shall be prohibited; to authorize the board to prohibit certain solicitation by rules or regulations; to delete the exception relating to the practice of accountancy by certified public accountants or public accountants who hold certificates, degrees, or licenses of another state or foreign country from temporarily and periodically practicing in this state; to correct certain references; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. 2100 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 3 of Title 43 of the Official Code of Georgia Anno tated, relating to accountants, is amended by striking Code Section 43-3-3, relating to the creation of the State Board of Accountancy, in its entirety and substituting in lieu thereof a new Code Section 43-3-3 to read as follows: "43-3-3. (a) There is created the State Board of Accountancy. (b) The board shall consist of seven members, to be appointed by the Governor with the approval of the Senate. Each member of the board shall be a resident of this state. Five members of the board shall be certi fied public accountants, all of whom shall hold a permit to practice pub lic accounting issued under Code Section 43-3-24. Two members shall be appointed from the public at large and shall be persons to whom neither this state nor any other state has ever issued a certificate, registration, license, or permit to engage in the practice of public accounting. (c) Each member of the board in office on July 1, 1983, shall remain in office until the expiration of his term and the appointment and ap proval of his successor, except for the incumbent member who is a regis tered public accountant, and that position on the board shall stand abol ished on July 1, 1983. The second at-large member shall be appointed to take office on July 1, 1983, as the successor to the member whose posi tion on the board is abolished. The initial additional member appointed from the public at large shall be appointed for a term ending June 30, 1987. (d) Any appointment or reappointment of board members shall be for a period of four years. The remaining portion of any unexpired term shall be filled by appointment by the Governor with the approval of the Senate. Upon the expiration of his term of office, a member shall con tinue to serve until his successor shall have been appointed and shall have qualified. (e) No member, of the board shall serve as such for more than two terms, consecutive or otherwise; and, for purposes of calculating the number of terms served, the filling of an unexpired term or terms for a total of more than 30 calendar months shall be treated as the serving of a full term. (0 Any member of the board may be removed by the Governor for misconduct, incompetence, or neglect of duty. The membership on the board of any member whose permit to practice has expired and has not been renewed, has become void, or has been revoked or suspended shall be automatically terminated simultaneously with any such expiration, voiding, revocation, or suspension. (g) Each member of the board shall be reimbursed as provided for in subsection (0 of Code Section 43-1-2." Section 2. Said chapter is further amended by striking Code Section 43-3-6, relating to residency, age, and character requirements of certified TUESDAY, MARCH 1, 1983 2101 public accountants, in its entirety and substituting in lieu thereof a new Code Section 43-3-6 to read as follows: "43-3-6. (a) The certificate of 'certified public accountant' shall be granted by the board to any person: (1) Who has attained the age of 18; (2) Who is, in the opinion of the board, of good moral character; (3) Who meets the following requirements of education and experience: (A) Except as provided in subsection (b) of this Code section or subsection (a) of Code Section 43-3-7, the education requirement shall be the presentation to the board of such evidence as it may require that the applicant has received a baccalaureate degree or completed the re quirements therefor, conferred by a college or university accredited by a national or regional accrediting organization recognized by the board, with a concentration in accounting or what the board determines to be the substantial equivalent of the foregoing, or with a nonaccounting con centration supplemented by what the board determines to be the substan tial equivalent of an accounting concentration, including related courses in other areas of business administration; and (B) The experience requirement shall be two years' continuous expe rience in public accountancy immediately preceding the date of applica tion for the certificate or within a reasonable time prior to the date of such application as provided by the board by rule, provided that the board may promulgate rules stating certain circumstances which shall constitute acceptable breaks in the continuity of said experience; and pro vided further, that the board may accept, in lieu of both of such years' experience in public accounting, evidence satisfactory to it of five years' continuous employment in the accounting field in industry, business, gov ernment, or college teaching; any combination of the above; or any com bination of the above and practice in public accountancy immediately preceding the date of application for the certificate or what the board determines to be the equivalent thereof; and provided, further, that any person certified as a certified public accountant under the laws of this state on July 1, 1977, shall be deemed to have the experience in the practice of public accountancy required by this subparagraph; and (4) Who shall have passed a written or oral examination, or both, in accounting, auditing, and such related subjects as the board deems appropriate. (b) The board, in its discretion, may waive the education require ment specified in paragraph (3) of subsection (a) of this Code section for any applicant, if it is satisfied, from the result of a special written exami nation given the applicant by the board to test his educational qualifica tion, that he is as well equipped educationally as if he met such educa tion requirement. (c) For the purposes of this Code section, 'good moral character' means fiscal integrity and a lack of any history of acts involving dishon- 2102 JOURNAL OF THE SENATE esty or moral turpitude. For failure to satisfy this requirement, the board may refuse to certify an applicant where it finds that there is a substan tial connection between the lack of good moral character of the applicant and the professional responsibilities of a licensee and the finding by the board of a lack of good moral character is supported by clear and con vincing evidence. When an applicant is found to be unqualified for a cer tificate because of lack of good moral character, the board shall furnish the applicant a statement containing the findings of the board and a com plete listing of the evidence upon which the determination was based, and the applicant may request a hearing on that determination." Section 3. Said chapter is further amended by striking Code Section 43-3-7, relating to certified public accountants and the scope of examina tion, in its entirety and substituting in lieu thereof a new Code Section 43-37 to read as follows: "43-3-7. (a) The board may provide, by regulation, for the general scope of examinations described in paragraph (4) of subsection (a) of Code Section 43-3-6 and subsection (b) of Code Section 43-3-6 and may obtain such advice and assistance as it deems appropriate to assist it in preparing and grading such examinations. (b) The examinations described in paragraph (4) of subsection (a) of Code Section 43-3-6 and subsection (b) of Code Section 43-3-6 shall be held by the board and shall take place as often as the board shall determine to be desirable, but the examination described in paragraph (4) of subsection (a) of Code Section 43-3-6 shall be held at least twice each year. The board shall publish notice of the time and place of all examinations provided for in this Code section at least three consecutive days in daily newspapers of general circulation published in three cities in this state with the largest population according to the United States decennial census of 1970 or any future such census. Any such notice shall be published at least 90 days prior to the examination to which it refers. (c) An applicant who has met the education requirement specified in paragraph (3) of subsection (a) of Code Section 43-3-6 or who expects to meet it within 120 days following the examination described in para graph (4) of subsection (a) of Code Section 43-3-6 or with respect to whom such education requirement has been waived in accordance with subsection (b) of Code Section 43-3-6 shall be eligible to take such ex amination without waiting until he meets the experience requirement if he also meets the requirements of paragraphs (1) and (2) of subsection (a) of Code Section 43-3-6. In the case of any applicant admitted to such examination on the expectation that he will meet the education require ment within 120 days, no certificate shall be issued, nor shall credit for the examination, or any part of it, be given unless such requirement is in fact completed within that time or within such longer period of time as the board, in its discretion, may determine. (d) An applicant for the certificate of certified public accountant who has successfully completed the examination provided for in para graph (4) of subsection (a) of Code Section 43-3-6 shall have no status as a certified public accountant until he has the requisite education and TUESDAY, MARCH 1, 1983 2103 experience and has received his certificate as a certified public accountant. (e) The board, by regulation, may provide for granting a credit to any applicant for his satisfactory completion of an examination in any one or more of the subjects specified in paragraph (4) of subsection (a) of Code Section 43-3-6 given by the licensing authority in another state, provided that when such applicant took such examination he had no place of business in this state and, as an employee, was not regularly employed in this state. Such regulations shall include such requirements as the board deems appropriate to ensure that any examination approved as a basis for any such credit, in the judgment of the board, shall be at least as thorough as the most recent examination given by the board at the time of the granting of such credit. (f) The board, by regulation, may prescribe the time and conditions under which an applicant who passes, in one sitting, a portion of the examination provided for in paragraph (4) of subsection (a) of Code Sec tion 43-3-6 pertaining to at least two or more of the subjects indicated in such paragraph may be reexamined in only the remaining subjects, with credit for the subjects previously passed, provided that the entire exami nation must be passed in six consecutive attempts, including the initial sitting in which at least two parts of the examination were passed. (g) With respect to examinations, the board shall charge the appli cant a fee to be determined by the board, which fee shall be sufficient to pay for the cost of the examinations. (h) Application for certification by persons who are not residents of this state shall constitute the appointment of the Secretary of State as the agent for service of process in any action or proceeding against such applicant arising out of any transaction, activity, or operation connected with or incidental to the practice of public accounting in this state by nonresident holders of certified public accountant certificates." Section 4. Said chapter is further amended by striking subsection (a) of Code Section 43-3-8, relating to certified public accountants and the con ducting of oral examinations and the retention by joint-secretary of records of examinations, in its entirety and substituting in lieu thereof a new subsec tion (a) to read as follows: "(a) Any written examination described in paragraph (4) of subsec tion (a) of Code Section 43-3-6 and subsection (b) of Code Section 43-36 may be administered orally if the board determines that an applicant's physical handicap or other circumstances render him incapable of taking a written examination. Any applicant who desires to have an examination administered orally shall present to the board such evidence, as it deems appropriate, of the handicap or other circumstances necessitating such oral administration. Such evidence shall be submitted to the board at least 20 days prior to the date of examination." Section 5. Said chapter is further amended by striking Code Section 43-3-10, relating to the issuance of temporary certificates to certified public accountants by the board, in its entirety and substituting in lieu thereof a new Code Section 43-3-10 to read as follows: 2104 JOURNAL OF THE SENATE "43-3-10. In the event an applicant for a certificate as a certified public accountant meets all of the requirements for such a certificate, the board, in its discretion, may issue to him a temporary certificate as a certified public accountant. The temporary certificate shall be effective only until the board notifies him that his application for a certificate as a certified public accountant pursuant to Code Section 43-3-11 has been either granted or rejected. In no event shall a temporary certificate be in effect for more than three months after the date of its issuance. No fee shall be charged for such certificate." Section 6. Said chapter is further amended by striking Code Section 43-3-11, relating to certified public accountants and reciprocity with other states, in its entirety and substituting in lieu thereof a new Code Section 433-11 to read as follows: "43-3-11. The board, in its discretion, may waive the examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-6 and may issue a certificate as a certified public accountant to any person who possesses the qualifications specified in paragraphs (1) and (2) of subsection (a) of Code Section 43-3-6 and what the board determines to be the substantial equivalent of the qualifications under paragraph (3) of subsection (a) of Code Section 43-3-6 and who is a holder of a certificate as a certified public accountant, then in full force and effect, issued under the laws of another state, provided that the certificate held by such per son was issued after an examination which, in the judgment of the board, is the equivalent of the standard established by the board for examina tions administered pursuant to paragraph (4) of subsection (a) of Code Section 43-3-6; and provided, further, that such privileges are extended to citizens of this state by the state originally granting the certificate. Notwithstanding the foregoing, the examination provided for in para graph (4) of subsection (a) of Code Section 43-3-6 shall be waived by the board in the case of an applicant who has been engaged in public prac tice for a period of ten years in another state pursuant to authority issued by such state." Section 7. Said chapter is further amended by striking Code Section 43-3-13, relating to residency, age, and character requirements of registered public accountants, in its entirety and substituting in lieu thereof a new Code Section 43-3-13 to read as follows: "43-3-13. (a) The certificate of 'registered public accountant' shall be granted by the board to any person: (1) Who has attained the age of 18; (2) Who is, in the opinion of the board, of good moral character; (3) Who meets the following requirements of education and experience: (A) Except as provided in subsection (b) of this Code section or subsection (c) of Code Section 43-3-14, the education requirement shall be the presentation to the board of such evidence as it may require that the applicant has received a high school diploma or completed the re- TUESDAY, MARCH 1, 1983 2105 quirements therefor or what the board determines to be the substantial equivalent of the foregoing; (B) The experience requirement shall be two years' continuous expe rience in public accountancy immediately preceding the date of applica tion for the certificate or within a reasonable time prior to the date of such application as provided by the board by rule, provided that the board may promulgate rules stating certain circumstances which shall constitute acceptable breaks in the continuity of said experience; and pro vided, further, that the board may accept, in lieu of both of such years' experience in public accounting, evidence satisfactory to it of five years' continuous employment in the accounting field in industry, business, gov ernment, or college teaching; any combination of the above; or any com bination of the above and practice in public accountancy immediately preceding the date of application for the certificate or what the board determines to be the equivalent thereof; and provided, further, that any person registered as a registered public accountant under the laws of this state on July 1, 1977, shall be deemed to have the experience in the practice of public accountancy required by this subparagraph; and (4) Who shall have passed a written or oral examination, or both, in accounting, auditing, and such related subjects as the board deems appropriate. (b) The board, in its discretion, may waive the education require ment specified in paragraph (3) of subsection (a) of this Code section for any applicant if it is satisfied, from the result of a special written exami nation given the applicant by the board to test his educational qualifica tion, that he is as well equipped educationally as if he met such educa tion requirement. (c) For the purposes of this Code section, 'good moral character' means fiscal integrity and a lack of any history of acts involving dishon esty or moral turpitude. For failure to satisfy this requirement, the board may refuse to certify an applicant where it finds that there is a substan tial connection between the lack of good moral character of the applicant and the professional responsibilities of a licensee and the finding by the board of a lack of good moral character is supported by clear and con vincing evidence. When an applicant is found to be unqualified for a cer tificate because of lack of good moral character, the board shall furnish the applicant a statement containing the findings of the board and a com plete listing of the evidence upon which the determination was based, and the applicant may request a hearing on that determination." Section 8. Said chapter is further amended by striking Code Section 43-3-14, relating to registered public accountants and the scope of examina tion, in its entirety and substituting in lieu thereof a new Code Section 43-314 to read as follows: "43-3-14. (a) The board may provide, by regulation, for the general scope of examinations described in paragraph (4) of subsection (a) of Code Section 43-3-13 and subsection (b) of Code Section 43-3-13 and may obtain such advice and assistance as it deems appropriate to assist it in preparing and grading such examinations. 2106 JOURNAL OF THE SENATE (b) The examinations described in paragraph (4) of subsection (a) of Code Section 43-3-13 and subsection (b) of Code Section 43-3-13 shall be held by the board and shall take place as often as the board shall determine to be desirable, but the examination described in paragraph (4) of subsection (a) of Code Section 43-3-13 shall be held at least twice each year. The board shall publish notice of the time and place of all examinations provided for in this Code section at least three consecutive days in daily newspapers of general circulation published in the three cities in this state with the largest population according to the United States decennial census of 1970 or any future such census. Any such notice shall be published at least 90 days prior to the examination to which it refers. (c) An applicant who has met the education requirement specified in paragraph (3) of subsection (a) of Code Section 43-3-13 or who expects to meet it within 120 days following the examination described in para graph (4) of subsection (a) of Code Section 43-3-13 or with respect to whom such education requirement has been waived in accordance with subsection (b) of Code Section 43-3-13 shall be eligible to take such ex amination without waiting until he meets the experience requirement if he also meets the requirements of paragraphs (1) and (2) of subsection (a) of Code Section 43-3-13. In the case of any applicant admitted to such examination on the expectation that he will meet the education re quirement within 120 days, no certificate shall be issued, nor shall credit for the examination, or any part of it, be given unless such requirement is in fact completed within that time or within such longer period of time as the board, in its discretion, may determine. (d) An applicant for the certificate of registered public accountant who has successfully completed the examination provided for in para graph (4) of subsection (a) of Code Section 43-3-13 shall have no status as a registered public accountant until he has the requisite education and experience and has received his certificate as a registered public accountant. (e) The board, by regulation, may provide for granting a credit to any applicant for his satisfactory completion of an examination in any one or more of the subjects specified in paragraph (4) of subsection (a) of Code Section 43-3-13 given by the licensing authority in another state, provided that when such applicant took such examination he had no place of business in this state and, as an employee, was not regularly employed in this state. Such regulations shall include such requirements as the board deems appropriate to ensure that any examination approved as a basis for any such credit, in the judgment of the board, shall be at least as thorough as the most recent examination given by the board at the time of the granting of such credit. (f) The board, by regulation, may prescribe the time and conditions under which an applicant who passes, in one sitting, a portion of the examination provided for in paragraph (4) of subsection (a) of Code Sec tion 43-3-13 pertaining to at least two or more of the subjects indicated in such paragraph may be reexamined in only the remaining subjects, with credit for the subjects previously passed, provided that the entire TUESDAY, MARCH 1, 1983 2107 examination must be passed in ten consecutive attempts, including the initial sitting in which at least two parts of the examination were passed. (g) With respect to examinations, the board shall charge the appli cant a fee to be determined by the board, which fee shall be sufficient to pay for the cost of the examinations. (h) Application for certification by persons who are not residents of this state shall constitute the appointment of the Secretary of State as the agent for service of process in any action or proceeding against such applicant arising out of any transaction, activity, or operation connected with or incidental to the practice of public accounting in this state by nonresident holders of registered public accountant certificates." Section 9. Said chapter is further amended by striking subsection (a) of Code Section 43-3-15, relating to registered public accountants and the con ducting of oral examinations and the retention by the joint-secretary of records of examinations, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: "(a) Any written examination described in paragraph (4) of subsec tion (a) of Code Section 43-3-13 may be administered orally if the board determines that an applicant's physical handicap or other circumstances render him incapable of taking a written examination. Any applicant who desires to have an examination administered orally shall present to the board such evidence, as it deems appropriate, of the handicap or other circumstances necessitating such oral administration. Such evi dence shall be submitted to the board at least 20 days prior to the date of examination." Section 10. Said chapter is further amended by striking Code Section 43-3-17, relating to the issuance of temporary certificates to registered pub lic accountants by the board, in its entirety and substituting in lieu thereof a new Code Section 43-3-17 to read as follows: "43-3-17. In the event an applicant for a certificate as a registered public accountant meets all of the requirements for such a certificate, the board, in its discretion, may issue to him a temporary certificate as a registered public accountant. The temporary certificate shall be effective only until the board notifies him that his application for a certificate as a registered public accountant pursuant to Code Section 43-3-18 has been either granted or rejected. In no event shall a temporary certificate be in effect for more than three months after the date of its issuance. No fee shall be charged for such certificate." Section 11. Said chapter is further amended by striking Code Section 43-3-18, relating to registered public accountants and reciprocity with other states, in its entirety and substituting in lieu thereof a new Code Section 433-18 to read as follows: "43-3-18. The board, in its discretion, may waive the examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-13 and may issue a certificate as a registered public accountant to any per son who possesses the qualifications specified in paragraphs (1) and (2) of subsection (a) of Code Section 43-3-13 and what the board determines 2108 JOURNAL OF THE SENATE to be the substantial equivalent of the qualifications under paragraph (3) of subsection (a) of Code Section 43-3-13 and who is a holder of a certif icate as a registered public accountant, then in full force and effect, is sued under the laws of another state, provided that the certificate held by such person was issued after an examination which, in the judgment of the board, is the equivalent of the standard established by the board for examinations administered pursuant to paragraph (4) of subsection (a) of Code Section 43-3-13; and provided, further, that such privileges are extended to citizens of this state by the state originally granting the certificate." Section 12. Said chapter is further amended by striking Code Section 43-3-24, relating to issuance of permits to qualified individuals and profes sional corporations to practice public accountancy, in its entirety and substi tuting in lieu thereof a new Code Section 43-3-24 to read as follows: "43-3-24. (a) A permit to engage in the practice of public account ancy in this state shall be issued by the joint-secretary, at the direction of the board, to each person who is certificated as a certified public account ant under Code Sections 43-3-6 through 43-3-12, registered as a public accountant under Code Sections 43-3-13 through 43-3-19, or registered as a foreign accountant under Code Section 43-3-20 who shall have fur nished evidence, satisfactory to the board, of compliance with the re quirements of Code Section 43-3-25, and to individuals, partnerships, professional associations, and professional corporations registered under Code Section 43-3-21 or 43-3-22, provided that all offices of such certifi cate holder or registrant are maintained and registered as required under Code Section 43-3-23. There shall be a biennial permit fee in an amount to be determined by the board. (b) For the purpose of enabling persons, partnerships, professional associations, or professional corporations licensed in other states to per form specific professional engagements involving the practice of public accounting in this state, the board shall grant temporary permits to prac tice to persons, partnerships, professional associations, or professional corporations who make application and demonstrate their qualifications therefor in accordance with the following provisions: (1) An applicant for a temporary permit under this subsection shall show that he is duly licensed and authorized to practice as a certified public accountant or as a partnership, professional association, or profes sional corporation of certified public accountants or the equivalent in an other state or as a registered public accountant or as a partnership or professional association of registered public accountants or the equivalent in another state and shall give the name of each person who will be en gaged in the practice of public accounting in this state in the perform ance of the professional engagement which is the subject of the application; (2) The board shall charge a fee for each application for issuance or renewal of a temporary permit under this subsection, in an amount to be determined by the board by rule, for each applicant and for each person who is to engage in the practice of public accounting in this state under the permit; TUESDAY, MARCH 1, 1983 2109 (3) A temporary permit issued under this Code section shall be lim ited to the single specific professional engagement which is the occasion for the application for a permit; it shall name each person who is to en gage in the practice of public accounting in this state pursuant to such engagement; and it shall be valid for no more than 90 days after its issuance; (4) An application for a temporary permit under this subsection shall constitute the appointment of the Secretary of State as the appli cant's agent upon whom process may be served in any action or proceed ing against the applicant arising out of any transaction or operation con nected with or incidental to the performance of the professional engagement for which the temporary permit was issued; and (5) No temporary permit shall be issued to, or with respect to the performance of services by, any person who is a resident of this state." Section 13. Said chapter is further amended by striking Code Section 43-3-26, relating to the extension of time for compliance with licensing re quirements, which reads as follows: "43-3-26. The failure of the board to provide timely notification by certified mail to holders of live certificates of changes in the requirements for maintenance of such live certificates shall be regarded by the board as sufficient cause for extending the period for compliance with such re quirements by a period of 12 months.", in its entirety. Section 14. Said chapter is further amended by striking Code Section 43-3-27, relating to biennial inactive status licenses, which reads as follows: "43-3-27. The board shall issue biennial inactive status licenses to applicants who, except for the requirement for continuing professional education, would qualify for biennial permits to practice.", in its entirety. Section IS. Said chapter is further amended by adding new subsections (h) and (i) at the end of Code Section 43-3-35, relating to the use of terms "certified public accountant" and "public accountant" generally, to read as follows: "(h) A licensee shall not use or participate in the use of any form of public communication having reference to his professional services which contains a false, fraudulent, misleading, deceptive, or unfair statement or claim. A false, fraudulent, misleading, deceptive, or unfair statement or claim includes but is not limited to a statement or claim which: (1) Contains a misrepresentation of fact; (2) Is likely to mislead or deceive because it fails to make full dis closure of relevant facts; (3) Contains any testimonial, laudatory, or other statement or impli- 2110 JOURNAL OF THE SENATE cation that the licensee's professional services are of exceptional quality, if not supported by verifiable facts; (4) Is intended or likely to create false or unjustified expectations of favorable results; (5) Implies educational or professional attainments or licensing rec ognition not supported in fact; (6) States or implies that the licensee has received formal recogni tion as a specialist in any aspect of the practice of public accounting, except in accordance with rules adopted by the board; (7) Represents that professional services can or will be completely performed for a stated fee when this is not the case or makes representa tions with respect to fees for professional services that do not disclose all variables that may reasonably be expected to affect the fees that will in fact be charged; or (8) Contains other representations or implications that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived. (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." Section 16. Said chapter is further amended by striking Code Section 43-3-36, relating to exceptions, in its entirety and substituting in lieu thereof a new Code Section 43-3-36 to read as follows: "43-3-36. (a) Nothing contained in this chapter shall prohibit any person who is not a certified public accountant or public accountant from serving as an employee of or an assistant to a certified public accountant or public accountant or partnership, professional association, or profes sional corporation of certified public accountants or public accountants holding a live permit or a foreign accountant registered under Code Sec tion 43-3-20 and holding a live permit, provided that such employee or assistant shall not issue or attest to any accounting or financial statement over his name. (b) Nothing contained in this chapter shall prohibit any person from offering to perform or performing for the public, for compensation, any of the following services: (1) The recording of financial transactions in books of record; (2) The making of adjustments of such transactions in books of record; (3) The making of trial balances from books of record; (4) Internal verification and analysis of books or accounts of original entry; TUESDAY, MARCH 1, 1983 2111 (5) The preparation of unaudited financial statements, schedules, or reports; (6) The devising and installing of systems or methods of bookkeep ing, internal controls of financial data, or the recording of financial data; or (7) The preparation of tax returns and related forms." Section 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 18. All laws and parts of laws in conflict with this Act are repealed. Senator Lester of the 23rd moved that the Senate disagree to the House substitute to SB 154. On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 154. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: 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 qualifications of clerks of the superior courts, so as to change the provisions relating to additional annual training for clerks. Senate Sponsor: Senator Trulock of the 10th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On 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 Coleman Coverdell Dawkins Deal English Engram Fincher Foster Garner Gillis Harris Harrison 2112 Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Land JOURNAL OF THE SENATE 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 Dean Greene Hudgins McKenzie On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bills of the Senate were taken up for the purpose of considering the House amendments thereto: 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 House amendment was as follows: Amend SB 161 by adding between the word "deal" and the word "with" on line 23 of Page 4 the following: "as any other consumer". By adding between the word "in" and the word "areas" on line 25 of Page 4 the following: "consumer". Senator Lester of the 23rd moved that the Senate agree to the House amendment to SB 161. TUESDAY, MARCH 1, 1983 2113 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 nBroun oyff 46thu Brown of 47th BBuryrtaonnt Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Harris Harrison HHijln1 e .H.ort.on J Howard Hudgms Huggins Kennedy Kidd Land Lester Littlefield McGill McKenzie Perry Phillips Scott of 2nd SSccootttt off 4336rt{h, Starr ,,S.tumb, augh, Tate Thompson Timmons Trulock Turner Tysinger Walker Voting in the negative was Senator Peevy. Those not voting were Senators: Cobb Coggin Greene On the motion, the yeas were 52, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 161. 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 House amendment was as follows: Amend SB 162 by striking the word "principally" on line 11 of page 11 in its entirety and substituting in lieu thereof the word "solely". Senator Lester of the 23rd moved that the Senate agree to the House amendment to SB 162. 2114 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 Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coleman Coverdell Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hill 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 voting in the negative were Senators: Dawkins Deal Peevy Those not voting were Senators: Broun of 46th Coggin Garner Littlefield On the motion, the yeas were 49, nays 3; the motion prevailed, and the Senate agreed to the House amendment to SB 162. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: 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. Senate Sponsor: Senator English of the 21st. TUESDAY, MARCH 1, 1983 2115 Senator English of the 21st offered the following amendment: Amend HB 297 as follows: By striking in line 17 on Page 1 the following: "$335.00", and inserting in lieu thereof the following: "$350.00". 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 Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster 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 Stumbaugh Tate Thompson Timmons Turner Tysinger Walker Those not voting were Senators: Coggin Garner Littlefield Starr (excused) conferee) Trulock On the passage of the bill, the yeas were 51, nays 0. 2116 JOURNAL OF THE SENATE The bill, having received the requisite constitutional majority, was passed as amended. Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair. 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. 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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Kidd Land Lester McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Tysinger Walker Voting in the negative was Senator Hudgins. Those not voting were Senators: Coggin Fincher Kennedy (presiding) Littlefield McKenzie Trulock On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed. TUESDAY, MARCH 1, 1983 2117 The following resolutions of the Senate were read and adopted: SR 204. By Senator Broun of the 46th: A resolution expressing gratitude to Brick. SR 205. By Senator Broun of the 46th: A resolution expressing gratitude to Paul Davis. SR 206. By Senator Broun of the 46th: A resolution expressing gratitude to Terri Gibbs. SR 207. By Senator Broun of the 46th: A resolution expressing gratitude to the Allman Brothers. SR 208. By Senator Broun of the 46th: A resolution expressing gratitude to Razzy Bailey. SR 209. By Senator Broun of the 46th: A resolution expressing gratitude to Jerry Reed. SR 210. By Senator Broun of the 46th: A resolution expressing gratitude to Bruce Blackman. SR 211. By Senator Broun of the 46th: A resolution expressing gratitude to Bertie Higgins. SR 212. By Senator Broun of the 46th: A resolution expressing gratitude to Tommy Roe. SR 213. By Senator Broun of the 46th: A resolution expressing gratitude to Brenda Lee. SR 214. By Senator Broun of the 46th: A resolution expressing gratitude to Bill Anderson. SR 215. By Senator Broun of the 46th: A resolution expressing gratitude to Ray Stevens. 2118 JOURNAL OF THE SENATE The following general bills of the House, favorably reported by the committee, were read the third time and put upon their passage: 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. 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 Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Thompson Trulock Turner Tysinger Walker Those not voting were Senators: Bowen Coggin Fincher Hill Kennedy (presiding) Littlefield Stumbaugh Timmons On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. TUESDAY, MARCH 1, 1983 2119 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". Senate Sponsor: Senator Kidd of the 25th. Senator Garner of the 30th offered the following amendment: Amend HB 294 by adding on Page 10 following Section 4, Subsection (f) a new Subsection (g) to read as follows: "(g) Nothing in this section shall be construed as preventing a per son from obtaining a certificate of registration for the occupation of cos metology, at the master level, the esthetician level, or the manicurist level if they obtain their credit hour study at a State Board of Education ap proved school rather than a board-approved school." 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 Bond Brannon orantleyf ^ u Broun of 46th BBrroywannt of 47th Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis SreC"C Hams HHialrl nson Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester McGill Peevy Perry Phillips Scott of 2nd Scott of 36th 0fcot..t off 4,,?, rd. Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker 2120 JOURNAL OF THE SENATE Those not voting were Senators: Bowen Coggin Kennedy (presiding) Littlefield McKenzie Starr (excused conferee) 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 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. Senate Sponsor: Senator Tysinger of the 41st. Senator Hine of the 52nd offered the following amendment: Amend HB 460 by striking on lines 7 and 8 of Page 19 the following: ", including such vocation at the local level", and inserting in it place the following: ", except that any individual, partnership, or corporation which, af ter September 30, 1983, successfully passes a test administered by a local jurisdiction and which is issued a license by the local jurisdiction shall be authorized to practice its vocation only in such jurisdiction without other wise being required to obtain a license or certificate under this chapter". By striking on line 18 of Page 20 the following: "subsection (d)", and inserting in its place the following: "subsections (d) and (e)". By adding on line 22 of Page 20 after the following: "chapter", the following: ", which license entitles such person to practice his profession state wide,". TUESDAY, MARCH 1, 1983 2121 On the adoption of the amendment offered by Senator Hine of the 52nd, Senator Hine called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Bond Brannon Brown of 47th Deal Engram Garner Hine Holloway Hudgins Huggins Kidd Peevy Scott of 2nd Scott of 36th Tate Trulock Those voting in the negative were Senators: Allgood Barker Barnes Bowen Brantley Broun of 46th Bryant Burton Cobb Coleman Coverdell Dawkins Dean English Foster Gillis Greene Harris Harrison Hill Horton Howard Land Lester Littlefield McGill McKenzie Perry Phillips Scott of 43rd Starr Stumbaugh Thompson Timmons Turner Tysinger Walker Those not voting were Senators: Coggin Fincher Kennedy (presiding) On the adoption of the amendment, the yeas were 16, nays 37 and the amendment was lost. Senator Starr of the 44th offered the following amendment: Amend HB 460 by striking from line 26 through line 29 of Page 2 the following: "Certificates of competency shall be of two kinds, Class I and Class II, according to the classification of license held by the electrical contractor.", and inserting in lieu thereof the following: 2122 JOURNAL OF THE SENATE By striking from line 20 of Page 9 through line 22 of Page 10 the following: "(2) Subject to this paragraph, prepare examinations within the state at least twice each year and grade such applicants taking the exam inations. The Division of Electrical Contractors shall prepare separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to electrical contracting involving single-phase electrical instal lations which do not exceed 200 amperes, and Class II licenses shall be unrestricted. The Division of Master Plumbers and Journeyman Plumb ers shall prepare separate examinations for master plumber Class I, master plumber Class II, and journeyman plumbers. Master Plumber Class I licenses shall be restricted to plumbing involving single-family dwellings and one-level dwellings designed for not more than two fami lies. Master Plumber Class II licenses shall be unrestricted. The Division of Conditioned Air Contractors shall prepare separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to the installation, repair, or service of conditioned air systems or equipment not exceeding 175,000 BTU (net) of heating and five tons (60,000 BTU) of cooling. Class II licenses shall be unrestricted; (3) Register and license and issue renewal licenses biennially to all persons meeting the qualifications for a license. The following licenses shall be issued by the divisions: (A) Electrical Contractor Class I; (B) Electrical Contractor Class II; (C) Master Plumber Class I; (D) Master Plumber Class II; (E) Journeyman Plumber; (F) Conditioned Air Contractor Class I; and (G) Conditioned Air Contractor Class II;", and inserting in lieu thereof the following: "(2) Subject to this paragraph, prepare examinations within the state at least twice each year and grade such applicants taking the exam inations. The Division of Master Plumbers and Journeyman Plumbers shall prepare separate examinations for master plumber and journeyman plumbers; (3) Register and license and issue renewal licenses biennially to all persons meeting the qualifications for a license. The following licenses shall be issued by the divisions: (A) Electrical Contractor; (B) Master Plumber; (C) Journeyman Plumber; and (D) Conditioned Air Contractor;". TUESDAY, MARCH 1, 1983 2123 By striking from line 19 through line 26 of Page 12 the following: "(b) The Division of Electrical Contractors may also provide, by rules and regulations, for the issuance of certificates of competency per taining to financial responsibility and financial disclosure; provided, how ever, that such rules and regulations are adopted by the board. The divi sion shall issue certificates of competency and renewal certificates to persons meeting the qualifications therefor.", and inserting in lieu thereof the following: "(b) Reserved." By striking from line 19 through line 22 of Page 17 the following: "and a certificate of competency, if such certificates are issued by the division pursuant to subsection (b) of Code Section 43-14-6". On the adoption of the amendment, the yeas were 41, 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 Brantley Broun of 46th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram Foster 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 Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker Voting in the negative were Senators Brannon and Brown of 47th. 2124 JOURNAL OF THE SENATE Those not voting were Senators: Coggin Fincher Kennedy (presiding) On the passage of the bill, the yeas were 51, nays 2. The bill, having received the requisite constitutional majority, was passed as amended. 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. Senate Sponsor: Senator Barnes of the 33rd. Senator Barnes of the 33rd offered the following substitute to HB 507: A BILL TO BE ENTITLED AN ACT 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; to provide for the limita tion, restriction, or revocation of such membership and privileges; to provide for criteria of training and experience; to provide for definitions relative to the foregoing; to provide for other matters relative to the foregoing; to pro vide for certain exemptions; to provide for legislative intent; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The General Assembly finds and declares that treatment of psychological problems of persons residing within the community would in some cases be advanced by temporary hospitalization. The interests of the people of this state demand that all appropriate resources, including inpatient facilities, be available to assist in the diagnosis, prevention, treatment, and amelioration of psychological problems and emotional and mental disor ders. The General Assembly recognizes that psychology is an independent health profession as set forth and prescribed by the State Board of Examin ers of Psychologists and Chapter 39 of Title 43 of the Official Code of Geor gia Annotated. It is therefore the intent of the General Assembly, in enact ing this Act, to authorize medical facilities and institutions, on local determination, to make psychological services available in an inpatient setting. Section 2. Chapter 7 of Title 31 of the Official Code of Georgia Anno- TUESDAY, MARCH 1, 1983 2125 tated, relating to the regulation of hospitals and health care facilities, is amended by adding a new article immediately after Article 7, to be desig nated as Article 8, to read as follows: "ARTICLE 8 31-7-160. As used in this article, the term 'health service provider psychologist' means a licensed psychologist who meets the criteria of training and experience as provided in Code Section 31-7-162 in the de livery of direct, preventive assessment and therapeutic intervention ser vices to individuals whose growth, adjustment, or functioning is actually impaired or is demonstrably at a high risk of impairment. 31-7-161. A medical facility or institution may provide for the ap pointment of health service provider psychologists on such terms and con ditions as the medical facility or institution shall establish. Psychologists shall be eligible to hold membership and serve on committees of the med ical or professional staff and may possess clinical privileges and carry professional responsibilities consistent with the scope of their licensure and their competence, subject to the reasonable rules of the medical fa cility or institution. 31-7-162. A health service provider psychologist shall meet the fol lowing criteria of training and experience: (1) The psychologist must be currently licensed by the State Board of Examiners of Psychologists; (2) The psychologist must be eligible to be listed in the National Register of Health Service Providers of Psychology or have completed not less than two years, with 1,500 hours each year, of supervised experi ence in health service of which at least one year is post doctoral and one year, which may be the post doctoral year, is in an organized health ser vice training program; (3) A substantial portion of the supervised experience must be in an inpatient setting; and (4) Two supportive letters of recommendation from health service providers in psychology who are familiar with the applicant's work must be submitted to the medical facility or institution. 31-7-163. Nothing in this article shall prohibit a psychologist cur rently a member of a hospital staff or an employee of a hospital from continuing to work in that capacity. 31-7-164. Notwithstanding any other provision of this article, the exercise of privileges in any medical facility or institution may be lim ited, restricted, or revoked for reasons including, but not limited to, the violation of such medical facility's or institution's rules, regulations, or procedures which are applied, in good faith, in a nondiscriminatory man ner to all practitioners in such medical facility or institution exercising such privileges or entitled to exercise such privileges. 31-7-165. When any health service provider psychologist is denied 2126 JOURNAL OF THE SENATE staff privileges or is removed from the medical or professional staff, such action shall be reported by the facility to the State Board of Examiners of Psychologists." Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land Littlefield McGill McKenzie Peevy Perry Phillips Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker Those not voting were Senators: Coggin Coleman Fincher Kennedy (presiding) Lester Scott of 2nd Timmons On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. TUESDAY, MARCH 1, 1983 2127 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. Senate Sponsor: Senator Harris of the 27th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram Foster 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 Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker Those not voting were Senators: Coggin Fincher Kennedy (presiding) Timmons On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. 2128 JOURNAL OF THE SENATE Senator Kennedy of the 4th, President Pro Tempore, announced that the Senate would stand in recess from 12:35 o'clock P.M. until 2:00 o'clock P.M. At 2:00 o'clock P.M., the President called the Senate to order. The following general resolution and bill of the House, favorably reported by the committees; were read the third time and put upon their adoption: 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. Senate Sponsor: Senator Scott of the 43rd. 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 Brainon nBg urortuonn of< Cobb Coggin Coverdell Dawkins English Engram Fincher Foster H,,Haarrrnisson Hill Horton Hudgins Huggins Kidd Peevy Perry Phillips SS,,ccoo,,tttt ooff. 43.36, rthd, Stumbaugh Timmons Trulock Walker Those not voting were Senators: Bond Bowen Brown of 47th Bryant Coleman Deal Dean Garner Gillis TUESDAY, MARCH 1, 1983 2129 Greene Hine Holloway (excused cHoonwfearrede) Kennedy (excused conferee) Land Lester Littlefield McGl11 McKenzie Scott of 2nd Starr (excused conferee) Tate Thompson Turner Tysinger On the adoption of the resolution, the yeas were 31, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 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. 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 Bowen Brannon Brantley Broun of 46th BBrroywannt of 47th Burton Cobb Coggin Dawkins Deal English Engram Fincher Foster Greene Harris Harrison Hill HHoinlleoway Horton Hudgins Huggins Kennedy Kidd Lester McGill McKenzie Peevy Perry Phillips Scott of 2 c .. * ^Sctuomtl boafugh late Timmons Trulock Turner Tysinger Walker 2130 JOURNAL OF THE SENATE Those not voting were Senators: Bond CCDooevlaeenmrdaenll Garner Gillis Howard Land Littlefield Scott of 36th Starr (excused conferee) 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 position in amending the following bill of the Senate: 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 House has disagreed to the Senate substitute to the following bill of the House: 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. The House has disagreed to the Senate amendment to the following bill of the House: 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. TUESDAY, MARCH 1, 1983 2131 The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: 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. Senate Sponsor: Senator Barker of the 18th. The following fiscal note, as required by law, was read by the Secretary: Department of Audits 115 State Capitol Atlanta, Georgia 30334 MEMORANDUM TO: The Honorable Rudolph Johnson, Chairman House Retirement Committee FROM: William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget DATE: January 25, 1983 SUBJECT: Fiscal Note -- House Bill 196 (LC 7 5085) Georgia Firemen's Pension Fund This Bill redefines the terms "fireman" and "volunteer fireman" so as to exclude any emergency medical personnel who may be employed by fire departments. No member properly admitted to the fund before May 1, 1983 would be excluded from membership, but after April 1, 1983 only service rendered as a fireman or volunteer fireman would be creditable towards cal culating benefits. Persons receiving benefits from the fund who are subse quently reemployed as a fireman or volunteer fireman would be required to notify the fund's secretary-treasurer, at which time benefits would be sus pended until such reemployment is terminated. Any illness, disease, or phys ical injury or abnormality existing or suffered prior to membership in the fund or the aggravation of such condition would be exempted from qualify ing a member for disability benefits. No claims for benefits from the fund would be allowed after seven years had elapsed from the date that the secre tary-treasurer of the fund attempted to contact a member by first-class mail to advise him of his eligibility for those benefits. The board of directors for the fund would be authorized to inspect a fire department's records regard ing a member of the fund or any applicant for membership. 2132 JOURNAL OF THE SENATE The actuary for the fund has stated that none of the changes set forth in this Bill should have any significant financial impact on 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: Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal Dean Engram Fincher Foster Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Tate Timmons Trulock Turner Walker Those voting in the negative were Senators: Howard Scott of 43rd Stumbaugh Tysinger Those not voting were Senators: Bond Coverdell English Garner Starr (excused conferee) Thompson On the passage of the bill, the yeas were 46, nays 4. The bill, having received the requisite constitutional majority, was passed. TUESDAY, MARCH 1, 1983 2133 The following bill of the Senate was taken up for the purpose of considering the House action thereon: 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. Senator Kidd of the 25th moved that the Senate adhere to its disagreement to the House amendments to SB 32, 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 the House amendments to SB 32. The President appointed as a Conference Committee on the part of the Senate the following: Senators Hill of the 29th, Bryant of the 3rd and Kidd of the 25th. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: 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. 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 Greene Harris Harrison 2134 Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd JOURNAL OF THE SENATE Land Lester Littlefield 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 Garner Gillis McGill Trulock On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. The following general bill of the House was taken up for the purpose of consider ing the House action thereon: 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. Senator Howard of the 42nd moved that the Senate insist upon the Senate amend ment to HB 129. On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 129. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: 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. Senate Sponsor: Senator Barnes of the 33rd. TUESDAY, MARCH 1, 1983 2135 The Senate Committee on Natural Resources and Environmental Quality offered the following substitute to HB 567: A BILL TO BE ENTITLED AN ACT To amend Chapter 10 of Title 50 of the Official Code of Georgia Anno tated, relating to the Georgia Development Authority, so as to revise exten sively the provisions relating to the Georgia Development Authority; to ex pand the purpose of the authority; to enable the authority to utilize more fully development capital assistance programs of the United States govern ment and in support of this program to assist local governments in meeting their environmental facility needs; to assist local governments so as to bene fit the economy, of the local government and of the state; to add certain definitions; to change the membership, appointment, and terms of members of the authority; to expand the powers of the authority; to provide for the issuance of revenue bonds, bonds, notes, obligations, and evidences of in debtedness by the authority; to provide for certain of the terms which may be contained in instruments executed by the authority and for limitations and procedures in connection therewith; to provide that bonds, revenue bonds, notes, and other obligations issued by the authority shall not consti tute indebtedness of the State of Georgia; to provide that the state may guarantee the payment of bonds, revenue bonds, notes, or other obligations of the authority; to provide that the proceeds of general obligation bonds of the state may be used to improve authority property; to provide that prop erty of the authority shall be tax exempt; to provide for the venue of legal actions brought against the authority; to provide that certain funds shall be withheld from local governments upon the happening of certain events; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 10 of Title 50 of the Official Code of Georgia Anno tated, relating to the Georgia Development Authority, is amended by strik ing in its entirety Code Section 50-10-2, which reads as follows: "50-10-2. (a) It is the purpose and intent of this chapter to provide an instrumentality to assist agricultural and industrial interests in their effort to commence, expand, or diversify their operations by providing credit and servicing functions to better enable the farmers and business men within this state to obtain needed capital funds and to encourage and secure financial institutions in the lending of money for such purposes. (b) It is the purpose of this chapter to clothe the authority with corporate power to operate and to administer the funds held and received by it and to possess and operate under licenses or permits granted it by the United States or this state.", and inserting in lieu thereof a new Code Section 50-10-2 to read as follows: "50-10-2. (a) It is the purpose and intent of this chapter to provide an instrumentality to assist agricultural and industrial interests in their 2136 JOURNAL OF THE SENATE effort to commence, expand, or diversify their operations by providing credit and servicing functions to better enable the farmers and business men within this state to obtain needed capital funds and to encourage and secure financial institutions in the lending of money for such purposes. (b) It is the purpose of this chapter to clothe the authority with corporate power to operate and to administer the funds held and received by it and to possess and operate under licenses or permits granted it by the United States or this state. (c) It is found and declared that there exists a great and growing need in the state for the construction of environmental facilities for the furnishing of clear and wholesome water to the general public and for the preservation and improvement of the quality of the environment. Finan cial assistance is an important inducement to construct such facilities and, therefore, this necessity, in the public interest and for the public benefit and good, is declared as a matter of legislative determination. (d) It is further the purpose and intent of this chapter to provide an instrumentality to provide environmental facilities to assist local govern ments in constructing, extending, rehabilitating, repairing, and renewing environmental facilities and to assist in the financing of such needs by providing grants, loans, bonds, and other assistance to local governments." Section 2. Said chapter is further amended by striking from Code Sec tion 50-10-3, relating to the creation of the authority and its membership, the following language: "and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts. The authority shall consist of 11 members or directors, one of whom shall be the Com missioner of Agriculture, ex officio, one of whom shall be the commis sioner of industry and trade ex officio, one of whom shall be an economist from the staff of the University of Georgia, appointed by the Governor, whose term shall expire July 1, 1967, and one of whom at the time of appointment by the Governor shall be a member of the General Assem bly, whose term shall expire July 1, 1968. Six other members of the au thority shall be appointed by the Governor in such manner that the term of one member shall expire July 1, 1961, the term of another member shall expire July 1, 1962, the term of another member shall expire July 1, 1963, the term of another member shall expire July 1, 1964, the term of another member shall expire July 1, 1965, and the term of another member shall expire July 1, 1966. The successors to other than ex officio members shall be appointed for terms of eight years from the date of expiration of their respective terms of office except that any person ap pointed to fill a vacancy shall serve only for the unexpired term. Immedi ately after his appointment a member of the authority shall enter upon his duties. The authority shall elect one of its members as chairman, an other as vice-chairman, and a president and general manager, who shall also be a member of the authority, ex officio, to serve at the pleasure of the other members of the authority. TUESDAY, MARCH 1, 1983 2137 (b) Six members of the authority shall constitute a quorum. No va cancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. The members of the authority, with the exception of the president and general manager, whose compensation shall be fixed by the authority, shall be entitled to receive as compensation a director's fee, or per diem, of $50.00 for at tendance at all properly constituted meetings and shall be entitled to, and shall be reimbursed for, their actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regula tions for its own governance. It shall have a perpetual existence. (c) The members or directors of the authority shall be accountable in all respects as trustees. The authority shall keep suitable books and records of all actions and transactions and shall submit such books, to gether with a statement of the authority's financial position, to the state auditor for such audit and inspection as the state auditor may deem wise, once a year, on or about the close of the state's fiscal year, but the au thority may cause such additional independent audits to be made as it may deem necessary.", and inserting in lieu thereof the following language: "and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state. The authority shall consist of nine members: the Commissioner of Agri culture, ex officio; the state auditor, ex officio; the commissioner of the Department of Industry and Trade, ex officio; and six members to be appointed by the Governor. Two members are to be from and represent the interests of agriculture, two members are to be from and represent the interests of industry, and two members are to be from and represent the interests of local governments in Georgia. The terms of all members of the authority who are in office on March 1, 1983, shall terminate on July 1, 1983. The Governor shall then appoint three members, one each representing agriculture, industry, and local governments, to serve until July 1, 1986, and three members, one each representing agriculture, in dustry, and local governments, to serve until July 1, 1987. After expira tion of these terms, the terms of all succeeding members shall be for four years. (b) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of a majority of the appointed members from exercising all rights and performing all duties of the authority. The members of the authority shall be entitled to and shall be reimbursed for their actual travel and expenses necessarily incurred in the performance of their duties and shall receive the same per diem as do members of the General Assembly. The authority shall make rules and regulations for its own government. The authority shall have perpetual existence. Any change in the name or compensation of the au thority shall in no way affect the vested rights of any person under this chapter or impair the obligations of any contracts existing under this chapter. The Attorney General shall provide legal services for the author ity and in connection therewith Code Sections 45-15-13 through Code Section 45-15-16 shall be fully applicable. 2138 JOURNAL OF THE SENATE (c) The members of the authority shall be accountable in all re spects as trustees. The authority shall keep suitable books and records of all actions and transactions and shall submit such books together with a statement of the authority's financial position to an independent auditing firm selected by the authority on or about the close of the state's fiscal year for the purpose of obtaining a certified audit of the authority's finances. (d) There shall be an executive committee consisting of five mem bers of the authority to be known as the Rural Rehabilitation Commit tee. The chairman of the Rural Rehabilitation Committee shall be the Commissioner of Agriculture, ex officio. The other members of the com mittee shall be the state auditor, ex officio, the two members of the au thority who represent the interests of agriculture, and one member of the authority designated by the authority. The Rural Rehabilitation Com mittee shall administer all assets received by the authority under the terms of Public Law 499, Eighty-first Congress, Second Session, and all assets of the authority derived therefrom and shall be authorized to em ploy agents to accomplish such administration. Neither the Rural Reha bilitation Committee nor the authority shall at any time commingle as sets provided to the authority under the terms of Public Law 499, Eighty-first Congress, Second Session, with other assets of the authority. The Rural Rehabilitation Committee shall maintain a separate account ing of such assets and shall maintain suitable books and records of such assets which shall be audited as are the books and records of the author ity for other assets. Contracts concerning assets provided to the authority under the terms of Public Law 499, Eighty-first Congress, Second Ses sion, shall be executed by the committee.", so that when so amended Code Section 50-10-3 shall read as follows: "50-10-3. (a) There is created a body corporate and politic to be known as the Georgia Development Authority which shall be deemed an instrumentality of the state and a public corporation; and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state. The authority shall consist of nine members: the Commissioner of Agriculture, ex officio; the state auditor, ex officio; the commissioner of the Department of Industry and Trade, ex officio; and six members to be appointed by the Governor. Two members are to be from and represent the interests of agriculture, two members are to be from and represent the interests of industry, and two members are to be from and represent the interests of local government in Georgia. The terms of all members of the authority who are in office on March 1, 1983, shall terminate on July 1, 1983. The Governor shall then appoint three members, one each representing agriculture, industry, and local governments, to serve until July 1, 1986, and three members one each representing agriculture, industry, and local governments, to serve until July 1, 1987. After expiration of these terms, the terms of all succeeding members shall be for four years. (b) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of a majority of the appointed members from exercising all rights and performing all duties of the authority. The members of the authority shall be entitled to TUESDAY, MARCH 1, 1983 2139 and shall be reimbursed for their actual travel and expenses necessarily incurred in the performance of their duties and shall receive the same per diem as do members of the General Assembly. The authority shall make rules and regulations for its own government. The authority shall have perpetual existence. Any change in the name or compensation of the au thority shall in no way affect the vested rights of any person under this chapter or impair the obligations of any contracts existing under this chapter. The Attorney General shall provide legal services for the author ity and in connection therewith Code Sections 45-15-13 through Code Section 45-15-16 shall be fully applicable. (c) The members of the authority shall be accountable in all re spects as trustees. The authority shall keep suitable books and records of all actions and transactions and shall submit such books together with a statement of the authority's financial position to an independent auditing firm selected by the authority on or about the close of the state's fiscal year for the purpose of obtaining a certified audit of the authority's finances. (d) There shall be an executive committee consisting of five mem bers of the authority to be known as the Rural Rehabilitation Commit tee. The chairman of the Rural Rehabilitation Committee shall be the Commissioner of Agriculture, ex officio. The other members of the com mittee shall be the state auditor, ex orficio, the two members of the au thority who represent the interests of agriculture, and one member of the authority designated by the authority. The Rural Rehabilitation Com mittee shall administer all assets received by the authority under the terms of Public Law 499, Eighty-first Congress, Second Session, and all assets of the authority derived therefrom and shall be authorized to em ploy agents to accomplish such administration. Neither the Rural Reha bilitation Committee nor the authority shall at any time commingle as sets provided to the authority under the terms of Public Law 499, Eighty-first Congress, Second Session, with other assets of the authority. The Rural Rehabilitation Committee shall maintain a separate account ing of such assets and shall maintain suitable books and records of such assets which shall be audited as are the books and records of the author ity for other assets. Contracts concerning assets provided to the authority under the terms of Public Law 499, Eighty-first Congress, Second Ses sion, shall be executed by the committee." Section 3. Said chapter is further amended by striking Code Section 50-10-4 and Code Section 50-10-5, which read as follows: "50-10-4. (a) The corporate purpose and the general nature of the business of the Georgia Development Authority shall be: (1) Rural rehabilitation permissible under the chapter of the Geor gia Rural Rehabilitation Corporation and contained in paragraph (3) thereof and within the meaning of Public Law 499, Eighty-first Con gress, Second Session; (2) The development of agriculture and industry generally within the state by providing, securing, or guaranteeing loans for such purposes; and 2140 JOURNAL OF THE SENATE (3) Possession of and operation under any franchise, license, or per mit granted to it by the United States or this state for a business purpose. (b) The corporate powers of the authority shall be those provided in this chapter and those additional powers provided in subparagraph (a)(3)(C) and paragraphs (1) through (6), (8), (11), and (19) of subsec tion (b) of Code Section 14-2-21, and in Code Section 14-2-147. (c) In addition to, and not in limitation of, the powers granted in this chapter, the Georgia Development Authority shall have and may ex ercise the power and authority to guarantee or insure loans made for rural rehabilitation purposes or for agricultural and industrial develop ment, provided that the authority shall maintain a reserve or insurance fund in an amount not less than 15 percent of the contingent liability existing by reason of any contracts of insurance or guarantee. The re serve or insurance fund of the authority shall be invested in securities and investments permitted to insurance companies under the laws of this state. 50-10-5. This chapter, being for the welfare of this state and its in habitants, shall be liberally construed to effect the purposes hereof.", and inserting in lieu thereof new Code sections to read as follows: "50-10-4. As used in this chapter, the term: (1) 'Authority' means the Georgia Development Authority. (2) 'Bond' includes revenue bond. (3) 'Cost of project' or 'cost of any project' means; (A) All costs of acquisition, by purchase or otherwise, construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services; fees, franchises, permits, approvals, licenses, and certifi cates; the cost of securing any such franchises, permits, approvals, li censes, or certificates; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment, furniture, and other property used in or in connection with or necessary for any project; (C) All financing charges, bond insurance, and loan or loan guaran tee fees and all interest on revenue bonds, notes, or other obligations of the authority which accrues or is paid prior to and during the period of construction of a project and during such additional period as the author ity may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, planning, environmental as- TUESDAY, MARCH 1, 1983 2141 sessments, financial analyses, and architectural, legal, and accounting services and all expenses incurred by engineers, surveyors, planners, envi ronmental scientists, fiscal analysts, architects, attorneys, and account ants in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bond holders under any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by and such fiscal agents, paying agents, and trustees; and all other costs and expenses in curred relative to the issuance of any bonds, revenue bonds, notes, or other obligations for any project, including bond insurance; (G) All fees of any type charged by the authority in connection witfi any project; (H) All expenses of or incidental to determining the feasibility or practicability of any project; (I) All costs of plans and specifications for any project; (J) All costs of title insurance and examinations of title with respect to any project; (K) Repayment of any loans for the advance payment of any part of any of the foregoing costs, including interest thereon and any other ex penses of such loans; (L) Administrative expenses of the authority and such other ex penses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and (M) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the authority may approve with respect to the financing and operation of any project and as may be authorized by any bond reso lution, trust agreement, indenture or trust or similar instrument or agree ment pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority may be authorized. Any cost, obligation, or expense incurred for any of the purposes specified in this paragraph shall be a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds, notes, or other obligations issued by the authority. (4) 'County' means any county created under the Constitution or law of this state. (5) 'Environmental facilities' means any projects, structures, and other real or personal property acquired, rehabilitated, constructed, or planned: (A) For the purposes of supplying, distributing and treating water and diverting, channeling, or controlling water flow and head including, but not limited to, surface or ground water, canals, reservoirs, channels, 2142 JOURNAL OF THE SENATE basins, dams, aqueducts, standpipes, penstocks, conduits, pipelines, mains, pumping stations, water distribution systems, compensating reser voirs, intake stations, water works or sources of water supply, wells, puri fication or filtration plants or other treatment plants and works, connec tions, water meters, mechancial equipment, electric generating equipment, rights of flowage or division and other plant structures, equip ment, conveyances, real or personal property or rights therein and appur tenances, furnishings, accessories, and devices thereto necessary or useful and convenient for the collection, conveyance, distribution, pumping, treatment, storing, or disposing of water; and (B) For the purposes of collecting, treating, or disposing of sewerage including, but not limited to, main, trunk, intercepting, connecting, lat eral, outlet, or other sewers, outfall, pumping stations, treatment and dis posal plants, ground water rechange basins, backflow prevention devises, sludge dewatering or disposal equipment and facilities, clarifiers, filters, phosphorus removal equipment and other plants, soil absorption systems, innovative systems or equipment, structures, equipment, vehicles, convey ances, real or personal property or rights therein, and appurtenances thereto necessary or useful and convenient for the collection, conveyance, pumping, treatment, neutralization, storing, and disposing of sewage. (6) 'Environmental services' means the provision, collectively or in dividually, of water facilities, sewage facilities, or management services. (7) 'Local government' or 'local governing authority' means any mu nicipal corporation or county or any local water or sewer or sanitary dis trict and any state or local authority, board, or political subdivision cre ated by the General Assembly or pursuant to the Constitution and laws of the state. (8) 'Municipal corporation' or 'municipality' means any city or town in this state. (9) 'Obligation' means any bond, revenue bond, note, lease, contract, evidence of indebtedness, debt, or other obligation of the authority, the state, or local governments which are authorized to be issued under this chapter or under the Constitution or other laws of this state, including refunding bonds. (10) 'Project' means the acquisition, construction, installation, modi fication, renovation, repair, extension, renewal, replacement, or rehabili tation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any na ture whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of providing environmental facilities and services to meet public health and environmental standards and to aid the devel opment of trade, commerce, industry, agriculture, and employment opportunities. (11) 'Revenue bond' includes bond. TUESDAY, MARCH 1, 1983 2143 (12) 'Sewerage facility' means any environmental facility described in subparagraph (B) of paragraph (4) of this Code section, defining 'en vironmental facilities.' (13) 'Water facility' means any environmental facility described in subparagraph (A) of paragraph (4) of this Code section, defining 'envi ronmental facilities.' 50-10-5. (a) The corporate purpose and the general nature of the business of the Georgia Development Authority shall be: (1) Rural rehabilitation permissible under the charter of the Geor gia Rural Rehabilitation Corporation and contained in paragraph (3) thereof and within the meaning of Public Law 499, Eighty-first Con gress, Second Session; and nothing contained in this chapter shall be con strued to permit the violation of trust agreements, contracts, or other ob ligations entered into by the state or the authority pursuant to Public Law 499, Eighty-first Congress, Second Session, or to encumber assets of the authority necessary to the performance of such trust agreements, contracts, or obligations, and no bonds, revenue bonds, notes, or other obligations of the authority issued for an environmental facility project may encumber assets of the authority provided to it under the provisions of Public Law 499, Eighty-first Congress, Second Session, nor any funds derived or to be derived from such assets; (2) The development of agriculture and industry generally within the state by providing, securing, or guaranteeing loans for such purposes; (3) Possession of and operation under any franchise, license, or per mit granted to it by the United States or this state for a business pur pose; and (4) Assistance to local governments in constructing, extending, reha bilitating, repairing, replacing, and renewing environmental facilities needs necessary for public purposes and commercial, residential, and in dustrial development or necessary or incidental to such development by providing grants, loans, bonds, and other forms of financial and technical assistance to local governments by providing such facilities. (b) The corporate powers of the authority shall be those provided in this chapter. (c) In addition to, and not in limitation of, the powers granted in this chapter, the Georgia Development Authority shall have and may ex ercise the power and authority to guarantee or insure loans made for rural rehabilitation purposes or for agricultural and industrial develop ment, provided that, with respect to any such guarantee or contract of insurance made by the Rural Rehabilitation Committee involving an as set provided to the authority under Public Law 499, Eighty-first Con gress, Second Session, the authority shall maintain a reserve or insurance fund out of such assets in an amount not less than 15 percent of the contingent liability existing by reason of any such contracts of insurance or guarantee made by the Rural Rehabilitation Committee. The reserve or insurance fund of the authority may be invested. 2144 JOURNAL OF THE SENATE (d) Except as otherwise limited by this chapter, the authority's pow ers are reaffirmed and expanded as follows, which reaffirmed and ex panded powers are to be considered cumulative of the powers previously given the authority. The authority shall have power: (1) To sue and be sued in all courts of this state, the original juris diction and venue of such actions being the Superior Court of Fulton County; (2) To have a seal and alter the same at its pleasure; (3) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the author ity or to further the public purpose for which the authority is created, such contracts, leases, or instruments to include contracts for construc tion, operation, management, or maintenance of projects and facilities owned by local government, the authority, or by the state or any state authority; and any and all local governments, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, agreements, or other instruments with the authority upon such terms and to transfer real and personal property to the authority for such considera tion and for such purposes as they deem advisable; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (5) To appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their compensation; (6) To finance by loan, loan guarantee, grant, lease, or otherwise, and to construct, erect, assemble, purchase, acquire, own, repair, re model, renew, replace, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, lease, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, revenue bonds, notes, or other obligations of the authority or any other funds of the authority or from any contributions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the authority is authorized to receive, accept, and use; (7) To make loans, through the acquisition of bonds, revenue bonds, notes, or other obligations, and to make grants to local governments or state or local governmental agencies for the acquisition or construction of agricultural, industrial, or commercial facilities and of environmental fa cilities by any such local government or state or local governmental agency and to adopt rules, regulations, and procedures for making such loans and grants; (8) To borrow money to further or carry out its public purpose and to issue revenue bonds, notes, or other obligations to evidence such loans and to execute leases, trust indentures, trust agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable in TUESDAY, MARCH 1, 1983 2145 the judgment of the authority, and to evidence and to provide security for such loans; (9) To issue revenue bonds, bonds, notes, or other obligations of the authority and use the proceeds thereof for the purpose of paying, or loan ing the proceeds thereof to pay, all or any part of the cost of any project and otherwise to use the proceeds to further or carry out the public pur pose of the authority and to pay all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out such purpose and to pay all costs of the authority incurred in connection with the issu ance of the revenue bonds, bonds, notes, or other obligations; (10) To collect fees and charges in connection with its loans, com mitments, and servicing including, but not limited to, reimbursements of costs of financing, as the authority shall determine to be reasonable and as shall be approved by the authority; (11) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this chapter, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following: (A) Bonds or other obligations of the state or bonds or other obliga tions, the principal and interest of which are guaranteed by the state; (B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government; (C) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, and the Bank for Cooperatives; (D) Bonds or other obligations issued by any public housing agency or municipality in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; (E) Certificates of deposit of national or state banks located within the state which have deposits insured by the Federal Deposit Insurance Corporation or any Georgia Deposit Insurance Corporation and certifi cates of deposit of federal savings and loan associations and state build ing and loan associations located within the state which have deposits insured by the Federal Savings and Loan Insurance Corporation or any Georgia Deposit Insurance Corporation, including the certificates of de posit of any bank, savings and loan association, or building and loan asso ciation acting as depository, custodian, or trustee for any such bond pro ceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corpo- 2146 JOURNAL OF THE SENATE ration or the Federal Savings and Loan Insurance Corporation or any Georgia Deposit Insurance Corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta of Geor gia, or with any national or state bank located within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: (i) Direct and general obligations of the state or of any county or municipality in the state; (ii) Obligations of the United States or subsidiary corporations in cluded in subparagraph (B) of this paragraph; (iii) Obligations of agencies of the United States government in cluded in subparagraph (C) of this paragraph; or (iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in subparagraph (D) of this paragraph; and (F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, re verse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment or reinvest ment of such moneys and provided, further, that all moneys in each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrange ment shall be continuously and fully secured by obligations described in subparagraph (A), (B), (C), or (D) of this paragraph, equal at all times to the amount of the interest-bearing time deposit, repurchase agree ment, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangements; (12) To acquire or contract to acquire from any person, firm, corpo ration, local government, federal or state agency, or corporation by grant, purchase, or otherwise, leaseholds, real or personal property, or any inter est therein; and to sell, assign, exchange, transfer, convey, lease, mort gage, or otherwise dispose of or encumber the same; and local govern ment is authorized to grant, sell, or otherwise alienate leaseholds, real and personal property, or any interest therein to the authority; (13) To invest any moneys held in debt service funds or sinking funds not restricted as to investment by the Constitution or laws of this state or the federal government or by contract not required for immedi ate use or disbursement in obligations of the types specified in paragraph (11) of this subsection, provided that, for the purposes of this paragraph, TUESDAY, MARCH 1, 1983 2147 the amounts and maturities of such obligations shall be based upon and correlated to the debt service, which debt service shall be the principal installments and interest payments, schedule for which such moneys are to be applied; (14) To provide advisory, technical, consultative, training, educa tional, and project assistance services to the state and local government and to enter into contracts with the state and local government to provide such services. The state and local governments are authorized to enter into contracts with the authority for such services and to pay for such services as may be provided them; (15) To make loan commitments and loans to local government and to enter into option arrangements with local government for the purchase of said bonds, revenue bonds, notes, or other obligations; (16) To sell or pledge any bonds, revenue bonds, notes, or other obli gations acquired by it whenever it is determined by the authority that the sale thereof is desirable; (17) To apply for and to accept any gifts or grants or loan guaran tees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and con ditions thereof; (18) To lease to local governments any authority owned facilities or property or any state owned facilities or property which the authority is managing under contract with the state; (19) To contract with state agencies or any local government for the use by the authority of any property or facilities or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the authority and such state agencies and local governments are authorized to enter into such contracts; (20) To extend credit or make loans, including the acquisition of bonds, revenue bonds, notes, or other obligations to the state, any local governments, or other entity, including the federal government, for the cost or expense of any project or any part of the cost or expense of any project, which credit or loans may be evidenced or secured by trust in dentures, loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, or assignments, on such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit of loans, including provision for the establishment and maintenance of reserve funds; and, in the exercise of powers granted by this chapter in connection with any project, the authority shall have the right and power to require the inclusion in any such trust indentures, loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument such provisions or require ments for guaranty of any obligations, insurance, construction, use, oper- 2148 JOURNAL OF THE SENATE ation, maintenance, and financing of a project and such other terms and conditions as the authority may deem necessary or desirable; (21) As security for repayment of any bonds, revenue bonds, notes, or other obligations of the authority, to pledge, lease, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority including, but not limited to, real property, fixtures, personal property, and revenues or other funds and to execute any lease, trust indenture, trust agreement, agreement for the sale of the authority's revenue bonds, notes or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the au thority, to secure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agree ment or instrument; (22) To receive and use the proceeds of any tax levied by a local government to pay all or any part of the cost of any project or for any other purpose for which the authority may use its own funds pursuant to this chapter; (23) To use income earned on any investment for such corporate purposes of the authority as the authority in its discretion shall determine; (24) To cooperate and act in conjunction with industrial, commer cial, medical, scientific, public interest, or educational organizations; with agencies of the federal government and this state and local government; with other states and their political subdivisions; and with joint agencies thereof and such state agencies, local government, and joint agencies are authorized and empowered to cooperate and act in conjunction, and to enter into contracts or agreements with the authority and local govern ment to achieve or further the policies of the state declared in this chapter; (25) To adopt bylaws governing the conduct of business by the au thority, the election and duties of officers of the authority, and other mat ters which the authority determines to deal with in its bylaws; (26) To exercise any power granted by the laws of this state to pub lic or private corporations which is not in conflict with the public purpose of the authority; (27) To do all things necessary or convenient to carry out the powers conferred by this chapter; and (28) To designate three or more of its number to constitute an exec utive committee who, to the extent provided in such resolution or in the bylaws of the authority, shall have and may exercise the powers of the authority in the management of the affairs and property of the authority and the exercise of its powers. TUESDAY, MARCH 1, 1983 2149 (e) The authority shall not have the power of eminent domain. 50-10-6. (a) The authority may make loans to a local government to pay all or any part of the cost of a project. The authority may require the local government to issue bonds or revenue bonds as evidence of such loans. The authority and a local government may enter into such loan commitments and option agreements as may be determined appropriate by the authority. (b) The authority may require as a condition of any loan to a local government that such local government shall perform any or all of the following: (1) In the case of loans for a sewerage facility, establish and collect sewer rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) costs of operation, maintenance, replacement, renewal, and repairs and (B) outstanding indebtedness in curred for the purposes of such sewerage facility, including the principal of and interest on the bond, revenue bond, note, or other obligation issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves; (2) In the case of loans for a water facility, establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) costs of operation, maintenance, renewal, replacement, and repairs of the water facility of such local government and (B) outstanding indebtedness incurred for the purposes of such water facility, including the principal of and interest on the bonds, revenue bonds, notes, or other obligations issued by the local government, as the same shall become due and payable, and to create and maintain any re quired reserves; (3) Create and maintain a special fund or funds, as additional secur ity for the payment of the principal of such revenue bonds and the inter est thereon and any other amounts becoming due under any agreement, entered into in connection therewith and for the deposit therein of such revenues as shall be sufficient to make such payment as the same shall become due and payable; (4) Create and maintain such other special funds as may be re quired by the authority; and (5) Perform such other acts, including the conveyance of real and personal property together with all right, title, or interest therein to the authority, or take other actions as may be deemed necessary or desirable by the authority to secure the payment of the principal of and interest on such bonds, revenue bonds, notes, or other obligations and to provide for the remedies of the authority in the event of any default by such local government in such payment. (c) All local governments issuing and selling bonds, revenue bonds, notes, or other obligations to the authority are authorized to perform such acts, take such action, adopt such proceedings, and to make and carry out such contracts with the authority as may be contemplated by this chapter. 2150 JOURNAL OF THE SENATE (d) In connection with the making of any loan authorized by this chapter, the authority may fix and collect such fees and charges includ ing, but not limited to, reimbursement of all costs of financing by the authority, as the authority shall determine to be reasonable. Neither the Public Service Commission nor any local government or state agency shall have jurisdiction over the authority's power over the regulation of such fees or charges. 50-10-7. (a) For the purposes of this chapter, the term 'lease agree ment' shall mean and include a lease, operating lease rental agreement, usufruct, sale and lease back, or any other lease agreement having a term of not more than 50 years and concerning real, personal, or mixed prop erty, any right, title, or interest therein by and between the state, the authority, a local government, or any combination thereof. (b) A local government by resolution of its governing body may enter into a lease agreement for the provision of environmental services utilizing facilities owned by the authority upon such terms and conditions as the authority shall determine to be reasonable including, but not lim ited to, the reimbursement of all costs of construction and financing and claims arising therefrom. (c) No lease agreement shall be deemed to be a contract subject to any law requiring that contract shall be let only after receipt of competi tive bids. (d) Any lease agreement may provide for the construction of such environmental facility by the local government as agent for the authority. In such event, all contracts for such construction shall be let by such local government in accordance with the provisions of law otherwise ap plicable to the letting of such contracts by such local government and with the provisions of state law pertaining to prevailing wages, labor standards, and working hours. Any such lease agreement may contain provisions by which such local government shall indemnify the authority against any and all damages resulting from acts or omissions to act on the part of such local government or its officers, agents, or employees in constructing such facility or facilities, in letting any contracts in con nection therewith, or in operating and maintaining the same. (e) Any lease agreement executed by the authority directly with any local government may provide that at the termination thereof and upon payment in full of all amounts due thereunder and otherwise to the au thority, title to the environmental facility project shall vest in the local government or its successor in interest, if any, free and clear of any liens of encumbrances created in connection with any contract or bonds, reve nue bonds, notes, or other obligations involving the authority. (f) Any lease agreement directly between the state or authority and a local government may contain provisions requiring the local govern ment to perform any or all of the following: (1) In the case of a sewerage facility, to establish and collect sewer rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: TUESDAY, MARCH 1, 1983 2151 (A) The costs of operation, maintenance, renewal, replacement, and repairs of the sewerage facility of such local government; and (B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such sewerage facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves; (2) In the case of a water facility, to establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all of a specified portion of: (A) The cost of operation, maintenance, renewal, and repairs of the water facility of such local government; and (B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such water facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves; (3) To create and maintain reasonable reserves or other special funds; (4) To create and maintain a special fund or funds, as additional security for the punctual payment of any rentals due under such lease agreement and for the deposit therein of such revenues as shall be suffi cient to pay said lease rentals and any other amounts becoming due under such lease agreements as the same shall become due and payable; or (5) To perform such other acts and take such other action as may be deemed necessary and desirable by the authority to secure the complete and punctual performance by such local government of such lease agree ments and to provide for the remedies of the authority in the event of a default by such local government in such payment. 50-10-8. (a) The authority shall have the power and is authorized from time to time to issue bonds, in such principal amounts as it may determine to be necessary to pay all or a portion of the cost of any pro ject or environmental facilities, to provide amounts necessary for any cor porate purposes, including incidental expenses in connection with the is suance of the bonds. (b) In addition, the authority shall have the power and is authorized to issue bonds in such principal amounts as the authority deems appro priate, such bonds to be primarily secured by a pool of obligations issued by local governments when the proceeds of the local government obliga tions are applied to local environmental facility projects. (c) The authority shall have the power from time to time to refund any bonds by the issuance of new bonds whether the bonds to be re funded have or have not matured and may issue bonds partly to refund bonds then outstanding and partly for any other corporate purpose. 2152 JOURNAL OF THE SENATE (d) Bonds issued by the authority shall be special obligations paya ble solely out of particular revenues or other moneys of the authority as may be designated in the proceedings of the authority under which the bonds shall be authorized to be issued, subject to any agreements entered into between the authority and state agencies, local government, or pri vate parties and subject to any agreements with the holders of outstand ing bonds pledging any particular revenues or moneys. (e) (1) The authority is authorized to obtain from any department, agency, or corporation of the United States of America or governmental insurer, including the state, any insurance or guaranty, to the extent now or hereafter available, as to or for the payment or repayment of interest or principal, or both, or any part thereof on any bonds or notes issued by the authority or on any obligations of federal, state, or local governments purchased or held by the authority; and to enter into any agreement or contract with respect to any such insurance or guaranty, except to the extent that the same would in any way impair or interfere with the abil ity of the authority to perform and fulfill the terms of any agreement made with the holders of the bonds or notes of the authority. (2) Bonds issued by the authority shall be authorized by resolution of the authority, be in such denominations, bear such date or dates, and mature at such time or times as the authority determines to be appropri ate, except that bonds and any renewal thereof shall mature within 25 years of the date of their original issuance. Such bonds shall be subject to such terms of redemption, bear interest at such rate or rates payable at such times, be in such form, either coupon or registered, as to principal or interest or both principal and interest, carry such registration privi leges, be executed in such manner, be payable in such medium of pay ment at such place or places, and be subject to such terms and conditions as such resolution of the authority may provide. Bonds may be sold at public or private sale for such price or prices as the authority shall determine. (3) Any resolution or resolutions authorizing bonds or any issue of bonds may contain provisions which may be a part of the contract with the holders of the bonds thereby authorized as to: (A) Pledging all or part of its revenues, together with any other moneys, securities, contracts, or property to secure the payment of the bonds, subject to such agreements with bondholders as may then exist; (B) Setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof; (C) Limiting the purpose to which the proceeds from the sale of bonds may be applied; (D) Limiting the right of the authority to restrict and regulate the use of any project or part thereof in connection with which bonds are issued; (E) Limiting the issuance of additional bonds, the terms upon which additional bonds may be issued and secured and the refunding of out standing or other bonds; TUESDAY, MARCH 1, 1983 2153 (F) Setting the procedure, if any, by which the terms of any con tract with bondholders may be amended or abrogated, including the pro portion of bondholders which must consent thereto and the manner in which such consent may be given; (G) Creating special funds into which any revenues or other moneys may be deposited; (H) Setting the terms and provisions of any trust, deed, or indenture or other agreement under which the bonds may be issued; (I) Vesting in a trustee or trustees such properties, rights, powers, and duties in trust as the authority may determine, which may include any or all of the rights, powers, and duties of the trustee appointed by the bondholders pursuant to Code Section 50-10-11 and limiting or abro gating the rights of the bondholders to appoint a trustee under such Code section or limiting the rights, duties, and powers of such trustee; (J) Defining the acts or omissions to act which may constitute a default in the obligations and duties of the authority to the bondholders and providing for the rights and remedies of the bondholders in the event of such default, including as a matter of right the appointment of a re ceiver; provided, however, that such rights and remedies shall not be in consistent with the general laws of the state and other provisions of this chapter; (K) Limiting the power of the authority to sell or otherwise dispose of any environmental facility or any part thereof or other property, in cluding municipal bonds held by it; (L) Limiting the amount of revenues and other moneys to be ex pended for operating, administrative, or other expenses of the authority; (M) Providing for the payment of the proceeds of bonds, obligations, revenues, and other moneys to a trustee or other depository and for the method of disbursement thereof with such safeguards and restrictions as the authority may determine; and (N) Establishing any other matters of like or different character which in any way affect the security for the bonds or the rights and rem edies of bondholders. (4) In addition to the powers conferred upon the authority to secure its bonds, the authority shall have power in connection with the issuance of bonds to enter into such agreements as the authority may deem neces sary, consistent, or desirable concerning the use or disposition of its reve nues or other moneys or property, including the mortgaging of any prop erty and the entrusting, pledging, or creation of any other security interest in any such revenues, moneys, or property and the doing of any act, including refraining from doing any act, which the authority would have the right to do in the absence of such agreements. The authority shall have power to enter into amendments of any such agreements within the powers granted to the authority by this chapter and to per form such agreements. The provisions of any such agreements may be made a part of the contract with the holders of bonds of the authority. 2154 JOURNAL OF THE SENATE (5) Any pledge of or other security interest in revenues, moneys, accounts, contract rights, general intangibles, or other personal property made or created by the authority shall be valid, binding, and perfected from the time when such pledge is made or other security interest at taches without any physical delivery of the collateral or further act, and the lien of any such pledge or other security interest shall be valid, bind ing, and perfected against all parties having claims of any kind in tort, contract, or otherwise against the authority irrespective of whether or not such parties have notice thereof. No instrument by which such a pledge or security interest is created nor any financing statement need be re corded or filed. (6) All bonds issued by the authority shall be executed in the name of the authority by the chairman and secretary of the authority and shall be sealed with the official seal or a facsimile thereof. Coupons, if any, shall be executed in the name of the authority by the chairman of the authority, the facsimile signature of the chairman and the secretary of the authority may be imprinted in lieu of the manual signature if the authority so directs; and the facsimile of the chairman's signature shall be used on coupons, if such are attached. Bonds and interest coupons appurtenant thereto bearing the manual or facsimile signature of a per son in office at the time such signature was signed or imprinted shall be fully valid, notwithstanding the fact that before or after delivery thereof such person ceased to hold such office. (7) Prior to the preparation of definitive bonds, the authority may issue interim receipts, interim certificates, or temporary bonds exchange able for definitive bonds upon the issuance of the latter; the authority may provide for the replacement of any bond which shall become muti lated or be destroyed or lost. (8) All bonds issued by the authority under this chapter may be executed, confirmed, and validated under and in accordance with Article 3 of Chapter 82 of Title 36, except as otherwise provided in this chapter. (9) The venue for all bond validation proceedings pursuant to this chapter shall be Fulton County, and the Superior Court of Fulton County shall have exclusive final court jurisdiction over such proceedings. (10) Bonds issued by the authority shall have a certificate of valida tion bearing the facsimile signature of the clerk of the Superior Court of Fulton County and shall state the date on which said bonds were vali dated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court of this state. (11) The authority shall reimburse the district attorney for his ac tual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation shall be as follows for each bond, regardless of the denomina tion of such bond: (A) One dollar each for the first 100 bonds; (B) Twenty-five cents each for the next 400 bonds; and TUESDAY, MARCH 1, 1983 2155 (C) Ten cents for each such bond over 500. (12) Whether or not the bonds of the authority are of such form and character as to be negotiable instruments, the bonds are made negotiable instruments within the meaning of and for all the purposes of Georgia law subject only to the provisions of the bonds for registration. (13) Neither the members of the authority nor any person executing bonds shall be liable personally thereon or be subject to any personal liability or accountability solely by reason of the issuance thereof. (14) The authority, subject to such agreements with bondholders as then may exist, shall have power out of any moneys available therefor to purchase bonds of the authority, which shall thereupon be canceled, at a price not in excess of the following: (A) If the bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date; or (B) If the bonds are not then redeemable, the redemption price ap plicable on the first date after such purchase upon which the bonds be come subject to redemption, plus accrued interest to the next interest payment date. (15) In lieu of specifying the rate or rates of interest which bonds to be issued by an authority are to bear, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for valida tion may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which rate may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which rate may be fixed or may fluctuate or otherwise change from time to time, so spec ified; provided, however, that nothing in this Code section shall be con strued as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost result ing therefrom would exceed the maximum per annum interest rate speci fied in such notices and in the petition and complaint. 50-10-9. The authority shall not enter into any contract or agree ment with any local government with respect to the financing of any en vironmental facility pursuant to this act, unless the director of the Envi ronmental Protection Division of the Department of Natural Resources shall have completed all existing statutory reviews and approvals with respect to such project. Nothing in this chapter shall be construed to diminish the -full authority and responsibility of the director of the Envi ronmental Protection Division for existing statutory reviews and approvals. 50-10-10. The bonds of the authority are made securities in which all public officials and bodies of the state and all municipalities, all insur ance companies and associations, and other persons carrying on an insur ance business, all banks, bankers, trust companies, savings banks, and 2156 JOURNAL OF THE SENATE savings associations, including savings and loan associations, investment companies and other persons carrying on a banking business, and admin istrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever, who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and may be received by all public officers and bodies of this state and all municipali ties for any purposes for which the deposit of bonds or other obligations of this state is now or hereafter may be authorized. 50-10-11. The State of Georgia does pledge to and agree with the holders of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the holders of bonds or in any way impair the rights and remedies of bondholders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged or funds for the payment of such are fully provided. The au thority is authorized to include this pledge and agreement of the state in any agreement with bondholders. 50-10-12. Neither the members of the authority nor any officer or employee of the authority acting in behalf thereof, while acting within the scope of his authority, shall be subject to any liability resulting from: (1) The construction, ownership, maintenance, or operation of any project financed with the assistance of the authority; (2) The construction, ownership, maintenance, or operation of any sewerage system, environmental facility, or water system owned by a lo cal government; or (3) Carrying out any of the powers expressly given in this chapter. 50-10-13. The provisions of this chapter shall be liberally construed to effect the purpose hereof. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 1 of Title 10, known as the 'Georgia Securities Act of 1973.' No notice, proceeding, or publication except those required in this chapter shall be necessary to the performance of any act authorized in this chapter; nor shall any such act be subject to referendum. 50-10-14. No bonds, notes, or other obligations of and no indebted ness incurred by the authority shall constitute an indebtedness or obliga tion or a pledge of the faith and credit of the State of Georgia or of its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies; provided, however, the state, to the extent permitted by its Constitution, may guarantee pay ment of such bonds, notes, or other obligations as guaranteed revenue debt. 50-10-15. It is found, determined, and declared that the creation of TUESDAY, MARCH 1, 1983 2157 this authority and the carrying out of its corporate purposes is in all re spects for the benefit of the people of the state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter. For such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued under this chapter that the authority shall not be required to pay any taxes or as sessments imposed by the state or any of its counties, municipal corpora tions, political subdivisions, or taxing districts upon any property ac quired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax ex emption provided in this chapter shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority. 50-10-16. The authority shall have all rights afforded the state by virtue of the Constitution of the United States, and nothing in this chap ter shall be construed to remove any such rights. 50-10-17. The issuance of any bond, revenue bond, note, or other obligation or incurring of debt, public or otherwise, by the authority must be approved by the commission established by Article VII, Section HI, Paragraph III of the Constitution of the State of Georgia of 1976 and Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1982 or its successor, provided that, except as to the use of the proceeds of bonds guaranteed as to payment by the state or with respect to funds provided to the authority by the state from the sale of state general obligation bonds, the authority shall not acquire any bond, revenue bond, note, or other obligation from a local government issued to pay all or part of the cost of any local project to be acquired or con structed by a local government unless such local government shall have first undertaken to sell such bond, revenue bond, note, or other obligation pursuant to a request for bids or a request for proposal, for negotiation or otherwise, in accordance with and on terms and conditions prescribed by the above commission. 50-10-18. This chapter, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this chapter. 50-10-19. The authority is specifically authorized, to the extent per mitted under the Constitution of this state, to use the proceeds of general obligation debt incurred by the state on such projects and for such pur poses as are described by the General Assembly of Georgia in legislation stating the purposes for which such debt is incurred. 50-10-20. Nothing contained in this chapter shall permit the author ity to issue bonds or revenue bonds at any time when the sum of: 2158 JOURNAL OF THE SENATE (1) The highest aggregate annual debt service requirements for the then current fiscal year or any subsequent fiscal year for outstanding au thority bonds or revenue bonds, including the proposed bonds or revenue bonds; and (2) The highest annual debt service requirements for the then cur rent fiscal year or any subsequent fiscal year on general obligation debt of the state issued for authority projects exceeds 1 percent of the total revenue receipts, less refunds, of the state treasury in the fiscal year im mediately preceding the year in which any such bond or revenue bond is to be issued. 50-10-21. (a) In the event of a failure of any local government to collect and remit in full all amounts due to the authority and all amounts due to others, which involve the credit or guarantee of the authority or of the state, on the date such amounts are due under the terms of any bond, revenue bonds, note, or other obligation of the local government, it shall be the duty of the authority to notify the director of the Fiscal Division of the Department of Administrative Services who shall withhold all funds of the state and all funds administered by the state, its agencies, boards, and instrumentalities allotted to such local government until such local government has collected and remitted in full all sums due and cured or remedied all defaults on any such bond, revenue bond, note, or other obligation. (b) Nothing contained in this Code section shall mandate the with holding of funds allocated to a local government which would violate con tracts to which the state is a party, the requirements of federal law im posed on the state, or judgments of any court binding the state." Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are repealed. Senator Barnes of the 33rd offered the following amendment: Amend the substitute to HB 567 offered by the Senate Committee on Natural Resources and Environmental Quality by adding on line 9 of Page 17 after the following: "assets.", the following: "The authority shall at no time commingle funds obtained under the provisions of Public Law 499, Eighty-first Congress, Second Session, or funds derived from such assets with other funds of the authority, and such funds shall not be liable for any deficit, default, or failure of any environmental facility project; nor shall funds obtained by the authority, through the issuance of obligations or otherwise, for environmental facil ity projects be liable for any deficit, default, or failure of any program insured, guaranteed, or involving funds obtained by the authority under TUESDAY, MARCH 1, 1983 2159 Public Law 499, Eighty-first Congress, Second Session, or arising under Public Law 499, Eighty-first Congress, Second Session;". 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 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 Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Tate Thompson Timmons Trulock Turner Tysinger Walker Voting in the negative was Senator Hudgins. Those not voting were Senators: Brantley Garner Hill Starr (excused conferee) On the passage of the bill, the yeas were 50, nays 1. Stumbaugh The bill, having received the requisite constitutional majority, was passed by substitute. 2160 JOURNAL OF THE SENATE The following bill of the Senate was taken up for the purpose of considering the House amendments thereto: 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. The House amendments were as follows: Amendment No. 1: Amend SB 59 as follows: Page 2 -- line 12 after the period insert the following sentence: "However, if the child is between the ages of three and four years of age, a seat belt shall be suffi cient to meet the requirements of this subsection." Continue with the word "The" on line 12. Continue with the language on lines 13, 14, 15 and 16. Amendment No. 2: Amend SB 59 on Page 2, line 1 by changing "January 1, 1984" to "July 1, 1984". Amendment No. 3: Amend SB 59 by deleting lines 30, 31, 32, 33 and 34 on Page 2, and lines 1, 2, 3 and 4 on Page 3, and relettering paragraph (c) on line 5, Page 3 as paragraph (b). Amendment No. 4: Amend SB 59 by adding a new paragraph (d) on Page 3 to read as follows: "The provisions of this Act shall not apply to the driver of a car pool carrying children under 4 years old to a church or public or private school." Senator Allgood of the 22nd moved that the Senate agree to the House amend ments to SB 59. TUESDAY, MARCH 1, 1983 2161 On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Dean English Engram Foster Gillis Harris Harrison Hine Horton Howard Huggins Kennedy Kidd Land Lester Littlefield McGill McKenzie Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Tate Thompson Turner Tysinger Walker Those voting in the negative were Senators: Deal Peevy Stumbaugh Those not voting were Senators: Fincher Garner Greene Hill Holloway (excused conferee) Hudgins Starr (excused conferee) Timmons Trulock On the motion, the yeas were 44, nays 3; the motion prevailed, and the Senate agreed to the House amendments to SB 59. The following local bills of the Senate were taken up for the purpose of consider ing the House substitutes thereto: 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. 2162 JOURNAL OF THE SENATE The House substitute to SB 278 was as follows: A BILL TO BE ENTITLED AN ACT To amend an Act consolidating the offices of tax collector and tax re ceiver of Cobb County into the one office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4756), so as to change the provisions relating to the compensation of the tax commis sioner and his chief clerk; 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 consolidating the offices of tax collector and tax re ceiver of Cobb County into the one office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4756), is amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: "Section 3. The tax commissioner shall receive an annual salary of $34,821.00, to be paid in equal monthly installments from county funds. The tax commissioner shall be allowed one chief clerk whose annual sal ary shall be $31,535.00, to be paid in equal monthly installments from the funds in the county treasury. Any candidate for the office of tax com missioner of Cobb County shall, on the date of his qualifying for such office in either a primary or a general election, certify to the judge of the Probate Court of Cobb County the name of the person he shall appoint as his chief clerk in the event he is elected to the office of tax commis sioner of Cobb County; and the person so named shall serve as the chief clerk during the term for which he was so named. In the event of the death or removal from office of said chief clerk, the tax commissioner of Cobb County shall have 30 days from said date of death or removal from office of said chief clerk to certify to the judge of the Probate Court of Cobb County the name of the chief clerk to be appointed by him." Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Harrison of the 37th moved that the Senate disagree to the House substi tute to SB 278. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 278. TUESDAY, MARCH 1, 1983 2163 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 House substitute to SB 280 was as follows: A BILL TO BE ENTITLED AN ACT To amend an Act changing the boundaries of the seven education dis tricts of the Cobb County School District, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4176), so as to change the provisions relating to the com pensation of the chairman and other members of the board of education; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act changing the boundaries of the seven education dis tricts of the Cobb County School District, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4176), is amended by striking subsection (d) of Section 2 in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: "(d) Each member of the board of education of Cobb County, ex cept for the chairman, shall receive an annual salary of $6,000.00, to be paid in equal monthly installments from the funds of the board of educa tion. The chairman shall receive an annual salary of $7,200.00, to be paid in equal monthly installments from the funds of the board of education." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Harrison of the 37th moved that the Senate disagree to the House substi tute to SB 280. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 280. 2164 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 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. 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 Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Gillis Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Turner Tysinger Those not voting were Senators: Garner Greene Hill Littlefield Phillips Starr (excused conferee) Timmons Trulock Walker On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. TUESDAY, MARCH 1, 1983 2165 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. Senate Sponsor: Senator Peevy of the 48th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood 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 Harris Harrison Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land Lester 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: Garner Greene Hill Horton Littlefield Stumbaugh On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair. 2166 JOURNAL OF THE SENATE 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. Senate Sponsors: Senators Greene of the 26th and Barnes of the 33rd. The Senate Committee on Judiciary and Constitutional Law offered the following substitute to HB 580: A BILL TO BE ENTITLED AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that the Supreme Court may extend its terms by rule or order; to repeal provisions relating to the Supreme Court sitting in divisions; to provide that four justices shall constitute a quorum; to provide alternative methods of recording the court's proceedings; to provide for a judicial council of Georgia; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsection (b) of Code Section 15-2-4, relating to the place of sessions and the terms of the Supreme Court, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: "(b) Unless the Supreme Court by rule or order chooses to extend its terms of court, the terms shall be as follows: (1) January term beginning the first Monday in January; (2) April term beginning the first Monday in April; and (3) September term beginning the first Monday in September." Section 2. Said title is further amended by striking Code Sections 15-210 through 15-2-15, relating to procedures by which the Supreme Court may sit in divisions, which Code sections read as follows: "15-2-10. As used in Code Section 15-2-11 through 15-2-15, the term 'court as a whole' means the Supreme Court when not sitting or acting in divisions, and such court shall consist of four or more Justices. 15-2-11. The court may, in its discretion, sit either for the hearing or for the decision of cases as a whole, of which not less than four Justices shall constitute a quorum or, for like purposes, in separate divisions of at least three Justices each. Whenever three Justices are assigned to a divi sion, two of them shall constitute a quorum for that division. TUESDAY, MARCH 1, 1983 2167 15-2-12. (a) It shall be the duty of the Chief Justice to separate the court into two divisions, designating which Justices shall compose each. The personnel of each division, under the direction of the Chief Justice and in accordance with such rules as the court may prescribe, shall be changed from time to time so that the two divisions will not become per manent in their constituency. (b) The division of which the Chief Justice is a member shall be known and distinguished as the 'First Division,' and he shall be its Pre siding Justice. The other division shall be known and distinguished as the 'Second Division,' and its Presiding Justice shall be designated by the Chief Justice. (c) Whenever the Chief Justice is absent or disqualified, any duty devolving specially upon him shall be performed by the Presiding Justice who has been elected pursuant to Article VI, Section VI, Paragraph I of the Constitution of this state. 15-2-13. Either division of the court shall have the power to issue the writ of mandamus or to take any other action necessary to the perfec tion of records, according to the practice of the court. Either division may render a final judgment in any case argued before it, and the judg ment shall have the same force and effect as if rendered by the court as a whole. Nevertheless, the court shall, as far as practicable, endeavor so to conduct its proceedings as to have the concurrence of all the Justices in all judgments rendered except in cases where there is an express dissent upon the part of one or more of them. 15-2-14. Every case argued before either division may be considered and decided by the court as a whole, or any one or more Justices of the other division may participate in the decision thereof without further ar gument. Where, for any reason, a case is heard in a division by only two Justices, the Chief Justice shall direct one or more Justices of the other division to participate in deciding it or direct that it be decided by the court as a whole. 15-2-15. Whenever any Justice in a division differs from the other two Justices as to any particular case pending before the division, the case shall go to the court as a whole for decision. Whenever the court as a whole decides a case which has been argued before one division only, it may, upon its own motion, but not otherwise, order a reargument therein.", in their entirety. Section 3. Said title is further amended by striking subsection (a) of Code Section 15-2-16, relating to reversal and affirmance of cases, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: "(a) In all cases decided by the Supreme Court, the concurrence of a majority of the Justices shall be essential to a judgment of reversal. If the Justices are evenly divided, the judgment of the court below shall stand affirmed. In all cases decided by the court, with at least a quorum but less than seven Justices, the concurrence of at least four shall be 2168 JOURNAL OF THE SENATE essential to the rendition of a judgment; and, if only four Justices act upon a case and they are evenly divided, the case shall be reargued before a full bench, if possible, before the term closes; and, if not possi ble, the judgment of the court below shall stand affirmed." Section 4. Said title is further amended by striking Code Section 15-217, relating to the rules promulgated by the Supreme Court, in its entirety and substituting in lieu thereof a new Code Section 15-2-17 to read as follows: "15-2-17. The Supreme Court shall have full power and authority to make all rules, not in conflict with the Constitution or laws of this state, as may be necessary for carrying the Constitution into effect and regulat ing the court's proceedings thereunder. To these ends it may, by rules, provide and declare when the court shall sit, how its minutes shall be kept, and how the cases upon its dockets shall be apportioned; and it generally may make all regulations as to practice and procedure which experience may show to be convenient and expedient for the proper transaction of its business, with due regard to the rights of the parties and counsel concerned." Section 5. Said title is further amended by striking paragraph (3) of Code Section 15-2-43, relating to duties of the clerk, in its entirety and sub stituting in lieu thereof a new paragraph (3) to read as follows: "(3) To keep fair and regular minutes of the court's proceedings, a record of its judicial acts, a docket of its cases, and such other books as the court may require;". Section 6. Said title is further amended by striking in its entirety Code Section 15-5-20, which reads as follows: "15-5-20. (a) There is created the Judicial Council of the State of Georgia. The council shall be composed of 11 members, nine of whom shall be judges of courts of record of the state. The two remaining mem bers shall be the president of the State Bar and the immediate past presi dent of the State Bar. The initial nine judicial members of the council shall be appointed by the Governor, with three initial members being appointed for a term of four years, three initial members being appointed for a term of three years, and three initial members being appointed for a term of two years. Immediately prior to the expiration of a member's term of office as a member, the council shall elect a new member to succeed the member whose term is expiring. Following the terms of the initial members who took office on May 1, 1973, the term of office of each judicial member of the council shall be for a period of four years. Members of the council shall take office on May 1 following their elec tion by the council. No judicial member of the council shall be eligible to succeed himself for a consecutive term as a member. The president and immediate past president of the State Bar shall serve as members of the council only during their tenure as president or immediate past president of the State Bar. (b) In the event a vacancy occurs in the judicial membership of the council as a result of the death, resignation, retirement, removal, or fail ure of reelection as a judge of a court of record, the remaining members TUESDAY, MARCH 1, 1983 2169 of the council shall elect a qualified person to serve for the remainder of the unexpired term of the member whose seat is vacant. The person elected to fill the vacancy shall take office immediately upon his election. (c) The council shall meet at such times and places as it shall deter mine necessary or convenient to perform its duties. The council shall an nually elect a chairman and such other officers as it shall deem necessary and shall adopt such rules for the transaction of its business as it desires. The members of the council shall receive no compensation for their ser vices, but shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the council.", and inserting in lieu thereof a new Code Section 15-5-20 to read as follows: "15-5-20. (a) The Supreme Court shall create a judicial council of Georgia, which council shall have such powers, duties, and responsibili ties as may be provided by law or as may be provided by rule of the Supreme Court. (b) Members of the council and their terms shall be as provided by the Supreme Court. The members of the council shall receive no compen sation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the council." Section 7. 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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Deal Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hine Horton Howard Muggins Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr 2170 JOURNAL OF THE SENATE Stumbaugh Thompson Trulock Turner Tysinger Walker Those not voting were Senators: Allgood Barnes Coleman Garner Hill Holloway (excused conferee) Hudgins Kennedy (presiding) Littlefield Tate Timmons On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption: SR 132. By Senator Engram of the 34th: A resolution creating the Peace Officers' Annuity and Benefit Fund 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 Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons TUESDAY, MARCH 1, 1983 2171 Trulock Turner Tysinger Walker Those not voting were Senators: Dawkins Garner Hill Kennedy (presiding) Littlefield On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following general resolutions of the House, favorably reported by the commit tee, were read the third time and put upon their adoption: HR 69. By Representative Parham of the 105th: A resolution compensating John J. Gates, Ph.D., in the amount of $2,033.00. Senate Sponsor: Senator Starr of the 44th. The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to. The resolution, involving an appropriation, 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 Huggins Kidd Land Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons 2172 Trulock Turner JOURNAL OF THE SENATE Tysinger Walker Those not voting were Senators: Garner Hill Harrison Kennedy (presiding) On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 71. By Representative Triplett of the 128th: A resolution compensating Mary D. Reffner in the amount of $1,168.50. Senate Sponsor: Senator Starr of the 44th. The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to. The resolution, involving an appropriation, 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 Huggins 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 TUESDAY, MARCH 1, 1983 2173 Those not voting were Senators: Garner Hill Harrison Kennedy (presiding) On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 93. By Representative Ramsey of the 3rd: A resolution compensating Mr. Richard B. Carney in the amount of $1,701.06. Senate Sponsor: Senator Starr of the 44th. The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to. The resolution, involving an appropriation, 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 Huggins 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: Garner Hill Harrison Kennedy (presiding) On the adoption of the resolution, the yeas were 52, nays 0. 2174 JOURNAL OF THE SENATE The resolution, having received the requisite constitutional majority, was adopted. HR 105. By Representative Redding of the 50th: A resolution compensating Mr. Richard Walton in the amount of $5,560.00. Senate Sponsor: Senator Starr of the 44th. The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to. The resolution, involving an appropriation, 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 Huggins 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: Garner Hill Harrison Kennedy (presiding) On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The President resumed the Chair. TUESDAY, MARCH 1, 1983 2175 The following general bill of the House, having been read the third time and ta bled on February 28, and taken from the Table on March 1, was put upon its passage: 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. Senate Sponsor: Senator Barnes of the 33rd. Senator Barnes of the 33rd offered the following substitute to HB 505: A BILL TO BE ENTITLED AN ACT 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 inmates convicted of misdemeanor offenses and sentenced to confinement may be awarded good-time allowances based on institutional behavior; to provide for conversion from earned-time allowances to good-time allowances for certain county inmates; to delete those provisions relating to the awarding of earned-time allowances by the Board of Offender Rehabilitation for certain inmates; to provide that certain persons shall receive credit towards early release subject to certain conditions; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions of the state and counties, is amended by striking Code Section 42-4-7, relating to records of inmates, in its entirety and inserting in lieu thereof a new Code Section 42-4-7 to read as follows: "42-4-7. (a) The sheriff shall keep, in a well-bound book provided for that purpose, a record of all persons committed to the jail of the county of which he is sheriff. This record shall contain the name of the person committed, his age, sex, race, under what process he was commit ted and from what court the process issued, the crime with which he was charged, the date of his commitment to jail, the day of his discharge, under what order he was discharged, and the court from which the order issued. This book shall be subject to examination by any person at any time. The sheriff shall keep the book on file in his office. (b) (1) The sheriff, chief jailer, warden, or other officer designated by the county as custodian of inmates confined as county inmates as pro vided in subsection (a) of Code Section 17-10-3 shall award good-time allowances to such inmates based on institutional behavior. Good-time allowances shall not be awarded which exceed one-half of the period of confinement imposed. (2) Upon receipt of an inmate sentenced to confinement as a county inmate, the custodian of such inmate shall compute the maximum good- 2176 JOURNAL OF THE SENATE time allowance that such inmate may earn. The custodian may make appropriate deductions from such maximum earnable good-time allow ance based on the institutional behavior of such inmate while in custody as a county inmate. (3) An inmate sentenced to confinement as a county inmate shall be released at the expiration of his sentence less the time deducted for goodtime allowances. (c) Commencing January 1, 1984, subsection (b) of this Code sec tion, which provides for good-time allowances to be awarded to inmates sentenced to confinement as county inmates as provided in subsection (a) of Code Section 17-10-3, shall apply to all such inmates in confinement on December 31, 1983, and all inmates who commit crimes on or after January 1, 1984, and are subsequently convicted and sentenced to con finement as county inmates. Conversion of the computation of the sentences of county inmates in confinement on December 31, 1983, from earned-time governed sentences to good-time governed sentences shall be made by the sheriff or other custodian of such inmates." Section 2. Said title is further amended by striking Code Sections 42-5100 and 42-5-101, relating to the awarding of earned-time allowances to inmates, in their entirety, which read as follows: "42-5-100. (a) The board shall formulate and promulgate rules and regulations providing for earned-time allowances to be awarded to in mates based upon the performance of the inmates, provided that earnedtime allowances shall not be awarded to inmates sentenced to life impris onment. The rules and regulations shall not provide for earned-time al lowances exceeding one-half of the period of confinement imposed by the court. The rules and regulations shall differentiate between habitual of fenders and other offenders for the purposes of awarding earned time. As used in this Code section, the term 'habitual offender' means any felony offender sentenced to or serving in custody of the department a third or subsequent felony incarceration in the state penal system since January 1, 1970; provided, however, that the provisions of this Code section relat ing to habitual offenders shall only apply to those felony offenders whose third or subsequent felony offense was committed after April 10, 1980. Additional sentences imposed on an offender during service of another sentence will be considered as the same incarceration. (b) The wardens or superintendents of the various county or state correctional institutions within the state shall immediately notify the de partment, in writing, of any punishment imposed or other disciplinary action taken against any inmate under such warden's or superintendent's custody. The report shall be on forms prescribed and furnished by the department and shall show, among other things, the detail assignment and behavior record of the inmate. From the records so furnished, the commissioner or his assistants may suspend the inmate from receiving earned time for a specified period and may forfeit up to one-half the earned-time allowances where the disciplinary action involves a violation of correctional rules and regulations or forfeit all or any part of the earned-time allowances where the violation is a crime punishable by law. TUESDAY, MARCH 1, 1983 2177 (c) An inmate shall be released at the expiration of his term of sen tence less the time earned as earned-time allowances. (d) Persons convicted of misdemeanor offenses shall accrue earnedtime allowances equal to one-half of the total misdemeanor sentence. This same earned-time allowance shall apply to inmates confined as county inmates as provided in paragraph (1) of subsection (a) of Code Section 17-10-3. Computation of this earned-time allowance shall be made by the sheriff of the county or the chief jailer, warden, or other officer designated by the county as custodian of such inmates. 42-5-101. (a) Commencing September 1, 1978, Code Section 42-5100, which provides for earned-time allowances to be awarded to inmates based upon the performance of the inmate, shall apply to those persons sentenced to the state penal system prior to July 1, 1976, other than those sentenced to life imprisonment or death, such application being deemed beneficial to the sentenced person by shortening the projected period of incarceration. The commissioner shall make a conversion of the computation of the sentences of those persons sentenced to the state pe nal system prior to July 1, 1976, other than those sentenced to life im prisonment or death, by comparing the projected release date of each of such persons computed pursuant to Ga. L. 1956, p. 161, Section 24, prior to its amendment by Ga. L. 1976, p. 949, Section 1, which granted statu tory good time and extra good time allowances, giving appropriate credit or deductions for statutory good time, extra good time, and forfeitures of good time and extra good time unrestored as of September 1, 1978, with a projected release date for each such person computed from the date of sentencing pursuant to Code Section 42-5-100 and the rules and regula tions in force as of September 1, 1978, formulated and promulgated by the board by authority of Code Section 42-5-100, providing for earnedtime allowances to be awarded to inmates, with forfeitures of good time and extra good time unrestored as of September 1, 1978, being treated in accordance with the earned-time rules and regulations concerning for feited time. If the projected release date computed under the earned-time rules and regulations is earlier in time for a particular person sentenced prior to July 1, 1976, such projected earned-time release date shall be adopted by the commissioner as the projected release date for that per son. If the projected release date computed under the earned-time rules and regulations is later in time for a particular person sentenced prior to July 1, 1976, the commissioner shall grant the person sufficient addi tional earned-time allowances so as to make that person's projected earned-time release date the same as the projected release date computed under Ga. L. 1956, p. 161, Section 24, prior to its amendment by Ga. L. 1976, p. 949, Section 1, which granted statutory good time and extra good time, and such date shall be adopted by the commissioner as the projected earned-time release date for that person. The commissioner shall accomplish administrative processing of the conversion, as of Sep tember 1, 1978, of the computation of the sentences of persons sentenced prior to July 1, 1976, other than those sentenced to life imprisonment or death, from good-time and extra good-time governed sentences to earnedtime governed sentences in the following order: (1) If conversion will foreseeably produce an immediate benefit to 2178 JOURNAL OF THE SENATE the person within 90 days from September 1, 1978, by September 30, 1978; (2) If conversion will foreseeably produce an immediate benefit to the person more than 90 days but less than 180 days from September 1, 1978, by October 31, 1978; and (3) If conversion will foreseeably produce an immediate benefit to the person more than 180 days from September 1, 1978, by November 30, 1978. (b) Commencing September 1, 1978, Code Section 42-5-100, which provides for earned-time allowances to be awarded to inmates based upon the performance of the inmate, shall apply to persons convicted of misde meanor offenses who are confined in county facilities prior to July 1, 1976, under the jurisdiction of the county as provided in paragraph (1) of subsection (a) of Code Section 17-10-3. Conversion of the computation of the sentences of those persons from good-time and extra good-time governed sentences to earned-time governed sentences shall be made by the sheriff of the county, chief jailer, warden, or other officer designated by the county as custodian of the inmate in the same manner and pursu ant to the same schedule as the commissioner is directed to do for per sons sentenced to the state penal system prior to July 1, 1976, by subsec tion (a) of this Code section.", and inserting in lieu thereof the following: "42-5-100. The earned-time allowances, which could have been awarded by the Board of Offender Rehabilitation to inmates based upon the performance of the inmate, in effect on December 31, 1983, shall not apply to: (1) Those persons who commit crimes on or after January 1, 1984, and who are subsequently convicted and sentenced to the custody of the Board of Offender Rehabilitation; (2) Those persons who have committed a crime prior to January 1, 1984, but who have not been convicted and sentenced as of December 31, 1983, and who are subsequently sentenced to the custody of the Board of Offender Rehabilitation, including those whose sentences have been pro bated or suspended, on or after January 1, 1984; however, such persons shall receive the full benefit of the earned-time allowances, in effect on December 31, 1983, and shall receive a release or discharge date com puted as if they had been sentenced to the custody of the Board of Of fender Rehabilitation, prior to December 31, 1983; or (3) Those persons previously sentenced to the custody of the Board of Offender Rehabilitation, including those whose sentences have been probated or suspended, as of December 31, 1983; however, such persons shall receive the full benefit of the earned-time allowances in effect on December 31, 1983, and shall receive a release or discharge date the same as reflected in the records of such person on December 31, 1983, less any creditable earned time that such person could have earned as a result of forfeited earned time." TUESDAY, MARCH 1, 1983 2179 Section 3. 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 of 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 4. This Act shall become effective on January 1, 1984. Section 5. 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 Brannon Broun of 46th Coverdell Deal DEneganram Foster Gillis Greene Harrison Hine Holloway Horton Hward Hudgins KHeungngeindsy Kidd Land Littlefield McKenzie Perry Phillips Stumbaugh Thompson _. v ITr/uTlocT k Turner Tysinger Walker Those voting in the negative were Senators: Allgood Bond {|owen f 47th gryant Burton Cobb Coggin Coleman Dawkins ^lish Fincher Harris tester McGill Peevy Scott of 2nd Scott of 36th Scott of 43rd Starr Tate 2180 JOURNAL OF THE SENATE Not voting were Senators Garner and Hill. On the passage of the bill, the yeas were 32, nays 22. The bill, having received the requisite constitutional majority, was passed by substitute. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 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. Senator Deal of the 49th moved that the Senate insist upon the Senate substitute to HB 33. On the motion, the yeas were 38, nays 1; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 33. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: 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. Senate Sponsors: Senators Coverdell of the 40th and Coggin of the 35th. Senator Phillips of the 9th offered the following amendment: Amend HB 530 by adding on line 4 of Page 1 after the following: "exemption;", the following: TUESDAY, MARCH 1, 1983 2181 "to prohibit certain persons from filing, for a fee or consideration, applications for exemptions and provide penalties therefor;". By adding between lines 23 and 24 of Page 1 the following: "Section 2. Said Code Section is further amended by adding at the end thereof a new subsection (e) to read as follows: '(e) No person may file on behalf of another person and for a fee or other consideration an application or schedule for an exemption under this Code section. Any person who violates this subsection shall be guilty of a misdemeanor.'" By striking on line 24 of Page 1 the following: "Section 2", and inserting in its place the following: "Section 3". By striking on line 1 of Page 2 the following: "Section 3", and inserting in its place the following: "Section 4". On the adoption of the amendment, the yeas were 28, nays 3, and the amendment was adopted. Senator Coggin of the 35th offered the following substitute to HB 530: A BILL TO BE ENTITLED AN ACT 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 date for making tax returns; to change the date for filing application for home stead exemption; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of property, is amended by striking subsection (a) of Code Section 48-5-18, relating to the time for making tax returns, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: "(a) Except as otherwise provided in this Code section, each tax 2182 JOURNAL OF THE SENATE commissioner and tax receiver shall open his books for the return of taxes on January 1 and shall close his books on April 1 of each year." Section 2. Said chapter is further amended by striking subsection (a) of Code Section 48-5-45, relating to application for homestead exemptions, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) An applicant seeking a homestead exemption as provided in Code Section 48-5-44 shall file on or before April 1 and, in the case of an exemption from taxes levied by a consolidated city-county government, on or before April 1 of the year in which exemption from taxation is sought a written application and schedule with the tax receiver or tax commissioner charged with the duty of receiving returns of property for taxation. The failure to file properly the application and schedule shall constitute a waiver of the homestead exemption on the part of the appli cant failing to make the application for such exemption for that year." 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 Phillips of the 9th offered the following amendment: Amend the substitute to HB 530 offered by Senator Coggin of the 35th by adding on line 5 of Page 1 after the following: "exemption;", the following: "to prohibit certain persons from filing, for a fee or consideration, applications for exemptions and provide penalties therefor;". By adding between lines 9 and 10 of Page 2 the following: "Section 3. Said Code Section is further amended by adding at the end thereof a new subsection (e) to read as follows: '(e) No person may file on behalf of another person and for a fee or other consideration an application or schedule for an exemption under this Code section. Any person who violates this subsection shall be guilty of a misdemeanor.'" By striking on line 10 of Page 2 the following: "Section 3", and inserting in its place the following: "Section 4". By striking on line 13 of Page 2 the following: TUESDAY, MARCH 1, 1983 2183 "Section 4", and inserting in its place the following: "Section 5". On the adoption of the amendment, the yeas were 37, nays 2, 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, 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 Bond Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Littleneld McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh T1 sailtCp Thompson Timmons Trulock Turner Tysinger Walker Voting in the negative were Senators Allgood and Lester. Those not voting were Senators: Brannon Garner Hill Brantley On the passage of the bill, the yeas were SO, nays 2. 2184 JOURNAL OF THE SENATE The bill, having received the requisite constitutional majority, was passed by substitute. The following resolution of the Senate was read and put upon its adoption: SR 219. By Senators Kennedy of the 4th and Allgood of the 22nd: A resolution relative to adjournment by the General Assembly at 11:00 o'clock P.M. on March 1, 1983, and to reconvene at 9:30 o'clock A.M. on March 3, 1983. On the adoption of the resolution, the yeas were 42, 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 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. Senator Kidd of the 25th moved that the Senate insist upon the Senate substitute to HB 327. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 327. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House: 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 TUESDAY, MARCH 1, 1983 2185 pensions systems for employees and officials of the State of Georgia and its political subdivisions. The House has disagreed to the Senate amendment to the following bill of the House: 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. The House adheres to its insistence on its substitution and has appointed a Com mittee 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 Senate: 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 Speaker has appointed as a Committee of Conference on the part of the House the following members: Representatives Reaves of the 147th, Phillips of the 120th and Crawford of the 5th. The House recedes from its position in amending the following bill of the Senate: 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 U.S. government, the popula tion shall be the total population of the county minus the population of the county which resides on property of the U.S. government; to provide an ef fective date. 2186 JOURNAL OF THE SENATE The House insists on its position in substituting the following bill of the Senate: 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. The House has disagreed to the Senate amendments to the following bills of the House: 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. 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. The House has disagreed to the Senate substitute to the following bill of the House: 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. The House has adopted by the requisite constitutional majority the following reso lution of the House: HR 358. By Representatives Wood of the 9th, Galer of the 97th, Padgett of the 86th and others: A resolution commending the employers of the State of Georgia for their support of the National Guard and Reserve Forces. TUESDAY, MARCH 1, 1983 2187 The House has adopted by the requisite constitutional majority the following reso lution of the Senate: SR 219. By Senators Kennedy of the 4th and Allgood of the 22nd: A resolution relative to adjournment. The House insists on its position in disagreeing to the Senate amendments and has appointed Committees of Conference to confer with like committees on the part of the Senate on the following bills of the House: 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. The Speaker has appointed as a Committee of Conference on the part of the House the following members: Representatives Shepard of the 71st, Copelan of the 106th and Padgett of the 86th. 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. The Speaker has appointed as a Committee of Conference on the part of the House the following members: Representatives Birdsong of the 104th, Porter of the 119th and Walker of the 115th. The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House: HB 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 the general provisions relative to the General Assembly of Georgia, so as to provide for the oath of office of members of the General Assembly. 2188 JOURNAL OF THE SENATE The Speaker has appointed as a Committee of Conference on the part of the House the following members: Representatives Snow of the 1st, Groover of the 99th and Davis of the 45th. The House adheres to its insistence on its amendment and has appointed a Com mittee 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 Senate: 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; to re peal conflicting laws. The Speaker has appointed as a Committee of Conference on the part of the House the following members: Representatives Bostick of the 138th, Groover of the 99th and Moore of the 139th. The House insists on its position in substituting the following bills of the Senate: 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, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, so as to change the provisions relating to the compensation of the tax commis sioner and his chief clerk. 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, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, so as to change the provisions relating to the compensation of the chairman and other members of the board of education. 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; to repeal conflicting laws. TUESDAY, MARCH 1, 1983 2189 The House insists on its position in amending the following bill of the Senate: 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; to repeal conflicting laws. The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House: 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. The following communication from His Excellency, Governor Joe Frank Harris, was read by the Secretary: Office of the Governor Atlanta, Georgia 30334 March 1, 1983 Honorable Zell Miller Lieutenant Governor and President of the Senate and Members of the Senate Senate Chamber Atlanta, Georgia 30334 Dear Lieutenant Governor Miller and Members of the Senate: I submit to you, as provided by law, the following appointments for confirmation: Honorable William B. Mulherin, M.D., of Clarke County as a member of the Georgia Board of Athletic Trainers, for the term of office beginning August 6, 1982 and ending January 31, 1988. Honorable T. G. Rogers of Cobb County as a member of the Georgia State Board of Barbers, for the term of office beginning September 17, 1982 and ending December 29, 1984. The following named persons as members of the Georgia State Board of Barbers, for terms beginning September 17, 1982 and ending July 25, 1985: Melvin A. Clay of Floyd County; Donald A. Wade of Bacon County. Honorable Hewett M. (Mack) Alden, D.C., of DeKalb County as a 2190 JOURNAL OF THE SENATE member of the Georgia Board of Chiropractic Examiners, for the term of office beginning August 20, 1982 and ending August 20, 198S. Honorable Robert Ressmeyer of Muscogee County as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning September 17, 1982 and ending August 20, 1985. Honorable Judy Hanenkrat of Fulton County as a member of the State Construction Industry Licensing Board, for the term of office beginning June 2, 1982 and ending June 30, 1984. Honorable Helen Gnann Byars of DeKalb County as a member of the Board of Human Resources, for the term of office beginning July 14, 1982 and ending April 6, 1985. Honorable Joseph T. Christmas, M.D., of Dooly County as a member of the Council on Maternal and Infant Health, for the term of office begin ning August 25, 1982 and ending August 25, 1986. The following named persons as members of the Council on Maternal and Infant Health, for terms beginning July 15, 1982 and ending July 1, 1986: Joyce F. Dillon, R.N., Ph.D., of Cobb County; William P. Kanto, Jr., M.D., of DeKalb County; James Stuart Levi, M.D., of Muscogee County; Alva L. Mayes, Jr., M.D., of Bibb County. Honorable Raymond L. Wilkes of Bibb County as a member of the Board of Offender Rehabilitation, for the term of office beginning August 5, 1982 and ending January 25, 1983. Honorable Kirk L. Smick, O.D., of Clayton County as a member of the Georgia State Board of Examiners in Optometry, for the term of office be ginning July 13, 1982 and ending September 6, 1984. Honorable Duane Cochran, O.D., of Glynn County as a member of the Georgia State Board of Examiners in Optometry, for the term of office be ginning November 18, 1982 and ending September 6, 1983. The following named persons as members of the Georgia State Board of Examiners in Optometry, for terms beginning November 18, 1982 and ending September 6, 1985: William H. Shuman of Clarke County; T. Joel Byars, O.D., of DeKalb County. Honorable Anne Morgan Moore of Fulton County as a member of the Georgia State Board of Physical Therapy, for the term of office beginning June 2, 1982 and ending June 30, 1983. The following named persons as members of the Board of Examiners for Speech Pathology and Audiology, for terms beginning August 31, 1982 and ending June 24, 1985: Francie L. Ross of Fulton County; Peggy G. Von Almen of Clarke County. The following named persons as members of the Board of Trustees of the Teachers' Retirement System of Georgia, for terms beginning May 24, 1982 and serving at the pleasure of the Governor: Lithangia E. Robinson of Fulton County; Kyle D. Smith, Jr., of Gordon County. TUESDAY, MARCH 1, 1983 2191 Honorable J. C. Mullis of Clarke County as a member of the Board of Trustees of the Teachers' Retirement System of Georgia, for the term of office beginning May 24, 1982 and ending June 30, 1984. Honorable Fern B. Patterson of Hall County as a member of the Board of Trustees of the Teachers' Retirement System of Georgia, for the term of office beginning May 24, 1982 and ending June 30, 1983. Honorable Edward V. Deaton of Muscogee County as a member of the Board of Trustees of the Teachers' Retirement System of Georgia, for the term of office beginning May 24, 1982 and ending June 30, 1982. Honorable Edward V. Deaton of Muscogee County as a member of the Board of Trustees of the Teachers' Retirement System of Georgia, for the term of office beginning July 1, 1982 and ending June 30, 1985. Honorable R. B. Garrett, D.V.M., of Fulton County as a member of the Board of Veterinary Medicine, for the term of office beginning Septem ber 17, 1982 and ending September 16, 1987. Sincerely, /s/ Joe Frank Harris The following report of the Committee on Enrolling and Journals was read by the Secretary: Mr. President: The Committee on Enrolling and Journals has read and examined the following Senate bill and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor: SB 159. Respectfully submitted, /s/ Ed Barker, Chairman Senator, District 18 Senator Allgood of the 22nd moved that the Senate stand in recess until 11:00 o'clock P.M. today at which time the Senate would stand adjourned, pursuant to SR 219 adopted previously, until 9:30 o'clock A.M. on Thursday, March 3, and the motion prevailed. At 3:25 o'clock P.M., the President announced the Senate would stand in recess until 11:00 o'clock P.M. today at which time the Senate would stand adjourned, pursu ant to SR 219 adopted previously, until 9:30 o'clock A.M. on Thursday, March 3. 2192 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, March 3, 1983 Thirty-ninth Legislative Day The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President. Senator Barker of the 18th reported that the Journal of the proceedings of Tues day, March 1, had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has agreed to the Senate substitutes to the following bills of the House: 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 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 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 THURSDAY, MARCH 3, 1983 2193 in the United States Army upon concurrence by the Georgia Army National Guard. 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 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 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. 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. The House has agreed to the Senate amendments to the following bills of the House: 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 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. 2194 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 cosmetologist, so as to change the definition of the term "cosmetologist." 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. The House has agreed to the Senate amendment to the following resolution 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. The House has passed by the requisite constitutional majority the following bills of the Senate: 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 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 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 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 THURSDAY, MARCH 3, 1983 2195 office; to provide for the appointment of other court personnel; to provide for filling vacancies. 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 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 clarify the definition of the term "project"; to clarify the powers of the authority. 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. 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 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 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 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. 2196 JOURNAL OF THE SENATE 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. 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 House has passed, as amended, by the requisite constitutional majority the following bills of the Senate: 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 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 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. 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. THURSDAY, MARCH 3, 1983 2197 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. Tue House has passed, by substitute, by the requisite constitutional majority the following bills 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 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. 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. The House has adopted by the requisite constitutional majority the following reso lutions of the Senate: 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. 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. 2198 JOURNAL OF THE SENATE The following resolution of the Senate was introduced, read the first time and referred to committee. SR 203. By Senator Coggin of the 35th: A resolution creating the No-Fault Liability Insurance Study Committee. Referred to Committee on Insurance. 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 338. HB 360. HB 388. HB 480. HB 481. HB 483. HB 508. HB 534. HB 550. HB 569. HB 570. H,,,,B 6,TM09. uHnB *62TM9. HB 658. HB 662. HB 663. HB 665. HB 666. HB 687. Do pass. Do pass by substitute. Do pass. Do pass as amended. Do pass as amended. Do pass. Do pass. Do pass by substitute. Do pass. Do pass. Do pass by substitute. ~Do pass. TD-.o pass. Do pass as amended. Do pass. Do pass. Do pass. Do pass. Do pass. HB 689. HB 692. HB 693. HB 694. JJB ^95 HB 69? HB ? , 2 HB m Do pass. Do pass. Do pass. Do pass. DO pass Do pass D HB 784. HB 806. HB 813. HB 825. HB 834' HB 836HB 837 HB 838. HB 841. HB 843. Do pass. Do pass. Do pass. Do pvass. Do Pass' Do pass as amended. Do PassDo pass. Do pass. Do pass. Respectfully submitted, Senator Scott of the 43rd District, Chairman THURSDAY, MARCH 3, 1983 2199 Mr. President: The Committee on Federal, State and Community Affairs has had under consider ation the following bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 596. HB 690. HB 828. Do pass by substitute. Do pass. Do pass by substitute. HB 715. HR 292. HB 807. Do pass by substitute. Do pass by substitute. Do pass. Respectfully submitted, Senator Scott of the 43rd District, Chairman Mr. President: The Committee on Higher Education has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SR 156. Do pass. Respectfully submitted, Senator Fincher of the 54th District, Chairman Mr. President: The Committee on Insurance 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 93. 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 bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 68. Do pass by substitute. HB 393. Do pass by substitute. 2200 JOURNAL OF THE SENATE HB 236. 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 the House and has instructed me to report the same back to the Senate with the follow ing recommendation: HB 107. Do pass by substitute. Respectfully submitted, Senator Turner of the 8th 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 199. 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 reso lutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SR 162. Do pass. HR 67. Do pass. Respectfully submitted, Senator Holloway of the 12th District, Chairman THURSDAY, MARCH 3, 1983 2201 The following bills and resolutions of the Senate and House were read the second time: SR 156. By Senator Broun of the 46th: A resolution creating the University System Laboratory and Equipment Needs Study Committee. SR 162. By Senators Holloway of the 12th, Harris of the 27th, Peevy of the 48th and others: A resolution creating the Georgia Transportation Study Committee. 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 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 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 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. 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 2202 JOURNAL OF THE SENATE upon a court order for child support of a civil nature shall not be subject to requirements of departmental hearings. 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. 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 338. By Representatives Isakson, Aiken, Johnson 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 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 388. By Representatives Connell of the 87th, Padgett of the 86th, Barnes of the 90th and others: 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 74. 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. THURSDAY, MARCH 3, 1983 2203 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. 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. 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 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 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 569. By Representative Connell of the 87th: 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 65 . . ., which amendment exempts from City of Au gusta ad valorem taxes certain capital improvements of commercial and business establishments. 2204 JOURNAL OF THE SENATE 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 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 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 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 662. By Representatives Barnes of the 90th and Padgett of the 86th: 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 (Res. Act 94), duly ratified at the 1958 General Election and proclaimed by the Governor to be a part of the Constitution of 1945. HB 663. By Representatives Barnes of the 90th and Padgett of the 86th: A bill to amend Code Section 48-5-149 of the Official Code of Georgia An notated, relating to rate of interest and penalty on delinquent taxes in cer tain counties, so as to change certain population brackets and the census year upon which the brackets are based. HB 665. By Representatives Barnes of the 90th and Padgett of the 86th: 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 (Res. Act 605), duly ratified at the 1952 General Election and proclaimed by the Governor to be a part of the Constitution of 1945, and subsequently made a part of the Constitution of 1976, which amendment authorized a combined Board of Health for the City of Augusta and Rich mond County. THURSDAY, MARCH 3, 1983 2205 HB 666. By Representatives Barnes of the 90th and Padgett of the 86th: A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials; to provide for the payment of such compensation. HB 687. By Representative Darden of the 20th: A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to change the compensation of said judge. 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 692. By Representative Darden of the 20th: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk of the court; to change the compensa tion of the chief deputy clerk. HB 693. By Representative Darden of the 20th: A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change compensation of the clerk of the Probate Court of Cobb County. HB 694. By Representative Darden of the 20th: A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the provisions relating to the compensation of the clerk of the superior court and the dep uty clerk of the superior court. HB 695. By Representatives Darden and Thompson of the 20th: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit. HB 697. By Representative Darden of the 20th: A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge of the probate court. 2206 JOURNAL OF THE SENATE HB 690. By Representative Darden of the 20th: A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation provisions relating to the sheriff, the chief deputy sheriff, the deputy sheriffs, and the chief investigator. HB 712. By Representatives Thomas of the 69th and Johnson of the 70th: A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the judge and solicitor. HB 715. By Representatives Thomas of the 69th, Johnson of the 70th and Shepard of the 71st: A bill to amend an Act creating the office of commissioner of Carroll County, so as to change the compensation of the commissioner of Carroll County. HB 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. HB 784. By Representative Selman of the 32nd: A bill to amend an Act providing a new charter for the City of Palmetto, so as to annex into the city limits of the City of Palmetto that property gener ally located northeast of the present city limits and lying and being between Roosevelt Highway and the northern land lot line of Land Lot 124 to the east. HB 806. By Representatives Isakson, Atkins and Johnson of the 21st and others: A bill to amend an Act entitled "An Act to amend an Act creating the State Court of Cobb County (formerly the Civil and Criminal Court of Cobb County)", so as to create an office of magistrate. HB 807. By Representatives Pinkston of the 100th, Groover of the 99th and Home of the 103rd: A bill to authorize the creation of an intergovernmental relations study com mission by the governing authorities of Bibb County and the City of Macon. HB 813. By Representative Isakson of the 21st: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the county supplement for the district attorney. THURSDAY, MARCH 3, 1983 2207 HB 825. By Representatives Randall of the 101st, Lucas of the 102nd, Pinkston of the 100th and Groover of the 99th: A bill to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, so as to change the composition of the Educa tion Districts from which members of the board are elected. HB 828. By Representatives Randall of the 101st, Lucas of the 102nd, Groover of the 99th and Home of the 103rd: A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to sales of alcoholic beverages during certain hours in certain municipalities and counties, so as to provide that sales of alcoholic beverages by certain establishments may be authorized during certain hours in coun ties having a population of not less than 140,000 and not more than 150,300 and in municipalities in such counties. HB 834. By Representatives Jones of the 78th and Dunn of the 73rd: A bill to amend an Act creating a new charter for the City of Locust Grove, so as to change provisions relating to officers of the city dealing with the city. HB 836. By Representatives Hirsch of the 96th, Buck of the 95th, Galer of the 97th and others: A bill to amend an Act establishing the Municipal Court of Columbus, so as to provide for an increase in civil jurisdiction; to provide for the salaries of the judge, clerk, and marshal of said court. HB 837. By Representatives Colwell and Twiggs of the 4th: A bill to create the Bald Mountain Water and Sewer Authority. HB 838. By Representatives Lane of the lllth and Godbee of the 110th: A bill to amend an Act creating a new charter for the City of Statesboro, so as to change the maximum amount of fines which may be imposed by the court. HB 841. By Representative Ross of the 82nd: A bill to amend an Act amending, revising, consolidating, and superseding the Act incorporating the Town of Norwood, so as to change the term of the mayor and councilman of said town and provide for biennial elections therefor. HB 843. By Representative Darden of the 20th: A bill to amend an Act creating the board of commissioners of Cobb County, so as to authorize the board to delay until October 1, 1983, the 2208 JOURNAL OF THE SENATE effective date of any salary increase provided for by an Act of the 1983 General Assembly which is to be paid from county funds. HR 292. By Representatives Ginsberg of the 122nd and Hamilton of the 124th: A resolution creating the Chatham County Hospital Authority Study Commission. 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 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. The report 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 339. By Representatives Greer of the 39th and Adams of the 36th: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended so as to provide that the retail sales and use tax for the Authority shall be at the rate of one percent until June 30, 2012, and shall thereafter be reduced to one-half percent, and to provide for the use of the proceeds. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 449. By 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. THURSDAY, MARCH 3, 1983 2209 The report 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 652. By Representatives Porter of the 119th and Coleman of the 118th: A bill to amend an Act consolidating the office of tax receiver and tax col lector of Laurens County into the office of tax commissioner of Laurens County, so as to change the compensation of the tax commissioner. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 653. By Representatives Porter of the 119th and Coleman of the 118th: A bill to amend an Act placing the judge of the Probate Court of Laurens County on an annual salary in lieu of fees, so as to change the compensation of the judge of the probate court. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. 2210 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. The report 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. Senator Tysinger of the 41st moved that HB 729 be immediately transmitted to the House. On the motion, the yeas were 39, nays 0; the motion prevailed, and HB 729 was immediately transmitted to the House. 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. The report 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 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. THURSDAY, MARCH 3, 1983 2211 On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 758. By Representatives Sherrod of the 143rd and Long of the 142nd: A bill to amend an Act creating the Small Claims Court of Thomas County, so as to provide that the judge of the court shall be 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 762. By Representatives Sherrod of the 143rd and Long of the 142nd: A bill to amend an Act creating a board of commissioners of Thomas County, so as to provide for the election of members of the board and for the districts from which they shall be 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 763. By Representatives Sherrod of the 143rd and Long of the 142nd: A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation of probate judges, so as to change the amount of the court costs charged by the probate judges of all counties having a population of not less than 38,000 and not more than 38.200. The report of the committee, which was favorable to the passage of the bill, was agreed to. 2212 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 785. By Representatives Smith of the 152nd and Moody and Byrd of the 153rd: A bill to amend an Act providing a new charter for the City of Hoboken, Georgia, 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. HB 786. By Representative Smith of the 152nd: A bill to amend an Act creating a board of commissioners of Bacon County, so as to provide for commissioner districts; to provide for a 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 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 787. By Representative Smith of the 152nd: A bill to repeal specifically an Act providing for boards of commissioners in counties having a population of not less than 9,365 and not more than 9,385 according to the United States decennial census of 1980 or any future such census. The report 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 793. By Representative Adams of the 79th: A bill to further define, prescribe, and enlarge the powers of the ThomastonUpson County Office Building Authority. THURSDAY, MARCH 3, 1983 2213 The report 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 796. By Representative Murphy of the 18th: A bill to amend an Act placing the sheriff and the ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the probate judge of Haralson County (for merly ordinary of Haralson County). The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 800. By Representative Long of the 142nd: A bill to amend an Act incorporating the City of Cairo, so as to extend the corporate limits of said city. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 803. By Representative Porter of the 119th: A bill to amend an Act providing a new charter for the City of Dublin, so as to increase the maximum fine of the city court from $500.00 to $1000.00. The report of the committee, which was favorable to the passage of the bill, was agreed to. 2214 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 808. By Representative Copelan of the 106th: A bill to provide a new charter for the City of White Plains; to provide for corporate boundaries. The report 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 811. By Representatives Kilgore of the 42nd, Watts of the 41st and Johnson of the 70th: A bill to amend an Act creating the Douglas Judicial Circuit, so as to change the amount of the supplement paid to the superior court judges of the Douglas Judicial Circuit from funds of Douglas County. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 818. By Representatives Byrd and Moody of the 153rd: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis of compensation, so as to change the provisions relative to the compensation of the clerk of the superior court. The report of the committee, which was favorable to the passage of the bill, was agreed to. THURSDAY, MARCH 3, 1983 2215 On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 819. By Representatives Byrd and Moody of the 153rd: A bill to amend an Act establishing the State Court of Wayne County (for merly the City Court of Jesup in and for the County of Wayne), so as to change the compensation of the judge and the solicitor. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 820. By Representatives Waldrep of the 80th, Jones of the 78th and Dunn of the 73rd: A bill to provide for an investigator for the district attorney of the Flint Judicial Circuit; to provide for the compensation, powers, duties, term of office, and expenses of the investigator. The report 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 821. By Representative Balkcom of the 140th: A bill to amend an Act creating the Board of Commissioners of Early County, so as to provide that the members of the board of commissioners shall be elected for a term of four years. The report 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. 2216 JOURNAL OF THE SENATE HB 822. By Representative Balkcom of the 140th: A bill to amend an Act creating the State Court of Early County, so as to authorize the county governing authority to determine the compensation of the judge of the state court. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, they yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 823. By Representative Balkcom of the 140th: A bill to abolish the present mode of compensating the judge of the Probate Court of Early County, known as the fee system; to provide in lieu thereof an annual salary for said officer. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 824. By Representative Balkcom of the 140th: A bill to amend an Act creating and establishing the Small Claims Court of Early County, so as to abolish the present mode of compensating the judge of the Small Claims Court of Early County, known as the fee system. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 827. By Representatives Lane of the lllth and Godbee of the 110th: A bill to amend an Act creating the State Court of Screven County, so as to change the provisions relative to the compensation of the judge and solicitor of said court. THURSDAY, MARCH 3, 1983 2217 The report 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 829. By Representatives Lawler, Darden and Burruss of the 20th and others: A bill to amend an Act reincorporating the City of Austell, so as to change the corporate limits of said city. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to SB 234: A BILL TO BE ENTITLED AN ACT To amend an Act chartering the City of Augusta as the "City Council of Augusta," approved January 31, 1798 (Marbury's Digest, p. 136), as amended, so as to change the corporate limits of said city; 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 chartering the City of Augusta as the "City Coun cil of Augusta," approved January 31, 1798 (Marbury's Digest, p. 136), as amended, is amended by adding a new paragraph at the end of Section 1 to read as follows: "Notwithstanding any other provisions of the charter of the City of Augusta to the contrary, the corporate limits of said city shall correspond to and be conterminous with the boundaries of Richmond County with the exception of all that territory lying and being in the corporate limits of the City of Blythe and the City of Hephzibah." Section 2. This Act shall become effective only in the event an Act creating a commission-council of Richmond County and the City of Au gusta to exercise the rights, powers, and duties of the board of commission- 2218 JOURNAL OF THE SENATE ers of Richmond County and the mayor and council of the City of Augusta is enacted by the General Assembly of Georgia at its regular session in 1983 and approved in a referendum by the electors of Richmond County. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 50, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 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. The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 537: A BILL TO BE ENTITLED AN ACT To amend an Act creating a new board of commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3707), so as to change the composition of districts from which members are elected; to provide for the election of members from new commissioner districts; to provide for terms of office; to provide that a vacancy shall be created in the office of any member who no longer resides within the district from which he was elected; 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 Colum bia County, approved March 21, 1980 (Ga. L. 1980, p. 3707), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Sec tion 1 to read as follows: "Section 1. There is established in the County of Columbia a board of commissioners, which shall be the governing authority of said county and shall be composed of five members as hereinafter provided. For the purpose of electing members of the board, Columbia County is divided into five commissioner districts as follows: THURSDAY, MARCH 3, 1983 2219 Commissioner District No. 1 shall be composed of all that land within Columbia County, Georgia more particularly described as follows: BEGINNING at a point where Washington Road intersects Columbia Road; running thence in a northwesterly direction along the centerline of Washington Road to Reed Creek; running thence in an easterly direction down the thread of the stream of Reed Creek to the centerline of Fury's Ferry Road; running thence in a northwesterly direction along the cen terline of Fury's Ferry Road to Evans to Locks Road; running thence in an easterly direction along the centerline of Evans to Locks Road to the Savannah River; running thence in a northwesterly direction up the thread of the Savannah River to its confluence with Uchee Creek; run ning thence southerly up the thread of Uchee Creek to its confluence with Tudor Branch; running thence southerly up the thread of Tudor Branch to its confluence with Crawford Creek; running thence southeast erly up the thread of Crawford Creek to the centerline of Columbia Road; running thence in a easterly direction along the center line of Co lumbia Road to its intersection with Washington Road and the point of BEGINNING. Commissioner District No. 2 shall be composed of all that land within Columbia County, Georgia more particularly described as follows: BEGINNING at a point where Willowood Drive intersects the boundary line between Columbia County and Richmond County; running thence in a westerly direction along the centerline of Willowood Drive to its inter section with Maywood Drive; running thence in a northerly direction along the centerline of Maywood Drive to its intersection with Columbia Road; running thence in a easterly direction along the centerline of Co lumbia Road to its intersection with Washington Road; running thence in a northwesterly direction along the centerline of Washington Road to Reed Creek; running thence in a easterly direction down the thread of Reed Creek to Fury's Ferry Road; running thence in a northwesterly di rection along the centerline of Fury's Ferry Road to its intersection with Evans to Locks Road; running thence in a easterly direction along the centerline of Evans to Locks Road to the Savannah River; running thence in a southeasterly direction down the thread of the Savannah River to the point of its intersection with the Richmond County Line; running thence in a southwesterly direction along the boundary line of Columbia County and Richmond County to its intersection with Wil lowood Drive and the BEGINNING. Commissioner District No. 3 shall be composed of all that land within Columbia County, Georgia more particularly described as follows; BEGINNING at a point where Wrightsboro Road intersects the bound ary line between Columbia County and Richmond County, Georgia; run ning thence in a westerly direction along the centerline of Wrightsboro Road to its intersection with the city limits of Grovetown, Georgia; run ning thence in a northerly and westerly direction along the city limits of Grovetown, Georgia to its intersection with Lewiston Road; running thence in a northerly direction along the centerline of Lewiston Road to its intersection with Interstate Highway 20; running thence in a westerly direction along the centerline of Interstate Highway 20 to Uchee Creek; running thence in a southerly and westerly direction up the thread of 2220 JOURNAL OF THE SENATE Euchee Creek to its origin; running thence due west to Georgia State Highway 47; running thence in a northerly direction along the centerline of Georgia State Highway 47 to its intersection with Fairview Drive; run ning thence in a southwesterly direction along the centerline of Fairview Drive to its intersection with Sawdust Road; running thence in a south westerly direction along the centerline of Sawdust Road to its intersec tion with U.S. Highway 78; running thence in a westerly direction along the centerline of U.S. Highway 78 to the boundary line between Colum bia County and McDuffie County, Georgia; running thence in a southerly direction along the Columbia County and McDuffie County line to a point where it intersects with the Richmond County Line; running thence in a northeasterly direction along the Columbia County and Richmond County Line to a point where it intersects Wrightsboro Road and the point of BEGINNING. Commissioner District No. 4 shall be composed of all that land within Columbia County, Georgia more particularly described as follows: BEGINNING at a point where Wheeler Road intersects the boundary line between Columbia County and Richmond County; running thence in a westerly direction along the centerline of Wheeler Road to its intersec tion with Beverly Road; running thence in a northerly direction along the centerline of Beverly Road to its intersection with Avery Avenue; run ning thence in a westerly direction along the centerline of Avery Avenue to its intersection with County Road 388; running thence in a southerly and westerly direction along the centerline of County Road 388 to its intersection with Wheeler Road; running thence in a westerly direction along the centerline of Wheeler Road to its intersection with South Belair Road and Old Belair Road; running thence in a westerly and northerly direction along the centerline of Old Belair Road to its inter section with Columbia Road; running thence in a westerly direction along the centerline of Columbia Road to Euchee Creek; running thence in a northerly direction down the thread of Euchee Creek to its conflu ence with Tudor Branch; running thence in a southerly direction up the thread of Tudor Branch to its confluence with Crawford Creek; running thence in a southeasterly direction up the thread of Crawford Creek to its intersection with Columbia Road; running thence in a easterly direc tion along the centerline of Columbia Road to its intersection with Maywood Drive; running thence in a southerly direction along the cen terline of Maywood Drive to its intersection with Willowood Drive; run ning thence in a easterly direction along the centerline of Willowood Drive to its intersection with the Columbia County and Richmond County Line; running thence in a southwesterly direction along the Co lumbia County and Richmond County Line to its intersection with Wheeler Road and the BEGINNING. Commissioner District No. 5 shall be composed of all that land within Columbia County, Georgia more particularly described as follows: BEGINNING at a point where Wrightsboro Road intersects the bound ary line between Columbia County and Richmond County, Georgia; run ning thence in a westerly direction along the centerline of Wrightsboro Road to its intersection with the city limits of Grovetown, Georgia; run ning thence in a northerly and westerly direction along the city limits of THURSDAY, MARCH 3, 1983 2221 Grovetown, Georgia to its intersection with Lewiston Road; running thence in a northerly direction along the centerline of Beverly Road to its intersection with Avery Avenue; running thence in a westerly direction along the centerline of Avery Avenue to its intersection with County Road 388; running thence in a southerly and westerly direction along the centerline of County Road 388 to its intersection with Wheeler Road; running thence in a westerly direction along the centerline of Wheeler Road to its intersection with South Belair Road and Old Belair Road; running thence in a southerly and westerly direction up the thread of Uchee Creek to its origin; running thence due west to Georgia State Highway 47; running thence in a northerly direction along the centerline of Georgia State Highway 47 to its intersection with Fairview Drive; run ning thence in a southwesterly direction along the centerline of Fairview Drive to its intersection with Sawdust Road; running thence in a south westerly direction along the centerline of Sawdust Road to its intersec tion with U.S. Highway 78; running thence in a westerly direction along the centerline of U.S. Highway 78 to the boundary line between Colum bia County and McDuffie County; running thence in a northerly direc tion along the Columbia County and McDuffie County line to a point it intersects the boundary line between Columbia County and Lincoln County; running thence in generally easterly direction along the bound ary line between Columbia County and Lincoln County to a point where it intersects with the boundary line between the State of Georgia and State of South Carolina; running thence in a southeasterly direction along the boundary line between the State of Georgia and the State of South Carolina to the confluence of Uchee Creek; running thence in a southerly direction up the thread of Uchee Creek to Columbia Road; running thence in a easterly direction along the centerline of Columbia Road to its intersection with Old Belair Road; running thence in a south erly and easterly direction along the centerline of Old Belair Road to its intersection with South Belair Road and Wheeler Road; running thence in a easterly direction along the centerline of Wheeler Road to a point where it intersects with County Road 388; running thence in a northerly and easterly direction along the centerline of County Road 388 to its intersection with Avery Avenue; running thence in an easterly direction along the centerline of Avery Avenue to its intersection with Beverly Road; running thence in a southerly direction along the centerline of Beverly Road to its intersection with Wheeler Road; running thence in an easterly direction along the centerline of Wheeler Road to a point where it intersects at the Columbia County and Richmond County line; running thence in a southwesterly direction along the Columbia County and Richmond County line to it intersects with Wrightsboro Road and the point of BEGINNING." Section 2. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. (a) The present members of the board of commission ers of Columbia County shall continue to serve out the terms of office for which they were elected and until their successors are elected and quali fied as provided in this section. Members of the board of commissioners shall be deemed to represent the commissioner district provided for in Section 1, which number corresponds to the commissioner district for which they were elected. Beginning with the primary and general elec- 2222 JOURNAL OF THE SENATE tions held in 1984 and thereafter at which members of the board of com missioners are elected, members shall be elected from the commissioner districts provided for in Section 1. (b) At the general election of 1984, new members from Commis sioner Districts 3, 4, and 5 shall be elected. Members elected from Com missioner Districts 3, 4, and 5 shall take office on the first day of January following their election and shall serve for a term of four years. At the general election of 1986, new members from Commissioner Districts 1 and 2 shall be elected. Members elected from Commissioner Districts 1 and 2 shall take office on the first day of January following their election and shall serve for a term of four years. Thereafter, successors to the members of the board shall be elected in the general election in which their terms of office shall expire, shall take office on the first day of Janu ary following their election, and shall serve for a term of four years and until their successors are duly elected and qualified. In order to be elected as a member of the board from a commissioner district, a candi date shall be a bona fide resident of such district. One member of the board shall be from each district. Each member of the board shall be elected by the qualified voters of the entire county. (c) In all elections conducted pursuant to this Act, each candidate shall designate, at the time of qualifying, the district from which he of fers as a candidate. To be elected as a member of the board, a candidate must receive the highest number of votes cast for the seat he is seeking; and, at the same time, a candidate must receive a majority of the total votes cast for the election of a commissioner to that seat. In the event no candidate for a particular seat receives a majority of the votes for the seat he is seeking, a run-off election shall be conducted for that particu lar seat in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, as now or hereafter amended. (d) A vacancy shall be created in the office of any member of the board of commissioners who no longer resides within the district from which he was elected." Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 50, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. THURSDAY, MARCH 3, 1983 2223 On the passage of the bill, the yeas were SO, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. 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. The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 538: A BILL TO BE ENTITLED AN ACT To amend an Act providing for the election of members of the board of education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, so as to change the composition of education districts; to provide for the manner of electing members from new education districts; to provide for terms of office; to provide for an orderly transition of office; to provide for other matters relative to the foregoing; to provide for a referen dum; to provide for the submission of this Act to the attorney general of the United States; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the election of members of the board of education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: "Section 1. The board of education of Columbia County shall be composed of five members to be elected as hereinafter provided. For the purposes of electing members of the board of education of Columbia County, Columbia County is divided into five education districts as follows: Education District No. 1 shall be composed of all that land within Columbia County, Georgia more particularly described as follows: BE GINNING at a point where Washington Road intersects Columbia Road; running thence in a northwesterly direction along the centerline of Washington Road to Reed Creek; running thence in an easterly direction down the thread of the stream of Reed Creek to the centerline of Fury's Ferry Road; running thence in a northwesterly direction along the cen terline of Fury's Ferry Road to Evans to Locks Road; running thence in a easterly direction along the centerline of Evans to Locks Road to the Savannah River; running thence in a northwesterly direction up the thread of the Savannah River to its confluence with Uchee Creek; run ning thence southerly up the thread of Uchee Creek to its confluence 2224 JOURNAL OF THE SENATE with Tudor Branch; running thence southerly up the thread of Tudor Branch to its confluence with Crawford Creek; running thence southeast erly up the thread of Crawford Creek to the centerline of Columbia Road; running thence in a easterly direction along the centerline of Co lumbia Road to its intersection with Washington Road and the point of BEGINNING. Education District No. 2 shall be composed of all that land within Columbia County, Georgia more particularly described as follows: BE GINNING at a point where Willowood Drive intersects the boundary line between Columbia County and Richmond County; running thence in a westerly direction along the centerline of Willowood Drive to its inter section with Maywood Drive; running thence in a northerly direction along the centerline of Maywood Drive to its intersection with Columbia Road; running thence in a easterly direction along the centerline of Co lumbia Road to its intersection with Washington Road; running thence in a northwesterly direction along the centerline of Washington Road to Reed Creek; running thence in a easterly direction down the thread of Reed Creek to Fury's Ferry Road; running thence in a northwesterly di rection along the centerline of Fury's Ferry Road to its intersection with Evans to Locks Road; running thence in a easterly direction along the centerline of Evans to Locks Road to the Savannah River; running thence in a southeasterly direction down the thread of the Savannah River to the point of its intersection with the Richmond County Line; running thence in a southwesterly direction along the boundary line of Columbia County and Richmond County to its intersection with Wil lowood Drive and the BEGINNING. Education District No. 3 shall be composed of all that land within Columbia County, Georgia more particularly described as follows: BE GINNING at a point where Wrightsboro Road intersects the boundary line between Columbia County and Richmond County, Georgia; running thence in a westerly direction along the centerline of Wrightsboro Road to its intersection with the city limits of Grovetown, Georgia; running thence in a northerly and westerly direction along the city limits of Grovetown, Georgia to its intersection with Lewiston Road; running thence in a northerly direction along the centerline of Lewiston Road to its intersection with Interstate Highway 20; running thence in a westerly direction along the centerline of Interstate Highway 20 to Uchee Creek; running thence in a southerly and westerly direction up the thread of Euchee Creek to its origin; running thence due west to Georgia State Highway 47; running thence in a northerly direction along the centerline of Georgia State Highway 47 to its intersection with Fairview Drive; run ning thence in a southwesterly direction along the centerline of Fairview Drive to its intersection with Sawdust Road; running thence in a south westerly direction along the centerline of Sawdust Road to its intersec tion with U.S. Highway 78; running thence in a westerly direction along the centerline of U.S. Highway 78 to the boundary line between Colum bia County and McDuffie County, Georgia; running thence in a southerly direction along the Columbia County and McDuffie County line to a point where it intersects with the Richmond County Line; running thence in a northeasterly direction along the Columbia County and Richmond THURSDAY, MARCH 3, 1983 2225 County Line to a point where it intersects Wrightsboro Road and the point of BEGINNING. Education District No. 4 shall be composed of all that land within Columbia County, Georgia more particularly described as follows: BE GINNING at a point where Wheeler Road intersects with the boundary line between Columbia County and Richmond County; running thence in a westerly direction along the centerline of Wheeler Road to its intersec tion with Beverly Road; running thence in a northerly direction along the centerline of Beverly Road to its intersection with Avery Avenue; run ning thence in a westerly direction along the centerline of Avery Avenue to its intersection with County Road 388; running thence in a southerly and westerly direction along the centerline of County Road 388 to its intersection with Wheeler Road; running thence in a westerly direction along the centerline of Wheeler Road to its intersection with South Belair Road and Old Belair Road; running thence in a westerly and northerly direction along the centerline of Old Belair Road to its inter section with Columbia Road; running thence in a westerly direction along the centerline of Columbia Road to Euchee Creek; running thence in a northerly direction down the thread of Euchee Creek to its conflu ence with Tudor Branch; running thence in a southerly direction up the thread of Tudor Branch to its confluence with Crawford Creek; running thence in a southeasterly direction up the thread of Crawford Creek to its intersection with Columbia Road; running thence in a easterly direc tion along the centerline of Columbia Road to its intersection with Maywood Drive; running thence in a southerly direction along the cen terline of Maywood Drive to its intersection with Willowood Drive; run ning thence in a easterly direction along the centerline of Willowood Drive to its intersection with the Columbia County and Richmond County Line; running thence in a southwesterly direction along the Co lumbia County and Richmond County Line to its intersection with Wheeler Road and the BEGINNING. Education District No. 5 shall be composed of all that land within Columbia County, Georgia more particularly described as follows: BE GINNING at a point where Wrightsboro Road intersects the boundary line between Columbia County and Richmond County, Georgia; running thence in a westerly direction along the centerline of Wrightsboro Road to its intersection with the city limits of Grovetown, Georgia; running thence in a northerly and westerly direction along the city limits of Grovetown, Georgia to its intersection with Lewiston Road; running thence in a northerly direction along the centerline of Beverly Road to its intersection with Avery Avenue; running thence in a westerly direction along the centerline of Avery Avenue to its intersection with County Road 388; running thence in a southerly and westerly direction along the centerline of County Road 388 to its intersection with Wheeler Road; running thence in a westerly direction along the centerline of Wheeler Road to its intersection with South Belair Road and Old Belair Road; running thence in a southerly and westerly direction up the thread of Uchee Creek to its origin; running thence due west to Georgia State Highway 47; running thence in a northerly direction along the centerline of Georgia State Highway 47 to its intersection with Fairview Drive; run- 2226 JOURNAL OF THE SENATE ning thence in a southwesterly direction along the centerline of Fairview Drive to its intersection with Sawdust Road; running thence in a south westerly direction along the centerline of Sawdust Road to its intersec tion with U.S. Highway 78; running thence in a westerly direction along the centerline of U.S. Highway 78 to the boundary line between Colum bia County and McDuffie County; running thence in a northerly direc tion along the Columbia County and McDuffie County line to a point it intersects with the boundary line between Columbia County and Lincoln County; running thence in generally easterly direction along the bound ary line between Columbia County and Lincoln County to a point where it intersects with the boundary line between the State of Georgia and the State of South Carolina; running thence in a southeasterly direction along the boundary line between the State of Georgia and the State of South Carolina to the confluence of Uchee Creek; running thence in a southerly direction up the thread of Uchee Creek to Columbia Road; running thence in a easterly direction along the centerline of Columbia Road to its intersection with Old Belair Road; running thence in a south erly and easterly direction along the centerline of Old Belair Road to its intersection with South Belair Road and Wheeler Road; running thence in a easterly direction along the centerline of Wheeler Road to a point where it intersects at County Highway 388; running thence in a norther ly and easterly direction along the centerline of County Road 388 to its intersection with Avery Avenue; running thence in an easterly direction along the centerline of Avery Avenue to its intersection with Beverly Road; running thence in a southerly direction along the centerline of Beverly Road to its intersection with Wheeler Road; running thence in an easterly direction along the centerline of Wheeler Road to a point where it intersects at the Columbia County and Richmond County line; running thence in a southwesterly direction along the Columbia County and Richmond County line to it intersects with Wrightsboro Road and the point of BEGINNING." Section 2. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. (a) The present members of the board of education shall serve for the terms of office for which they were elected and until their successors are elected and qualified as provided in this section. (b)(l) Beginning with the primary and general elections held in 1984 at which new members of the board of education are elected and thereafter, members shall be elected from the education districts pro vided for in Section 1. (2) There shall be elected to the board one member from each of said districts. Candidates may not offer for election to the board from any district other than that district in which their legal residence lies. The electors of the entire county may cast their votes for candidates of fering for election to the board from all of the districts. No person shall be eligible to represent a district unless he has been a resident of the district from which he offers as a candidate for at least one year immedi ately preceding the date of the election. In the event a member moves his residence from the district he represents, his place on the board shall immediately become vacant. THURSDAY, MARCH 3, 1983 2227 (3) Candidates elected to the board at the general election in 1984 shall take office on the first day of January following their election. The two candidates elected to the board who receive the least number of votes shall serve a term of two years, the remaining three candidates elected to the board shall serve for a term of four years, and all shall serve until their successors are duly elected and qualified. Thereafter, successors to the initial members of the board shall be elected in the general election in which their terms of office shall expire, shall take office on the first day of January following their election, and shall serve for a term of four years and until their successors are duly elected and qualified. (4) In all elections conducted pursuant to this Act, each candidate shall designate, at the time of qualifying, the district from which he of fers as a candidate. To be elected as a member of the board, a candidate must receive the highest number of votes cast for the seat he is seeking; and, at the same time, a candidate must receive a majority of the total votes cast for the election of a member to that seat. In the event no candidate for a particular seat receives a majority of the votes for the seat he is seeking, a run-off election shall be conducted for that particu lar seat in accordance with the provisions of the Georgia Election Code, Chapter 2 of Title 21 of the O.C.G.A., as now or hereafter amended." Section 3. After the date of the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the election super intendent of Columbia County to issue the call for an election for the pur pose of submitting this Act to the electors of the Columbia County School District for approval or rejection. The election superintendent shall set the date of the election for the same day in 1984 at which the presidential pri mary is held and shall issue the call for the election at least 30 days but not more than 45 days prior to the date thereof. The election 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 Columbia County. The ballot shall have written or printed thereon the following: "[ ] YES Shall the Act changing the education districts for the board of education of Columbia County and providing for [ ] NO staggered terms of office 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 Columbia 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 4. The board of education of Columbia County is authorized and directed to instruct the attorney for the board to submit immediately a certified copy of this Act and other pertinent information to the attorney 2228 JOURNAL OF THE SENATE general of the United States for approval in accordance with Section 5 of the Voting Rights Act of 1965. Section 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 50, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Serving as doctor of the day while the General Assembly was in recess on March 2 was Dr. Brantley Burns of Atlanta, Georgia. Senator Howard of the 42nd filed the following statement with the Secretary of the Senate to be incorporated in the Journal: Mr. President: The State Senate Atlanta March 3, 1983 I wish to record, upon the minutes of the Senate, the fact that I oppose the position of the Senate in giving H.B. 707 a majority vote of 27-22. I voted "Aye" under a misapprehension and do oppose H.B. 707. /s/ Pierre Howard 42nd District The President called for the morning roll call and the following Senators answered to their names: Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Dawkins Deal Dean English Engram Fincher Foster Garner Greene "arr!s Hl_jajjr, nson Hine Hr-ton Ho ,vard Huggins THURSDAY, MARCH 3, 1983 2229 Kennedy Kidd Land Lester xM,cG.-,i.l,l, McKenzie Peevy Perry Scott of 2nd Scott of 43rd Starr Stumbaugh Tate _T,hompson Timmons Trulock Turner Walker Those not answering were Senators: Bond Coggin Coverdell Gillis Holloway (excused conferee) Hudgins Littlefield Phillips Scott of 36th Tysinger Senator Thompson of the 32nd introduced the chaplain of the day, Dr. Clark Hutcheson, pastor of Eastside Baptist Church, Atlanta, Georgia, who offered scripture reading and prayer. The following resolutions of the Senate and House were read and adopted: SR 216. By Senator Brannon of the 51st: A resolution expressing good wishes, good health, and heartfelt thanks to Honorable Lester G. Maddox; former Chief Executive and President of the Senate; recognizing the former First Lady, Virginia Maddox. SR 218. By Senators Foster of the 50th, Deal of the 49th, Peevy of the 48th and others: A resolution expressing appreciation for Jeff Henderson. SR 220. By Senator Brannon of the 51st: A resolution wishing a speedy recovery for Mr. Guy Sharpe. SR 221. By Senator Cobb of the 28th: A resolution commending Frank Asbell Thomas. SR 222. By Senator Cobb of the 28th: A resolution commending Mr. Malcolm Daniel (Dykes) Stephens. 2230 JOURNAL OF THE SENATE SR 223. By Senator Cobb of the 28th: A resolution commending Mr. Thomas A. Luckie. SR 224. By Senators Scott of the 2nd and Bond of the 39th: A resolution commending Michael Andre Donnella. HR 358. By Representatives Wood of the 9th, Galer of the 97th, Padgett of the 86th and others: A resolution commending the employers of the State of Georgia for their support of the National Guard and Reserve Forces. SENATE RULES CALENDAR Thursday, March 3, 1983 THIRTY-NINTH LEGISLATIVE DAY HB 387 HB 485 HB 121 HB 145 HB 374 HB 424 HB 581 HB 647 SR 143 HB 707 HB 458 HB 545 HB 625 HB 639 HB 440 Richmond County--limits on levying, collecting ad valorem taxes (B&F--23rd) Richmond County--elections in Augusta (Gov Op--23rd) Magistrate Court--provide in each county (SUBSTITUTE/ AMENDMENTS) (Judy--49th) State Court--provide for creation and uniformity (SUBSTITUTE) (Judy--49th) General Assembly--define "population bill" (Judy--52nd) Constitutional Executive Office--powers when executive office dis abled (SUBSTITUTE) (J&CL--26th) Judges Outside Own Court--exercise of judicial powers (Judy--49th) Speaker of the House--method for determining permanent disability (Rules--33rd) State Election Board--elect Mrs. Shirley Altman, Thomas County (Gov Op--10th) Laws Applicable to General Assembly--certain constitutional princi ples (AMENDMENT) (J&CL--25th) Inmate Punishment, Transfer--change provisions on using certain re straints (SUBSTITUTE) (Off R--30th) Fair Business Practices Act--provisions for hospital billing (Hum R--42nd) Distilled Spirits--provisions on special election for sale, distribution (C Aff--39th) Reports of Disciplinary Actions Against Doctors--conditions (Hum R--42nd) State and National Banks, Federal Savings, and Loans--revise taxa tion (SUBSTITUTE) (B&F--23rd) THURSDAY, MARCH 3, 1983 2231 HB 385 HB 375 HB 348 HB 448 HB 79 HB 605 HB 421 HB 10 HR 243 HB 80 HR 15 HB 282 SR 122 HR 30 HB 638 HR 222 HB 137 HR 246 HB 340 HR 260 HB 622 HB 247 HR 106 HB 568 HB 544 License to Carry Certain Firearms--requirements for search of records (Judy--35th) Trademark or Service Mark--increase renewal fee (Judy--22nd) Labor Practices--revise existing provisions of Fair Employment Prac tices Act (SUBSTITUTE/AMENDMENT) (Gov Op--39th) Administrative Services Department--administrative services to polit ical subdivisions certain circumstances (FS&CA-G--28th) Temporary Guardian for Minor--provisions for appointment (C&Y--15th) Personal Property Foreclosure--writ of possession to owner of rented property (Judy--20th) Board of Equalization--procedures for appeals of assessments (AMENDMENTS) (B&F--23rd) Terminally 111 Indigent, Elderly--program of care (Hum R--42nd) Foster Grandparents Day--designate last Friday in May (Gov Op--23rd) Emergency Medical Technicians--render certain services in hospitals (AMENDMENT) (Hum R--10th) Bartow County--conveyance of state owned property (Pub U--31st) Tax sales--amount payable for redemption (B&F--43rd) Joint County and Municipal Grant Study Committee--create (SUB STITUTE) (FS&CA-G--40th) Elective Official--office declared vacant when qualifying for other of fice (Gov Op--25th) Certain State Representative Districts--change composition (Gov Op--25th) Macon--conveyance of State-owned property to Bibb County Board of Commissioners (Pub U--27th) Juvenile Proceedings--disposition orders for restrictive custody (AMENDMENT) (J&CL--33rd) Pleasant Theodore McCutchen, Sr., Bridge--designate (Trns--12th) MARTA Board of Directors--compensation (AMENDMENT) (FS&CA-G--43rd) Infant Mortality Rate--relative to reducing (Hum R--39th) Nonpartisan Municipal Elections--qualification reopening upon death of candidate (AMENDMENT) (Gov Op--25th) Downtown Development Authority Law--change legislative purpose (SUBSTITUTE) (FS&CA-G--14th) Augusta--conveyance of state owned property (Pub U--22nd) Used Car Dealers--revise laws regulating (C Aff--35th) Hospitals--provide certain information regarding charges (Hum R--42nd) 2232 JOURNAL OF THE SENATE HB 548 HB 90 Inmate Information Confidentiality--investigation reports, etc. (Off R--30th) Grain Dealers--application for license (Ag--24th) Respectfully submitted, /s/ Dean of the 31st, Chairman Senate Rules Committee Pursuant to SB 159 (Act No. 12) which created the office of Sergeant at Arms for the Georgia State Senate, the President announced that nominations would be open for Sergeant at Arms. Senator Hine of the 52nd nominated Marvin W. "Cap" Hicks. There were no other nominations. Senator Allgood of the 22nd moved that the nominations be closed and that the Secretary be instructed to cast a unanimous vote for Marvin W. "Cap" Hicks. On the motion, the yeas were 38, nays 0, and the motion prevailed. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: 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. 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins THURSDAY, MARCH 3, 1983 2233 Deal Dean English Engram Garner GHiallrirsis Hine Holloway Horton Howard Hudgins Huggins Kennedy KiddJ Land MLecsGteirll Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh T. T'fhompson Timmons Trulock Turner Walker Those not voting were Senators: Bond Fincher Foster Greene Harrison Hill Littlefield McKenzie Tysinger On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coggin Coleman Coverdell Dawkins Deal Dean English Engram Foster Gillis Hill 2234 Hine Horton Howard Hudgins Huggins Kennedy Kidd Land JOURNAL OF THE SENATE 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: Bond Cobb Fincher Garner Greene Harris Harrison Holloway (excused conferee) Littlefield McKenzie Timmons Tysinger 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 was taken up for the purpose of considering the House substi tute thereto: 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. The House substitute to SB 225 was as follows: 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 provide for costs; to provide for other rights; to provide for applicability; to provide that there shall be no liability upon good faith compliance; to pro vide for construction; to provide sovereign immunity to hospital authorities under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 3, 1983 2235 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, the provider having custody and control of the patient's record shall furnish a com plete and current copy of that record, in accordance with the provisions of this Code section. (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. 31-31-3. (a) The party requesting the patient's records shall be re sponsible to the provider for the reasonable costs of copying and mailing the patient's record. Payment of such costs may be required by the pro vider prior to the records being furnished. This subsection shall not apply to records requested in order to make or complete an application for a disability benefits program. (b) The rights granted to a patient under this chapter are in addi tion to any other rights a patient may have relating to access to his records; however, nothing in this chapter shall be construed as granting to a patient any right of ownership in the records, as such records are owned by and are the property of the provider. 2236 JOURNAL OF THE SENATE 31-31-4. The provisions of this chapter shall not apply to psychiatric, psychological, 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. 31-31-6. Nothing in this chapter shall be construed as destroying or diminishing the privileged or confidential nature of any communication now or hereafter recognized by law." Section 1.1. Said article is further amended by adding following Code Section 31-7-95 a new Code section to read as follows: "31-7-95.1. Sovereign immunity shall be granted to a hospital au thority as to those actions for the recovery of damages for any claims against that hospital authority only if that hospital authority maintains for such claims liability insurance or self-insurance in an amount of at least $1,000.00 for each inpatient hospital bed of the hospital authority. Sovereign immunity granted to a hospital authority which maintains the insurance protection required by this Code section shall be waived only to the extent of that insurance protection. A hospital authority shall not have sovereign immunity as to any action ex contractu for the breach of any written contract now existing or hereafter entered into by the hospi tal authority." 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 Engram of the 34th moved that the Senate disagree to the House substi tute to SB 225. On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 225. 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 844. By Representative Phillips of the 93rd: A bill to provide for the Board of Education of Harris County; to provide for the election of certain members of the board; to provide for election districts. THURSDAY, MARCH 3, 1983 2237 HB 847. By Representative Mullinax of the 81st: A bill to amend an Act creating a Small Claims Court of Troup County, so as to change the salary of the judge. HB 848. By Representative Mullinax of the 81st: A bill to amend an Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County), so as to change the com pensation of the judge and solicitor. HB 849. By Representative Mullinax of the 81st: A bill to amend an Act providing compensation for specified officers in Troup County, so as to change the salary of the sheriff, clerk of the superior court, tax commissioner, and judge of the probate court. HB 850. By Representative Mullinax of the 81st: A bill to amend an Act to change the compensation of the coroner of Troup County, so as to change the salary of the coroner. HB 851. By Representatives Athon, Alford, and Mangum of the 57th: A bill to provide a homestead exemption from all ad valorem taxation by the City of Conyers for residents who are 62 years of age or over or who are totally disabled. HB 852. By Representatives Dobbs of the 74th and Lambert of the 66th: A bill to amend an Act relating to the board of education of Newton County, so as to change the composition of the districts from which mem bers of the board are elected. HB 853. By Representatives Dobbs of the 74th and Lambert of the 66th: A bill to amend an Act creating a board of commissioners of Newton County, so as to change the composition of the districts from which mem bers of the board are elected. 2238 JOURNAL OF THE SENATE HB 855. By Representatives Colwell and Twiggs of the 4th: A bill to amend an Act placing the judge of the Probate Court of Gilmer County on an annual salary, so as to change the provisions relating to the compensation of said officer. HB 856. By Representatives Colwell and Twiggs of the 4th: A bill to amend an Act creating a county commissioner of Gilmer County and an advisory board of Gilmer County, so as to change the provisions relative to the compensation of the commissioner. HB 857. By Representative Jackson of the 65th: A bill to amend an Act reincorporating the City of Loganville and creating a new charter for said city, so as to change the qualifications of the recorder. HB 858. By Representatives Byrd and Moody of the 153rd: A bill to amend an Act relating to the election of members of the board of education of Wayne County, so as to change the number of members of the board of education. HB 860. By Representatives Mueller of the 126th, Triplet! of the 128th, Ginsberg of the 122nd and others: A bill to amend Code Section 48-5-404 of the Official Code of Georgia An notated, relating to the collection of county school taxes by tax commission ers or tax collectors, so as to change a provision thereof relating to counties having a population of not less than 190,000 nor more than 300,000 accord ing to the United States decennial census of 1970 or any future such census, so that such provision shall apply to counties having a population of not less than 250,000 nor more than 350,000 according to the United States decen nial census of 1980 or any future such census. HB 861. By Representatives Mueller of the 126th, Johnson of the 123rd, Phillips of the 125th and others: A bill to provide that the tax commissioner of Chatham County shall remit all educational funds collected by said officer to the Board of Public Educa tion for the City of Savannah and the County of Chatham and shall not retain any portion thereof to reimburse the county for the cost of collecting school taxes. HB 862. By Representative Coleman of the 118th: A bill to provide for an appointee school superintendent of the board of education of Dodge County; to provide for vacancies; to provide for a referendum. THURSDAY, MARCH 3, 1983 2239 The House has passed by the requisite constitutional majority the following bills of the Senate: 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 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. 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 councilmen; to provide for a change in the elections. SB 295. By Senator Hine 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. 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 filing vacancies on the Board of Aldermen of the City of Savannah. The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate: 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 2240 JOURNAL OF THE SENATE 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. The following bills of the House were read the first time and referred to committee: HB 844. By Representative Phillips of the 93rd: A bill to provide for the Board of Education of Harris County; to provide for the election of certain members of the board; to provide for election districts. Referred to Committee on Federal, State and Community Affairs. HB 847. By Representative Mullinax of the 81st: A bill to amend an Act creating a Small Claims Court of Troup County, so as to change the salary of the judge. Referred to Committee on Federal, State and Community Affairs. HB 848. By Representative Mullinax of the 81st: A bill to amend an Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County), so as to change the com pensation of the judge and solicitor. Referred to Committee on Federal, State and Community Affairs. HB 849. By Representative Mullinax of the 81st: A bill to amend an Act providing compensation for specified officers in Troup County, so as to change the salary of the sheriff, clerk of the superior court, tax commissioner, and judge of the probate court. Referred to Committee on Federal, State and Community Affairs. HB 850. By Representative Mullinax of the 81st: A bill to amend an Act to change the compensation of the coroner of Troup County, so as to change the salary of the coroner. Referred to the Committee on Federal, State and Community Affairs. THURSDAY, MARCH 3, 1983 2241 HB 851. By Representatives Athon, Alford and Mangum of the 57th: A bill to provide a homestead exemption from all ad valorem taxation by the City of Conyers for residents who are 62 years of age or over or who are totally disabled. Referred to Committee on Federal, State and Community Affairs. HB 852. By Representatives Dobbs of the 74th and Lambert of the 66th: A bill to amend an Act relating to the board of education of Newton 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 853. By Representatives Dobbs of the 74th and Lambert of the 66th: A bill to amend an Act creating a board of commissioners of Newton 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 855. By Representatives Colwell and Twiggs of the 4th: A bill to amend an Act placing the judge of the Probate Court of Gilmer County on an annual salary, so as to change the provisions relating to the compensation of said officer. Referred to Committee on Federal, State and Community Affairs. HB 856. By Representatives Colwell and Twiggs of the 4th: A bill to amend an Act creating a county commissioner of Gilmer County and an advisory board of Gilmer County, so as to change the provisions relative to the compensation of the commissioner. Referred to Committee on Federal, State and Community Affairs. HB 857. By Representative Jackson of the 65th: A bill to amend an Act reincorporating the City of Loganville and creating a new charter for said city, so as to change the qualifications of the recorder. Referred to Committee on Federal, State and Community Affairs. HB 858. By Representatives Byrd and Moody of the 153rd: A bill to amend an Act relating to the election of members of the board of education of Wayne County, so as to change the number of members of the board of education. Referred to Committee on Federal, State and Community Affairs. 2242 JOURNAL OF THE SENATE HB 860. By Representatives Mueller of the 126th, Triplett of the 128th, Ginsberg of the 122nd and others: A bill to amend Code Section 48-5-404 of the Official Code of Georgia An notated, relating to the collection of county school taxes by tax commission ers or tax collectors, so as to change a provision thereof relating to counties having a population of not less than 190,000 nor more than 300,000 accord ing to the United States decennial census of 1970 or any future such census, so that such provision shall apply to counties having a population of not less than 250,000 nor more than 350,000 according to the United States decen nial census of 1980 or any future such census. Referred to Committee on Federal, State and Community Affairs. HB 861. By Representatives Mueller of the 126th, Johnson of the 123rd, Phillips of the 125th and others: A bill to provide that the tax commissioner of Chatham County shall remit all educational funds collected by said officer to the Board of Public Educa tion for the City of Savannah and the County of Chatham and shall not retain any portion thereof to reimburse the county for the cost of collecting school taxes. Referred to Committee on Federal, State and Community Affairs. HB 862. By Representative Coleman of the 118th: A bill to provide for an appointee school superintendent of the board of education of Dodge County; to provide for vacancies; to provide for a referendum. Referred to Committee on Federal, State and Community Affairs. The following general bill of the House, having been read the third time on Febru ary 24 and postponed until February 28, was put upon its passage: 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. Senate Sponsor: Senator Deal of the 49th. The Senate Committee on Judiciary offered the following substitute to HB 121: A BILL TO BE ENTITLED AN ACT To implement certain changes required by Article VI of the Constitu- THURSDAY, MARCH 3, 1983 2243 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; to abolish constables, justices of the peace, and justice courts; to amend the Official Code of Georgia Annotated, so as to delete references to justices of the peace and their court and to change other refer ences so that they refer to magistrates and magistrate courts; to repeal cer tain specific Code sections and chapters of the Official Code of Georgia An notated, relating to constables, justices of the peace, and justice courts and proceedings therein; to repeal Chapter 22 of Title 15 of the Official Code of Georgia Annotated, the "Courts of Limited Jurisdiction Compensation Act of 1982"; to provide for the compensation of officers who will become magis trates; to provide for the compensation of certain probate judges; to provide for all other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part I Section 1-1. It is the intent of this Act to implement certain changes required by Article VI of the Constitution of the State of Georgia. Section 2-1. Title 15 of the Official Code of Georgia Annotated, relat ing to courts, is amended by striking Chapter 10, relating to justice of the peace courts, and inserting in its place a new Chapter 10, relating to magis trate courts, to read as follows: "CHAPTER 10 ARTICLE 1 15-10-1. There shall be one magistrate court in each county of the state which shall be known as the Magistrate Court of_____County. 15-10-2. Each magistrate court and each magistrate thereof shall have jurisdiction and power over the following matters: (1) The hearing of applications for and the issuance of arrest and search warrants; (2) Issuance of warrants and related proceedings as provided in Ar ticle 4 of Chapter 6 of Title 17, relating to bonds for good behavior and bonds to keep the peace; (3) The holding of courts of inquiry; (4) The trial of charges of violations of county ordinances; (5) The trial of civil claims including garnishment and attachment in which exclusive jurisdiction is not vested in the superior court and the amount demanded or the value of the property claimed does not exceed $2,500.00; (6) The issuance of summons, trial of issues, and issuance of writs 2244 JOURNAL OF THE SENATE and judgments in dispossessory proceedings and distress warrant proceed ings as provided in Article 3 of Chapter 7 of Title 4; (7) The punishment of contempts by fine not exceeding $200.00 or by imprisonment not exceeding ten days or both; (8) The administration of any oath which is not required by law to be administered by some other officer; (9). The granting of bail in all cases where the granting of bail is not exclusively committed to some other court or officer; (10) The issuing of subpoenas to compel attendance of witnesses in the magistrate court; and (11) Such other matters as are committed to their jurisdiction by other general laws. 15-10-2.1. (a) Any magistrate court in existence on June 30, 1983, which on that date has, under the law creating the court, any jurisdiction over misdemeanor cases and over the enforcement of municipal ordi nances shall until July 1, 1985, continue to have the same jurisdiction over such matters as it had on June 30, 1983. (b) This Code section shall be repealed effective July 1, 1985; but any case in which a court assumed jurisdiction under this Code section prior to July 1, 1985, may be retained for disposition by that court after that date. 15-10-3. (a) All magistrates, constables, and clerks of magistrates court shall before entering on the duties of their offices subscribe before the judge of the probate court the oaths prescribed by Code Sections 453-1 and 45-3-13 and the following oath: 'I swear or affirm that I will duly and faithfully perform all the du ties required of me as (magistrate, constable, or clerk of magistrate court) of----------County.' (b) The probate judge shall make an entry of the oath on the min utes of the probate court and shall issue to the officer taking the oath a certificate which shall serve as the officer's commission except that mag istrates shall be commissioned by the Governor as provided in Code Sec tion 45-3-31. (c) In the case of a clerk of superior court serving as clerk of magis trate court or a sheriff or sheriffs deputy serving as constable, no oath, certificate, or commission shall be required except the oath and commis sion of the clerk of superior court as clerk of superior court or sheriff or deputy as such. 15-10-4. The magistrate court shall not have fixed terms. The chief magistrate shall provide for sessions of court to be held at such times and in such places, within or without the county seat, as are necessary or convenient. 15-10-5. The county governing authority shall provide suitable of- THURSDAY, MARCH 3, 1983 2245 fices and courtrooms for the use of the magistrate court and shall supply all fixtures, supplies, and equipment necessary for the proper functioning of the magistrate court. 15-10-6. The chief magistrate may with the approval of the chief judge of superior court adopt local rules for the court not inconsistent with law and the rules adopted by the Supreme Court. ARTICLE 2 15-10-20. (a) Each magistrate court shall have a chief magistrate and may have one or more other magistrates. Such magistrates shall be the judges of the magistrate court and shall be known as magistrates of the county. Unless otherwise provided by local law, the number of magis trates in each county shall be fixed from time to time by the chief judge of superior court, but no magistrate shall be removed from office during a term of office except for cause as provided by Code Sections 15-10-24 and 15-10-25. The number of magistrates authorized for the county shall be one magistrate until increased by the chief judge of superior court or by local law; but this subsection shall not operate to remove a magistrate from office during his term of office. (b) The term of office of any magistrate taking office prior to Janu ary 1, 1985, shall expire on December 31, 1984, except that this para graph shall not operate to shorten any term of office in violation of Arti cle VI, Section X, Paragraph II of the Constitution. The term of office of any magistrate taking office on or after January 1, 1985, shall be for four years beginning on the first day of an odd-numbered year, except that in selecting magistrates to fill newly created positions or if otherwise neces sary, a magistrate may be selected for a term of less than four years to expire on the last day of an even-numbered year. (c) (1) Unless otherwise provided by local law, all magistrates, other than the officers becoming magistrates pursuant to Code Section 15-10120, who are selected to take office prior to January 1, 1985, shall be selected as provided in this subsection. The chief judge of superior court shall appoint as chief magistrate either an officer becoming a magistrate pursuant to Code Section 15-10-120 or some other person meeting the qualifications specified in subsection (a) of Code Section 15-10-22. Any other magistrates, other than the officers becoming magistrates pursuant to Code Section 15-10-120, shall be appointed by the chief magistrate with the consent of the chief judge of superior court. (2) If the chief magistrate so selected is an officer becoming a mag istrate pursuant to Code Section 15-10-120, his term as chief magistrate shall expire on December 31, 1984, even if he is granted a longer term as magistrate by Article VI, Section X, Paragraph II of the Constitution; but his term as magistrate shall not be shortened in violation of said paragraph of the Constitution. In any case covered by this paragraph, the person whose term as chief magistrate expires December 31, 1984, but who is granted by the Constitution a longer term as magistrate shall be eligible to succeed himself for a four-year term as chief magistrate begin ning January 1, 1985, if he resigns his current term as magistrate prior to beginning such four-year term as chief magistrate. 2246 JOURNAL OF THE SENATE (d) Unless otherwise provided by local law, all magistrates taking office on or after January 1, 1985, shall be selected as provided in this subsection. The chief magistrate shall be elected at the November, 1984, general election by the voters of the county, in a partisan election in the same manner as county officers are elected, for a term beginning on the first day of January following his election. His successors shall likewise be elected quadrennially thereafter for terms beginning on the first day of January following their election. Magistrates other than the chief magistrate shall be appointed by the chief magistrate with the consent of the chief judge of superior court. The term of a magistrate so appointed shall run concurrently with the term of the chief magistrate by whom he was appointed. (e) Unless otherwise provided by local law, a vacancy in the office of chief magistrate shall be filled by an appointment by the chief judge of superior court for the remainder of the unexpired term; and a vacancy in the office of any other magistrate shall be filled by an appointment by the chief magistrate with the consent of the chief judge of superior court for the remainder of the unexpired term. If, however, a vacancy occurs which does not reduce the number of magistrates for the county below the number of magistrates authorized for the county, then such vacancy shall not be filled. (0 The General Assembly may by local law provide for the number of magistrates of a county, provide for a different method of selecting magistrates than that specified in subsections (c) and (d) of this Code section, and provide for a different method of filling vacancies than that specified in subsection (e) of this Code section. (g) The General Assembly may at any time provide by local law that the probate judge shall serve as chief magistrate and provide for compensation of the probate judge in his capacity as chief magistrate; and in such a case the chief magistrate shall not be separately elected but shall be the probate judge. In the absence of local law, the chief judge of superior court may, with the consent of the probate judge, pro vide that the probate judge shall serve as chief magistrate until January 1, 1985, and provide for his compensation in such capacity. Any compen sation paid under this subsection shall be paid from county funds. 15-10-21. The chief magistrate shall assign cases among the several magistrates of the county and shall decide any disputes between the mag istrates of the county. 15-10-22. (a) Each magistrate shall have been a resident of the county for one year next preceding the beginning of his term of office and shall as of such date be at least 21 years of age and shall possess a high school diploma or its equivalent. However, an officer becoming a magis trate pursuant to Code Section 15-10-120 shall be eligible to the office of magistrate without the necessity of meeting these qualifications. Addi tional qualifications for the office of chief magistrate or magistrate or both may be imposed by local law. (b) A magistrate who is an attorney may practice in other courts THURSDAY, MARCH 3, 1983 2247 but may not practice in his own court or appear in any matter as to which his court has exercised any jurisdiction. 15-10-23. (a) Unless otherwise provided by local law, the chief mag istrate of each county other than those counties where the probate judge serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule: Population Minimum Salary 0-- 5,999 .................................... $5,925.00 6,000-- 11,999 ..................................... 8,825.00 12,000-- 19,999.................................... 10,065.00 20,000-- 29,999 .................................... 11,250.00 30,000-- 39,999.................................... 13,365.00 40,000-- 49,999.................................... 14,580.00 50,000-- 99,999 .................................... 15,480.00 100,000-- 199,999 .................................... 20,210.00 200,000-- or more .................................... 26,550.00 The minimum salary for each affected magistrate shall be fixed from the above table according to the population of the county in which he serves as determined by the United States decennial census of 1980 or any fu ture such census. The county governing authority may supplement the minimum annual salary of the chief magistrate in such amount as it may fix from time to time; but no chief magistrate's compensation or supple ment shall be decreased during any term of office. (b) Unless otherwise provided by local law, each magistrate other than the chief magistrate shall receive a minimum monthly salary of $50.00 per month. The annual salary of each magistrate other than the chief magistrate may be supplemented by the county governing authority in such amount as it may fix from time to time; but no such magistrate's compensation or supplement shall be decreased during any term of office. (c) Magistrates shall be compensated solely on a salary basis and not in whole or in part from fees; and the salaries and supplements of all magistrates shall be paid in equal monthly installments from county funds. (d) The General Assembly may by local law fix the compensation of any or all of a county's magistrates. 15-10-24. Magistrates shall be subject to discipline, removal, and in voluntary retirement by the Judicial Qualifications Commission. 15-10-25. (a) All magistrates shall periodically satisfactorily com plete a training course as provided in Article 8 of this chapter. A magis trate who is an active member of the State Bar of Georgia shall be ex empt from said training requirements. (b) The Georgia Magistrate Courts Training Council shall keep records of training completed by magistrates. (c) If any magistrate does not satisfactorily complete the required 2248 JOURNAL OF THE SENATE training in any year, the Georgia Magistrate Courts Training Council shall promptly notify the Judicial Qualifications Commission which shall remove the magistrate from office unless the Judicial Qualifications Com mission finds that the failure was caused by facts beyond the control of the magistrate. (d) The reasonable costs and expenses of such training shall be paid by the county governing authority from county funds. 15-10-26. In any case in which action is authorized under this chap ter to be taken by local Act or local ordinance, no local ordinance shall be enacted which is inconsistent with a local Act. ARTICLE 3 15-10-40. This article shall govern civil proceedings in the magis trate court. 15-10-41. (a) There shall be no jury trials in the magistrate court. (b) Appeals may be had from judgments returned in the magistrate court to the superior court of the county and the same provisions now provided for by general law for appeals contained in Code Section 5-3-29 shall be applicable to appeals from the magistrate court, the same to be a de novo appeal. 15-10-42. Proceedings in the magistrate court shall not be subject to Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' 15-10-43. (a) Actions shall be commenced by the filing of a state ment of claim, including the last known address of the defendant, in con cise form and free from technicalities. The plaintiff or his agent shall sign and verify the statement of claim by oath or affirmation. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action. (b) A copy of the verified statement of claim together with a notice of hearing shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made within the county as provided in this Code section. Service outside the county shall be by second original as provided in Code Section 9-10-72. Said service shall be made by any official or per son authorized by law to serve process in the superior court, by a consta ble, or by any person sui juris who is not a party to, or otherwise inter ested in, the action, who is specially appointed by the judge of said court for that purpose. When the claim and notice are served by a private indi vidual, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant. (c) Upon the failure of the defendant to appear, the plaintiff shall be entitled to judgment by default, without further proof, when the claim of the plaintiff is for a liquidated amount. Upon the failure of the defendant to appear, the plaintiff may proceed to prove his damages and receive judgment if the claim is for an unliquidated amount. THURSDAY, MARCH 3, 1983 2249 (d) Said notice shall include the date, hour, and location of the hear ing, which date shall not be less than ten nor more than 30 days from the date of the service of said notice. 15-10-44. (a) The trial shall be conducted on the day set for the hearing, or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall counsel the parties to make an ear nest effort to settle the controversy by conciliation. If the parties fail to settle their differences without a trial, the judge shall proceed with the hearing on its merits. (b) The judge shall conduct the trial in such manner as to do sub stantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice, and proce dure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the action may be dismissed for want of prosecution, the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. 15-10-45. (a) If any defendant has a claim against the plaintiff aris ing out of the transaction or occurrence that is the subject matter of the plaintiffs claim and does not require for its adjudication the presence of third parties over whom the court cannot obtain jurisdiction, such claim must be asserted by the defendant at or before the hearing on plaintiffs claim or thereafter be barred. (b) If any defendant has a claim against the plaintiff other than a compulsory counterclaim described in subsection (a) of this Code section, such claim may be asserted by the defendant at or before the hearing on the plaintiffs claim. (c) If any defendant asserts a claim against the plaintiff, the defen dant shall file with the court a statement of the claim in concise form and free from technicalities. The defendant shall sign and verify the state ment of claim by oath or affirmation. At the request of a defendant, the judge or clerk may prepare the statement. (d) If the amount of a counterclaim exceeds the jurisdictional limits of the magistrate court, the case shall be transferred to the state court of the county or to the superior court of the county if there is no state court. (e) A counterclaim may in the discretion of the magistrate be tried either separately or jointly with the plaintiffs claim. 15-10-46. (a) When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms as seem just under the circumstances and as will assure a 2250 JOURNAL OF THE SENATE definite and steady reduction of the judgment until it is fully and com pletely satisfied. (b) The judge of the magistrate court shall not be obligated to col lect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for cleri cal and accounting costs incurred thereby, not to exceed 10 percent of each payment. 15-10-47. A judgment of the magistrate court shall constitute a lien on both the real and personal property of a defendant, regardless of where such property is situated within the state. Said lien shall become perfected at the time an execution based upon such judgment is filed in the office of the clerk of the superior court for the appropriate county and the entry thereof is made by the clerk in the general execution docket for said county. 15-10-48. The statement of claim, verification, and notice shall be in substantially the following form: Magistrate Court of_____County State of Georgia Plaintiff Address vs. Defendant Statement of Claim (Here the plaintiff or, at his request, the court will insert a state ment of the plaintiff's claim and, if the action is on a contract, either express or implied, the original statement of the plaintiffs claim which is to be filed with the court may be verified by the plaintiff or his agent as follows:) STATE OF GEORGIA COUNTY OF_____ _________, being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just grounds of defense. Plaintiff or agent THURSDAY, MARCH 3, 1983 2251 Sworn and subscribed before me this ____ day of ___, 19 _ Notary Public or attesting official Notice TO:________________ Defendant Home Address or Business Address You are hereby notified that_______has made a claim and is requesting judgment against you in the sum of _______ dollars ($----------), as shown by the foregoing statement. The court will hold a hearing upon this claim on _______ at _____.M. at (address of court). You are required to be present at the hearing in order to avoid a judgment by default against you. If you have witnesses, books, receipts, or other writings bearing on this claim, you should bring them with you at the time of hearing. If you wish to have witnesses summoned, see the court at once for assistance. If you have any claim against the plaintiff, you should notify the court at once. If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court. You may come with or without an attorney. Magistrate of ____County 15-10-49. (a) Procedure in attachment cases shall be subject to Chapter 3 of Title 18. (b) Procedure in garnishment cases shall be subject to Chapter 4 of Title 18. (c) Procedure in dispossessory proceedings and in distress warrant proceedings shall be subject to Chapter 7 of Title 44. 2252 JOURNAL OF THE SENATE ARTICLE 4 15-10-60. This article governs trials of violations of county ordi nances which violations may be punished by incarceration or monetary penalty. Nothing in this chapter shall grant to any county more authority to enact or enforce such ordinances than the county has independently of this chapter. The punishment imposed for any ordinance violation shall not exceed a fine of $500.00 or 60 days' imprisonment or both and shall not exceed the maximum punishment specified by the ordinance. 15-10-61. There shall be no jury trials in the magistrate court. Any defendant who is charged with one or more ordinance violations may, at any time before trial, demand that the case be removed for a jury trial to the state court of the county or to the superior court of the county if there is no state court. Such a demand shall be written. Upon such a demand the court shall grant the demand. Failure to so demand removal of the case shall constitute a waiver of any right to trial by jury which the defendant may otherwise have. 15-10-62. (a) Prosecutions for violations of county ordinances shall be upon citation as provided in Code Section 15-10-63 or upon accusa tion by the county attorney or such other attorney as the county gov erning authority may designate; and such attorney shall be the prosecut ing attorney in cases tried upon accusation. (b) Accusations of violations of county ordinances and citations shall be personally served upon the person accused. Each accusation shall state the time and place at which the accused is to appear for trial. The ac cused shall not be arrested prior to the time of trial; but any defendant who fails to appear for trial shall thereafter be arrested on the warrant of the magistrate and required to post a bond for his future appearance. 15-10-63. (a) The governing authority of any county may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations. (b) Each citation shall state the time and place at which the accused is to appear for trial, shall identify the offense with which the accused is charged, shall have an identifying number by which it shall be filed with the court, shall indicate the identity of the accused and the date of ser vice, and shall be signed by the county agent who completes and serves it. (c) Prosecutions for violations of county ordinances shall be com menced by the completion, signing, and service of a citation by any agent of the county who is authorized by the county governing authority to issue citations. The original of the citation shall be personally served upon the accused; and a copy shall promptly be filed with the court. (d) No person shall be arrested prior to the time of trial; but any defendant who fails to appear for trial shall be arrested thereafter on the warrant of the magistrate and required to post a bond for his future appearance. THURSDAY, MARCH 3, 1983 2253 15-10-64. (a) Execution may issue immediately upon any fine im posed by the court and not immediately paid. (b) The sheriff of the county shall receive and house all persons sen tenced to confinement for contempt or violation of county ordinances. 15-10-65. Review of convictions shall be by certiorari to the superior court. 15-10-66. The county attorney or another attorney designated by the county governing authority may act as prosecuting attorney. ARTICLE 5 15-10-80. (a) Upon filing any civil action the plaintiff shall pay a filing deposit as established by local court rule not to exceed $20.00 which shall cover all costs of the action except service of process. (b) Upon filing any civil action the plaintiff shall pay the actual cost of serving each party required to be served but not more than the amount of the fee charged by sheriffs for serving process for each party to be served. (c) For issuing a writ of fieri facias the fee charged shall be $2.00 which shall be paid by the person requesting the same. (d) As between the parties, costs shall be taxed against the losing party. 15-10-81. In cases of conviction of violation of county ordinances, costs of $30.00 shall be taxed against the defendant. 15-10-82. For hearing an application for an arrest or search warrant the fee charged shall be $5.00 but this fee may be waived by the issuing magistrate if he finds that because of the financial circumstances of the party applying for the warrant or for other reasons this fee should not be charged in justice. 15-10-83. For levying on executions and conducting judicial sales constables shall collect the same fees as are charged by sheriffs. 15-10-84. For administering any oath other than in connection with a matter before the court, a magistrate shall collect a fee of $1.00. 15-10-85. All fees, costs, and other funds collected by officers of the magistrate court shall be accounted for and paid into the county treasury not less often than once a month. 15-10-86. Law library fees shall not be charged unless otherwise provided by local law. 15-10-87. When any case is transferred from the magistrate court to the state court or superior court, the magistrate court shall transmit to the state court clerk or superior court clerk the filing fee paid to the magistrate court. The state court clerk or superior court clerk shall file the case without further deposit against costs or filing fee, but as between 2254 JOURNAL OF THE SENATE the parties the costs shall be as in other cases in the state court or supe rior court. ARTICLE 6 15-10-100. (a) Unless otherwise provided by local law, the county governing authority may provide for the appointment of constables by the chief magistrate. Constables so appointed shall serve at the pleasure of the chief magistrate. The compensation of constables so appointed shall be fixed by the county governing authority. (b) If no provision is made for the appointment of constables the sheriff and his deputies shall perform the duties of constables. (c) The General Assembly may by local law provide for the appoint ment of constables and their salaries. (d) All constables shall be compensated solely on a salary basis and not in whole or in part from fees; and their salaries shall be paid in equal monthly installments from county funds. (e) If there is more than one constable, one shall be appointed as chief constable and shall supervise the other constables. 15-10-101. The eligibility for constable is the same as for magistrate. 15-10-102. The powers and duties of constables include the following: (1) To attend regularly all sessions of magistrate court; (2) To promptly pay over money collected by them to the magistrate court; (3) To execute and return all warrants, summons, executions, and other processes directed to them by the magistrate court; and (4) To perform such other duties as are required of them by law or as necessarily appertain to their offices. 15-10-103. Constables shall exercise the power of arrest only with a warrant or at the direction of and in the presence of a magistrate or the judge of another court. 15-10-104. Constables shall not be subject to Chapter 8 of Title 35 relating to employment and training of peace officers. 15-10-105. (a) Unless otherwise provided by local law, the clerk of superior court shall serve as clerk of the magistrate court. (b) If the clerk of superior court does not serve as clerk of the mag istrate court, a local law shall provide for the appointment by the chief magistrate of a clerk of magistrate court and personnel to assist the clerk. A clerk and other personnel so appointed shall serve at the pleas ure of the chief magistrate. The compensation of the clerk and other per- THURSDAY, MARCH 3, 1983 2255 sonnel so appointed shall be fixed by the county governing authority and paid from county funds. (c) The eligibility for clerk is the same as for magistrate. (d) If there is no clerk of magistrate court, any magistrate may act as clerk; and in any case any magistrate may perform any duty to be performed by the clerk. 15-10-106. If necessary, the county governing authority may provide for the appointment by the chief magistrate of secretaries and other per sonnel to assist the magistrates. Personnel so appointed shall serve at the pleasure of the chief magistrate. The compensation of such personnel shall be fixed by the county governing authority and paid from county funds. ARTICLE 7 15-10-120. (a) Except as otherwise provided in subsection (b) of this Code section, on July 1, 1983, each of the following officers shall become a magistrate of the county in which he formerly exercised jurisdiction: (1) Each justice of the peace in office on June 30, 1983; (2) Each notary public ex officio justice of the peace in office on June 30, 1983; (3) Each judge of a small claims court in office on June 30, 1983; (4) Each magistrate or judge of a magistrate court in office on June 30, 1983; and (5) Each judge of the County Court of Echols County. (b) Any officer who was required to be certified under former Arti cle 5 of this chapter, 'The Georgia Justice Courts Training Council Act,' and who was not so certified as of June 30, 1983, or any officer holding over beyond the expiration of the term for which he was selected shall not so become a magistrate on July 1, 1983. (c) Each magistrate taking office on July 1, 1983, shall continue in office for a term which shall expire on the date of expiration of the term which he was serving in such other capacity. Such magistrates may thereafter be reappointed or reelected as provided in Article 2 of this chapter. However, at the expiration of the term of any magistrate other than the chief magistrate, no magistrate shall be selected to replace him unless the number of magistrates remaining in office is less than the number fixed by local law or by the chief judge of superior court under Code Section 15-10-20. 15-10-121. On July 1, 1983, any matter pending in a court referred to in Code Section 15-10-120 shall by operation of law be transferred to the magistrate court of the same county. Such pending matters shall be decided by the magistrate court of the county even if the magistrate court would not otherwise have jurisdiction over the case. 2256 JOURNAL OF THE SENATE 15-10-122. This chapter, the Act enacting this chapter, and future Acts amending this chapter shall not be construed as laws affecting mu nicipal courts, county recorder's courts, or the civil courts of Richmond and Bibb counties. 15-10-123. Unless otherwise apparent from the context, references in local laws to justices of the peace and their courts shall be deemed on and after July 1, 1983, to refer to magistrates and magistrate courts. ARTICLE 8 15-10-130. This article shall be known and may be cited as The Georgia Magistrate Courts Training Council Act.' 15-10-131. As used in this article, the term: (1) 'Certified magistrate' means a magistrate judge who has the ap propriate required certificate of training issued by the council and on file with the council. (2) 'Council' means the Georgia Magistrate Courts Training Council. (3) 'Magistrate' includes any magistrate other than a magistrate who is an active member of the State Bar of Georgia. (4) 'School' means any school, college, university, academy, or train ing program approved by the council and the Judicial Council of Georgia and which offers basic, in-service, advanced, specialized, or continuing judicial training or a combination thereof, and includes within its mean ing a combination of course curriculum, instructors, and facilities which meet the standards required by the council. 15-10-132. (a) There is established a council which shall be known and designated as the 'Georgia Magistrate Courts Training Council' and which shall be composed of the director of the Administrative Office of the Courts or his designee, which member shall not be a voting member, and five magistrate judges, either elected or appointed, who shall be ap pointed by the Governor for terms of two years. (b) Membership on the council does not constitute public office and no member shall be disqualified from holding office by reason of his membership. (c) Members of the Georgia Justice Courts Training Council serving as of July 1, 1983, shall continue on and automatically become members of the Georgia Magistrate Courts Training Council with the same term and office as held on June 30, 1983. 15-10-133. Immediately and before entering upon the duties of of fice, the members of the Georgia Magistrate Courts Training Council shall take the oath of office and shall file the same in the office of the Judicial Council, which, upon receiving the oath of office, shall issue to each member a certificate of appointment. THURSDAY, MARCH 3, 1983 2257 15-10-134. (a) A chairman and vice-chairman shall be elected at the first meeting of each calendar year. (b) The director of the Administrative Office of the Courts or his designee shall serve as secretary to the council. (c) A simple majority of the members of the council shall constitute a quorum for the transaction of business. (d) The council shall maintain minutes of its meetings and such other records as it deems necessary. (e) The council shall report at least annually to the Governor and to the General Assembly as to its activities. 15-10-135. 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 expenses shall not exceed those allowed to members of the General Assembly. 15-10-136. The council is vested with the following functions, pow ers, and responsibilities: (1) To make all the necessary rules and regulations to carry out this article; (2) To cooperate with and secure the cooperation of every depart ment, agency, or instrumentality of the state government or its political subdivisions in furtherance of the purposes of this article; (3) To approve schools and to prescribe minimum qualifications for instructors at approved schools; (4) To issue a certification to any magistrate judge satisfactorily complying with an approved training program established; (5) To do any and all things necessary or convenient to enable it wholly and adequately to perform its duties and to exercise the power granted to it; and (6) To prescribe, by rules and regulations, the minimum require ments for curricula and standards composing the initial in-service, ad vanced, specialized, and continuing training courses for certification. 15-10-137. (a) Any person who takes office as a magistrate on July 1, 1983, and who was certified under the former Justice Courts Training Council shall satisfactorily complete 40 hours of training prior to Decem ber 31, 1984, in order to become certified under this article. (b) Except as provided in subsection (a) of this Code Section, any person who becomes a magistrate on or after July 1, 1983, shall satisfac torily complete 40 hours of training in the performance of his duties and shall attend the first scheduled training session held after the date of his election or appointment in order to become certified under this article. 2258 JOURNAL OF THE SENATE (c) In order to maintain the status of a certified magistrate judge, each person certified as such shall complete 20 hours of additional train ing per annum during each calendar year after the year of his initial certification in which he serves as a magistrate judge." Part 3 Section 3-1. Code Section 5-3-29 of the Official Code of Georgia An notated, relating to de novo appeals to superior court, is amended to read as follows: "5-3-29. An appeal to the superior court from a magistrate court or probate court, and in any other case where not otherwise provided by law, is a de novo investigation. It brings up the whole record from the court below; and all competent evidence shall be admissible on the trial thereof, whether adduced on a former trial or not. Either party is entitled to be heard on the whole merits of the case." Section 3-2. Code Section 5-3-31 of the Official Code of Georgia An notated, relating to damages for frivolous appeals, is amended to read as follows: "5-3-31. If upon the trial of any appeal it shall appear to the jury that the appeal was frivolous and intended for delay only, they shall as sess damages against the appellant and his security, if any, in favor of the appellee for such delay, not exceeding 25 percent on the principal sum which they shall find due, which damages shall be specially noted in their verdict. Section 3-3. Subsection (a) of Code Section 9-10-5 of the Official Code of Georgia Annotated, relating to written charges of court in civil cases, is amended to read as follows: "(a) The judges of the superior, state and city courts, when counsel for either party requests it before argument begins, shall write out their charges and read them to the jury; and it shall be error to give any other or additional charge than that so written and read; provided, however, that this Code section shall not apply when there is an official court re porter in attendance thereon who records the full charge of the trial judge in the case upon the direction of the court." Section 3-4. Code Section 9-10-180 of the Official Code of Georgia Annotated, relating to time limits for arguments of counsel, is amended to read as follows: "9-10-180. Counsel shall be limited in their arguments to two hours on a side." Section 3-5. Subsection (b) of Code Section 9-12-86, relating to re cording of judgments, is amended to read as follows: "(b) No judgment, decree, or order or any writ of fieri facias issued pursuant to any judgment, decree, or order of any superior court, city court, magistrate court, municipal court, or any federal court shall in any way affect or become a lien upon the title to real property until the judg- THURSDAY, MARCH 3, 1983 2259 ment, decree, order, or writ of fieri facias is recorded in the office of the clerk of the superior court of the county in which the real property is located and is entered in the indexes to the applicable records in the of fice of the clerk. Such entries and recordings must be requested and paid for by the plaintiff or the defendant, or his attorney at law. Section 3-6. Code Section 9-13-163 of the Official Code of Georgia Annotated, relating to judicial sales of perishable property, is amended to read as follows: "9-13-163. Whenever any personal property which is of a perishable nature or liable to deteriorate from keeping or the keeping of which is attended by expense is levied on by virtue of any fi. fa., attachment, or other process, and the defendant fails to recover possession of the same and it remains in the hands of the levying officer, upon the facts being made plainly to appear to the judge of the court from which the process has issued or to the judge of the superior court of the county or to the judge of the probate court of the county in which the levy has been made during the absence of the judge of the superior court, it shall be the duty of the judge to order a sale of the property. The sale shall be at the usual place of holding sheriffs sales for the county where the property is located." Section 3-7. Subsections (a) and (b) of Code Section 9-13-164 of the Official Code of Georgia Annotated, relating to notice of judicial sales, are amended to read as follows: "(a) The time and place of holding a sale under Code Section 9-13163 shall be advertised at the courthouse and at two other public places at least ten days before the day of sale. (b) The judge or judge of the probate court may order a sale of livestock, fruit, or other personal property in a perishable condition, after three days' notice." Section 3-8. Code Section 9-13-165 of the Official Code of Georgia Annotated, relating to sales of perishable property under tax fi. fas. or county court fi. fas., is amended to read as follows: "9-13-165. Whenever a tax fi. fa. is levied on property which is of a perishable nature or is liable to deteriorate in value from keeping or which is attended with expense in keeping, the same may be sold under Code Sections 9-13-163 and 9-13-164." Section 3-9. Subsection (c) of Code Section 10-1-186 of the Official Code of Georgia Annotated, relating to "stop-sale" orders of adulterated brake fluid, is amended to read as follows: "(c) Any brake fluid not in compliance with this part shall be sub ject to seizure upon complaint of the Commissioner or any of his agents, inspectors, or representatives to a superior court in the county in which said brake fluid is located. In the event the court finds that any brake fluid is adulterated or misbranded, it may order the condemnation of said brake fluid; and such brake fluid shall be disposed of in any manner con sistent with the rules and regulations of the Commissioner and the laws 2260 JOURNAL OF THE SENATE of this state, provided that in no instance shall the disposition of said brake fluid be ordered by the court without first giving the claimant or owner of same an opportunity to apply to the court for the release of said brake fluid or for permission to process or label said brake fluid so as to bring it into compliance with this part." Section 3-10. Paragraphs (3) and (4) of Code Section 15-6-8 of the Official Code of Georgia Annotated, relating to jurisdiction and powers of superior courts, is amended to read as follows: "(3) To exercise appellate jurisdiction from judgments of the pro bate or magistrate courts as provided by law; (4) To exercise a general supervision over all inferior tribunals and to review and correct, in the manner prescribed by law, the judgments of: (A) Magistrates; (B) Municipal corporation or police courts or councils; (C) Any inferior judicature; (D) Any person exercising judicial powers; and (E) Judges of the probate courts, except in cases touching the pro bate of wills and the granting of letters of administration, in which a jury must be impaneled;". Section 3-11. Code Section 15-6-51 of the Official Code of Georgia Annotated, relating to authority of clerks of superior courts to sit as clerks of other courts, is amended to read as follows: "15-6-51. Clerks of the superior courts shall be eligible to hold the office of clerk of the city or state court in the counties of their residence, on taking the oath and giving bond and security as prescribed by law." Section 3-12. Code Section 15-6-89 of the Official Code of Georgia Annotated, relating to additional remuneration of superior court clerks, is amended to read as follows: "15-6-89. In addition to the minimum salary provided in Code Sec tion 15-6-88, each clerk of the superior court of any county who also serves as clerk of a state court, city court, or civil court under any appli cable general or local law of this state shall receive for his services in such other court a salary of not less than $100.00 per month, to be paid from the funds of the county. In the event any such court for which a clerk of the superior court is serving as clerk is abolished, the clerk of the superior court shall continue to receive the amount provided above." Section 3-13. Code Section 15-9-10 of the Official Code of Georgia Annotated, relating to vacancies in office of the judge of probate court, is amended to read as follows: "15-9-10. (a) Until a vacancy in the office of judge of the probate court is filled, the chief judge of the city or state court, as the case may be, shall serve as the judge and shall be vested with all the powers of the THURSDAY, MARCH 3, 1983 2261 judge. If there is no such chief judge or if for some reason the chief judge cannot serve as judge, the clerk of the superior court of the county shall serve as judge and shall be vested with all the powers of the judge. In the event that the clerk of the superior court, for some reason, cannot serve as judge, the chief judge of the superior court of the county shall appoint a person to serve as judge; such person shall be vested with all the powers of the judge. The board of county commissioners or, in those counties which have no commissioners, the chief judge of the superior court shall fix the compensation of the person who serves as judge until the vacancy is filled. The compensation shall be paid from the general funds of the county. The fees collected during such period of time shall be paid into the general funds of the county. (b) Notwithstanding subsection (a) of this Code section or other laws to the contrary, in the event the office of judge of the probate court becomes vacant in any county of this state having a population of not less than 200,000 nor more than 250,000 according to the United States de cennial census of 1970 or any future such census, the vacancy shall be filled by majority vote of the superior court judges of the judicial circuit in which the county lies. The person appointed to fill the vacancy shall serve until the next succeeding general election, at which election a suc cessor shall be elected to serve for the remainder of the unexpired term or for a full term, as the case may be. A person appointed to fill a va cancy in the office of judge of the probate court of any county described in this subsection shall receive the same compensation that the judge of the probate court was receiving at the time the office became vacant." Section 3-14. Subsection (a) of Code Section 15-9-13 of the Official Code of Georgia Annotated, relating to replacement of the judge of the pro bate court where he is disqualified or unable to act, is amended to read as follows: "(a) Whenever a judge of the probate court is disqualified to act in any case or because of sickness, absence, or any other reason is unable to act in any case, the judge of the probate court may appoint an attorney at law who is a member of the State Bar of Georgia to exercise the juris diction of the probate court. If the judge of the probate court does not so appoint, the judge of the city, state, or the county court, as the case may be, shall exercise all the jurisdiction of the judge of the probate court in the case. 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 probate judge, the probate judge may not appoint an attorney and only another judge shall exercise the jurisdiction of the probate court." Section 3-15. Subsection (a) of Code Section 15-12-4 of the Official Code of Georgia Annotated, relating to ineligibility of jurors to serve at next succeeding terms, is amended to read as follows: "(a) Any juror who has served as a grand or trial juror at any ses sion of the superior courts, state courts, or city courts shall be ineligible for duty as a juror at the next succeeding term of the court in which he has previously served. Nothing herein contained shall prevent any trial juror from serving as a grand juror at the next term of the superior court of his county. This subsection shall not apply to any court in any county 2262 JOURNAL OF THE SENATE wherein the grand jury box contains not exceeding 100 names and the trial jury box contains not exceeding 350 names." Section 3-16. Subsection (a) of Code Section 16-13-46 of the Official Code of Georgia Annotated, relating to administrative inspections and war rants, is amended to read as follows: "(a) Issuance and execution of inspection warrants shall be as follows: (1) A judge of the superior, state, city or magistrate court, or any municipal officer clothed by law with the powers of a magistrate, upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting inspections authorized by this article, or rules hereunder, and seizures of property appropriate to the inspections. For purpose of the issuance of inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of this article, or rules hereunder, sufficient to justify inspection of the area, premises, building, or conveyance in the circumstances specified in the application for the warrant; (2) A warrant shall issue only upon an affidavit of a designated of ficer, drug agent, or employee of the State Board of Pharmacy having knowledge of the facts alleged, sworn to before the judicial officer and establishing the grounds for issuing the warrant. If the judicial officer is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he shall issue a warrant identifying the area, premises, building, registrant, or conveyance to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be in spected, if any. The warrant shall: (A) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof; (B) Be directed to persons authorized by Code Section 16-13-45 to execute it; (C) Command the persons to whom it is directed to inspect the area, premises, building, registrant, or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified; (D) Identify the item or types of property to be seized, if any; and (E) Designate the judicial officer to whom it shall be returned; (3) A warrant issued pursuant to this Code section must be executed and returned within ten days of its date unless, upon a showing of a need for additional time, the court orders otherwise. If property is seized pur suant to a warrant, a copy shall be provided upon request to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. A copy of the inventory shall be delivered upon request to the person from whom or from whose premises the property was taken and to the appli cant for the warrant; THURSDAY, MARCH 3, 1983 2263 (4) The judicial officer who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of the superior court for the county in which the inspection was made." Section 3-17. Code Section 17-4-40 of the Official Code of Georgia Annotated, relating to persons authorized to issue arrest warrants, is amended to read as follows: "17-4-40. Any judge of a superior, city, state, or magistrate court, or any municipal officer clothed by law with the powers of a magistrate may issue his warrant for the arrest of any offender against the penal laws, based either on his own knowledge or on the information of others given to him under oath. Any warrant for the arrest of a peace officer for any offense alleged to have been committed while in the performance of his duties may be issued only by a judge of a superior court, a judge of a state court, or a judge of a probate court." Section 3-18. The introductory language of subsection (a) of Code Section 17-6-3 of the Official Code of Georgia Annotated, relating to recog nizance bonds for military personnel, not including the five paragraphs of the subsection, is amended to read as follows: "In the case of any person engaged in military service who is charged with a misdemeanor and whose bond has been fixed at not more than $400.00 plus costs, any sheriff shall be allowed to accept, in lieu of bail, a recognizance bond executed and signed by the commanding officer of the person or the officer's lawfully delegated subordinates. Any person so charged may be taken into custody on behalf of the military installa tion by his commanding officer or by persons designated by the com manding officer of the military installation under the following terms and conditions:". Section 3-19. Code Section 17-7-20 of the Official Code of Georgia Annotated, relating to courts of inquiry, is amended to read as follows: "17-7-20. Any judge of a superior or state court, judge of the pro bate court, magistrate, or officer of a municipality who has the criminal jurisdiction of a magistrate may hold a court of inquiry to examine into an accusation against a person legally arrested and brought before him. The time and place of the inquiry shall be determined by him." Section 3-20. Code Section 17-8-36 of the Official Code of Georgia Annotated, relating to entry of continuances on court dockets, is amended to read as follows: "17-8-36. The judges of the superior, state, and city courts shall, upon the continuance of any case, enter the date of the continuance upon their dockets opposite the case and in open court make public announce ment of the continuance." Section 3-21. Subsection (a) of Code Section 17-8-54 of the Official Code of Georgia Annotated, relating to written charges of court in criminal cases, is amended to read as follows: 2264 JOURNAL OF THE SENATE "(a) The judges of the superior, state, and city courts shall, when the counsel for either party requests it before argument begins, write out their charges and read them to the jury; and it shall be error to give any other or additional charge than that so written and read." Section 3-22. Paragraph (1) of Code Section 17-13-1 of the Official Code of Georgia Annotated, relating to applications for extradition of fugi tives, is amended to read as follows: "(1) The application for a requisition shall be made to the Governor by a district attorney, prosecuting attorney of a state court, judge of a city or state court, or the mayor of any municipal corporation of this state and must show the full name of the fugitive for whom extradition is asked, the crime charged, the state or territory to which he has fled, the full name of the person suggested to act as agent of this state to receive and convey the fugitive to this state, the agent in no case to be the prose cutor; but the Governor may, in his discretion, appoint some other suit able person as agent of this state to receive and convey the fugitive. The application must also show that the ends of public justice require that the fugitive shall be brought back to this state for trial and that the requisi tion is not wanted for the purpose of enforcing the collection of a debt or for any private purpose whatever but solely for the purpose of a criminal prosecution as provided by law;". Section 3-23. Subsection (a) of Code Section 24-8-24 of the Official Code of Georgia Annotated, relating to establishment of lost or destroyed papers, is amended to read as follows: "(a) The owner of a lost or destroyed paper which is not an office paper as defined in Code Section 24-8-20 who desires to establish the same shall present to the clerk of the superior court of the county where the maker of the paper resides, if the maker is a resident of this state, a petition in writing, together with a copy, in substance, of the paper lost or destroyed, as nearly as he can recollect, which copy shall be sworn to by the petitioner, his agent, or his attorney." Section 3-24. Code Section 24-10-27 of the Official Code of Georgia Annotated, relating to witness fees for police officers, is amended to read as follows: "24-10-27. Notwithstanding any other provision in this article, any member of the Georgia State Patrol, Georgia Bureau of Investigation, or municipal or county police force, or any deputy sheriff who shall be re quired by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal or police court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involv ing any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, shall be paid for such attendance at a rate fixed by the court, but not less than the per diem paid grand jurors in the preceding term of the superior court of such county or $20.00 per diem, whichever is greater. The claim for the witness fees shall be endorsed on the subpoena showing the dates THURSDAY, MARCH 3, 1983 2265 of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The director of the Georgia Bureau of Investigation, the commanding officer of the Georgia State Patrol, the chief of police, or the sheriff shall certify that the claimant has been paid no additional compensation nor given any time off on account of such service. The amount due shall be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which the officer may have received requiring him to appear in such court or before the grand jury on any one day." Section 3-25. Code Section 31-21-20 of the Official Code of Georgia Annotated, relating to the board for distribution of dead bodies, is amended to read as follows: "31-21-20. Professors and demonstrators of anatomy and the deans of medical and dental colleges incorporated under the laws of this state shall constitute a board for the distribution and delivery of dead bodies described in Code Section 31-21-21 to and among such institutions as are entitled thereto. This board shall have power to establish rules and regu lations for its governance and to appoint and remove its officers and shall keep minutes of its transactions. Records shall be kept, under its direc tion, of all bodies received and distributed and of the persons or institu tions to whom they may be distributed, which records shall be open at all times to the inspection of members of this board, any district attorney, or prosecuting attorney of any city or state court." Section 3-26. Code Section 36-32-3 of the Official Code of Georgia Annotated, relating to criminal jurisdiction of police and recorders' courts, is amended to read as follows: "36-32-3. All police court recorders and judges of all recorders' courts in this state shall have and are given the same powers and authori ties as magistrates in the matter of and pertaining to criminal cases of whatever nature in the several courts of this state." Section 3-27. Subsection (b) of Code Section 38-2-6 of the Official Code of Georgia Annotated, relating to ordering organized militia into ac tive service, is amended to read as follows: "(b) Whenever any judge of a superior, city, or state court, sheriff, or mayor of a municipality shall apprehend the outbreak of insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence within the jurisdiction of which such officer is by law the conservator of the peace, or in the event of disaster or other grave emergency, it shall be the duty of the judge, sheriff, or mayor, when it appears that the unlawful combination or disaster has progressed beyond the control of the civil authorities, to notify the Governor, and the Governor may then, in his discretion, if he deems the apprehension well founded or the disaster or emergency of sufficient magnitude, order into 2266 JOURNAL OF THE SENATE the active service of the state for such period, to such extent, and in such manner as he may deem necessary all or any part of the organized militia." Section 3-28. Subsection (b) of Code Section 40-11-4 of the Official Code of Georgia Annotated, relating to liens for removal or storage of automobiles, is amended to read as follows: "(b) The lien acquired under subsection (a) of this Code section may be foreclosed in any court which is competent to hear civil cases, including, but not limited to, magistrate courts. Liens shall be foreclosed in magistrate courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such courts." Section 3-28.1. Subsection (b) of Code Section 44-7-53, relating to answer and trial in dispossessory cases, is amended to read as follows: "(b) If the tenant answers, a trial of the issues shall be had in accor dance with the procedure prescribed for civil actions in courts of record except that if the action is tried in the magistrate court the trial shall be had in accordance with the procedures prescribed for that court. Every effort should be made by the trial court to expedite a trial of the issues. The defendant shall be allowed to remain in possession of the premises pending the final outcome of the litigation; provided, however, that, at the time of his answer, the tenant must pay rent into the registry of the court pursuant to Code Section 44-7-54." Section 3-29. Code Section 44-7-71 of the Official Code of Georgia Annotated, relating to applications for distress warrants, is amended to read as follows: "44-7-71. When rent is due or the tenant is seeking to remove his property, the landlord, his agent, his attorney in fact, or his attorney at law may, upon a statement of the facts under oath, apply for a distress warrant before the judge of the superior court, the state court, the civil court, or the magistrate court within the county where the tenant may reside or where his property may be found." Section 3-30. Code Section 44-7-72 of the Official Code of Georgia Annotated, relating to issuance of process regarding distress warrants, is amended to read as follows: "44-7-72. When the affidavit provided for in Code Section 44-7-71 is made, the judge of the superior court, the state court, the civil court, or the magistrate court before whom it was made shall grant and issue a summons to the marshal or the sheriff or his deputy of the county where the tenant resides or where his property may be found. A copy of the summons and the affidavit shall be personally served upon the defendant. If an officer is unable to serve the defendant personally, service may be given by delivering the summons and affidavit to any person who is sui juris residing on the premises. The summons served on the defendant pursuant to this Code section shall command and require the tenant to appear at a hearing on a day certain not less than five nor more than seven days from the date of actual service." THURSDAY, MARCH 3, 1983 2267 Section 3-30-.1. Subsection (c) of Code Section 44-7-74, relating to answer and trial in dispossessory warrant cases, is amended to read as follows: "(c) If the tenant answers, a trial of the issues shall be had in accor dance with the procedure prescribed for civil actions in courts of record except that if the action is tried in the magistrate court the trial shall be had in accordance with the procedures prescribed for that court. Every effort shall be made by the trial court to expedite a trial of the issues. The defendant shall be allowed to remain in possession of the premises and his property pending the final outcome of the litigation, provided that he complies with Code Section 44-7-75," Section 3-31. Code Section 44-14-303 of the Official Code of Georgia Annotated, relating to defenses to certain mortgage foreclosures, is amended to read as follows: "44-14-303. The mortgagor may avail himself of any defense he may have to the foreclosure in the same manner and upon the same con ditions as allowed by law in case of foreclosure of chattel mortgages in the superior courts. Whenever any such defense is filed by the mortgagor, the magistrate issuing the execution shall have the power and jurisdiction to hear and determine the issues made thereon as in other cases at law." Section 3-32. Code Section 45-3-31 of the Official Code of Georgia Annotated, relating to officers' commissions, is amended to read as follows: "45-3-31. The commissions of all other civil officers except consta bles and clerks of magistrate courts of the state or county shall be under the seal of the Office of the Governor, signed by the Governor, and coun tersigned by one of his secretaries. All officers of the militia of the grade of lieutenant or higher shall have commissions under the seal of the office of the Governor." Section 3-33. The first sentence of Code Section 45-11-4 of the Offi cial Code of Georgia Annotated, relating to malpractice in office, is amended to read as follows: "Any judge of the probate court or member of any board of com missioners who shall be charged with malpractice in office; or with using oppression or tyrannical partiality; or with willfully refusing or failing to preside in or hold his court at the regular terms thereof, or when it is his duty under the law to do so; or with using any other means to delay or avoid the due course or proceeding of law; or with any other conduct unbecoming the character of an upright magistrate; or who shall willfully and knowingly demand more cost than he is entitled to by law in the administration and under color of his office may be indicted." Section 3-34. Code Section 48-4-1 of the Official Code of Georgia Annotated, relating to procedure for sales under tax executions, is amended to read as follows: "48-4-1. If the levy is made upon real or personal property, the property shall be advertised and sold as provided for fi. fas. and judicial 2268 JOURNAL OF THE SENATE sales. Sales under tax executions shall be made under the rules governing judicial sales." Section 3-35. Subsection (f) of Code Section 48-5-359 of the Official Code of Georgia Annotated, relating to sales of property for taxes due mu nicipalities, is amended to read as follows: "(f) The marshal of a municipality and other officers of the munici pality whose duty it is to collect the taxes and other revenues of the mu nicipality by levy and sale shall be subject to be ruled for money in the hands of the officer arising from the public sale of any property pursuant to process issued by the municipality. Action pursuant to this Code sec tion may be taken either in the superior court, city court, or state court in the county where the municipality is located and shall be accom plished in the same manner as sheriffs and constables are ruled for the distribution of money coming into their hands from the sale of any property." Part 4 Section 4-1. The following Code sections of the Official Code of Geor gia Annotated are amended by striking the terms "justice of the peace" and "justices of the peace" wherever they occur and inserting in their places the terms "magistrate" and "magistrates," respectively: (1) Code Section 4-5-6, relating to destruction of diseased and dis abled animals; (2) Code Section 9-10-113, relating to verification of pleadings; (3) Code Section 9-12-18, relating to confession of judgment; (4) Code Section 9-12-80, relating to dignity of judgments; (5) Code Section 9-15-9, relating to costs on recoveries of less than $50.00; (6) Code Section 9-15-11, relating to inclusion of costs in judgments; (7) Code Section 14-9-114, relating to acknowledgement of certifi cates of limited partnership; (8) Code Section 15-1-8, relating to disqualification of judicial officers; (9) Code Section 15-9-33, relating to authority of probate courts to take oaths; (10) Code Section 15-13-3, relating to demand for money collected by court officers; (11) Code Section 15-13-4, relating to grant of rule nisi; (12) Code Section 15-13-7, relating to liability of court officers to be ruled; THURSDAY, MARCH 3, 1983 2269 (13) Code Section IS-13-8, relating to liability of court officers to be ruled; (14) Code Section 15-13-30, relating to court fees not charged to the state; (15) Code Section 19-3-30, relating to marriage licenses; (16) Code Section 19-3-39, relating to certification of marriage; (17) Code Section 19-3-42, relating to marriages performed by un authorized officers; (18) Code Section 19-3-46, relating to penalties for performing un authorized marriages; (19) Code Section 19-3-48, relating to penalties for performing ille gal marriages; (20) Code Section 29-2-82, relating to attestation of receipts of guardians from wards; (21) Code Section 35-3-36, relating to duties of criminal justice agencies to submit data to the Georgia Crime Information Center; (22) Code Section 44-2-15, relating to attestation of registerable instruments; (23) Code Section 44-7-50, relating to dispossessory demands; (24) Code Section 44-7-51, relating to dispossessory summons; (25) Code Section 44-14-231, relating to petitions for writs of possession; (26) Code Section 44-14-300, relating to foreclosure of mortgages on personal property; (27) Code Section 44-14-301, relating to notice of foreclosure proceedings; (28) Code Section 45-3-5, relating to oaths of county officers; (29) Code Section 50-18-91, relating to definitions used in the "Georgia Records Act"; (30) Code Section 51-7-42, relating to malicious prosecution in courts of inquiry; (31) Code Section 53-7-166, relating to receipts of settlement given to administrators and executors; and (32) Code Section 53-12-152, relating to small claims against trust estates. Section 4-2. The following Code sections and chapters of the Official Code of Georgia Annotated are stricken in their entirety and each such 2270 JOURNAL OF THE SENATE Code section or chapter shall be designated in the Official Code of Georgia Annotated as "Reserved.": (1) Chapter 2 of Title 5, relating to appeals to juries in justice of the peace courts; (2) Code Section 5-3-1, relating to appeals from county courts and justice of the peace courts; (3) Code Section 5-3-26, relating to written defenses in appeals from justice of the peace courts; (4) Code Section 5-4-4, relating to certiorari from justice of the peace court cases tried by a jury; (5) Code Section 15-16-17, relating to service of sheriffs in justice of the peace courts; (6) Chapter 17 of Title 15, relating to constables; (7) Code Section 17-7-33, relating to billing and payment of costs of justices of the peace and constables; (8) Code Section 24-7-22, relating to transcripts of proceedings in justice of the peace courts; (9) Code Section 24-8-23, relating to establishment of lost papers in justice of the peace courts; (10) Code Sections 36-2-5 through 36-2-7, relating to the effect on justice of the peace courts of changes in militia district lines; and (11) Chapter 8 of Title 51, relating to actions for forcible entry and detainer. Part 5 Section 5-1. Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, is amended by striking Code Section 15-21-2, relating to payment into the county treasury, and inserting in its place a new Code section to read as follows: "15-21-2. (a) The officers of the several courts, including the prose cuting officers, shall pay into the county treasury of the county where the court is held all moneys arising from fines and forfeitures collected by them and, upon failure to do so, shall be subject to rule and attachment as in the case of defaulting sheriffs. (b) No officer shall be required to pay any money into the treasury until all the legal claims on the funds held and owned by the officer bringing the money into court and constables in the particular case by which the funds for distribution were brought into court have been al lowed and paid." THURSDAY, MARCH 3, 1983 2271 Section 5-2. Said chapter is further amended by striking Code Section 15-21-6 which reads as follows: "15-21-6. Any officer of the county court having jurisdiction for the trial of misdemeanors in any county or any notary public or justice of the peace having a like claim for costs or before whom a preliminary investi gation has been conducted and also constables having a like claim for costs shall present the same to the judge of the county court in the form prescribed in Code Section 15-21-5. When an order is approved and en tered on the minutes of the county court, if any, and if not, on a book prepared and kept by the county court, notary public, or justice of the peace for that purpose, the same shall be a warrant on the county trea surer to be paid out of any fines and forfeitures arising from proceedings in the county court, in accordance with the laws providing for the distri bution of fines and forfeitures in the superior court.", and inserting in its place the following: "15-21-6. Reserved." Section 5-3. Said chapter is further amended by striking Code Section 15-21-11, relating to priorities for distribution, and inserting in its place a new Code section to read as follows: "15-21-11. Unless otherwise provided by law, money arising from fines for a violation of the penal laws or collected on forfeited recogni zances in the superior courts shall be first applied to the extinguishment of the insolvent lists of the officers bringing the funds into court and then to the orders of former officers in proportion to their claims." Section 5-4. Said chapter is further amended by striking Code Section 15-21-12 which reads as follows: "15-21-12. (a) Costs due justices of the peace and constables in the cases listed in subsection (b) of this Code section shall be paid out of fines and forfeitures upon the order of the judge of the superior court, are of equal dignity with the accounts of the officers of the superior court, and are entitled to participate pro rata upon a distribution of any funds arising from fines and forfeitures. (b) This Code Section shall apply to cases: (1) When a party has been acquitted; (2) When a party is unable to pay costs; (3) In counties in which there are no county courts, when persons have been bound over by the justice of the peace or have been committed to jail in default of bail and the grand jury makes a return of 'no bill'; (4) When, after an investigation, the party has been discharged by the justice of the peace; (5) In counties where there are county courts, in felony cases; and 2272 JOURNAL OF THE SENATE (6) In misdemeanor cases in which an indictment has been demanded.", and inserting in its place the following: "15-21-12. Reserved." Section 5-5. Said chapter is further amended by striking Code Section 15-21-13, relating to priority of claims, and inserting in its place a new Code Section to read as follows: "15-21-13. (a) All claims for fees of solicitors of city courts, sheriffs, clerks, and district attorneys shall be paid from the funds arising from fines imposed in criminal cases before any claim or order of any claimant or distributee shall be paid. (b) Nothing contained in subsection (a) of this Code section shall in any way affect the fines and forfeitures of any court whose officers are on salaries and where the fines and forfeitures are remitted to the county treasury." Section 5-6. Said chapter is further amended by striking Article 2, relating to compensation of justices of the peace and constables in certain criminal cases, and inserting in its place the following: "ARTICLE 2 Reserved." Part 6 Section 6-1. Title 21 of the Official Code of Georgia Annotated, relat ing to elections, is amended by striking from subsection (a) of Code Section 21-2-5, relating to qualifications of candidates, the following: ", except for the office of justice of the peace,". Section 6-2. Said title is further amended by striking from subsection (a) of Code Section 21-2-6, relating to qualifications of candidates for county office, the following: "and for the office of justice of the peace". Section 6-3. Said title is further amended by striking from Code Sec tion 21-2-9, relating to election dates, the following: "county officers, and justices of the peace", and inserting in lieu thereof the following: "and county officers". THURSDAY, MARCH 3, 1983 2273 Section 6-4. Said title is further amended by striking from paragraph (1) of subsection (a) of Code Section 21-2-131, relating to qualification fees, the following: ", except that the fee for the office of justice of the peace shall be $10.00". Section 6-5. Said title is further amended by striking from paragraph (1) of subsection (c) of Code Section 21-2-132, relating to notice of candi dacy, the following: ", except that such filing shall not apply to a candidate for a militia district office (justice of the peace)". Section 6-6. Said title is further amended by striking from subparagraph (C) of paragraph (4) of Code Section 21-2-497, relating to election returns, the following: ", justice of the peace,". Section 6-7. Said title is further amended by striking from subsection (d) of Code Section 21-2-502, relating to certificates of election, the following: "and justices of the peace", and by striking from said subsection (d) the following: "or justice of the peace". Section 6-8. Said title is further amended by striking from subparagraph (A) of paragraph (3) of Code Section 21-4-3, relating to definitions pertaining to recall, the following: "except justices of the peace", and by striking from subparagraph (B) of said paragraph (3) the following: "and justices of the peace". Section 6-9. Said title is further amended by striking from paragraph (2) of subsection (b) of Code Section 21-4-12, relating to recall elections, the following: "or justice of the peace", by striking from paragraph (1) of subsection (d) of said Code section the following: "other than a justice of the peace", and by striking from paragraph (2) of subsection (d) of said Code section the following: "or justice of the peace". Section 6-10. Said title is further amended by striking from para- 2274 JOURNAL OF THE SENATE graph (1) of subsection (a) of Code Section 21-5-5, relating to campaign financial disclosure reports, the following: "and justices of the peace", by striking from paragraph (3) of subsection (a) of said Code section the following: "or for justice of the peace", and by striking from paragraph (5) of subsection (g) of said Code section the following: ", county officials, or justices of the peace", and inserting in lieu of said immediately preceding stricken matter the following: "or county officials". Part 7 Section 7-1. Effective June 30, 1983, Chapter 22 of Title 15 of the Official Code of Georgia Annotated, the "Courts of Limited Jurisdiction Compensation Act of 1982," is repealed in its entirety. Section 7-2. Not later than June 15, 1983, the governing authority of each county shall fix the compensation to be received by each officer other than a probate judge who will become a magistrate pursuant to this Act. Such compensation shall not be less than the minimum compensation speci fied by Code Section 15-10-23 of the Official Code of Georgia Annotated enacted by this Act. The salaries so fixed shall become effective on June 30, 1983. If, however, any county governing authority fails to act under this section, it will be deemed to have fixed for such officer a salary equal to the greater of the salary he was receiving immediately prior to June 30, 1983, or the minimum specified by Code Section 15-10-23 enacted by this Act. Pro bate judges formerly compensated under Chapter 22 of Title 15 of the Offi cial Code of Georgia Annotated shall, on and after June 30, 1983, continue to receive the same salary they were receiving immediately prior to that date but not less than the amount specified in Code Sections 15-9-63 through 15-9-67. This section shall not prohibit any otherwise lawful local Act relating to any probate judge's compensation. Section 7-3. As to any other matter which a county governing author ity or chief judge of superior court will after July 1, 1983, be authorized to act upon under Chapter 10 of Title 15 of the Official Code of Georgia An notated, as enacted by this Act, the county governing authority or chief judge of superior court may act prior to July 1, 1983. If the effective date of such action is delayed until July 1, 1983, or later. Section 7-4. With respect to each officer other than a probate judge who becomes a magistrate on July 1, 1983, pursuant to Article VI, Section X, Paragraph II of the Constitution, the position or office in which such officer was formerly serving shall be abolished for all purposes immediately upon the expiration of the term of the incumbent; and no person shall be THURSDAY, MARCH 3, 1983 2275 selected to fill such office thereafter. This section shall not operate to shorten the term which any such officer will serve as magistrate pursuant to said paragraph of the Constitution and shall not operate to prevent any such officer from thereafter being selected as a magistrate. Part 8 Section 8-1. (a) Part 7 of this Act shall become effective upon ap proval of this Act by the Governor. (b) Except as provided in subsection (a) of this section, this Act shall become effective July 1, 1983. Section 8-2. 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 HB 121 offered by the Senate Committee on Judiciary by deleting on lines 28 and 29 of Page 6 the words "partisan elec tion in the same manner as county officers are elected", and inserting in their place the words "nonpartisan election". On the adoption of the amendment, the yeas were 2, nays 33, and the amendment was lost. Senator Timmons of the llth offered the following amendment: Amend the substitute to HB 121 offered by the Senate Committee on Judiciary by adding between lines 25 and 26 of Page 9 the following: "(e) Notwithstanding the provisions of subsection (a) of this Code section, unless otherwise provided by local law, in any county in which more than 70 percent of the population according to the United States decennial census of 1980 or any future such census resides on property of the United States government which is exempt from taxation by this state, the minimum annual salary of the chief magistrate shall be $2,500.00, which minimum annual salary may be supplemented by the county governing authority as in other cases; and the salary of each mag istrate other than the chief magistrate shall be fixed by the county gov erning authority without regard to the minimum specified by this Code section." On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted. Senator Kidd of the 25th offered the following amendment: Amend the substitute to HB 121 offered by the Senate Committee on Judiciary by striking in their entirety subsections (a) and (b) of Code Sec- 2276 JOURNAL OF THE SENATE tion 15-10-105, beginning on line 8 and continuing through line 19 of Page 21, which reads as follows: "(a) Unless otherwise provided by local law, the clerk of superior court shall serve as clerk of the magistrate court. (b) If the clerk of superior court does not serve as clerk of the mag istrate court, a local law shall provide for the appointment by the chief magistrate of a clerk of magistrate court and personnel to assist the clerk. A clerk and other personnel so appointed shall serve at the pleas ure of the chief magistrate. The compensation of the clerk and other per sonnel so appointed shall be fixed by the county governing authority and paid from county funds.", and inserting in lieu thereof new subsections (a) and (b) to read as follows: "(a) Unless otherwise provided by local law, the governing authority of the county may provide for the appointment of the clerk by the chief magistrate. (b) If no provision is made for a clerk, the clerk of the superior court shall serve as clerk of the magistrate court. The appointment of personnel to assist the clerk shall be provided by local law. A clerk and other per sonnel so appointed shall serve at the pleasure of the chief magistrate. The compensation of the clerk and other personnel so appointed shall be fixed by the governing authority of the county and paid from county funds." On the adoption of the amendment, the yeas were 14, nays 22, and the amend ment was lost. Senators Horton of the 17th, Deal of the 49th and Kidd of the 25th offered the following amendment: Amend the substitute to HB 121 offered by the Senate Committee on the Judiciary by striking from lines 25 and 26 of Page 6 the following: "at the November, 1984, general election by the voters of the county", and inserting in lieu thereof the following: "by the voters of the county at the general election next preceding the expiration of the term of the incumbent chief magistrate". By striking all matter on lines 7 through 22 of Page 6 and inserting in lieu thereof the following: "(2) (A) If the chief magistrate so selected is an officer becoming a magistrate pursuant to Code Section 15-10-120, then his term as chief magistrate will be as provided by this paragraph. (B) If the term which he was serving on June 30, 1983, will expire THURSDAY, MARCH 3, 1983 2277 on the last day of 1984 or 1986 then his term as chief magistrate will likewise expire on the last day of 1984 or 1986. (C) If the term which he was serving on June 30, 1983, will expire other than on the last day of 1984 or 1986, then his term as chief magis trate shall expire on December 31, 1984, even though he is granted a longer term as magistrate by Article VI, Section X, Paragraph II of the Constitution; but his term as magistrate shall not be shortened in viola tion of said paragraph of the Constitution. In any case covered by this subparagraph, the person whose term as chief magistrate expires Decem ber 31, 1984, but who is granted by the Constitution a longer term as magistrate shall be eligible to succeed himself for a four-year term as chief magistrate beginning January 1, 1985, if he resigns his current term as magistrate prior to beginning such four-year term as chief magistrate." On the adoption of the amendment, the yeas were 39, nays 1, and the amendment was adopted. Senators Greene of the 26th and Deal of the 49th offered the following amendment: Amend the substitute to HB 121 offered by the Senate Committee on Judiciary by adding between lines 16 and 17 of Page 10 the following: "15-10-27. (a) With respect to any county in which there exists a civil court of the county continued in existence by Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution and in which there are as of June 30, 1983, no officers who will become magistrates pursu ant to Code Section 15-10-120, the provisions of this Code section shall control over any other conflicting provisions of this chapter. (b) In any county subject to this Code section the judge of such civil court shall serve as chief magistrate for a term of office concurrent with his term as judge of civil court. The chief judge of superior court of any such county shall fix the compensation to be received by the chief magis trate for his services as chief magistrate, and such compensation may be less than the minimum salary otherwise specified by this chapter. (c) In any county subject to this Code section the clerk of civil court shall serve as clerk of magistrate court and the sheriff and deputies of civil court shall serve as constables of magistrate court." On the adoption of the amendment, the yeas were 37, nays 1, and the amendment was adopted. Senator McGill of the 24th offered the following amendment: Amend the substitute to HB 121 offered by the Senate Committee on Judiciary by striking from line 25 of Page 8 through line 2 of Page 9 the following: 2278 JOURNAL OF THE SENATE "Population Minimum Salary 0-- 5,999 .................................$ 5,925.00 6,000-- 11,999 ................................... 8,825.00 12,000-- 19,999.................................. 10,065.00 20,000-- 29,999 .................................. 11,250.00 30,000-- 39,999 .................................. 13,365.00 40,000-- 49,999 .................................. 14,580.00 50,000-- 99,999 .................................. 15,480.00 100,000-- 199,999.................................. 20,210.00 200,000-- or more .................................. 26,550.00", and inserting in lieu thereof the following: "Population Minimum Salary 0-- 5,999 ..................................$ 3,160.00 6,000-- 11,999 .................................... 4,710.00 12,000-- 19,999 .................................... 5,370.09 20,000-- 29,999.................................... 6,000.00 30,000-- 39,999.................................... 7,130.00 40,000-- 49,999.................................... 7,780.00 50,000-- 99,999.................................... 8,260.00 100,000-- 199,999 ................................... 10,780.00 200,000-- or more ................................... 14,160.00" On the adoption of the amendment, the yeas were 29, nays 12, and the amend ment was adopted. Senator Coleman of the 1st offered the following amendment: Amend the substitute to HB 121 offered by the Senate Committee on Judiciary by deleting on Page 5, line 5, "chief judge of superior court" and insert "county governing authority" and by deleting on Page 5, line 10, "chief judge of superior court" THURSDAY, MARCH 3, 1983 2279 and insert "county governing authority" and by deleting on Page 5, line 31, "chief judge of superior court" and insert "county governing authority" and by deleting on Page 6, lines 5 and 6 in their entirety and insert "county governing authority" and by deleting on Page 7, line 7, "chief judge of superior court" and insert "county governing authority" and on Page 7, lines 10 and 11, delete words between and including "chief magistrate . . . superior court" and insert "county governing authority" and on Page 8 delete all of lines 25 through 32 and on Page 9 delete lines 1 through 25 and insert in lieu thereof "salaries to be set by county governing authority". On the adoption of the amendment, Senator Coleman of the 1st called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Bowen Brown of 47th Coleman English Gillis Harris Hill McGill Perry Scott of 2nd Starr Thompson Turner Walker 2280 JOURNAL OF THE SENATE Those voting in the negative were Senators: Allgood Barker Barnes Bond Brantley Broun of 46th BBuryrtaonnt Cobb Coggin Coverdell Dawkins Deal Dean Engram Fincher Foster Garner Greene Harrison HHomlleoway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield McKenzie Peevy phini S0cot..t fof, 3,,6.t,h Scott of 43rd Stumbaugh Tate Timmons Trulock Tysinger Not voting was Senator Brannon. On the adoption of the amendment, the yeas were 14, nays 41, and the amend ment was lost. Senator Kidd of the 25th offered the following amendment: Amend the substitute to HB 121 offered by the Senate Committee on Judiciary by striking in their entirety subsections (a) and (b) of Code Sec tion 15-10-23, beginning on line 20 of Page 8 and continuing through line 19 of Page 9, which reads as follows: "(a) Unless otherwise provided by local law, the chief magistrate of each county other than those counties where the probate judge serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule: Population Minimum Salary 0-- 5,999 ..................................$ 5,925.00 6,000-- 11,999................................... 8,825.00 12,000-- 19,999................................... 10,065.00 20,000-- 29,999 ................................... 11,250.00 30,000-- 39,999................................... 13,365.00 40,000-- 49,999................................... 14,580.00 50,000-- 99,999................................... 15,480.00 100,000-- 199,999................................... 20,210.00 200,000-- or more................................... 26,550.00 The minimum salary for each affected magistrate shall be fixed from the above table according to the population of the county in which he serves as determined by the United States decennial census of 1980 or any fu ture such census. The county governing authority may supplement the minimum annual salary of the chief magistrate in such amount as it may fix from time to time; but no chief magistrate's compensation or supple ment shall be decreased during any term of office. THURSDAY, MARCH 3, 1983 2281 (b) Unless otherwise provided by local law, each magistrate other than the chief magistrate shall receive a minimum monthly salary of $50.00 per month. The annual salary of each magistrate other than the chief magistrate may be supplemented by the county governing authority in such amount as it may fix from time to time; but no such magistrate's compensation or supplement shall be decreased during any term of office.", and inserting in lieu thereof new subsections (a) and (b) to read as follows: "(a) Unless otherwise provided by local law, the chief magistrate of each county other than those counties where the probate judge serves as chief magistrate shall receive the same minimum annual salary and com pensation as the judge of the probate court of such county. The chief magistrate of each county having a population of less than 6,000 accord ing to the United States decennial census of 1980 or any future such census shall be paid on an hourly wage based on the minimum annual salary of the judge of the probate court of the county. The actual work ing hours of the chief magistrate of any county having a population of less than 6,000 according to the United States decennial census of 1980 or any future such census shall be set by the chief judge of the superior court of the judicial circuit in which the county is located. The governing authority of the county may supplement the minimum annual salary of the chief magistrate from time to time in such amount as it shall deter mine; but no chief magistrate's compensation or supplement shall be de creased during any term of office. (b) Unless otherwise provided by local law, each magistrate other than the chief magistrate shall receive a minimum hourly wage based on an annual salary equal to 80 percent of the minimum annual salary of the judge of the probate court of the county. The working hours of these magistrates shall be set by the chief magistrate with the approval of the chief judge of the superior court of the judicial circuit in which the county is located. The annual salary of each magistrate other than the chief magistrate may be supplemented from time to time by the gov erning authority of the county in such amount as it shall determine; but no such magistrate's compensation or supplement shall be decreased dur ing any term of office." On the adoption of the amendment, the yeas were 8, nays 30, and the amendment was lost. Senator Land of the 16th moved that the Senate reconsider its action in defeating the amendment offered by Senator Land of the 16th to the substitute to HB 121 of fered by the Senate Committee on Judiciary. On the motion, Senator Hudgins of the 15th called for the yeas and nays; the call was sustained, and the vote was as follows: 2282 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Barker Brantley Burton Coverdell Fincher Harrison Mine Land Phillips Stumbaugh Those voting in the negative were Senators: Allgood Barnes Bond Bowen r Broun of 46th Brown of 47th Coeein Coleman Dawkins Deal Dean English Engram Foster Garner Gillis Greene HarrU Hi ,, Holloway Howard Hud 8 ins Huggms Kennedy Kidd Lester Littlefield McGill McKenzie Peevy Perry Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Walker Those not voting were Senators: Brannon Horton Tysinger On the motion, the yeas were 10, nays 43; the motion was lost, and the amend ment offered by Senator Land of the 16th was not reconsidered. 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. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond Brantley Brown of 47th Bryant . Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard THURSDAY, MARCH 3, 1983 2283 Hudgins Huggins Kennedy Kidd Land Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Timmons Trulock Tysinger Walker Those voting in the negative were Senators: Bowen Broun of 46th Lester Thompson Turner Not voting was Senator Brannon. On the passage of the bill, the yeas were 50, nays 5. 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 substitute to 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 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. The House insists on its position in disagreeing to the Senate substitute and has 2284 JOURNAL OF THE SENATE appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House: HB 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. The Speaker has appointed on the part of the House: Representatives Ross of the 82nd, Mostiler of the 75th and Kilgore of the 42nd. The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate: 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 following bills of the House and Senate were taken up for the purpose of considering the House action thereon: 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. Senator Dawkins of the 45th moved that the Senate adhere to the Senate substi tute to HB 327, and that a Conference Committee be appointed. On the motion, the yeas were 35, nays 1; the motion prevailed, and the Senate adhered to the Senate substitute to HB 327. THURSDAY, MARCH 3, 1983 2285 The President appointed as a Conference Committee on the part of the Senate the following: Senators Dawkins of the 45th, Starr of the 44th and Foster of the 50th. 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. Senator Lester of the 23rd moved that the Senate adhere to its disagreement to the House substitute to SB 154, and that a Conference Committee be appointed. On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 154. The President appointed as a Conference Committee on the part of the Senate the following: Senators Lester of the 23rd, English of the 21st and Barker of the 18th. 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. Senator Kidd of the 25th moved that the Senate adhere to its disagreement to the House amendment to SB 273, and that a Conference Committee be appointed. On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SB 273. The President appointed as a Conference Committee on the part of the Senate the following: Senators Kidd of the 25th, Walker of the 19th and Harris of the 27th. The following local bill of the Senate was taken up for the purpose of considering the House amendment thereto: 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. 2286 JOURNAL OF THE SENATE The House amendment was as follows: Amend SB 287 as follows: By striking from line 26 on Page 2 the following: "$20,000.00", and inserting in lieu thereof the following: "$25,000.00". By designating the present language of Section 5 where the same ap pears in lines 25 through 31 on Page 2 as subsection (a) of Section 5 and by adding at the end of Section 5 a new subsection (b) to read as follows: "(b) Unless the governing authority of Jones County grants greater increases pursuant to subsection (a) of this section, on and after January 1, 1985, when the governing authority of Jones County grants a cost-ofliving increase in the compensation of county employees, the average per centage by which the compensation of county employees is increased shall be applied to the then current salary of the tax commissioner, and the salary of said officer shall be increased by such average percentage." By inserting in line 31 on Page 3 between the word "three" and the word "full-time" the following: "or four, at the discretion of the tax commissioner,". Senator Kidd of the 25th moved that the Senate agree to the House amendment to SB 287. On the motion, the yeas were 29, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 287. The following bills of the House and Senate were taken up for the purpose of considering the House action thereon: 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. Senator Bond of the 39th moved that the Senate insist upon the Senate amend ment to HB 325. THURSDAY, MARCH 3, 1983 2287 On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 325. 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 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. Senator Harrison of the 37th moved that the Senate adhere to its disagreement to the House substitute to SB 278, and that a Conference Committee be appointed. On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 278. The President appointed as a Conference Committee on the part of the Senate the following: Senators Thompson of the 32nd, Harrison of the 37th and Brantley of the 56th. 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. Senator Harrison of the 37th moved that the Senate adhere to its disagreement to the House substitute to SB 280, and that a Conference Committee be appointed. On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 280. 2288 JOURNAL OF THE SENATE The President appointed as a Conference Committee on the part of the Senate the following: Senators Thompson of the 32nd, Harrison of the 37th and Brantley of the 56th. 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. Senator Hudgins of the 15th moved that the Senate adhere to its disagreement to the House substitute to SB 40, and that a Conference Committee be appointed. On the motion, the yeas were 29, nays 2; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 40. The President appointed as a Conference Committee on the part of the Senate the following: Senators Hudgins of the 15th, Kidd of the 25th and Thompson of the 32nd. 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. Senator Holloway of the 12th moved that the Senate insist upon Senate amend ment No. 1 and recede from Senate amendment No. 2 to HB 365. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon Senate amendment No. 1 and receded from Senate amendment No. 2 to HB 365. The following bill of the Senate was taken up for the purpose of considering the House amendments thereto: 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. THURSDAY, MARCH 3, 1983 2289 The House amendments were as follows: Amendment No. 1: Amend SB 215 on Page 7, line 26, by inserting a period after the word "turpitude" and striking lines 27 through 34 in their entirety, and on Page 8 striking lines 1 through 4 in their entirety. Amendment No. 2: Amend SB 215 by adding in the title on line 10 of Page 1, immedi ately preceding the words "to provide", the following: "to change the termination date of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers and the date of repeal of laws relating to such board;". By renumbering Sections 7 and 8 on Pages 9 and 10 as Sections 8 and 9, respectively, and inserting a new Section 7 to read as follows: "Section 7. Said chapter is further amended by striking in its en tirety Code Section 43-48-21, relating to the termination date of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers, and inserting in lieu thereof a new Code Section 43-48-21 to read as follows: '43-48-21. 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 Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers shall be termi nated on July 1, 1989, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date speci fied in Code Section 43-2-8.'" Senator Cobb of the 28th moved that the Senate agree to the House amendments to SB 215. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Land Lester 2290 Littlefieid McGill McKenzie Peevy Perry Phillips JOURNAL OF THE SENATE Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Brannon Coverdell Dawkins Hill Hudgins On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 215. The following bills of the House were taken up for the purpose of considering the House action thereon: 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. Senator Garner of the 30th moved that the Senate adhere to the Senate amend ment to HB 245, and that a Conference Committee be appointed. On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 245. The President appointed as a Conference Committee on the part of the Senate the following: Senators Garner of the 30th, Kidd of the 25th and Hudgins of the 15th. 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. THURSDAY, MARCH 3, 1983 2291 Senator Tysinger of the 41st moved that the Senate insist upon the Senate amend ment to HB 460. On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 460. The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto: 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. The House amendment was as follows: Amend the substitute to HB 219 offered by the Senate by striking on Page 14, line 7, the word "actual" and inserting in lieu thereof the word "actuarial". Senator Turner of the 8th moved that the Senate agree to the House amendment to the Senate substitute to HB 219. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant BCoubrtbon Coggin Coleman Dawkins Deal Dean English Engram Fincher Garner Gillis Greene Harris Harrison Hme Horton HHouwdgairnds Huggins Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy Perry Phillips ScQtt of 2nd Scott of 36th Scott of 43rd ,, |S'tuamrrb. augh. I.ate Thompson Timmons Trulock Turner Walker 2292 JOURNAL OF THE SENATE Those not voting were Senators: Brannon Coverdell Foster Hill Holloway (excused conferee) Tysinger On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 219. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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 House substitute to SB 242 was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 10 of Title 13 of the Official Code of Georgia Anno tated, relating to contracts for public works, so as to limit the amount of retained amounts; 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 10 of Title 13 of the Official Code of Georgia An notated, relating to contracts for public works, is amended by striking in its entirety Code Section 13-10-20, relating to authorization and procedure for retention of contractual payments by state or political subdivisions, and in serting in lieu thereof a new Code Section 13-10-20 to read as follows: "13-10-20. (a) Any department, agency, or instrumentality of the state or any political subdivision of the state is authorized to insert in the specifications of all contracts relating to the installation, extension, im provement, maintenance, or repair of any water or sewer facility a clause providing for the retention of amounts not exceeding 10 percent of the gross value of the completed work as may be provided for in the contract; provided, however, that no amounts shall be retained on estimates or pro gress payments submitted after 50 percent of the work on the project has been completed if in the opinion of the department, agency, or instru mentality of the state or any political subdivision thereof such work is satisfactory and has been completed on schedule. This will not affect the retained amounts on the first 50 percent of the work on the project which may continue to be held to ensure satisfactory completion of the project. If, after discontinuing the retention, the department, agency, or instru mentality of the state or any political subdivision thereof determines that THURSDAY, MARCH 3, 1983 2293 the work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. (b) Final payment of the retained amounts to the contractor under the contract to which the retained amounts relate shall be made after certification by the engineer in charge of the project covered by the con tract that the work has been satisfactorily completed and is accepted in accordance with the contract, plans, and specifications." 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 Barnes of the 33rd moved that the Senate agree to the House substitute to SB 242. On the motion, 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 B/y? nt Burton CCoogbgbin Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Harris Harrison Hill Hine Holloway HHoowrtoanrd Hudgins Huggins Kennedy Kidd Land Lester McGill Those not voting were Senators: McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Q. *S!tumb, aughi. Tate Thompson Timmons Trulock Turner Tysinger Walker Allgood Bond Brannon Gillis Greene Littlefield On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 242. 2294 JOURNAL OF THE SENATE Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair. The following general bills of the House, favorably reported by the committee, were read the third time and put upon their passage: 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. Senate Sponsor: Senator Deal of the 49th. The Senate Committee on Judiciary offered the following substitute to HB 145: A BILL TO BE ENTITLED AN ACT 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; to provide for legislative intent; to provide a definition; to provide for the creation of state courts; to provide for appli cability; to provide for jurisdiction; to provide for the compensation, qualifi cations, and elections of judges and solicitors of state courts; to provide that state court judges shall be subject to discipline, removal, and involuntary retirement by the Judicial Qualifications Commission; to provide for filling vacancies; to provide for certain powers and duties of state court judges, retired state court judges, and judges emeritus of state courts; to provide for sessions of court; to provide for the rules of practice and procedure to be followed in state courts, to provide for certain powers of state courts; to provide for juries; to provide that an accused in criminal proceedings in state courts shall not have the right to indictment; to provide for certain aspects of the administrative operation of state courts; to provide for a bond for clerks of state courts; to provide for the continued applicability of certain provisions of local laws; to provide that state courts shall not be subject to Chapter 8 of Title 15; 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 this Act to implement certain changes required by Article VI of the Constitution of the State of Georgia. Section 2. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Chapter 7, relating to state courts of coun ties, in its entirety and substituting in lieu thereof a new Chapter 7 to read as follows: THURSDAY, MARCH 3, 1983 2295 "CHAPTER 7 ARTICLE 1 15-7-1. As used in this chapter, the term 'state court' shall mean any court created pursuant to the provisions of this chapter or any court continued as a state court by Section X of Article VI of the Constitution of the State of Georgia. 15-7-2. The General Assembly may by local law create a state court in any county or counties of this state in which there is no state court, and such court shall be the 'State Court of (whatever county or counties in which the court is located).' 15-7-3. This chapter shall apply to and govern all state courts; and, unless otherwise provided in this chapter, in all cases in which there is a conflict between this chapter and the local law creating the state court, this chapter shall take priority and shall be controlling. 15-7-4. Each state court shall have jurisdiction, within the territorial limits of the county or counties for which it was created and concurrent with the superior courts, over the following matters: (1) The trial of criminal cases below the grade of felony; (2) The trial of civil actions without regard to the amount in contro versy, except those actions in which exclusive jurisdiction is vested in the superior courts; (3) The hearing of applications for and the issuance of arrest and search warrants; (4) The holding of courts of inquiry; (5) The punishment of contempts by fine not exceeding $500.00 or by imprisonment not exceeding 20 days, or both; and (6) Review of decisions of other courts as may be provided by law. ARTICLE 2 15-7-20. (a) The General Assembly shall by local law establish the number of judges for each state court and shall establish whether the judge or judges shall be full-time judges or part-time judges. (b) Judges of the state court shall be elected by the qualified electors of the county or counties in which the court is located, shall be elected on a nonpartisan basis as provided by law, and shall serve for a term of four years. (c) Elections shall be held at the general election in the year in which the incumbent's term expires, and judges so elected shall take of fice on the first day of January following such election. The judges of the state courts shall be commissioned by the Governor and, before entering office, shall take the same oaths which judges of the superior courts must take. 2296 JOURNAL OF THE SENATE 15-7-21. (a) Each judge of the state court shall have been a resident of the geographic area in which he is selected to serve for three years next preceding the beginning of his term of office, shall as of such date be at least 25 years of age, and shall have been admitted to practice law for five years. (b) A full-time judge of the state court may not engage in the pri vate practice of law. A part-time judge of the state court may engage in the private practice of law in other courts but may not practice in his own court or appear in any matter as to which that judge has exercised any jurisdiction. (c) Judges of the state courts shall be subject to discipline, removal, and involuntary retirement by the Judicial Qualifications Commission. 15-7-22. Judges of the state courts shall be compensated from county funds as provided by local law. The county governing authority is authorized to supplement the compensation thus fixed to be paid to the judges of the state court of that county. 15-7-23. In the event of a vacancy in the office of judge of the state court for any reason except the expiration of the term of office, the Gov ernor shall appoint a qualified person who shall serve as provided in Paragraphs HI and IV of Section VII of Article VI of the Constitution. 15-7-24. (a) Unless otherwise provided by local law, there shall be a solicitor of each state court who shall be elected for a four-year term. The solicitors of the state courts shall be commissioned by the Governor and, before entering office, shall take the same oath which district attor neys of superior courts must take. Local law may provide for the number, selection, and salaries of assistant solicitors. An assistant district attorney may also serve as solicitor if local legislation so provides. (b) Each solicitor of the state court shall have been a resident of the geographic area in which he is selected to serve for one year next preced ing the beginning of his term of office, shall as of such date be at least 25 years of age, and shall have been admitted to practice law for three years. (c) The General Assembly, by local law, shall determine whether the solicitor shall be a full-time or part-time solicitor. A full-time solici tor of the state court or any of his full-time employees may not engage in the private practice of law. A part-time solicitor of the state court may engage in the private practice of law but may not practice in his own court, or appear in any matter as to which that solicitor has exercised jurisdiction. (d) Solicitors of state courts shall be compensated from county funds as provided by local law. The county governing authority is authorized to supplement the compensation thus fixed to be paid to the solicitor of the state court of that county. (e) In the event of a vacancy in the office of solicitor of the state court for any reason except the expiration of the term of office, the Gov- THURSDAY, MARCH 3, 1983 2297 ernor shall appoint a qualified person who shall serve as provided in Paragraphs HI and IV of Section VII of Article VI of the Constitution. 15-7-25. (a) Except as otherwise provided in the Constitution of this state, a retired judge or judge emeritus of a state court shall be author ized to serve as judge of a state court upon the call of the judge of such court. When serving in such capacity, the retired judge or judge emeritus of the state court shall exercise the same jurisdiction, power, and author ity as the regular judge of the court, as provided by general or local law. (b) A retired judge or a judge emeritus of a state court shall be vested with the same authority as an active judge of this state for the purpose of performing marriage ceremonies. (c) Except as otherwise provided in the Constitution of this state, a judge of a state court shall be authorized to serve as judge of any other state court, but only upon the call of the judge of such other state court. When serving in a state court other than his own, the judge shall exercise the same jurisdiction, power, and authority as the regular judge of the court, as provided by general or local law. ARTICLE 3 15-7-40. The courts governed by this chapter shall be deemed al ways open for the disposition of matters properly cognizable by them; however, all trials on the merits shall be conducted at trial terms regu larly prescribed by local laws, as now or hereafter amended, creating the individual courts. 15-7-41. The state courts shall be courts of record and shall have a seal; and the minutes, records, and other books and files that are required by law to be kept for the superior courts shall, in the same manner, so far as the jurisdiction of state courts may render necessary, be kept in and for such courts. 15-7-42. All trials on the merits shall be conducted in open court and, so far as convenient, in a regular courtroom. All other proceedings, hearings, and acts may be done or conducted by a judge in chambers and in the absence of the clerk or other court officials. The judge of the court may hear motions and enter interlocutory orders in all cases pending in the court over which he presides, in open court or in chambers. 15-7-43. (a) The general laws and rules of appellate practice and procedure which are applicable to cases appealed from the superior courts of this state shall be applicable to and govern appeals from the state courts. (b) The general laws and rules of practice, pleading, procedure, and evidence which are applicable to the superior courts of this state shall be applicable to and govern in the state courts. (c) The general laws and rules applicable to the execution and en forcement of judgments in the superior courts of this state shall be appli cable to and govern in the state courts. 2298 JOURNAL OF THE SENATE 15-7-44. (a) Procedure in attachment cases shall be subject to Chap ter 3 of Title 18. (b) Procedure in garnishment cases shall be subject to Chapter 4 of Title 18. 15-7-45. All laws with reference to the number, composition, qualifi cations, impaneling, challenging, and compensation of jurors in superior courts shall apply to and be observed by state courts, except where in conflict with the terms of the Act creating such courts. 15-7-46. The accused in criminal proceedings in a state court shall not have the right to indictment by the grand jury of the county. 15-7-47. (a) Court reporting personnel shall be made available for the reporting of civil and criminal trials in state courts, subject to the laws governing same in the superior courts of this state. (b) Reporting of any trial may be waived by consent of the parties. (c) Appointment of a reporter or reporters for court proceedings in each court shall be made by the judge thereof; the compensation and allowances of reporters for the courts shall be paid by the county gov erning authority and shall be the same as that for reporters of the supe rior courts of this state. 15-7-48. Any person who serves as a clerk of any state court, as a qualification of holding his office, shall execute bond in the sum of $25,000.00 for the faithful performance of his duties as clerk, which amount may be increased by local Act. However, any clerk of a superior court who is also serving as clerk of a state court shall not be required to post a bond under this Code section; the bond given by the clerk of the superior court for the faithful performance of his duties shall also be conditioned on his faithful performance of his duties as clerk of the state court. ARTICLE 4 15-7-60. This chapter is not intended to repeal any local law creat ing a state court; and, to the extent any such local law does not conflict with the provisions of this chapter, such local law shall remain in full force and effect. 15-7-61. Courts which come under this chapter shall not be subject to Chapter 8 of this title." 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. THURSDAY, MARCH 3, 1983 2299 Senators Peevy of the 48th and Dawkins of the 45th offered the following amendment: Amend the substitute to HB 145 offered by the Senate Committee on Judiciary by striking from lines 11 and 12, Page 4, the following: "by the Judicial Qualifications Commission" and inserting in lieu thereof the following: "pursuant to Article VI, Section VII, Paragraphs VI and VII of the Constitution of the State of Georgia." On the adoption of the amendment, the yeas were 30, nays 1, and the amendment was adopted. On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Harris Hill Hine Holloway Horton Howard Hudgins Huggins 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: Barker Brannon Coleman Greene Harrison Kennedy (presiding) Littlefield Starr (excused conferee) On the passage of the bill, the yeas were 48, nays 0. 2300 JOURNAL OF THE SENATE The bill, having received the requisite constitutional majority, was passed by substitute. 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. Senate Sponsor: Senator Hine of the 52nd. Senator Scott of the 43rd offered the following amendment: Amend HB 374 by adding on Page 3, after line 4, a new subparagraph 7 to read as follows: "(7) A bill having an unincorporated population more than a speci fied population." On the adoption of the amendment, the yeas were 27, nays 9, 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 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 Huggins 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 THURSDAY, MARCH 3, 1983 2301 Those not voting were Senators: Barker Brannon Harrison Kennedy (presiding) Littlefield On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator 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 resolutions of the Senate were read and adopted: SR 229. By Senator Dean of the 31st: A resolution commending the Jaycees of Bremen, Georgia. SR 230. By Senator Dean of the 31st: A resolution commending the Pilot Club of Bremen, Georgia. SR 231. By Senator Dean of the 31st: A resolution commending the Lions Club of Bremen, Georgia. SR 232. By Senator Dean of the 31st: A resolution commending the VFW of Bremen, Georgia. SR 233. By Senator Dean of the 31st: A resolution commending the Sorosis Club of Bremen, Georgia. 2302 JOURNAL OF THE SENATE SR 234. By Senator Dean of the 31st: A resolution commending the Cedar Valley Shrine Club. SR 235. By Senator Dean of the 31st: A resolution commending the Lions Club of Cartersville, Georgia. SR 236. By Senator Dean of the 31st: A resolution commending the Dallas Woman's Club of Dallas, Georgia. SR 237. By Senator Dean of the 31st: A resolution commending the Woman's Club of Rockmart, Georgia. SR 238. By Senator Dean of the 31st: A resolution commending the American Legion Auxiliary of Rockmart, Georgia. SR 239. By Senator Dean of the 31st: A resolution commending the Order of the Rebeccas of Rockmart, Georgia. SR 240. By Senator Dean of the 31st: A resolution commending the Rotary Club of Rockmart, Georgia. SR 241. By Senator Dean of the 31st: A resolution commending the Lions Club of Rockmart, Georgia. SR 242. By Senator Dean of the 31st: A resolution commending the Order of Eastern Star of Rockmart, Georgia. SR 243. By Senator Dean of the 31st: A resolution commending the Junior Chamber of Commerce of Rockmart, Georgia. SR 244. By Senator Dean of the 31st: A resolution commending the Order of the Odd Fellows of Rockmart, Georgia. THURSDAY, MARCH 3, 1983 2303 SR 245. By Senator Dean of the 31st: A resolution commending the Kiwanis Club of Rockmart, Georgia. SR 246. By Senator Dean of the 31st: A resolution commending American Legion Post #12 of Rockmart, Georgia. SR 247. By Senator Dean of the 31st: A resolution commending the Paulding County Ruritan Club. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: 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. Senate Sponsor: Senator Greene of the 26th. The Senate Committee on Judiciary and Constitutional Law offered the following substitute to HB 424: A BILL TO BE ENTITLED AN ACT 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; to provide for intent; to provide for the appointment and confirmation of persons exercising the pow ers of certain elected constitutional executive officers during periods of tem porary disability of such officers; to provide procedures for the determination of temporary disability of elected constitutional executive officers and when such disability has ended; to provide for the compensation of persons exer cising the powers of an elected constitutional executive office during the pe riod of temporary disability of the person holding such office; to prohibit an elected constitutional executive officer from receiving the compensation for such office during periods of temporary disability under certain circum stances; to repeal Article 3 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to removal of the Attorney General for inca pacity; to provide an effective date; to repeal conflicting laws; and for other purposes. 2304 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. It is the intent of this Act to implement certain changes required by Article V, Section IV, Paragraph HI of the Constitution of the State of Georgia. Section 2. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by adding between Chapters 5 and 6 a new chapter, to be designated Chapter 5A, to read as follows: "CHAPTER 5A 45-5A-1. If, after hearing the evidence on the disability of an elected constitutional executive officer pursuant to Article V, Section IV of the Constitution of Georgia, the Supreme Court determines that such officer has a temporary disability, such court shall certify to the elected consti tutional executive officers filing the petition that such executive officer has a temporary disability which prevents such officer from performing the duties of office. 45-5A-2. In case of the temporary disability of the Governor, the Lieutenant Governor shall exercise the powers and duties of the Gover nor as provided in Article V, Section I, Paragraph V of the Constitution of Georgia until such time as the temporary disability of the Governor ends. The Lieutenant Governor shall receive the same compensation as the Governor until such time as the temporary disability of the Governor ends. 45-5A-3. In case of the temporary disability of the Lieutenant Gov ernor, the President Pro Tempore of the Senate shall exercise the powers and duties of the Lieutenant Governor and receive the same compensa tion as the Lieutenant Governor until such time as the temporary disabil ity of the Lieutenant Governor ends. 45-5A-4. (a) In case of the temporary disability of the Secretary of State, the Attorney General, the State School Superintendent, the Insur ance Commissioner, the Commissioner of Agriculture, or the Commis sioner of Labor, the Governor shall appoint a person to perform the du ties of such elected constitutional executive officer until such time as the temporary disability of such officer ends. (b) The person appointed to perform the duties of an elected consti tutional executive officer as provided in subsection (a) of this Code sec tion shall have the qualifications to hold such office, shall give bond with good security if required of a person elected to such office, and shall take the oath of office. The person appointed to serve in the office of an inca pacitated elected constitutional executive officer named in subsection (a) of this Code section shall be subject to the confirmation of the Senate if the Senate is in session at the time of his appointment or convenes in session prior to the expiration of his appointment. Any such appointment made at times when the Senate is not in session shall be effective ad interim. The person appointed to perform the duties of an elected consti tutional executive officer shall be authorized to perform every act and exercise every prerogative and discretion that a person holding such office is authorized to perform or exercise under existing law. Such person shall THURSDAY, MARCH 3, 1983 2305 be entitled to receive the compensation as may be provided by law for such office during the period of incapacity of the elected constitutional executive officer. 45-5A-5. (a) The Supreme Court shall determine when the tempo rary disability of an elected constitutional executive officer has ended and when the officer shall resume the exercise of the powers of office. The Supreme Court may hold hearings for such purpose. (b) Upon the Supreme Court certifying that the disability of an elected constitutional executive officer has ended, the appointment of the person performing the duties of such officer shall terminate. The elected constitutional executive officer shall thereafter assume and perform the duties of his office. 45-5A-6. Whenever an elected constitutional executive officer is una ble to exercise the duties of office due to a temporary disability and an other person exercises the duties of office as provided in this chapter, during the period of disability the elected constitutional executive officer shall be entitled to receive the compensation as may be provided by law for such office." Section 3. Article 3 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to removal of the Attorney General for inca pacity, is repealed in its entirety. Section 4. This Act shall become effective July 1, 1983. Section 5. All laws and parts of laws in conflict with this Act are repealed. 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: Barnes Bond Broun of 46th Brown of 47th Cogein Coverdell Dawkins Deal Dean Fincher Harris Hine Howard Hudgins Huggins Kennedy Kidd Land Littlefield McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Stumbaugh Thompson Trulock Turner Tysinger Walker 2306 JOURNAL OF THE SENATE Those not voting were Senators: Allgood Barker Bowen Brannon Brantley Coleman English Engram Foster Garner Gillis Greene Harrison Hill Holloway (excused conferee) Horton Lester McGill Scott of 36th Starr (excused conferee) Tate Timmons 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: Barnes Bond Broun of 46th Brown of 47th Bryant Cobb" Coleman Coverdell Dawkins Deal Dean Fincher Foster Garner Harris Hine Howard Huggins Kennedy Kidd Land Littlefield McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Thompson Trulock Turner Tysinger Walker Those not voting were Senators: Allgood Barker Bowen Brannon Brantley English Engram Gillis Greene H&rrison Hill Holloway (excused conferee) Horton Lester McGill Starr (excused ,, conlereej Tate Timmons On the passage of the bill, the yeas were 38, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. THURSDAY, MARCH 3, 1983 2307 The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: SB 265. By Senator Hine of the 52nd: A bill to incorporate the City of Adairsville in the County of Bartow and to provide a charter therefor. The House amendment was as follows: Amend SB 265 by striking from line 12 of Page 7 the following: "charge", and inserting in its place the following: "change". Senator Hine of the 52nd moved that the Senate agree to the House amendment to SB 265. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Barnes Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal Dean Fincher Foster Garner Harris Hine Howard Hudgins Huggins Kennedy Kidd Land Littlefield McKenzie Peevy Perry Phillips Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Trulock Turner Tysinger Walker Those not voting were Senators: Allgood Barker Bond 5BBrraawnnentnloeny Dawkins English Engram Gillis Greene Harrison Hl11 Holloway (excused conferee) Horton Lester McGill Scott Starr o(efx2cnudsed, conferee) Timmons 2308 JOURNAL OF THE SENATE On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 265. The following bill of the Senate was taken up for the purpose of considering the House amendments thereto: 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. The House amendments were as follows: Amendment No. 1: Amend SB 206 by striking from line 19 of Page 3 the following: "shall", and inserting in lieu thereof the following: "may". Amendment No. 2: Amend SB 206 as follows: On line 20, Page 3, change the word "earned" to "good", and On line 19, Page 3, change the word "shall" to "may". Amendment No. 3: Amend SB 206 by adding after the first semicolon on line 12 of Page 1 the following: "to provide an effective date;". By renumbering Section 4 as Section 5 and adding a new Section 4 to read as follows: "Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval." Senator Kidd of the 25th moved that the Senate agree to the House amendments to SB 206. THURSDAY, MARCH 3, 1983 2309 On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Barnes Bond Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Deal Dean Engram Fincher Foster Garner Harris Hine Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield McKenzie Peevy Perry Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Trulock Tysinger Walker Those not voting were Senators: Allgood Barker Bowen Brannon Bryant Dawkins English Gillis Greene Harrison Hill Holloway (excused conferee) Horton McGill Phillips Scott of 2nd Starr (excused conferee) Timmons Turner On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 206. The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: 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 House amendment was as follows: Amend SB 241 as follows: Delete Section 2 in its entirety and insert in lieu thereof: 2310 JOURNAL OF THE SENATE "Section 2. This Act shall become effective on January 1, 1984." Senator Stumbaugh of the SSth moved that the Senate agree to the House amend ment to SB 241. On the motion, 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 Coggin Coverdell Dawkins Deal Dean Engram Fincher Foster Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield McKenzie Peevy Perry Phillips Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Trulock Turner Tysinger Walker Voting in the negative was Senator Brantley. Those not voting were Senators: Allgood Barker Brannon Bryant Cobb Coleman English Garner Gillis Greene Hill Holloway (excused conferee) Horton McGill Scott of 2nd Starr (excused conferee) Timmons On the motion, the yeas were 38, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 241. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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. THURSDAY, MARCH 3, 1983 2311 The House substitute to SB 130 was as follows: A BILL TO BE ENTITLED AN ACT 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; to provide that prop erty insurance shall also include any contract, agreement, or instrument whereby a person assumes the risk of and the expense or portion thereof for the cost of repair or replacement of a product if such contract, agreement, or instrument is made by a person other than the manufacturer in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the cost of the product sold in conjunc tion therewith; to provide an exception; to require certain provisions in con tracts of property insurance; to provide for the cancellation of contracts, agreements, or instruments for failure of the holder to pay the consideration due therefor; to provide for refunds upon cancellation of a contract, agree ment, or instrument by the holder; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 7 of Title 33 of the Official Code of Georgia An notated, relating to kinds of insurance, limits of risks, and reinsurance, is amended by striking in its entirety Code Section 33-7-6, relating to property insurance, and inserting in lieu thereof a new Code Section 33-7-6 to read as follows: "33-7-6. (a) Property insurance is insurance on real or personal property of every kind and interest therein against loss or damage from any or all hazard or cause and against loss consequential upon such loss or damage other than noncontractual legal liability for any such loss or damage. Property insurance shall also include miscellaneous insurance as defined in paragraph (11) of Code Section 33-7-3, except as to any non contractual liability coverage includable therein. (b) Property insurance also includes: (1) Any contract, agreement, or instrument whereby a person as sumes the risk of and the expense or portion thereof for the mechanical breakdown or mechanical failure of a motor vehicle and shall include those agreements commonly known as vehicle service agreements or ex tended warranty agreements, if made by a person other than the motor vehicle manufacturer in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the cost of a motor vehicle sold in conjunction therewith, except that this provision shall not apply to an agreement underwritten by an insurer li censed to transact insurance in this state, either directly or through a reinsurance contract; (2) Any contract, agreement, or instrument whereby a person as sumes the risk of and the expense or portion of such expense for the structural or mechanical breakdown, loss of, or damage to a one- or two- 2312 JOURNAL OF THE SENATE family residential building structure or any part thereof from any cause, including loss of or damage to or loss of use of the building structure or major components thereof which are attached to and become a part of said structure by reason of depreciation, deterioration, wear and tear, use, obsolescence or breakage, if made by a person other than the con structing contractor or manufacturer of the building structure or part thereof in exchange for a separately stated charge or the cost of the con tract or contracts is included on a nonidentifiable basis in the cost of such building structure sold in conjunction therewith, except that this provi sion shall not apply to an agreement underwritten by an insurer licensed to transact insurance in this state, either directly or through a reinsur ance contract; or (3) Any contract, agreement, or instrument, other than an agree ment, contract, or instrument covered by paragraphs (1) and (2) of this subsection whereby a person assumes the risk of and the expense or por tion thereof for the cost of repair or replacement of a product if such contract, agreement, or instrument is made by a person other than the manufacturer in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the cost of the product sold in conjunction therewith, except that this provision shall not apply to an agreement underwritten by an insurer licensed to transact insurance in this state, either directly or through a reinsurance contract or to any contract, agreement, or instrument relating to similar services furnished by any air carrier that provides interstate air transportation. (c) (1) Any contract, agreement, or instrument, as defined in paragraphs (1), (2), and (3) of subsection (b) of this Code section, shall state the name and address of the licensed insurer which has underwrit ten the contract, agreement, or instrument, either directly or through a reinsurance contract. (2) In the event a contract, agreement, or instrument is issued by a party other than an insurer so that the holder thereof, in the first in stance, must make a claim or request for refund pursuant to paragraph (3) of this subsection against a party other than the insurer, the contract, agreement, or instrument shall provide that the holder shall be entitled to make a direct claim against the insurer upon the failure of the issuer to pay any claim or to refund the consideration paid by the holder for the contract, agreement, or instrument within 60 days after proof of loss has been filed with the issuer. (3) The contract, agreement, or instrument shall be noncancelable by the issuer except for fraud, material misrepresentation, or failure to pay the consideration due therefor. The cancellation shall be in writing and shall conform to the requirements of Code Section 33-24-44. The holder may cancel at any time upon demand and surrender of the con tract, agreement, or instrument whereupon the issuer shall refund the excess of the consideration paid for the contract, agreement, or instru ment above the customary short rate for the expired term of the contract, agreement, or instrument." THURSDAY, MARCH 3, 1983 2313 Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 130. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Barnes Bond Bowen Brantley Broun of 46th Brown of 47th CBoubrtbon Coggin Coleman Coverdell Dawkins Deal Dean Engram Fincher Foster Garner Harris Harrison HHouldlgowinasy Huggins Kennedy Kidd Land Lester Littlefield McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th 0SStu*comt1t boa.fu1g4h.3rd i*te Thompson Trulock Turner Tysinger Walker Those not voting were Senators: Allgood Barker Brannon English Gillis Greene Hill Horton Howard McGill Starr (excused conferee) Timmons On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 130. The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: 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. 2314 JOURNAL OF THE SENATE The House amendment was as follows: Amend SB 249 by adding after the first semicolon on line 5 of Page 1 the following: "to amend Code Section 15-9-2, relating to eligibility and disabili ties of probate judges, so as to change the eligibility requirements of pro bate judges in certain counties under certain conditions;". By striking Sections 2 and 3 and inserting new Sections 2, 3, and 4 to read as follows: "Section 2. Code Section 15-9-2, relating to eligibility and disability of probate judges, is amended by adding a new subsection (c) to read as follows: '(c) In all counties of this state which have a population of 550,000 or more according to the United States decennial census of 1980 or any future such census a chief deputy clerk of the probate court having served as chief deputy clerk for more than two years shall be eligible to fill a vacancy in the office of probate judge for the remainder of the unexpired term without regard to whether such chief deputy clerk meets any residency requirements otherwise imposed by law if the chief deputy clerk becomes a resident of the county before taking office as probate judge. Any probate judge taking office as authorized by the preceding sentence shall thereafter be eligible to succeed himself or herself so long as he or she remains a resident of the county.' Section 3. Section 2 of this Act shall become effective July 1, 1983, and all other provisions of this Act shall become effective upon its ap proval 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 Harris of the 27th moved that the Senate agree to the House amendment to SB 249. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Barnes Bond Bowen Brantley Broun of 46th Bryant Burton Coggin Coleman Coverdell Dawkins Deal Dean Engram Fincher Foster Garner Harris Harrison Hine Holloway Howard Huggins Kennedy Kidd Land Lester McKenzie Peevy Perry THURSDAY, MARCH 3, 1983 2315 Phillips Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Trulock Turner Tysinger Walker Those not voting were Senators: Allgood Esr-* Barker Cobb English Gillis si.Greene Hudgins Littlefield McGill s-"Scott of 2nd conferee) Timmons On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 249. The following bill of the Senate was taken up for the purpose of considering the Conference Committee report thereon: 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 Conference Committee report on SB 32 was as follows: The Conference Committee on SB 32 recommends that the Senate re cede from its position on the House Committee on Judiciary amendment, the House recede from its position on the Moore amendment, and the House and Senate both recede from their positions on the Brown amendment and that the attached Conference Committee substitute to SB 32 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Glenn E. Bryant Senator, 3rd District /s/ Render Hill Senator, 29th District /s/ Culver Kidd Senator, 25th District FOR THE HOUSE OF REPRESENTATIVES: /s/ Henry Bostick Representative, 138th District /s/ Denmark Groover, Jr. Representative, 99th District /s/ James C. Moore Representative, 139th District 2316 JOURNAL OF THE SENATE Conference Committee substitute 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 provide that in certain counties military personnel shall not be counted in determining the popula tion of the county; 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 An notated, relating to probate courts, is amended by striking in its entirety Code Section 15-9-63, relating to minimum salaries for judges of the pro bate courts, and inserting in lieu thereof a new Code Section 15-9-63 to read as follows: "15-9-63. (a) Any other laws to the contrary notwithstanding, the minimum 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 determined by the United States decennial census of 1970 or any future such census; provided, however, that, in the event the popula tion of a county according to the United States decennial census of 1980 or any future such census is less than its population according to the United States decennial census of 1970, the population bracket under which any such county falls for the purposes of this Code section shall be determined according to the United States decennial census of 1970. Each such judge of the probate court shall receive an annual salary, pay able 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 ...................................$ 9,085.00 6,000-- 11,999 .................................... 13,535.00 12,000-- 19,999 .................................... 15,567.00 20,000-- 29,999 .................................... 17,700.00 30,000-- 39,999.................................... 20,493.00 40,000-- 49,999.................................... 22,356.00 50,000-- 99,999.................................... 24,355.00 100,000-- 199,999................................... 30,992.00 200,000-- 294,999 .................................... 38,745.00 295,000 or more...................................... 42,500.00 (b) In any county in which more than 70 percent of the population of the county according to the United States decennial census of 1980 or any future such census resides on property of the United States govern ment which is exempt from taxation by this state, the population of the county for purposes of subsection (a) of this Code section shall be THURSDAY, MARCH 3, 1983 2317 deemed to be the total population of the county minus the population of the county which resides on property of the United States government." 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 1 5-9-63 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 $ 1 50.00 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 Kidd of the 25th moved that the Senate adopt the Conference Committee report on SB 32. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Engram Foster Garner Harris Harrison Hine Peevy Perry Phillips Scott of 2nd Scott of 36th Scott rf 43fd Cobb Coggin Coverdell Dawkins Deal Dean Howard Kennedy Kidd Land Lester McKenzie Voting in the negative was Senator Thompson. Those not voting were Senators: Allgood Barker Brannon Coleman x ?te Timmons Trulock Turner Tysinger Walker English Fincher 2318 JOURNAL OF THE SENATE Gillis Greene Hill Hudgins Huggins Littlefield McGill Starr (excused conferee) On the motion, the yeas were 41, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on SB 32. The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Howard of the 42nd moved that the Senate adhere to the Senate amend ment to HB 129, and that a Conference Committee be appointed. On the motion, the yeas were 32, nays 1; the motion prevailed, and the Senate adhered to the Senate amendment to HB 129. The President appointed as a Conference Committee on the part of the Senate the following: Senators Howard of the 42nd, Kennedy of the 4th and Trulock of the 10th. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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. The House substitute to SB 199 was as follows: 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 THURSDAY, MARCH 3, 1983 2319 "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 unfair trade practices; to provide for burdens 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 An notated, 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 cited as the 'Georgia 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) The provision for warranty service and the repair of predelivery transportation damages to motor vehicles is of substantial concern to the people of this state; (3) The maintenance of full and fair competition among dealers and others is in the public interest; and (4) The maintenance of strong and sound dealerships is essential to provide continuing and necessary reliable services to the consuming pub lic in this state and to provide stable employment to the citizens of this state. 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- 2320 JOURNAL OF THE SENATE 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 solely 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 business pursuant to the franchise including, but not limited to, the dealership 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, pur suant 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 di rectly or indirectly in the ordinary course of business and on a recurring 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 written agreement or contract between any franchisor and any dealer which purports to fix the legal rights and liabilities of the parties to such agreement or contract and pursuant to which the dealer purchases and resells motor vehicles or leases or rents the dealership facilities. (7) 'Franchisor' means: (A) Any 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; and (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. (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. THURSDAY, MARCH 3, 1983 2321 (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 pri marily 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 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) 'Warrantor' means any person who gives a warranty in connec tion with a new motor vehicle. (15) '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 statements or promises that said new motor vehicle meets or will meet certain stan dards or promises to perform certain repairs or other services in connec tion 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 novation, 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 consum mated, would be in violation of this article may bring an action for dam ages and equitable relief including injunctive relief. (b) If the franchisor engages in aggravated or continued multiple intentional violations of a provision or provisions of this article, the court may award punitive damages in addition to any other damages author ized 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) This Code section shall not prevent a dealer from voluntarily entering into a valid release agreement. 2322 JOURNAL OF THE SENATE 10-1-624. (a) Any person who engages directly or indirectly in pur poseful contacts within this state in connection with the offering of adver tising for sale or has business dealings with respect to a new motor vehi cle 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 cor poration, 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. 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. 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 THURSDAY, MARCH 3, 1983 2323 (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 required 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 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 factor 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 2324 JOURNAL OF THE SENATE 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 a judgment or finding of fault is returned only against the manufacturer, distributor, or warrantor or in which the man ufacturer, distributor, or warrantor enters into an agreement which set tles or makes final disposition of the action. 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 which contain provisions which are contrary to matters con tained in this part. 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; and (2) Has good cause for cancellation, termination, or nonrenewal. (b) Notwithstanding the terms, provisions, or conditions of any franchise or the terms or 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- THURSDAY, MARCH 3, 1983 2325 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 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; and (3) The dealer was afforded a reasonable opportunity, for a period of not less than six months, to comply with such criteria. (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: (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 termina tion, 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 services 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 execu tive or any owner with a substantial interest therein of any crime which materially relates to the operation of the dealership or any felony which is punishable by imprisonment; (iv) Suspension for a period of more than 14 days or revocation 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 was discovered, whichever is later; or (C) Not less than 180 days prior to the effective date of such termi- 2326 JOURNAL OF THE SENATE nation 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. (0 (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 and unused current model year motor vehicle inven tory which has been acquired from the franchisor so long as the motor vehicle has not been altered, damaged, or materially changed while in the dealer's possession; (B) Any unused, undamaged, and unsold supplies and parts which have been acquired from the franchisor, provided such supplies and parts are currently offered for sale by the franchisor in its current parts catalog and are in salable condition; (C) Any equipment and furnishings purchased from the franchisor or its approved sources within three years of the date of termination, cancellation, or nonrenewal; and (D) Any special tools purchased from the franchisor within three years of the date of termination, cancellation, or nonrenewal or any spe cial tools which the franchisor required the dealer to purchase. (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 12 months preceding the effective date of termination, cancellation, or nonrenewal, or the fair market value if the items were acquired more than 12 months preceding the effective date of termination, cancellation, or nonrenewal 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 posses sion 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 or for one year, whichever is less. If the dealer owns the dealership THURSDAY, MARCH 3, 1983 2327 facilities, the franchisor shall pay the dealer a sum equivalent to the rea sonable rental value of the dealership facilities for one year. Each time limit set forth in this subsection may be for a longer term if so provided in the franchise agreement. (h) If, in an action for damages under this section, the franchisor fails to prove that there was good cause for the franchise termination, cancellation, or nonrenewal, then the franchisor may 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 facili ties which the dealer may have and the franchisee shall surrender his franchise agreement to the franchisor. 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 indicate a lack of good cause, no termination shall be considered to be for good cause: (1) If such termination relates to the death or disability of an owner and the franchisor has not complied with Code Section 10-1-652; or (2) If such termination relates to a change in ownership or manage ment and the franchisor has not complied with Code Section 10-1-653. 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: (1) The designated successor gives the franchisor written notice of his or her intention to succeed to the ownership interest within 60 days of the owner's death or incapacity or within a longer period if so provided in the franchise agreement; 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 customarily required by the franchisor to determine whether the succes sion 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 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 2328 JOURNAL OF THE SENATE 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 reasonable period of time which shall not be less than six months in which to negoti ate a sale of the dealership. Any such sale shall be subject to Code Sec tion 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 subject 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. (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. (h) This Code section does not preclude a new motor vehicle dealer from time to time designating any person as his or her successor by writ ten instrument filed with the manufacturer or distributor and, if such instrument is currently on file with such manufacturer or distributor, it alone shall determine the succession rights to the management and oper ation of the dealership. 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 own ership interest in a new motor vehicle dealership on such terms and con ditions, including entering into any ancillary or auxiliary contracts, as were disclosed by the owner to the franchisor. 10-1-654. This part shall be applicable only to franchise agreements made, entered into, renewed, continued, or extended after June 30, 1983. THURSDAY, MARCH 3, 1983 2329 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, coerce, 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 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, investment in, or the acquisition of any other line of new motor vehicle or related products. However, this paragraph does not apply unless the dealer main tains a reasonable line of credit for each make or line of new motor vehi cle, the dealer remains in compliance with any reasonable facilities re quirements of the franchisor, the dealer provides acceptable sales performance, and no change is made in the principal management of the dealer; (4) To expand, construct, or significantly modify facilities without assurances that the franchisor will provide a reasonable supply of new motor vehicles within a reasonable time so as to justify such an expansion in light of the market and economic conditions; (5) 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 (6) To provide warranty or other services for the account of franchisor, except as provided in the 'Georgia Motor Vehicle Warranty Practices Act.' (b) No action shall in any way be based on this Code section with respect 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 2330 JOURNAL OF THE SENATE 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; (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 adver tisement 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 prospectively to a release, assign ment, 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, provided that this Code section shall not pre vent any dealer from entering into a valid release agreement with the franchisor; (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) 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, coerce, or attempt to coerce any dealer in this state: (1) To participate monetarily in an advertising campaign or contest or to purchase any promotional materials, training materials, showroom 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 THURSDAY, MARCH 3, 1983 2331 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: (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 dealer's 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 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 agree ments are modified, extended, or renewed on or after that date." 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 of 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 moved that the Senate agree to the House substitute to SB 199. 2332 JOURNAL OF THE SENATE On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Dean Engram Fincher Foster Garner Greene Harris Hme Holloway Horton Howard Huggins Kennedy Kidd Land Lester McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd c t!,rr e! u u Stumbaugh I?te Thompson Timmons Trulock Turner Tysinger Those not voting were Senators: Allgood Barker Brannon Deal English Gillis Harrison Hill Hudgins Littlefield McGill Walker On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 199. The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Howard of the 42nd moved that the Senate recede from the Senate substi tute to HB 400. On the motion, a roll call was taken, and the vote was as follows: THURSDAY, MARCH 3, 1983 2333 Those voting in the affirmative were Senators: Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Engram Fincher Foster Harris Harrison Holloway Horton Howard Huggins Kennedy Kidd Lester Littlefield McKenzie Peevy Perry Phillips Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker Those voting in the negative were Senators: Garner Hine Tate Greene Land Those not voting were Senators: Allgood Barker Brannon Deal Dean English Gillis Hill Hudgins McGill Scott of 2nd On the motion, the yeas were 40, nays 5; the motion prevailed, and the Senate receded from the Senate substitute to HB 400. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate: SB 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; to repeal conflicting laws. 2334 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 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. 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: 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 Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd 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: Allgood Barker Brannon Brantley Hill Hudgins Land Littlefield On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. THURSDAY, MARCH 3, 1983 2335 The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Deal of the 49th moved that the Senate adhere to the Senate substitute to HB 33, and that a Conference Committee be appointed. On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 33. The President appointed as a Conference Committee on the part of the Senate the following: Senators Deal of the 49th, Hine of the 52nd and Dawkins of the 45th. The following general bill and resolution of the House and Senate, favorably re ported by the committees, were read the third time and put upon their passage: 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. Senate Sponsors: Senators Barnes of the 33rd and 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 Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Coggin Coleman Dawkins 2336 JOURNAL OF THE SENATE Deal Dean English Engram 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 Trulock Turner Tysinger Walker Those not voting were Senators: Barker Brannon Cobb Coverdell Fincher Hill Hudgins Littlefield McKenzie Thompson Timmons On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. SR 143. By Senator Trulock of the 10th: A resolution electing Mrs. Shirley Altman of Thomas County as a member of the State Election Board. 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 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 Horton Howard Hudgins Huggins Kennedy Kidd Land Lester THURSDAY, MARCH 3, 1983 2337 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: Barker Brannon Harrison Hill Holloway (excused conferee) Thompson Timmons 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, having been read the third time and lost on March 1, and reconsidered on March 1 and placed at the foot of the General Calen dar, was put upon its passage: 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. Senate Sponsor: Senator Kidd of the 25th. Senators Deal of the 49th and Barnes of the 33rd offered the following amendment: Amend HB 707 by adding between lines 23 and 24 a new section as follows: "(3) This Act shall not affect nor repeal any statute prohibiting rep resentation of a client before the Pardons and Parole Board for a fee." On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted. Senator Kidd of the 25th offered the following amendment: Amend HB 707 by striking on Page 3, lines 6 and 7, the following: "qualified to practice law in this state", and 2338 JOURNAL OF THE SENATE By adding on Page 3, line 19, before "representing", the following: "or agent". On the adoption of the amendment, the yeas were 39, nays 4, 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 Brown of 47th Bryant Cobb Coggin Coleman Dawkins Deal Dean English Gillis Greene Harris Hine Horton Hudgins Kennedy Kidd Lester Littlefield McGill Peevy Perry Scott of 2nd Scott of 36th Tate Timmons Walker Those voting in the negative were Senators: Brantley Burton Coverdell Engram Foster Garner Harrison Holloway Howard Huggins Land McKenzie Phillips Scott of 43rd Starr Stumbaugh Thompson Trulock Turner Tysinger Those not voting were Senators: Barker Brannon Broun of 46th Hill Fincher On the passage of the bill, the yeas were 31, nays 20. The bill, having received the requisite constitutional majority, was passed as amended. THURSDAY, MARCH 3, 1983 2339 Senator Tate of the 38th introduced Mr. Daniel W. Wright, Jr., President of the Georgia Association of Educators, to the Senate. The following resolutions of the Senate were read and adopted: SR 248. By Senators Greene of the 26th, English of the 21st and Broun of the 46th: A resolution commending Gregg Allman. SR 249. By Senators Greene of the 26th, English of the 21st and Broun of the 46th: A resolution commending Bertie Higgins. SR 250. By Senators Greene of the 26th, English of the 21st and Broun of the 46th: A resolution commending Tommy Roe. SR 251. By Senators Greene of the 26th, English of the 21st and Broun of the 46th: A resolution commending Freddie Weller. SR 252. By Senators Greene of the 26th, English of the 21st and Broun of the 46th: A resolution commending Tim McCabe. SR 253. By Senators Greene of the 26th, English of the 21st and Broun of the 46th: A resolution commending Ben Jones. SR 254. By Senators Greene of the 26th, English of the 21st and Broun of the 46th: A resolution commending Mac Frampton. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: 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. Senate Sponsor: Senator Garner of the 30th. 2340 JOURNAL OF THE SENATE The Senate Committee on Offender Rehabilitation offered the following substitute to HB 458: A BILL TO BE ENTITLED AN ACT 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; to amend Article 4 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to granting of special leaves, emergency leaves, and limited leave privileges to inmates of penal institutions, so as to provide that such leaves and leave privileges shall be granted to inmates serving murder sentences only under certain limited cir cumstances; to provide for other matters relative thereto; to provide an effec tive date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 42-5-58 of the Official Code of Georgia An notated, relating to the punishment of inmates generally in correctional in stitutions and to transfers of inmates, is amended by striking said Code sec tion in its entirety and inserting in lieu thereof a new Code Section 42-5-58 to read as follows: "42-5-58. (a) Whipping of inmates and all forms of corporal punish ment shall be prohibited. All shackles, manacles, picks, leg irons, and chains shall be barred from use as punishment by any penal institutional operated under authority of the board. In transferring violent or poten tially dangerous inmates within an institution or between facilities, hand cuffs, leg chains, waist chains, and waist belts may be utilized. Hand cuffs, leg chains, waist chains, and waist belts may also be used in securing violent or potentially dangerous inmates within an institution and in public and private areas such as hospitals, clinics, and courtrooms; but in no event may handcuffs, leg chains, waist chains, and waist belts be used as punishment. (b) The department shall restrict punishment for an infraction of correc tional rules and regulations to isolation and restricted diet or to uniform standard humane punishment which the department may deem necessary for the control of inmates." Section 2. Article 4 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to granting of special leaves, emergency leaves, and limited leave privileges to inmates of penal institutions, is amended by adding a new Code Section 42-5-85 to read as follows: "42-5-85. (a) No special leave, emergency leave, or limited leave privileges shall be granted to any inmate who is serving a murder sen tence unless the commissioner has approved in writing a written finding by the department that the murder did not involve any aggravating circumstance. THURSDAY, MARCH 3, 1983 2341 (b) As used in this Code section only, the term 'aggravating circum stance' means that: (1) The murder was committed by a person with a prior record of conviction for a capital felony; (2) The murder was committed while the offender was engaged in the commission of another capital felony, aggravated battery, burglary, or arson in the first degree; (3) The offender, by his act of murder, knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person; (4) The offender committed the murder for himself or another, for the purpose of receiving money or any other thing of monetary value; (5) The murder of a judicial officer, former judicial officer, district attorney or solicitor, or former district attorney or solicitor was commit ted during or because of the exercise of his official duties; (6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person; (7) The murder was outrageously or wantonly vile, horrible, or inhu man in that it involved torture, depravity of mind, or an aggravated bat tery to the victim; (8) The murder was committed against any peace officer, corrections employee, or fireman while engaged in the performance of his official duties; (9) The murder was committed by a person in, or who has escaped from, the lawful custody of a peace officer or place of lawful confinement; or (10) The murder was committed for the purpose of avoiding, inter fering with, or preventing a lawful arrest or custody in a place of lawful confinement of himself or another. (c) The department shall make a finding that a murder did not in volve an aggravating circumstance only after an independent review of the record of the trial resulting in the conviction or of the facts upon which the conviction was based." 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. 2342 JOURNAL OF THE SENATE Senators Gillis of the 20th and Kennedy of the 4th offered the following amendment: Amend the substitute to HB 458 offered by the Senate Committee on Offender Rehabilitation by adding on Page 2, line 13 after "punishment." a new sentence to read as follows: "Provided, however, if the accused becomes violent in the court room, restraints may be used." On the adoption of the amendment, the yeas were 49, nays 0, and the amendment was adopted. Senator Allgood of the 22nd offered the following amendment: Amend the substitute to HB 458 offered by the Senate Committee on Offender Rehabilitation by striking the following words on line 11, Page 2, "and courtrooms", and the remainder of said paragraph is to remain unchanged. On the adoption of the amendment, Senator Garner of the 30th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Fincher Foster Gillis Harris Hine Holloway Horton Howard Hudgins Kidd Land Lester Littlefield McGill McKenzie Peevy Perry Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Those voting in the negative were Senators: Engram Garner Kennedy Phillips Thompson Walker THURSDAY, MARCH 3, 1983 2343 Those not voting were Senators: Brannon Bryant Greene Harrison Hill Huggins On the adoption of the amendment, the yeas were 44, nays 6, and the amendment was adopted. On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Harris Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker Voting in the negative were Senators Bond and Scott of the 2nd. Those not voting were Senators: Brannon Bryant Greene Harrison Hill Starr (excused conferee) On the passage of the bill, the yeas were 48, nays 2. The bill, having received the requisite constitutional majority, was passed by substitute. 2344 JOURNAL OF THE SENATE The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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. The House substitute to SB 123 was as follows: A BILL TO BE ENTITLED AN ACT To amend Code Section 42-8-43.1 of the Official Code of Georgia An notated, relating to participation of the Department of Offender Rehabilita tion 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 pro vide that when an employee of a county probation 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 future such census becomes an em ployee 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 within the meaning of any local retirement or pension system of which the employee was a member at the time of such change in employment, and that the change in employment shall not entitle the employee to begin receiving any retirement or pension benefit whatsoever under any such local retirement or pension system; 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 42-8-43.1 of the Official Code of Georgia An notated, relating to participation of the Department of Offender Rehabilita tion in the cost of certain county probation systems and the transfer of such county probation systems to the state-wide probation system, is amended by adding at the end of said Code section a new subsection (d) to read as follows: "(d) When an employee of a county probation 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 future such census be comes an employee of the department pursuant to subsection (c) of this Code section at the same or a greater salary, the change in employment shall not constitute involuntary separation from service or termination of employment within the meaning of any local retirement or pension sys tem of which the employee was a member at the time of such change in employment, and the change in employment shall not entitle the em ployee to begin receiving any retirement or pension benefit whatsoever under any such local retirement or pension system." THURSDAY, MARCH 3, 1983 2345 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. 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 Thomas R. Scott, Chairman Senate Federal, State, and Community Affairs Committee FROM: William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget DATE: March 3, 1983 SUBJECT: Fiscal Note - Substitute to Senate Bill 123 (LC 7 5385S) Local Retirement Systems The substitute version of this Bill specifies that when an employee of a county probation system of a county having a population of at least 550,000 becomes an employee of the statewide probation system, the changes in em ployment do not constitute involuntary separation or termination from the local retirement system. The Bill also specifies that such changes in employ ment would not entitle employees to begin receiving any retirement or pen sion benefit under the local retirement system. Fulton County is the only county becoming part of the statewide system which fits the population requirement. The county's 1982 pension plan law allows individuals who are retired by operation of law and who have ten or more years of actual service to immediately begin receiving the normal monthly pension benefit. County officials have indicated that the employees who change from county to state employment would be eligible for the im mediate benefit. The actuary for Fulton County has determined that this Bill would re sult in an annual savings to the Fulton County Pension System of approxi mately $305,000 for each of the next 40 years by not allowing employees with ten or more years' service to immediately be eligible to receive benefits if 'hey transferred to the State Probation System. /s/ W. M. Nixon State Auditor /s/ C. T. Stevens, Director Office of Planning and Budget 2346 JOURNAL OF THE SENATE Senator Coverdell of the 40th moved that the Senate agree to the House substitute to SB 123. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Dawkins English Engram Fincher Foster Garner Gillis Harris Hine Horton Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Starr Stumbaugh Tate Thompson Timmons Trulock Turner Walker Voting in the negative was Senator Scott of the 43rd. Those not voting were Senators: Barker Brannon Bryant Deal Dean Greene Harrison Hill Holloway (excused conferee) Howard Littlefield Tysinger On the motion, the yeas were 43, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 123. Senator Barnes of the 33rd moved that Senate Rule 218 be suspended in order to allow the Senate to consider the appointments by His Excellency, Governor Joe Frank Harris, on Friday, March 4. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate suspended Senate Rule 218 to allow the Senate to consider the appointments by His Excellency, Governor Joe Frank Harris, on Friday, March 4. THURSDAY, MARCH 3, 1983 2347 The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: 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. Senate Sponsor: Senator Howard of the 42nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coverdell Deal Dean English Engram Fincher Foster Garner Gillis Harris Harrison Hine Horton Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Trulock Turner Tysinger Walker Those not voting were Senators: Barker Brannon Bryant Coleman Dawkins Greene Hill Holloway (excused conferee) Perry Starr (excused conferee) Timmons On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. 2348 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 amendments and appoints Committees of Conference to confer with like committees on the part of the Senate on the following bills of the House: 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 Speaker has appointed on the part of the House: Representatives Lee of the 72nd, Isakson of the 21st and Adams of the 36th. 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. The Speaker has appointed on the part of the House: Representatives Snow of the 1st, Karrh of the 109th and Walker of the 115th. The House adheres to its insistence in substituting and appoints Committees of Conference to confer with like committees on the part of the Senate on the following bills 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 Anno tated, relating to sexual offenses, so as to define the crime of sexual assault; to define other terms; to provide penalties; to repeal conflicting laws. The Speaker has appointed on the part of the House: Representatives Karrh of the 109th, Adams of the 16th and Byrd of the 153rd. THURSDAY, MARCH 3, 1983 2349 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. The Speaker has appointed on the part of the House: Representatives Robinson of the 58th, Lambert of the 66th and Millsaps of the 61st. The House adheres to its insistence in amending and appoints a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate: 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; to repeal conflicting laws. The Speaker has appointed on the part of the House: Representatives Birdsong of the 104th, Waldrep of the 80th and Lord of the 107th. The following local bill of the Senate was taken up for the purpose of considering the Conference Committee report thereon: 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 Conference Committee report on SB 273 was as follows: The Conference Committee on SB 273 recommends that both the Sen ate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to SB 273 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Culver Kidd Senator, 25th District /s/ James R. Walker Senator, 19th District /s/ W. F. Harris Senator, 27th District FOR THE HOUSE OF REPRESENTATIVES: /s/ Kenneth W. Birdsong Representative, 104th District /s/ Kenneth Waldrep Representative, 80th District Jimmy Lord Representative, 107th District 2350 JOURNAL OF THE SENATE Conference Committee substitute to SB 273: A BILL TO BE ENTITLED AN ACT 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; to provide for the appointment of other court personnel; to provide for filling vacancies; to provide for the compensation of the chief magistrate and other magistrates and of other court personnel; to excuse the chief magis trate from certain jury duty; to provide for reimbursing the chief magistrate and other magistrates for their costs and expenses of training; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. It is the intent of this Act to implement certain changes required by Article VI of the Constitution of the State of Georgia and au thorized by general law. Section 2. (a) The Governor, with the advice and consent of the Sena tors and Representatives of the districts in which Jones County is located, shall appoint a duly qualified person to be the chief magistrate of the Mag istrate Court of Jones County to serve for a term of office commencing July 1, 1983, and expiring February 1, 1987. Successors to such chief magistrate shall be appointed in a like manner for terms of four years. (b) Any other magistrate taking office in Jones County on July 1, 1983, shall continue in office for a term which shall expire on the date of expira tion of the term which he was serving in such other capacity. Such other magistrates shall thereafter be appointed by the chief magistrate of the Magistrate Court of Jones County for terms which expire on the date that the term of office of the chief magistrate expires. The chief magistrate shall not appoint more than four magistrates for said magistrate court. (c) The clerk of the magistrate court, constables, and other court per sonnel of the magistrate court shall be appointed by the chief magistrate; provided, however, that the number of such court personnel shall be ap proved by the governing authority of Jones County. (d) The chief magistrate appointed to the Magistrate Court of Jones County shall be exempt from jury duty in the superior court or any other court existing or which may be created or established in Jones County. Section 3. (a) A vacancy in the office of chief magistrate of the Mag istrate Court of Jones County shall be filled in the same manner as the original appointment for the remainder of the unexpired term. (b) A vacancy in the office of any other magistrate shall be filled by THURSDAY, MARCH 3, 1983 2351 appointment by the chief magistrate for the remainder of the unexpired term. Section 4. (a) The chief magistrate shall receive an annual salary of $15,000.00 which shall be paid in equal monthly installments or equal semi monthly installments, as determined by the governing authority of Jones County, from the funds of such county. On and after January 1, 1984, when the governing authority of Jones County grants a cost-of-living increase in the compensation of county employees, the average percentage by which the compensation of county employees is increased shall be applied to the then current salary of the chief magistrate, and the salary of the chief magistrate shall be increased by such average percentage. (b) The governing authority of Jones County shall fix the salaries of the other magistrates and the compensation of the clerk of the court, the consta bles, and other court personnel. Such salaries or other compensation shall not be less than the minimum wage, and such court officers and personnel shall be entitled to other benefits provided for county employees. Section 5. The costs and expenses of training required by Chapter 10 of Title 15 of the O.C.G.A. shall be paid by the chief magistrate and other magistrates of Jones County, but such officers shall be reimbursed by the governing authority of Jones County to such costs and expenses. Section 6. 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 of 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 7. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective July 1, 1983. (b) For the purpose of appointing the chief magistrate, subsection (a) of Section 2 of this Act shall become effective April 1, 1983; provided, how ever, that such officer shall not take office until July 1, 1983. Section 8. All laws and parts of laws in conflict with this Act are repealed. Senator Kidd of the 25th moved that the Senate adopt the Conference Committee report on SB 273. On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 273. 2352 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 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. Senate Sponsor: Senator Bond of the 39th. Senators Littlefield of the 6th and Bryant of the 3rd offered the following amendment: Amend HB 625 by adding on line 18 of Page 1 after the following: "foregoing;", the following: "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; to provide referendums to approve or reject such authorizations;". And by adding after line 32 of Page 16 the following: "Section 5. Said title is further amended by adding at the end of Code Section 3-3-7, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, a new subsection (k) to read as follows: '(k) (1) In all counties having a population of not less than 54,600 and not more than 56,000 according to the United States decennial cen sus of 1980 or any future such census in which the sale of alcoholic bev erages is lawful, and in all municipalities within such counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alco holic beverages for consumption on the premises if Sunday sales are ap proved in a referendum as provided in this subsection. (2) Eating establishments located in the unincorporated area of the county, in the case of the county, or eating establishments located in the corporate limits of the municipality, in the case of a municipality, shall be authorized to sell alcoholic beverages for consumption on the premises on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. As used in this paragraph, the term "eating establishment" means an estab lishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. THURSDAY, MARCH 3, 1983 2353 (3) Any governing authority desiring to permit and regulate Sunday sales shall so provide by proper resolution or ordinance. (4) Not less than ten nor more than 20 days after the date of ap proval of such resolution or ordinance, it shall be the duty of the election superintendent of the county to issue the call for an election for the pur pose of submitting the question of Sunday sales to the electors of the county for approval or rejection. The superintendent shall set the date of the election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published in the official organ of the county once a week for two weeks immediately preceding the date thereof. The ballot shall have written or printed thereon the words: "[ ] YES [ ] NO Shall the governing authority of (name of county) be au thorized to permit and regulate Sunday sales of distilled spirits or alcoholic beverages for beverage purposes by the drink?" (5) All persons desiring to vote for approval of Sunday sales shall vote "Yes," and those persons desiring to vote for rejection of Sunday sales shall vote "No." If more than one-half of the votes cast on the question are for approval of Sunday sales, the governing authority in such counties and the governing authority of all municipalities within such counties may by appropriate resolution or ordinance permit and reg ulate Sunday sales by licensees. (6) The expense of the election shall be borne by the county in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his further duty to certify the result thereof to the Secretary of State.' " And by striking on line 1 of Page 17 the following: "Section 5", and inserting in lieu thereof the following: "Section 6". And by striking from line 4 of Page 17 the following: "Section 6", and inserting in lieu thereof the following: "Section 7". On the adoption of the amendment, the yeas were 30, nays 3, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. 2354 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 Brantley Bryant Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engrain Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Kidd Land Lester Littlefield McGill McKenzie Peevy Perry Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Trulock Turner Tysinger Walker Those voting in the negative were Senators: Brown of 47th Burton Horton Huggins Kennedy Thompson Those not voting were Senators: Barker Bowen Brannon Broun of 46th Greene Hill Holloway (excused conferee) Phillips Starr (excused conferee) Timmons On the passage of the bill, the yeas were 40, nays 6. The bill, having received the requisite constitutional majority, was passed as amended. 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. Senate Sponsor: Senator Howard of the 42nd. THURSDAY, MARCH 3, 1983 2355 The report of the committee, which was favorable to the passage of the bill, was agreed to. On 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 Deal Dean English Engram Fincher Foster Garner Gillis Harris Harrison Hill Hine Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McGill Peevy Perry Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Trulock Tysinger Walker Those not voting were Senators: Brannon Broun of 46th Dawkins Greene Holloway (excused conferee) Littlefield McKenzie Phillips Starr (excused conferee) Thompson Timmons Turner On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Lester of the 23rd. 2356 JOURNAL OF THE SENATE The Senate Committee on Banking and Finance offered the following substitute to HB 440: A BILL TO BE ENTITLED AN ACT 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; to repeal the tax on bank shares; to repeal the existing tax on the net worth of state building and loan associa tions, and federal savings and loan associations; to remove the exemptions of banks, state building and loan associations, and federal savings and loan associations from the state corporate income tax, the state corporate net worth tax, the tax on intangible property, and the tax on tangible personal property; to permit municipalities and counties to levy local business license taxes upon banks, state building and loan associations, and federal savings and loan associations; to provide for additional exemptions from the tax on intangible property; to provide for a credit against state corporate income tax; to provide for legislative intent; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-6-20, relat ing to definitions pertaining to intangible personal property tax, in its en tirety and inserting in lieu thereof a new Code Section 48-6-20 to read as follows: "48-6-20. As used in this chapter, the term: (1) 'Bank' means any financial institution chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a corporate structure authorizing the issuance of capital stock. (2) 'Collateral security loan' means a loan held by any broker which represents credit extended in connection with the purchase or sale of stocks, bonds, or other securities of a like character held as collateral security for the loan. (3) 'Depository financial institution' means a 'bank' and a 'savings and loan association.' (4) 'Money' means specie, currency, and credits resulting from the deposit of money, currency, checks, bills, and other evidences of the credits. (5) 'Savings and loan association' means any financial institution, other than a credit union, chartered under the laws of this state or under the laws of the United States and domiciled in this state which is author- THURSDAY, MARCH 3, 1983 2357 ized to receive deposits in this state and which has a mutual corporate form." Section 2. Said title is further amended by striking Code Section 486-22, relating to exemptions from intangible tax, in its entirety and inserting in lieu thereof a new Code Section 48-6-22 to read as follows: "48-6-22. The tax imposed by this article shall not apply to: (1) Obligations or evidences of debt of the United States or of this state or its political subdivisions or public institutions. Such obligations and evidences of debt shall include obligations of the United States gov ernment agencies and corporations established by acts of the Congress of the United States as well as industrial development revenue bonds issued pursuant to the laws of this state; (2) Intangible personal property owned by a trust forming part of a pension, profit-sharing, or stock bonus plan exempt from federal income taxes under Section 401 of the Internal Revenue Code of 1954; (3) Intangible personal property owned by or irrevocably held in trust for the exclusive benefit of a religious, educational, or charitable institution, no part of the net profit from the operation of which inures to the benefit of any private person; (4) Intangible personal property owned by a person domiciled in this state which has acquired a taxable situs and is subjected to tax in an other state incident to the conduct of business located in the other state; (5) Common voting stock of a subsidiary corporation not doing busi ness in this state if at least 90 percent of the common voting stock is owned by a domestic corporation with its principal place of business in this state and was acquired or is held for the purpose of enabling the parent company to carry on some part of its established line of business through the subsidiary; (6) Stock of a corporation organized under the laws of this state if the corporation pays all taxes in this state as provided by law. For pur poses of this paragraph, the term 'corporation' also means any depository financial institution; (7) Stock of a domesticated foreign corporation if the corporation pays to this state or its political subdivisions all taxes as provided by law; (8) Assets representing mandatory reserve requirements imposed, by statute or otherwise, on depository financial institutions subject to the tax on intangible property; (9) Stock of the Federal Reserve Bank, the Government National Mortgage Association, the Federal National Mortgage Association, and other corporations and associations established by acts of the Congress of the United States; (10) Mandatory deposits with the Federal Reserve Bank or others required by statute or regulations; 2358 JOURNAL OF THE SENATE (11) Federal or correspondent funds sold and securities and other intangible assets purchased under agreements to resell to the extent they are offset by federal or correspondent funds purchased and securities and other intangible assets sold under agreements to repurchase; (12) Customer's liabilities to depository financial institutions on ac ceptances outstanding to the extent they are offset by liabilities of de pository financial institutions on acceptances executed and outstanding; (13) Receivables arising from the lease of tangible personal prop erty, provided that tangible property tax is due upon such property; (14) Intercompany loans or advances from a parent corporation to a subsidiary, or vice versa, or from one subsidiary to another subsidiary, provided that the parent corporation owns, either directly or through other subsidiaries, more than 90 percent of the common voting stock of any subsidiary which is a party to any such transaction; and (15) Intangible personal property owned by an international banking agency or domestic international banking facility licensed to do business in this state." Section 3. Said title is further amended by striking Code Section 486-23, relating to intangible tax rates, in its entirety and inserting in lieu thereof a new Code Section 48-6-23 to read as follows: "48-6-23. (a) A property tax is levied annually as of January 1 of each year at the following rates: (1) Ten cents upon each $1,000.00 of the fair market value of all personal property classified for taxation as intangible personal property in Code Section 48-6-21. The tax is not levied by this paragraph on in tangible personal property classified as collateral security loans, longterm notes secured by real estate, or stocks, bonds, and debentures; (2) Twenty-five cents upon each $1,000.00 of the fair market value of all collateral security loans; (3) One dollar upon each $1,000.00 of the fair market value of all stocks in all corporations except those specifically exempted by law; and (4) One dollar upon each $1,000.00 of the fair market value of all bonds and debentures of all corporations. The tax rate upon notes of cor porations, other than long-term notes secured by real estate, shall be the rate specified in paragraph (1) of subsection (a) of this Code section, regardless of the maturity date of any such note or notes. (b) Long-term notes secured by real estate, as defined in Article 3 of this chapter, shall be recorded and taxed as provided in Article 3 of this chapter. Section 4. Said title is further amended by striking subsection (b) of Code Section 48-6-63, relating to taxation of short-term notes, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: "(b) Nothing contained in this Code section shall be construed to THURSDAY, MARCH 3, 1983 2359 require the payment of ad valorem taxes on short-term notes by any in stitutions exempted by Article 2 of this chapter." Section 5. Said title is further amended by striking Code Section 486-90, relating to bank taxation, in its entirety and inserting in lieu thereof a new Code Section 48-6-90 to read as follows: "48-6-90. Except as is otherwise provided in this title, depository financial institutions shall be subject to all forms of state and local taxa tion in the same manner and to the same extent as other business corpo rations in Georgia." Section 6. Said title is further amended by striking Code Section 486-91, relating to building and loan and savings and loan association taxa tion, in its entirety and inserting in lieu thereof a new Code Section 48-6-91 to read as follows: "48-6-91. (a) Except as is otherwise provided in this title, depository financial institutions organized under the laws of any state other than the State of Georgia, of the United States and domiciled outside of Georgia, or of any foreign government, and which maintains a place of business within this state shall be subject to state and local taxation in the same manner and to the same extent as foreign corporations authorized to do business in this state. (b) Domestic international banking facilities operating in this state pursuant to Article 5A of Chapter 1 of Title 7, the 'Domestic Interna tional Banking Facility Act' and engaging only in those activities author ized pursuant to that Act shall not be deemed to maintain a place of business in this state and shall not be subject to any state or local tax, license, or fee solely because of such activities. Section 7. Said title is further amended by striking Code Section 486-92, which reads as follows: "48-6-92. (a) Banks chartered under the laws of this state and building and loan associations organized under the laws of this state which accept funds for deposit and submit to examination by the com missioner of banking and finance, and banks and savings and loan as sociations chartered under the laws of the United States shall be taxed as provided in this article. Neither such banks nor such building and loan associations nor international banking corporations and international bank agencies authorized to conduct business in this state under Georgia law nor their assets shall be subject to Article 2 of this chapter. (b) Nothing contained in this Code section shall be construed to ex empt from Article 2 of this chapter any person licensed to conduct a small loan business pursuant to Chapter 3 of Title 7.", in its entirety and inserting in its place the following: "48-6-92. Reserved." Section 8. Said title is further amended by striking Code Section 48- 2360 JOURNAL OF THE SENATE 6-93, relating to taxation of certain intangibles, in its entirety and inserting in lieu thereof a new Code Section 48-6-93 to read as follows: "48-6-93. (a) Municipalities and counties may each levy and collect a business license tax from depository financial institutions located within their respective jurisdiction at a rate not to exceed 0.25 percent of the gross receipts, as defined and allocated in this Code section, of said de pository financial institutions. Municipalities and counties may provide that the minimum annual amount of such levy upon any depository financial institution shall be not more than $1,000.00. (b) (1) For purposes of this Code section, 'gross receipts' means the total amount of revenue generated from the sources itemized below dur ing the calendar year immediately preceding the date on which the tax authorized by this Code section shall be due. Before determining gross receipts there shall be deducted: (A) An amount equal to the amount of interest paid on all liabilities for the period; (B) An amount equal to income derived from the authorized activi ties of any domestic international banking facility operating pursuant to Article 5A of Chapter 1 of Title 7, the 'Domestic International Banking Facility Act'; (C) An amount equal to any income arising from the conduct of a banking business with persons or entities located outside of the United States, its territories, or possessions; (D) An amount equal to a depository financial institution's gross in come which is taxed under the tax laws of a state other than Georgia; and (E) To the extent that any deductions are made pursuant to subparagraphs (B), (C), and (D) of this subsection, any deductions taken under subparagraph (A) of this subsection shall be reduced by the same pro portion that the deductions in subparagraphs (B) through (D) of this subsection bear to the gross receipts of the depository financial institution as calculated before making any deductions pursuant to subparagraphs (A) through (D) above. (2) The items to be included in the calculation of gross receipts with respect to banks are as follows: (A) Interest and fees on loans; (B) Interest on balances with other depository financial institutions; (C) Interest on federal or correspondent funds sold and securities purchased under agreement to resell; (D) Interest on other bonds, notes, and debentures, excluding inter est on obligations of the State of Georgia or its political subdivisions and obligations of the United States; (E) Dividends on stock; THURSDAY, MARCH 3, 1983 2361 (F) Income from direct lease financing; (G) Income from fiduciary activities; (H) Service charges on deposit accounts; (I) Other service charges, commissions, and fees; and (J) Other income. (3) The items to be included in the calculation of gross receipts with respect to savings and loan associations are as follows: (A) Interest on mortgage loans; (B) Interest on mortgages, participations, or mortgage-backed securities; (C) Interest on real estate sold on contract; (D) Discounts on mortgage loans purchased; (E) Interest on other loans, excluding interest on obligations of the State of Georgia or its political subdivisions and obligations of the United States; (F) Interest and dividends on investments and deposits; (G) Loan fees; (H) Loan servicing fees; (I) Other fees and charges; (J) Gross income from real estate owned operations; (K) Net income from office building operations; (L) Gross income from real estate held for investment; (M) Net income from service corporations and subsidiaries; (N) Miscellaneous operating income; (O) Profit on sale of real estate owned, investment securities, loans, and other assets; and (P) Miscellaneous nonoperating income. (c) Every depository financial institution subject to the tax author ized by this Code section shall file a return of its gross receipts with each applicable jurisdiction levying such tax by March 1 of the year following the year in which such gross receipts are measured. Said return shall be in the manner and in the form prescribed by the commissioner based on the allocation method set forth in subsection (d) of this Code section. The return shall provide the information necessary to determine the por tion of the taxpayer's total gross receipts to be allocated to each taxing 2362 JOURNAL OF THE SENATE jurisdiction in which such institution has a place of business. Each taxing jurisdiction which has enacted a business license tax pursuant to subsec tion (a) of this Code section shall assess and collect said tax based upon the information provided in the returns. (d) The total gross receipts generated in this state by a depository financial institution subject to any tax authorized by this Code section shall be allocated among separate taxing jurisdictions as follows: (1) If a depository financial institution shall have an office or a place of business in more than one municipality, the amount of gross receipts taxable by each municipality shall be the amount of gross receipts attrib utable to such offices or places of business as of December 31 of the year in which gross receipts are measured; and (2) If a depository financial institution shall have an office or a place of business in more than one county, the amount of gross receipts taxable by each county shall be the amount of gross receipts attributable to such offices or places of business as of December 31 of the year in which gross receipts are measured; and (3) In determining the amount of 'gross receipts' attributable to each location, 20 percent of the gross receipts shall be attributable to the parent bank. The remaining 80 percent of gross receipts shall be attribu table to branch banks and bank offices, pro rata according to the number of such branch banks and bank offices, with none of the gross receipts attributable to bank facilities or other outlets not considered to be a par ent bank, branch bank, or bank office. The terms 'parent bank,' 'branch bank,' and 'bank office' as used in this Code section mean those same terms as defined in Chapter 1 of Title 7, the 'Financial Institutions Code of Georgia.' If there are fewer than five branch banks or bank offices in addition to the parent bank, the amount of gross receipts attributable to each such parent bank, branch bank, or bank office shall be determined by dividing the total gross receipts by the aggregate number of such out lets. For purposes of this distribution formula only, the term 'bank' also means a savings and loan association. (e) Any tax paid by a depository financial institution pursuant to this Code section and Code Section 48-6-95 shall be credited dollar for dollar against any state corporate income tax liability of such institution for the tax year during which any business and occupation tax authorized by this Code section is paid. Such credit shall be subject to the provisions contained in paragraph (11) of subsection (b) of Code Section 48-7-21. (f) Except as authorized by this Code section, no municipality or county shall levy any form of business license tax, fee, franchise, or occu pation tax on any depository financial institution." Section 9. Said title is further amended by striking Code Section 486-95, which reads as follows: "48-6-95. The commissioner may promulgate rules and regulations to require state and national banking associations, federal savings and loan associations, and state building and loan associations to file informa- THURSDAY, MARCH 3, 1983 2363 tion returns with respect to state income taxes and other forms of taxation.", in its entirety and inserting in its place a new Code section 48-6-95 to read as follows: "48-6-95. (a) There is imposed a special state occupation tax on each depository financial institution located in this state. The rate of this tax shall be 0.25 percent of the gross receipts, as defined in subsection (b) of Code Section 48-6-93, of the depository financial institution. This tax shall be in addition to any and all other taxes to which such de pository financial institution is subject. (b) Each depository financial institution shall file with the commis sioner a return of its gross receipts by March 1 of the year following the year in which such gross receipts are measured. Said return shall be in the manner and in the form prescribed by the commissioner. The tax imposed by this Code section shall be paid to the commissioner at the time of riling the return. (c) The commissioner shall make an annual report to the Governor and to the chairmen of the House and Senate Appropriations Commit tees of the amount of special state occupation tax on depository financial institutions collected." Section 10. Said title is further amended by adding new Code Sec tions 48-6-96 through 48-6-98 to read as follows: "48-6-96. No depository financial institution shall be deprived of the benefit of any exemption, deduction, or credit authorized by law as a consequence of its election to file otherwise lawful consolidated returns with its parent organization or any corporate subsidiaries with respect to any state or local tax levied against such depository financial institution. 48-6-97. Except as otherwise provided by law, credit unions organ ized under the provisions of Chapter 1 of Title 7, of 'Financial Institu tions Code of Georgia' shall be subject to all forms of state and local government taxation authorized by the Congress of the United States for the taxation of federally chartered credit unions on January 1, 1984. It is the intent of the General Assembly of the State of Georgia that credit unions organized under the laws of this state and credit unions organized under the laws of the United States and domiciled within this state be subject to the same degree of taxation whether by the state or any of its political subdivisions in which such credit union maintains a place of business. It is further the intent of the General Assembly that in the event the Congress of the United States should change the manner in which federally chartered credit unions may be taxed by state and local governments, then to the extent that state legislative authority is not pre empted by the Congress, state-chartered credit unions and federally chartered credit unions operating in this state shall be taxed to the same extent and in the same manner as state-chartered savings and loan as sociations operating in this state. 48-6-98. It is the intent of the General Assembly of the State of Georgia that depository financial institutions shall be taxed in the same 2364 JOURNAL OF THE SENATE manner and to the same extent for purposes of state taxation. It is the further intent of the General Assembly of Georgia that depository financial institutions shall be taxed in the same manner and to the same extent by the individual political subdivisions in which they have an office or place of business; provided, however, that the following distinctions shall be made to recognize differences between banks and savings and loan associations: (1) Any appropriate distinctions made elsewhere in this chapter, and specifically the following: (2) For a period of three years from January 1, 1984, the aggregate gross receipts taxes payable by any savings and loan association under the provisions of this chapter shall not be in excess of an amount that would be raised by a current ad valorem tax imposed upon the net worth of said association. As used in this chapter, the term 'net worth' means all surplus, undivided profits, and reserves exclusive of any reserve re quired by any federal or state statute or regulation in force as of January 1, 1980, which statute or regulation is applicable to such federal or statechartered association, and minus the fair market value of all real estate or equity therein owned by the association. (3) Savings and loan associations which have been in existence for ten years or more and which hold a first mortgage loan portfolio equal to 75 percent or more of the total assets of the association shall not be liable to pay the gross receipts taxes provided by this chapter, but in lieu thereof shall pay an amount that would be raised by an ad valorem tax imposed upon the net worth of said association. As used in this chapter, the term 'net worth' means all surplus, undivided profits, and reserves exclusive of any reserve required by any federal or state statute or regu lation in force as of January 1, 1980, which statute or regulation is appli cable to such federal or state-chartered association, and minus the fair market value of all real estate or equity therein owned by the association." Section 11. Said title is further amended by striking Code Section 487-21, relating to corporate income tax, in its entirety and inserting in lieu thereof a new Code Section 48-7-21 to read as follows: "48-7-21. (a) Every domestic corporation and every foreign corpora tion shall pay annually an income tax equivalent to 6 percent of its Geor gia taxable net income. Georgia taxable net income of a corporation shall be the corporation's taxable income from property owned or from busi ness done in this state. A corporation's taxable income from property owned or from business done in this state shall consist of the corpora tion's taxable income as defined in the Internal Revenue Code of 1954, with the adjustments provided for in subsection (b) of this Code section and allocated and apportioned as provided in Code Section 48-7-31. (b) (1) (A) When interest income is derived from obligations of any state or political subdivision except this state and political subdivisions of this state, the interest income shall be added to taxable income to the extent that the interest income is not included in gross income for federal income tax purposes. Interest or dividends on obligations of any author- THURSDAY, MARCH 3, 1983 2365 ity, commission, instrumentality, territory, or possession of the United States which by the laws of the United States are exempt from federal income tax but not from state income tax shall also be added to taxable income. (B) There shall be subtracted from taxable income interest or divi dends on obligations of the United States and its territories and posses sions or of any authority, commission, or instrumentality of the United States to the extent such interest or dividends are includable in gross income for federal income tax purposes but exempt from state income taxes under the laws of the United States. There shall also be subtracted from taxable income any income derived from the authorized activities of a domestic international banking facility operating pursuant to the provi sions of Article 5A of Chapter 1 of Title 7, the 'Domestic International Banking Facility Act' and any income arising from the conduct of a banking business with persons or entities located outside the United States, its territories, or possessions. Any amount subtracted pursuant to this subparagraph shall be reduced by any expenses directly attributable to the production of the interest or dividend income. (2) There shall be added to taxable income any taxes on, or mea sured by, net income or net profits paid or accrued within the taxable year imposed by the authority of the United States or any foreign coun try, or by any state, territory, county, school district, municipality, or other tax subdivision of any state, territory, or foreign country to the extent such taxes are deducted in determining federal taxable income. (3) No portion of any deductions or losses which occurred in a year in which the taxpayer was not subject to taxation in this state including, but not limited to, net operating losses may be deducted in any tax year. When the federal adjusted gross income or net income of a corporation includes such deductions or losses, an adjustment deleting them shall be made under rules established by the commissioner. The provisions of this subsection shall not prohibit the carry-over of any deductions or losses including, but not limited to, net operating losses of any taxpayer which were incurred in a year or years in which the taxpayer was subject to methods of taxation in this state other than the corporate income tax. (4) Income, losses, and deductions previously used in computing Georgia taxable income shall not again be used in computing Georgia taxable income. The commissioner shall provide for needed adjustments by regulation. (5) (A) Any gain not recognized pursuant to Section 337 of the In ternal Revenue Code of 1954 shall be recognized. To the extent that a corporation incurs a Georgia income tax liability by reason of the recog nition of the gains, the Georgia income tax liability attributable to the gains shall be allowed as a credit against the Georgia income tax liability of each common stockholder of the corporation in an amount which bears the same ratio to the Georgia income tax liability as the liquidation dis tribution received or receivable by the common stockholder bears to the liquidation distribution received or receivable by all common stockhold ers. The credit shall be allowable only in the taxable year or years of each stockholder in which the liquidation distribution is received and 2366 JOURNAL OF THE SENATE shall be limited to the amount of Georgia income tax liability, if any, of the stockholders for such year or years as computed before application of the credit provided by this Code section and before the application of any credits for withholding or estimated tax payments. (B) A corporation having a net gain which is not recognized for fed eral income taxation under Section 337 of the Internal Revenue Code of 1954 but which is added to Georgia taxable income under this chapter shall be allowed a deduction of one-half of the net gain but not more than one-half of the amount which would be treated under the Internal Revenue Code of 1954 as the excess of the net long-term capital gain for the taxable year over the net short-term capital loss for the year if it were not for Section 337 of the Internal Revenue Code of 1954. (6) When on the sale or exchange of real or tangible personal prop erty located in this state gain or loss is not recognized because the tax payer receives or purchases similar property, the nonrecognition shall be allowed only when the property is replaced with property located in this state. (7) This article shall not be construed to repeal any tax exemptions contained in other laws of this state not referred to in this article. Those exemptions and the exemptions provided for by federal law and treaty shall be deducted on forms provided by the commissioner. (8) All elections made by corporate taxpayers under the Internal Revenue Code of 1954 shall also apply under this article except elections involving consolidated corporate returns and subchapter 'S' elections which shall be treated as follows: (A) (i) If two or more corporations file federal income tax returns on a consolidated basis and all of the corporations derive all of their in come from sources within this state, the corporations must file consoli dated returns for Georgia income tax purposes. Affiliated corporations which file a consolidated federal income tax return but which derive in come from sources outside this state must file separate income tax re turns with this state unless they have prior approval or have been re quested to file a consolidated return by the department; and (ii) No depository financial institutions, as defined in Code section 48-6-20, shall be deprived of the benefit of any exemption, deduction, or credit authorized by this title as a consequence of its election to file oth erwise lawful consolidated returns with its parent organization or any corporate subsidiaries with respect to any state or local tax levied against such depository financial institution as a result of this title. (B) Subchapter 'S' elections apply only if all stockholders are sub ject to tax in this state on their portion of the corporate income. If all nonresident stockholders pay the Georgia income tax on their portion of the corporate income, the election shall be allowed. (9) There shall be subtracted from taxable income dividends re ceived by: (A) A corporation from sources outside the United States as defined THURSDAY, MARCH 3, 1983 2367 in the Internal Revenue Code of 1954. The amount subtracted under this subparagraph shall be reduced by any expenses directly attributable to the dividend income; (B) Corporations from affiliated corporations within the United States, when the corporation receiving the dividends is engaged in busi ness in this state and is subject to the payment of taxes under the income tax laws of this state, to the extent that the dividends have been included in net income under this Code section. Dividends from affiliates shall be reduced by any expenses directly attributable to the dividend income. (10) Where a corporation's salary and wage deductions are reduced in computing federal taxable income because the corporation has taken a federal jobs tax credit which required, as a condition to using the federal jobs tax credit, the elimination of salary and wage deductions, the elimi nated salary and wage deductions shall be subtracted from taxable income. (11) There shall be a dollar-for-dollar credit against the state in come tax liability of depository financial institutions which shall be equal to the amount of taxes, if any, paid by such taxpayers pursuant to Code Section 48-6-93 and Code Section 48-6-95. If the liability of any such institutions under the taxes authorized by Code Section 48-6-93 and Code Section 48-6-95 exceeds the corporate income tax liability of such institution for any year, the amount of any unused credit under this Code section may be credited over a period of five years from the tax year in which the unused credit arose." Section 12. Said title is further amended by striking subsection (a) of Code Section 48-7-25, relating to organizations exempted from corporate income tax, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) The following organizations shall be exempt from taxation im posed by Code Section 48-7-21 unless the exemption is denied under sub section (b) or (c) of this Code section: (1) Those organizations described by Section 501(c), 501(d), 501(e), 664, or 401 of the Internal Revenue Code of 1954. Organizations described in this paragraph shall be exempt from taxation for state pur poses in the same manner and to the same extent as for federal purposes; and (2) Insurance companies which pay to the state a tax upon premium income. Section 13. Said title is further amended by striking Code Section 4813-71, relating to exemptions from corporate net worth tax, in its entirety and inserting in lieu thereof a new Code Section 48-13-71 to read as follows: "48-13-71. The following are exempt from the payment of the tax imposed by this article: (1) Those organizations not organized for pecuniary gain or profit; and 2368 JOURNAL OF THE SENATE (2) Insurance companies which are separately taxed. Section 14. This Act shall become effective on January 1, 1984, and it shall be repealed on December 31, 1986. The commissioner of the Depart ment of Banking and Finance shall prepare a report during 198S for submis sion to the Governor and the General Assembly analyzing the fiscal impact of this Act. Section 15. In the event that subsection (e) of Code Section 48-6-93 or paragraph (11) of subsection (b) of Code Section 48-7-21 is declared or adjudged invalid or unconstitutional, it is the intent of the General Assem bly that this entire Act also be held invalid and that the methods of taxation of subjects affected by this Act revert to those methods in force immediately prior to the effective date of this Act. In the event that any section, subsec tion, sentence, clause, or phrase of this Act other than those described above 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 of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged in valid or unconstitutional were not originally a part hereof. Except as other wise provided in this section, the General Assembly declares that it would have passed the remaining parts of this Act if it had known that any part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 16. 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 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: 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 Harris Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry Phillips THURSDAY, MARCH 3, 1983 2369 Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Those not voting were Senators: Allgood Brannon Greene Harrison Littlefield Starr (excused conferee) Walker On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Coggin of the 35th moved that the Senate insist upon the Senate substi tute to HB 530. On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 530. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: 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. Senate Sponsor: Senator Coggin of the 35th. 2370 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 Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal Dean English Engram Fincher Foster Garner Gillis Harris Harrison Hill Hine Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker Those not voting were Senators: Allgood Brannon Dawkins Greene Holloway (excused conferee) Littlefield Scott of 43rd Timmons On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Allgood of the 22nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. THURSDAY, MARCH 3, 1983 2371 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 Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal Dean English 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 Bond Bowen Brannon Broun of 46th Coverdell Engram On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. 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". Senate Sponsor: Senator Bond of the 39th. The Senate Committee on Governmental Operations offered the following amendment: Amend HB 348 by striking from Page 9, line 14, the word "Advisory" and inserting in lieu thereof the following: "Advisory-". 2372 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 1, nays 37, and the amendment was lost. Senators Bond of the 39th, Barnes of the 33rd, Dean of the 31st and Kidd of the 25th offered the following substitute to HB 348: A BILL TO BE ENTITLED AN ACT To amend Chapter 19 of Title 45 of the Official Code of Georgia Anno tated, relating to labor practices, so as to revise extensively and supersede existing provisions of Article 2 of said chapter, known as the "Fair Employ ment Practices Act of 1978;" to change the definition of public employer and employer; to change the name of the Fair Employment Practices Advi sory Board; to change the provisions relating to the membership and officers of the board; to change the provisions relating to the administrator and the administrator's powers and duties; to change certain time periods; to change the provisions relating to practices and procedures; to provide for records; to provide for jurisdiction; to prohibit certain actions; to provide for other mat ters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 19 of Title 45 of the Official Code of Georgia An notated, relating to labor practices, is amended by striking Article 2, known as the "Fair Employment Practices Act of 1978," in its entirety and substi tuting in lieu thereof a new Article 2 to read as follows: "ARTICLE 2 45-19-20. This article shall be known and may be cited as the 'Fair Employment Practices Act of 1978.' 45-19-21. (a) The general purposes of this article are: (1) To provide for execution within public employment in the state of the policies embodied in Title VII of the federal Civil Rights Act of 1964 (78 Stat. 241), as amended by the Equal Employment Opportunity Act of 1972 (86 Stat. 103), as from time to time amended, the federal Age Discrimination in Employment Act of 1967 (81 Stat. 602), as from time to time amended, and the federal Rehabilitation Act of 1973 (87 Stat. 355), as from time to time amended; (2) To safeguard all individuals in public employment from discrim ination in employment; (3) To promote the elimination of discrimination against all individ uals in public employment because of such individuals' race, color, reli gion, national origin, sex, handicap, or age thereby to promote the pro tection of their interest in personal dignity and freedom from humiliation; to make available to the state their full productive capaci ties; to secure the state against domestic strife and unrest which would THURSDAY, MARCH 3, 1983 2373 menace its democratic institutions; to preserve the public safety, health, and general welfare; and to further the interests, rights, and privileges of individuals within the state. (b) This article shall be broadly construed to further the general purposes stated in this Code section and the special purposes of the par ticular provision involved. (c) Nothing in this article shall be construed as indicating an intent to exclude local or federal laws on the same subject matter, which laws are not inconsistent with this article. (d) Nothing contained in this article shall be deemed to repeal any other nonconflicting law of this state relating to discrimination because of race, color, religion, national origin, sex, handicap, or age. 45-19-22. As used in this article, the term: (1) 'Administrator' means the administrator of the Office of Fair Employment Practices provided for by Code Section 45-19-24. (2) 'Board' means the Fair Employment Practices Board created by Code Section 45-19-23. (3) 'Discrimination' means any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treat ment of a person or persons because of race, color, religion, national ori gin, sex, handicap, or age or the aiding, abetting, inciting, coercing, or compelling of such an act or practice. This term shall not include any direct or indirect act or practice of exclusion, distinction, restriction, seg regation, limitation, refusal, denial, or any other act or practice of differ entiation or preference in the treatment of a person or persons because of religion if an employer demonstrates that the employer is unable to ac commodate reasonably an employee's or prospective employee's religious observation or practice without undue hardship on the conduct of the employer's operation. (4) 'Handicap' means a physical or mental impairment which sub stantially limits one or more of a person's major life activities, unless an employer demonstrates that the employer is unable to accommodate rea sonably to an employee's or prospective employee's handicap without un due hardship on the conduct of the employer's operation. (5) 'Public employer' or 'employer' means any department, board, bureau, commission, authority, or other agency of the state which em ploys 15 or more employees within the state for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. A person elected to public office in this state is a public employer with respect to persons holding positions or individuals applying for positions which are subject to the State Merit System of Personnel Administration or any personnel merit system of any agency or authority of this state. A person elected to public office in this state is not a public employer with respect to persons holding positions or individuals applying for positions 2374 JOURNAL OF THE SENATE on such officer's personal staff or on the policy-making level or as imme diate advisors with respect to the exercise of the constitutional or legal powers of the office held by such officer. The term 'public employer' shall include the State Merit System of Personnel Administration whether or not such agency is the immediate employer of the party or parties claim ing to be aggrieved. (6) 'Public employment' means employment by any department, board, bureau, commission, authority, or other agency of the State of Georgia. (7) 'Religion' means all aspects of religious observance and practice as well as belief. (8) 'Unlawful practice' means an act or practice declared to be an unlawful practice in Code Sections 45-19-29 through 45-19-31, 45-19-32, or 45-19-45. 45-19-23. (a) A Fair Employment Practices Board is created. The board shall consist of nine persons. Subject to confirmation by the Sen ate, the members of the board shall be appointed by the Governor for three-year terms, except as hereafter provided. Of the Governor's initial appointments, there shall be for one-year terms, three shall be for twoyear terms, and three shall be for three-year terms. In the event of a vacancy during the term of any member appointed by the Governor whether by reason of death, resignation, or otherwise, the appointment of a successor by the Governor shall be only for the remainder of the unexpired term. The membership of the board shall be representative of a fair and reasonable cross section of the population of the state and onethird of the members shall have experience in labor or Title VII law enforcement, or other legal human rights experience. (b) The board shall annually elect a chair and such other officers as it deems appropriate and shall meet at least three times a year at a time and place specified in writing by the administrator. The board may also meet from time to time upon its own motion, as deemed necessary by a majority of the members thereof, for the purposes of conducting routine or special business. Each member of the board shall serve without pay; but the members who are not otherwise state officials or employees shall receive a per diem of $44.00 for each day said members are engaged in their official duties plus the legal mileage allowance authorized for state employees for the use of their personal automobiles while engaged in the official duties of the board. (c) The board shall make a written report to the Governor and to the General Assembly by December 31 of each year. Such report shall advise the Governor and the members of the General Assembly of the board's activities and the administration of this article and shall make such recommendation for change, if any, as the board deems proper. (d) The board shall assist the administrator of the Office of Fair Employment Practices in an advisory capacity in carrying out the duties and functions of the office including but not limited to matters relating to fair employment practices and the effectiveness of the state programs and operations. THURSDAY, MARCH 3, 1983 2375 (e) The board shall establish and certify to the Governor at the be ginning of each fiscal year a list of not less than 12 persons, including females and minorities, licensed to practice law in Georgia, who have experience in labor law, in employment law, or administrative law, for which list the Governor may select, on the basis of rotation in sequential order, special masters as provided for in Code Section 45-19-37. The board may from time to time certify to the Governor additional persons to be added to the aforementioned list. 45-19-24. There is created the Office of Fair Employment Practices. The Governor shall appoint an administrator of the Office of Fair Em ployment Practices who shall serve at the pleasure of the Governor. The Office of Fair Employment Practices shall be attached to the office of the Governor for administrative purposes only. 45-19-25. The function of the administrator shall be to encourage fair treatment for public employees and to discourage unlawful discrimi nation in public employment. 45-19-26. The Attorney General shall be the legal adviser for the administrator. 45-19-27. In the enforcement of this article the administrator shall have the following powers and duties: (1) To maintain an office in the City of Atlanta and such other of fices within the state as the administrator may deem necessary; (2) To meet and exercise the administrator's powers at any place within the state; (3) Within the limitations provided by law, to appoint clerks and other employees and agents as the administrator may deem necessary, to include employees and agents to represent complainants at special master hearings as provided in Code Section 45-19-37; (4) To cooperate with individuals and with state, local, and other agencies, both public and private, and to obtain upon request and utilize the services of all governmental departments and agencies; (5) To cooperate with the United States Equal Employment Oppor tunity Commission created by Section 705 of the Civil Rights Act of 1964 (78 Stat. 241), as amended, and with other federal and local agen cies in order to achieve the purposes of that act; and to cooperate with other federal and local agencies in order to achieve the purposes of this article; (6) To accept gifts, bequests, grants, or other public or private pay ments on behalf of the state and to pay such moneys into the state treasury; (7) To accept on behalf of the state reimbursement pursuant to Sec tion 709(b) of the Civil Rights Act of 1964 (78 Stat. 241), as amended, for services rendered to assist the United States Equal Employment Op portunity Commission; 2376 JOURNAL OF THE SENATE (8) To receive, initiate, investigate, seek to conciliate, and make de terminations regarding complaints alleging violations of this article and to approve or disapprove plans required by the Governor to eliminate or reduce imbalance in employment with respect to race, color, handicap, religion, sex, national origin, or age; (9) To furnish technical assistance requested by persons subject to this article to further their compliance with this article or an order issued thereunder; (10) To investigate and make studies, subject to approval by the Governor, of unlawful practices in public employment and, in connection therewith, to hold hearings, to request the attendance of persons to give testimony, to receive for the record at any such hearings written state ments, documents, exhibits, and other items pertinent to the subject mat ter of any such hearing, and, following any such investigation or hearing, to issue such report and recommendations as will in its opinion assist in carrying out the purposes of this article; (11) To require answers to interrogatories, examine witnesses, and require the production of documents so long as it is relevant to the inves tigation of a complaint; (12) To render written reports to the Governor and the General As sembly. The reports may contain recommendations of the administrator for legislative or other action to effectuate the purposes and policies of this article; (13) To make provision for technical and clerical assistance to the Fair Employment Practices Board; (14) To adopt, promulgate, amend, and rescind, subject to approval of the board and the Governor and after giving proper notice and hearing to all public employers pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such rules and regulations as may be necessary to carry out the provisions of this article, including regulations requiring the posting or inclusion in advertising material of notices pre pared or approved by the administrator and regulations regarding the filing, approval, or disapproval of plans to eliminate or reduce imbalance in employment with respect to race, color, handicap, religion, sex, na tional origin, or age; (15) To cooperate with other organizations, public and private, to discourage unlawful practices and discrimination in employment; (16) To maintain with the United States Equal Employment Oppor tunity Commission status as a 'deferral agency' under Section 706 of the Civil Rights Act of 1964 (78 Stat. 241), as amended, as provided by the rules and regulations of said commission or as a 'referral agency' under Section 709 of the Civil Rights Act of 1964 (78 Stat. 241), as amended; and (17) To require, pursuant to rules and regulations promulgated by the administrator under the authority of paragraph (14) of this Code section, from any state agency or department such reports and informa- THURSDAY, MARCH 3, 1983 2377 tion at such times as it may deem reasonably necessary to carry out the purposes of this article. 45-19-28. The provisions of this article relating to discrimination in employment on the basis of age shall apply only to individuals who are at least 40 years of age but less than 70 years of age. 45-19-29. It is an unlawful practice for any employer: (1) To fail or refuse to hire, to discharge, or otherwise to discrimi nate against any individual with respect to the individual's compensation, terms, conditions, or privileges of employment because of such individ ual's race, color, religion, national origin, sex, handicap, or age; (2) To limit, segregate, or classify their employees in any way which would deprive or tend to deprive an individual of employment opportuni ties or otherwise adversely affect an individual's status as an employee because of such individual's race, color, religion, national origin, sex, handicap, or age; or (3) To hire, promote, advance, segregate, or affirmatively hire an individual solely because of race, color, religion, national origin, sex, handicap, or age, but this paragraph shall not prohibit an employer from voluntarily adopting and carrying out a plan to fill vacancies or hire new employees in a manner to eliminate or reduce imbalance in employment with respect to race, color, handicap, religion, sex, national origin, or age if the plan has first been filed with the administrator for review and com ment for a period of not less than 30 days. 45-19-30. It is an unlawful practice for an employer controlling ap prenticeship or other training or retraining including on-the-job training programs to discriminate against an individual because of such individ ual's race, color, religion, national origin, sex, handicap, or age in admis sion to or employment in any program established to provide apprentice ship or other training or to discriminate by allowing admission or promotion to an apprenticeship or training program solely because of race, color, religion, national origin, sex, handicap, or age. 45-19-31. It is an unlawful practice for an employer to print or pub lish or cause to be printed or published a notice or advertisement relating to employment by such an employer indicating any preference, limita tion, specification, or discrimination based on race, color, religion, na tional origin, sex, handicap, or age, except that such a notice or adver tisement may indicate a preference, limitation, or specification based on race, color, religion, national origin, sex, handicap, or age when religion, national origin, sex, handicap, or age is a bona fide occupational qualifi cation for employment. 45-19-32. It is an unlawful practice for a party to a conciliation agreement made pursuant to subsection (d) of Code Section 45-19-36 to violate the terms of the agreement. 45-19-33. It is not an unlawful practice for an employer to apply different standards of compensation or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit sys- 2378 JOURNAL OF THE SENATE tern, or a system which measures earnings by quantity or quality of pro duction, or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, national origin, sex, handicap, or age; nor is it an unlawful practice for an employer to give and to act upon the results of any professionally developed ability test, provided that such test, its ad ministration, or action upon the results thereof is not designated, in tended, or used to discriminate because of race, color, religion, national origin, sex, handicap, or age. 45-19-34. It is not an unlawful practice for an employer to hire and employ employees or to select an individual in any training program on the basis of religion or national origin in those certain instances where religion or national origin is a bona fide occupational qualification rea sonably necessary to the normal functions of that particular employer's responsibilities. 45-19-35. (a) Quotas because of imbalances in employee ratios shall not be permitted. (b) Nothing contained in this article requires an employer to grant preferential treatment to an individual or to a group because of the race, color, religion, national origin, sex, handicap, or age of the individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, na tional origin, sex, handicap, or age in the state or a community, section, or other area or in the available work force in the state or a community, section, or other area. (c) It is specifically provided that neither subsection (a) nor (b) of this Code section nor any other provision of this article shall prohibit an employer from adopting or carrying out a plan to fill vacancies or hire new employees in a manner to eliminate or reduce imbalance in employ ment with respect to race, color, handicap, religion, sex, national origin, or age if such plan is required by the Governor and filed with and ap proved by the administrator prior to its final adoption and implementation. (d) Nothing contained in this article prohibits: (1) Minimum hiring ages otherwise provided by law; (2) State compliance with federal regulations; (3) Termination of the employment of any person who is unable or incompetent or refuses to perform the person's duties; (4) Any physical or medical examinations of applicants or employ ees which an employer requires to determine fitness for the job or posi tion sought or held; or (5) An employer from observing the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pen sion, or insurance plan which is not a subterfuge to evade the purposes of this article. THURSDAY, MARCH 3, 1983 2379 45-19-36. (a) An individual claiming to be aggrieved by an unlawful practice or another person on behalf of an individual claiming to be ag grieved by an unlawful practice may file with the administrator a writ ten, sworn complaint stating that an unlawful practice has been commit ted setting forth the facts upon which the complaint is based and setting forth facts sufficient to enable the administrator to identify the employer, hereinafter called the respondent, charged. The administrator's staff shall promptly investigate the allegations of unlawful practice set forth in the complaint and within 15 days of filing, shall serve the respondent with a copy of the complaint. The complaint shall be barred unless filed within 180 days after the alleged unlawful practice occurs. (b) Within 90 days after the complaint has been filed, the adminis trator shall determine whether there is reasonable cause to believe the respondent has engaged in an unlawful practice. If it is determined that there is no reasonable cause to believe that the respondent has engaged in an unlawful practice, the administrator shall issue an order dismissing the complaint. (c) Within ten days after receiving a copy of the order dismissing the complaint, the complainant may file with the administrator an appli cation for reconsideration of the order. Upon such application, the ad ministrator shall determine within 15 days whether there is reasonable cause to believe that the respondent has engaged in an unlawful practice. If it is again determined that there is no reasonable cause to believe that the respondent has engaged in an unlawful practice, the administrator has engaged in an unlawful practice, the administrator shall issue an or der dismissing the complaint and notifying the complainant that such complainant has the right to request a right to sue letter from the appro priate federal agency or petition for review in the appropriate superior court as provided for in Code Section 45-19-39. (d) After investigation or after the review provided for in subsection (c) of this Code section, if the administrator determines that there is reasonable cause to believe that the respondent has engaged in an unlaw ful practice, then the administrator's staff shall first endeavor to elimi nate the alleged unlawful practice by conference, conciliation, and per suasion. The terms of a conciliation agreement reached with a respondent may require the respondent to refrain from the commission of unlawful discriminatory practices in the future and make such further provisions as may be agreed upon between the administrator and the respondent. If a conciliation agreement is entered into, the administrator shall issue and serve on the complainant a final order stating its terms. Except for the terms of the conciliation agreement, neither the administrator nor any agent thereof shall make public without the written consent of the com plaint and the respondent information concerning efforts in the particular case to eliminate an unlawful practice by conference, conciliation, or per suasion, whether or not there is a determination of reasonable cause or a conciliation agreement. (e) In the event the administrator determines that there is reasona ble cause to believe that an agency or authority has engaged in an unlaw ful practice as defined in this article and the administrator's staff is una ble to eliminate the alleged unlawful practice by conference, conciliation, 2380 JOURNAL OF THE SENATE and persuasion, the administrator shall refer the complaint to a special master as provided for in Code Section 45-19-37. (f) At the expiration of one year from the date of a conciliation agreement and at other times in its reasonable discretion, the administra tor's staff may investigate whether the terms of the agreement have been and are being complied with by the respondent. The administrator shall report the findings to the complainant and respondent. If the adminis trator finds reasonable cause to believe that the agreement has been breached, the complainant may seek enforcement of the agreement in the superior court of the county in which the alleged violation took place or in the county of the respondent's residence. 45-19-37. (a) Unless the administrator has issued an order dis missing the complaint or stating the terms of a conciliation agreement, within 90 days after a complaint is filed, the administrator shall request that the Governor appoint, from the list provided for by subsection (e) of Code Section 45-19-23, a special master to conduct a hearing in accor dance with this article. Not more than 15 working days after such re quest, the Governor shall select and appoint a special master who must be an attorney licensed to practice law in this state. The special master shall have all of the power and authority granted to agencies in con ducting hearings and rendering final orders under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' including but not limited to subpoena power. (b) Not more than seven days after the appointment of the special master, the administrator shall serve on the respondent and on the com plainant or the complainant's attorney by registered or certified mail a written notice together with a copy of the complaint requiring the re spondent to answer the charges contained therein at a hearing before the special master at a time and place specified in the notice. Such notice must contain all general and specific charges against the respondent. (c) The respondent shall serve an answer with the special master by registered or certified mail not more than 20 working days after receipt of the notice of hearing, which 20 working days may be extended by the special master's discretion for an additional time not to exceed ten work ing days. The respondent's answer must show by a certificate of service that the respondent has served a copy of the answer on the complainant or the complainant's attorney at the last known address of the complain ant or the complainant's attorney where complainant is represented by an attorney. Upon leave of the special master, the complainant may amend the charges contained in the notice of hearing. The respondent may amend an answer at any time prior to the hearing or, upon leave of the special master, may amend thereafter. No final order shall be issued un less the respondent has had the opportunity of a hearing on the charges contained in the notice of hearing or amendment on which the final order is based. If the respondent fails to answer the complaint, the special master may enter the respondent's default. Unless the default is set aside for good cause shown, the hearing may proceed on the evidence in sup port of the complaint. (d) At any time after a notice of hearing is served upon a respon- THURSDAY, MARCH 3, 1983 2381 dent, discovery shall be authorized in the same manner and fashion as discovery is permitted under Code Sections 9-11-26 through 9-11-37. Any order contemplated in Code Sections 9-11-26 through 9-11-37 may be issued by the special master. Judicial enforcement of any such order may be obtained by the complainant or respondent in the same manner as is provided for the enforcement of final orders in Code Section 45-1940. (e) A respondent who has filed an answer or whose default in an swering has been set aside for good cause shown may appear at the hear ing, may examine and cross-examine witnesses and the complainant, and may offer evidence. The complainant and, at the discretion of the special master, any other person may intervene, examine and cross-examine wit nesses, and present evidence. (0 Efforts at conference, conciliation, and persuasion shall not be received in evidence. (g) Testimony taken at the hearing shall be under oath and shall be stenographically or otherwise recorded by a certified court reporter. After the hearing, the special master at the special master's discretion may take further evidence or hear arguments upon notice to all parties with an opportunity to be present. (h) Except as otherwise specifically provided for in this article, all proceedings of the special master shall be conducted as provided for with respect to contested cases in Chapter 13 of Title 50. (i) A complainant may retain at the complainant's own expense pri vate counsel to represent the complainant in any proceeding provided for under this article; however, the complainant may utilize the services of an individual employed by the administrator pursuant to paragraph (3) of Code Section 45-19-27 in presenting the complainant's case before the special master. 45-19-38. (a) If the special master determines that the respondent has not engaged in an unlawful practice, the special master shall state the special master's findings of fact and conclusions of law and shall issue a final order, within 30 days after the hearing unless, for good cause shown, such time is extended by the Governor, dismissing the complaint. (b) If the special master determines that the respondent has engaged in an unlawful practice, the special master shall state the special master's findings of fact and conclusions of law and shall issue a final order, within 30 days after the hearing unless, for good cause shown, such time is extended by the Governor, requiring the respondent to cease and desist from the unlawful practice and to take such remedial action as in the judgment of the special master will carry out the purposes of this article. (c) Remedial action under this Code section may include but is not limited to: (1) Hiring, reinstatement, or upgrading of employees with or with out back pay. No award of back pay shall be ordered pursuant to this article with respect to any period more than two years prior to the date 2382 JOURNAL OF THE SENATE of the filing with the administrator of the complaint with respect to which such award of back pay is ordered. Interim earnings, unemploy ment benefits, workers' compensation benefits, or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable; (2) Admission or restoration of individuals to participation in a guidance program, apprenticeship training program, on-the-job training program, or other occupational training or retraining program and the utilization of objective criteria in the admission of individuals to such programs; (3) The extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges, and services of the respondent; (4) Reporting as to the manner of compliance; (5) Posting notices in conspicuous places in the respondent's place of operation in the form prescribed by the administrator or special master; (6) Restoration of employment benefits not otherwise specified in this Code section; or (7) Recommending to the Governor that the respondent be required to adopt and file with the administrator, within a specified time limita tion, for the administrator's approval a plan to fill vacancies or hire new employees in a manner to eliminate or reduce imbalance in employment with respect to race, color, handicap, religion, sex, national origin, or age. (d) Any monetary award ordered pursuant to this article shall be for actual damages only. (e) The respondent shall comply without delay with the terms and conditions of such a final order. 45-19-39. (a) Any party to a hearing before a special master or a complainant whose complaint has been dismissed by the administrator may appeal any adverse final order of a special master by filing a petition for review in the superior court in the county in which the alleged unlaw ful practice occurred or in the superior court of the residence of the re spondent within 30 days of the issuance of the final order. Neither the administrator nor the special master shall be a named party; however, the administrator must be served with a copy of the petition for review. Within 30 days after the petition is served on the administrator, the ad ministrator shall forward to the court a certified copy of the record of the hearing before the special master, including the transcript of the hearing before the special master and all evidence, administrative pleadings, and orders, or the entire record if no hearing has been held. For good cause shown, the court may require or permit subsequent corrections or addi tions to the record. All appeals for judicial review shall be in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; provided, however, that if any provisions of Chapter 13 of Title 50 con flict with any provision of this article, this article controls. An individual employed by the administrator pursuant to paragraph (3) of Code Sec- THURSDAY, MARCH 3, 1983 2383 tion 45-19-27 shall not have the authority to represent the complainant in any appeal to superior court of a final order of the special master or in any proceeding in any court, except to secure judicial enforcement of orders of a special master. (b) The court shall not substitute its judgment for that of the special master as to the weight of the evidence on questions of fact. The court may affirm a final order of the special master or remand the case for further proceedings. The court may reverse or modify the final order if substantial rights of the appellant have been prejudiced because the ad ministrative findings, inferences, conclusions, or decisions 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 said findings, inferences, conclu sions, or decisions; or (6) Arbitrary, capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion. (c) If, upon judicial review of any order of a special master or in a proceeding in which a complainant seeks enforcement of a conciliation agreement, the court rules in favor of the complainant, then the court may in its discretion render an award of reasonable attorney's fees and costs of litigation in the superior court to the complainant. 45-19-40. Any person affected by a final order of the administrator or a special master may file in the superior court of the county of the residence of the respondent a certified copy of a final order of the admin istrator or of a special master unappealed from or of a final order of a special master affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and all proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. 45-19-41. The administrator shall have exclusive jurisdiction over any claim of any unlawful practice under this article. A final determina tion of a claim alleging an unlawful practice under this article shall ex clude any other action or proceeding brought by the same person based on the same complaint, except for any remedies which may be available under the United States Constitution and federal laws. 45-19-42. It shall not be a defense to a violation of this article by any person subject to this article that the violation was requested, sought, or otherwise procured by a person not subject to this article. 2384 JOURNAL OF THE SENATE 45-19-43. (a) In connection with an investigation of a complaint of an unlawful practice filed under this article, the administrator or the ad ministrator's designee shall have access at any reasonable time to prem ises, records, and documents relevant to the complaint and shall have the right to examine, photograph, and copy evidence. (b) Any person subject to this article shall: (1) Make and keep such records as may be prescribed by rules and regulations of the administrator which are necessary and relevant to the determination of whether an unlawful practice has been or is being com mitted; and (2) Make such reports therefrom as the administrator shall pre scribe by rules and regulations which are reasonable, necessary, or appro priate for the enforcement of this article or orders or regulations under this article. (c) If a person fails to permit access, examination, photographing, or copying or fails to make or keep records or reports as required by this Code section, the administrator may issue an order requiring compliance. Upon a failure to comply with the order of the administrator, the admin istrator may apply to the superior courts for an order directing compliance. (d) The administrator, by regulation, shall require each person sub ject to this article who controls an apprenticeship or other training pro gram to keep all records reasonably necessary to carry out the purposes of this article, including, but not limited to, a list of applicants who wish to participate in such program, including the chronological order in which such applications were received. Such records shall be furnished to the administrator upon the administrator's request. The administrator may also request and receive a detailed description of the manner in which persons are selected to participate in the apprenticeship or other training program. (e) Records and reports required by the administrator under this Code section shall conform as closely as practicable to similar records and reports required by federal law and to customary record-keeping practices. (f) An employer or other person who believes that the application to them of an order issued under this article would result in undue hardship may apply to the administrator for relief from the application of the or der. If the administrator finds that the application of the regulation or order to the employer or person in question would impose an undue hard ship, the administrator may grant appropriate relief. (g) With respect to a particular employer or person, it is unlawful without the employer's or the person's consent for the administrator or an employee of the administrator to make public information obtained by the administrator or the administrator's employees pursuant to the ad ministrator's authority under this Code section, except such information as shall reasonably be necessary to the conduct of a proceeding under this article. THURSDAY, MARCH 3, 1983 2385 45-19-44. (a) It shall be an unlawful practice for a person willfully to: (1) Make public with respect to a particular employer or person without the employer's or person's consent information obtained by the administrator or the administrator's employees pursuant to its authority under Code Section 45-19-41, except as shall reasonably be necessary to carry out the provisions of this article; (2) Retaliate or discriminate in any manner against a person be cause the person has opposed a practice declared unlawful by this article or because the person has made a charge, filed a complaint, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing concerning an unlawful practice under this article; (3) Aid, abet, incite, compel, or coerce a person to engage in any of the acts or practices declared unlawful by this article; (4) Obstruct or prevent a person from complying with this article or with any order issued under this article; / (5) Resist, prevent, impede, or interfere with the administrator or any of its representatives, employees, or with a special master in the law ful performance of duty under this article; provided, however, that it shall not be a violation of this article for anyone to challenge or resist any action by the administrator or any of its employees or by a special master when there is a good faith belief that the administrator is, or its employees are, or the special master is acting unlawfully or acting in excess of statutory authority; or (6) Initiate frivolous and unwarranted charges of discrimination against a public employer. (b) A violation of this Code section shall not be deemed a crime; but any person who willfully violates this Code section may be punished by a civil fine not to exceed $1,000.00. 45-19-45. It shall be an unlawful practice for a person or for two or more persons to conspire: (1) To retaliate or discriminate in any manner against a person be cause the person has opposed a practice declared unlawful by this article or because the person has made a charge, filed a complaint, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing concerning an unlawful practice under this article; (2) To aid, abet, incite, compel, or coerce a person to engage in any of the acts or practices declared unlawful by this article; (3) To obstruct or prevent a person from complying with this article or any order issued under this article; (4) To resist, prevent, impede, or interfere with the administrator or any of its employees or a special master in the lawful performance of duty under this article; provided, however, that it shall not be a violation 2386 JOURNAL OF THE SENATE of this article for anyone to challenge or resist any action by the adminis trator or any of its employees or a special master when there is a good faith belief that the administrator or its employees or a special master is acting unlawfully or acting in excess of their statutory authority; or (5) To willfully initiate frivolous and unwarranted charges of dis crimination against a public employer. Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted. The report the committee, which was favorable to the passage of the bill as amended, was agreed to by substitute. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin 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 Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Allgood Brannon Coleman Coverdell Starr (excused conferee) On the passage of the bill, the yeas were 51, nays 0. THURSDAY, MARCH 3, 1983 2387 The bill, having received the requisite constitutional majority, was passed by substitute. Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair. 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. 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: Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dean English Engram Fincher Foster Harris Harrison Hill Hine Horton Howard Hudgins Huggins Land Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36tl Scott of 43rc Stumbaugh Tate Thompson Turner Walker Voting in the negative were Senators Deal and Tysinger. Those not voting were Senators: Allgood Barker Brannon Dawkins Garner Gillis Greene Holloway (excused conferee) Kennedy (presiding) Kidd Starr (excused conferee) Timmons Trulock 2388 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 41, nays 2. The bill, having received the requisite constitutional majority, was passed. The following bills of the House were taken up for the purpose of considering the House action thereon: 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. Senator Bond of the 39th moved that the Senate adhere to the Senate amendment to HB 325, and that a Conference Committee be appointed. On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 325. Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following: Senators Barnes of the 33rd, Bond of the 39th and Greene of the 26th. 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. Senator Tysinger of the 41st moved that the Senate adhere to the Senate substi tute to HB 460, and that a Conference Committee be appointed. On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 460. Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following: Senators Tysinger of the 41st, Walker of the 19th, and Cobb of the 28th. THURSDAY, MARCH 3, 1983 2389 The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: 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. 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: Bond Bowen Brantley Broun of 46th Brown of 47th Bryant CCoovleemrdaenll Dawkins Deal English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Holn HHuodwgairnds Huggins Kidd Land Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Stumb. augh. Tate Thompson Trulock Turner Walker Those not voting were Senators: Allgood Barker Barnes Brannon Dean Holloway (excused conferee) Kennedy (presiding) Timmons Tysinger 2390 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. 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: Barnes Bond Brantley Broun of 46th Brown of 47th Coin Coleman Coverdell Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Mine Horton Howard Hudgms Huggins 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 voting were Senators: Allgood Barker Bowen Brannon Dawkins Hill Holloway (excused conferee) Kennedy (presiding) Scott of 36th Timmons THURSDAY, MARCH 3, 1983 2391 On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Lester of the 23rd. The Senate Committee on Banking and Finance offered the following amendment: Amend HB 421 by adding at the end of line 2 on Page 1 the following: "change the name of a committee; to". By striking from line 25 of Page 1 the following: "(c) and (d)", and inserting in lieu thereof the following: "(a), (c), and (d)". By adding immediately after line 27 on Page 1 the following: "(a) There is established a board composed of the Attorney General, the commissioner, the state auditor, the chairman of the Ways and Means Committee of the House of Representatives, and the chairman of the Banking and Finance Committee of the Senate, which is authorized to settle and compromise any proposed tax assessment, any final tax as sessment, or any tax fi. fa., the collection of which, because of the insol vency of the taxpayer or the questionable legal position of the state, is doubtful and the settlement or compromise of which is in the best inter est of the state. A majority of the board shall be empowered to settle and compromise. The commissioner shall keep a record of all settlements and compromises made and the reasons for each settlement and compromise. By striking Section 14 in its entirety and inserting in lieu thereof a new Section 14 to read as follows: "Section 14. This Act shall become effective July 1, 1983, except that the provisions of subsection (a) of Code Section 48-2-18 contained in Section 1 shall become effective upon its approval by the Governor." On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted. 2392 JOURNAL OF THE SENATE The Senate Committee on Banking and Finance offered the following amendment: Amend HB 421 by striking on Page 3, line 34, the word "made" and substituting in lieu thereof the word "make". On the adoption of the amendment, the yeas were 31, 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 Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Deal Dean English Engrain 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 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Those not voting were Senators: Brannon Coleman Holloway (excused conferee) Kennedy (presiding) Scott of 36th Timmons Walker On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. THURSDAY, MARCH 3, 1983 2393 The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto: 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. The House amendment was as follows: Amend the Senate Substitute to HB 532 as follows: By striking all language appearing after the words "educational facili ties" in lines 3 through 12 on Page 1 and inserting in lieu thereof the following: "under the Adequate Program for Education in Georgia Act, so as to revise the provisions relative to educational facilities and capital outlay funds therefor; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes." By redesignating Section 4 as Section 3 and by striking Sections 1, 2, and 3 in their entirety and substituting in lieu thereof Section 1 to read as follows: "Section 1. Code Section 20-2-250 of the Official Code of Georgia Annotated, relating to educational facilities under the Adequate Program for Education, is amended by striking said Code Section 20-2-250 in its entirety and substituting in lieu thereof a new Code Section 20-2-250 to read as follows: '20-2-250. (a) It is declared to be the policy of the State of Georgia, in partnership with local units of administration, to assure that every stu dent in Georgia's public schools shall be housed in a facility which is structurally sound and well maintained and which has adequate space and equipment to meet each student's instructional needs as those needs are defined and required by the Adequate Program for Education in Georgia. (b) As used in this Code section, the following words or terms shall have the following meanings: (1) "Addition" refers to square footage of room floor space for in structional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site. (2) "Annual debt service" means expenditures for the annual retire ment of debt for capital outlay construction projects for educational fa cilities and shall include the interest on the principal as well as the prin cipal of the debt. 2394 JOURNAL OF THE SENATE (3) "Capital outlay" includes, but is not necessarily limited to, ex penditures which result in the acquisition of fixed assets, existing build ings, improvements to sites, construction of buildings, construction of ad ditions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnishings for educational facilities. (4) "Construction project" shall refer to the construction of new buildings, additions or expansion of existing buildings, relocation of ex isting buildings or portions thereof, renovation or modernization of ex isting buildings or structures, and procedures and processes connected thereto, related to educational facilities. (5) "Educational facilities" shall include buildings, fixtures, and equipment necessary for the effective and efficient operation of the pro gram of public education required by this article, which, without limiting the generality of the foregoing, shall include space for classrooms, librar ies, restrooms, laboratories, cafetoriums, physical educational facilities, subject to the limitations hereinafter provided in this paragraph and in paragraph (9) of this subsection, and related space, building equipment, building fixtures, fixed furnishings, related exterior facilities, landscaping and paving, and similar items necessary to house the instructional pro gram required by this article. The following items are specifically ex cluded from eligibility to receive state funds: purchase and acquisition of real property and utilities connections thereto; swimming pools, tracks, stadiums, tennis courts and similar facilities; portable instructional units, postsecondary educational facilities, and the central and area administra tive offices of local units of administration. (6) "Educational facilities plan" means a systematic study of present educational facilities and a five-year forecast of future needs based on the instructional program and service requirements of this article. (7) "Local funds" or "local unit funds" refers to funds available to local units of administration from sources other than state and federal funds. (8) "Local unit" or "local unit of administration" means any county or independent board of education which administers public elementary and secondary schools. (9) "Physical education facility" means any facility which is designed for an instructional program in physical education and shall ex clude any facilities designed for or containing space for items excluded from state funds in paragraph (5) of this subsection, and facilities designed for or containing space for spectator stands, lobbies, public restrooms, concession areas, or similar space extraneous to a program for physical education. (10) "Renovation" or "modernization" or both refers to construction projects which consist of the initial installation or replacement of major building components such as lighting, heating, air conditioning, plumb ing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment, energy retrofit packages; or room-size modifi- THURSDAY, MARCH 3, 1983 2395 cations within an existing facility, but excluding routine maintenance and repair items or operations. (11) "Required local participation" means the amount of funds which must be contributed by local units of administration from local funds for each construction project. Local funds used for construction projects and other items which are not eligible for state funds cannot be considered as part of or in lieu of required local participation for educa tional facilities which are eligible for state funds. (12) "Year" or "fiscal year," unless otherwise clearly intended, re fers to the fiscal year of the State of Georgia. (c) The State Board of Education shall implement the provisions of this Code section, and the State School Superintendent and designated staff in the Department of Education who have training or experience in educational facilities as determined by the State Personnel Board and the State Board of Education shall administer the requirements and imple ment the duties of this Code section. The State Board of Education's responsibilities shall include the following: (1) To adopt policies, guidelines, and standards for the annual phys ical facility and real property inventory required of each local unit. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construction and design; size, number, and type of construction space; amount of instructional space in permanent and temporary buildings; local property assessment for bond purposes; outstanding school bonds and annual debt service; and buildings and fa cilities not in use or rented or leased to individuals or other agencies of government, or used for other than instructional programs required by this article, each identified by its current use. Department of Education staff shall review, certify the accuracy of, and approve each local unit's inventory; (2) To adopt policies, guidelines, and standards for educational fa cilities plans required of local units. Local unit educational facilities plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educational facili ties projected for abandonment, if any; educational facilities projected as needed five years hence; proposed construction projects for moderniza tion, renovation, and energy retrofitting; proposed construction projects for the purpose of merging small, inefficient educational facilities, if any; and other construction projects needed to house the instructional pro gram required by provisions of this article; (3) To adopt uniform rules, regulations, policies, standards, and cri teria respecting all location, construction, equipping, operating, mainte nance, and use of educational facilities; matters pertaining or relating to consolidation of schools and educational facilities as may be reasonably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program and which do not conflict with the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational 2396 JOURNAL OF THE SENATE facilities; space requirements per pupil; number and size of classrooms; allowable construction costs based on current annual construction cost data maintained by the Department of Education; and other require ments necessary to ensure adequate, efficient, and economical educa tional facilities. Educational facilities having at least 200 pupils in grades K through 7 or any combination thereof, facilities having at least 400 pupils in grades 5 through 9 or any combination thereof, facilities having at least 500 pupils in grades 8 through 12 or any combination thereof, any existing educational facility having a pupil population less than these minimums but housing K through 12, isolated schools, and local units with pupil populations which total less than the above minimums shall be eligible for educational facilities. The state board may approve construc tion projects for school facilities housing fewer students than the above minimum numbers. Existing educational facilities shall be deemed as meeting existing standards except for applicable life safety codes. Except for satisfying the most recent life safety codes, educational facilities un dergoing renovations or modernizations shall be considered as meeting existing standards, but additions or expansions to such facilities may be required by the State Board of Education to meet most recent standards in all respects. To encourage an economical facilities policy and contin ued use of existing buildings wherever feasible, local units may renovate, expand, or modernize existing educational facilities rather than abandon or replace them, provided the cost does not exceed the cost of a replace ment facility and provided the facility houses at least the minimum pupil population for the grades housed required by this subsection; (4) To develop a state-wide needs assessment for purposes of plan ning and developing policies, anticipating state-wide needs for educa tional facilities, and providing assistance to local units in developing edu cational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the De partment of Human Resources, census data published by the Bureau of the Census, local unit educational facilities and real property inventories, average daily attendance projection research, and educational facilities plans, and shall reflect the demand areas for capital outlay. In addition, the State Board of Education shall develop a consistent, systematic re search approach to average daily attendance projections which will be used in the development of needs within each local unit, but such projec tions shall not be confined to resident pupils in average daily attendance but shall be based on average daily attendance which includes nonresi dent pupils attend school pursuant to a contract between local units of administration. The nonresident projection shall be based on average daily attendance over the most recent five-year period. Educational facili ties plans will use such projections in determining the improvements needed for the five-year planning period. The state board shall also de velop schedules for allowable square footage and cost per square foot. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local unit and shall not count toward present or future required local participation; (5) To adopt policies, standards, and guidelines to ensure that the provisions of subsections (f), (g), (h), (i) and (j) of this Code section THURSDAY, MARCH 3, 1983 2397 relating to uses of state capital outlay funds, state and local share of costs, entitlements, allocation of capital outlay funds, advance funding for certain construction projects, and consolidation of high schools across local unit lines are carried out; (6) To review and approve proposed sites and all architectural and engineering drawings and specifications on construction projects for edu cational facilities to ensure compliance with state standards and require ments, and inspect and approve completed construction projects financed in whole or in part with state funds, except construction projects con structed under supervision of the Georgia State Financing and Invest ment Commission. The State Board of Education may designate selected local units which have staff qualified for such purposes to act on behalf of the Department of Education in such inspections, when the project is not under the direction of Georgia State Financing and Investment Commission; (7) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources; and (8) To provide procedures to ensure local units the right to revise their educational facilities plans or the priority order of construction projects requested in order to reflect changes in law, state policy, or local conditions which have occurred after completion and approval of the edu cational facilities plan by the state board. Each local unit which has com pleted or has an approved educational facilities plan on July 1, 1983, may, in its discretion, change that plan or any priorities within it and submit the same to the state board without developing a new educational facilities plan and the state board shall approve such plan provided it meets the requirements of this Code section and the estimated costs do not exceed those in the original plan. (d) In the event any local unit of administration enters into a lease contract with the Georgia State Financing and Investment Commission for the use of facilities of the authority or commission pursuant to a com mitment by the State Board of Education for future allotments of state capital outlay funds, the State Board of Education, upon receipt of an executed copy of said lease contract, is authorized and directed to pay monthly, quarterly, or annually to the commission such part of such funds to be made available to the local unit of administration under this Code section as may be required to meet the terms of such lease con tract. The State Board of Education is empowered and directed to with hold any fund allocations to any local unit of administration for failure to comply with any provision of this Code section or policies, guidelines, or standards adopted by said board for the purpose of implementing the requirements of this Code section. (e) In order to qualify for and receive state capital outlay funds in accordance with provisions of subsections (h), (i), and (j) of this Code section, each local unit must meet the following conditions and requirements: (1) Prepare and annually update an educational facilities and real 2398 JOURNAL OF THE SENATE property inventory in accordance with provisions of subsection (c) of this Code section; (2) Complete a local educational facilities plan. The local educa tional facilities plan shall be prepared in accordance with provisions of subsection (c) of this Code section. Each proposed construction project shall be identified according to the purposes for capital outlay funds as provided in subsection (f) of this Code section. Each local unit shall spec ify the order of importance of all proposed construction projects. When two or more local units agree on the need for a consolidation project pursuant to subsection (f) of this Code section, the estimated construc tion cost shall be prorated to the participating local units and included with their identification of needs in accordance with the proportion of the number of students to be served from each local unit; (3) Submit requests for capital outlay funds, and provide required local participation; (4) Submit proposed educational facility sites and all architectural and engineering drawings and specifications for educational facilities to the Department of Education for review and approval in accordance with provisions of subsection (c) of this Code section; and (5) Revise the local educational facilities plan and priority order of requested construction projects in accordance with provisions of subsec tion (c) of this Code section. Until July 1, 1984, local units which have not either initiated or completed educational facilities plans shall be eligible for state capital outlay funds for construction projects as determined by the State Board of Education. (f) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes: (1) To provide construction projects needed because of increased pu pil attendance or to replace educational facilities which have been aban doned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing educational facilities or portions thereof on different sites; (2) To provide construction projects to renovate or modernize educa tional facilities in order to correct deficiencies which produce education ally obsolete, unsafe, inaccessible, energy deficient, or unsanitary physical environments; (3) To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof on different sites in order to house changes in the in structional program required under provisions of this article or new edu cational facilities on new sites or new additions to existing ones as a re sult of internal population shifts or changes in attendance zones within the local unit; THURSDAY, MARCH 3, 1983 2399 (4) To provide construction projects to merge educational facilities which have fewer pupils than required for the minimum school popula tion by the State Board of Education or which are too expensive to reno vate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof on dif ferent sites; (5) To pay the principal, less required local participation, on perma nent type construction projects which have met criteria for eligibility and qualification as set forth in subsections (c), (e), (0, and (g) of this Code section and have been constructed wholly with local funds, provided such construction projects were initiated after July 1, 1977; (6) To provide construction projects for consolidations across local unit lines as determined in subsection (j) of this Code Section; and (7) To reimburse local units of administration for current principal payments on local indebtedness for state approved construction projects for educational facilities. No local unit may request funds for the pur poses of this paragraph unless and until all construction projects identi fied in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed. Each local unit shall priori tize construction projects from the foregoing list, in its discretion. A con struction project which embraces more than one purpose and includes additions together with renovations or modernizations shall be listed under the purpose having the greater share of cost. (g) Effective January 1, 1984, capital outlay funds for educational facilities shall be provided in accordance with this subsection as follows: (1) The required local participation shall be 25 percent of the eligi ble cost of each construction project as modified by the local ability index and annual debt service. The local ability index shall be determined by dividing the amount of the local unit's equalized adjusted school property tax digest per resident pupil in average daily attendance by the total amount of the state-wide equalized adjusted school property tax digest per total resident average daily attendance. The resulting index shall be multiplied by 25 percent of the cost of the eligible construction project to determine the required local participation. A local unit may reduce its required local participation by an amount equal to no more than 75 per cent of one year's annual debt service payments of interest and principal on local bonds issued for eligible construction projects for educational facilities. If a local unit requests funds for more than one construction project in a given fiscal year, it may either apply the debt service pay ments toward required local participation to one project or prorate it equally over all those requested. In no event, however, shall a local unit's required local participation be less than 10 percent nor greater than 25 percent of the cost of an eligible construction project except as provided in paragraph (2) of this subsection; and (2) Eligible construction projects for consolidations across local unit lines as determined in subsection G) f this Code section shall require no local funds; provided, however, that the state shall participate in no more 2400 JOURNAL OF THE SENATE than 25 percent of the cost of construction projects for educational facili ties which have been damaged or destroyed by fire or natural disaster. (h) (1) Each year the state board shall compute the sum of all eligi ble educational facilities needs in the state. The state-wide eligible facili ties needs shall include and be limited to the following: the totals of each local unit's planned construction projects in its most recent approved fiveyear educational facilities plan and any amendments thereto, excluding construction projects for which funds have already been appropriated, to gether with an amount equal to five times the current year's debt service payments for retiring bonds issued to finance construction projects for eligible educational facilities. The sum of each local unit's needs shall be referred to as the local unit's eligible facilities needs. (2) Each year the state board shall adopt a proposed state-wide enti tlement level, which may not exceed $100,000,000.00, and which shall include at least three alternate lower proposed entitlement levels. Each local unit shall then be granted a proposed local unit entitlement equal to the percentage of each proposed state-wide entitlement level that the lo cal unit's eligible facilities needs bear to the total state-wide facilities needs that year. The state department shall notify each local unit of its proposed entitlements for each proposed level, and those local units re questing construction projects shall then submit applications requesting state funds at each proposed entitlement level for projects which are eli gible and qualified by having been included as a priority on the local unit's facilities plan, been approved by the state board, and for which required local participation and any additional local funds are available which are necessary for completion of such construction projects. Con struction projects requested under provisions of subsections (i) and (j) of this Code section shall be identified and separated from others. Local units may request funds based on entitlements accrued from previous years for which appropriations have not been requested, as well as those available in the proposed entitlement level. Any change in the method of determining entitlements in subsequent years shall in no way affect the amount of previously accrued entitlements. (3) The state board shall compile the applications for construction projects submitted for each proposed state-wide entitlement level and shall separate applications for construction projects requested under pro visions of subsections (i) and (j) f this Code section each from the others. These requests shall then be submitted as part of the state board's budgetary request for appropriations, with construction projects re quested under provisions of subsections (i) and (j) of this Code section each separated from the others. The total request shall not exceed $100,000,000.00 in any fiscal year. The proposed state-wide entitlement level for which appropriations are enacted in the general appropriations Act shall be adopted as the state-wide entitlements level for that fiscal year by the State Board of Education, and the state board shall dis tribute funds appropriated to each local unit with a construction project for which funds were appropriated. Appropriations for construction projects requested under provisions of subsections (i) and (j) of this Code section shall each be separate line items in the general appropriations Act and shall be distributed to each local unit which has requested a THURSDAY, MARCH 3, 1983 2401 construction project in either category in accordance with language in the Act. (i) Local units may request funds for construction projects for edu cational facilities in the advance funding category, provided such projects are eligible and qualified by having been included in the local unit's edu cational facilities plan approved by the state board and for which re quired local participation in addition to other necessary local funds are available to complete the project. Such construction project must require for their completion the required local participation and more than three years of entitlements, assuming a state-wide entitlement level for each year of $100,000,000.00 and a state-wide eligible facilities need equal to that for the year in which funds for the construction project are re quested. No local unit may request more than one construction project under the advance funding category in a given fiscal year and may not request any additional project from the same category until sufficient en titlements have been credited it to repay those requested in advance. (j) Prior to July 1, 1985, when two or more contiguous local units agree to combine the total high school pupil populations either in grades 7-12, 8-12, or 9-12 across local units lines, the State Board of Education shall adopt procedures to be followed by them in order to effect such consolidations, and resulting construction projects for educational facili ties shall be financed in accordance with provisions of subsections (g) and (h) of this Code section.' " By adding a new Section 2 to read as follows: "Section 2. This Act shall become effective on July 1, 1983, but until January 1, 1984, required local participation for construction projects which are funded in the appropriations for fiscal year 1983-84, as enacted by the General Assembly during the 1983 regular session, shall be calculated on the basis of Code Section 20-2-250 as said Code section existed prior to July 1, 1983." Senator Starr of the 44th moved that the Senate disagree to the House amend ment to the Senate substitute to HB 532. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate substitute to HB 532. The following general bills and resolutions of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 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. Senate Sponsor: Senator Howard of the 42nd. 2402 JOURNAL OF THE SENATE Senators Broun of the 46th and Walker of the 19th offered the following amendment: Amend HB 10 by striking from line 21 on Page 5 the following: ", but not". By striking the comma where it appears between the word "services" and the word "provided" in line 22 on Page 5 and inserting in lieu thereof the following: "and for services". On the adoption of the amendment, the yeas were 6, nays 26, and the amendment was lost. Senator Littlefield of the 6th offered the following substitute to HB 10: A BILL TO BE ENTITLED AN ACT To amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to the regulation and construction of hospitals and other health care agencies, so as to establish a conflict of interest policy for mem bers of such authorities; to specify conditions under which such authorities may deal with one of their members or an organization or person with which a member is in any way interested or involved; to provide that no member who is present at any meeting or who participates in any decision of such authority shall be prohibited from providing legal services in connection with any of the undertakings of the authority or from being paid for such services; to provide for a program of care for terminally ill persons; to pro vide for a short title; to provide for legislative findings; to provide for defini tions; to provide for administration; to provide certain requirements for a hospice program; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 7 of Title 31 of the Official Code of Georgia An notated, relating to the regulation and construction of hospitals and other health care agencies, is amended by striking Code Section 31-7-74, relating to the residence and compensation of members of hospital authorities, in its entirety and substituting in lieu thereof a new Code Section 31-7-74 to read as follows: "31-7-74. (a) The members of a hospital authority shall be residents of the participating units comprising the authority. The requirement of residence shall not apply to authorities activated under subsection (d) of Code Section 31-7-72, provided they are selected from within the area of service and within 12 miles of the hospital location or within 12 miles of the sponsoring county or municipality, whichever is farther. The mem bers shall elect one of their number as chairman and another as vice- THURSDAY, MARCH 3, 1983 2403 chairman and shall also elect a secretary-treasurer, who need not be a member. The members shall receive no compensation for their services, either as members or as employees of the authority but may be reim bursed for their actual expenses incurred in the performance of their du ties. The authority shall make rules and regulations for its governance and may delegate to one or more of its members, officers, agents, or em ployees such powers and duties as may be deemed necessary and proper. (b) The provisions of Code Section 45-10-23 and any other Code section shall be deemed to have been complied with and an authority may purchase from, sell to, borrow from, loan to, contract with, or other wise deal with any member or any organization or person with which any member of an authority is in any way interested or involved, provided that: (1) Any interest or involvement by such member is disclosed in ad vance to the authority and is recorded in the minutes of the authority; (2) No member having a substantial interest or involvement may be present at that portion of an authority meeting during which discussion of any matter is conducted involving any such organization or person; and (3) No member having a substantial interest or involvement may participate in any decision of the authority relating to any matter involv ing such organization or person. As used in this Code section, a 'substantial interest' shall mean any interest which reasonably may be expected to result in a direct financial benefit to such member as determined by the authority, which determi nation shall be final and not subject to review. (c) Nothing contained in this article shall be deemed to prohibit any member who is present at any meeting or who participates in any deci sion of the authority from providing legal services in connection with any of the undertakings of the authority or from being paid for such services." Section 2. Said chapter is further amended by adding at the end thereof a new Article 8 to read as follows: "ARTICLE 8 31-7-170. This article shall be known and may be cited as the 'Geor gia Hospice Law.' 31-7-171. (a) The General Assembly finds that there is an interest in and need for hospice care, an alternative form of health care, for ter minally ill patients and their families. The General Assembly further finds that hospice care is an important innovation which should be recog nized and encouraged. (b) Recognizing that hospice programs respond to the need for re sponsible, compassionate, palliative care for terminally ill persons and for their families, extending into the bereavement period, this General As- 2404 JOURNAL OF THE SENATE sembly establishes definitions, standards, and provisions for licensure and regulation for hospice programs in this state. 31-7-172. As used in this article, the term: (1) 'Bereavement services' means the supportive services provided to the family unit to assist it in coping with the patient's death, including follow-up assessment and assistance through the first year after death. (2) 'Department' means the Department of Human Resources. (3) '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 care team primarily in the patient's home but also on an outpa tient and short-term inpatient basis and which is classified as hospice by the department. (4) 'Hospice care' means both regularly scheduled care and care available on a 24 hour on-call basis, consisting of medical, nursing, so cial, spiritual, volunteer, and bereavement services substantially all of which are provided to the patient and to the patient's family regardless of ability to pay under a written care plan established and periodically re viewed by the patient's attending physician, by the medical director of the hospice program, and by the hospice care team. (5) 'Hospice care team' means an interdisciplinary working unit composed of members of the various helping professions (who may do nate their professional services), including but not limited to: a physician licensed or authorized to practice in this state, a registered professional nurse, a social worker, a member of the clergy or other counselor, and volunteers who provide hospice care. (6) 'Hospice patient family unit' means the terminally ill person and his or her family, which may include spouse, children, siblings, parents, and other relatives with significant personal ties to the patient. (7) 'License' means a license issued by the department. (8) 'Palliative care' means those interventions by the hospice care team which are intended to achieve relief from, reduction of, or elimina tion of pain and of other physical, emotional, social, or spiritual symp toms of distress. (9) 'Patient' means a terminally ill individual receiving the hospice continuum of services, regardless of ability to pay. (10) 'Terminally ill" means that the individual is experiencing an illness for which therapeutic intervention directed toward cure of the dis ease is no longer appropriate, and the patient's medical prognosis is one in which there is a life expectancy of six months or less. 31-7-173. No person, private or public organization, political subdi vision, or other governmental agency may operate a hospice as defined in THURSDAY, MARCH 3, 1983 2405 Code Section 31-7-172 without first obtaining a license from the depart ment. A license issued under this article is not assignable or transferable and must be separate from any existing license and is subject to suspen sion or revocation at any time for failure to comply with the provisions of this article or with the appropriate regulations promulgated by the department. 31-7-174. Any person, organization, or agency desiring to operate a hospice shall file with the department an application on a form pre scribed and furnished by the department. The application shall contain such reasonable information as the department may require related to the department's licensure purpose and function. 31-7-175. (a) The administration of this article is vested in the De partment of Human Resources which shall: (1) Prepare and furnish all forms necessary under the provisions of this article in relation to the application for licensure or renewals thereof; (2) After consultation with appropriate public interest groups, adopt rules within the standards of this article necessary to effect the purposes of this article; and (3) Establish rules and regulations for the licensure of hospices. (b) Rules promulgated by the department shall include but not be limited to the following: (1) The qualifications of professional and ancillary personnel in or der to furnish adequate hospice care; (2) Standards for the organization and quality of patient care; (3) Procedures for maintaining records; (4) Standards for inpatient facilities, to include specifications that the hospice retain primary responsibility for the coordination of inpatient hospice care; (5) Provision for contractual arrangements for professional and an cillary hospice services; and (6) Provisions for the imposition of administrative fines for any vio lations of any provisions of this article or of department rules or regulations. (c) The department is directed to have in place regulations by March 1, 1984. 31-7-176. (a) The hospice care program shall coordinate its services with those of the patient's primary or attending physicians, and may con tract out for elements of services rendered to the patient and family unit, but not for the basic hospice care services, provided by physicians, at tending nurses, and counselors. The hospice care team shall be responsi ble for coordination of inpatient, outpatient, and home care aspects of care. 2406 JOURNAL OF THE SENATE (b) Hospice services must meet all applicable definitions provided for in Code Section 31-7-172. (c) A hospice program of care shall not impose the dictates of any value or belief system on its patients and their family units. 31-7-177. Since hospice care is primarily provided at home, licensure shall not be determined solely on the number of inpatient beds needed for service. Inpatient beds under contract to a hospice program may be used by the hospice when needed but may remain otherwise available to the inpatient unit at other times without a change in licensing. 31-7-178. The department shall periodically inspect each hospice for which a license has been issued to ensure that the licensee is providing quality care to its patients; provided, however, that a hospice shall be exempt from additional on-site licensure inspection if certified in accor dance with federal regulations governing hospice. 31-7-179. Where a hospice has obtained a license from the depart ment, there shall be no requirement that the hospice obtain a certificate of need in order to provide any hospice care." 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. Senators Broun of the 46th and Walker of the 19th offered the following amendment: Amend the substitutes to HB 10 offered by Senator Littlefield of the 6th as follows: By striking from line 14 on Page 7 the following: ", but not". By striking the comma where it appears between the word "services" and the word "provided" in line 15 on Page 7 and inserting in lieu thereof the following: "and for services". Senator Broun of the 46th asked unanimous consent to withdraw the amendment offered by Senators Broun of the 46th and Walker of the 19th to the substitute to HB 10 offered by Senator Littlefield of the 6th. The consent was granted, and the amendment offered by Senators Broun of the 46th and Walker of the 19th to the substitute to HB 10 offered by Senator Littlefield of the 6th was withdrawn. THURSDAY, MARCH 3, 1983 2407 On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker 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 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: Brannon Holloway (excused conferee) Kennedy (presiding) Littlefield Scott of 36th On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. 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." Senate Sponsor: Senator Lester of the 23rd. 2408 JOURNAL OF THE SENATE The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bowen Brantley Broun of 46th Bryant Burton Cobb Coggin Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Horton Howard Huggins Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Bond Brannon Brown of 47th Coleman Holloway (excused conferee) Hudgins Kennedy (presiding) Littlefield Scott of 36th Tate On the adoption of the resolution, the yeas were 46, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 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. Senate Sponsor: Senator Trulock of the 10th. THURSDAY, MARCH 3, 1983 2409 The Senate Committee on Human Resources offered the following amendment: Amend HB 80 by striking line 24 of Page 1 which reads as follows: "governing authority on the order of a physician or, if a", and inserting in lieu thereof the following: "governing authority of each such individual, either pursuant to the order of a physician or, if a". On the adoption of the amendment, the yeas were 5, nays 25, and the amendment was lost. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Horton Huggins Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Stumbaugh T1 oalfCp Thompson Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Brannon Coleman Holloway (excused conferee) Howard Hudgins Kennedy (presiding) Littlefield Scott of 36th Starr (excused conferee) On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. 2410 JOURNAL OF THE SENATE 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. Senate Sponsor: Senator Dean of the 31st. The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond 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 Horton Huggins Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Tate Thompson Timmons Turner Tysinger Walker Those not voting were Senators: Bowen Brannon Holloway (excused conferee) Howard Hudgins Kennedy (presiding) Littlefield Scott of 36th Stumbaugh Trulock On the adoption of the resolution, the yeas were 46, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 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. Senate Sponsor: Senator Scott of the 43rd. THURSDAY, MARCH 3, 1983 2411 The report of the committee, which was favorable to the passage of the bill, was agreed to. On 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 Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Horton Howard Huggins Kidd Those voting in the negative were Senators: Land Lester McGill McKenzie Perry Phillips Scott of 2nd Scott of 43rd Tate Timmons Trulock Turner Tysinger Walker Deal Peevy Those not voting were Senators: Stumbaugh Bowen Brannon Holloway (excused conferee) Hudgins Kennedy (presiding) Littlefield Scott of 36th Starr (excused conferee) Thompson On the passage of the bill, the yeas were 44, nays 3. The bill, having received the requisite constitutional majority, was passed. 2412 JOURNAL OF THE SENATE The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption: SR 122. By Senator Coverdell of the 40th: A resolution creating the Joint County and Municipal Grant Study Committee. The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to SR 122: A RESOLUTION Creating the Senate County and Municipal Grant Study Committee; and for other purposes. WHEREAS, The State of Georgia has for many years been providing financial assistance, either from the motor fuel tax fund or from state gen eral revenues, to counties and municipalities; and WHEREAS, county governments, pursuant to Code Section 48-14-3 of the Official Code of Georgia Annotated, annually receive approximately $4,817,013.00 in motor fuel funds allocated to each county in amounts fixed by that legislation; and WHEREAS, a grant program utilizing motor fuel tax revenues was established in the annual appropriations Act in 1951 and has been continued yearly since that time, and such grants are allocated based solely on a factor which considers county and state road mileage; and WHEREAS, a third grant program distributes general revenue funds to counties, pursuant to Code Section 36-17-2 of the Official Code of Geor gia Annotated, such grants also being based on county and state road mile age; and WHEREAS, incorporated municipalities in Georgia receive general funds under two grant programs comparable in amounts to those in the county grants cited above, pursuant to Chapter 40 of Title 36 of the Official Code of Georgia Annotated; and WHEREAS, in spite of the rising rate of inflation since the inception of these grant programs, counties continue to receive only approximately $11,917,013.00 and incorporated municipalities receive approximately $13,517,000.00, and these amounts have remained constant over the years; and WHEREAS, these amounts, when divided among the counties and mu nicipalities, provide little practical aid to local governments in the provision of local services; and WHEREAS, the formulas used to distribute grants to counties take into account only one factor, which is road mileage, and that factor is re lated only to transportation expenditures by local government; and THURSDAY, MARCH 3, 1983 2413 WHEREAS, the formulas used to distribute funds to municipalities are based solely on population, a factor which does not alone comprehensively reflect the cost of the provision of services by local government; and WHEREAS, the formulas by which grants to both counties and munic ipalities are distributed have borne little, if any, scrutiny since the inception of these programs; and WHEREAS, the concept of state financial assistance to local govern ment in Georgia requires further intensive analysis. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate County and Municipal Grant Study Committee to be composed of five Senators appointed by the President of the Senate. BE IT FURTHER RESOLVED that the committee shall be author ized to study and review both the present nature of state financial assistance to local governments in Georgia and the need for increased financial assis tance to local units of government. Such study shall include, but not be lim ited to, an analysis of the current legal criteria for distributing state funds under both the county and municipal grants programs in Georgia, recom mendations of necessary changes in such criteria, and the necessity for any new programs for increased state funding to local units of government. The committee is further authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with the purposes of this resolution to enable it to exercise its powers fully and adequately, to perform its duties, and to accomplish the objectives and purposes of this resolution. The executive branch of the government of the state is authorized to furnish such assistance to the committee within the capabilities of each department, and the committee is empowered to accept the assistance of interested parties outside of state government. Each com mittee member shall receive the expenses and allowances provided by law for members of legislative interim committees for attending meetings of the committee but shall receive the same for no more than nine days. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated to or available to the legislative branch of government. BE IT FURTHER RESOLVED that the committee shall make a re port of its findings and recommendations to the Governor and to the General Assembly on or before the date the General Assembly convenes in regular session in January, 1984, and on that date the committee shall stand abolished. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. 2414 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 Bond Bowen 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 Huggins Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Barnes Brannon Broun of 46th Fincher Hudgins Kennedy (presiding) Littlefield Scott of 36th Stumbaugh 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 message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House adheres to its insistence in substituting and appoints Committees of Conference to confer with like committees on the part of the Senate on the following bills of the Senate: 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, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, so as to change the provisions relating to the compensation of the tax commis sioner and his chief clerk. THURSDAY, MARCH 3, 1983 2415 The Speaker has appointed on the part of the House: Representatives Thompson and Aiken of the 20th and Atkins of the 21st. 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, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, so as to change the provisions relating to the compensation of the chairman and other members of the board of education. The Speaker has appointed on the part of the House: Representatives Thompson and Aiken of the 20th and Atkins of the 21st. The House has disagreed to the Senate substitute to 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 passed, by substitute, by the requisite constitutional majority the following bills of the Senate: 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; to repeal conflicting laws. 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. 2416 JOURNAL OF THE SENATE The following general resolution of the House, favorably reported by the commit tee, was read the third time and put upon its adoption: HR 30. By Representatives Ware of the 77th, Lee of the 72nd, Bray of the 91st and others: Senate Sponsor: Senator Kidd of the 25th. A RESOLUTION Proposing an amendment to the Constitution so as to provide that the office of any state, county, or municipal elected official shall be declared vacant upon such elected 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; to provide for the filling of vacancies; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article II, Section II of the Constitution is amended by adding at the end thereof a new Paragraph V to read as follows: "Paragraph V. Vacancies created by elected officials qualifying for other office. The office of any state, county, or municipal elected official shall be declared vacant upon such elected official qualifying, in a general primary or general election, or special primary or special election, for another state, county, or municipal elective 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 more than 30 days prior to the expiration of such official's present term of office. The vacancy created in any such office shall be filled as provided by this Con stitution or any general or local law. This provision shall not apply to any elected official seeking or holding more than one elective office when the holding of such offices simultaneously is specifically authorized 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 the office of any state, county, or municipal elected official shall be declared vacant upon such elected official qualify ing for another state, county, or municipal office or quali fying 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 more than 30 days prior to the expiration of such official's present term of office?" THURSDAY, MARCH 3, 1983 2417 All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Senators Coleman of the 1st, Barnes of the 33rd and Kidd of the 25th offered the following amendment: Amend HR 30 by inserting on Page 1, line 19, after "elected official", the following: "except judges". On the adoption of the amendment, the yeas were 30, nays 5, 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 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 Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Tl falltvp Thompson Timmons Trulock Turner Tysinger Walker Voting in the negative were Senators Coverdell and Stumbaugh. Those not voting were Senators: Barker Bowen Brannon Brantley Garner Hill 2418 JOURNAL OF THE SENATE Hudgins Kennedy (presiding) Littlefield Scott of 36th On the adoption of the resolution, the yeas were 44, nays 2. The resolution, having received the requisite two-thirds constitutional majority, was adopted as amended. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 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 House substitute to SB 81 was as follows: 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 of any county of this state having a population of less than 550,000 accord ing to the United States decennial census of 1980 or any future such census 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 such employees 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 procedures, re quirements, 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: THURSDAY, MARCH 3, 1983 2419 "47-2-296. (a) As used in this Code section: (1) 'County probation system' means the county probation system of any county of this state which has a population of less than 550,000 ac cording to the United States decennial census of 1980 or any future such census. (2) 'Local retirement system' means a retirement or pension system maintained by a county which includes as members thereof employees of the county probation system which becomes a part of the state-wide pro bation system, and the term includes any such retirement or pension cre ated 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 a 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 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 qualify under the provisions of subsection (e) of this Code section shall have the additional option to retire under the local retire ment system 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 Rehabilitation 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 employee 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 2420 JOURNAL OF THE SENATE 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 agree ment with the board of trustees or other managing body of the local re tirement system whereby the department may deduct such employee con tributions from the compensation of the employee and pay the amount deducted to the local retirement system. Employer contributions for con tinued 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 Rehabilitation or by another state department when applicable to the local retirement system. An em ployee continuing membership under a local retirement system under this subsection shall retain all rights, benefits, and privileges under the local retirement system in the same manner and to the same extent as if the employee remained an employee of the county. An employee electing to continue membership in a local retirement system shall not be and may not become a member of the Employees' Retirement 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 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 THURSDAY, MARCH 3, 1983 2421 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) The employees of a county probation system subject to the provi sions of 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 service 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 Employees' Retirement System of Georgia and, if the employee accepts employment as an employee of the Department of Offender Rehabilitation, shall become a member of the Employees' Retirement System of Georgia at the time the county probation system becomes a part of 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 creditable 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- 2422 JOURNAL OF THE SENATE 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. 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 24, 1983 SUBJECT: Fiscal Note--Substitute to Senate Bill 81 (LC 7 5374S) 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). These options are only available to employees of county probation systems in coun ties with a population of less than 550,000. Retirement options must be ex ercised within six months after the date the county probation system be comes a part of the statewide probation system, are irrevocable, and may not be later rescinded or modified. THURSDAY, MARCH 3, 1983 2423 Approximately 44 DeKalb County employees 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 compen sation 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 percent age rate applicable to other state employees. ERS and the local retire ment systems would incur no additional liabilities 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 ERS the employee contributions and interest which would have accumulated 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 re quired to pay any further amount necessary to fund benefits without cre ating an accrued liability for ERS. If the county, and when applicable, the local retirement system, fails to make the appropriate payments to ERS, then upon certification to the appropriate 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 liabilities because the accrued liability created by granting such service credit would be paid jointly by the county and the local retirement sys tem. The actuary for ERS has determined that as of January 1, 1982, the amount needed from the county and local retirement system to grant all eligible service under the local county probation system would be ap proximately $800,000. This amount would vary with the number of per sons actually transferring credits to ERS. 3. Persons who are members of a local retirement system and who are employees of a county probation system of a county with a popula tion 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 be comes part of the statewide probation system but would not be eligible to purchase any creditable service which is covered under the local retire ment system. For members electing this option, ERS would incur no additional 2424 JOURNAL OF THE SENATE liability since such members would be prohibited from transferring such creditable service. Since the employees affected by this option are eligible for retirement, there would be no impact on the local retirement systems. 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 be comes a part of the statewide probation system. Such members may purchase creditable service under ERS for all or any portion of previous actual service rendered as an employee of the applicable county proba tion 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 contri butions 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 six-month time limitation for exercis ing options would not apply to the purchase of this creditable service as members could purchase creditable service at any time during the first five years of membership in ERS. ERS could establish payment sched ules for eligible members to purchase this creditable service. For members electing this option, ERS would incur no additional liabilities because the accrued liability created by granting such service credit would be paid by the member. In summary, ERS would incur no additional liability for any of the four options available. The impact on the county and local retirement sys tem would depend on the number of eligible employees becoming ERS members and the amount of creditable service transferred. However, the ac tuary has determined that if all eligible employees transfer all eligible ser vice, the county and local system would be responsible for a payment to ERS of approximately $800,000. 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 Senator Coverdell of the 40th moved that the Senate agree to the House substitute by the following substitute: 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- THURSDAY, MARCH 3, 1983 2425 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 that certain employees of certain county probation systems shall re main members of a local retirement system and shall not have the option to become members of the Employees' Retirement System of Georgia; to pro vide for control over conflicting laws or ordinances; to provide procedures, requirements, and other 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. 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 a 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, subject to the limita tions of subsection (f) of 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 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, 2426 JOURNAL OF THE SENATE subject to the limitations of subsection (f) of this Code section, may ei ther continue active membership in the local retirement system as pro vided in this subsection or become a member of the Employees' Retire ment System of Georgia and transfer creditable service as an employee of the local retirement system to the Employees' Retirement System of Georgia as provided in subsection (d) of this Code section. Such employ ees who are subject to the provisions of subsection (e) of this Code sec tion shall have the additional option to retire under the local retirement system, if qualified therefor, as provided in said subsection (e). An em ployee 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 Rehabili tation 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 employee shall be included as salary for the purposes of a local retirement system in which such employee continues membership. Such employee shall con tinue to pay the employee contributions required under the local retire ment system; and, for such purposes, the Department of Offender Reha bilitation 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, except as oth erwise provided by subsection (f) of this Code section. Any such em 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 THURSDAY, MARCH 3, 1983 2427 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. (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 future such census. The employees of other county probation systems subject to the provisions of 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 service under the local retirement system to qualify for retirement bene fits. Such option may be exercised by any such employee making applica tion 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 Employees' Retirement System of Georgia and, if the employee accepts employment as an em ployee of the Department of Offender Rehabilitation, shall become a member of the Employees' Retirement System of Georgia at the time the county probation system becomes a part of the state-wide probation system. (f) This subsection shall apply only to employees of a county proba tion system of a county having a population of 550,000 or more accord ing to the United States decennial census of 1980 or any future such census. The employees of any such county probation system who were members of a local retirement system and who have ten or more years of creditable service under the local retirement system at the time the county probation system becomes a part of the state-wide probation sys tem shall not have the option to become members of the Employees' Re tirement System of Georgia, and such employees shall continue active membership in the local retirement system. The provisions of subsection (c) of this Code section shall apply to such employees, except for the provisions of said Code section relative to the option to become members of the Employees' Retirement System of Georgia. 2428 JOURNAL OF THE SENATE (g) 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 creditable 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. (h) 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. 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 THURSDAY, MARCH 3, 1983 2429 DATE: March 3, 1983 SUBJECT: Fiscal Note--Substitute to Senate Bill 81 (LC 7 5396S) 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 probations 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 compen sation 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 percent age rate applicable to other state employees. ERS and the local retirement systems would incur no additional lia bilities 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. Mem bers of a local retirement system of a county having a population of at least 550,000 and who have 10 or more years creditable service, shall not be eligible for this option and must remain with the local system. Within 30 days of a member's election of this option, the local retirement system must pay ERS the employee contributions and interest which would have accumulated 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 ac crued liability for ERS. For members electing this option, ERS would incur no additional liabilities because the accrued liability created by granting such service credit would be paid jointly by the county and the local retirement sys tem. 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 retirement systems. 2430 JOURNAL OF THE SENATE 3. Persons who are members of a local retirement system and who are employees of a county probation system of a county with a popula tion 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 be comes part of the statewide probation system but would not be eligible to purchase any creditable service which is covered under the local retire ment system. For members electing this option, ERS would incur no additional liability since such members would be prohibited from transferring such creditable service. Since the employees affected by this option are eligible for retirement, there would be no impact on the local retirement systems. 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 be comes a part of the statewide probation system. Such members may purchase creditable service under ERS for all or any portion of previous actual service rendered as an employee of the applicable county proba tion 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 contri butions 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 six-month time limitation for exercis ing options would not apply to the purchase of this creditable service as members could purchase creditable service at any time during the first five years of membership in ERS. ERS could establish payment sched ules for eligible members to purchase this creditable service. For members electing this option, ERS would incur no additional liabilities because the accrued liability created by granting such service credit would be paid by the member. In summary, ERS would incur no additional liability for any of the four options available. An actuarial analysis and a survey of persons affected by this Bill would be necessary to determine the exact fiscal impact on county governments and local retirement systems. 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 THURSDAY, MARCH 3, 1983 2431 On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barnes Bond Brantley Broun of 46th 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 Huggins 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: Barker Bowen Brannon Coggin Kennedy (presiding) Littlefield Starr (excused conferee) On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 81 by substitute by the Senate. The following bills of the House and Senate were taken up for the purpose of considering the Conference Committee reports thereon: 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. The Conference Committee report on HB 129 was as follows: The Conference Committee on HB 129 recommends that both the Sen- 2432 JOURNAL OF THE SENATE ate and the House of Representatives recede from their positions and that the attached Conference Committee substitute to HB 129 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Pierre Howard Senator, 42nd District /s/ Joseph E. Kennedy Senator, 4th District /s/ Paul H. Trulock Senator, 10th District FOR THE HOUSE OF REPRESENTATIVES: /s/ Kenneth W. Birdsong Representative, 104th District /s/ Larry Walker Representative, 115th District /s/ DuBose Porter Representative, 119th District Conference Committee substitute to HB 129: A BILL TO BE ENTITLED AN ACT 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; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia, relating to health of public school children, is amended by adding at the end of said Part 3 a new Code Section 20-2-772 to read as follows: "20-2-772. In addition to any other requirements of this part, the Department of Human Resources is authorized and directed, in coopera tion with the State Board of Education, to promulgate rules and regula tions to provide for the screening of public school children for scoliosis." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Howard of the 42nd moved that the Senate adopt the Conference Com mittee report on HB 129. 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 Brantley Broun of 46th THURSDAY, MARCH 3, 1983 2433 Brown of 47th Bryant Burton Cobb Cgg in Coleman CDoavwekridnesll Deal Dean English Engram Fincher Foster Garner Greene Harris Harrison Hi" Hine Holloway HHoowrtoanrd Hudgins Huggins Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43r(J cSt. umb, aug,,h. i*te Thompson Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Bowen Brannon Gillis Kennedy (presiding) Littlefield Starr (excused conferee) On the motion, the yeas were SO, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 129. 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 ofTenses, so as to define the crime of sexual assault; to define other terms; to provide penalties. The Conference Committee report on SB 40 was as follows: The Conference Committee on SB 40 recommends that the House of Representatives recede from its position and that SB 40 as passed by the Senate be adopted. Respectfully submitted, FOR THE SENATE: /s/ Floyd Hudgins Senator, 15th District /s/ Joe Thompson Senator, 32nd District /s/ Culver Kidd Senator, 25th District FOR THE HOUSE OF REPRESENTATIVES: /s/ Randolph C. Karrh Representative, 109th District /s/ Roger Byrd Representative, 153rd District /s/ John Adams Representative, 16th District 2434 JOURNAL OF THE SENATE Senator Hudgins of the 15th moved that the Senate adopt the Conference Com mittee report on SB 40. 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 Brantley Broun of 46th 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 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: Bowen Brannon Garner Gillis Huggins Kennedy (presiding) Littlefield Starr (excused conferee) On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 40. The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Deal of the 49th moved that the Senate insist upon the Senate substitute to HB 121. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 121. THURSDAY, MARCH 3, 1983 2435 The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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 House substitute to SB 21 was as follows: A BILL TO BE ENTITLED AN ACT To amend Code Section 15-6-86 of the Official Code of Georgia Anno tated, relating to the location of the office and storage of records of the clerk of the superior court, so as to change the provisions relating to the storage of records; to amend Chapter 9 of Title 36, relating to county property gener ally, so as to change the provisions relating to the storage of certain books and records; to define the term "county document"; to provide for the safe storage of county documents; to provide for enforcements; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-6-86 of the Official Code of Georgia An notated, relating to the location of the office and storage of records of the clerk of the superior court, is amended by adding at the end thereof a new subsection (d) to read as follows: "(d) Notwithstanding any other provision of this Code section, county documents, as defined in subsection (c) of Code Section 36-9-5, shall be stored only in accordance with the provisions of Code Section 36-9-5." Section 2. Chapter 9 of Title 36 of the Official Code of Georgia An notated, relating to county property generally, is amended by striking in its entirety Code Section 36-9-5, relating to the erection, repair, and furnishing of county buildings and storage of records, and inserting in lieu thereof a new Code Section 36-9-5 to read as follows: "36-9-5. (a) It is the duty of the county governing authorities to erect or repair, when necessary, their respective courthouses and jails and all other necessary county buildings and to furnish each with all the fur niture necessary for the different rooms, offices, or cells. (b) The county buildings shall be erected and kept in order and re paired at the expense of the county under the direction of the county governing authority which is authorized to make all necessary contracts for that purpose. (c) (1) As used in this subsection, the term 'county document' means: 2436 JOURNAL OF THE SENATE (A) Records documenting property rights, deeds, and wills; and (B) Tax records documenting ownership of property and the latest valuations of property. (2) A county officer, the county board of tax assessors, or any other officer of the county having the responsibility or custody of any county documents set forth in paragraph (1) of this subsection shall, at night or when the county office is closed, keep such county documents: (A) In a fireproof safe or vault; (B) In fireproof cabinets; (C) On microfilm, pursuant to the standards set forth in Article 6 of Chapter 18 of Title 50, only if a security copy has been sent to the Geor gia State Archives; or (D) At a location not more than 25 miles from the courthouse in a building or facility which is in compliance with the fire safety standards applicable to archives and record centers as established by the National Fire Protection Association in Standard No. 232, as such standard was adopted on May 18, 1972. (3) It is the duty of the county governing authorities to furnish the necessary fireproof equipment, microfilming equipment and supplies, or some other safe facility for such county documents. (4) On and after January 1, 1985, county documents shall be stored only in accordance with the provisions of this subsection. The local fire marshal in each county shall monitor the various county offices in the county to assure compliance with the provisions of this subsection." Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Cobb of the 28th moved that the Senate agree to the House substitute to SB 21. 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 Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Greene Harris Harrison Hill Hine Holloway Horton THURSDAY, MARCH 3, 1983 2437 Howard Huggins 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 Brantley Garner Gillis Hudgins Kennedy (presiding) Littlefield Starr (excused conferee) On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 21. The following general bills and resolutions of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 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. Senator Sponsor: Senator Kidd of the 25th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engrain Fincher Foster Garner Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester McGill 2438 JOURNAL OF THE SENATE 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: Brannon Gillis Kennedy (presiding) Littlefield Tysinger On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Harris of the 27th. 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 Fincher Foster Garner Gillis Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester McGill McKenzie Peevy Perry THURSDAY, MARCH 3, 1983 2439 Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Brannon Greene Kennedy (presiding) Littlefield Phillips On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 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. Senate Sponsor: Senator Barnes of the 33rd. The Senate Committee on Judiciary and Constitutional Law offered the following amendment: Amend HB 137 by striking line 2 through line 8 of Page 3 and in serting in lieu thereof the following: "of disposition for restrictive custody; (E) Officials of the Department of Offender Rehabilitation after a person subject to an order of disposition for restrictive custody is con victed of a criminal offense and committed to the jurisdiction of said de partment; or (F) The defendant or his attorney of record." Senator Hudgins of the 15th moved that HB 137 be committed to the Senate Committee on Judiciary. Senator Barnes of the 33rd moved the previous question. Senator Kennedy of the 4th, President Pro Tempore, who was presiding, stated that the motion offered by Senator Barnes of the 33rd takes precedence. 2440 JOURNAL OF THE SENATE On the motion offered by Senator Barnes of the 33rd, the yeas were 14, nays 22; the motion was lost, and the previous question was not ordered. On the motion offered by Senator Hudgins of the 15th, the yeas were 30, nays 11; the motion prevailed, and HB 137 was committed to the Senate Committee on Judiciary. HR 246. By Representative Ware of the 77th: A resolution designating the Pleasant Theodore McCutchen, Sr. Bridge. Senate Sponsor: Senator Holloway of the 12th. 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 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 Horton Howard Hudgins Huggins Kidd Lester McGill Peevy Perry Scott of 2nd Scott of 36th Starr Stumbaugh Tate Thompson Timmons Turner Tysinger Walker Those not voting were Senators: Barker Bowen Brannon Harrison Holloway (excused conferee) Kennedy (presiding) Land Littlefield McKenzie Phillips Scott of 43rd Trulock On the adoption of the resolution, the yeas were 44, nays 0. THURSDAY, MARCH 3, 1983 2441 The resolution, having received the requisite constitutional majority, was adopted. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 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 House substitute to SB 69 was as follows: A BILL TO BE ENTITLED AN ACT To amend Code Section 5-5-42 of the Official Code of Georgia Anno tated, relating to forms for motions for new trials, so as to provide a form for motion for new trials in criminal cases; to provide that such forms shall be sufficient in law; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 5-5-42 of the Official Code of Georgia Anno tated, relating to forms for motions for new trials, is amended by striking said Code section in its entirety and inserting in its place a new Code Sec tion 5-5-42 to read as follows: "5-5-42. (a) The form for motion for new trial in civil cases pre scribed in subsection (b) of this Code section shall be sufficient, but any other form substantially complying therewith shall also be sufficient. (b) Form for motion for new trial in civil cases: IN THE _____COURT OF________COUNTY STATE OF GEORGIA (Plaintiff) v. ) (Civil Action) ) File no.____ Defendant ) MOTION FOR NEW TRIAL Defendant moves the court to set aside the verdict returned herein on______, 19_, and the judgment entered thereon 2442 JOURNAL OF THE SENATE on _________, 19_, and to grant a new trial on the following grounds: (1) The verdict is contrary to law. (2) The verdict is contrary to the evidence. (3) The verdict is strongly against the weight of the evidence. (4) The court erred in permitting witness Smith to testify as follows:----------------------------. (5) The court erred in failing to charge the jury on unavoidable ac cident as requested in writing by defendant. (6) The court erred in charging the jury as follows:---------------- Dated:__________, 19_. Attorney for defendant (Here set forth rule nisi and certificate of service.) Address (c) The form for motion for new trial in criminal cases in subsection (d) of this Code section is declared to be sufficient but any other form substantially complying therewith shall also be sufficient. (d) Form for motion for new trial in criminal cases: IN THE _________ COURT OF _________ COUNTY STATE OF GEORGIA (The State) v. ) (Indictment) ) (Accusation) ) File no.___ Defendant ) MOTION FOR NEW TRIAL Defendant moves the court to set aside the verdict returned herein on --------------, 19--, and the sentence entered thereon on _______, 19_, and to grant a new trial on the following grounds: (1) The defendant should be acquitted and discharged due to the state's failure to prove guilt beyond a reasonable doubt. (2) Although the state proved the defendant's guilt beyond a reason- THURSDAY, MARCH 3, 1983 2443 able doubt, the evidence was sufficiently close to warrant the trial judge to exercise his discretion to grant the defendant a retrial. (3) The court committed an error of law warranting a new trial. Dated:__________, 19_. Attorney for defendant Address (Here set forth rule nisi and certificate of service.)" Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 69. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene IH_ii:lill Hine Holloway Horton Howard Hudgins Muggins Kidd Lester McGill McKenzie Peevy Perry Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker Those not voting were Senators: Barker Brannon Coverdell Harris Harrison Kennedy (presiding) Land Littlefield Phillips Timmons 2444 JOURNAL OF THE SENATE On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 69. The following general bill and resolution of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 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. Senate Sponsor: Senator Scott of the 43rd. The Senate Committee on Federal, State and Community Affairs offered the fol lowing amendment: Amend HB 340 by striking from lines 18 and 19 of Page 1 the following: "to provide for the preparation and filing of annual reports by the Authority;", and inserting in its place the following: "to change the manner of publication of certain reports;". By striking lines 16 through 33 of Page 5, lines 1 through 34 of Page 6, and lines 1 through 6 of Page 7 and inserting in their place the following: "Section 14A. The Authority shall have available at its principal office for public inspection at all times during regular business hours of the Authority an accurate and brief summary disclosing all material terms of each contract which the Authority has entered into and the terms of which call for expenditures by the Authority of more than $150,000. The Authority shall publish in a daily newspaper of general circulation within the entire geographic area of the Authority's opera tions an annual report for the period ending June 30 of each year. Each annual report shall include a statement of the tax revenue and operating revenue received during the period, a statement of the total expenditures made during the period and a list of all written contracts entered into by the Authority during the period which call for the Authority to expend at any time in the aggregate more than $50,000. Such list shall also include any employment or consultant contracts (whether or not written) under which the employee or consultant is to be compensated at an annual rate of more than $20,000, including direct and indirect or deferred benefits. When a person or firm, whose salary or fee is reportable hereunder, shall have his compensation increased at any time, the amount of such in crease and the total new rate shall be reported for the period in which the increase takes effect. The list of contracts shall state the anticipated amount of funds to be paid thereunder, or the formula for determining THURSDAY, MARCH 3, 1983 2445 such amount. The Authority shall also publish a list of the names of each person, firm or corporation which has received from the Authority during such period in excess of $20,000, as well as the amount paid to such person, firm or corporation during such period. The published informa tion shall also be filed as a statement, verified by the Chairman of the Board of the Authority and its General Manager, with members of the Metropolitan Atlanta Rapid Transit Authority Overview Committee, the State Auditor and with governing authorities of each county and the largest municipality in the area of the Authority's operation. The annual report required by this Section shall be published and filed within fortyfive days of the end of the reporting period." 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: Allgood Barker Barnes Bond Bowen Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Gillis Harris Harrison Hill Hine Holloway Horton Howard Huggins Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker Voting in the negative was Senator Hudgins. Those not voting were Senators: Brannon Brantley Broun of 46th Garner Greene Kennedy (presiding) Littlefield Scott of 36th Timmons 2446 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 46, nays 1. The bill, having received the requisite constitutional majority, was passed as amended. The President resumed the Chair. 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. Senate Sponsor: Senator Bond of the 39th. 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 Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Land Lester McGill Peevy Perry Phillips Scott of 2nd 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 Hudgins Littlefield McKenzie Scott of 36th Starr (excused conferee) THURSDAY, MARCH 3, 1983 2447 On the adoption of the resolution, the yeas were 46, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: 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. The House amendment was as follows: Amend SB 190 by striking from lines 8 through 10 of Page 1 the following: "to provide for the regulation of personal care homes and for a defi nition, permits, fees, and costs thereof;", and inserting in its place the following: "to provide for the inspection of personal care facilities and fees therefor; to provide a definition;". By striking lines 20 through 33 of Page 4 and lines 1 through 5 of Page 5 and inserting in their place the following: "31-7-11. (a) As used in this Code section, the term 'personal care home' means a facility as defined in rules of the Department of Human Resources, Chapter 290-5-35, as such rules exist on the effective date of this Code section. (b) The department may designate county boards of health to act as agents to assist the department in inspecting personal care homes li censed under this chapter. With approval of the department, county boards of health may establish inspection fees to defray part of the costs of inspections performed for the department." Senator Howard of the 42nd moved that the Senate agree to the House amend ment to SB 190. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond Bowen Brantley Brown of 47th Bryant Burton 2448 JOURNAL OF THE SENATE Cobb Coggin Coleman Dawkins Deal English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Brannon Broun of 46th Coverdell Dean Hudgins Littlefield Scott of 2nd Scott of 36th On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 190. The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon: 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 Conference Committee report on HB 460 was as follows: The Conference Committee on HB 460 recommends that both the Sen ate and the House of Representatives recede from their positions and that HB 460, as passed by the House of Representatives, be adopted with the following amendments: By adding on line 15 of Page 1 after the following: "persons", the following: "and business entities". By adding on line 2 of Page 10 after the following: "families", THURSDAY, MARCH 3, 1983 2449 the following: "and commercial structures not to exceed 10,000 square feet in area". Respectfully submitted, FOR THE SENATE: /s/ Kyle T. Cobb Senator, 28th District /s/ James W. Tysinger Senator, 41st District /s/ James R. Walker Senator, 19th District FOR THE HOUSE OF REPRESENTATIVES: /s/ G. D. Adams Representative, 36th District /s/ Johnny Isakson Representative, 21st District /s/ William J. Lee Representative, 72nd District Senator Tysinger of the 41st moved that the Senate adopt the Conference Com mittee report on HB 460. 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 ofantleyf ,,, u Brown of 47th Bryant CBoubrtbon Coggin Coleman Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Harris 5-" Mine Holloway HHoowrtoanrd Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd ,, S^ttuamrrb, augh, late Thompson Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Brannon Broun of 46th Coverdell Greene Harrison Littlefield 2450 JOURNAL OF THE SENATE On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 460. 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 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. Senate Sponsor: Senator Kidd of the 25th. Senator Kidd of the 25th offered the following amendment: Amend HB 622 by striking lines 1 through 3 of Page 1 and substituting in lieu thereof the following: "To amend Title 21 of the Official Code of Georgia Annotated, re lating to elections, so as to provide that counties shall be reimbursed for all or part of the expenses necessitated by Code Section 21-2-261.1 from funds appropriated to the Secretary of State for such purposes; to". By adding between lines 8 and 9 of Page 1 a new Section 1 to read as follows: "Section 1. Title 21 of the Official Code of Georgia Annotated, re lating to elections, is amended by striking in its entirety Code Section 212-264, relating to appropriation of funds to the Secretary of State for counties to implement the requirements of Code Section 21-2-261.1, and substituting in lieu thereof a new Code Section 21-2-264 to read as follows: '21-2-264. In all cases of the division, redivision, alteration, forma tion, or consolidation of precincts, the costs of the proceedings shall be paid by the county. There may be appropriated to the Secretary of State funds to be granted to counties for purposes of meeting the requirements of Code Section 21-2-261.1. Upon the filing of a written request by the election officials of any qualified county, a qualified county shall be reim bursed for all reasonable expenses incurred by such county which are directly related to the redrawing of voting precinct boundaries, verifica tion of voting, precinct residency, notification of voter precinct and pol ling place changes, and compilation and preparation of the electors list as necessitated by Code Section 21-2-261.1; provided, however, that such reimbursement of costs shall not exceed 25f per registered voter whose name appeared on such county's electors list as of January 1, 1982. Any qualified county seeking reimbursement of such costs shall present an itemized description of such costs to the Secretary of State. If the Secre tary of State, after a review of the report of such costs incurred by a county, shall find that all or portions of such costs were reasonable and THURSDAY, MARCH 3, 1983 2451 were directly related to the preparation of such descriptions and lists, he shall approve all of those parts of the costs deemed reasonable and shall reimburse the counties for such expenses. Any state funds necessary to carry out the provisions of this subsection shall come only from those funds appropriated to the Secretary of State specifically for the purpose of implementing the provisions of Code Section 21-2-261.1. If such funds are not sufficient to bear completely the cost of fully implementing the provisions of Code Section 21-2-261.1, payment to the counties seeking assistance and payment shall be made on a pro rata basis subject to the availability of appropriated funds.' " By striking lines 9 through 14 of Page 1 and inserting in lieu thereof the following: "Section 2. Said title is further amended by striking in its entirety Code Section 21-3-94, relating to reopening of qualification for office upon the death of a candidate in nonpartisan municipal elections, and substituting in lieu thereof a new Code Section 21-3-94 to read as follows:". By renumbering Sections 2 and 3 on lines 1 and 4 of Page 2 as Sections 3 and 4, respectively. 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: Allgood Barker Barnes Bond Bowen Brantley Broun of 46th n ry , TM{n Coggin Coleman Dawkins Deal Dean English Engrain Fincher Foster Garner Gillis Harris Hill Rine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott rf 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker 2452 JOURNAL OF THE SENATE Those not voting were Senators: Brannon Brown of 47th Coverdell Greene Harrison Littlefield Starr (excused conferee) 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 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. Senate Sponsor: Senator McKenzie of the 14th. The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 247: A BILL TO BE ENTITLED AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to require that a copy of the municipal corpora tion's resolution activating a downtown development authority shall be filed with the Department of Community Affairs; to provide for comments; to provide for certain information to be filed; to delete the provisions allowing municipal disapproval of bonds, notes, or other obligations; to change cer tain provisions relating to interests of or involvements by directors or mem bers of development authorities, downtown development authorities, and cer tain other authorities; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking subsection (b) of Code section 36-42-5, which reads as follows: "(b) A copy of the governing body's resolution shall be filed with the Secretary of State, who shall maintain a record of all authorities acti vated under this chapter.", and inserting in its place the following: "(b) A copy of the governing body's resolution shall be filed with the THURSDAY, MARCH 3, 1983 2453 Secretary of State, who shall maintain a record of all authorities acti vated under this chapter, and with the Department of Community Af fairs. The Department of Community Affairs may, but shall not be re quired to, furnish written comments to any authority within 30 days after the governing body's resolution is filed with the Department of Commu nity Affairs. Any such comments shall be furnished by the authority to the governing body of the municipal corporation which activated the au thority. Such comments shall be informational only and shall not affect any action taken or to be taken by any authority or governing body, and no action of the authority or the governing body shall be required in response to any such comments. The requirements of this subsection re lating to filing with the Department of Community Affairs shall apply only to authorities originally activated after July 1, 1983." Section 2. Said title is further amended by striking Code Section 3642-6, relating to actions subsequent to the activation of a downtown develop ment authority, and inserting in its place the following new Code section: "36-42-6. The governing body of the municipal corporation may, by proper resolution adopted subsequent to its resolution activating its authority: (1) Change its designation of the downtown development area to a geographical area within the municipal corporation which, in the judg ment of the governing body, at the time constitutes the central business district, provided that any such change in the downtown development area shall be effective prospectively from the adoption of the resolution providing therefor and shall not affect any project of, or any action taken by, the authority within or with respect to the downtown development area as defined prior to such change becoming effective; and (2) Appoint directors of the authority which the governing body of the municipal corporation is authorized to appoint. Section 3. Said title is further amended by striking subsection (c) of Code Section 36-42-9, relating to bonds, notes, and other obligations of downtown development authorities, and inserting in its place the following: "(c) Each authority shall file with the Department of Community Affairs, not later than the last day of January of each year, a statement with respect to all bonds, notes, and other obligations which it issued during the immediately preceding calendar year, and such statement shall contain with respect to each such issue of bonds, notes, or other obligations: (1) The name and address of the authority; (2) The date of the issue and the face amount of the issue; (3) The name and address of the principal user or principal users, determined based upon reasonable expectations at the time of issuance, of any facilities provided with the proceeds of the issue; and (4) A general description of the type of project financed with pro ceeds of the issue. 2454 JOURNAL OF THE SENATE The Department of Community Affairs may, for cause shown, grant an extension of the time within which such filing is required. Such filing shall be informational only, shall not affect any action taken or to be taken by any authority, and shall be deemed to be made upon mailing to the Department of Community Affairs in Atlanta, Georgia. Such state ment may, at the authority's option, be filed separately with respect to each issue at the time of issuance or any time thereafter prior to January 31 of the next year. The requirements of this subsection (c) shall apply to bonds, notes, and other obligations which are issued after November 1, 1983." Section 4. Said title is further amended by striking from Code Section 36-62-5, relating to persons serving as directors of a development authority, paragraph (1) of subsection (e) and inserting in its place the following: "(1) The provisions of Code Sections 45-10-3 and 45-10-23 shall ap ply to all directors of the authority. The provisions of paragraph (9) of Code Section 45-10-3 and Code Section 45-10-23 shall be deemed to have been complied with and the authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any director or any organization or person with which any director of the authority is in any way interested or involved, provided (1) that any interest or in volvement by such director is disclosed in advance to the directors of the authority and is recorded in the minutes of the authority, (2) that no director having a substantial interest or involvement may be present at that portion of an authority meeting during which discussion of any mat ter is conducted involving any such organization or person, and (3) that no director having a substantial interest or involvement may participate in any decision of the authority relating to any matter involving such organization or person. As used in this subsection, a 'substantial interest or involvement' shall mean any interest or involvement which reasonably may be expected to result in a direct financial benefit to such director as determined by the authority, which determination shall be final and not subject to review. Section 5. Said title is further amended by striking subsection (a) of Code Section 36-62A-1, relating to conduct of directors and members of downtown development authorities, and inserting in its place the following: "(a) Code Section 45-10-3, relating to code of ethics of members of boards, commissions, and authorities, and Code Section 45-10-23, which prohibits members of boards, bureaus, and commissions from contracting with agencies on which they serve as members, shall apply to all direc tors and members of any downtown development authority created pur suant to Chapter 42 of this title, known as the 'Downtown Development Authorities Law,' or of any authority created by or pursuant to a local constitutional amendment, whether for the purpose of promoting the de velopment of trade, commerce, industry, and employment opportunities or for other purposes, to the extent that the Constitution authorizes the General Assembly by law to define further and to enlarge or restrict the powers and duties of any such authority created by or pursuant to a local constitutional amendment. The provisions of paragraph (9) of Code Sec tion 45-10-3 and Code Section 45-10-23 shall be deemed to have been complied with and any such authority may purchase from, sell to, borrow THURSDAY, MARCH 3, 1983 2455 from, loan to, contract with, or otherwise deal with any director or mem ber or any organization or person with which any director or member of said authority is in any way interested or involved, provided (1) that any interest or involvement by such director or member is disclosed in ad vance to the directors or members of the authority and is recorded in the minutes of the authority, (2) that no director having a substantial inter est or involvement may be present at that portion of an authority meeting during which discussion of any matter is conducted involving any such organization or person, and (3) that no director having a substantial in terest or involvement may participate in any decision of the authority relating to any matter involving such organization or person. As used in this subsection, a 'substantial interest or involvement' shall mean any in terest or involvement which reasonably may be expected to result in a direct financial benefit to such director or member as determined by the authority, which determination shall be final and not subject to review." Section 6. Except as otherwise provided in Sections 1 and 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. All laws and parts of laws in conflict with this Act are repealed. Senators Deal of the 49th and Barnes of the 33rd offered the following amendment: Amend the substitute to HB 247 offered by the Senate Committee on Federal, State and Community Affairs by adding on Page 3, line 6 the following: "(3) Disapprove any proposed issue of revenue bonds, notes, or other obligations of the Authority, in the manner provided in this chapter." On the adoption of the amendment, the yeas were 38, 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 Bond Bowen Brantley Broun of 46th 2456 Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner JOURNAL OF THE SENATE Gillis Harris 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: Barnes Brannon Greene Harrison Hill Littlefield Starr (excused conferee) On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. 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. Senate Sponsor: Senator Allgood of the 22nd. 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 THURSDAY, MARCH 3, 1983 2457 Broun of 46th Brown of 47th Bryant Burton Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Harris Harrison Hine Holloway Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Tysinger Walker Voting in the negative was Senator Horton. Those not voting were Senators: Brannon Cobb Greene Hill Howard Littlefield Stumbaugh On the adoption of the resolution, the yeas were 48, nays 1. The resolution, having received the requisite constitutional majority, was adopted. 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. Senate Sponsor: Senator Coggin of the 35th. Senator Land of the 16th offered the following amendment: Amend HB 568 by striking lines 10 through 29 of Page 7 and inserting in lieu thereof the following: " '(1) Each application for a license shall show that the dealer main tains an automobile dealer's public liability insurance policy with liability limits of not less than $50,000.00 per person, $100,000.00 per accident, and $25,000.00 for damage to property." On the adoption of the amendment, the yeas were 4, nays 37, and the amendment was lost. 2458 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 Coverdell Dawkins Dean English Engram Fincher Foster Garner Gillis Harris Harrison Hill 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 Voting in the negative were Senators Deal and Peevy. Those not voting were Senators: Brannon Coleman Greene Littlefield On the passage of the bill, the yeas were 50, nays 2. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Howard of the 42nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. THURSDAY, MARCH 3, 1983 2459 On 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 Coggin Coleman Coverdell Dawkins Deal English Engram Fincher Foster Garner Gillis Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land 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: Bond Brannon Dean Greene Lester Littlefield Scott of 2nd On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Garner of the 30th. The report of the committee, which was favorable to the passage of the bill, was agreed to. 2460 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 Bryant Burton Cobb Coggin Coleman Coverdell Dean English Engram Fincher Foster Garner Gillis Harris Harrison Hill Hine Holloway Horton 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 voting in the negative were Senators: Broun of 46th Brown of 47th Dawkins Deal Howard Peevy Those not voting were Senators: Brannon Greene Huggins Littlefield On the passage of the bill, the yeas were 46, nays 6. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator McGill of the 24th. The report of the committee, which was favorable to the passage of the bill, was agreed to. THURSDAY, MARCH 3, 1983 2461 On 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 f^nepopjn Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway 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 Tysinger Walker Voting in the negative was Senator Howard. Those not voting were Senators: Brannon Horton Littlefield On the passage of the bill, the yeas were 52, nays 1. 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 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. The Conference Committee report on HB 163 was as follows: The Conference Committee on HB 163 recommends that both the Senate and 2462 JOURNAL OF THE SENATE the House of Representatives recede from their positions and that the attached Confer ence Committee substitute to HB 163 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 163: A BILL TO BE ENTITLED AN ACT To make and provide appropriations for the State fiscal year beginning July 1, 1983, and ending June 30, 1984; to make and provide such appropri ations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an 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 State fiscal year beginning July 1, 1983, and ending June 30, 1984, as pre scribed hereinafter for such fiscal year, from funds from the Federal Gov ernment, and the General Funds of the State including unappropriated sur plus and a revenue estimate of $4,018,000,000 for State fiscal year 1984. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch .............. $ Operations ............................. $ Total Funds Budgeted ................... $ State Funds Budgeted ............... $ Budget Unit Object Classes: Operations ............................. $ 15,916,570 15,916,570 15,916,570 15,916,570 15,916,570 THURSDAY, MARCH 3, 1983 2463 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 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 .................... $ 6,038,597 6,222,927 6,222,927 5,688,597 2464 JOURNAL OF THE SENATE 2. Tax Ratio Study ......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Budget Unit Object Classes: Operations .............. Tax Ratio Study ......... Authorized Motor Vehicles Total Positions Budgeted PART II. JUDICIAL BRANCH 350,000 350,000 350,000 6,222,927 350,000 28 165 Section 3. Supreme Court. Budget Unit: Supreme Court 2,780,434 For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, and their retirement contribu tions. Provided, however, that the sum of $7,500 shall be allocated for the payment of attorneys' fees and legal ex penses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Session, pp. 478-481 (Code Sections 17-12-60 through 17-12-62). Provided, however, that the sum of $10,500 shall be allocated for the cost of Georgia's pro rata share for the operation of the National Center for State Courts. Total Positions Budgeted 59 Section 4. Superior Courts. Budget Unit: Superior Courts $ 22,531,919 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). THURSDAY, MARCH 3, 1983 2465 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, however, that the listed appropriation shall be increased by the amount of $5,000 per annum for the cost of the habeas corpus clerk. Provided, that of the above appropriation relating to Superior Courts, $485,674 is designated and committed for the Prosecuting Attorneys' Council for operations and $101,046 is designated and committed for the Sentence Review Panel. Provided, however, of the above appropriation $10,000 is designated and committed to permit Judges with less than five years of experience to attend the Judi cial College. Total Positions Budgeted 544 Section 5. Court of Appeals. Budget Unit: Court of Appeals ............. $ 3,068,416 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 59 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 .................... $ 713,282 414,357 68,925 230,000 713,282 2466 JOURNAL OF THE SENATE State Funds Budgeted .................... $ Total Positions Budgeted 713,282 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 ............... $ 193,100 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 Art. 2, Chap. 18 of Title 50. Total Positions Budgeted 0 Section 8. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission ........................... $ 50,471 For the cost of operating the Judicial Qualifications Commission. Total Positions Budgeted 0 Section 9. Board of Court Reporting. Budget Unit: ............................ $ 16,675 For the cost of operating the Board of Court Report ing. Total Positions Budgeted 1 Section 10. Council of Juvenile Court Judges. Budget Unit: ............................ $ 109,761 For the cost of operating the Council of Juvenile Court Judges. Total Positions Budgeted THURSDAY, MARCH 3, 1983 2467 Section 11. Georgia Justice Courts Training Coun cil. Budget Unit: ............................ $ 15,060 For the cost of operating the Georgia Justice Courts Training Council. Total Positions Budgeted Section 12. Georgia Judicial Administrative Dis tricts. Budget Unit: ............................ $ 518,249 For the cost of operating the Georgia Judicial Ad ministrative Districts. Provided, however, that the sum of $50,000 shall be allocated to each district. Total Positions Budgeted 20 PART III. EXECUTIVE BRANCH Section 13. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ................. $ 29,842,205 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 234,003 6,645 2,500 --0-- 500 --0-- --0-- 15,750 3,827 17,000 280,225 280,225 6 2. Departmental Administration Budget: Personal Services......................... $ 1,163,677 Regular Operating Expenses ............... $ 132,031 2468 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 ............. $ 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 Building Operations ............... $ Direct Payments to Georgia Building Authority for Authority Lease Rentals ................ $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 14,545 --0-- 12,470 1,283 30,000 231,927 21,354 --0-- --0-- 397,369 --0-- 850,000 2,854,656 2,634,656 42 Provided, the Department is authorized to utilize $220,000 of previously appropriated funds for the pur pose of the above expenditures. 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 ......................... $ 903,425 99,718 6,000 --0-- 9,500 1,576 5,667,756 83,576 17,774 --0-- 608,800 7,398,125 4,940,463 29 258,782 THURSDAY, MARCH 3, 1983 2469 Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing.................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts .........$ Materials for Resale ...................... $ Utilities .................................$ Total Funds Budgeted .................... $ Total Expenditures Authorized ............. $ State Funds Budgeted .................... $ Total Positions Budgeted 5. Procurement Administration Budget: Personal Services......................... $ Regular Operating Expenses ...............$ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 6. General Services Administration Budget: Personal Services......................... $ Regular Operating Expenses ...............$ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ Total Expenditures Authorized ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 7. Space Management Administration Budget: Personal Services......................... $ 333,156 1,450 79,654 800 6,517,830 --0-- 7,191,672 7,191,672 --0-- 15 1,252,913 116,592 9,650 --0-- 35,500 1,325 220,000 195,362 38,735 --0-- 1,870,077 1,870,077 50 332,594 8,192 6,550 ---0-- 10,300 200 19,747 39,153 23,366 ---0-- 440,102 440,102 --0-- 13 267,908 2470 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 ............. $ Materials for Resale ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 8,066 4,000 --0-- 400 1,000 5,000 25,650 5,018 --0-- --0-- 317,042 317,042 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 17,558,572 1,457,448 60,000 --0-- 361,000 160,745 305,000 17,598,727 1,768,080 311,779 2,457,662 433,800 42,472,813 42,472,813 13,799,742 661 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 ............. $ To 1 Funds Budgeted .................... $ To 1 Expenditures Authorized ............. $ State Funds Budgeted .................... $ Total Positions Budgeted 398,502 1,485,418 --0-- 279,500 ---0-- 27,000 --0-- 720 --0-- --0-- 2,191,140 2,191,140 --0-- 22 THURSDAY, MARCH 3, 1983 2471 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 2,600,956 378,661 11,000 68,770 58,770 56,000 164,606 186,528 385 5,000 29,101,171 32,631,847 32,631,847 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 1,470,236 1,555,797 115,000 158,209 400,000 3,699,242 3,699,242 --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 .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 765,497 275,487 24,349 --0-- 17,500 3,600 1,500 6,000 13,758 25,000 12,000 27,512 1,172,203 --0-- 39 2472 JOURNAL OF THE SENATE 13. Mail and Courier Services Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Materials for Resale ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ Total Expenditures Authorized ............. $ State Funds Budgeted .................... $ Total Positions Budgeted 170,557 118,845 --0-- 10,000 --0-- 1,660 --0-- 11,997 --0-- --0-- --0-- 313,059 313,059 --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 610,149 33,506 29,500 14,000 3,000 5,900 73,000 63,829 15,052 --0-- 20,000 867,936 867,936 --0-- 24 Budget Unit Object Classes: Personal Services ......................... $ 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 ......................... $ 27,987,771 6,009,562 168,094 372,270 508,940 376,739 6,486,609 2,866,435 451,048 488,600 17,598,727 27,512 2,457,662 THURSDAY, MARCH 3, 1983 2473 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 Operations ............................ $ Telephone Billings ........................ $ Materials for Resale ...................... $ Public Safety Officers Indemnity Fund ........................ $ Total Positions Budgeted Authorized Motor Vehicles --0-- --0-- 850,000 397,369 29,101,171 6,942,830 608,800 1,098 285 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 ...................................$ 440,102 40,303,071 2,191,140 32,631,847 3,699,242 79,265,402 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 lease- 2474 JOURNAL OF THE SENATE purchase 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 11,644,652 3,003,425 4,000 18,140 22,000 86,053 --0-- 44,052 59,000 87,500 --0-- 653,234 6,290,000 --0-- 21,912,056 --0-- 518 Budget Unit Object Classes: Personal Services ......................... $ 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 11,644,652 3,003,425 4,000 18,140 22,000 86,053 --0-- 44,052 59,000 87,500 --0-- 653,234 6,290,000 --0-- 518 39 The Authority is authorized to increase the amount budgeted for Facilities Renovations and Repairs by such amounts as are approved for other Agencies or Authori ties of the State by the Office of Planning and Budget, THURSDAY, MARCH 3, 1983 2475 and by such amounts as are received from other sources for renovations or repairs. Provided, the Georgia Building Authority is author ized to utilize available funds to construct a walkway be tween the Judiciary Building and the adjacent State of fice building. Section 14. Department of Agriculture. A. Budget Unit: Department of Agriculture. .... $ 22,817,705 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 3,554,724 312,910 110,000 58,448 26,000 43,000 --0-- 2,553 43,234 800 4,151,669 3,674,402 168 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.............................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 1,300,432 128,170 40,000 44,072 9,000 400 --0-- --0-- 51,227 75,000 463,456 856,380 1,022,175 525,000 75,000 4,590,312 4,235,456 56 2476 JOURNAL OF THE SENATE 3. Marketing Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ....... $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Advertising.............................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 4. Major Markets Budget: Personal Services........................ $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Advertising.............................. $ Per Diem, Fees and Contracts ............. $ Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets. .................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 5. General Agricultural Field Forces Budget: Personal Services ......................... $ Regular Operating Expenses ...............$ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 1,000,658 163,660 46,000 7,365 12,000 4,083 --0-- --0-- 39,180 27,000 60,000 1,359,946 1,354,946 40 1,893,994 788,797 11,000 14,640 6,000 9,900 --0-- --0-- 41,463 35,000 20,200 75,000 2,895,994 95,994 103 2,136,373 111,010 171,200 70,532 4,000 2,000 ---0-- 3,600 17,022 --0-- 2,515,737 2,515,737 108 THURSDAY, MARCH 3, 1983 2477 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 1,371,143 276,027 25,000 29,224 13,000 6,000 166,099 579,593 33,588 1,000 20,000 277,700 2,798,374 2,718,156 54 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 158,058 14,300 550 --0-- 421,960 1,550 ---0-- --0-- 6,781 --0-- 676,000 1,279,199 1,279,199 9 8. Fuel and Measures Standards Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........$ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 1,361,787 253,465 85,100 32,194 6,000 12,800 ---0-- --0--- 16,077 --0-- 1,767,423 1,763,423 71 2478 JOURNAL OF THE SENATE 9. Consumer Services Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 10. Consumer Protection Field Forces Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 11. Meat Inspection Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 12. Seed Technology and Development: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ 766,936 65,790 13,000 51,555 3,800 900 --0-- --0-- 19,679 1,500 923,160 923,160 29 3,299,093 129,790 150,000 51,555 7,000 12,520 --0-- 6,800 35,717 --0-- 3,692,475 2,978,630 126 2,771,525 78,936 145,000 58,920 2,000 942 --0-- --0-- 20,212 118,970 3,196,505 1,278,602 122 192,970 3,700 4,000 ---0-- --0-- THURSDAY, MARCH 3, 1983 2479 Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted ....................$ Total Positions Budgeted 200,670 Budget Unit Object Classes: Personal Services ......................... $ 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 .................. $ 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 ............................ $ Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets..................... $ Contract--Federation of Southern Cooperatives .................. $ Total Positions Budgeted Authorized Motor Vehicles 19,807,693 2,326,555 800,850 418,505 510,760 94,095 166,099 592,546 324,180 244,470 676,000 463,456 856,380 1,022,175 525,000 75,000 95,000 277,700 75,000 20,000 894 259 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- 2480 JOURNAL OF THE SENATE 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. Provided, that the Athens and Tifton Veterinary Laboratories are authorized to charge reasonable testing fees only for export swine and cattle. 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 ...................... $ --0-- 433,156 100,039 6,850 9,265 5,775 1,600 ---0-- --0-- 5,800 47,822 --0-- 82,000 692,307 --0-- 27 433,156 100,039 6,850 9,265 5,775 1,600 --0-- --0-- 5,800 THURSDAY, MARCH 3, 1983 Per Diem, Fees and Contracts Capital Outlay.............. Goods for Resale............ Total Positions Budgeted Authorized Motor Vehicles 2481 47,822 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 Budget Unit Object Classes: Personal Services ......................... $ Regular 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 3,481,935 2,890,173 154,147 252,000 --0-- 19,550 5,700 300 127,800 30,265 2,000 3,481,935 3,481,935 102 2,890,173 154,147 252,000 --0-- 19,550 5,700 300 127,800 30,265 2,000 102 21 Section 16. Department of Community Affairs. A. Budget Unit: Department of Community Affairs ..................... $ 4,763,212 2482 JOURNAL OF THE SENATE 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. .......... $ Contracts with Area Planning and Development Commissions ........... $ Grants for Revitalization Projects ...............................$ Special Grants ........................... $ Local Assistance Grants................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 2. Technical Assistance Budget: Personal Services ......................... $ Regular Operating Expenses .............. $ Travel ..................................$ Motor Vehicle Equipment Purchases ....... $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ...................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Juvenile Justice Grants (Federal) ....................... $ 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 ...................... $ 562,074 38,100 10,000 6,750 39,297 11,220 12,500 50,000 --0-- 1,282,500 50,000 10,000 335,000 2,407,441 2,356,390 18 713,411 24,775 39,250 --0-- 8,900 400 1,000 52,396 20,650 23,925 1,000,000 1,884,707 820,940 24 929,391 23,545 52,500 --0-- 10,000 350 --0-- 65,495 24,900 THURSDAY, MARCH 3, 1983 2483 Per Diem, Fees and Contracts ............. $ Appalachian Regional Commission Assessment ................. $ Appalachian Regional Commission Matching Grants ....................... $ Economic Development Grants ............. $ Appalachian Regional Commission Grants (Federal) ....................... $ Community Development Block Grants (Federal) ....................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 5,000 89,777 25,000 200,000 8,500,000 42,000,000 51,925,958 1,144,010 29 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 480,109 11,868 16,710 ---0-- 18,450 --0-- 5,600 30,565 13,100 3,180 579,582 441,872 14 Budget Unit Object Classes: Personal Services ......................... $ 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 .................. $ Contracts with Area Planning and Development Commissions ........... $ Local Assistance Grants................... $ Grants to Revitalization Projects ...............................$ Special Grants ........................... $ Appalachian Regional Commission Matching Grants....................... $ Economic Development Grants ............. $ 2,684,985 98,288 118,460 --0-- 44,100 750 6,600 187,753 69,870 44,605 50,000 1,282,500 335,000 50,000 10,000 25,000 200,000 2484 JOURNAL OF THE SENATE Appalachian Regional Commission Assessment............................ $ Multi-State Transportation Board........... $ Appalachian Regional Commission Grants (Federal) ....................... $ Community Development Block Grants (Federal) ....................... $ Juvenile Justice Grants (Federal) ....................... $ Total Positions Budgeted Authorized Motor Vehicles 89,777 --0-- 8,500,000 42,000,000 1,000,000 85 4 B. Budget Unit: Georgia Residential Finance Authority ...................... $ --0-- 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 1,900,951 219,738 76,836 47,000 46,441 108,610 14,600 138,486 280,078 66,599 11,000,000 500,000 14,399,339 --0-- 78 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 1,900,951 219,738 76,836 47,000 46,441 108,610 14,600 138,486 280,078 66,599 11,000,000 500,000 78 29 THURSDAY, MARCH 3, 1983 2485 Section 17. Office of Comptroller General. Budget Unit: Office of Comptroller General. .............................. $ 6,158,123 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 549,221 98,537 6,109 --0-- 7,000 --0-- 108,304 114,189 21,893 --0-- 905,253 893,253 20 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 1,061,964 67,891 5,683 --0-- 95,000 1,000 44,768 144,925 24,909 ---0-- 1,446,140 1,360,146 46 3. Industrial Loans Regulation Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 383,983 20,572 14,810 24,000 5,000 1,000 --0-- 19,871 7,000 --0-- 476,236 476,236 13 2486 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 1,034,717 40,000 19,778 16,000 4,366 1,200 --0-- 119,288 32,826 500 1,268,675 1,268,675 43 2,142,140 113,000 126,150 32,000 14,000 2,172 ---0-- 71,052 20,299 14,000 2,534,813 2,159,813 101 5,172,025 340,000 172,530 72,000 125,366 5,372 153,072 469,325 106,927 14,500 223 57 Section 18. Department of Defense. Budget Unit: Department of Defense........ $ 3,015,656 THURSDAY, MARCH 3, 1983 2487 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 ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ 657,005 45,986 2,580 --0-- 3,500 400 --0-- --0-- 2,065 10,000 --0-- 721,536 642,918 21 939,863 113,949 30,000 ---0-- 20,900 1,095 --0-- 5,960 40,150 62,040 22,900 40,000 40,000 --0-- 1,316,857 501,913 36 1,207,866 299,130 300 1,350 678,669 2488 JOURNAL OF THE SENATE Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted --0-- 2,187,315 298,220 56 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 1,653,211 609,315 3,250 --0-- 16,300 17,000 --0-- --0-- 26,000 11,500 567,700 991,716 18,000 411,000 85,000 4,409,992 1,572,605 84 Budget Unit Object Classes: Personal Services ......................... $ Regular 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 4,457,945 1,068,380 36,130 --0-- 42,050 18,495 ---Q-- 5,960 68,215 83,540 1,269,269 --0-- 411,000 18,000 40,000 991,716 40,000 --0-- 85,000 196 20 THURSDAY, MARCH 3, 1983 2489 Section 19. State Board of Education--Department of Education. A. Budget Unit: Department of Education ...... $1,407,529,426 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 4,401,689 789,125 252,670 --0-- 193,885 10,000 354,680 114,140 51,000 3,575 6,170,764 51,000 3,705,394 163 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 286,799 24,350 3,395 ---0-- 1,600 3,625 --0-- 5,570 454,020 779,359 779,359 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 .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 2,964,657 264,465 204,775 --0-- 63,240 12,640 302,845 92,980 1,514,775 14,275 5,434,652 2,187,002 101 2490 JOURNAL OF THE SENATE 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 ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ 849,941 179,655 13,800 10,180 --0-- 124,000 37,320 90,500 14,510 1,319,906 746,123 41 1,009,675 296,895 37,500 9,000 11,620 7,800 206,120 26,720 178,950 1,784,280 1,409,787 31 4,811,132 214,300 217,965 --0-- 186,985 2,700 685,965 636,825 102,600 643,950 6,895 7,509,317 289,000 4,787,405 186 604,500 31,350 1,390 --0-- THURSDAY, MARCH 3, 1983 2491 Publications 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 ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ 4,650 1,825 17,525 661,240 638,094 31 2,085,780 82,160 80,000 ---0-- 74,550 6,050 333,345 52,975 1,315,010 4,029,870 3,401,089 65 63,087 7,560 2,000 6,000 --0-- 5,900 3,500 40,000 128,047 128,047 2 69,176 11,710 4,825 ---0-- 8,500 3,400 --0-- 8,000 3,585 20,000 129,196 2492 JOURNAL OF THE SENATE State Funds Budgeted .................... $ Total Positions Budgeted --0-- 2 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 250,075 9,810 12,640 9,200 700 10,000 ---0-- 25,140 5,930 55,000 378,495 378,495 7 12. Local Programs Budget: APEG Grants: Salaries of Instructional Personnel Code Section 20-2-157(a) ......................... $ 576,330,451 Salaries of Instructional Personnel Code Section 20-2-152 ..................... $ 100,665,067 Salaries of Instructional Personnel Code Section 20-2-153 ..................... $ 24,938,840 Salaries of Student Supportive Personnel.................. $ 24,628,256 Salaries of Administrative and Supervisory Personnel ........................... $ 67,042,919 Special Education Leadership Personnel ................. $ 3,185,984 Instructional Media. .................... $ 19,781,153 Instructional Equipment................. $ 686,289 Maintenance and Operation.............. $ 92,311,377 Sick and Personal Leave ................ $ 5,494,319 Travel ................................$ 1,006,891 Pupil Transportation .................... $ 85,292,194 Isolated Schools ........................ $ 517,973 Non-APEG Grants: Education of Children of Low-Income Families ................. $ Teacher Retirement .................... $ Instructional Services for the Handicapped ..................... $ 75,364,111 108,529,134 22,688,126 THURSDAY, MARCH 3, 1983 2493 Preparation of Professional Personnel in Education of Handicapped Children .............. $ 43,775 Tuition for the Multi- handicapped ......................... $ 1,172,000 Severely Emotionally Disturbed ........................... $ 16,024,487 Compensatory Education ................ $ 16,526,420 School Lunch (Federal) ................. $ 78,851,316 School Lunch (State) ................... $ 16,769,483 Staff Development...................... $ 739,750 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification ................... $ 3,559,235 Special Project Grants .................. $ ---0-- Cooperative Educational Service Agencies ..................... $ 3,869,339 Superintendents' Salaries ................ $ 4,949,007 High School Program ................... $ 28,431,976 Area Vocational-Technical Schools ............................. $ 54,964,546 Junior College Vocational Program ............................ $ 1,729,709 Quick Start Program ................... $ 2,800,000 Comprehensive Employment and Training ........................ $ 2,290,000 Vocational Research and Curriculum.......................... $ 491,539 Adult Education ....................... $ 3,170,411 Salaries and Travel of Public Librarians..................... $ 4,381,670 Public Library Materials ................ $ 3,575,228 Talking Book Centers ................... $ 684,527 Public Library Maintenance and Operation ....................... $ 2,714,607 Public Library Construction ............. $ 441,995 Instructional Aides ..................... $ 9,758,903 Teacher Health Insurance ............... $ 34,155,435 Capital Outlay ......................... $ 270,000 Grants to Local School Systems for Educational Purposes ............................ $ 78,000,000 Salaries of Extended Pre-School Personnel.................. $ 10,478,648 Chapter II--Block Grant Flow Through ....................... $ 8,702,655 Child Care Lunch Program ............................ $ 1,000,000 Total Funds Budgeted .................... $1,599,009,745 State Funds Budgeted .................... $1,389,368,631 Total Positions Budgeted 0 2494 JOURNAL OF THE SENATE Budget Unit Object Classes: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ 17,396,511 1,911,380 830,960 18,200 561,910 58,040 685,965 1,996,855 462,845 4,363,205 39,255 APEG Grants: Salaries of Instructional Personnel Code Section 20-2-157(a) ......................... $ 576,330,451 Salaries of Instructional Personnel Code Section 20-2-152 ............................ $ 100,665,067 Salaries of Instructional Personnel Code Section 20-2-153 ............................ $ 24,938,840 Salaries of Student Supportive Personnel.................. $ 24,628,256 Salaries of Administrative and Supervisory Personnel ........................... $ 67,042,919 Special Education Leadership Personnel ................. $ 3,185,984 Instructional Media. .................... $ 19,781,153 Instructional Equipment................. $ 686,289 Maintenance and Operation. ............. $ 92,311,377 Sick and Personal Leave ................ $ 5,494,319 Travel ...............................$ 1,006,891 Pupil Transportation-- Regular............................. $ 85,292,194 Isolated Schools ........................ $ 517,973 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 ......................... $ 75,364,111 108,529,134 22,688,126 43,775 1,172,000 THURSDAY, MARCH 3, 1983 2495 Severely Emotionally Disturbed ........................... $ Compensatory Education ................ $ School Lunch (Fed.).................... $ School Lunch (State) ................... $ Staff Development...................... $ Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification ................... $ Cooperative Educational Service Areas ........................ $ Superintendents Salaries................. $ High School Program ................... $ Area School Program ................... $ Junior College Program ................. $ Quick Start ........................... $ Special Projects ........................ $ 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.................. $ Child Care Lunch Program (Federal) ................... $ Chapter II--Block Grant Flow Through ......................... $ Total Positions Budgeted Authorized Motor Vehicles 16,024,487 16,526,420 78,851,316 16,769,483 739,750 3,559,235 3,869,339 4,949,007 28,431,976 54,964,546 1,729,709 2,800,000 ---0-- 2,290,000 491,539 3,170,411 4,381,670 3,575,228 684,527 2,714,607 441,995 9,758,903 34,155,435 270,000 78,000,000 ---0-- 10,478,648 1,000,000 8,702,655 631 6 B. Budget Unit: Institutions .......... $ 15,812,979 1. Georgia Academy for the Blind Budget: Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases 2,646,553 227,085 2,800 8,000 2496 JOURNAL OF THE SENATE Publications and Printing .................. $ Equipment Purchases ..................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............ $ Utilities .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 2. Georgia School for the Deaf Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 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 ...................... $ 2,845 16,860 15,595 7,700 186,150 10,000 3,123,588 2,838,678 149 4,679,900 561,400 9,000 --0-- 400 12,220 17,650 12,650 408,460 --0-- 5,701,680 5,354,222 249 1,995,391 206,275 7,500 ---0-- 1,500 15,800 27,365 81,865 126,410 --0-- 2,462,106 2,238,974 93 2,571,659 679,030 10,000 30,600 4,000 95,440 17,375 THURSDAY, MARCH 3, 1983 2497 Per Diem, Fees and Contracts ............. $ Utilities .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted --0-- 340,080 105,000 3,853,184 2,884,172 104 5. South Georgia Vocational-Technical School Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities... .............................. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 2,050,062 516,850 14,475 20,000 2,500 108,395 26,950 11,750 322,140 15,000 3,088,122 2,496,933 90 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 13,943,565 2,190,640 43,775 58,600 11,245 248,715 104,935 113,965 1,383,240 130,000 685 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 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. 2498 JOURNAL OF THE SENATE 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 $12,202 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 further that for the purpose of mid-term adjustment in grades 1 through 7 additional units shall be the difference between the total earned and total allotted in those grades. 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 Code Section 20-2-152 teaching units so allocated to an eligible local unit shall remain a THURSDAY, MARCH 3, 1983 2499 part of that local unit's allotment until the end of the cur rent 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 Code Section 20-2157(b)(2) and Code Section 20-2-160. Provided, that of the above appropriation for $739,750 for Staff Development, $73,975 is designated and committed to fund a State level staff development program specifically for Special Education Teachers Code Section 20-2-152 utilized in programs for intellec tually gifted students, and to assist in the development of a State program plan for gifted students by the State Su perintendent of Schools. Provided, that of the above appropriations relative to APEG Code Sections 20-2-152, 20-2-153, 20-2-157, 202-181, and 20-2-18l(d)(2) for salaries, funds may be moved between said Sections by an amendment to the an nual operating budget during the final month of the State fiscal year with the prior approval of the Office of Plan ning and Budget. Provided, that of the above appropriation relative to Compensatory Education, $16,526,420 is designated and committed for a compensatory education program for students in grades three through eleven and shall be used for remedial purposes only. The local system's Compensa tory Education Plan shall provide for a program of remediating those students who have failed, or are at risk of failing, the fourth and eighth grade Georgia Criterion Referenced Tests and the tenth grade Georgia Basic Skills Test. Provided, however, where a local system's Compensatory Education Plan justifies the need, the State Board of Education may approve the usage of these funds for remedial purposes in grades one and two. Funds shall be distributed on the basis of the num ber of students in grades four, eight, and ten failing to achieve the minimum standard score on the statewide reading and mathematics test administered to all students enrolled at these grade levels. Provided, that the funds appropriated herein for lo- 2500 JOURNAL OF THE SENATE cal school construction shall be used to complete the funding of those projects for which S.F.Y. 1984 entitle ments were sufficient to cover eligible projects Code Sec tion 20-2-250, based on a total state entitlement of $60 million for S.F.Y. 1984. Provided, that of the funds appropriated for the High School Program, Comprehensive High Schools or Vocational Schools may use funds for the purpose of re pairing existing equipment in lieu of purchasing new equipment without prior approval of the Department of Education. 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 Authorized Motor Vehicles 8,342,714 610,551 14,139 8,400 --0-- 20,000 2,000 126,082 74,046 11,633 432,400 48,000 8,342,714 9,689,965 8,342,714 28 610,551 14,139 8,400 --0-- 20,000 2,000 126,082 74,046 11,633 432,400 48,000 8,342,714 28 1 THURSDAY, MARCH 3, 1983 2501 Section 21. Forestry Commission. Budget Unit: Forestry Commission. ......... $ 23,413,712 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 ..........$ Total Funds Budgeted ............ $ State Funds Budgeted .............. $ Total Positions Budgeted 969,498 901,155 5,030 22,445 2,325 16,845 --0-- --0-- 8,870 12,810 1,938,978 554,138 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 16,392,146 3,772,305 87,400 924,435 23,300 1,449,795 ---0-- 18,212 495,000 28,070 60,000 --0-- 23,250,663 21,185,663 794 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 ............. $ 710,710 96,520 14,500 6,530 43,500 2,350 131,875 --0-- 20,000 3,800 200,000 2502 JOURNAL OF THE SENATE Payments to the University of Georgia, School of Forestry for Forest Research .................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 300,000 1,529,785 1,529,385 25 4. Wood Energy Budget: Wood Energy Program.................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 144,526 144,526 144,526 4 Budget Unit Object Classes: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Contractual Research ..................... $ Payments to the University of Georgia, School of Forestry for Forest Research .................... $ Ware County Grant ...................... $ Wood Energy Program.................... $ Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles 18,072,354 4,769,980 106,930 953,410 69,125 1,468,990 131,875 18,212 523,870 44,680 200,000 300,000 60,000 144,526 --0-- 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 ........ $ 18,490,836 572,366 97,450 6,500 8,600 THURSDAY, MARCH 3, 1983 2503 Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 2. Investigative Division Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Evidence Purchased ...................... $ Postage .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 3. Drug Enforcement Unit Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts .............$ Postage .................................$ Evidence Purchased ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 4. Forensic Sciences Division Budget: Personal Services......................... $ 4,000 1,650 6,630 31,000 22,440 3,200 5,500 --0-- 759,336 759,336 21 6,516,645 860,124 91,300 457,400 21,500 236,540 ---0-- 120,310 174,472 2,600 112,000 5,400 --0-- 8,598,291 --0-- 8,598,291 203 1,346,105 228,200 332,700 192,550 1,500 302,935 ---0-- 14,500 67,428 400 1,320 188,000 2,675,638 2,675,638 59 2,602,526 2504 JOURNAL OF THE SENATE Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ..... Postage ......................... Capital Outlay................... Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted 5. 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 415,206 25,000 42,500 5,600 41,350 56,311 14,840 81,200 500 19,000 3,304,033 3,304,033 89 1,969,471 107,598 11,000 16,000 50,000 7,325 1,896,944 4,000 471,200 20,000 4,553,538 1,400,000 3,153,538 97 Provided, that the Department is authorized to use funds appropriated for Personal Services in the Georgia Crime Information Center to upgrade eight Fingerprint Specialist and eight Fingerprint Technician positions in accordance with recommendations of the Merit System of Personnel Administration. Budget Unit Object Classes: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ 13,007,113 1,708,578 466,500 717,050 82,600 589,800 1,959,885 184,650 816,740 THURSDAY, MARCH 3, 1983 Per Diem, Fees and Contracts ............. $ Evidence Purchased ...................... $ Postage .................................$ Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles 2505 6,700 300,000 51,220 --0-- 469 289 Provided, the Department is authorized to use $3,700,000 in existing bond proceeds for permanent and moveable furnishings, landscaping, signing, scientific equipment and laboratory equipment. Section 23. Georgia State Financing and Investment Commission. Budget Unit: Georgia State Financing and Investment Commission ........ Departmental Operations Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ Total Expenditures Authorized ............. $ State Funds Budgeted .................... $ Total Positions Budgeted Budget Unit Object Classes: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing ..................$ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Positions Budgeted Authorized Motor Vehicles 862,655 40,200 8,000 --0-- 1,000 4,000 17,431 80,617 13,248 122,000 1,149,151 1,149,151 --0-- 25 862,655 40,200 8,000 --0-- 1,000 4,000 17,431 80,617 13,248 122,000 25 0 2506 JOURNAL OF THE SENATE Section 24. Office of the Governor. A. Budget Unit: Governor's Office . 1. Governor's Office Budget: Cost of Operations ........... Mansion Allowance........... Governor's Emergency Fund . . . Intern Stipends and Travel .... Total Funds Budgeted ........ State Funds Budgeted ........ 4,470,824 1,899,449 40,000 2,000,000 118,500 4,057,949 4,057,949 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 ....................... $ Mansion Allowance....................... $ Governor's Emergency Fund ............... $ Intern Stipends and Travel ................ $ Personal Services......................... $ 373,987 9,000 10,500 1,075 69,913 8,400 10,000 482,875 412,875 15 1,899,449 40,000 2,000,000 118,500 373,987 THURSDAY, MARCH 3, 1983 2507 Regular 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 9,000 10,500 --0-- 1,075 --0-- --0-- 69,913 8,400 10,000 15 1 B. Budget Unit: Office of Planning and Budget............................ $ 3,468,228 Office of Planning and Budget Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..........................,.......$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts .............$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 2,823,733 100,200 65,600 --0-- 36,200 --0-- 104,780 190,840 50,875 111,000 3,483,228 3,468,228 83 Budget Unit Object Classes: Personal Services ......................... $ Regular 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 2,823,733 100,200 65,600 36,200 104,780 190,840 50,875 111,000 83 0 C. Budget Unit: Units Attached for Administrative Purposes Only ......................... $ 3,576,559 2508 JOURNAL OF THE SENATE 1. 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 2. 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 3. 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 4. Governor's Committee on Post-Secondary Education Budget: Personal Services ......................... $ 164,015 8,545 3,060 --0-- 4,500 ---0-- --0-- 39,600 8,270 9,000 1,368,806 285,000 26,000 1,916,796 1,605,796 8 1,022,926 34,125 11,000 ---0-- 6,000 --0-- 14,400 155,822 100,000 4,000 1,348,273 1,022,933 42 241,801 14,500 17,500 --0-- 23,500 ---0-- --0-- --0-- 12,300 4,532,208 4,841,809 161,349 9 126,514 THURSDAY, MARCH 3, 1983 2509 Regular Operating Expenses ...............$ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications 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. 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 6. 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 ..................... $ 11,200 2,150 --0-- 8,700 ---0-- 5,000 14,802 2,600 7,050 178,016 178,016 4 293,188 11,000 3,000 700 15,863 5,200 30,000 358,951 358,951 10 177,906 11,015 8,575 4,500 28,768 3,800 14,950 249,514 249,514 5 2,026,350 90,385 45,285 --0-- 47,900 --0-- 2510 JOURNAL OF THE SENATE 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 19,400 254,855 132,170 4,597,208 1,368,806 285,000 26,000 78 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 ......................... $ 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 ............................ $ 258,670,804 1. General Administration and Support Budget: Personal Services......................... $ 14,547,215 Regular Operating Expenses ............... $ 3,297,570 Travel..................................$ 487,775 THURSDAY, MARCH 3, 1983 2511 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 --0-- 150,600 3,165 1,273,108 3,625,490 611,475 943,300 170,900 552,050 --0-- 25,662,648 638,212 --0-- 11,518,962 934,000 12,571,474 680 7 General Administration and Support Functional Budgets Total Funds Commissioner's Office... $ 565,729 Child Care Licensing ....$ 1,342,397 Laboratory Improvement . $ 515,638 Child Support Recovery ..$ 6,918,912 Contract Management ... $ 188,982 Public Affairs........... $ 373,993 Office of Administrative Appeals.............. $ 818,088 Health Care Facilities Regulations........... $ 1,703,292 Radiological Health ..... $ 495,349 Administrative Policy, Coordination and Direction......... $ 2,421,115 Personnel .............. $ 1,064,425 Administrative Support Services.............. $ 2,063,033 Office of Review and Investigation ...... $ 1,430,602 Systems Planning, Development and Training ............. $ 291,546 Compliance Monitoring . . $ 233,987 Electronic Data Processing, Planning and Coordination.......... $ 305,346 Facilities Management ... $ 3,926,615 State Funds Pos. $ 565,729 13 $ 1,342,397 50 $ 415,638 17 $ 698,649 306 $ 188,982 6 $ 373,993 12 $ 818,088 25 $ 594,792 52 $ 495,349 15 $ 2,421,115 4 $ 992,425 42 $ 1,834,678 51 $ 339,359 41 $ 291,546 7 $ 233,987 7 $ 105,346 0 $ 2,987,982 8 2512 JOURNAL OF THE SENATE Regulatory Services-- Program Direction and Support .......... $ MH/MR Advisory Council $ Council on Family Planning ............. $ Developmental Disabilities $ Council on Maternal and Infant Health......... $ Community and Intergovern mental Affairs ........ $ Indirect Cost ........... $ Undistributed ........... $ Total ..................$ 319,881 45,725 8,800 224,900 99,456 304,837 --0-- --0-- 25,662,648 $ 319,881 7 $ 45,725 1 $ 880 0 $ --0-- 5 $ 99,456 3 $ 304,837 8 $ (2,899,360) 0 $ --0-- 0 $ 12,571,474 680 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 5,807,376 138,700 184,600 --0-- 25,000 4,196 105,000 4,100 1,000 15,000 --0-- 75 --0-- 6,285,047 721,800 1,649,200 3,914,047 240 0 Financial Management Functional Budgets Total Funds Budget Administration ... $ 1,283,304 Accounting Services ..... $ 3,252,752 Auditing Services ....... $ 1,748,991 Indirect Cost ........... $ --0-- Undistributed ........... $ --0-- Total .................. $ 6,285,047 State Funds Pqs. $ 1,283,304 40 $ 3,252,752 149 $ 1,748,991 51 $ (2,371,000) 0 0 $ 3,914,047 240 3. Special Programs Budget: Personal Services .................... ..... $ 3,749,123 Regular Operating Expenses .......... ..... $ 12,803,054 Travel ............................. .... $ 162.660 THURSDAY, MARCH 3, 1983 Motor Vehicle Equipment Purchases .................... Publications and Printing......... Equipment Purchases ............ Computer Charges .............. Real Estate Rentals ............. Telecommunications ............. Per Diem, Fees and Contracts ... Menninger Group Homes........ Contract--Georgia Advocacy Office, Inc. .......... Utilities....................... Postage ....................... Benefits for Child Care ......... Total Funds Budgeted .......... Social Services Block Grant Funds .......... Indirect DOAS Services Funding . Agency Funds ................. State Funds Budgeted ......... Total Positions Budgeted Authorized Motor Vehicles 2513 $$$$$$$$ --0-- 80,210 2,293 278,980 27,456 108,725 34,493,347 366,000 $ 215,000 $$$$ ---0-- 42,900 691,200 53,020,948 $$ 15,570,723 44,143 $ 30,188,833 $ 7,217,249 154 111 Special Programs Functional Budgets Total Funds State Funds Pos. Alternative Health Services $ 1,007,600 $ 324,910 40 Human Development, Director's Office....... $ 757,248 $ 757,248 23 Child Development Administration ........ $ 995,056 $ 293,132 34 Child Development Contracts--Foster Care $ 302,365 $ 25,965 0 Special Projects ......... $ 652,900 $ 652,900 0 Child Development Contracts--Day Care $ 19,961,060 $ 3,139,030 Child Development Contracts--Home Management ......... $ 161,447 $ 23,899 Child Development Contracts--Outreach.. $ 773,680 $ 124,728 0 Information and Referral. $ 325,340 $ 325,340 0 Troubled Children Benefits $ 1,057,200 $ 1,057,200 0 Council on Aging ....... $ 45,865 Energy Assistance ....... $ 16,270,891 $ 45,865 $ --0-- 1 6 Social Services Grant Administration . $ 1,045,644 $ 447,032 35 Community Services ..... $ 9,664,652 Undistributed.......... $ $ $ ---0-- --0-- 15 0 Total .................. $ 53,020,948 $ 7,217,249 154 2514 JOURNAL OF THE SENATE 4. Public Health--Program Direction and Support Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted ................... $ Total Positions Budgeted Authorized Motor Vehicles 2,520,064 130,020 59,800 --0-- 52,800 13,000 321,816 --0-- 212,680 12,400 --0-- 1,200 3,323,780 504,016 135,000 2,684,764 112 0 Public Health--Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office......... $ 536,908 $ 357,908 7 Employee's Health ...... S 266,821 $ 231,821 9 Primary Health Care .... $ 225,486 $ 222,286 7 Health Program Management ......... $ 648,326 $ 563,326 25 Vital Records........... $ 1,023,805 $ 1,008,805 52 Health Services Research $ 622,434 $ 300,618 12 Undistributed........... $ --0-- $ --0-- 0 Total .................. $ 3,323,780 $ 2,684,764 112 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 ............. $ Crippled Children Clinics ................. $ Utilities................................. $ Postage .................................$ 5,890,698 2,058,895 254,350 --0-- 145,500 22,110 117,090 1,740 46,200 6,630,524 316,000 --0-- 16,800 THURSDAY, MARCH 3, 1983 2515 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 Auditory Educational Clinic...................... $ 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 3,879,000 2,860,000 594,000 2,015,000 100,000 25,000 40,000 113,000 60,000 205,000 115,000 226,530 25,732,437 11,350 10,770,258 14,950,829 215 4 Public Health--Family Health Functional Budgets Total Funds State Funds Pos. Family Health Management ...... . . $ 6,245,574 $ 575,439 21 Cancer Control ......... $ 2,741,123 $ 2,741,123 6 Crippled Children ....... $ 4,788,802 $ 2,699,850 54 Immunization........... $ 359,040 $ --0-- 10 Maternal Health ........ $ 252,475 $ --0-- 6 Sexually Transmitted Diseases ............. $ 220,524 $ 220,524 6 Infant and Child Health . $ 4,592,856 $ 4,478,925 13 Diabetes ............... $ 279,035 $ 223,735 3 Chronic Disease......... $ 1,711,940 $ 1,711,940 21 Coordination, Education, Prevention . . $ 635,120 $ --0-- 7 Malnutrition............ $ 549,700 $ --0-- 13 Stroke and Heart Attack Prevention............ $ 157,998 $ 157,998 5 Family Planning ........ $ 955,210 $ 57,902 14 Epidemiology ........... $ 992,427 $ 832,780 10 Dental Health .......... $ 129,857 $ 129,857 3 Community Tuberculosis Control .............. $ 1,120,756 $ 1,120,756 23 2516 JOURNAL OF THE SENATE Undistributed ........... $ --0-- $ --0-- 0 Total .................. $ 25,732,437 $ 14,950,829 215 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 3,225,682 478,520 48,900 --0-- 63,350 61,701 20,000 --0-- 5,750 834,547 --0-- 13,300 4,751,750 4,000 774,272 3,973,478 137 1 Public Health--Community Health Functional Budgets Occupational and Radiological Health Laboratory Services. . . Emergency Health.... Undistributed ........ Total ............... 7. Public Health--Local Services Budget: Total Funds 805,573 3,285,707 660,470 4,751,750 State Funds Pos. 262,801 6 3,110,707 119 599,970 12 0 3,973,478 137 Personal Services ......................... $ Regular 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 .................................$ Crippled Children Clinics ................. $ Contract--Macon-Bibb County Hospital Authority ..................... $ 13,736,946 22,478,699 481,050 --0-- 31,400 56,193 ---0-- 173,370 184,650 11,893,589 2,000 32,150 238,572 4,500,000 THURSDAY, MARCH 3, 1983 2517 Grant to Counties for Metabolic Disorders Screening and Treatmenit $ Family Planning Benefits .................. $ Midwifery Program Benefits ............... $ Crippled Children Benefits5. ................. $ 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 45,000 75,000 175,000 1,407,200 250,000 3,780,000 33,771,910 93,312,729 129,350 41,934,909 51,248,470 540 2 Public Health--Local Services Functional Budgets Total Funds $'iState Funds Pos. Minimum Foundation .... $ 6,935,724 6,774,518 191 Grant-In-Aid to Counties . $ 33,869,581 $ 32,009,793 0 Stroke and Heart Attack Prevention ..... $ 1,312,734 $ 782,734 18 Family Planning ........ $ 6,057,050 $ 2,903,783 177 Sickle Cell, Vision and Hearing .......... $ 473,780 $ 473,780 15 Sexually Transmitted Diseases ............. $ 1,079,850 $ 85,000 27 High Risk Pregnant Women and Their Infants ..... $ 4,318,455 $ 4,318,455 19 Newborn Follow-Up Care $ 301,507 $ 301,507 11 District Dental ......... $ 1,163,333 $ 953,158 17 Teenage Pregnancy Prevention ............ $ 250,000 $ 250,000 0 District Crippled Children $ 2,542,896 $ 1,778,513 36 Emergency Health ....... $ 1,327,973 $ 277,598 9 Primary Health Care .... $ 7,487,717 $ 339,631 10 Malnutrition ............ $ 26,192,129 $ Q 10 Undistributed ........... $ --0-- $ --0-- 0 Total .................. $ 93,312,729 $ 51,248,470 540 8. Mental Health--Program Direction and Support Budget: Personal Services ................... Regular Operating Expenses ......... Travel ............................ Motor Vehicle Equipment Purchases Publications and Printing ............ Equipment Purchases ............... . $ 3,613,535 . $ 120,880 $ 111,500 .$ 47,036 .$ 1,055 2518 JOURNAL OF THE SENATE 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 1,074,219 --0-- 289,500 173,300 --0-- 950 5,431,975 15,000 1,000,197 510,540 3,906,238 115 Mental Health--Program Direction and Support Functional Budgets Total Funds State Funds Pos. Administration ..........$ 3,127,115 $ 2,126,918 55 Special Projects and Contracts......... $ 60,000 $ --0-- 2 Program Coordination.... $ 2,244,860 $ 1,779,320 58 Undistributed ........... $ --0-- $ --0-- 0 Total ..................$ 5,431,975 $ 3,906,238 115 9. Purchase of Social Services: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage ................................. $ W.I.N. Benefits .......................... $ Grants to Fulton County for 24- hour Emergency Social Services .......... $ Benefits for Child Care ................... $ Homemaker Meals ....................... $ Chatham County Homemaker Project....... $ Douglas County Homemaker Project........ $ Fulton County Homemaker Project ......... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ Social Services Block Grant Funds ..................... $ State Funds Budgeted .................... $ Total Positions Budgeted --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- 490,000 --0-- --0-- 479,964 182,400 14,835,003 117,837 539,795 140,362 361,832 17,147,193 5,542,338 1,230,600 10,374,255 0 THURSDAY, MARCH 3, 1983 2519 Purchase of Social Services Functional Budgets Total Funds State Funds Pos. Work Incentive Benefits . . $ 479,964 $ 47,996 0 Grants to Fulton County for 24-hour Emergency Social Services........ $ 182,400 $ 182,400 0 Legal Services .......... $ 440,000 $ 215,000 0 AFDC--Family Foster Care ................ $ 3,819,197 $ 1,279,947 0 AFDC--Institutional Foster Care .......... $ 1,322,255 $ 443,135 0 Specialized Foster Care . . $ 54,638 $ 54,638 0 Child Welfare- Family Foster Care ....$ 7,627,011 $ 6,141,011 0 Adoption Supplement .... $ 544,663 $ 544,663 0 Non-AFDC Institutional Foster Care .......... $ 567,082 $ 567,082 0 Liability Insurance ...... $ 16,000 $ 16,000 0 Emergency Shelter Care . $ 99,428 $ 99,428 0 Day Care .............. $ 647,729 $ 223,529 0 Maternity Care ......... $ 50,000 $ 50,000 0 Psychiatric, Psychological and Speech Therapy ... $ 130,000 $ 130,000 0 Return of Runaways--County.... $ 7,000 $ 7,000 0 Homemaker Projects .....$ 1,159,826 $ 372,426 0 Undistributed ........... $ --0-- $ --0-- 0 Total .................. $ 17,147,193 $ 10,374,255 0 10. Youth Services--Program Direction and Support: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage ................................. $ Benefits for Child Care ................... $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles 822,963 19,600 17,100 ---0-- 4,550 795 --0-- --0-- 25,400 3,500 893,908 893,908 27 0 2520 JOURNAL OF THE SENATE 11. Services to the Aged Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ Total Funds Budgeted .................... $ Social Services Block Grant Funds ..................... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles 1,027,387 28,850 37,000 3,100 29,900 20,883,101 --0-- 200 22,023,538 3,368,035 16,802,080 1,853,423 35 224 Services to the Aged Functional Budgets Total Funds State Funds Pos. Title XX Adult Services .$ 4,110,617 $ 566,015 0 Administration and Planning ............. $ 2,496,517 $ 400,547 35 Title III Aging Services . . $ 15,416,404 $ 886,861 0 Undistributed ........... $ --0-- $ --0-- 0 Total .................. $ 22,023,538 $ 1,853,423 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 ........... $ 1,453,876 82,678 56,500 --0-- 31,000 8,130 669,533 --0-- 104,610 225,095 --0-- 2,400 75,000 220,500 2,929,322 --0-- THURSDAY, MARCH 3, 1983 2521 Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted 1,605,806 1,323,516 46 Rehabilitation Services--Program Direction and Support Functional Budgets Total Funds State Funds Pos. Program Direction and Support .............. $ 2,408,078 $ 914,078 43 Grants Management ..... $ 521,244 $ 409,438 3 Undistributed ........... $ --0-- $ --0-- 0 Total .................. $ 2,929,322 $ 1,323,516 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............................ $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles 3,614,329 510,258 21,700 49,359 2,660 11,441 ---0--171,402 48,520 120,500 95,850 6,000 4,652,019 3,701,662 950,357 156 19 Rehabilitation Services--Facilities Functional Budgets Total Funds State Funds Pos. Youth Development Center-- V. R. Unit ........... $ 360,096 $ 77,136 13 Atlanta Rehabilitation Center......... ......$ 1,962,614 $ 395,620 60 Alto Rehabilitation Center $ 271,878 $ 62,219 10 Cave Spring Rehabilitation Center . . $ 414,454 $ 89,184 16 Central Rehabilitation Center. ..............$ 656,527 $ 118,281 18 2522 JOURNAL OF THE SENATE Georgia Vocational Adjustment Center--Gracewood ... $ 338,218 $ 77,366 16 J. F. Kennedy Center .... $ 459,892 $ 90,511 17 M. S. McDonald Evaluation Center ..... $ 188,340 $ 40,040 6 Undistributed ........... $ --0-- $ --0-- 0 Total .................. $ 4,652,019 $ 950,357 156 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 7,784,740 1,740,220 43,000 45,991 15,000 131,943 45,000 ---0-- 152,000 1,136,570 445,600 13,000 75,000 --0-- --0-- 11,628,064 50,000 8,630,075 2,947,989 397 24 Roosevelt Warm Springs Rehabilitation Institute--Functional Budgets Administration ....... Rehabilitation Services Instruction .......... Independent Living . . . Research/Training ... Undistributed ........ Total .............. Total Funds 4,196,177 6,243,070 463,163 608,407 117,247 11,628,064 State Funds Pos. 1,622,613 117 609,559 239 40,163 16 558,407 22 111,241 3 0 2,947,989 397 15. Georgia Factory for the Blind Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ 3,413,202 5,129,678 16,500 72,000 6,300 --0-- THURSDAY, MARCH 3, 1983 2523 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 --0-- --0-- 24,500 44,500 100,000 5,000 --0-- 8,811,680 8,388,245 423,435 27 14 Georgia Factory for the Blind Functional Budgets Total Funds State Funds Pos. Operations ............. $ 8,388,245 $ --0-- 9 Supervision ............. $ 423,435 $ 423,435 18 Undistributed ........... $ --0-- $ --0-- 0 Total .................. $ 8,811,680 $ 423,435 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 ...................... $ 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 15,635,996 360,443 438,000 --0-- 14,750 15,400 18,100 638,766 401,000 343,400 60,000 80,680 3,830,000 65,000 9,075,000 108,000 140,000 31,224,535 50,000 19,029,796 12,144,739 603 5 2524 JOURNAL OF THE SENATE Rehabilitation Services Functional Budgets Total Funds State Funds Pos. Field Services........... $ 26,220,890 $ 7,625,838 583 Comprehensive Services . . $ 237,645 $ 237,645 5 Business Enterprise Vending Stand Program $ 623,000 $ 138,256 15 Special Programs........ $ 4,143,000 $ 4,143,000 0 Undistributed ........... $ --0-- $ --0-- 0 Total .................. $ 31,224,535 $ 12,144,739 603 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 8,671,328 311,655 29,608 --0-- 49,817 7,606 289,724 539,369 413,865 570,680 --0-- 203,000 9,028,500 20,115,152 20,115,152 --0-- 408 18. Public Assistance Budget: Personal Services......................... $ Regular Operating Expenses ............... $ 2,093,700 Travel .................................. $ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Per Diem, Fees and Contracts ............. $ SSI-Supplement Benefits .................. $ 36,200 AFDC Benefits .......................... $ 200,474,779 Total Funds Budgeted .................... $ 202,604,679 Agency Funds ........................... $ 136,697,479 State Funds Budgeted .................... $ 65,907,200 Total Positions Budgeted 0 THURSDAY, MARCH 3, 1983 2525 Public Assistance Functional Budgets Total Funds State Funds Pos. Refugee Benefits ........ $ 2,093,700 $ --0-- 0 AFDC Payments ........ $ 200,474,779 $ 65,871,000 0 SSI--Supplement Benefits $ 36,200 $ 36,200 0 Undistributed ........... $ --0-- $ --0-- 0 Total .................. $ 202,604,679 $ 65,907,200 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 60,731,686 47,197,617 107,929,303 39,986,892 15,111,387 52,831,024 0 Local Services--Community Services and Benefits Payments Functional Budgets Total Funds State Funds Pos. Local Services-- Benefits Payments Grants............... $ 60,731,686 $ 30,295,843 0 Grants to Counties for Social Services .....$ 47,197,617 $ 22,535,181 0 Undistributed .......... $ --0-- $ --0-- 0 Total .................. $ 107,929,303 $ 52,831,024 0 20. Family and Children Services-- Program Direction and Support Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ 8,685,378 328,560 327,904 --0-- 2526 JOURNAL OF THE SENATE 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 929,300 8,615 7,150,128 190,518 1,169,836 3,185,050 5,500 620,500 22,601,289 11,899,031 575,732 1,572,117 8,554,409 313 Family and Children Services--Program Direction and Support Functional Budgets Total Funds Director's Office. ........ $ 488,157 Research and Demonstration ........ $ 22,400 Program Planning and Development...... $ 1,141,010 Program Management and Training ......... $ 1,669,134 Administration and Management...... $ 14,292,006 Management Information Systems. ............. $ 1,228,909 District Program Operations ........... $ 2,891,254 District Administration ... $ 868,419 Indirect Cost ........... $ --0-- Undistributed ........... $ --0-- Total .................. $ 22,601,289 State Funds Pos. $ 488,157 7 $ 22,400 1 $ 1,141,010 16 $ 1,552,578 57 $ 5,669,522 81 $ 1,228,909 45 $ 2,891,254 89 $ 868,419 17 $ (5,307,840) 0 S 0 $ 8,554,409 313 Budget Unit Object Classes: Personal Services ......................... $ Regular 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 .................................$ 104,199,838 52,111,980 2,777,947 167,350 1,663,273 347,643 11,362,698 5,375,311 3,829,611 81,998,403 879,850 1,590,205 THURSDAY, MARCH 3, 1983 2527 Capital Outlay........................... $ --0-- Grants for Regional Prenatal and Postnatal Care Programs .......... $ 3,879,000 Crippled Children Benefits................. $ 4,267,200 Crippled Children Clinics ................. $ 554,572 Kidney Disease Benefits ................... $ 594,000 Cancer Control Benefits ................... $ 2,015,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants .......................... $ 3,805,000 Family Planning Benefits .................. $ 301,530 Benefits for Midwifery Program ............ $ 175,000 Grant-In-Aid to Counties.................. $ 33,771,910 Work Incentive Benefits ................... $ 479,964 Grants to Fulton County for 24-hour Emergency Social Services ......................... $ 182,400 Benefits for Child Care ................... $ 15,526,203 Homemaker Meals ....................... $ 117,837 Chatham County Homemaker Project .................... $ 539,795 Douglas County Homemaker Project .................... $ 140,362 Fulton County Homemaker Project ......... $ 361,832 Grants for Nephrology Centers............. $ 220,500 Case Services ............................ $ 18,178,500 E.S.R.P. Case Services .................... $ 75,000 SSI-Supplement Benefits .................. $ 36,200 AFDC Benefits .......................... $ 200,474,779 Local Services Benefits Payments Grants ....................... $ 60,731,686 Grants to Counties for Social Services ...............................$ 47,197,617 Contract with Vocational Rehabilitation Community Facilities .............................. $ 3,830,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program.................... $ 100,000 Contract with the Affirmative Industries ................... $ 108,000 Institutional Repairs and Maintenance ....................... $ --0-- Contract with Emory University for Arthritis Research .................. $ 205,000 Grant for Epilepsy Program ............... $ 65,000 Grant to Grady Hospital for Cystic Fibrosis Program ................. $ 40,000 Contract for Scoliosis Screening ............................. $ 115,000 Menninger Group Homes ....... $ 366,000 Contract--Georgia Advocacy Office, Inc. ................... $ 215,000 2528 JOURNAL OF THE SENATE 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 ...... Contract with Auditory Educational Clinic.......... Total Positions Budgeted $ 250,000 $ 113,000 $ 4,500,000 $ 140,000 $ 45,000 $ 60,000 4,205 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 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. There is hereby appropriated $65,871,000 in State funds for the purpose of making AFDC benefit payments. Provided that for Fiscal 1984, 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 $ 111 169 202 238 272 295 320 340 357 383 409 THURSDAY, MARCH 3, 1983 2529 Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 55.12% of the above stan dard of needs. Provided, that of the above appropriation, $140,000 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 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 applicaton. 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 2530 JOURNAL OF THE SENATE other private or 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. Provided, that of the above appropriation, the De partment of Human Resources is authorized to allocate one additional nursing position to Lumpkin County. B. Budget Unit: State Health Planning and Development....................... $ 466,219 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 593,499 47,202 4,599 2,100 --0-- 15,000 80,200 24,800 69,939 6,600 843,939 --0--- 377,720 466,219 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 593,499 47,202 4,599 2,100 --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 ............................ $ 297,542,799 THURSDAY, MARCH 3, 1983 2531 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 9,419,517 1,111,510 9,000 25,159 4,200 38,072 197,209 --0-- 108,070 253,065 365,682 9,150 --0-- --0-- 11,540,634 1,494,365 65,900 9,980,369 497 25 2. Georgia Regional Hospital at Atlanta Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ Capital Outlay........................... $ Authority Lease Rentals .................. $ Total Funds Budgeted .................... $ Agency Funds ........................... $ Indirect DOAS Services Funding ...........$ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles 12,001,807 1,422,687 16,700 7,800 7,000 31,700 143,544 --0-- 141,026 310,130 587,994 13,000 --0-- --0-- 14,683,388 2,382,236 102,100 12,199,052 622 25 3. Georgia Regional Hospital at Savannah Budget: Personal Services ......................... $ 9,809,564 2532 JOURNAL OF THE SENATE Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ................... $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ Authority Lease Rentals .................. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles 899,030 12,000 20,055 2,300 42,347 138,617 ---0-- 117,433 143,720 444,860 7,500 500,000 --0-- 12,137,426 1,264,761 93,300 10,779,365 510 22 4. West Central Georgia Regional Hospital Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ................... $ Publications and Printing ..................$ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............ $ Utilities................................. $ Postage .................................$ Authority Lease Rentals .................. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles 8,067,438 877,739 12,400 47,740 5,120 38,776 112,192 --0-- 113,420 38,250 480,231 12,500 666,500 --0-- 10,472,306 1,362,807 82,300 9,027,199 424 27 5. Northwest Georgia Regional Hospital at Rome Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ 12,237,506 1,189,633 10,400 16,920 THURSDAY, MARCH 3, 1983 2533 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 800 66,755 149,677 --0-- 106,469 41,600 1,266,388 9,125 ---0--921,000 16,016,273 3,559,981 93,300 12,362,992 680 45 6. Gracewood State School and Hospital Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted-- July 1, 1983 Total Positions Budgeted-- June 30, 1984 Authorized Motor Vehicles 27,897,858 2,726,659 11,525 39,630 4,620 229,724 --O-- --0-- 299,316 149,000 1,859,698 10,000 343,000 33,571,030 12,081,302 100,000 21,389,728 1,588 1,546 112 7. Southwestern State Hospital Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ 19,597,304 1,880,752 20,000 30,855 4,000 283,819 158,123 2534 JOURNAL OF THE SENATE Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage ..........$ Capital Outlay........................... $ Total Funds Budgeted .................. $ Agency Funds .......................... $ Indirect DOAS Services Funding .... $ State Funds Budgeted .......... $ Total Positions Budgeted-- July 1, 1983 Total Positions Budgeted-- June 30, 1984 Authorized Motor Vehicles --0-- 161,570 217,920 918,040 16,000 --0-- 23,288,383 6,892,928 98,800 16,296,655 1,104 1,074 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-- July 1, 1983 Total Positions Budgeted-- June 30, 1984 Authorized Motor Vehicles 16,370,205 2,443,810 11,700 68,936 5,100 77,068 166,943 --0-- 220,744 135,770 1,360,380 12,750 794,000 --0-- 21,667,406 8,280,805 109,800 13,276,801 890 871 39 9. Georgia Mental Health Institute Budget: Personal Services ....................... $ Regular Operating Expenses ............... $ Travel .................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing ....... $ Equipment Purchases ..................... $ Computer Charges ....................... $ 10,256,330 1,115,829 12,400 --0-- 3,950 53,477 176,751 THURSDAY, MARCH 3, 1983 2535 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-- 184,040 619,715 1,476,180 12,000 --0-- --0-- 13,910,672 1,494,184 202,100 12,214,388 503 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-- July 1, 1983 Total Positions Budgeted-- June 30, 1984 Authorized Motor Vehicles 72,452,151 9,520,161 25,800 159,895 17,500 255,098 664,798 --0-- 494,233 226,800 5,527,147 42,500 794,125 275,000 90,455,208 23,364,403 677,400 66,413,405 3,953 3,922 215 Central State Hospital Functional Budgets Mental Health/Mental Retardation Services Total Funds $ 78,211,228 Veterans Services ....... $ Department of Offender Rehabilitation Services . $ Total ............... $ 7,948,115 4,295,865 90,455,208 State Funds $ 66,413,405 $ --0-- $ 66,413,405 Pos. 3686/ 3655 267 0 3953/ 3922 2536 JOURNAL OF THE SENATE 11. State Youth Development Centers Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles 13,138,576 1,442,330 7,500 78,023 3,200 406,635 --0-- --0-- 117,165 133,800 985,300 19,500 56,400 16,388,429 334,500 16,053,929 723 103 12. Regional Youth Development Centers Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ................... $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ Capital Outlay........................... $ Grants to County-Owned Detention Centers ...................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles 7,113,566 891,025 11,000 26,295 3,000 40,047 --0-- --0-- 65,000 78,900 575,000 10,500 45,000 2,318,125 11,177,458 249,305 10,928,153 414 41 13. Community Mental Health/ Mental Retardation Services Budget: Personal Services ......................... $ 9,085,665 Regular Operating Expenses ............... $ 533,612 THURSDAY, MARCH 3, 1983 2537 Travel ..................................$ 40,300 Motor Vehicle Equipment Purchases .............................$ 11,500 Publications and Printing .................. $ 3,200 Equipment Purchases ..................... $ 1,000 Computer Charges ....................... $ --0-- Real Estate Rentals ...................... $ 73,075 Telecommunications ...................... $ 34,500 Per Diem, Fees and Contracts ............. $ 388,332 Utilities .................................$ 22,600 Postage .................................$ 2,800 Capital Outlay........................... $ --0-- Drug Abuse Contracts .................... $ 929,794 Day Care Centers for the Mentally Retarded ..................... $ 50,785,749 MR Day Care Center Motor Vehicle Purchases ...................... $ 579,000 Supportive Living Staff ................... $ 1,324,024 Supportive Living Benefits ................. $ 5,068,585 Georgia State Foster Grandparent/Senior Companion Program .................... $ 514,212 Community Mental Health Center Services ........................ $ 61,773,696 Project Rescue ........................... $ 287,700 Project ARC ............................ $ 177,299 Project Friendship ........................ $ 240,500 Group Homes for Autistic Children ....................... $ 265,637 Uniform Alcoholism Projects............... $ 2,548,539 Community Mental Retardation Staff. ...................... $ 2,914,398 Community Mental Retardation Residential Services .................... $ 10,458,863 Total Funds Budgeted .................... $ 148,064,580 Social Services Block Grant Funds ..................... $ 22,807,664 Agency Funds ........................... $ 49,655,082 State Funds Budgeted .................... $ 75,601,834 Total Positions Budgeted 376 Authorized Motor Vehicles 803 Community Mental Health/Mental Retardation Services Functional Budgets Total Funds Mental Health Community Assistance............ $ 5,865,439 Outdoor Therapeutic Program ............. $ 1,028,363 Mental Retardation Community Assistance . $ 1,619,126 Central Pharmacy ....... $ 127,093 State Funds Pos. $ 5,808,539 218 $ 1,028,363 40 1,619,126 64 127,093 3 2538 JOURNAL OF THE SENATE Metro Drug Abuse Centers $ Day Care Centers for the Mentally Retarded .... $ Supportive Living ....... $ Georgia State Foster Grandparent/Senior Companion Program ... $ Community Mental Retardation Staff. .....$ Community Mental Retardation Residential Services.............. $ Group Homes for Autistic Children...... $ Project Rescue. .........$ Drug Abuse Contracts ... $ Project ARC ...........$ Project Friendship....... $ Community Mental Health Center Services ....... $ Uniform Alcoholism Projects.............. $ Central Laboratory ...... $ Undistributed ........... $ Total ..................$ 1,212,689 51,364,749 6,392,609 514,212 3,045,930 10,458,863 265,637 287,700 929,794 177,299 240,500 61,773,696 2,548,539 212,342 --0-- 148,064,580 $ 569,599 45 $ 23,832,641 0 $ 3,211,609 0 $ 514,212 0 $ 2,115,143 0 $ 7,112,415 0 $ 265,637 0 $ 124,700 0 $ 203,444 0 $ 177,299 0 $ 240,500 0 $ 26,400,175 0 $ 2,251,339 0 $ --0-- 6 $ --0-- 0 $ 75,601,834 376 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 8,808,229 1,192,187 376,800 34,360 3,300 20,198 ---0-- 270,300 237,005 --0-- 38,350 22,200 16,000 11,018,929 11,018,929 412 19 Community Youth Services Functional Budgets Total Funds State Funds Pos. Group Homes........... $ 483,398 $ 483,398 19 Community Detention.... $ 1,111,029 $ 1,111,029 17 Day Centers............ $ 597,452 $ 597,452 24 THURSDAY, MARCH 3, 1983 2539 Community Treatment Centers ............ Court Services ........ Runaway Investigations Interstate Compact .... Purchased Services .... Undistributed ......... Total ................ 1,833,321 6,215,423 390,673 77,633 310,000 11,018,929 1,833,321 77 6,215,423 257 390,673 15 77,633 3 310,000 0 --0-- 0 11,018,929 412 15. Regular Operating Expense Reserve Budget: Regular Operating Expense ................ $ Total Funds ............................. $ State Funds ............................. $ --0-- --0-- --0-- Budget Unit Object Classes: Personal Services ......................... $ 236,255,716 Regular Operating Expenses .............. $ 27,246,964 Travel ..................................$ 577,525 Motor Vehicle Equipment Purchases ............................. $ 567,168 Publications and Printing .................. $ 67,290 Equipment Purchases ..................... $ 1,584,716 Computer Charges ....................... $ 1,907,854 Real Estate Rentals ...................... $ 343,375 Telecommunications ...................... $ 2,399,991 Per Diem, Fees and Contracts ............. $ 2,737,002 Utilities ................................$ 15,907,850 Postage .................................$ 199,525 Capital Outlay ........................... $ 719,400 Authority Lease Rentals .................. $ 3,675,625 Grants to County-Owned Detention Centers ..................... $ 2,318,125 Drug Abuse Contracts .................... $ 929,794 Day Care Centers for the Mentally Retarded ..................... $ 50,785,749 MR Day Care Center Motor Vehicle Purchases ...................... $ 579,000 Supportive Living Staff ................... $ 1,324,024 Supportive Living Benefits ................. $ 5,068,585 Georgia State Foster Grandparent/Senior Companion Program .................... $ 514,212 Community Mental Health Center Services ........................ $ 61,773,696 Project Rescue ........................... $ 287,700 Project ARC ............................ $ 177,299 Project Friendship....................... $ 240,500 Group Homes for Autistic Children ....................... $ 265,637 Uniform Alcoholism Projects............... $ 2,548,539 Child Care Benefits ...................... $ 16,000 2540 JOURNAL OF THE SENATE Community Mental Retardation Staff....................... $ Community Mental Retardation Residential Services .................... $ Total Positions Budgeted-- July 1, 1983 Total Positions Budgeted-- June 30, 1984 Authorized Motor Vehicles 2,914,398 10,458,863 12,696 12,574 1,549 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 the flexibility to contract with private homeproviders for services in the home and/or to provide small group resi- THURSDAY, MARCH 3, 1983 2541 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. Provided, that of the above appropriation relating to Georgia Mental Health Institute, $20,000 is designated and committed for the purpose of a short-term training program in alcoholism and drug abuse. Provided, however, the Department is authorized and directed to utilize $2,500,000 of available surplus and reserves of the Georgia Building Authority (Hospi tal) for major renovations and construction at the North west Georgia Regional Hospital, and the Georgia Build ing Authority (Hospital) is authorized to make $2,500,000 of surplus and reserves available for the aforementioned purposes. Provided, however, the Department is authorized and directed to utilize $250,000 of available surplus and reserves of the Georgia Building Authority (Hospital) for planning and preliminary work on the Boone Building renovations at Central State Hospital, and the Georgia Building Authority (Hospital) is authorized to make $250,000 of surplus and reserves available for the afore mentioned purpose. Provided that of the above appropriation relating to Community Youth Services, $33,750 is designated and committed for the purpose of continuing the work experi ence component of the Ft. Yargo Group Home Program. Section 27. Department of Industry and Trade. A. Budget Unit: Department of Industry and Trade............................. $ 1. Industry Budget: Personal Services ......................... $ Regular Operating Expenses ...........$ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ 9,345,589 545,206 11,000 35,000 ---0-- 2542 JOURNAL OF THE SENATE Publications and Printing .................. $ Equipment Purchases .....................$ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts .............$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 2. 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 ...................... $ 5,400 150 10,622 --0-- --0-- 250 607,628 607,628 17 353,982 4,800 2,000 --0-- 47,556 4,170 20,900 433,408 433,408 14 665,361 73,900 65,000 ---0-- 189,500 2,450 18,154 --0-- --0-- 90,870 40,000 1,145,235 1,145,235 26 1,493,354 357,988 31,000 --0-- 2,000 11,775 ---0-- --0-- THURSDAY, MARCH 3, 1983 2543 Telecommunications ......... Per Diem, Fees and Contracts Local Welcome Centers ...... Total Funds Budgeted ....... State Funds Budgeted ....... Total Positions Budgeted 14,190 4,000 110,000 2,024,307 1,934,307 94 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. .......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 648,038 214,670 13,000 12,000 35,000 500 3,000 246,469 119,070 17,000 147,000 2,735,000 3,137,946 25,000 25,000 10,000 500,000 --0-- 7,888,693 3,661,563 24 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 515,798 42,500 72,500 --0-- 10,000 1,400 20,500 49,000 20,500 88,250 820,448 820,448 15 2544 JOURNAL OF THE SENATE 7. Advertising Budget: Advertising.............................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Budget Unit Object Classes: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ....... $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ 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. .......................... $ 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 ............. $ 743,000 743,000 743,000 0 4,221,739 704,858 218,500 12,000 289,456 16,275 56,446 295,469 153,760 221,270 147,000 110,000 743,000 2,735,000 3,137,946 40,000 25,000 25,000 10,000 500,000 --0-- 190 21 --0-- 3,569,440 1,382,178 36,000 --4)-- 24,000 40,000 600 --0-- 68,160 156,852 THURSDAY, MARCH 3, 1983 2545 Atlanta Convention and Visitors Bureau ........................ $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 819,588 6,096,818 --0-- 147 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 3,119,000 99,403 302,960 2,089,184 457,142 1,211,582 696,150 4,742,770 --0-- 45,556,870 --0-- 780 Budget Unit Object Classes: Personal Services......................... $ 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 27,522,496 9,252,406 471,207 472,080 132,108 3,159,000 457,742 99,403 371,120 1,368,434 2,089,184 696,150 4,742,770 819,588 927 36 2546 JOURNAL OF THE SENATE 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. Section 28. Department of Labor. A. Budget Unit: Inspection Division ........... $ Inspection Division Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ......$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Budget Unit Object Classes: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ..................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts .........$ Total Positions Budgeted B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training. .............. $ 805,680 683,019 13,259 87,751 --0-- 5,000 --0-- --0-- 8,351 8,100 200 805,680 805,680 28 683,019 13,259 87,751 --0-- 5,000 --0-- --0-- 8,351 8,100 200 28 3,368,155 THURSDAY, MARCH 3, 1983 2547 1. Basic Employment Security and W.I.N. Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ W.I.N. Grants ........................... $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 40,365,040 3,648,918 1,025,000 --0-- 10,200 990,000 15,000 1,465,096 1,010,000 975,000 226,782 --0-- 49,731,036 1,360,202 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 10,611,379 1,294,973 203,000 --0-- 6,000 19,000 5,000 362,000 364,000 12,000 37,469,000 50,346,352 --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 .................... $ 1,830,307 47,851 20,245 --^0-- 250 300 1,000 63,000 35,000 10,000 2,007,953 2548 JOURNAL OF THE SENATE State Funds Budgeted .................... $ 2,007,953 Total Positions Budgeted 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) ..................... $ Per Diem, Fees and Contracts ............ $ W.I.N. Grants ........................... $ CETA Direct Benefits .................... $ Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles 52,806,726 4,991,742 1,248,245 --0-- 16,450 1,009,300 21,000 1,890,096 1,409,000 12,000 985,000 226,782 37,469,000 --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 ....................... $ 4,702,091 4,085,595 235,664 110,000 ---0-- 30,150 2,590 32,050 55,000 311,807 102,735 36,500 --0-- 5,002,091 4,702,091 116 4,085,595 235,664 110,000 ---0-- 30,150 2,590 32,050 THURSDAY, MARCH 3, 1983 2549 Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Books for State Library ................... $ Capital Outlay ...........................$ Total Positions Budgeted Authorized Motor Vehicles 311,807 102,735 36,500 55,000 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 ............ $ 218,946,663 1. Commissioner's Office Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 1,703,752 43,745 51,360 --0-- 4,200 --0-- 224,505 58,425 43,900 2,129,887 1,011,236 68 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 1,098,793 51,635 13,285 --0-- 13,385 8,000 118,200 249,555 24,670 30,000 163,765 568,000 2,339,288 924,662 43 3. Program Management Budget: Personal Services ......................... $ 1,521,046 Regular Operating Expenses ............... $ 51,830 2550 JOURNAL OF THE SENATE Travel ...........,......................$ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 21,250 33,775 ---0-- --0-- 256,292 58,385 9,287,320 11,229,898 1,373,314 61 4. Operations 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 2,129,740 165,080 2,200 144,000 --0-- 7,356,400 256,290 94,115 76,000 712,355 10,936,180 1,400,000 8,084,343 1,451,837 109 5. Benefits Payments Budget: Medicaid Benefits ........................ $ 662,619,712 Payments to Counties for Mental Health...................... $ 10,845,445 Total Funds Budgeted .................... $ 673,465,157 State Funds Budgeted .................... $ 214,185,614 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services ......................... $ 6,453,331 Regular Operating Expenses ............... $ 312,290 Travel ..................................$ 88,095 Motor Vehicle Equipment Purchases ............................. $ --0-- Publications and Printing .................. $ 195,360 Equipment Purchases ..................... $ 8,000 Computer Charges ....................... $ 7,474,600 Real Estate Rentals ...................... $ 986,642 Telecommunications ...................... $ 235,595 Per Diem, Fees and Contracts ............. $ 9,437,220 Postage ................................$ 876,120 Medicaid Benefits ........................ $ 662,619,712 THURSDAY, MARCH 3, 1983 2551 Payments to Counties for Mental Health ......................... $ Audits Contracts ......................... $ Total Positions Budgeted Authorized Motor Vehicles 10,845,445 568,000 281 3 Provided, that any reserve created by the State Au ditor for the payment of Medicaid Benefits can be ex pended 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 .................... $ Agency Assessments ...................... $ Total Positions Budgeted 5,123,731 924,368 17,525 12,000 --0-- 54,300 2,405 346,893 ---0-- 18,900 5,600 90,300 1,472,291 1,472,291 39 508,278 6,870 1,265 --0-- 5,900 320 137,178 --0-- 5,862 1,000 3,000 669,673 669,673 19 2552 JOURNAL OF THE SENATE 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 1,100 517,204 517,204 13 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 567,770 28,800 20,600 --0-- 20,000 2,350 13,718 --0-- 9,150 177,000 4,400 843,788 843,788 23 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 ......................... $ 560,228 10,700 7,500 --0-- 43,000 7,440 321,029 57,985 48,040 4,166,270 27,460 5,249,652 --0-- THURSDAY, MARCH 3, 1983 2553 Employer and Employee Contributions .......................... $ Total Positions Budgeted 5,249,652 26 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 ............. $ 8,207,788 Postage ................................. $ --0-- Health Insurance Claims .................. $ 166,471,000 Total Funds Budgeted .................... $ 174,678,788 Other Health Insurance Agency Funds ......................... $ --0-- Employer and Employee Contributions .......................... $ 174,678,788 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 724,859 19,440 3,300 --0-- 8,000 14,090 66,726 --0-- 14,440 ---0-- 6,100 --0-- 856,955 667,945 157,100 31,910 33 8. Commissioner's Office Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ 316,441 16,882 9,200 --0-- 15,000 2554 JOURNAL OF THE SENATE Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage ................................. S Total Funds Budgeted .................... $ Agency Assessments ...................... $ Total Positions Budgeted 3,760 ---0-- 515,160 4,887 68,000 3,500 952,830 952,830 8 Budget Unit Object Classes: Personal Services ......................... $ 3,922,472 Regular Operating Expenses ............... $ 109,287 Travel ..................................$ 54,890 Motor Vehicle Equipment Purchases ............................. $ --0-- Publications and Printing .................. $ 147,150 Equipment Purchases ..................... $ 31,365 Computer Charges ....................... $ 1,063,876 Real Estate Rentals ...................... $ 573,145 Telecommunications ...................... $ 106,478 Per Diem, Fees and Contracts ............. $ 12,625,658 Postage .................................$ 135,860 Federal Sub-grants to State and Local Agencies ............... $ --0-- Health Insurance Claim Payments .......... $ 166,471,000 Total Positions Budgeted 161 Authorized Motor Vehicles 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 ............................. $ 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 ...................... $ 49,327,427 2,167,077 187,936 18,000 8,000 192,290 500 162,164 167,212 69,529 THURSDAY, MARCH 3, 1983 2555 Per Diem, Fees and Contracts ............. $ Postage .................................$ 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 ................... $ State Funds Budgeted .................... $ Total Positions Budgeted 84,200 89,586 510,000 --0-- 75,000 3,731,494 50,000 3,656,494 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-- Consolidated Maintenance ............... $ Capital Outlay--Heritage Trust--Wildlife Management Area Land Acquisition .................. $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 12,664,974 3,250,259 67,000 830,750 74,000 483,186 44,219 45,438 221,506 77,500 62,466 344,375 350,000 18,515,673 100,000 15,004,184 477 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 .................................$ Capital Outlay........................... $ 8,917,690 3,705,137 75,000 224,000 95,000 235,000 15,000 132,601 236,456 68,400 57,600 --0-- 2556 JOURNAL OF THE SENATE 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 1,494,800 300,000 1,025,000 2,033,000 1,400,000 215,000 186,000 50,000 1,314,000 100,000 21,879,684 100,000 12,792,751 373 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 ...................... $ Contract--Georgia Rural Water Association ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 9,471,542 679,361 235,400 25,200 84,300 46,046 133,080 512,513 175,592 747,500 96,112 1,500,000 6,000,000 250,437 125,000 10,000 20,092,083 16,893,783 311 5. Coastal Resources Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........$ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ 714,670 187,069 11,000 16,100 18,690 21,947 15,000 THURSDAY, MARCH 3, 1983 2557 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 18,600 7,500 9,639 20,000 1,040,215 980,215 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................ $ Payments to Lake Lanier Islands Development Authority.................. $ Payments to Jekyll Island State Park Authority ................... $ Contract--Special Olympics, Inc. ..................................$ Georgia Sports Hall of Fame .............. $ 33,935,953 8,009,762 406,400 1,104,050 464,280 786,679 369,463 857,764 721,683 985,100 315,403 1,400,000 215,000 6,000,000 1,500,000 250,437 125,000 --0-- --0-- 1,494,800 300,000 75,000 2,033,000 1,025,000 510,000 --0-- 186,000 50,000 2558 JOURNAL OF THE SENATE Capital Outlay--Heritage Trust--Wildlife Management Area Land Acquisition ...... Capital Outlay--User Fee Enhancements ............. Capital Outlay--Buoy Maintenance .............. Capital Outlay-- Consolidated Maintenance . . . Technical Assistance Contract. . Contract--Georgia Rural Water Association .......... Total Positions Budgeted Authorized Motor Vehicles . $ 350,000 . $ 1,314,000 .$ 20,000 . $ 344,375 . $ 100,000 10,000 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 $5,000,000 is designated and committed for grants to local governments for water and sewer projects utilizing a maximum State match of 50% of the total cost of each project. Provided, further that no 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 .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ --0-- 1,580,458 653,875 5,500 30,250 39,000 76,900 ---0-- THURSDAY, MARCH 3, 1983 2559 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 42,100 25,500 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 2,583,489 1,699,322 24,000 58,500 16,500 75,450 19,000 --0-- 39,500 98,480 50,000 4,664,241 --0-- 165 Budget Unit Object Classes: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................. t 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 4,163,947 2,353,197 29,500 88,750 55,500 152,350 19,000 --0-- 81,600 123,980 --0-- --0-- --0-- 50,000 --0-- 229 100 2560 JOURNAL OF THE SENATE Section 33. Department of Offender Rehabilitation. A. Budget Unit: Departmental Operations ...... $ 22,624,010 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 3,778,639 287,471 57,030 --0-- 50,000 3,800 619,598 904,193 200,000 458,260 --0-- 6,358,991 450,000 5,908,991 151 2. 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 ...................... $ Per Diem, Fees and Contracts ............. $ Telecommunications ...................... $ County Subsidy .......................... $ County Subsidy for Jails .................. $ Court Costs ............................. $ Central Repair Fund .................... $ Grants for County Workcamp Construction ................. $ Grants for Local Jails .................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 3,677,384 125,455 149,800 66,400 --0-- 30,900 ---0-- 3,000 418,200 41,600 7,593,825 912,500 264,000 984,000 840,000 400,000 15,507,064 15,507,064 150 3. Training and Staff Development Center Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ 747,585 191,370 137,000 ---0-- THURSDAY, MARCH 3, 1983 2561 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 Budget Unit Object Classes: Personal Services......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities................................. $ County Subsidy .......................... $ County Subsidy for Jails .................. $ Court Costs ............................. $ Central Repair Fund ..................... $ Grants for County Workcamp Construction ................. $ Grants for Local Jails .................... $ Total Positions Budgeted Authorized Motor Vehicles 1,000 15,000 --0-- 70,000 17,000 ---0-- 29,000 1,207,955 1,207,955 33 8,203,608 604,296 343,830 66,400 51,000 49,700 619,598 977,193 258,600 876,460 29,000 7,593,825 912,500 264,000 984,000 840,000 400,000 334 70 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 grants for county workcamp construction, the State shall provide no more than fifty percent of the total construc tion cost. B. Budget Unit: Correctional Institutions, Transitional Centers, and Support........................ $ 119,006,936 1. Georgia Training and Development Center Budget: Personal Services................ Regular Operating Expenses ...... Travel ......................... ... $ ... $ ... $ 1,386,798 73,950 800 2562 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. ................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 2. 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 3. 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 4. Georgia Diagnostic and Classification Center Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ 127,000 1,623,748 1,623,748 66 5,679,903 273,100 3,000 25,000 30 48,600 2,400 550,500 6,582,533 6,582,533 299 1,353,764 54,175 3,400 17,340 4,490 1,433,169 1,190,596 50 5,928,002 283,560 1,500 THURSDAY, MARCH 3, 1983 2563 Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted --0-- --0-- 29,000 --0-- --0-- 47,600 3,300 634,000 6,926,962 6,926,962 321 5. 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 .................................$ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 13,189,943 606,444 12,250 --0-- --0-- 100,000 --0-- --0-- 120,900 7,800 1,444,000 15,481,337 --0-- 15,456,337 739 6. 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 9,691,856 455,235 10,415 --0-- --0-- 64,000 --0-- --0-- 120,000 15,360 1,090,000 11,446,866 11,323,866 515 7. Middle Georgia Correctional Institution Budget: Personal Services ......................... $ 12,352,921 Regular Operating Expenses ............... $ 503,710 2564 JOURNAL OF THE SENATE Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Payments to Central State Hospital for Utilities.................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 4,000 5,440 133,000 4,800 334,000 726,500 14,149,371 14,149,371 680 8. 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 2,946,489 115,450 1,200 272,500 3,352,939 3,352,939 156 9. Central Correctional Institution Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities................................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 2,495,255 94,600 1,575 251,835 2,867,665 2,867,665 135 THURSDAY, MARCH 3, 1983 2565 10. 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 11. 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 12. Central Funds Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Authority Lease Rentals .................. $ Capital Outlay........................... $ Inmate Release Funds .................... $ Total Funds Budgeted .................... $ 3,293,039 122,900 2,300 3,075 9,100 41,000 10,000 324,100 3,805,514 3,805,514 184 3,115,493 125,160 2,100 4,000 6,000 52,000 --0-- 307,000 3,611,753 3,556,753 173 2,153,304 3,967,683 --0-- 365,000 69,100 296,375 440,000 350,000 595,000 8,236,462 2566 JOURNAL OF THE SENATE State Funds Budgeted .................... $ 8,046,462 Total Positions Budgeted 0 13. D.O.T. Work Details Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ..................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities ...............................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 471,479 14,200 --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- 485,679 --0-- 27 14. 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 3,142,640 4,862,600 7,500 165,000 10,000 2,205,880 53,000 10,446,620 9,820,510 192 15. Farm Operations Budget: Personal Services ......................... $ Regular Operating Expenses ........ $ Travel .................................. $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....... ............... $ Real Estate Rentals ...................... $ 688,780 3,568,300 63,800 THURSDAY, MARCH 3, 1983 2567 Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities................................. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 16. Dodge Correctional Institution Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ..................... $ Per Diem, Fees and Contracts ............. $ Utilities. ................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 17. 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 18. Augusta Correctional and Medical Institution Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ 4,370,780 4,330,780 33 2,155,160 87,900 1,500 6,900 27,000 35,520 215,000 2,528,980 2,528,980 136 2,313,740 171,000 4,800 13,460 194,000 36,900 5,800 275,000 --0-- 3,014,700 3,014,700 119 3,986,581 205,100 3,000 2568 JOURNAL OF THE SENATE Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 19. 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 the Medical Association of Georgia for Jail and Prison Health Care Certification ...................... $ 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.................. $ Inmate Release Funds .................... $ Health Service Purchases.................. $ 9,300 32,000 4,800 329,000 4,569,781 4,569,781 245 4,910,749 952,510 --0-- 49,700 --0-- 40,480 200,000 9,706,000 15,859,439 15,859,439 237 81,255,896 16,537,577 59,340 365,000 69,100 935,650 --0-- 230,770 730,490 139,680 6,153,935 2,205,880 779,500 200,000 595,000 9,706,000 THURSDAY, MARCH 3, 1983 2569 Payments to the Medical Association of Georgia for Jail and Prison Health Care Certification ....... Authority Lease Rentals . . . Capital Outlay............ Total Positions Budgeted Authorized Motor Vehicles 40,480 440,000 350,000 4,307 375 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. Provided, however, the Department is authorized to cause funds previously appropriated for the design of a prison in Ware County, to be redirected to the design of a prison in Atkinson County. C. 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 ...................... $ 9,045,764 7,332,900 252,248 371,650 53,265 25,724 249,542 20,000 468,155 197,730 19,800 54,750 9,045,764 9,045,764 385 7,332,900 252,248 371,650 53,265 25,724 249,542 20,000 468,155 2570 JOURNAL OF THE SENATE Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ County Jail Subsidy ..................... $ Total Positions Budgeted Authorized Motor Vehicles D. 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 E. Budget Unit: Probation Field Operations ............................ $ 1. Probation Operations Budget: Personal Services......................... $ Regular Operating Expenses ............... $ 197,730 19,800 54,750 385 22 --0-- 1,649,836 570,700 48,000 102,500 8,000 60,000 1,955 30,500 58,000 234,700 4,573,000 84,000 --0-- 7,421,191 --0-- 66 1,649,836 570,700 48,000 102,500 8,000 60,000 1,955 30,500 58,000 234,700 4,573,000 84,000 --0-- 66 16 19,827,578 13,957,692 407,891 THURSDAY, MARCH 3, 1983 2571 Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ..................... $ Telecommunications ...................... $ Utilities................................. $ Per Diem Fees and Contracts .............. $ Grants for Independent Probation Systems...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 237,000 --0-- 20,000 70,386 --0-- 297,800 196,250 5,650 3,000 427,000 15,622,669 15,622,669 664 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 ............. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 3,674,066 299,155 20,350 19,000 --0-- 146,153 ---0-- 246,895 57,000 234,000 --0-- 240,000 4,936,619 4,204,909 187 Budget 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 ............. $ Capital Outlay........................... $ Grants for Independent Probation Systems...................... $ 17,631,758 707,046 257,350 19,000 20,000 216,539 --0-- 544,695 253,250 239,650 3,000 240,000 427,000 2572 JOURNAL OF THE SENATE Total Positions Budgeted 851 Authorized Motor Vehicles 93 Provided, that of the above appropriation relating to Grants to Independent Probation Systems, the Depart ment shall, for disbursement purposes, compute the State cost per probationer on a state-wide basis pursuant to the formula used by the Office of Planning and Budget and make payments to the independent county probation sys tems utilizing this State cost per probationer. Section 34. Department of Public Safety. Budget Unit: Department of Public Safety ................................$ 56,152,209 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 305,436 23,319 15,000 --0-- 3,500 ---0-- 13,506 35,203 18,000 --0-- 4,000 417,964 208,982 12 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 ................................. S Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 3,542,043 1,545,920 96,000 ---0-- 72,000 42,128 ---0-- --0-- 115,000 77,000 40,000 5,530,091 ---0-- 5,497,273 156 THURSDAY, MARCH 3, 1983 2573 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........................... $ Driver License Processing ................. $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 5,977,782 265,469 3,500 --0-- 237,000 57,923 2,748,707 3,960 66,000 500 565,000 180,000 75,000 714,000 10,894,841 1,500,000 9,394,841 318 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 26,800,466 4,776,927 19,000 4,465,609 134,000 236,051 --0-- 2,729 356,200 5,000 36,000 --0-- 36,831,982 150,000 36,681,982 996 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 ...................... $ 710,900 81,103 28,000 --0-- 16,000 ---Q-- 55,000 47,500 19,000 2574 JOURNAL OF THE SENATE Per Diem, Fees and Contracts ............. $ Postage .................................$ Peace Officers Training Grants ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 6. Police Academy: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage ................................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 7. Fire Academy: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 8. Georgia Firefighter Standards and Training Council Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ 12,250 5,300 1,591,659 2,566,712 2,566,712 25 484,694 130,200 6,300 --0-- 9,000 3,500 7,000 --0-- 16,723 138,541 2,400 798,358 773,058 16 309,603 53,200 12,000 11,940 2,800 14,000 48,000 15,182 10,000 85,000 5,500 567,225 527,225 13 125,329 7,940 8,700 ---0-- 2,000 2,000 33,500 3,500 3,700 2,000 THURSDAY, MARCH 3, 1983 2575 Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 1,100 189,769 189,769 4 9. Organized Crime Prevention Council Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 121,854 15,520 9,500 9,000 1,500 17,900 ---0-- --0-- 3,000 18,840 700 197,814 197,814 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 ............. $ Postage .................................$ Capital Outlay........................... $ Total Funds Budgeted ....................$ State Funds Budgeted .................... $ Total Positions Budgeted 97,053 3,400 3,000 --0-- 200 600 800 3,500 3,000 2,500 500 --0-- 114,553 114,553 3 Budget Unit Object Classes: Personal Services......................... $ Regular Operating Expenses ............... $ Travel .................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ......................$ Telecommunications ...................... $ 38,475,160 6,902,998 201,000 4,486,549 478,000 374,102 2,906,513 111,574 610,623 2576 JOURNAL OF THE SENATE Per Diem, Fees and Contracts ............. $ Postage .................................$ Conviction Reports ....................... $ Peace Officers Training Grant. ............. $ Driver License Processing ................. $ Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles 341,631 660,500 180,000 1,591,659 714,000 75,000 1,546 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). 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 ..................... $ 11,991,350 THURSDAY, MARCH 3, 1983 2577 Departmental Operations Budget: Payments to Employees' Retirement System ..................... $ Employer Contributions ................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Budget Unit Object Classes: Payments to Employees' Retirement System ..................... $ Employer Contributions ................... $ 173,250 11,818,100 11,991,350 11,991,350 173,250 11,818,100 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 ..................... S 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......................... $ 4,241,916 780,083 39,200 8,000 --0-- 1,200 1,600 2,500 74,733 33,000 5,500 945,816 944,816 22 1,093,256 181,539 38,079 62,424 9,500 4,020 72,750 60,623 28,980 --0-- 1,551,171 1,551,171 47 1,469,930 2578 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 Budget Unit Object Classes: Personal Services ......................... $ Regular 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 48,914 57,794 7,776 2,300 5,640 20,251 76,849 33,000 100,045 1,822,499 1,745,929 50 3,343,269 269,653 103,873 70,200 13,000 11,260 95,501 212,205 94,980 105,545 119 26 Section 37. Regents, University System of Georgia. A. Budget Unit: Resident Instruction and University System Institutions ........... . $ 540,252,940 1. Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs.............. $ 424,387,796 Sponsored Operations ................... $ 56,737,000 Operating Expenses: Educ., Gen., and Dept. Svcs............. $ 121,483,900 Sponsored Operations ................... $ 59,327,000 Office of Minority Business Enterprise ..................... $ 277,773 Special Desegregation Programs ............ $ 268,646 Satellite Medical Facility Program .............................. $ --0-- Teachers' Retirement ..................... $ 54,415,184 Authority Lease Rentals .................. $ 16,370,000 Capital Outlay........................... $ 600,000 Total Funds Budgeted .................... $ 733,867,299 Less Agency Funds: Departmental Income . $ 14,600,000 THURSDAY, MARCH 3, 1983 2579 Sponsored Income ........................ $ 116,064,000 Other Funds. ............................ $ 138,573,000 Auxiliary Income ........................ $ --0-- Indirect Communication Charges ........... $ 3,027,300 State Funds Budgeted .................... $ 461,602,999 Total Positions Budgeted 17,002 Provided, that from appropriated funds in this budget unit, the amount of $16,370,000 is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books whatsoever. Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an 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- 2580 JOURNAL OF THE SENATE 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 16% Personal Services continuation fac tor incorporated into the Resident Instruction appropria tion in this Appropriations Act be utilized to provide 2Vi% 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 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.............. S Sponsored Operations ................... $ Total Funds Budgeted .................... $ Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ S 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 .................... S Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ S Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 618,350 ---0-- 242,010 --0-- 860,360 --0-- --0-- 135,000 9,800 715,560 27 785,180 800,000 551,070 943,750 3,080,000 --0-- 1,743,750 400,000 --0-- 936,250 35 THURSDAY, MARCH 3, 1983 2581 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 .................... $ 359,840 162,487 185,290 126,263 833,880 Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 288,750 545,130 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 .................... $ 9,302,473 23,700,742 6,963,345 19,739,840 425,270 60,131,670 Less Agency Funds: Departmental Income..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........ $ State Funds Budgeted .................... $ Total Positions Budgeted 43,440,582 11,414,375 117,600 5,159,113 313 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 .................... $ 1,104,796 35,000 691,585 15,000 515,041 2,361,422 Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ 50,000 1,257,767 2582 JOURNAL OF THE SENATE Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 12,200 1,041,455 38 7. Agricultural Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $ Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $ Capital Outlay........................... $ Total Funds Budgeted .................... $ 18,844,595 3,700,000 7,777,649 2,000,000 --0-- 32,322,244 Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted --0-- 5,700,000 6,839,745 95,900 19,686,599 855 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 .................... $ 21,474,800 4,590,000 3,278,889 2,010,000 31,353,689 Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted --0-- 6,600,000 5,460,000 126,700 19,166,989 960 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 .................... $ 47,328,326 2,660,000 21,396,914 670,000 2,100,000 74,155,240 THURSDAY, MARCH 3, 1983 2583 Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds. ............................ $ Board of Corrections ..................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 1,150,000 3,330,000 43,201,453 1,548,498 193,500 24,731,789 3,022 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 .................... $ 907,540 150,000 1,795,388 Less Agency Funds: Departmental Income..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 1,795,388 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 .................... $ 668,147 ---0-- 972,000 ---0-- 1,640,147 Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 1,324,178 315,969 53 2584 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 114,843 94,634 2,000,000 1,785,000 150,000 185,000 4,329,477 4,329,477 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. Provided, that of the funds appropriated for Capita tion Grants for Family Practice, it is permissible that any funds not committed to existing programs may be used to begin a Family Practice Program at Emory University School of Medicine. 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 .................... $ 585,680 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: Educ., Gen., and Dept. Svcs.............. $ 526,482,366 Sponsored Operations ................... $ 92,385,229 THURSDAY, MARCH 3, 1983 2585 Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ 164,369,825 Sponsored Operations ................... $ 84,831,853 Office of Minority Business Enterprise ..................... $ 277,773 Special Desegregation Programs ............ $ 268,646 Satellite Medical Facility Program .............................. $ --0-- Fire Ant Research ....................... $ 150,000 Agricultural Research..................... $ 737,620 Disease Research......................... $ --0-- Advanced Technology Development Center .................... $ 515,041 Capitation Contracts for Family Practice Residency............... $ 2,000,000 New Program Development Contracts for Family Practice Residency ..................... $ 150,000 Residency Capitation Grants............... $ 1,785,000 Student Preceptorships .................... $ 185,000 Teachers' Retirement ..................... $ 54,415,184 Authority Lease Rentals .................. $ 16,370,000 Capital Outlay--ETMH Renovations ........................... $ 2,100,000 Capital Outlay........................... $ 600,000 Total Positions Budgeted 22,407 B. Budget Unit: Regents Central Office ........ $ 18,092,922 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 2,802,331 609,139 6,667,400 547,500 500,000 200,000 6,576,552 190,000 --0-- 18,092,922 18,092,922 100 Budget Unit Object Classes: Personal Services......................... $ Operating Expenses....................... $ SREB Payments ......................... $ Medical Scholarships ..................... $ Regents Opportunity Grants ............... $ Regents Scholarships ..................... $ Grants to Junior Colleges ................. $ 2,802,331 609,139 6,667,400 547,500 500,000 200,000 6,576,552 2586 JOURNAL OF THE SENATE Rental Payments to Georgia Military College ......... Central Savannah River Area Business League ......... Total Positions Budgeted Authorized Motor Vehicles 190,000 Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $796 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student. C. Budget Unit: Georgia Public Telecommunications Commission ........................... $ Public Telecommunications Commission Budget: Personal Services: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $ Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $ Total Funds Budgeted .................... $ 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 3,906,409 3,009,630 --0-- 2,854,558 --0-- 5,864,188 1,957,779 3,906,409 137 3,009,630 2,854,558 137 14 Section 38. Department of Revenue. Budget Unit: Department of Revenue ....... $ 1. Departmental Administration Budget: Personal Services......................... $ County Tax Officials/Retirement and PICA............................. $ 36,765,075 1,057,256 854,618 THURSDAY, MARCH 3, 1983 2587 Regular 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 168,563 --0-- 21,900 12,600 11,796 9,000 --0-- 23,777 3,000 150 2,162,660 --0-- 2,162,660 32 4,914,450 483,950 ---0-- 10,000 315,000 37,947 2,438,162 --0-- 95,459 157,258 750,000 311,400 --0-- 9,513,626 1,689,168 7,824,458 242 Provided, that of the above appropriated amount re lating to motor vehicle tag purchases, $750,000 is desig nated and committed for use in contracting with the De partment of Offender Rehabilitation for the production of at least 750,000 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 ..................................$ 1,282,859 64,770 68,000 2588 JOURNAL OF THE SENATE Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ..................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Grants to Counties/Appraisal Staff .................................$ Postage .................................$ Total Funds Budgeted .................... $ Repayment of Loans to Counties/Property Revaluation ........... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 21,900 151,000 3,775 244,847 --0-- 21,063 145,000 1,430,000 12,300 3,445,514 --0-- --0-- 3,445,514 55 4. Sales Taxation Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 1,569,787 20,550 --0-- --0-- 75,470 6,012 506,000 ---0-- 29,113 ---0-- 100,500 2,307,432 350,600 1,956,832 83 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 741,230 5,450 --0-- --0-- 49,524 1,514 263,000 14,793 1,075,511 1,075,511 36 THURSDAY, MARCH 3, 1983 2589 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 2,717,419 50,700 --0-- --0-- 397,000 10,170 2,475,469 --0-- 44,249 --0-- 388,354 6,083,361 1,715,232 4,368,129 128 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 2,536,610 16,040 518,000 ---0-- 3,200 3,200 4,000 --0-- 19,754 1,500 75 3,102,379 3,102,379 82 8. Field Audit Services Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges .......................$ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted 7,023,128 203,240 297,000 58,400 47,200 21,000 119,825 326,098 217,096 --O-- 68,034 8,381,021 90,000 8,291,021 306 2590 JOURNAL OF THE SENATE 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 Services ......................... $ County Tax Officials/Retirement and PICA............................. $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Loans to Counties/Property Reevaluation .......................... $ Grants to Counties/Appraisal Staff .................................$ Motor Vehicle Tag Purchases .............. $ Motor Vehicle Decal Purchases ............ $ Postage .................................$ Total Positions Budgeted Authorized Motor Vehicles 1,464,336 182,270 --0-- --0-- 360,000 14,438 71,000 997,603 14,700 ---Q-- 1,434,224 4,538,571 --0-- 4,538,571 69 23,307,075 854,618 1,195,533 883,000 112,200 1,410,994 109,852 6,131,303 1,323,701 480,004 306,758 --0-- 1,430,000 750,000 311,400 2,003,637 1,033 60 Section 39. Secretary of State. A. Budget Unit: Secretary of State ............ $ 1. Internal Administration Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ 13,264,902 864,019 77,866 4,624 --0-- THURSDAY, MARCH 3, 1983 2591 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. 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 3. Corporations Regulation Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing ..................$ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 4. Elections and Campaign Disclosure Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ 47,663 4,000 6,640 106,944 28,788 25 24,000 1,164,569 1,164,569 35 1,949,275 243,595 22,782 --0-- 14,600 56,000 ---0-- 32,103 56,204 2,000 20,000 1,276,000 3,672,559 3,632,559 82 583,105 22,467 263 --0-- 15,539 6,579 67,417 120,854 47,832 --0-- 36,000 900,056 900,056 31 188,900 18,005 315 --0-- 3,000 2592 JOURNAL OF THE SENATE 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 5. 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 6. 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 7. Drugs and Narcotics Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing ..................$ Equipment Purchases ..................... $ Computer Charges ....................... $ 5,700 75,350 3,000 300,000 594,270 594,270 8 648,264 36,530 2,257 ---0-- 110,860 8,775 2,351 47,818 16,320 200 20,000 893,375 893,375 29 523,278 37,354 7,110 --0-- 4,000 2,300 10,000 101,122 13,835 2,100 400 701,499 701,499 18 468,859 42,303 24,550 ---0-- 700 800 --0-- THURSDAY, MARCH 3, 1983 2593 Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 8. State Campaign and Financial Disclosure Commission Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing.................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted ....................$ State Funds Budgeted .................... $ Total Positions Budgeted 9. 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 10,764 8,800 1,745 2,500 561,021 561,021 16 86,177 5,050 1,730 4,357 11,025 2,699 3,860 2,000 116,898 116,898 3 2,950,097 731,659 85,172 --0-- 75,000 16,023 92,294 241,010 98,022 271,378 140,000 4,700,655 4,700,655 133 Occupational Certification Functional Budgets Accounting ............. $ Architect............... $ Athletic Trainers ........ $ Auctioneers............. $ Barbers ................ $ Chiropractic ............ $ Board Costs 126,327 61,584 174 3,209 6,055 7,869 Cost of Operations $ 250,674 128,472 1,335 42,210 177,894 52,253 2594 JOURNAL OF THE SENATE Construction Industry .... $ Cosmetology............ $ Dentistry............... $ Engineers .............. $ Forestry ............... $ Funeral Service ......... $ Geology................ $ Hearing Aid............ $ Landscape Architect ..... $ Librarians.............. $ 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 ............ $ Total .................. $ 42,299 15,648 38,418 48,130 2,700 8,549 2,700 2,922 5,390 2,122 184,382 8,678 88,398 5,852 4,501 1,654 7,455 58,769 5,219 1,649 1,235 80,535 20,322 9,585 1,789 4,264 1,839 8,083 3,263 17,966 5,044 3,770 898,348 $ 243,248 $ 523,555 $ 190,496 $ 254,757 $ 25,401 $ 102,741 $ 14,154 $ 13,338 $ 14,525 $ 14,482 $ 758,997 $ 21,445 $ 655,361 $ 24,551 $ 22,750 $ 7,599 $ 67,139 $ 320,993 $ 14,741 $ 16,790 $ 12,715 $ 411,896 $ 209,274 $ 37,542 $ 18,726 $ 18,490 $ 15,071 $ 168,069 $ 20,537 $ 66,442 $ 46,914 $ 23,098 $ 5,008,675 Budget Unit Object Classes: Personal Services ......................... $ 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 8,261,974 1,214,829 148,803 --0-- 275,719 94,477 178,702 671,640 278,200 356,658 300,000 247,900 1,276,000 355 71 THURSDAY, MARCH 3, 1983 2595 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 891,913 550,322 118,291 12,000 --0-- 25,000 5,000 54,000 33,600 17,400 76,300 891,913 891,913 27 Real Estate Commission Functional Budget Cost of State Funds Operations Pos. Real Estate Commission.. $ 891,913 $ 932,863 27 Budget Unit Object Classes: Personal Services ......................... $ Regular Operating Expenses ............... S 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 528,962 1 18,291 12,000 --0-- 25,000 5,000 54,000 33,600 17,400 76,300 27 11 Section 40. Georgia Student Finance Commission. Budget Unit: Georgia Student Finance Commission .................... $ 1. Internal Administration Activity Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ 16,566,130 2,126,410 276,780 2596 JOURNAL OF THE SENATE Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing.................. $ Equipment Purchases ..................... S Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 48,400 ---0-- 55,000 17,310 66,220 87,690 2,677,810 --0-- 94 2. Higher Education Assistance Corporation Budget: Payment of Interest and Fees .............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 320,000 320,000 253,000 0 3. Georgia Student Finance Authority Budget: Guaranteed Educational Loans ............. $ Tuition Equalization Grants ............... $ Student Incentive Grants .................. $ North Georgia College ROTC Grants ......................... $ Law Enforcement Personnel Dependents' Grants..................... $ Georgia Military Scholarship Grants ..........................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 3,410,000 11,120,000 3,740,505 135,000 28,000 70,910 18,504,415 16,313,130 0 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 ............. $ Payment of Interest and Fees .............. $ Guaranteed Educational Loans ............. $ Tuition Equalization Grants ............... $ Student Incentive Grants .................. $ Law Enforcement Personnel Dependents' Grants..................... $ North Georgia College ROTC Grants ......................... $ 2,126,410 276,780 48,400 --0-- 55,000 17,310 66,220 87,690 320,000 3,410,000 11,120,000 3,740,505 28,000 135,000 THURSDAY, MARCH 3, 1983 Georgia Military Scholarship Grants, ....................$ Total Positions Budgeted Authorized Motor Vehicles Provided, that of the above appropriated amount rel ative to Educational Loans an amount not to exceed $14,000 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 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 pro vide cancellable loans to students as designated below pursuant'to provisions of Code Section 20-3-374, to wit: (a) an amount not less than $1,435,000 is designated and committed for the purpose of providing cancellable loans to students in paramedical and other professional and educational fields of study; (b) an amount not to exceed $100,000 is designated and committed for the purpose of providing cancellable loans to students who are eligible members of the Georgia National Guard; (c) an amount not to exceed $225,000 is designated and committed for the purpose of providing cancellable loans to classroom teachers seeking special education training; (d) an amount not to exceed $30,000 is designated and commit ted for the purpose of providing cancellable loans to stu dents who are to become agricultural teachers; and (e) an amount not to exceed $135,000 is designated and com mitted for the purpose of providing cancellable loans to students who are to become mathematics or science 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 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 as pro vided for in Code Sections 20-3-410 through 20-3-416. Provided, that the above appropriated amount rela tive to North Georgia College ROTC Grants provides for 2597 70,910 94 1 2598 JOURNAL OF THE SENATE payment of grants to eligible students as provided for in Code Sections 20-3-430 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 Code Sections 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 Code Sections 20-3-420 through 20-3437. 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 20-3-273, and loan discount fee payments to lenders as provided for in 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 20-3-272 and Code Section 20-3-319. Provided, however, the Department is authorized and directed to provide 29 more Tuition Equalization Grants than were authorized in S.F.Y. 1984 Budget Re port. 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 .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ 880,559 434,877 41,444 43,000 --0-- 12,369 4,150 ---0-- 21,765 11,000 132,785 701,390 THURSDAY, MARCH 3, 1983 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 2599 701,390 12 141,033 13,395 8,000 --0-- 400 500 6,500 4,141 3,200 2,000 179,169 179,169 5 575,910 54,839 51,000 --0-- 12,769 4,650 6,500 25,906 14,200 134,785 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 .................................$ 2,319,000 1,551,407 74,800 21,600 --0-- 48,825 12,600 231,315 111,000 53,485 189,000 80,000 2600 JOURNAL OF THE SENATE 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 1,015,000 1,304,000 4,693,032 2,319,000 63 1,551,407 74,800 21,600 ---0-- 48,825 12,600 231,315 111,000 53,485 189,000 80,000 1,015,000 1,304,000 63 1 Section 43. Department of Transportation. Budget Unit: Department of Transportation .................... ... $ 411,439,745 Planning and Construction Budget: Personal Services ......................... $ 74,799,806 Regular Operating Expenses ............... $ 4,904,656 Travel ..................................$ 1,128,888 Motor Vehicle Equipment Purchases ............................. $ --0-- Publications and Printing .................. $ 258,201 Equipment Purchases ..................... $ 58,233 Computer Charges ....................... $ --0-- Real Estate Rentals ...................... $ 28,295 Telecommunications ...................... $ 1,011,196 Per Diem, Fees and Contracts ............. $ 6,862,995 Capital Outlay........................... $ 389,519,894 Geodetic Control......................... $ 310,884 Capital Outlay--Paving State and Local Schools and State Institutions ................... $ 750,000 THURSDAY, MARCH 3, 1983 2601 Capital Outlay--Paving State Parks and Historic Sites ................ $ 500,000 Total Funds Budgeted .................... $ 480,133,048 State Funds Budgeted .................... $ 184,404,768 Total Positions Budgeted 3,023 2. Maintenance and Betterments Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases .....................$ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 57,668,922 39,779,079 366,773 17,509 5,400 158,747 1,029,175 63,123,001 162,148,606 159,348,606 3,564 3. Facilities and Equipment Budget: Motor Vehicle Equipment Purchases ........ $ Equipment Purchases ..................... $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ 1,000,000 2,163,420 131,200 3,294,620 3,194,620 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 ........... $ 8,908,788 960,097 95,000 --0-- 510,149 ---0-- 599,500 1,058,245 275,766 245,974 24,710,358 3,712,000 2602 JOURNAL OF THE SENATE Total Funds Budgeted .................... $ 41,075,877 State Funds Budgeted .................... $ 40,795,877 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 IX, Para graph VI, 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 country 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, the Office of Plan ning and Budget is hereby authorized and directed to give advanced budgetary authorization for the letting and THURSDAY, MARCH 3, 1983 execution 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 Sink ing Fund" for the specific purpose of paying annual debt service requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of 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 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 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 ....................... $ 2603 310,884 2604 JOURNAL OF THE SENATE Capital Outlay--Paving State and Local Schools and State Institutions ................ Paving State Parks and Historic Sites .............. 750,000 500,000 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 IX, Paragraph VI, 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. 7. Air Transportation Budget: Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing.................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ 519,133 512,900 11,000 200 363,000 THURSDAY, MARCH 3, 1983 2605 Real Estate Rentals ......................$ Telecommunications ...................... $ Per Diem, Fees and Contracts .............$ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted 1 6,222 500 --0-- 1,412,956 1,028,583 16 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 680,935 49,500 16,000 --0-- 22,000 400 --0-- --0-- 20,718 700,000 700,000 1,000,000 100,000 2,016,475 5,306,028 3,469,278 22 9. Harbor Maintenance Budget: Harbor Maintenance Payments............. $ Capital Outlay--Land Acquisition .......... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ 564,000 --0-- 564,000 564,000 Budget Unit Object Classes: Personal Services......................... $ 142,577,584 Regular Operating Expenses ............... $ 46,206,232 Travel ..................................$ 1,617,661 Motor Vehicle Equipment Purchases ............................. $ 1,000,000 Publications and Printing.................. $ 808,059 Equipment Purchases ..................... $ 2,585,053 Computer Charges ....................... $ 599,500 Real Estate Rentals ...................... $ 1,091,941 Telecommunications ...................... $ 1,472,649 Per Diem, Fees and Contracts ............. $ 8,838,644 Capital Outlay........................... $ 452,774,095 Mass Transit Grants...................... $ 2,016,475 2606 JOURNAL OF THE SENATE 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. ................ $ Total Positions Budgeted Authorized Motor Vehicles 9,317,000 564,000 9,317,013 24,710,358 700,000 3,712,000 1,000,000 100,000 310,884 750,000 500,000 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 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 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 $564,000 of the above allocation for harbor maintenance payments is designated and commit ted for payment for harbor maintenance and improve ments at Savannah. Provided, further, that the Department of Transpor tation is authorized and directed to transfer to Personal Services from other object classes such funds as are re- THURSDAY, MARCH 3, 1983 2607 quired to fund the increased Personal Services costs con templated in this Act, subject only to approval by the Of fice of Planning and Budget. Provided that the Department of Transportation is authorized to retain its Bus Rental Income to operate, maintain, and upgrade the department-owned buses. Section 44. Department of Veterans Service. Budget Unit: Department of Veterans Service ...............................$ 12,767,928 1. Veterans Assistance Budget: Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ...,..............................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles 3,212,792 68,486 84,500 --0-- 17,000 4,000 ---0-- 188,768 55,500 5,000 32,200 3,668,246 3,421,717 142 1 2. Veterans Home and Nursing Facility-- Milledgeville Budget: Capital Outlay........................... $ Equipment Purchase ...................... $ Regular Operating Expenses for Projects............................ $ Operating Expenses/Payments to Central State Hospital .................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ --0-- 27,865 18,185 7,948,115 7,994,165 6,600,960 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 .................... $ --0-- 11,960 --0-- 3,515,011 3,526,971 2,745,251 2608 JOURNAL OF THE SENATE Budget Unit Object Classes: Personal Services......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Outlay........................... $ 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 3,212,792 68,486 84,500 17,000 43,825 188,768 55,500 5,000 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 ..................... $ 4,577,244 3,228,395 85,784 40,000 ---0-- 34,000 12,000 225,420 376,596 75,000 40,716 51,800 4,169,711 4,154,711 127 344,257 8,830 10,000 --0-- 2,000 350 THURSDAY, MARCH 3, 1983 2609 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 --0-- 29,896 8,200 12,500 6,500 422,533 422,533 15 3,572,652 94,614 50,000 ---0-- 36,000 12,350 225,420 406,492 83,200 53,216 58,300 142 1 Section 46. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) ..... $ 114,051,180 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New)....... $ 33,050,420 Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $910,000 is specifically appropriated for the pur pose of financing the construction and equipping of build ings and facilities under the control of the State Board of Regents at the University System through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $15,739,360 is specifically appropriated for the purpose of financing a school construction program throughout the State of Georgia, which will consist of the construction and equipping of school buildings and facili ties, including vocational education comprehensive high schools, through the issuance of not more than 2610 JOURNAL OF THE SENATE $60,540,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $8,975,200 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 $34,520,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,600,000 is specifically appropriated for the pur pose of financing the equipping of the Georgia World Congress Center through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $390,000 is specifically appropriated for the pur pose of constructing and equipping a Regional Youth De velopment Center 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, $3,499,860 is specifically appropriated for the pur pose of financing the construction and equipping the Georgia Public Safety Training Academy in Monroe County, Georgia through the issuance of not more than $13,465,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $936,000 is specifically appropriated for the pur pose of financing the acquisition and clearing land for the deposit of spoilage in connection with harbor mainte nance by the Department of Transportation through the issuance of not more than $3,600,000 in principal amount of General Obligation Debt. Section 47. In addition to all other appropriations for the State fiscal year ending June 30, 1984, there is hereby appropriated $2,000,000 to be allocated to various state agencies for the purpose of paying unemployment compensation payments to former employees. Funds are to be distributed to the various agencies according to the method developed by the Office of Planning and Budget, the Department of Administrative Services and the Leg islative Budget Office. THURSDAY, MARCH 3, 1983 2611 Section 48. There is hereby appropriated $17,000,000 for the payment of the State cost of 1.2% increase in the employer contribution rate in the State Employees Health Insurance Plan and a .75% increase for the Teachers Plan to be effective July 1, 1983. The Office of Planning and Budget is authorized and directed to transfer funds from this Section to appropriate budget units for the purpose of making such payments. Section 49. Cost-of-Living Increases. In addition to all other appropriations for the State fiscal year ending June 30, 1984, there is hereby appropriated $80,800,000 for the purposes described herein: 1) For a 5% increase on the current salary schedule for teachers, public librari ans and other instructional and support personnel, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after completion of one year of experience and permanent certification, effective the following month, effective September 1, 1983; 2) For certificated personnel having 16 or more years creditable service the addition of a 16th year on the teacher salary schedule as a longevity increment based on the existing indexing fac tors being extended one step for each certificate on the present teacher salary schedule, effective September 1, 1983; 3) For school bus drivers, a 5% salary increase, ef fective July 1, 1983; 4) For university system employees, a 5% salary increase, to be effective September 1, 1983 for academic contracted personnel; 5) A 5% salary in crease, effective July 1, 1983, for non-academic person nel, and fiscal year contracted personnel of the university system and employees of the Athens and Tifton Veteri nary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Stations. This General Assem bly has distributed to and included in the agency appro priations listed hereinbefore State funds in the amount of $34,200,000 for the purpose of providing an increase of 4% with a minimum of $400 per annum for full-time em ployees of the executive, judicial and legislative branches of government, effective July 1, 1983, and an increase of 4% for State officials whose salary is set by Act 755 (H. B. 262) of the 1978 Regular Session of the Georgia Gen eral Assembly, as authorized in said Act as amended, Code Section 45-7-4, and for secretaries for whom sala ries are set by Act 279 (H. B. 360) of the 1977 Regular Session of the Georgia General Assembly, Code Sections 15-6-25 and 15-18-17, effective July 1, 1983. Section 50. In addition to all other appropriations for the State fiscal year ending June 30, 1984 there is hereby appropriated $2,800,000 for the purpose of pro viding funds for the operation of regional farmers' mar kets in the Department of Agriculture, and there is 2612 JOURNAL OF THE SENATE hereby appropriated $6,571,795 for the purpose of pro viding operating funds for the State physical health labo ratories ($175,000 - Budget Unit "A") and for State mental health/mental retardation institutions ($6,396,795 - 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 appropriate departmental budgets on a quarterly basis in amounts equal to those of depart mental remittances to the Fiscal Division of the Depart ment of Administrative Services from agency fund collec tions. Section 51. It is the intent of this General Assembly that appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt-sink ing funds, and that no funds be withdrawn from debtsinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sink ing fund. Section 52. 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 to be appropriate to control the utilization of such equipment. It is the further intent of this General Assembly that each State agency implement procedures to control usage of long-distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor. Section 53. 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 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- THURSDAY, MARCH 3, 1983 2613 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 54. 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 55. 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 56. No State appropriations authorized under this Act shall be used to continue programs cur rently funded by 100% Federal funds. Section 57. 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 58. 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- 2614 JOURNAL OF THE SENATE 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 59. 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 the fiscal year to which this appropriations Act applies, and provided, further, that no funds whatso ever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fis cal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appro priations Committees of the Senate and House of Repre sentatives of all instances revealed in his audit in which the expenditures by object class of any department, bu reau, 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. Section 60. Wherever in this Act the term "Budget Unit Object Classes" is used, it shall mean that the ob- THURSDAY, MARCH 3, 1983 2615 ject classification following such term shall apply to the total expenditures within the Budget Unit, and shall su persede the object classification shown in the Governor's Budget Report. Section 61. It is the intent of the General Assembly that for the purposes of this Act, (1) Authorized motor vehicles are defined as se dans, 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 62. 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 63. TOTAL STATE FUND APPROPRIA TIONS State F.Y. 1984...................... $ 4,018,000,000. Section 64. This Act shall become effective upon its approval by the Governor or upon its becoming law with out his approval. Section 65. All laws and parts of laws in conflict with this Act are hereby repealed. Senator Holloway of the 12th moved that the Senate adopt the Conference Com mittee report on HB 163. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond Bowen Brantley 2616 JOURNAL OF THE SENATE 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 Pecvy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Walker Voting in the negative was Senator Tysinger. Not voting was Senator Brannon. On the motion, the yeas were 54, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HB 163. The following report of the Committee on Enrolling and Journals was read by the Secretary: Mr. President: The Committee on Enrolling and Journals has read and examined the following Senate bill and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor: SB 219. Respectfully submitted, /s/ Ed Barker, Chairman Senator, District 18 Serving as doctor of the day today was Dr. Gordon Davis of Sylvester, Georgia. Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed. At 7:40 o'clock P.M., the President announced the Senate adjourned until 9:00 A.M. o'clock tomorrow. FRIDAY, MARCH 4, 1983 2617 Senate Chamber, Atlanta, Georgia Friday, March 4, 1983 Fortieth Legislative Day The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President. Senator 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 agreed to the senate substitutes to the following bills of the House: 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 IS 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 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 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. 2618 JOURNAL OF THE SENATE 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. 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 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 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. The House has adopted the report of the Committee of Conference on the follow ing bill 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. The House has adopted the report of the Committee of Conference on the follow ing bill of the Senate: 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. FRIDAY, MARCH 4, 1983 2619 The House has agreed to the Senate amendments to the following bills of the House: 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 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 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. The House has passed by the requisite constitutional majority the following bills 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. 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. The House has adopted by the requisite constitutional majority the following reso lution 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. 2620 JOURNAL OF THE SENATE The House recedes from its position in disagreeing to amendment number one to the following bill of the House: 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. The House recedes from its position in substituting the following bill of the Senate: 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. The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House: HB 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. The Speaker has appointed on the part of the House: Representatives Couch of the 40th, Sizemore of the 136th and Aaron of the 56th. The House insists on its amendment to the Senate substitute to the following bill of the House: 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. FRIDAY, MARCH 4, 1983 2621 The House has disagreed to the Senate amendment to the following bill of the House: 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. The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate: 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 121. By Senators Greene of the 26th, Lester 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 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. The following resolution of the Senate was introduced, read the first time and referred to committee: SR 228. By Senators Coverdell of the 40th and Stumbaugh of the 55th: A resolution requesting the Senate Human Resources Committee to conduct a study relative to an intermediate care program for troubled children. Referred to Committee on Human Resources. 2622 JOURNAL OF THE SENATE The following report of a standing committee was 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 847. HB 848. HB 849. HB 850. HB 851. Do pass. Do pass. Do pass. Do pass. Do pass. HB 852. HB 853. HB 857. HB 858. HB 862. Do pass. Do pass. Do pass. Do pass. Do pass. Respectfully submitted, Senator Scott of the 43rd District, Chairman The following bills of the House were read the second time: HB 847. By Represenative Mullinax of the 81st: A bill to amend an Act creating a Small Claims Court of Troup County, so as to change the salary of the judge. HB 848. By Representative Mullinax of the 81st: A bill to amend an Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County), so as to change the com pensation of the judge and solicitor. HB 849. By Representative Mullinax of the 81st: A bill to amend an Act providing compensation for specified officers in Troup County, so as to change the salary of the sheriff, clerk of the superior court, tax commissioner, and judge of the probate court. HB 850. By Representative Mullinax of the 81st: A bill to amend an Act to change the compensation of the coroner of Troup County, so as to change the salary of the coroner. HB 851. By Representatives Athon, Alford and Mangum of the 57th: A bill to provide a homestead exemption from all ad valorem taxation by the City of Conyers for residents who are 62 years of age or over or who are totally disabled. FRIDAY, MARCH 4, 1983 2623 HB 852. By Representatives Dobbs of the 74th and Lambert of the 66th: A bill to amend an Act relating to the board of education of Newton County, so as to change the composition of the districts from which mem bers of the board are elected. HB 853. By Representatives Dobbs of the 74th and Lambert of the 66th: A bill to amend an Act creating a board of commissioners of Newton County, so as to change the composition of the districts from which mem bers of the board are elected. HB 857. By Representative Jackson of the 65th: A bill to amend an Act reincorporating the City of Loganville and creating a new charter for said city, so as to change the qualifications of the recorder. HB 858. By Representatives Byrd and Moody of the 153rd: A bill to amend an Act relating to the election of members of the board of education of Wayne County, so as to change the number of members of the board of education. HB 862. By Representative Coleman of the 118th: A bill to provide for an appointee school superintendent of the board of education of Dodge County; to provide for vacancies; to provide for a referendum. The following local, uncontested bills and resolution of the House, favorably re ported by the committee, were read the third time and put upon their passage: 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. The report 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. 2624 JOURNAL OF THE SENATE HB 388. By Representatives Connell of the 87th, Padgett of the 86th, Barnes of the 90th and others: 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 74. The report 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 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. The report 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 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. FRIDAY, MARCH 4, 1983 2625 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 courts. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 569. By Representative Connell of the 87th: 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 65 . . ., which amendment exempts from City of Au gusta ad valorem taxes certain capital improvements of commercial and business establishments. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. The report 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. 2626 JOURNAL OF THE SENATE HB 629. By Representative Bolster of the 30th: A bill to provide for urban enterprise zones in the City of Atlanta. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 662. By Representatives Barnes of the 90th and Padgett of the 86th: 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 (Res. Act 94), duly ratified at the 1958 General Election and proclaimed by the Governor to be a part of the Constitution of 1945. The report 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 663. By Representatives Barnes of the 90th and Padgett of the 86th: A bill to amend Code Section 48-5-149 of the Official Code of Georgia An notated, relating to rate of interest and penalty on delinquent taxes in cer tain counties, so as to change certain population brackets and the census year upon which the brackets are based. The report 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 665. By Representatives Barnes of the 90th and Padgett of the 86th: 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 (Res. Act 605), duly ratified at the 1952 General Election and proclaimed by the Governor to be a part of the Constitution of 1945, and FRIDAY, MARCH 4, 1983 2627 subsequently made a part of the Constitution of 1976, which amendment authorized a combined Board of Health for the City of Augusta and Rich mond County. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 666. By Representatives Barnes of the 90th and Padgett of the 86th: A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials; to provide for the payment of such compensation. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 687. By Representative Darden of the 20th: A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to change the compensation of said judge. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 689. By Representative Darden of the 20th: A bill to amend an Act creating a new charter for the City of Marietta in Ccbb County, so as to grant to the mayor a veto power. The report of the committee, which was favorable to the passage of the bill, was agreed to. 2628 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 692. By Representative Darden of the 20th: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk of the court; to change the compensa tion of the chief deputy clerk. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 693. By Representative Darden of the 20th: A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change compensation of the clerk of the Probate Court of Cobb County. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 694. By Representative Darden of the 20th: A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County, from the fee system to the salary system, so as to change the provisions relating to the compensation of the clerk of the superior court and the dep uty 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. FRIDAY, MARCH 4, 1983 2629 The bill, having received the requisite constitutional majority, was passed. HB 695. By Representatives Darden and Thompson of the 20th: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 697. By Representative Darden of the 20th: A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge of the probate court. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 712. By Representatives Thomas of the 69th and Johnson of the 70th: A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the judge and solicitor. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. 2630 JOURNAL OF THE SENATE 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. The report 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 784. By Representative Selman of the 32nd: A bill to amend an Act providing a new charter for the City of Palmetto, so as to annex into the city limits of the City of Palmetto that property gener ally located northeast of the present city limits and lying between Roosevelt Highway and the northern land lot line of Land Lot 124 to the east. The report 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 806. By Representatives Isakson, Atkins and Johnson of the 21st and others: A bill to amend an Act entitled "An Act to amend an Act creating the State Court of Cobb County (formerly the Civil and Criminal Court of Cobb County)", so as to create an office of magistrate. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. FRIDAY, MARCH 4, 1983 2631 HB 825. By Representatives Randall of the 101st, Lucas of the 102nd, Pinkston of the 100th and Groover of the 99th: A bill to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, so as to change the composition of the Educa tion Districts from which 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. HB 834. By Representatives Jones of the 78th and Dunn of the 73rd: A bill to amend an Act creating a new charter for the City of Locust Grove, so as to change provisions relating to officers of the city dealing with the city. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 837. By Representatives Colwell and Twiggs of the 4th: A bill to create the Bald Mountain Water and Sewer Authority. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 838. By Representatives Lane of the lllth and God bee of the 110th: A bill to amend an Act creating a new charter for the City of Statesboro, so as to change the maximum amount of fines which may be imposed by the court. 2632 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 841. By Representative Ross of the 82nd: A bill to amend an Act amending, revising, consolidating, and superseding the Act incorporating the Town of Norwood, so as to change the term of the mayor and councilmen of said town and provide for biennial elections therefor. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 843. By Representative Darden of the 20th: A bill to amend an Act creating the board of commissioners of Cobb County, so as to authorize the board to delay until October 1, 1983, the effective date of any salary increase provided for by an Act of the 1983 General Assembly which is to be paid from county funds. The report 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 690. By Representative Darden of the 20th: A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation provisions relating to the sheriff, the chief deputy sheriff, the deputy sheriffs, and the chief investigator. The report of the committee, which was favorable to the passage of the bill, was agreed to. FRIDAY, MARCH 4, 1983 2633 On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 807. By Representatives Pinkston of the 100th, Groover of the 99th and Home of the 103rd: A bill to authorize the creation of an intergovernmental relations study com mission by the governing authorities of Bibb County and the City of Macon. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 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. The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 360: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions applicable to the ad valorem taxation of property, so as to provide additional requirements rela tive to the preferential assessment of property which is devoted to bona fide agricultural purposes 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; 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. Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions applicable to the ad valorem taxation of property, is amended by adding immediately following Code Section 48-5-7.1, relating to the preferential assessment of property 2634 JOURNAL OF THE SENATE which is devoted to bona fide agricultural purposes, a new Code Section 485-7.2 to read as follows: "48-5-7.2. (a) This Code section shall be applicable only to those 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. (b) In addition to the requirements set forth in Code Section 48-57.1, in counties in which this Code section is applicable, the following requirements shall apply to the preferential assessment of property pro vided for in said Code Section 48-5-7.1: (1) Except for that property devoted to the production of timber for bona fide commercial purposes, no property shall qualify for preferential assessment unless the owner demonstrates that sales of farm products derived from the farming operations conducted on the land so assessed have resulted in gross sales of at least $100.00 per acre from the farming operations in at least three of the preceding five years. Proof of such sales shall be required at the time of initial application for the preferential assessment. In years subsequent to the initial application for preferential assessment for those lands devoted to the production of agricultural prod ucts, the owner shall file an annual affidavit with the taxing authority which affirms that the lands so assessed continue to meet the require ments set forth above. In no event shall property qualify for said prefer ential assessment unless the property consists of at least 100 acres of continuous lands devoted to bona fide agricultural purposes; (2) For those lands devoted to the production of timber for bona fide commercial purposes, the owner at the time of initial application for preferential assessment shall file an affidavit with the taxing authority which affirms that his lands are used for bona fide commercial timber production. In years subsequent to the initial application for preferential assessment for those lands devoted to the production of timber, the owner shall file an annual affidavit with the taxing authority which affirms that the lands so assessed remain in good faith commercial production of tim ber. In no event shall property qualify for preferential assessment unless the property consists of at least 250 acres of contiguous lands devoted to bona fide agricultural purposes; and (3) In no event shall any land qualify for preferential assessment if said land is zoned for commercial, industrial, or residential development on lots of 20,000 square feet or less. (c) In the event any property subject to this Code section ceases to be classified as property used for bona fide agricultural purposes, the owner at that time shall be deemed responsible for the following penalty which shall be imposed: the difference between the property tax paid as land devoted to bona fide agricultural purposes and the amount of the property tax otherwise due and payable for the seven years last past had the land not been so classified, plus interest upon the amounts of such additional tax paid at the prime rate of interest, plus 4 percent as existed for each year in which the preferential assessment was granted." Section 2. This Act shall become effective upon its approval by the FRIDAY, MARCH 4, 1983 2635 Governor or upon its becoming law without his approval and shall apply to all tax years beginning on or after January 1, 1984. 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. 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. The Senate Committee on Federal, State and Community Affairs offered the fol lowing amendment: Amend HB 480 by adding between the word "any" and the word "presently" on line 16 of Page 1 the following: "judge of the Civil Court of Bibb County who was in office on Janu ary 1, 1983, or any". By striking Section 2 on Page 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: "Section 2. Nothing contained in this Act shall be deemed to af fect the status, retirement pay, or compensation of any judge of the Civil Court of Bibb County who was in office on January 1, 1983, or any pres ently retired or emeritus judge of the Civil Court of Bibb County." On the adoption of the amendment, the yeas were 52, nays 0, and the amendment was adopted. 2636 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed amended. 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. The Senate Committee on Federal, State and Community Affairs offered the fol lowing amendment: Amend HB 481 by adding between the word "any" and the word "presently" on line 19 of Page 1 the following: "judge of the Civil Court of Bibb County who was in office on Janu ary 1, 1983, or any". By striking Section 2 on Page 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: "Section 2. Nothing contained in this Act shall be deemed to af fect any judge of the Civil Court of Bibb County who was in office on January 1, 1983, or any emeritus or retired judge of the Civil Court of Bibb County so as to affect either his status or his retirement pay or compensation provided by the Act repealed in Section 1 of this Act." 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 as amended, was agreed to. On the passage of the bill, the yeas were 52, nays 0. FRIDAY, MARCH 4, 1983 2637 The bill, having received the requisite constitutional majority, was passed as amended. 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. The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 534: A BILL TO BE ENTITLED AN ACT 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 board as the commission-council of Richmond County and the City of Au gusta; to designate the members of the board as commissioners-councilmen; to provide for the election of the members of the commission-council; to provide for commission-council districts; to provide for qualifications of com missioners-councilmen; to define the term "House District"; to provide for the election of the members of the commission-council by a majority vote of the voters voting within each respective commission-council district; to pro vide for the terms of office of certain members of the board of commission ers of Richmond County for the period beginning January 1, 1985, and end ing December 31, 1986; to provide that no election shall be conducted in 1986 or thereafter to elect members of the board of commissioners of Rich mond County; to provide for the terms of office of members of the City Council of Augusta for the periods beginning January 1, 1985, and January 1, 1986, and ending December 31, 1986; to provide that no election shall be conducted in 1986 or thereafter to elect members of the City Council of Augusta; to provide that the mayor of Augusta elected at the regular munic ipal election in 1984 shall serve for a term of office beginning January 1, 1985, and ending December 31, 1987; to provide that no election shall be conducted in 1986 or thereafter to elect a mayor of the City of Augusta; to provide for the election of a chairman of the commission-council who shall serve until a mayor-chairman is elected; to create the office of mayor-chair man of the commission-council; to provide for the election and term of office of the mayor-chairman; to provide that the mayor-chairman shall be the chief executive officer of Richmond County and the City of Augusta; to pro vide for the executive and administrative powers and duties of the mayorchairman; to provide for filling vacancies in the office of commissioner-coun cilman; to provide for filling a vacancy in the office of mayor-chairman; to provide for a quorum; to provide for the payment of bonded indebtedness of the City of Augusta and Richmond County; to continue in full force and effect certain Acts of the General Assembly except as modified by this Act; to provide that the commission-council shall constitute the governing author ity of both Richmond County and the City of Augusta; to create an Urban 2638 JOURNAL OF THE SENATE Services District and a Suburban Services District; to provide that such dis tricts shall continue in existence until the commission-council modifies or abolishes such districts by ordinance; to provide for the continuation of ex isting ordinances and resolutions of the board of commissioners of Rich mond County; to provide for the continuation of existing ordinances and resolutions of the City Council of Augusta; to provide for a budget and tax levy by the board of commissioners of Richmond County and the City Council of Augusta for calendar year 1987; to provide that tax assessments made by the board of tax assessors of Richmond County and the City of Augusta shall constitute the basis for the assessment and collection of taxes of the commission-council for calendar year 1987; to provide that the 1987 tax levy for the City of Augusta shall be levied by the commission-council only within the Urban Services District; to provide for amendments to the budget for calendar year 1987; to provide for that any special services dis trict existing in Richmond County or the City of Augusta in 1986 shall continue to exist until modified or abolished by the commission-council; to provide for the retention of pension rights; to provide that this Act shall not result with and shall not be implemented to result with the termination of any employees of Richmond County or the City of Augusta; to provide that the sheriff of Richmond County shall be the chief law enforcement officer of the commission-council; to provide for equal opportunities for employment and promotion to all persons regardless of race, sex, religion, creed, color, or national origin; to create a transition task force; to provide for the duties and responsibilities of the transition task force; to provide for cooperation of all officers, officials, and employees of Richmond County and the City of Augusta with the transition task force; to provide for the examination of all records, files, and other data of Richmond County and the City of Augusta by the transition task force; to provide that the transition task force shall be authorized to receive and expend appropriations from the board of commis sioners of Richmond County and from the mayor and City Council of Au gusta; to provide that members of the transition task force shall receive no compensation for their services as such members; to provide for construction of certain Acts; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The governing authority of Richmond County shall be a board of commissioners of said county consisting of nine members. In addi tion to exercising the rights, powers, and duties of Richmond County as the governing authority of said county, the board shall also exercise the rights, powers, and duties of the City of Augusta as the governing authority of said city. Said board is designated the Commission-Council of Richmond County and the City of Augusta, hereinafter referred to as the commission-council, and the members of said board are designated as commissioners-councilmen. The commission-council shall be elected as provided in Section 2 of this Act and shall become the governing authority of Richmond County and the City of Augusta on January 1, 1987. Section 2. (a) For the purpose of electing members of the commis sion-council, Richmond County is divided into nine commission-council dis tricts as follows: FRIDAY, MARCH 4, 1983 2639 Commission-Council District 1 - That portion of Richmond County lying within House District 85. Commission-Council District 2 - That portion of Richmond County lying within House District 86. Commission-Council District 3 - That portion of Richmond County lying within House District 87. Commission-Council District 4 - That portion of Richmond County lying within House District 88. Commission-Council District 5 - That portion of Richmond County lying within House District 89. Commission-Council District 6 - That portion of Richmond County lying within House District 90. Commission-Council District 7 - That portion of Richmond County lying within House Districts 85 and 88. Commission-Council District 8 - That portion of Richmond County lying within House Districts 86 and 89. Commission-Council District 9 - That portion of Richmond County lying within House Districts 87 and 90. (b) No person shall be eligible to serve as a commissioner-council man unless he or she: (1) has been a resident of the commission-council district from which elected for a period of one year immediately prior to the date of the election; (2) continues to reside within the commissioncouncil district from which elected during his or her term of office; (3) is a registered and qualified elector of Richmond County; and (4) meets the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. (c) As used in subsection (a) of this section, "House District" means representative districts of the Georgia House of Representatives specified in Code Section 28-2-1 of the O.C.G.A., as such Code section existed on July 1, 1983. Section 3. (a) At the general election conducted in November of 1986, nine members of the commission-council shall be elected. The mem bers of the commission-council elected to represent commission-council dis tricts 1, 3, 5, 7, and 9 shall be elected for terms of office of four years each beginning on January 1, 1987, and until their successors are elected and qualified. The members of the commission-council elected to represent com mission-council districts 2, 4, 6, and 8 shall be elected for initial terms of office of two years each beginning on January 1, 1987, and until their suc cessors are elected and qualified. Thereafter, successors to members of the commission-council shall be elected at the general election immediately pre ceding the expiration of their respective terms of office and shall take office on the first day of January immediately following their election for terms of office of four years each and until their successors are elected and qualified. 2640 JOURNAL OF THE SENATE (b) Each member of the commission-council shall be elected by a ma jority of the voters voting within each respective commission-council district. All members of the commission-council shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code." (c) The members of the board of commissioners of Richmond County who are elected at the general election in 1984 pursuant to an Act creating a board of commissioners for the County of Richmond, approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, shall each serve for a term of office beginning January 1, 1985, and ending December 31, 1986. No election shall be conducted in 1986 or thereafter pursuant to said Act to elect mem bers of the board of commissioners of Richmond County, and effective Janu ary 1, 1987, the board of commissioners of Richmond County heretofore existing pursuant to said Act shall stand abolished. (d) The members of the City Council of Augusta who are elected at the regular municipal elections in 1984 pursuant to an Act chartering the City of Augusta as the "City Council of Augusta," approved January 31, 1798 (Marbury's Digest, p. 136), as amended, shall each serve for a term of office beginning January 1, 1986, and ending December 31, 1986. No election shall be conducted in 1986 or thereafter pursuant to said Act to elect mem bers of the City Council of Augusta, and effective January 1, 1987, the city council of the City of Augusta heretofore existing pursuant to said Act shall stand abolished. Section 4. (a) The mayor of the City of Augusta elected at the regu lar municipal election in 1984 shall serve for a term of office beginning Jan uary 1, 1985, and ending December 31, 1987. For the period beginning on January 1, 1987, and ending on December 31, 1987, the mayor of the City of Augusta shall continue to serve in that capacity. No election shall be conducted in 1986 or thereafter pursuant to an Act chartering the City of Augusta as the "City Council of Augusta," approved January 31, 1798 (Marbury's Digest, p. 136), as amended, to elect a mayor of the City of Augusta, and effective January 1, 1988, the office of mayor heretofore ex isting pursuant to said Act shall stand abolished. (b) At the first regular meeting of the commission-council held in Janu ary, 1987, the commission-council shall elect from among its members a chairman who shall serve until a mayor-chairman is elected as provided in Section 5 of this Act. The chairman shall be elected by majority vote of the full membership of the commission-council. Section 5. (a) There is created the office of mayor-chairman of the commission-council. Said officer shall serve as the mayor of the City of Au gusta and as chairman of the board of commissioners of Richmond County. The mayor-chairman shall be elected from among the membership of the commission-council by a majority vote of the full membership of the com mission-council as hereinafter provided in this section. The mayor-chairman shall be a full voting member of the commission-council. (b) The first mayor-chairman shall be elected at the first regular meet ing of the commission-council held in January, 1988. The mayor-chairman so elected shall serve until a successor is elected at the first regular meeting FRIDAY, MARCH 4, 1983 2641 of the commission-council which is held in January, 1989. Beginning with the mayor-chairman elected in January, 1989, the mayor-chairman shall serve for a term of office of two years and until a successor is elected at the first regular meeting of the commission-council which is held in January of each odd-numbered year. Section 6. The mayor-chairman who is elected at the first regular meeting of the commission-council held in January, 1988, and successors in that office shall be the chief executive officer of Richmond County and the City of Augusta. The mayor-chairman shall possess and exercise the follow ing executive and administrative powers and duties: (1) To preside at all meetings of the commission-council; (2) To serve as the official head of Richmond County and the City of Augusta for the service of process and for ceremonial purposes; (3) To administer oaths and to take affidavits; (4) To sign all written contracts entered into by the commissioncouncil on behalf of Richmond County and the City of Augusta and all other contracts and instruments executed by the county and city which by law are required to be in writing; (5) To ensure that all laws, ordinances, and resolutions of Richmond County and the City of Augusta are faithfully executed; and (6) To exercise such other powers and perform such other duties as may be required by ordinance or resolution of the commission-council. Section 7. (a) A vacancy which occurs in the membership of the com mission-council by death, resignation, removal from the commission-council district, or for any other reason shall be filled by the remaining members of the commission-council appointing a qualified person to serve for the unexpired term, unless the unexpired term exceeds 28 calendar months, in which event, the commission-council shall appoint a qualified person to serve until a successor is elected to serve for the unexpired term as hereinafter provided. When the unexpired term exceeds 28 calendar months, a special election shall be held on the same date as the next succeeding general elec tion to elect a successor for the unexpired term. Any such special election shall be called, held, and conducted in accordance with the applicable provi sions of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Elec tion Code." (b) No person shall fill a vacancy for an unexpired term by appoint ment of the commission-council unless that person receives a majority of the votes of the full commission-council. (c) In the event the office of commissioner-councilman who serves as mayor-chairman becomes vacant for any reason, the commission-council shall elect from its own membership a successor to serve for the unexpired term. The election to fill such vacancy shall be by the affirmative vote of at least five members of the commission-council. The vacancy in the office of the commissioner-councilman who was serving as mayor-chairman shall be filled as provided in this section. 2642 JOURNAL OF THE SENATE Section 8. Five members of the commission-council shall constitute a quorum for the transaction of ordinary business, but the affirmative vote of at least five members shall be required for the commission-council to take official action. Official action of the commission-council shall be entered upon its minutes. Any member of the commission-council shall have the right to request a roll-call vote. Section 9. (a) The bonded indebtedness of the City of Augusta which is outstanding on January 1, 1987, shall become the debt and obligation of a special tax district which shall correspond to and be conterminous with the corporate limits of the City of Augusta as said corporate limits existed on December 31, 1986. The ad valorem taxes imposed by the City of Augusta prior to January 1, 1987, to retire such bonded indebtedness shall continue to be imposed by the commission-council within the special tax district in the same manner and to the same extent that such ad valorem taxes were heretofore imposed by the City of Augusta in accordance with the terms of the obligations of such bonded indebtedness. The commission-council, as the governing authority of the City of Augusta, shall be the successor to the heretofore existing governing authority of the City of Augusta for all pur poses relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders. (b) The bonded indebtedness of Richmond County outstanding on Jan uary 1, 1987, shall not be affected by this Act, and the commission-council, as the governing authority of Richmond County, shall become the successor to the heretofore existing governing authority of Richmond County for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders. Section 10. (a) The following Acts of the General Assembly of Geor gia are continued in full force and effect except as modified by the provi sions of Sections 1, 2, 3, and 4 of this Act: (1) An Act creating a board of commissioners for the County of Richmond, approved August 19, 1907 (Ga. L. 1907, p. 324), as amended. (2) An Act chartering the City of Augusta as the "City Council of Augusta," approved January 31, 1798 (Marbury's Digest, p. 136), as amended. (b) The commission-council shall constitute the governing authority of both Richmond County and the City of Augusta for all purposes under the Acts continued in force and effect by subsection (a) of this section. The commission-council shall exercise and be subject to all of the rights, powers, duties, and obligations heretofore or hereafter applicable to the governing authorities of Richmond County and the City of Augusta by the Acts con tinued in force and effect by subsection (a) of this section and by any gen eral laws, local laws, or constitutional provisions applicable to or effective within Richmond County and the City of Augusta. Section 11. (a) There is created an Urban Services District which shall correspond to and be conterminous with the corporate limits of the City of Augusta as said corporate limits existed on December 31, 1986. FRIDAY, MARCH 4, 1983 2643 (b) There is created a Suburban Services District which shall corre spond to and be conterminous with the unincorporated area of Richmond County as the unincorporated area of Richmond County existed on Decem ber 31, 1986. In addition, the Suburban Services District shall also include the territory embraced within the corporate limits of Hephzibah and the corporate limits of Blythe, exclusive of any territory in Burke County lying and being in the Town of Blythe, as said corporate limits existed on Decem ber 31, 1986. (c) The Urban Services District and the Suburban Services District created by this section shall continue in existence until the commissioncouncil modifies or abolishes such districts by ordinance duly adopted by the commission-council. Section 12. (a) Existing ordinances and resolutions of the board of commissioners of Richmond County and existing rules and regulations of departments or agencies thereof not inconsistent with the provisions of this Act shall continue to be effective as ordinances and resolutions of the com mission-council and as rules and regulations of the appropriate department or agency thereof until they are modified or repealed. (b) Existing ordinances and resolutions of the board of commissioners of Richmond County and existing rules and regulations of departments and agencies of Richmond County which, by their terms or by their operation, were applicable prior to January 1, 1987, throughout the territorial limits of Richmond County shall continue to be effective throughout the territorial limits of Richmond County until such time as the commission-council, by resolution or ordinance, modifies or repeals such ordinances, resolutions, or regulations. (c) Existing ordinances and resolutions of the board of commissioners of Richmond County and existing rules and regulations of departments and agencies of Richmond County which, by their terms or by their operation, were applicable prior to January 1, 1987, only within the unincorporated area of Richmond County shall be effective only in the suburban services district described in subsection (b) of Section 11 of this Act until such time as the commission-council, by resolution or ordinance, modifies or repeals such ordinances, resolutions, rules, or regulations. (d) Existing ordinances and resolutions of the City Council of Augusta which are not inconsistent with the provisions of this Act shall continue to be effective as ordinances and resolutions of the commission-council until they are modified or repealed. (e) Existing ordinances and resolutions of the City Council of Augusta and existing rules and regulations of departments and agencies of the City of Augusta shall be applicable only within the urban services district de scribed in subsection (a) of Section 11 of this Act until such time as the commission-council, by resolution or ordinance, modifies or repeals such or dinances, resolutions, rules, or regulations. Section 13. (a) The budget and tax levy of the board of commission ers of Richmond County and the City Council of Augusta, adopted for cal endar year 1987, shall serve as the budget and tax levy of the commissioncouncil for calendar year 1987. 2644 JOURNAL OF THE SENATE (b) The tax assessments made by the board of tax assessors of Rich mond County and the City of Augusta as of January 1, 1987, shall consti tute the basis for the assessment and collection of taxes of the commissioncouncil for calendar year 1987. (c) Amendments to the budget for calendar year 1987 provided by sub section (a) of this section may be made by resolution or ordinance duly adopted by the commission-council during calendar year 1987. (d) Any special services district existing in Richmond County or the City of Augusta in 1986 shall continue to exist until it is modified or abol ished by the commission-council. (e) In assessing ad valorem taxes, the commission-council shall assess within the Urban Services District such additional millage as the governing body shall determine, and which shall be imposed on account of governmen tal services available therein that are not furnished in the Suburban Services District. As the commission-council shall from time to time expand these governmental services to areas within the Suburban Services District, such areas shall be included in the Urban Services District and taxed accordingly. (f) For purposes of this section, governmental services shall include fire protection of a higher class, garbage pickup, city water and sewer services, and such other services as may be provided only in the Urban Services District. (g) The commission-council may further divide the Suburban Services District into special service districts wherever additional governmental ser vice or services are furnished but not to the extent as in the Urban Services District. Property within said special services districts shall be assessed with such additional ad valorem taxes as the commission-council may determine on account of said services. (h) It is the purpose of this section that property shall be subject to taxation in relation to services received or available. Section 14. (a) All employees and former employees of Richmond County and the City of Augusta and of every agency, instrumentality, com mission, or authority thereof shall retain those pension rights which had ac crued to them prior to January 1, 1987, under any pension plan adopted by law or by ordinance or resolution by the board of commissioners of Rich mond County or the mayor and City Council of Augusta. The commissioncouncil shall assume on January 1, 1987, all obligations arising under all such pension plans, but the assumption of such obligations by the commis sion-council shall not create any obligation on the part of the commissioncouncil or create any right which did not exist prior to January 1, 1987. (b) This Act shall not result with and shall not be implemented to re sult with the termination of employment of any employees of Richmond County or the City of Augusta or of any agency, instrumentality, commis sion, or authority thereof, but this limitation shall not create or be construed to create any right to continued employment or create any employment con tract which did not exist prior to January 1, 1987. FRIDAY, MARCH 4, 1983 2645 Section 15. The chief law enforcement officer of the commission-coun cil shall be the sheriff of Richmond County. Section 16. The commission-council shall afford equal opportunities for employment and promotion to all persons regardless of race, sex, reli gion, creed, color, or natural origin. No reorganization of the delivery of services shall be undertaken that results in reduced employment or employ ment opportunities for any minority group. Section 17. (a) After their election but prior to their taking office on January 1, 1987, the first commissioner-councilmen elected under Section 3 of this Act and the mayor of the City of Augusta shall constitute a transi tion task force for the purpose of planning and preparing for the assumption of governmental powers by the commission-council on January 1, 1987. The mayor of the City of Augusta shall serve as the chairman of the transition task force. The transition task force shall meet on the call of its chairman for the purpose of planning for and scheduling the initial organization of the government in accordance with the applicable provisions of this Act. (b) The transition task force shall be authorized to make such recom mendations as it deems appropriate for the assumption of governmental powers by the commission-council on January 1, 1987. The transition task force is specifically charged with the responsibility of developing proposed ordinances, including ordinances relating to the creation of special service tax districts, which should be considered for adoption by the commissioncouncil at its first regular meeting held in January, 1987, or at a regular meeting of the commission-council held as soon thereafter as practicable. (c) All officers, officials, and employees of Richmond County and the City of Augusta shall cooperate with and assist the transition task force. The transition task force shall be entitled to examine all records, files, and other data in the possession of Richmond County and the City of Augusta and all officers, officials, and employees and departments thereof. Richmond County and the City of Augusta shall, to the extent possible, provide work ing areas and facilities for the transition task force. (d) The transition task force shall be authorized to receive and expend appropriations from the board of commissioners of Richmond County and from the mayor and City Council of Augusta for the purpose of carrying out its duties, but members of the transition task force shall receive no compen sation for their services as such members. Section 18. Nothing contained in this Act shall be construed so as to amend, modify, or repeal an Act incorporating the Town of Blythe, Georgia, approved August 3, 1920 (Ga. L. 1920, p. 748), or an Act creating a new charter for the City of Hephzibah, approved April 13, 1982 (Ga. L. 1982, p. 4801). Section 19. After the date of the approval of this Act by the Gover nor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Richmond County to issue the call for an election for the purpose of submitting this Act to the electors of Richmond County for ap proval or rejection. The superintendent shall set the date of such election for Tuesday, May 3, 1983. The superintendent shall issue the call for such elec tion at least 30 days but not more than 60 days prior to the date of the 2646 JOURNAL OF THE SENATE election. 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 Richmond County. The ballot shall have writ ten or printed thereon the words: "[ ] YES Shall the Act providing for a unified government for the City of Augusta and Richmond County be approved?" [ ] NO 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 Richmond 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 20. 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. 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. The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 570: A BILL TO BE ENTITLED AN ACT To amend an Act creating the State Court of Bibb County, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, so as to provide for FRIDAY, MARCH 4, 1983 2647 a warrant officer to serve said court and other appropriate courts in Bibb County; to provide for the selection, compensation, qualifications, and duties of the warrant officer; 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. An Act creating the State Court of Bibb County, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, is amended by ad ding a new Section 7.1 immediately after Section 7 to read as follows: "Section 7.1. There shall be a warrant officer of Bibb County who shall serve the State Court of Bibb County and other appropriate courts in Bibb County. The powers and duties of the warrant officer shall con sist of the hearing of applications for and the issuance of arrest warrants. The warrant officer provided herein shall issue peace warrants, felony warrants, and misdemeanor warrants returnable to the appropriate court in Bibb County. The warrant officer shall be appointed by and serve at the pleasure of the judge of the State Court of Bibb County. The com pensation of the warrant officer shall be fixed by the board of commis sioners of Bibb County and paid from funds of Bibb County. The war rant officer shall be qualified and trained in legal matters relevant to his duties but shall not be required to be an attorney." Section 2. 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. 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. 2648 JOURNAL OF THE SENATE The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 596: A BILL TO BE ENTITLED AN ACT To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3188), an Act approved April 11, 1979 (Ga. L. 1979, p. 3481), an Act approved January 19, 1981 (Ga. L. 1981, p. 4759), and an Act approved April 6, 1981 (Ga. L. 1981, p. 4196), so as to change the jurisdiction of said court; to change certain provisions relating to the docket of criminal cases known as the dead docket; to change the compensation of the judges and the solicitor of said court; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3188), an Act approved April 11, 1979 (Ga. L. 1979, p. 3481), an Act approved January 19, 1981 (Ga. L. 1981, p. 4759), and an Act approved April 6, 1981 (Ga. L. 1981, p. 4196), is amended by striking the first paragraph of Section 2 of said Act, which reads as follows: "The State Court of Cobb County shall have all the jurisdiction as to subject matter now exercised by justices of the peace and justice courts in Georgia throughout Cobb County. In addition thereto, said Court shall have jurisdiction to try and dispose of all civil and misde meanor cases regardless of their nature, except cases involving injury to the reputation, concurrent with the superior courts, including but not limited to cases of injury to the person, in which cases the Court shall have civil jurisdiction unlimited in amount, and including not only suits as are commenced by petition and process or summons, but also all other kinds of suits or proceedings which are now or may hereafter be in use in the superior court of this county or justice courts, either under the com mon law or by statute, of which jurisdiction is not vested exclusively in other courts by the Constitution of the State of Georgia, and except ex traordinarily remedies as are defined in Chapters 64-101, 64-201, and 64-301 of the Code of Georgia of 1933, and habeas corpus proceedings, and the practice and procedure in cases involving three hundred ($300.00) dollars principle or less shall be and remain the same as that now in force in the justice courts of Georgia, except as otherwise herein provided, and the practice and procedure in cases involving over three hundred ($300.00) dollars shall be and remain the same as that now in force in the superior courts of Georgia, except as otherwise herein pro vided. Any case brought in the State Court of Cobb County over which such Court has jurisdiction, notwithstanding the provisions of this Sec tion, may be transferred to the Superior Court of Cobb County when justice requires and upon motion of either party.", and inserting in lieu thereof a new paragraph to read as follows: "The State Court of Cobb County shall have all the jurisdiction as FRIDAY, MARCH 4, 1983 2649 to subject matter now exercised by justices of the peace and justice courts in Georgia throughout Cobb County. In addition thereto, said Court shall have jurisdiction to try and dispose of all civil and misde meanor cases regardless of their nature, except cases involving injury to the reputation, concurrent with the superior courts, including but not limited to cases of injury to the person, in which cases the Court shall have civil jurisdiction unlimited in amount, and including not only suits as are commenced by petition and process or summons, but also all other kinds of suits or proceedings which are now or may hereafter be in use in the superior court of this county or justice courts, either under the com mon law or by statutes, of which jurisdiction is not vested exclusively in other courts by the Constitution of the State of Georgia, and except ex traordinary remedies as are defined in Articles 2, 3 and 4 of Chapter 6 of Title 9 of the Official Code of Georgia Annotated, and habeas corpus proceedings, and the practice and procedure in cases involving one thou sand ($1,000.00) dollars principal or less shall be and remain the same as that now in force in the justice courts of Georgia, except as otherwise herein provided, and the practice and procedure in cases involving over one thousand ($1,000.00) dollars shall be and remain the same as that now in force in the superior courts of Georgia, except as otherwise herein provided. Any case brought in the State Court of Cobb County over which such Court has jurisdiction, notwithstanding the provisions of this Section, may be transferred to the Superior Court of Cobb County when justice requires and upon motion of either party." Section 2. Said Act is further amended by striking from Section 38 the following: "Any provision of this section to the contrary notwithstanding, there is hereby created for the State Court of Cobb County a docket of crimi nal cases, to be known as the dead docket, to which cases shall be trans ferred at the discretion of the solicitor, and which shall only be called at his pleasure. When a case is thus transferred, all witnesses who may have been subpoenaed therein shall be released from further attendance until resubpoenaed.", so that when so amended Section 38 shall read as follows: "Section 38. The judges of the State Court of Cobb County, in transacting the business of said Court and in performing their duties and responsibilities, shall share, divide and allocate the work and duties to be performed by each judge. In the event of disagreement between said judges, the decision of a majority of the judges shall be controlling. The judges of the State Court of Cobb County shall have, and they are hereby clothed with, full powers, authority and discretion to determine, from time to time and term to term, the manner of calling the dockets and of fixing the calendars and order of business in said Court. They may assign the hearing of trials by jury for a term to one of said judges, and the hearing of all other matters not requiring a trial by a jury to any other judge, and they may rotate such order of business at the next term. Each of said judges may conduct trials by jury at the same time, or any of them may hear business in chambers and motions at the same time within said Court. They may provide, in all respects, for holding the State Court so as to facilitate the hearing and determination of all busi- 2650 JOURNAL OF THE SENATE ness of said Court pending at any time and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for and dis posing of the business of said Court, and making appointments as author ized by law where the judges of said Court cannot agree, the opinion of the majority of such judges shall control." Section 3. Said Act is further amended by striking from Section 23 the following: "The salary of the judges of the State Court of Cobb County shall be $38,709.00 per annum; provided, however, such salary shall be in creased by 8 percent to $41,806.00 per annum, effective January 1, 1982.", and inserting in lieu thereof the following: "The salary of the judges of the State Court of Cobb County shall be $44,315.00 per annum." Section 4. Said Act is further amended by striking paragraph (1) of subsection (b) of Section 27 which reads as follows: "(1) The compensation of the solicitor shall be $30,100.00 per an num, payable in equal monthly installments from the funds of Cobb County. Said compensation shall be increased by 8 percent effective Jan uary 1, 1982.", and inserting in lieu thereof a new paragraph (1) to read as follows: "(1) The compensation of the solicitor shall be $32,508.00 per an num; provided, however, such salary shall be increased to $41,806.00 per annum, effective April 1, 1983. Said compensation shall be payable in equal monthly installments from the funds of Cobb County." Section 5. 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. FRIDAY, MARCH 4, 1983 2651 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. The Senate Committee on Federal, State and Community Affairs offered the fol lowing amendment: Amend HB 658 as follows: By inserting in line 7 on Page 1 between the word and semicolon "gov ernments;" and the word "to" the following: "to vest the management, control, and administration of the countywide library system in the library board of trustees; to provide for a li brarian appointed by the board of trustees; to provide for other personnel;". By redesignating Sections 2 and 3 as Sections 3 and 4, respectively, and by adding a new Section 2 to read as follows: "Section 2. Said Act is further amended by adding at the end of Section 4 a new subsection (c) to read as follows: '(c) The library board of trustees provided for in this section shall be vested with the management, control, and administration of the countywide library system provided for in this Act. Said board of trustees shall have power to make reasonable rules and regulations for the operation of the county-wide library system and may establish branches and stations wherever deemed advisable and may carry on other forms of library ex tension service. Said board of trustees shall create the office of librarian and fix the term and compensation of said office, and said office shall be filled by a person with professional library training and experience who shall be appointed by the board of trustees. Notwithstanding the provi sions of Section 2 of this Act, the librarian shall not be subject to the civil service laws and regulations of Fulton County. Other employees of the board of trustees shall be subject to the civil service laws and regula tions of Fulton County as provided in Section 2 of this Act, but such employees shall be under the supervision and control of the board of trustees and the librarian as authorized by the board of trustees. The board of trustees shall have the power to contract within the limits of funds made available to it by appropriations or taxation by Fulton County and the City of Atlanta or by bequest or donation or from other sources; provided, however, appropriations shall be in accordance with county budgetary regulations.'" 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 as amended, was agreed to. 2652 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 715. By Representatives Thomas of the 69th, Johnson of the 70th and Shepard of the 71st: A bill to amend an Act creating the office of commissioner of Carroll County, so as to change the compensation of the commissioner of Carroll County. The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 715: A BILL TO BE ENTITLED AN ACT To create the office of commissioner of Carroll County; to provide that the newly created office shall be the successor to all the rights, powers, du ties, and obligations of the heretofore existing office of commissioner of Carroll County; to provide that the office of commissioner shall be subject to all constitutional and statutory provisions relating to boards of commissioners of counties; to provide for the election and term of office of the commis sioner; to provide for filling vacancies; to provide for an oath and bond; to provide for the compensation of the commissioner; to provide for meetings of the commissioner; to authorize the commissioner to appoint a clerk; to pro vide for purchasing procedures; to authorize the commissioner to appoint a superintendent of roads and bridges; to provide for audits; to provide for powers and duties of the commissioner; to authorize the commissioner to receive contributions; to provide for other matters relative to the foregoing; to repeal a specific Act of the General Assembly; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Office of commissioner of Carroll County created, (a) There is created in and for the County of Carroll the office of commissioner of Carroll County. The commissioner of Carroll County shall constitute the governing authority of said county, and he shall exercise the powers, duties, and responsibilities vested in said office. (b) The office of commissioner of Carroll County created by this Act shall be the successor to all the rights, powers, duties, and obligations of the heretofore existing office of commissioner of Carroll County and shall be subject to all constitutional and statutory provisions relating to boards of commissioners of counties. Section 2. Election and term of office of commissioner of Carroll County. The present commissioner of Carroll County shall continue to serve until December 31, 1984. An election for commissioner of Carroll County FRIDAY, MARCH 4, 1983 2653 shall be conducted in 1984 and every four years thereafter on the date of the general election, and said commissioner shall assume office on January 1 immediately succeeding the election and he shall hold office for four years and until his successor is elected and qualified. Section 3. Vacancies, (a) In the event of a vacancy in the office of commissioner of Carroll County for any reason other than expiration of a term of office, it shall be the duty of the judge of the Probate Court of Carroll County to issue the call for a special election, within five days after the occurrence of the vacancy, to fill said vacancy. The special election shall be conducted in accordance with the "Georgia Election Code," as now or hereafter amended. (b) The judge of the Probate Court of Carroll County shall exercise the powers, duties, and responsibilities of the commissioner of Carroll County until such time as a successor is elected to fill the office of commissioner of Carroll County. Section 4. Oath and bond. Before entering upon the discharge of his duties, the commissioner shall subscribe an oath before the judge of the Pro bate Court of Carroll County for the true and faithful performance of his duties and that he is not the holder of public funds unaccounted for. In addition, the commissioner shall further give a satisfactory surety bond ap proved by and payable to the judge of the Probate Court of Carroll County and filed in the office of the judge of the probate court, in the sum of $25,000.00, conditioned upon the faithful performance of the duties of his office. The cost of the bond shall be paid from the funds of Carroll County. Section 5. Compensation of commissioner. The commissioner of Carroll County shall be compensated in the amount of $35,000.00 per annum to be paid in equal monthly installments from the funds of Carroll County. The county shall furnish the commissioner with an appropriate automobile to be used by him in carrying out the official duties of his office. The cost of such automobile and the replacement cost thereof from time to time, as well as the costs necessary to maintain and operate such automobile, shall be paid from the funds of Carroll County. The commissioner shall be compen sated in the sum of $3,000.00 from the funds of Carroll County for expenses incurred by him in carrying out his official duties. Section 6. Meetings of commissioner. The commissioner of Carroll County shall hold at least one regular meeting each month, and the meeting shall be conducted on the first Tuesday of each month so that the public will be able and may appear before the commissioner for any purpose. The com missioner may conduct special meetings at any time. Section 7. Clerk. The commissioner of Carroll County is authorized to appoint a clerk who shall be covered under the civil service system of Carroll County. Any citizen of said county, other than the commissioner, shall be eligible to hold said office of clerk of said commissioner and shall receive a salary for his services to be fixed by said commissioner, which salary shall be paid in equal monthly installments. Said clerk before entering upon his duties shall give bond, with some responsible surety company authorized to do business in Georgia, as his surety, in the sum of $15,000.00, to be ap proved by said commissioner, the premium on said bond to be paid by the 2654 JOURNAL OF THE SENATE county, payable to the judge of the probate court of said county and his successors in office and conditioned upon the faithful performance of his duties as such clerk and to account for any and all funds, property, or effects which may come into his hands as such clerk or otherwise, which said bond shall be filed with the judge of the probate court of said county and recorded on his minutes and may be sued on in like manner as the bond of said commissioner. He shall keep minutes of all meetings of said commissioner, an inventory of all properties, and such books and records as may be re quired of him by said commissioner and do such other acts and things as may be required of him by law or by said commissioner. Section 8. Purchasing. The commissioner of Carroll County, either himself or his appointed agents, shall purchase all equipment, material, and supplies necessary for said county, of such kind and quality and in such quantities as may be needed, and, wherever practicable, purchases of all equipment, materials, and supplies shall be by competitive bids, which bids shall be kept on file in the office of the commissioner and subject to inspec tion by the grand jury or other interested citizens. Purchases shall be charged to Carroll County; and, before bills therefor are submitted to the commissioner for approval, they shall be audited and payment therefor rec ommended by the parties making such purchase. The commissioner shall pay approved bills. Section 9. Warden of county correctional institution. The commis sioner may, at his discretion and when he deems it necessary, appoint a warden of the county correctional institution. The warden shall devote his entire time to his duties as such warden and shall not engage in any other business. He shall receive such salary as may be fixed by the commissioner and shall hold his position under the civil service system of Carroll County. The warden shall have entire control of the prisoners sentenced to work upon the roads or works of said county by the proper authorities of the state assigned to the county by the proper authorities of the state and shall so employ them according to law and under such plans of working, building, repairing, and maintaining the public roads, bridges, and works of said county as may now or hereafter be adopted or enforced by law in said county. Section 10. Audits. The commissioner may have the books and ac counts of the tax commissioner, custodian of all county funds, sheriff, super intendent of schools, commissioner, and such other officers as may be neces sary audited annually by a certified public accountant of this state who shall be paid from county funds. Said audits shall be filed in the office of said commissioner of said county and shall at all times be subject to inspection by any citizen or taxpayer of said county. A summary of said audit shall be published in the official organ of Carroll County within 30 days after it shall have been completed. Section 11. Powers and duties of the commissioner, (a) The said com missioner shall have and he is vested with exclusive jurisdiction and control over the following, to wit: in directing, controlling, conveying, and caring for all the property of the county according to law; in levying taxes according to law; in establishing, altering, and abolishing public roads, private roads, pri vate ways, bridges, and ferries according to law; in establishing, abolishing, or changing election precincts and militia districts according to law; in ex amining the tax commissioner's books; in allowing the insolvent lists for said FRIDAY, MARCH 4, 1983 2655 county according to law; in settling all claims against the county; examining and auditing all claims and accounts of officers having the care, manage ment, keeping, collecting, or disbursement of money belonging to the county or appropriating for its use or benefit and bringing them to settlement; fre quently examining and auditing the books of all officers through whose hands any county funds must pass; he may require from all such officers, subject to an examination, such reports as may be necessary to keep such commissioner fully informed at all times of the financial condition of the county; in controlling, caring for, and managing the convicts of the county according to law; in making rules, regulations, and provisions for the support of the poor of the county according to law; in promoting and preserving the public health of the county, with authority to quarantine against contagious diseases and epidemics, according to law; in regulating and fixing license fees as may be provided by law; to sue and be sued in the name of Carroll County; to exercise the power of eminent domain in the manner described by law; and generally to have and exercise all powers and to exercise such other powers as are granted by law or as may be indispensable to the juris diction over county matters or county finance; in selecting and appointing all minor officers of the county whose election or appointment is not otherwise fixed by law, such as superintendent and guards and public work forces, janitor of the courthouse, county physician and health officer, tax assessors and county policemen, and other officers and guards as needed and author ized by law; and such commissioner shall have the authority to employ a competent attorney at law, resident of the county, as county attorney to advise the commissioner and represent the county in such matters as the commissioner may direct, who shall be paid such salary or compensation as the commissioner may direct, out of the regular funds of the county, with authority of said commissioner to fix his term of office or to discharge him at any time; in regulating peddling licenses according to law. (b) The commissioner is authorized to exercise all of the powers and authority heretofore vested by law in the judge of the probate court when sitting for county purposes, together with the powers and authority which may now exist or may hereafter be delegated by law to the governing au thority of the county, by whatever name designated. Section 12. Receipt of contributions. The commissioner may receive contributions for the improvement of the public roads or bridges of the county from persons who own property along the right of way, or from any other person or persons or from the state government or from the United States government or from any corporation or firm who may be interested in the improvement of the roads and bridges, and such contributions when re ceived shall be used for the improvement of the roads or bridges designated by the contributor. Section 13. Specific repealer. An Act creating the office of commis sioner of Carroll County, approved February 21, 1951 (Ga. L. 1951, p. 3310), as amended, is repealed in its entirety. Section 14. General repealer. All laws and parts of laws in conflict with this Act are repealed. 2656 JOURNAL OF THE SENATE 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. 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. Senator Holloway of the 12th offered the following substitute to HB 779: A BILL TO BE ENTITLED AN ACT To amend an Act creating the Small Claims Court of Dougherty County, approved March 24, 1976 (Ga. L. 1976, p. 3164), as amended, so as to comply with Article VI of the Constitution of the State of Georgia; to provide for the appointment, terms, qualifications, and compensation of a chief magistrate and magistrates; to provide for the filling of vacancies in the office of chief magistrate and magistrate; to provide that the sheriff of Dougherty County shall be constable of the magistrate court; to provide that the clerk of the Superior Court of Dougherty County shall be clerk of the magistrate court; to provide for recordkeeping, costs, and fees of the magis trate court; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Small Claims Court of Dougherty County, approved March 24, 1976 (Ga. L. 1976, p. 3164), as amended, is amended by striking Sections 1 through 24 of said Act and inserting in their place the following: "Section 1. The Small Claims Court of Dougherty County existing on June 30, 1983, shall be continued after such date as the Magistrate Court of Dougherty County, pursuant to Article 1 of Chapter 10 of Title 15 of the O.C.G.A. Section 2. The term of office of any person serving as judge of the Small Claims Court of Dougherty County immediately prior to July 1, 1983, shall expire upon that date. On and after July 1, 1983, there shall be three part-time magistrates to serve as judges of the Magistrate Court FRIDAY, MARCH 4, 1983 2657 of Dougherty County. These magistrates shall be appointed by the chief judge of the State Court of Dougherty County, who shall designate one of them to be chief magistrate. Section 3. Magistrates first appointed under Section 2 of this Act shall take office July 1, 1983, for an initial term which shall expire De cember 31, 1984, and upon the appointment and qualification of their respective successors. Thereafter magistrates shall be appointed to take office on January 1 for a term of two years and until their respective successors are appointed and qualified. Section 4. Vacancies in the office of magistrate shall be filled by appointment by the chief judge of the State Court of Dougherty County. Such appointments shall be for the remainder of the unexpired term of office and until the appointment and qualification of a successor. Section 5. The compensation of magistrates shall be determined by resolution of the county governing authority. Such compensation shall not be decreased during a magistrate's term of office. Section 6. In addition to other requirements of law, a magistrate shall have been an active member of the State Bar of Georgia for three years at the time of his appointment. Section 7. The clerk of the Superior Court of Dougherty County shall be clerk of the Magistrate Court of Dougherty County. Section 8. An accurate record of all costs, fees, forfeitures, and charges in the magistrate court shall be kept by the clerk of the court, and all costs, fees, and charges of every kind collected by any of the officers of the court shall be immediately turned over to the clerk of the court and entered at once by the clerk on his records. On or before the tenth day of each month, it shall be the duty of the clerk to furnish the county governing authority a complete, accurate, and sworn statement of all such costs, charges, fees, and collections and to pay over all of the moneys collected to which the county is entitled to the treasury of Dougherty County. Such moneys received from the clerk of court shall be held to the credit of the county and paid out on warrant of the county governing authority. Section 9. A docket for the magistrate court shall be maintained in which every proceeding and ruling had in each case shall be indicated. Section 10. Law library fees may be charged at the time of filing a case or at the time of assessing costs, according to such procedure and amounts as may be fixed by order of the chief judge of superior courts for the Dougherty Judicial Circuit. Section 11. The deposit of filing fees shall be established by court rule consistent with general law. Section 12. The sheriff of Dougherty County or his lawful deputies shall act as bailiff and constable for the Magistrate Court of Dougherty County. Such officers shall be subject to rule in said court as sheriffs are subject to rule in the superior courts. Such officers shall, in addition to 2658 JOURNAL OF THE SENATE the powers conferred on them as sheriffs, have any and all powers and duties provided by law for constables in magistrate courts of this state." Section 2. This Act shall become effective on July 1, 1983, upon the condition that House Bill 121 of the 1983 regular session of the General Assembly is passed into law. If House Bill 121 is not enacted into law on or before July 1, 1983, this Act shall be null and void. 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, was agreed to by substitute. On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 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. Senator Holloway of the 12th offered the following substitute to HB 780: A BILL TO BE ENTITLED AN ACT To amend an Act creating the State Court of Dougherty County, for merly known as the City Court of Albany, approved December 16, 1897 (Ga. L. 1897, p. 408), as amended, so as to provide for the continuation of the court; to provide for a full-time judge; to provide the compensation, term, and duties of the judge; to provide for a selection of a judge pro hac vice; to provide for a clerk, solicitor, bailiff, and constable for the court and the duties of such officers; to provide for jury selection and procedure; to provide for costs and fees; to provide for court terms; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of Dougherty County, for merly known as the City Court of Albany, approved December 16, 1897 FRIDAY, MARCH 4, 1983 2659 (Ga. L. 1897, p. 408), as amended, is amended by striking Sections 2 through 30 of said Act and inserting in their place the following: "Section 2. The State Court of Dougherty County, formerly known as the City Court of Albany, is continued as the State Court of Dougherty County on and after July 1, 1983. Section 3. There shall be one judge of the State Court of Dough erty County, such position to be a full-time judgeship. The judge in office on June 30, 1983, shall serve out his term of office which shall expire on January 1, 1985, and upon the election and qualification of a successor. That successor and all subsequent successors to the office of judge shall be elected at the general election immediately preceding the expiration of the term of the incumbent and shall take office on January 1 immediately following such election for the term provided by law and until the elec tion and qualification of a successor. Section 4. The judge of the state court shall receive an annual sal ary in the amount of $40,000.00. The governing authority of the county is authorized to supplement the salary thus fixed. Such salary and sup plement shall be paid in equal monthly installments from the funds of Dougherty County. Section 5. It shall be the duty of the judge of the state court to see that the officers of the court are diligent in the collection of costs, and to this end he shall call the issue docket of the court on some fixed day in each month and shall adopt such measures and rules as will ensure the payment of costs by the party or parties liable for the same. Section 6. It shall be the duty of the judge of the state court to have his office open during the usual business hours for five days of each week. Section 7. In the event the judge of the state court is unable or disqualified to preside in the court, then a judge pro hac vice may be selected by the parties to any cause pending in the court in the same manner as the parties might select a judge pro hac vice in the superior court. In the event the parties fail to select by agreement a judge pro hac vice, then the clerk of the State Court of Dougherty County, or in his absence the deputy clerk, shall select a judge pro hac vice in the same manner as provided by law for such cases in the superior courts. Section 8. The district attorney for the Dougherty Judicial Circuit shall serve as solicitor for the State Court of Dougherty County. Assis tant district attorneys of such circuit shall serve as assistant solicitors of the court. The district attorney may assign one or more assistant district attorneys to serve in his place as solicitor. Section 9. The clerk of the Superior Court of Dougherty County shall ex officio be clerk of the State Court of Dougherty County. In addi tion to his authority to appoint deputy clerks of the Superior Court of Dougherty County who would also be ex officio deputy clerks of the State Court of Dougherty County, he may appoint special deputy clerks whose authority as such shall be limited to performing the duties and exercising the powers of deputy clerks of the State Court of Dougherty County. The 2660 JOURNAL OF THE SENATE clerk of the State Court of Dougherty County and each of his deputy clerks shall make a bond with good security in the amount of $5,000.00 for the faithful discharge of their duties, which bonds shall be approved and recorded in the same manner as bonds of clerks of the superior courts are approved and recorded. Such deputy clerks shall hold office at the will of the clerk of the Superior Court of Dougherty County. The clerk and his deputies shall be subject to rule by the State Court of Dougherty County in the same manner as clerks are subject to rule in the superior court. The appointment of such deputy clerk or clerks shall be recorded in the office of the judge of the Probate Court of Dougherty County and such deputy clerk or clerks, before entering upon the dis charge of their duties, shall take before the judge of the probate court the same oath as is required of clerks of the superior courts and such oath shall likewise be recorded. The judge of the State Court of Dough erty County shall be ex officio clerk of the court and may perform all of the duties of clerk of the court. Whenever in this Act the clerk of the State Court of Dougherty County is authorized or required to perform any act or to do any thing, the clerk of the State Court of Dougherty County or his deputy or the judge of the court acting as ex officio clerk of the court shall be authorized to perform the functions of clerk. One dep uty clerk, to be designated by the clerk and approved by the judge, shall perform all such secretarial duties as may be required by the judge. Section 10. It shall be the duty of the clerk of the state court to keep all dockets, books, and records required of the court specifically by this Act and generally by the laws of this state; to make all reports and ac count for all costs, fines, and forfeitures as required specifically by this Act and by the laws of this state; to have a seal for the court; to issue, sign, and attach seals thereto when necessary, every order, rule, summons subpoena, writ, execution, process, or court paper under the authority of the court except criminal warrants; to attend all sessions of the court as required by the judge thereof, and generally to do and perform all duties as clerk of said court which clerks of the superior courts do, insofar as applicable to the State Court of Dougherty County or as required in this Act. Section 11. The clerk of the State Court of Dougherty County shall receive such salary as may be determined by the county governing authority. Section 12. An accurate record of all costs, fees, forfeitures, and charges in the state court shall be kept by the clerk of the court, and all costs, fees, and charges of every kind collected by any of the officers of the court shall be immediately turned over to the clerk of the court and entered at once by the clerk on his records. On or before the fifth day of each month it shall be the duty of the clerk to furnish the county gov erning authority a complete, accurate, and sworn statement of all such costs, charges, fees, fines, forfeitures, and collections and to pay over all of the moneys collected to the treasury of Dougherty County. Such mon eys received from the clerk of the court shall be held to the credit of the county and paid out on warrant of the county governing authority. Section 13. The sheriff of Dougherty County or his lawful deputies shall act as bailiff and constable in and for the state court and they shall FRIDAY, MARCH 4, 1983 2661 do and perform all duties incident to the offices of bailiff and constable. Before entering upon the duties of their offices, each shall take and sub scribe an oath to perform faithfully and diligently the duties thereof, and each shall have executed a bond in a sum not less than $1,000.00 for the faithful discharge of the duties of office as required under Code Section 36-8-3 of the O.C.G.A. and upon which they shall be liable for the dis charge of their duties as bailiffs and constables of the State Court of Dougherty County. Such officers shall be subject to rule in the court as sheriffs are subject to rule in the superior courts. Such officers shall, in addition to the powers conferred on them as sheriffs, have any and all powers and duties provided by law for constables in magistrate courts in this state. Section 14. (a) Except as provided in subsection (b) of this section, juries for the trial of civil and criminal cases by the state court shall be composed of six jurors. Except as otherwise provided in this section, the procedure for the summoning, drawing, impaneling, and selection of ju rors for the trial of cases shall be the same as is provided for the superior courts. The judge of the state court at each term shall have made up from the petit jurors two panels of six jurors each which shall be known and distinguished as panels 'number 1' and 'number 2.' The prosecuting attorney and the accused or the plaintiff and defendant may select either panel of the petit jury. If they shall not agree upon a panel, the clerk shall furnish the parties or their attorneys a list of both panels from which the parties or their attorneys may strike alternately until there shall be but six left which shall constitute the jury to try the case. In all civil cases the plaintiff shall have the first strike and in all criminal cases the state shall have the first strike. (b) In civil cases in which the amount in controversy is $10,000.00 or greater, either the plaintiff or defendant may demand in writing prior to the commencement of the trial term that the case be tried by a jury of 12. If such a demand is made, the judge shall make up from the petit jurors two panels of 12 jurors each which shall be known and distin guished as panels 'number 1' and 'number 2.' The plaintiff and defendant may select either panel of the petit jury. If they shall not agree upon a panel, the clerk shall furnish the parties or their attorneys with a list of both panels from which the parties or their attorneys may strike alter nately until there shall be but 12 left which shall constitute the jury to try the case. The plaintiff shall have the first strike. Section 15. The cost and fees charged in the State Court of Dougherty County shall be a flat amount of $17.50 which shall be the total cost of the case and which shall not be refunded. Such fee shall also be charged in garnishment proceedings. Section 16. Each party filing a civil action in the state court shall deposit with the clerk of the court at the time of the filing or commence ment of said proceeding the sum of $17.50 as provided in Section 15; provided, however, such deposit shall not be required of any person who shall subscribe an affidavit to the effect that because of his indigence he is unable to pay the same. If the party making such deposit shall finally prevail in the civil action, the amount of the deposit shall be taxed as 2662 JOURNAL OF THE SENATE part of the costs against the losing party defendant and shall be refunded to the party depositing the same after all costs have been paid. Section 17. Law library fees may be charged at the time of filing a case or at the time of assessing costs, according to such procedure and amounts as may be fixed by order of the chief judge of superior courts for the Dougherty Judicial Circuit. Section 18. The terms of the state court shall commence on the first Monday of each month. The judge shall have power to hold court in session from day to day, and to recess the same from time to time, pro vided that each term of the court shall be finally adjourned simultane ously with the commencement of the succeeding term. Section 19. The state court shall be held at the courthouse of Dougherty County or at such other adequate and convenient place as the county governing authority may provide. The county governing authority shall provide the necessary office, furniture, supplies, forms, and books for keeping the dockets and records of the court. Both the judge and the clerk of the court are charged with the duty and responsibility of keeping adequate and complete dockets and records, which shall at all times be kept current." Section 2. This Act shall become effective July 1, 1983, upon the con dition that House Bill 145 of the 1983 regular session of the General As sembly is passed into law. If House Bill 145 is not enacted into law on or before July 1, 1983, this Act shall be null and void. 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, was agreed to by substitute. On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 813. By Representative Isakson of the 21st: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the county supplement for the district attorney. Senators Barnes of the 33rd, Harrison of the 37th, Brantley of the 56th and Thompson of the 32nd offered the following amendment: FRIDAY, MARCH 4, 1983 2663 Amend HB 813 by striking line 5 of Page 1 and inserting in lieu thereof the following: "the district attorney; to change the provisions relative to the ap pointment and compensation of investigators; to change the provisions relative to the appointment and compensation of assistant district attor neys; to change the provisions relative to the county supplement paid to the legal secretary appointed by the district attorney; to provide an effec tive date; to". By striking from line 20 of Page 2 the following: "$18,020.00", and inserting in lieu thereof the following: "$20,000.00". 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. HB 828. By Representatives Randall of the 101st, Lucas of the 102nd, Groover of the 99th and Home of the 103rd: A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to sales of alcoholic beverages during certain hours in certain municipalities and counties, so as to provide that sales of alcoholic beverages by certain establishments may be authorized during certain hours in coun ties having a population of not less than 140,000 and not more than 150,300 in municipalities in such counties. The Senate Committee on Federal, State, and Community Affairs offered the fol lowing substitute to HB 828: A BILL TO BE ENTITLED AN ACT 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 authorize the sale of alcoholic beverages on Sun day during certain hours in certain counties and municipalities; to provide 2664 JOURNAL OF THE SENATE the procedures connected therewith; to provide for a referendum; 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 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, is amended by adding a new subsection (k) at the end thereof to read as follows: "(k) (1) In each county having a population of not less than 151,000 nor more than 165,000 according to the United States decennial census of 1970 or any future such census, in which the sale of alcoholic bever ages is lawful and in certain municipalities in such counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alco holic beverages for consumption on the premises in bona fide full-service restaurants at any time from 1:00 P.M. until 9:00 P.M. on Sundays. (2) As used in this subsection, the term 'bona fide full-service res taurant' means an established place of business: (A) Which is licensed to sell alcoholic beverages, distilled spirits, malt beverages, or wines for consumption on the premises; (B) Where meals with substantial entrees selected by the patron from a full menu are served; (C) Which has adequate facilities and sufficient employees for cook ing or preparing and serving such meals for consumption at tables in dining rooms on the premises; and (D) Which derives at least 50 percent of its gross income from the sale of such meals prepared, served, and consumed on the premises; but (E) Excludes the bar and lounge area of the premises unless meals are served in that part of the restaurant on a regular basis. (3) The governing authority of such a county or municipality may provide for special licenses for and charge a license fee to restaurants which engage in sales of such beverages at any time from 1:00 P.M. until 9:00 P.M. on Sundays. The license fee shall be set by the governing body. (4) The governing authority of such a county or municipality may conduct an audit of the books and records of the restaurant at any time during reasonable working hours to determine compliance with the provi sions of paragraph (2) of this subsection. The governing authority of such a county or municipality is authorized to revoke the special license of any restaurant for noncompliance with the provisions of paragraph (2) of this subsection." Section 2. After the date of the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the election super intendent of each county having a population of not less than 151,000 and FRIDAY, MARCH 4, 1983 2665 not more than 165,000 according to the United States decennial census of 1980 or any future such census to issue the call for an election for the pur pose of submitting to the electors of each such county the question of whether this Act shall be approved or rejected. The superintendent shall set the date of such election to coincide with the date of the first regular elec tion or special election, whichever occurs first, held in any such county after the effective date of this section; provided, however, that the date of the election shall be not less than 30 nor more than 45 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 preced ing the date thereof in the official organ of each such county. "[ ] YES [ ] NO Shall the provisions of the Act authorizing the governing body of this county and municipalities located therein to permit the sale of alcoholic beverages, distilled spirits, malt beverages, and wines for consumption on the prem ises in bona fide full-service restaurants at any time from 1:00 P.M. until 9:00 P.M. on Sundays 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 such counties. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 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 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. 2666 JOURNAL OF THE SENATE HB 836. By Representatives Hirsch of the 96th, Buck of the 95th, Galer of the 97th and others: A bill to amend an Act establishing the Municipal Court of Columbus, so as to provide for an increase in civil jurisdiction; to provide for the salaries of the judge, clerk, and marshal of said court. The Senate Committee on Federal, State and Community Affairs offered the fol lowing amendment: Amend HB 836 by striking from line 34 of Page 17 the figure "1.70" and inserting in its place the figure "2.70". By striking from line 4 of Page 18 the figure ".25" and inserting in its place the figure "1.00". By striking from line 41 of Page 19 the figure "5.75" and inserting in its place the figure "4.00". By striking from line 4 of Page 20 the figure "$4.00" and inserting in its place the figure "2.00". By striking from line 6 of Page 20 the figure "2.00" and inserting in its place the figure "4.00". By striking from line 47 of Page 20 the figure "1.50" and inserting in its place the figure "3.00". By striking from line 2 of Page 21 the figure ".75" and inserting in its place the figure "1.00". By striking from line 21 of Page 21 the figure "2.50" and inserting in its place the figure "2.00". By striking from line 25 of Page 21 the figure "6.00" and inserting in its place the figure "5.00". By striking from line 28 of Page 21 the figure "10.50" and inserting in its place the figure "8.00". By striking from line 40 of Page 21 the figure "2.00" and inserting in its place the figure "1.50". By striking from line 43 of Page 21 the figure "2.50" and inserting in its place the figure "2.00". By striking from line 16 of Page 22 the figure "2.00" and inserting in its place the figure "1.50". By striking from line 6 of Page 23 the word "shall" and inserting in its place the word "may". On the adoption of the amendment, the yeas were 52, nays 0, and the amendment was adopted. FRIDAY, MARCH 4, 1983 2667 The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HR 292. By Representatives Ginsberg of the 122nd and Hamilton of the 124th: A resolution creating the Chatham County Hospital Authority Study Commission. The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HR 292: A RESOLUTION Creating the Chatham County Hospital Authority Study Commission; and for other purposes. WHEREAS, the Chatham County Hospital Authority performs many vital functions for Chatham County and its citizens; and WHEREAS, the composition of the board of the authority is of ex treme importance in performing those functions; and WHEREAS, the manner of filling vacancies on the board was estab lished in 1969 and may now need revising. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that there is created the Chatham County Hospi tal Authority Study Commission to be composed of ten members, five to be selected by the House delegation and five to be selected by the Senate dele gation of the General Assembly which represents Chatham County. The delegations shall, prior to May 1, 1983, appoint the members. The ten appointees shall meet during the month of May and shall elect one of their number as chairman. This commission shall meet at the call of the chairman for future meet ings and shall adopt rules for its own governance. The members of the com mission shall receive no compensation or reimbursement of any kind for per forming any duty or function as a member of the commission. The Chatham County Hospital Authority and the Chatham County Commission shall: (1) Cooperate with this commission by furnishing, without charge, reasonable secretarial and logistical assistance; and 2668 JOURNAL OF THE SENATE (2) Make available to the commission the various records, reports, interviews, and other data that may be required for the commission to complete its assigned task. BE IT FURTHER RESOLVED that the commission shall study the current system of appointing members to the board of the authority and shall study all aspects of indigent care provided by entities over which the authority exercises responsibility. The commission may study all issues rele vant to and bearing on such topics. From these studies the commission shall make a final report of its findings and recommendations. Such report shall be submitted to the Chatham County delegation to the General Assembly by December 31, 1983. On the adoption of the substitute, the yeas were 52, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was passed by substitute. The President called for the morning roll call, and the following Senators an swered to their names: Allgood Barker Brantley Broun of 46th H'y?nt CBoubrtbon Coggin Coleman Dawkins Deal Dean English Engram Foster Garner "arr!s HHianrenson Horton Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Scott of 43rd ,,Jt.arr Tate Thompson Turner Tysinger Walker Those not answering were Senators: Barnes Bond Bowen Brannon Brown of 47th Coverdell Fincher Gillis Greene Hill Holloway Howard Hudgins Littlefield Perry FRIDAY, MARCH 4, 1983 2669 Phillips Scott of 2nd Scott of 36th Stumbaugh Timmons Trulock Lieutenant Governor Zell Miller introduced the chaplain of the day, Reverend Garnett M. Wilder, pastor of Decatur First United Methodist Church, Decatur, Geor gia, who offered scripture reading and prayer. The following resolutions of the Senate were read and adopted: SR 202. By Senator Hill of the 29th: A resolution commending Mayor Richmond Daniel Hill of Greenville, Geor gia, and wishing him well in his retirement. SR 217. By Senator Brannon of the 51st: A resolution recognizing Dale C. Smith, better known as "Country Dale" for his leadership and promotion of country music in middle Georgia. SR 225. By Senators Coggin of the 35th, Engram of the 34th, Allgood of the 22nd and others: A resolution commending Mr. W. Elmer George and inviting him to appear before the Senate. SR 226. By Senator Turner of the 8th: A resolution commending the Georgia Christian School Basketball Team. SR 227. By Senators Trulock of the 10th and Howard of the 42nd: A resolution recognizing Phi Mu Fraternity on the occasion of its one hun dred and thirty-first anniversary. 2670 JOURNAL OF THE SENATE SR 255. By Senators Greene of the 26th, English of the 21st and Broun of the 46th: A resolution commending the Buckwheat Cloggers. SR 256. By Senators Greene of the 26th, English of the 21st and Broun of the 46th: A resolution commending Albert Coleman. SR 257. By Senator Hudgins of the 15th: A resolution commending Mr. Charles M. Stripling, III. SR 258. By Senators Hine of the 52nd and Kennedy of the 4th: A resolution honoring Dr. Charles Truman Brown. SENATE RULES CALENDAR Friday, March 4, 1983 FORTIETH LEGISLATIVE DAY SR 140 SR 155 SR 168 SR 191 SR 156 SR 162 HB 429 HB 236 HB 68 HB 107 HB 420 HB 407 HR 145 HB 93 Assessment on Milk--urge Congress and Secretary of Agriculture to remove (Ag--24th) Structure of Financial Institutions Study Committee--create (App--46th) Employees' Retirement Board of Trustees--involuntary separation benefits (Ret--49th) Urban County and Municipal Study Committee--create (FS&CAG--43rd) University System Laboratory and Equipment Needs Study Commit tee--create (H Ed--46th) Georgia Transportation Study Committee--create (Trns--12th) Sexual Exploitation of Child--redefine "minor" (AMENDMENT) (J&CL--26th) One Spouse Head of Family--no longer presume (J&CL--48th) Unlawful Possession of Firearms by Felons--redefine "felony" (SUB STITUTE) (J&CL--26th) Employees' Retirement--credit for certain military service (SUBSTI TUTE/AMENDMENT) (Ret--23rd) Insurance Fees--impose license fees upon life insurance companies (SUBSTITUTE) (FS&CA-G--43rd) Canine Handlers--powers same as policemen (Off R--25th) Federal Surplus Property Program--permanent plan (FS&CAG--28th) Motorcycles--liability insurance coverage (Ins--16th) FRIDAY, MARCH 4, 1983 2671 HR 156 HR 67 HR 287 HB 138 HB 326 HB 606 HB 478 HB 118 HB 435 HB 2 HB 441 HB 328 HB 541 Blue Ribbon Committee on School Climate--create (AMEND MENT) (Ed--15th) Roger H. Lawson Memorial Bridge--bridge on U.S. Highway 341 (Trns--12th) Department of Human Resources--urge to comply with Resolution 199, Georgia Law, 1982, page 1352 (Hum R--42nd) Teachers Retirement--retired may substitute and still receive (AMENDMENT) (Ret--10th) Forfeiture Proceedings for Bonds--repeal certain provisions (SUB STITUTE) (Judy--35th) Public Officials and Employees--prohibit certain conduct (Gov Op--44th) Criminal Case Continuances--when attorney legislator not required to be present (Judy--49th) Post-Mortem Examination Act--time limit for release of certain dead bodies (Hum R--51st) Delayed Birth Registration--change provisions (Hum R--10th) Real Estate Transfer Tax--continuing legal notice if tax not paid (Judy--52nd) Financial Institution Taxation--funds to local systems to alleviate financial burden (B&F--23rd) Lincoln County Superior Court Grand Jury--terms may be convened (Judy--24th) Irrigation Systems--specify those required to have anti-syphon de vices (Ag--24th) Respectfully submitted, /s/ Dean of the 31st, Chairman Senate Rules Committee The following general resolutions of the Senate, favorably reported by the commit tees, were read the third time and put upon their adoption: SR 140. By Senators McGill of the 24th, English of the 21st, and 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. 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: 2672 JOURNAL OF THE SENATE 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 Greene Harris Harrison Hill Hine Horton Howard Huggins Kennedy Kidd Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Barker Gillis Holloway Hudgins Land Littlefield Scott of 36th Starr On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 155. By Senator Broun of the 46th: A resolution creating the Structure of Financial Institutions 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 Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins FRIDAY, MARCH 4, 1983 2673 Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Phillips Scott of 2nd Scott of 43rd Stumbaugh T1 aatlpe Thompson Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Bowen Holloway Littlefield Perry Scott of 36th Starr On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair. SR 168. By Senators Deal of the 49th, Turner of the 8th, Coverdell of the 40th and others: A resolution urging the board of trustees of the Employees' Retirement Sys tem of Georgia and the Attorney General to take certain action with respect to applications for involuntary separation benefits. 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 Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster 2674 JOURNAL OF THE SENATE 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 43rd Stumbaugh Tate Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Bowen Kennedy (presiding) Littlefield Scott of 36th Starr Thompson On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 191. By Senator Scott of the 43rd: A resolution creating an Urban County and Municipal 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 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 Kidd Lester McGill Peevy Perry Phillips Scott of 2nd Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker FRIDAY, MARCH 4, 1983 2675 Those not voting were Senators: Bond Brannon Kennedy (presiding) Land Littlefield McKenzie Scott of 36th Starr On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 156. By Senator Broun of the 46th: A resolution creating the University System Laboratory and Equipment Needs 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 Barnes Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coggin Coleman Coverdell Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester McGill Peevy Perry Phillips Scott of 2nd Scott of 43rd Stumbaugh Tate Thompson Timmons Turner Tysinger Walker Those not voting were Senators: Barker Bond Bowen Cobb Dawkins Kennedy (presiding) Littlefield McKenzie Scott of 36th Starr Trulock 2676 JOURNAL OF THE SENATE On the adoption of the resolution, the yeas were 45, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following bills of the House were taken up for the purpose of considering the House action thereon: 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. Senator Hine of the 52nd moved that the Senate insist upon the Senate amend ment to HB 374. On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 374. The President resumed the Chair. 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. Senator Coggin moved that the Senate adhere to the Senate substitute to HB 530, 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 530. The President appointed as a Conference Committee on the part of the Senate the following: Senators Phillips of the 9th, Bowen of the 13th and Coggin of the 35th. FRIDAY, MARCH 4, 1983 2677 The following general resolution of the Senate and bills of the House, favorably reported by the committees, were read the third time and put upon their passage: SR 162. By Senators Holloway of the 12th, Harris of the 27th, Peevy of the 48th and others: A resolution creating the Georgia Transportation 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: Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dean English Engram Fincher 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 43rd Stumbaugh Tate Thompson Turner Walker Those not voting were Senators: Allgood Brannon Dawkins Deal Foster Hill Littlefield Scott of 36th Starr Timmons Trulock Tysinger On the adoption of the resolution, the yeas were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 2678 JOURNAL OF THE SENATE 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. Senate Sponsor: Senator Greene of the 26th. The Senate Committee on Judiciary and Constitutional Law offered the following amendment: Amend HB 429 by striking from line 2 of Page 2 the following: "another person", and inserting in lieu thereof the following: "an audience". On the adoption of the amendment, the yeas were 0, nays 34, and the amendment was lost. Senator Greene of the 26th offered the following substitute to HB 429: A BILL TO BE ENTITLED AN ACT To amend Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, 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; to make it unlawful for any person knowingly to employ, use, per suade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of any performance; to make it unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to en gage in or to assist any other person to engage in sexually explicit conduct for the purpose of any performance; to change certain penalty provisions; to prohibit the sale, loan, or exhibition of certain material to minors; to provide for legislative intent; to provide for definitions; to provide that it shall be unlawful to sell, loan, or exhibit certain material to minors; to provide for penalties; 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 12 of Title 16 of the Official Code of Georgia An notated, relating to offenses against public health and morals, is amended by striking in its entirety Code Section 16-12-100, relating to the sexual ex- FRIDAY, MARCH 4, 1983 2679 ploitation of children, and inserting in lieu thereof a new Code Section 1612-100 to read as follows: "16-12-100. (a) As used in this Code section, the term: (1) 'Minor' means any person under the age of 18 years. (2) 'Performance' means any play, dance, or exhibit to be shown to or viewed by an audience. (3) 'Producing' means producing, directing, manufacturing, issuing, publishing, or advertising. (4) 'Sexually explicit conduct' means actual or simulated: (A) Sexual intercourse, including genital-genital, oral-genital, analgenital, or oral-anal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Sadomasochistic abuse for the purpose of sexual stimulation; or (E) Lewd exhibition of the genitals or pubic area of any person. (5) 'Visual or print medium' means any film, photograph, negative, slide, book, magazine, or other visual or print medium. (b) (1) It is unlawful for any person knowingly to employ, use, per suade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct. (2) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct. (3) It is unlawful for any person knowingly to employ, use, per suade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of any performance. (4) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of any performance. (c) Any person who violates a provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by im prisonment for not less than three years nor more than 20 years or by a fine of not more than $20,000.00, or both." Section 2. Said chapter is further amended by striking Part 3 of Arti- 2680 JOURNAL OF THE SENATE cle 3, relating to the sale or distribution of harmful material to minors, in its entirety and substituting in lieu thereof a new Part 3 to read as follows: "Part 3 16-12-101. The General Assembly finds that the sale, loan, and ex hibition of harmful materials to minors has become a matter of increas ingly grave concern to the people of this state. The elimination of such sales, loans, and exhibition and the consequent protection of minors from harmful materials are in the best interest of the morals and general wel fare of the citizens of this state in general and of minors in this state in particular. The accomplishment of these ends can best be achieved by providing public prosecutors with an effective power to commence crimi nal proceedings against persons who engage in the sale, loan, or exhibi tion of harmful materials to minors. 16-12-102. As used in this part, the term: (1) 'Harmful to minors' means that quality of any description or representation, in whatever form, of sexually explicit nudity, sexual con duct, sexual excitement, bestiality, or sadomasochistic abuse, when taken as a whole it: (A) Predominantly appeals to the prurient, shameful, or morbid in terest of minors; (B) Is patently offensive to prevailing standards in the adult commu nity as a whole with respect to what is suitable material for minors; and (C) Lacks serious literary, artistic, political, or scientific value. (2) 'Knowingly' means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both: (A) The character and content of any material described in this part which is reasonably susceptible of examination by the defendant; and (B) The age of the minor, provided that an honest mistake shall constitute an excuse from liability under this part if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor. (3) 'Minor' means any person under the age of 16 years. (4) 'Sadomasochistic abuse' means actual or simulated flagellation or torture by or upon a person nude or clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed or nude. (5) 'Sexual conduct' means actual or simulated acts of masturba tion, homosexuality, bestiality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person be a female, breast. (6) 'Sexual excitement' means the condition of human male or fe male genitals when in a state of sexual stimulation or arousal. FRIDAY, MARCH 4, 1983 2681 (7) 'Sexually explicit nudity' means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state. 16-12-103. It shall be unlawful for any person knowingly to sell or loan for monetary consideration to a minor: (1) A picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which, taken as whole, is harmful to minors; or (2) Any book, pamphlet, magazine, printed matter however repro duced, or sound recording which contains any matter enumerated in par agraph (1) of this Code section or explicit and detailed verbal descrip tions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors. 16-12-104. It shall be unlawful for any person knowingly to exhibit for a monetary consideration to a minor or knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor for a mone tary consideration to premises whereon there is exhibited a motion pic ture, show, or other presentation which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors. 16-12-105. Any person who violates any provision of Code Section 16-12-103 or 16-12-104 shall be guilty of a misdemeanor of a high and aggravated nature." 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 HB 429 offered by Senator Greene of the 26th by striking the word "minor" in each place where it appears on line 11 and on line 12 of Page 6 and inserting in lieu thereof in each such place the following: "person under the age of 18". On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted as amended. 2682 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill as amended, was agreed to by substitute as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Deal Dean English Engram Fincher Garner Gillis Greene Harris Harrison Hill Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker Voting in the negative was Senator Hine. Those not voting were Senators: Coleman Dawkins Foster Lester Littlefield Scott of 36th Starr On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair. 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 person FRIDAY, MARCH 4, 1983 2683 subject to that person's spouse, and no longer to have one person's legal civil existence merged into that person's spouse. Senate Sponsor: Senator Peevy of the 48th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Barker Barnes Brantley Broun of 46th Brown of 47th Coggin Coleman Deal Dean Engrain Gillis Greene Hine Holloway Horton Howard Hudgins Kidd Land Peevy Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Tysinger Walker Those voting in the negative were Senators: Allgood Bowen Brannon Bryant Burton Cobb Coverdell English Fincher Garner Harris Harrison Hill Huggins Lester McGill McKenzie Perry Phillips Thompson Turner Those not voting were Senators: Bond Dawkins Foster Kennedy (presiding) Littlefield Starr Timmons Trulock On the passage of the bill, the yeas were 27, nays 21. The bill, having failed to receive the requisite constitutional majority, was lost. Senator Peevy of the 48th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 236. 2684 JOURNAL OF THE SENATE Senator Kennedy of the 4th, President Pro Tempore, who was presiding, stated that, as provided for in Senate Rule 99, he would set the time to entertain the motion to reconsider immediately following the Senate's action on HB 93 on the Senate Rules Calendar for today. 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". Senate Sponsor: Senator Greene of the 26th. The Senate Committee on Judiciary and Constitutional Law offered the following substitute to HB 68: A BILL TO BE ENTITLED AN ACT To amend Code Section 16-11-131 of the Official Code of Georgia An notated, relating to the unlawful possession of firearms by convicted felons, so as to change the provisions relating to the granting of relief from the disabilities imposed by this Code section; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 16-11-131 of the Official Code of Georgia Annotated, relating to the unlawful possession of firearms by convicted felons, is amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: "(d) A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or pos session of firearms by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C. 925, shall, upon presenting to the Board of Public Safety proof that the relief has been granted and it being established from proof submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the convic tion and the applicant's record and reputation are such that the acquisi tion, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code sec tion. A person who has been convicted under federal or state law of a felony pertaining to antitrust violations, unfair trade practices, or re straint of trade shall, upon presenting to the Board of Public Safety proof, and it being established from said proof, submitted by the appli cant to the satisfaction of the Board of Public Safety that the circum stances regarding the conviction and the applicant's record and reputa tion are such that the acquisition, receipt, transfer, shipment, or FRIDAY, MARCH 4, 1983 2685 possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. A record that the relief has been granted by the board shall be entered upon the criminal history of the person maintained by the Georgia Crime Information Center and the board shall maintain a list of the names of such persons which shall be open for pubic inspection." 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, Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ordered a roll call, 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 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 Timmons Trulock Turner Walker Those not voting were Senators: Brannon Dawkins Fincher Foster Kennedy (presiding) Starr Thompson Tysinger 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. 2686 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 Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coggin Coleman Coverdell Deal Dean English Engram Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Burton Dawkins Fincher Foster Garner Kennedy (presiding) Littlefield Scott of 36th Starr 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 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 869. By Representative Phillips of the 93rd: A bill to provide that the board of commissioners of Harris County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations doing business in the unincorporated areas of Harris County. FRIDAY, MARCH 4, 1983 2687 The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate: 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. The House has passed by the requisite constitutional majority the following bill of the Senate: 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 House has passed, by substitute, by the requisite constitutional majority the following bill 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 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 resumed the Chair. 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. Senate Sponsor: Senator Lester of the 23rd. 2688 JOURNAL OF THE SENATE The following fiscal note, as required by law, was read by the Secretary: Department of Audits 115 State Capitol Atlanta, Georgia 30334 MEMORANDUM TO: The Honorable Rudolph Johnson, Chairman House Retirement Committee FROM: William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget DATE: January 18, 1983 SUBJECT: Fiscal Note--House Bill 107 (LC 6 4761) Employees' Retirement System (ERS) This Bill would allow members to receive up to three years' prior ser vice credit for active duty service in the United States' armed forces (exclu sive of reserve service) from January 1, 1954 to December 31, 1956. To obtain such credit, members must pay, by January 1, 1984, employee contri butions based on their salaries last paid before entering military service or their salaries first paid upon returning from military service plus 15% inter est compounded annually to date of payment. The exact fiscal impact of this Bill cannot be determined since the number of members that would apply for such credit cannot be predicted. Based on the average age and projected compensation of members in the eligible age group and assuming these members pay the required contribu tions and interest, there would be no unfunded liability created at retirement by this Bill. The average increase in the reserve required to fund each additional year of benefits granted by this Bill would be more than offset by the mem bers' contributions (employee amounts plus 15% interest). The $9,564 aver age projected liability per year of service at retirement age is offset by the members' average contributions of approximately $12,944 per year of service. A survey of ERS members coupled with an actuarial study would be necessary to determine the exact fiscal impact of this provision. /s/ W. M. Nixon State Auditor /s/ C. T. Stevens, Director Office of Planning and Budget FRIDAY, MARCH 4, 1983 2689 The Senate Committee on Retirement offered the following substitute to HB 107: A BILL TO BE ENTITLED AN ACT 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; to pro vide for contributions; to amend Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Legislative Retirement Sys tem, so as to add a new definition of prior service; to allow prior service credit for military service during any period when a military draft was in effect for members who were honorably discharged from military service; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 47-2-96 of the Official Code of Georgia An notated, relating to credit for the Employees' Retirement System of Georgia for prior service, is amended by adding at the end thereof a new subsection (g) to read as follows: "(g) Anything in this chapter to the contrary notwithstanding, any member who was on active duty in the armed forces of the United States at any time from January 1, 1954, until December 31, 1956, as deter mined by the person's official military records, may purchase such active duty military service credit, exclusive of reserve service, by paying the required employee contributions on the compensation last paid to the member as an employee prior to entering military service or the compen sation first paid to the member as an employee after returning from mili tary service plus 15 percent interest on said employee contributions, com pounded annually to date of payment; provided, however, that no service in the armed forces shall be deemed as creditable under any provisions of this subsection if such service has or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security and those retirement programs covered under the provisions of Title 10 of the United States Code, Public Law 810, 80th Congress, as amended. To be eligible to receive credit for military service under this subsection, the individual shall purchase such credit prior to January 1, 1984." Section 2. Chapter 6 of Title 47 of the Official Code of the Official Code of Georgia Annotated, relating to the Georgia Legislative Retirement System, is amended by adding between paragraphs (8) and (9) of Code Sec tion 47-6-1, relating to definitions, a new paragraph (8.1) to read as follows: "(8.1) 'Prior service' shall also include military service which is creditable under Code Section 47-6-70.1 of this chapter." Section 3. Said Chapter 6 of Title 47 is further amended by adding immediately following Code Section 47-6-70 a new Code Section 47-6-70.1 to read as follows: 2690 JOURNAL OF THE SENATE "46-6-70.1. Any member who served on active duty in the armed forces of the United States during any period when a military draft was in effect and who was honorably discharged from military service may receive prior service credit under this chapter for such active duty mili tary service subject to the following conditions and requirements: (1) This Code section shall apply only to those members who have eight or more years of creditable service under this chapter; (2) Prior service credit for military service under this Code section may be obtained under a ratio of one year of credit for military service for each five years of creditable service, not considering creditable service under this Code section, or, for military service of less than a full year, under a ratio of credit for one month of military service for each five months of creditable service; (3) No prior service credit for military service may be obtained under this Code section if credit for such military service has been or may be obtained under any other provision of this chapter; (4) No prior service credit for military service may be obtained under this Code section if such military service has or may be used in the determination of the member's eligibility for retirement benefits or al lowances under any other state retirement or pension system, any retire ment or pension system of a political subdivision, or any federal retire ment or pension program, except social security and those retirement programs covered under Public Law 810, 80th Congress, as amended; (5) The total amount of prior service credit for military service may not exceed five years for all military service which is creditable as prior service under this chapter; and (6) The member must pay to the board of trustees the regular em ployee contribution of 7!/2 percent of compensation based on the compen sation received by members of the General Assembly during legislative sessions at the time the military service was rendered plus interest on such employee contributions at the rate of 7 percent per annum com pounded annually from the time the military service was rendered until the date of payment." Section 4. All laws and parts of laws in conflict with this Act are repealed. FRIDAY, MARCH 4, 1983 2691 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, and Committee Members Senate Retirement Committee FROM: William M. Nixon, State Auditor DATE: March 2, 1983 SUBJECT: Cost Memorandum--Substitute to House Bill 107 (LC 7 5387S) Employees' Retirement System (ERS) Legislative Retirement System (LRS) Pursuant to your request, this memorandum is provided to explain the cost calculations regarding the ERS military credit provision. As indicated in my updated fiscal note dated March 1, 1983, the actuary for ERS has stated that the member contribution required by this provision would be in excess of the cost of the credit granted resulting in no negative fiscal impact to the system. This memorandum will outline the specific methods employed by the actuary to arrive at his conclusion regarding the ERS provision. 1. The actuary assumed that 10% of the ERS members would purchase one year of credit under the Bill. An assumption regarding the persons affected and the amount of service to be purchased was necessary because information was not available to identify the actual number of persons who have military service during the period provided by the Bill or the amount of service these persons would purchase. 2. The actuary assumed that the credit purchased was for service rendered 28 years ago. This assumption was based on the dates for which prior service credit is allowed by the Bill (January 1, 1954 to December 31, 1956). To facilitate specific cost calculations, the actuary used the average of the years of prior service credit allowed (i.e., 1954 + 1955 + 1956 / 3 = 1955). Additionally, the actuary assumed that credit ob tained pursuant to this Bill would be purchased in 1983. Thus, the as sumption was made that service was rendered 28 years ago (i.e., 1983 -- 1955 = 28). 3. Since the Bill requires member contributions to be based on their salaries last paid before entering military service or their salaries first paid upon returning from military service, the actuary estimated the sal ary received by members in 1955 (the assumed year of previous service). This salary was estimated to be $2,826 based on the average salary of 2692 JOURNAL OF THE SENATE ERS members in 1955. This average salary was obtained from the Re tirement System which quoted the data from a 1955 actuarial valuation. 4. Based on the Bill's requirements that members pay employee con tributions on their previous salaries (as specified above), the actuary computed the employee contribution amount for one year of service (based on the initial assumption that one year of service would be pur chased). Since the Bill did not specify the employee contribution rate, the 5% rate in effect in 1955 was used. Thus, the annual contribution calcu lation is as follows. $2,826 x .05 = $141 5. The Bill also requires members to pay 15% interest compounded annually to the date of payment. Since the Bill did not specify the date from which such interest should be compounded, the actuary assumed that interest would begin accumulating at the time of previous service in 1955. Thus, the 15% interest would be compounded annually from 1955 to 1983 or for 28 years. This calculation requires the use of compound interest tables to obtain the factor for 28 years at 15% interest. This factor is 50.065 612 0656 and can be expressed as 1.1528. The total mem ber contribution of 5% of salary plus 15% interest compounded annually is as follows. $141 x 50.065 612 0656 = $7,059 6. The actuary estimated the current cost of the Bill by calculating the dollar amount that would be required to be deposited in 1983 to fund the additional benefit provided for one additional year of service granted. The actuary indicated that this cost could most easily be understood by use of an example member. Thus, the cost was based on an example member who is currently age 47 and who will retire in 15 years at age 62 at an average final salary of $22,500. The actuary calculated the annual additional benefit that would be provided to such a member to be $450. The actuary then calculated the present value of the projected benefit to be $4,500. That is, a $4,500 deposit in 1983 would be required to fund the additional annual benefits to this example member over his retired lifetime. 7. The excess of the member contribution required over the cost of the credit granted was then calculated from the above data. The 1983 cost of one additional year of credit was estimated to be $4,500. The required member contribution amount (also in 1983) was estimated to be $7,059. Thus, the excess of contributions over the cost for the example member in 1983 dollars is as follows. $4,500 - $7,059 = $2,559 It should be noted that the cost example presented assumed retire ment at age 62 with a normal retirement benefit. However, some mem bers eligible for this credit may qualify for retirement at an earlier age by the '34 and out' provision thus increasing the cost of the credit granted. Therefore, excess funds would not be available in every case. The excess funds that would be available on cases like the example, how- FRIDAY, MARCH 4, 1983 2693 ever, would be available to cover the additional costs of '34 and out' retirements. Please advise me if I can be of further assistance by providing any ad ditional information. Respectfully yours, /s/ W. M. Nixon State Auditor Senator Trulock of the 10th offered the following amendment: Amend the substitute to HB 107 offered by the Senate Committee on Retirement by adding a new Section 5 to read as follows: "In no event shall any prior service credit for military service under this Act be used in the calculation of benefits for involuntary separation." On the adoption of the amendment, the yeas were 41, nays 2, and the amendment was adopted. Senator Turner of the 8th offered the following amendment: Amend the substitute to HB 107 offered by the Senate Committee on Retirement as follows: By striking on Page 2, line 29 the following: "46-6-70.1" and inserting in lieu thereof the following: "47-6-70.1". On the adoption of the amendment, the yeas were 38, 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. 2694 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 Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal Dean English Fincher Foster Gillis Greene Harris Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Timmons Trulock Turner Tysinger Walker Those voting in the negative were Senators: Barker Brantley Coverdell Engram Garner Harrison Hill Horton Stumbaugh Tate Thompson Not voting were Senators Littlefield and Starr. On the passage of the bill, the yeas were 43, nays 11. The bill, having received the requisite constitutional majority, was passed by substitute. The following bill of the House was read the first time and referred to committee: HB 869. By Representative Phillips of the 93rd: A bill to provide that the board of commissioners of Harris County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations doing business in the unincorporated areas of Harris County. Referred to Committee on Federal, State and Community Affairs. The following bill was taken up for the purpose of considering the House substi tute thereto: 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 FRIDAY, MARCH 4, 1983 2695 change the requirement that at least one signature on public securities be manually subscribed. The House substitute to SB 220 was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 82 of Title 36 of the Official Code of Georgia Anno tated, relating to the issuance of bonds, so as to include under the term "undertaking," gas or electric generating and distribution systems; to pro vide for an election to authorize such undertaking; to authorize the use of a facsimile signature; to authorize contracts for services in connection with the borrowing of money; to provide for the payment of such services; to provide for the confidentiality of certain records; to evidence any repayment obliga tion for borrowed money in any form or manner determined to be desirable by the borrower; to provide a method of creating a repayment obligation for borrowed money without the issuance of a bond, note, or certificate; to pro vide for other matters relative to the foregoing; to provide for liberal con struction; 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; to provide for the use of a facsimile of the seal of the superior court on public securities; to change provisions relating to the Geor gia State Financing and Investment Commission to provide an expanded definition of "general obligation debt"; to authorize the use of the facsimile signature of both the chairman and the secretary on debt instruments; to authorize the use of the facsimile of the official seal of the Superior Court of Fulton County on state debt instruments; to authorize use of a standardized registered bond certificate; to authorize out-of-state and in-state transfer agents; to authorize the use of depositories; to authorize the use of immobi lized or book-entry delivery systems; to provide for the confidentiality of cer tain records; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 82 of Title 36 of the Official Code of Georgia An notated, relating to the issuance of bonds, is amended by striking subparagraph (C) of paragraph (4) of Code Section 36-82-61, relating to definitions under the "Revenue Bond Law," in its entirety and substituting in lieu thereof a new subparagraph (C) to read as follows: "(C) Systems, plants, works, instrumentalities, and properties: (i) Used or useful in connection with the obtaining of a water supply and the conservation, treatment, and disposal of water for public and private uses; (ii) Used or useful in connection with the collection, treatment, and disposal of sewage, waste, and storm water; together with all parts of any such undertaking and all appurtenances thereto, including lands, ease ments, rights in land, water rights, contract rights, franchises, ap- 2696 JOURNAL OF THE SENATE preaches, dams, reservoirs, generating stations, sewage disposal plants, intercepting sewers, trunk connecting and other sewer and water mains, filtration works, pumping stations, and equipment; (iii) Used or useful in connection with the collection, treatment, re use, or disposal of solid waste; or (iv) Used or useful in connection with buying, constructing, ex tending, operating, and maintaining gas or electric generating and distri bution systems together with all necessary appurtenances thereof; pro vided further any revenue certificates issued to buy, construct, extend, operate, and maintain gas or electric generating and distribution systems shall, before being undertaken, be authorized by a majority of those vot ing at an election held for the purpose in the county, municipal corpora tion or political subdivision affected, the election for such to be held in the same manner as is used in issuing bonds of such county, municipal corporation or political subdivision and the said elections shall be called and provided for by officers in charge of the fiscal affairs of said county, municipal corporation, or political subdivisions affected;." Section 2. Chapter 82 of Title 36 of the Official Code of Georgia An notated, relating to the issuance of bonds, is amended by adding a new Arti cle 6 at the end thereof to read as follows: "ARTICLE 6 36-82-140. Notwithstanding the provisions of other laws to the con trary, the following revisions of relevant laws shall apply to any munici pality, as defined in paragraph (3) of Code Section 36-82-121, which incurs bonded indebtedness: (1) If a bond is to be issued to evidence the repayment obligation for borrowed money, the signatures of all officers of the municipality re quired by law or by the proceedings related to such borrowed money to sign such bond may be facsimile signatures and any seal required to be affixed thereon may be a facsimile seal if provision is also made for a manual authenticating signature on the bond by or on behalf of a designated financial institution or other person or other municipality with whom the municipality has a contract as provided in subparagraph (A) of paragraph (2) of this Code section with respect to such bond. In addi tion, any officer may adopt as a facsimile signature the signature or fac simile signature of a predecessor in office in the event the signature or facsimile signature of such predecessor appears on such bond. (2) (A) Any municipality borrowing money may contract for the services of a financial institution or other person within or without the state or another municipality to perform any of the following functions with respect to repayment obligations for borrowed money: (i) Issuance, authentication, transfer, registration, exchange, and re lated mechanical and clerical functions; (ii) Record or bookkeeping or book entry functions; FRIDAY, MARCH 4, 1983 2697 (iii) Preparation, signing, and issuance of checks or warrants in pay ment of repayment obligations for borrowed money; (iv) Preparation and maintenance of reports and accounts; and (v) Performance of any other duties related to repayment obligations for borrowed money. (B) The cost of performing the aforesaid functions, whether incurred under a contract or through direct performance by the municipality, may be paid from the borrowed moneys or from other funds lawfully available for the purpose. (3) (A) Whenever any municipality shall borrow money any repay ment obligation with respect thereto may be evidenced by: (i) Bonds issued in such form either coupon or fully registered or both coupon and fully registered in such denominations and with such provisions for registration, exchangeability, and transferability as the res olution authorizing the borrowing of money or any loan agreement, trust agreement, or other contract or agreement to be entered into in connec tion with the borrowing of money may provide; (ii) Book entries under which the right to receive payments of prin cipal, redemption premium, if any, and interest shall be established and transferred only through subsequent book entries; or (iii) In such other manner as may be provided for in the resolution authorizing the borrowing of money or any loan agreement, trust agree ment, or other contract or agreement to be entered into in connection with the borrowing of money may provide. (B) If any municipality elects to evidence any repayment obligation for borrowed money in a manner permitted by division (3)(A)(ii) or (i) No bond shall be issued to evidence such repayment obligation, and the adoption by the municipality of the resolution authorizing the borrowing of such money and the execution and delivery by the munici pality of the loan agreement, trust agreement, or other contract or agree ment to be entered into in connection with the borrowing of such money and the receipt by the municipality or by an agent acting on behalf of the municipality of the money borrowed shall be the only requirement to establish lawfully the repayment obligation with respect to such bor rowed money; and (ii) The municipality shall provide for the sending of written state ments which provide a record of certain rights with respect to such re payment obligation as of the time of issuance of the statements. Such statements shall be sent each person acquiring rights by registration in such repayment obligation but shall, in and of themselves, confer no rights on the recipient and shall be neither a negotiable instrument nor a security. (C) In the event any municipality elects to evidence any such repay- 2698 JOURNAL OF THE SENATE ment obligation in a manner permitted by division (3)(A)(ii) or (3)(A)(iii), the provisions of any other law of this state to the contrary notwithstanding, the interest of any person in such repayment obligation may be accepted, to the extent of such interest, as a deposit of the repay ment obligation to which it relates, provided that the municipality has provided by contract for the pledge of such interest. 36-82-141. The records of ownership, registration, transfer, and ex change of repayment obligations for borrowed money and of persons to whom payment with respect to such obligations is made shall not be pub lic records, it being understood that the availability of such records to the general public would likely have a serious adverse impact on the ability of a municipality to consummate subsequent borrowings of money at the most advantageous cost to such municipality. 36-82-142. This article shall be liberally construed to effect the pur poses hereof; and insofar as the provisions of this article may be inconsis tent with the provisions of the Constitution of Georgia, under circum stances where the General Assembly has been granted the power by law to enlarge or restrict such provisions of the Constitution of Georgia, or inconsistent with the provisions of any law, including any general, local, or special Act of the General Assembly relating to bonds issued by any municipality, this article shall control." Section 3. Chapter 17 of Title 50 of the Official Code of Georgia An notated, relating to state debt, investment, and depositories, is amended by striking subsection (a) of Code Section 50-17-1, relating to facsimile signa tures on public securities in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: "(a) Public securities authorized to be issued and delivered at any one time may be executed with an engraved, imprinted, stamped, or oth erwise reproduced facsimile of any signature, seal, or other means of au thentication, certification, or endorsement required or permitted to be re corded thereon if so authorized by the board, body, or officer empowered by law to authorize the issuance of such securities. In addition to the foregoing, the clerk of the superior court of each county of this state may authorize the execution of any public securities, as defined in subsection (b) of this Code section, requiring or permitting his signature, with an engraved, imprinted, stamped, or otherwise reproduced facsimile of such signature and with an engraved, imprinted, stamped, or otherwise repro duced facsimile of the seal of the superior court of which he is clerk." Section 4. Said chapter is further amended by striking paragraph (5) of Code Section 50-17-21, relating to definitions relating to the Georgia State Financing and Investment Commission, in its entirety and substituting in lieu thereof a new paragraph (5) to read as follows: "(5) 'General obligation debt' means obligations of this state issued pursuant to this article to acquire, construct, develop, extend, enlarge, or improve land, waters, property, highways, buildings, structures, equip ment, or facilities of the state, its agencies, departments, institutions, and those state authorities which were created and activated prior to the amendment to Article VII, Section VI, Paragraph I(a) of the Constitu- FRIDAY, MARCH 4, 1983 2699 tion of 1945, adopted November 8, 1960, for which the full faith, credit, and taxing power of the state are pledged for the payment thereof. 'Gen eral obligation debt' also means obligations of this state issued to provide educational facilities for county and independent school systems." Section 5. Said chapter is further amended by striking Code Section 50-17-24, relating to the administration of public debt, in its entirety and substituting in lieu thereof a new Code Section 50-17-24 to read as follows: "50-17-24. (a) The state, through action of the commission, is au thorized to incur public debt as hereinafter provided. (b) (1) Public debt without a limit may be incurred to repel inva sion, suppress insurrection, and defend the state in time of war. (2) Public debt may be incurred to supply such temporary deficit as may exist in the state treasury in any fiscal year because of necessary delay in collecting the taxes of that year, but the debt so incurred shall not exceed, in the aggregate, 1 percent of the total revenue receipts, less refunds, of the state treasury in the fiscal year immediately preceding the year in which such debt is incurred; and any debt so incurred shall be repaid out of the taxes levied for the fiscal year in which the loan is made. Such debt shall be payable on or before the last day of the fiscal year in which it is incurred, and no such debt may be incurred in any fiscal year under this paragraph if there is then outstanding unpaid debt from any previous fiscal year which was incurred under this paragraph. (3) Public debt for public purposes may be either general obligation debt or guaranteed revenue debt. General obligation debt may be in curred by issuing obligations to acquire, construct, develop, extend, en large, or improve land, waters, property, highways, buildings, structures, equipment, or facilities of the state, its agencies, departments, institu tions, and those state authorities which were created and activated prior to the amendment adopted November 8, 1960, to Article VII, Section VI, Paragraph I(a) of the Constitution of 1945. General obligation debt may also be incurred to provide educational facilities for county and in dependent school systems. Guaranteed revenue debt may be incurred by guaranteeing the payment of revenue obligations issued by an instrumen tality of the state if such revenue obligations are issued to finance toll bridges, toll roads, or any other land public transportation facilities or systems, or water or sewage treatment facilities or systems, or to make or purchase, or lend or deposit against the security of, loans to citizens of the state for educational purposes; provided, however, that in no event shall general obligation debt or guaranteed revenue debt be incurred for water or sewage treatment facilities or systems for counties or municipal ities. General obligation debt or guaranteed revenue debt may be in curred to fund or refund any such debt or to fund or refund any obliga tions issued upon the security of contracts to which the second paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution of Georgia of 1976 is applicable. (c) No debt may be incurred under paragraph (3) of subsection (b) of this Code section at any time when the highest aggregate annual debt service requirements for the then current year or any subsequent year for 2700 JOURNAL OF THE SENATE outstanding general obligation debt and guaranteed revenue debt, includ ing the proposed debt, and the highest aggregate annual payments for the then current year or any subsequent fiscal year of the state under all contracts then in force to which the provisions of the second paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution of Georgia of 1976 are applicable exceed 10 percent of the total revenue receipts, less refunds of the state treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred. Within such limitation, the following limitations shall also be applicable: (1) No guaranteed revenue debt may be incurred to finance water or sewage treatment facilities or systems when the highest aggregate annual debt service requirements for the then current year or any subsequent fiscal year of the state for outstanding or proposed guaranteed revenue debt for water or sewage treatment facilities or systems exceed 1 percent of the total revenue receipts, less refunds, of the state treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred; (2) The aggregate principal amount of guaranteed revenue debt in curred to make loans to citizens of the state for educational purposes that may be outstanding at any time shall not exceed $18 million and the aggregate principal amount of guaranteed revenue debt incurred to make or purchase, or to lend or deposit against the security of, loans to citizens of the state for educational purposes that may be outstanding at any time shall not exceed $72 million; and (3) The issuance of any funding or refunding debt pursuant to this Code section shall be subject to the 10 percent limitation provided for herein to the same extent as debt incurred under this article; provided, however, that in making such computation the annual debt service re quirements and annual contract payments remaining on the debt or obli gations being funded or refunded shall not be taken into account. (d) For the purposes of subsection (c) of this Code section, annual debt service requirements shall mean the total principal and interest coming due in any fiscal year of the state; provided, however, that with regard to any issue of debt incurred wholly or in part on a term basis, annual debt service requirements shall mean an amount equal to the total principal and interest payments required to retire such issue in full di vided by the number of years from its issue date to its maturity date." Section 6. Said chapter is further amended by striking subsection (d) of Code Section 50-17-25 in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: "(d) (1) Every loan agreement and every evidence of indebtedness under a loan agreement shall be executed in the name of and for the state by the chairman and secretary of the commission. Every other evi dence of indebtedness, except those issued in connection with the incur ring of guaranteed revenue debt, shall be executed in the name of the state by the chairman and secretary of the commission and shall be sealed with the official seal of the commission or a facsimile thereof. Coupons shall be executed by the chairman of the commission. The fac- FRIDAY, MARCH 4, 1983 2701 simile signature of either the chairman or the secretary, or both, may be imprinted in lieu of the manual signature if the commission so directs, and the facsimile of the chairman's signature shall be used on coupons; provided, however, that the executive secretary may sign as secretary if the commission so directs. Evidence of indebtedness and interest coupons appurtenant thereto bearing the manual or facsimile signature of a per son in office at the time such signature was signed or imprinted shall be fully valid notwithstanding the fact that before or after the delivery thereof such person ceased to hold such office. (2) Each bond representing guaranteed revenue debt shall have stamped or printed thereon a certificate reading as follows: 'I hereby certify that the State of Georgia guarantees full payment of this obligation and the interest hereon in accordance with its terms and has pledged the full faith, credit, and taxing power of the state to such payment.' Immediately below the certificate shall appear the facsimile signa ture of the secretary of the commission. (3) Debt to be incurred at the same time for more than one purpose may be combined in one issue without stating the purposes separately, but the proceeds thereof must be allocated, disbursed, and used solely in accordance with the original purposes and without exceeding the princi pal amount authorized for each purpose set forth in the authorization of the General Assembly and to the extent not so used shall be used to purchase and retire public debt. (4) Every evidence of indebtedness shall be dated not later than the date the same was issued; shall contain a reference by date of the appro priate authorizing resolution pursuant to which the same was issued; and may, but need not, state the purpose for which the debt is being incurred. When debt is being incurred at the same time for more than one purpose, the statement 'for various purposes' shall be authorized. (5) Bonds issued as evidence of general obligation debt or guaran teed revenue debt shall have a certificate of validation bearing the fac simile signature of the clerk of the Superior Court of Fulton County, stating the date on which the bonds were validated as hereinafter pro vided, and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. The bonds may be sealed with the official seal of the Superior Court of Fulton County or a facsimile thereof. (6) The commission is authorized to use a standardized registered bond certificate. Such bond certificate may bear the facsimile signatures of the chairman and secretary of the commission and a manual authoriz ing signature of the registrar or transfer agent or an agent of the regis trar or transfer agent." Section 7. Said chapter is further amended by striking subsection (b) of Code Section SO-17-26, relating to evidences of indebtedness, generally, and substituting in lieu thereof a new subsection (b) to read as follows: 2702 JOURNAL OF THE SENATE "(b) (1) The fiscal officer of the state or his agent shall act as regis trar for evidences of indebtedness registrable as to principal or interest or both. No transfer of a registered evidence of indebtedness is valid unless made on the register maintained by the fiscal officer of the state or his agent for that purpose, and the state shall be entitled to treat the regis tered owner as the owner of such instrument for all purposes. Payment of principal and interest, when registered as to interest, of registered instru ments shall be by check to the registered owner as it appears on the register unless the commission has otherwise provided. The commission may make such other provisions respecting registration as it deems neces sary or useful. The fiscal officer of the state may employ out-of-state transfer agents or in-state transfer agents, or both, to perform registra tion duties or payment duties, or both, as agents of the fiscal officer of the state. (2) The commission may authorize debt having any provision for prepayment deemed necessary or useful, including the payment of any premium. (3) If any evidence of indebtedness becomes mutilated or is de stroyed, lost, or stolen, the commission shall execute and deliver a new bond or note of like date of issue, maturity date, principal amount, and interest rate per annum as the bond or note so mutilated, destroyed, lost, or stolen, upon exchange and substitution for such mutilated bond or note and in lieu of and substitution for the bond or note destroyed, lost, or stolen, upon filing with the commission evidence satisfactory to it that such bond or note has been destroyed, lost, or stolen and proof of owner ship thereof and upon furnishing the commission with indemnity satisfac tory to it and upon complying with other reasonable rules of the commis sion and paying expenses connected therewith. Any bond or note surrendered for exchange shall be canceled. As provided in connection with the issuance of replacement bonds or notes under this Code section, the commission shall have authority to print the new bonds with a valida tion certificate bearing the facsimile signature of the clerk of the superior court then in office; and such certificate shall have the same force and effect as in the first instance. All responsibility with respect to the issu ance of any such new bonds shall be on the commission and not on the clerk, and the clerk shall have no liability in the event an overissuance occurs. (4) Interest shall cease to accrue on public debt on the date that the debt becomes due for payment if the payment is made or duly provided for; but such debt and the accrued interest thereon shall continue to be public debt until 20 years overdue for payment. At that time, unless de mand for their payment has been made, they shall be extinguished and shall be deemed no longer outstanding. (5) Unless otherwise directed by the commission, every evidence of indebtedness and interest coupon paid or otherwise retired shall forthwith be marked 'canceled' and shall be delivered by the paying agent ac cepting payment thereof to the commission, which shall destroy them and provide a certificate of destruction to the fiscal officer of the state. (6) The fiscal officer of the state or his agent shall maintain records FRIDAY, MARCH 4, 1983 2703 containing a full and correct description of each evidence of indebtedness issued, identifying it and showing its date, issue, amount, interest rate, payment dates, payments made, registration, destruction, and every other relevant transaction. The use of depositories or immobilized or book-en try delivery systems, or both, may be authorized by the commission. (7) Records maintained by the commission, the fiscal officer of the state or his agents, or by any paying agent appointed by the commission which reveal the names or identities of registered holders of bonds or notes shall not be deemed public records. Any information concerning the identity or the name of registered holders of bonds or notes shall be released only upon direction or authorization by the commission." Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 9. All laws and parts of laws in conflict with this Act are repealed. Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 220. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd 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: Coleman Deal Land Littlefield Starr 2704 JOURNAL OF THE SENATE On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 220. The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon: 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. The Conference Committee report on HB 245 was as follows: The Conference Committee on HB 245 recommends that both the Sen ate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 245 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Wayne Garner Senator, 30th District /s/ Culver Kidd Senator, 25th District /s/ Floyd Hudgins Senator, 15th District FOR THE HOUSE OF REPRESENTATIVES: Jesse Copelan, Jr. Representative, 106th District /s/ Neal Shepard Representative, 71st District /s/ Mike Padgett Representative, 86th District Conference Committee substitute to HB 245: A BILL TO BE ENTITLED AN ACT To amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to issuance of bad checks, so as to provide that restitution may be made while an offender serves a probated or suspended sentence; to provide that the extender of credit is entitled to a bad check charge under certain circumstances; to provide for the amount of such bad check charge; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 16-9-20 of the Official Code of Georgia An- FRIDAY, MARCH 4, 1983 2705 notated, relating to issuance of bad checks, is amended by striking para graph (4) of subsection (b) of said Code section and inserting in its place a new paragraph (4) to read as follows: "(4) Upon conviction of a first or any subsequent offense under this subsection or subsection (c) of this Code section, in addition to any other punishment provided by this Code section, the defendant shall be re quired to make restitution of the amount of the check, together with all costs of bringing a complaint under this Code section. Restitution may be made while the defendant is serving a probated or suspended sentence." Section 2. Said Code section is further amended by adding at the end thereof a new subsection, to be designated subsection (i), to read as follows: "(i) Notwithstanding paragraph (2) of subsection (a) of this Code section or any other law on usury, charges, or fees on loans or credit extensions, any lender of money or extender of other credit who receives a check, draft, negotiable order of withdrawal, or like instrument drawn on a bank or other depository institution given by any person in full or partial repayment of a loan, installment payment, or other extension of credit may, if such instrument is not paid or is dishonored by such insti tution, charge and collect from the borrower or person to whom the credit was extended a bad check charge of not more than the greater of either $10.00 or an amount equal to the actual charge made to the credi tor by the depository institution for the return of the unpaid or dishon ored instrument. This charge shall not be deemed interest or a finance or other charge made as an incident to or as a condition to the granting of the loan or other extension of credit and shall not be included in deter mining the limit on charges which may be made in connection with the loan or extension of credit or any other law of this state." Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Garner of the 30th moved that the Senate adopt the Conference Commit tee report on HB 245. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton 2706 Howard Hudgins Huggins Kennedy Lan(j Lester Littlefield JOURNAL OF THE SENATE McGill Perry Phillips Scott Qf 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker Voting in the negative were Senators Deal and Peevy. Not voting were Senators McKenzie and Starr. On the motion, the yeas were 52, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on HB 245. The following local bills of the Senate were taken up for the purpose of consider ing the Conference Committee reports thereon: 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. The Conference Committee report on SB 278 was as follows: The Conference Committee on SB 278 recommends that both the Sen ate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to SB 278 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Carl Harrison Senator, 37th District /s/ Haskew Brantley Senator, 56th District /s/ Joe Thompson Senator, 32nd District FOR THE HOUSE OF REPRESENTATIVES: /s/ Fred Aiken Representative, 21st District /s/ William A. Atkins Representative, 21st District Steve Thompson Representative, 20th District FRIDAY, MARCH 4, 1983 2707 Conference Committee substitute to SB 278: A BILL TO BE ENTITLED AN ACT To amend an Act consolidating the offices of tax collector and tax re ceiver of Cobb County into the one office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4756), so as to change the provisions relating to the compensation of the tax commis sioner and his chief clerk; 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 consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4756), is amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: "Section 3. The tax commissioner shall receive an annual salary of $35,150.00, to be paid in equal monthly installments from county funds. The tax commissioner shall be allowed one chief clerk whose annual sal ary shall be $31,535.00, to be paid in equal monthly installments from the funds in the county treasury. Any candidate for the office of tax com missioner of Cobb County shall, on the date of his qualifying for such office in either a primary or a general election, certify to the judge of the Probate Court of Cobb County the name of the person he shall appoint as his chief clerk in the event he is elected to the office of tax commis sioner of Cobb County; and the person so named shall serve as the chief clerk during the term for which he was so named. In the event of the death or removal from office of said chief clerk, the tax commissioner of Cobb County shall have 30 days from said date of death or removal from office of said chief clerk to certify to the judge of the Probate Court of Cobb County the name of the chief clerk to be appointed by him." Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Harrison of the 37th moved that the Senate adopt the Conference Com mittee report on SB 278. On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 278. 2708 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. The Conference Committee report on SB 280 was as follows: The Conference Committee on SB 280 recommends that both the Sen ate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to SB 280 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Carl Harrison Senator, 37th District /s/ Haskew Brantley Senator, 56th District /s/ Joe Thompson Senator, 32nd District FOR THE HOUSE OF REPRESENTATIVES: /s/ Fred Aiken Representative, 21st District /s/ William A. Atkins Representative, 21st District Steve Thompson Representative, 20th District Conference Committee substitute to SB 280: A BILL TO BE ENTITLED AN ACT To amend an Act changing the boundaries of the seven education dis tricts of the Cobb County School District, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4176), so as to change the provisions relating to the com pensation of the chairman and other members of the board of education; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act changing the boundaries of the seven education dis tricts of the Cobb County School District, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4176), is amended by striking subsection (d) of Section 2 in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: "(d) Each member of the board of education of Cobb County, ex cept for the chairman, shall receive an annual salary of $6,600.00, to be paid in equal monthly installments from the funds of the board of educa- FRIDAY, MARCH 4, 1983 2709 tion. The chairman shall receive an annual salary of $7,800.00, to be paid in equal monthly installments from the funds of the board of education." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Harrison of the 37th moved that the Senate adopt the Conference Com mittee report on SB 280. On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 280. The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Starr of the 44th moved that the Senate insist upon its disagreement to the House amendment to the Senate substitute to HB 532. On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon its disagreement to the House amendment to the Senate substitute to HB 532. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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. 2710 JOURNAL OF THE SENATE The House substitute to SB 277 was as follows: 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 Georgia manufac tured lumber 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 con tractors and provide for enforcement; to provide for a termination date; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 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) 'Georgia manufactured lumber products' means lumber products produced in the State of Georgia. (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. (b) (1) For every contract and subcontract for the construction, re construction, alteration, repair, improvement, or maintenance of any pub lic works in which any lumber products are to be supplied in the per formance of the contract or subcontract, every governmental agency shall, at its option, either: (A) Require that only Georgia manufactured lumber products shall be supplied; or (B) Allow the use of non-Georgia manufactured lumber only upon the. agency's determination, after the receipt of offers or bids, that the cost of Georgia manufactured lumber products is unreasonable or that Georgia lumber products are not produced in sufficient quantities to meet the contract requirements or to provide a competitive bidding environment. This Code section shall not apply to any public works contract awarded in an amount of less than $50,000.00. FRIDAY, MARCH 4, 1983 2711 (2) The offered or bid price of Georgia manufactured lumber prod ucts is not unreasonable unless it is more than the offered or bid price of other domestic or foreign made lumber products. (3) The agency shall be the judge as to whether the Georgia manu factured supply is adequate to ensure a competitive bidding environment. (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 Georgia manufactured lumber products. Payments made by a governmental agency to any contractor not complying with this Code section may be recovered by the agency from the contractor or the contractor's bonding company. (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 Gillis of the 20th moved that the Senate agree to the House substitute to SB 277. 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 Coggin Coleman Coverdell Dawkins Deal Dean English Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Huggins Kennedy Kidd Land 2712 JOURNAL OF THE SENATE tester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Thompson Timmons Trulock lurner Tysinger Walker Those not voting were Senators: Broun of 46th Engram Howard Hudgins Starr Tate On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 277. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: 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. Senate Sponsor: Senator Scott of the 43rd. The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 420: A BILL TO BE ENTITLED AN ACT 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 bro kers; to provide for the deduction from state tax of license fees paid to municipal corporations; to provide for the imposition of taxes upon insur ance companies by counties and municipal corporations based upon gross direct premiums; to provide for exemptions from such taxation; to provide for credits and deductions from state tax of taxes paid counties and munici pal corporations; to provide procedures for the collection and distribution of such taxes; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 8 of Title 33 of the Official Code of Georgia An- FRIDAY, MARCH 4, 1983 2713 notated, relating to insurance fees and taxes, is amended by striking Code Section 33-8-8, relating to imposition of local license fees upon insurance companies, in its entirety and inserting in its place a new Code Section 33-88 to read as follows: "33-8-8. (a) Except as otherwise provided in this chapter, the State of Georgia preempts the field of imposing taxes, except taxes on real property and tangible personal property taxed ad valorem, upon insur ance companies and their agents and other representatives, including, but not limited to, excise, privilege, franchise, income, license, permit, regis tration, and similar taxes and fees measured by premiums, income, or volume of transactions; and no county or unincorporated area of such county, city, municipality, district, school district, or other political sub division or agency of this state shall impose, levy, charge, or require the same, except as provided in this chapter. (b) Municipal corporations are authorized, in conformity with the requirements of their charters, to impose and collect the following license fees upon life insurance companies for the privilege of engaging in the business of insurance within said municipal corporation: (1) An annual license fee on each life insurance company doing bus iness within the municipal corporate limits not to exceed the following schedule: Population of Municipal Corporation Amount Under 1,000 .....................................$ 15.00 1,000 -- 1,999 ....................................... 25.00 2,000 -- 4,999 ....................................... 40.00 5,000 -- 9,999 ....................................... 50.00 10,000 -- 24,999 ....................................... 75.00 25,000 -- 49,999 ...................................... 100.00 50,000 and over......................................... 150.00 and an additional annual license fee in the same amount for each sepa rate business location in excess of one operated and maintained by such company within the same municipality; and (2) An additional annual license fee of $10.00 or 35 percent of the schedule set forth in paragraph (1) of this subsection, whichever amount is greater, on each life insurance company for each separate business lo cation not otherwise subject to a license fee under this Code section, which company is operated and maintained by a business organization which is engaged in the business of lending money or transacting sales involving term financing and which, in connection with the loans or sales involving term financing, offers, solicits, or takes applications for insur ance through a licensed agent of the insurance company for life insurance. (c) Within 45 days after the date of their enactment, each municipal corporation shall file with the Commissioner a certified copy of the perti nent parts of all ordinances and amendments thereto which impose any such license fee, and such filing shall be a condition to the validity and enforceability of such an ordinance. 2714 JOURNAL OF THE SENATE (d) Life insurance agencies which are maintained and operated by a company may not be separately licensed by municipal corporations ex cept under the provisions of this Code section; but nothing contained in this Code section shall prevent municipal corporations from separately imposing and collecting business licenses from independent insurance agencies or brokers doing a life insurance business not otherwise taxed under this Code section. No such license may be imposed on such inde pendent agents or brokers, which license is measured by the premiums of life insurance companies. (e) Life insurance companies may deduct from premium taxes oth erwise payable to this state under Code Section 33-8-4, in addition to all credits and abatements allowed by law, the license fees imposed pursuant to this Code section and paid to any municipal corporation during the preceding calendar year. (f) As used in this Code section, the term 'life insurance company' means a company which is authorized to transact only the class of insur ance designated in Code Section 33-3-5 as class (1)." Section 2. Said chapter is further amended by striking in its entirety Code Section 33-8-8.1, relating to county tax on life insurance companies, and inserting in its place a new Code Section 33-8-8.1 to read as follows: "33-8-8.1. (a) As used in this Code section, the term 'life insurance company' means a company which is authorized to transact only the class of insurance designated in Code Section 33-3-5 as class (1). (b) Life insurance companies are subject to county and municipal corporation taxes levied as follows: (1) There is imposed a county tax for county purposes on each life insurance company doing business within the state, which tax shall be based solely upon gross direct premiums, as defined in Code Section 338-4, which are received from policies insuring persons residing within the unincorporated area of the counties pursuant to the provisions of this Code section. The rate of such tax shall be 1 percent of such premiums, except that such tax shall not apply to the gross direct premiums of an insurance company which qualifies, pursuant to Code Section 33-8-5, for the reduction to one-half of 1 percent of the state tax imposed by Code Section 33-8-4. The tax imposed by this Code section shall not apply to annuity considerations; and (2) Municipal corporations whose ordinances have been filed with the commissioner are authorized, in conformity with the requirements of their charters, to impose a tax on each life insurance company doing bus iness within the state, which tax shall be based solely upon the gross direct premiums, as defined in Code Section 33-8-4, which are received from policies insuring persons residing within the corporate limits of the municipal corporation pursuant to the provisions of this Code section; provided, however, that the rate of the tax may not exceed 1 percent of the premiums. The tax imposed shall not apply to annuity considerations. (c) Taxes imposed by subsection (b) of this Code section shall be collected by the Commissioner on behalf of counties and municipal cor- FRIDAY, MARCH 4, 1983 2715 porations whose ordinances have been filed with the Commissioner in the same manner and on the same dates and subject to the same penalties as prescribed in Code Section 33-8-6. (d) Taxes imposed by subsection (b) of this Code section and penal ties shall be allocated and distributed to counties and municipal corpora tions as follows: (1) A portion of the total amount of life insurance premiums taxable by the state, exclusive of premiums collected by companies which qualify for the reduction to one-half of 1 percent of the state tax, shall be allo cated to counties based upon the ratio that the total population of all unincorporated areas in the state bears to the total population in the state. The amount of the tax base so allocated to counties shall be taxed at the rate levied for county purposes. The tax shall be distributed to each county governing authority by the Commissioner based upon a frac tion, the numerator of which is the population of the unincorporated area of that county and the denominator of which is the population of all un incorporated areas of the state; and (2) A portion of the total amount of life insurance premiums taxable by the state shall be allocated to all municipal corporations based upon the ratio that the total population of all municipal corporations bears to the total state population. The amount of the tax base so allocated to municipalities shall be distributed to each municipal corporation based upon the fraction, the numerator of which is the population of that mu nicipal corporation and the denominator of which is the population of all municipal corporations in the state. The amount of the tax base so dis tributed to each municipality shall be taxed at the rate levied by that municipality; and taxes levied by each municipal corporation shall be dis tributed based upon the tax rate levied by each such municipal corporation. (e) On or before January 1 of the first year that the tax is levied, each municipal corporation levying the tax shall file with the Commis sioner a certified copy of the pertinent parts of all ordinances and amend ments thereto which impose the tax, and such filing shall be a condition to the validity and enforceability of such an ordinance. On or before Feb ruary 1 of each year the Commissioner shall furnish a list of all munici pal corporations levying the tax for that year to each life insurance com pany in the state. (0 Life insurance companies may deduct from premium taxes other wise payable to this state under Code Section 33-8-4, in addition to all credits and abatements allowed by law, the taxes imposed pursuant to subsection (b) of this Code section and paid to the Commissioner on be half of any county and municipal corporation during the preceding calen dar year. (g) The Commissioner shall make semi-annual distributions of the taxes and penalties imposed by counties and municipal corporations under this Code section which are actually remitted to and collected by the Commissioner. Beginning on June 1, 1984, and on the same date thereafter, distribution shall be made and it shall include the total 2716 JOURNAL OF THE SENATE amount of tax collected for the preceding year after deduction for distri bution of any estimated taxes already made for premiums written during the preceding year. Beginning on December 1, 1984, and on the same date thereafter, distribution shall be made and it shall include the amount of estimated taxes paid for the first two calendar quarters of the current year. (h) Amounts collected by the Commissioner under or due under for mer Code Section 33-8-8.1 shall be collected and disbursed as provided in former Code Section 33-8-8.1. (i) For purposes of this Code section, population shall be measured by the decennial census of 1980 or any future such census and any addi tional official census data received by the Commissioner from the United States Census Bureau or its successor agency pertaining to any newly incorporated municipality." Section 3. Said chapter is further amended by adding a new Code section after Code Section 33-8-8.1, to be designated as Code Section 33-88.2, which shall read as follows: "33-8-8.2 (a) Counties and municipal corporations are authorized to levy tax at a rate not to exceed 2.5 percent upon the gross direct premi ums of all foreign, alien, and domestic insurance companies doing busi ness in this state other than life insurance companies. The tax shall be in addition to the taxes levied by Code Section 33-8-4, and it may be levied upon the gross direct premiums received by such companies on or after January 1, 1984. The tax shall be levied upon premiums derived from policies insuring persons, property, or risks in Georgia from January 1 to December 31, both inclusive, of each year without regard to business ceded to or assumed from other companies. The tax shall be imposed upon gross premiums received from direct writing without any deduc tions allowed from premium abatement of any kind or character or for reinsurance or for losses or expenses of any kind; provided, however, de ductions shall be allowed for premiums returned or change of rate or cancelled policies; provided, further, that deductions shall be permitted for returned premiums or assessments, including all policy dividends, re funds, or other similar returns paid or credited to policyholders. (b) Whenever any domestic insurance company shall have at least 60 percent of its total assets invested in property located in Georgia, then the gross premium tax levied by this Code section shall be abated or reduced to 2 percent upon the gross premiums of any company subject to taxation by this Code section. (c) The taxes provided in this Code section are county and munici pal taxes and shall be levied for county and municipal purposes and shall be collected and distributed as follows: (1) On or before January 1 of the first year that the tax is levied, each county and municipal corporation levying the tax shall file with the Commissioner a certified copy of the pertinent parts of all ordinances and resolutions and amendments thereto which impose the tax, and such filing shall be a condition to the validity and enforceability of such an ordinance or resolution; FRIDAY, MARCH 4, 1983 2717 (2) On or before February 1 of each year, the Commissioner shall furnish to each insurance company a list of all counties and municipal corporations where the tax as authorized by this Code section has been imposed for the then current year together with the applicable tax rate levied by each such county and municipal corporation and the population percentages by which the taxes are to be allocated to each such county and municipal corporation as provided in this Code section; (3) The tax imposed by this Code section shall be collected by the Commissioner on behalf of counties and municipal corporations whose ordinances and resolutions have been filed with the Commissioner in the same manner and on the same dates and subject to the same penalties as prescribed in Code Section 33-8-6; (4) The total amount of premiums taxable by the state on insurance companies as defined in this Code section shall be allocated to each county unincorporated area and each municipal corporation based upon a fraction, the numerator of which is the population of the unincorporated area or municipal corporation and the denominator of which is the total population of the state. Tax rates levied by each county shall be applied to the premiums allocated to its unincorporated area, and tax rates levied by each municipal corporation shall be applied to the premiums allocated to it; and (5) The Commissioner shall make semi-annual distributions of the taxes and penalties imposed by counties and municipal corporations under this Code section which are actually remitted to and collected by the Commissioner. Beginning on June 1, 1984, and on the same date thereafter, distribution shall be made and it shall include the total amount of tax collected for the preceding year after deduction for distri bution of any estimated taxes already made for premiums written during the preceding year. Beginning on December 1, 1984, and on the same date thereafter, distribution shall be made and it shall include the amount of estimated taxes paid for the first two calendar quarters of the current year. (d) For purposes of this Code section, population shall be measured by the decennial census of 1980 or any future such census and any addi tional official census data received by the Commissioner from the United States Census Bureau or its successor agency pertaining to any newly incorporated municipality. (e) Any county or municipal corporation which, on January 1, 1983, levied a tax on all premiums of insurance companies, other than life in surance companies, at a rate in excess of 2.5 percent may continue to levy the tax at a rate in excess of 2.5 percent; provided that the rate of such tax shall not exceed the rate which was in effect in such county or municipal corporation on January 1, 1983, reduced annually beginning January 1, 1984, by one-half of the difference between such January 1, 1983, rate and 2.5 percent, so that the rate levied on January 1, 1985, shall not exceed 2.5 percent." Section 4. Said chapter is further amended by adding a new Code 2718 JOURNAL OF THE SENATE section after Code Section 33-8-8.2, to be designated as Code Section 33-88.3, to read as follows: "33-8-8.3. The proceeds from the county taxes levied for county pur poses, as provided by this chapter, shall be separated from other county funds and shall be used by county governing authorities solely for the purpose of reducing ad valorem taxes of the inhabitants of the unincorpo rated areas of such counties. In fixing the ad valorem tax millage rate for the year 1984 and any year thereafter, the governing authorities of coun ties shall be authorized and directed to reduce such ad valorem tax mil lage rate on taxable property within the unincorporated areas of such counties to offset all of the proceeds derived from any tax provided for in this chapter. Those counties operating under a tax cap; the proceeds from this tax shall be included for the purposes of computing the tax cap." Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall apply to all tax years beginning on or after January 1, 1984. Section 6. All laws and parts of laws in conflict with this Act are repealed. Senator Scott of the 43rd offered the following amendment: Amend the substitute to HB 420 offered by the Senate Committee on Federal, State and Community Affairs by striking from line 28 of Page 10 the following: "one-hair', and inserting in lieu thereof the following: "one-third". By striking from line 30 of Page 10 the following: "1985", and inserting in lieu thereof the following: "1986". On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted. Senator Cobb of the 28th offered the following amendment: Amend the substitute to HB 420 offered by the Senate Committee on Federal, State and Community Affairs by striking all matter on lines 19 through 24 of Page 8. By striking from line 25 of Page 8 the designation "(c)" and inserting in its place the designation "(b)". FRIDAY, MARCH 4, 1983 2719 By striking from line 14 of Page 10 the designation "(d)" and inserting in its place the designation "(c)". By striking from line 20 of Page 10 the designation "(e)" and inserting in its place the designation "(d)". On the adoption of the amendment, the yeas were 35, nays 1, and the amendment was adopted. On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker 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 Hudgins Huggins Kennedy Kidd Land tester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker Those voting in the negative were Senators: Barnes Bond Coverdell Harrison Howard Scott of 36th Tate Not voting was Senator Bowen. On the passage of the bill, the yeas were 48, nays 7. 2720 JOURNAL OF THE SENATE The bill, having received the requisite constitutional majority, was passed by substitute. The following resolution of the Senate was read and adopted: SR 259. By Senators Kennedy of the 4th, Coleman of the 1st, Bryant of the 3rd and others: A resolution commending the Honorable Bo Ginn on his ten years of out standing service to the people of the First Congressional District and the nation. Senator Kennedy of the 4th introduced former Congressman Bo Ginn, who briefly addressed the Senate. 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 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. Senate Sponsor: Senator Kidd of the 25th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison Hill Hine Horton Howard Hudgins Huggins Kennedy Kidd FRIDAY, MARCH 4, 1983 2721 Land tester LMitctGleiflileld Peevy Perry Phillips Scott of 2nd SSctaortrt of 43rd Tate Thompson Timmons Trulock TTurner Tysinger Walker Those not voting were Senators: Barker Bowen Cobb Coggin Fincher Holloway McKenzie Scott of 36th Stumbaugh On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. 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 Barnes 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 Huggins Kennedy Kidd Land Lester 2722 Littlefield McGill McKenzie Peevy Perry Phillips JOURNAL OF THE SENATE Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Barker Bond Bowen Brannon Fincher Harrison Holloway Hudgins On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 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. Senate Sponsor: Senator Land of the 16th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On 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 Broun of 46th Burton Coggin Coverdell Deal English Engram Fincher Foster Garner Greene Harrison Hine Holloway Huggins Land Littlefield Phillips Scott of 36th Tate Thompson Trulock Turner Tysinger Walker FRIDAY, MARCH 4, 1983 2723 Those voting in the negative were Senators: Barnes Bowen Brannon BrTnt ot,b Coleman Dawkins Dean Hill Horton Howard HudginS Kennedy Kidd tester McGill McKenzie Peevy Perry Scott f 2nd Scott of 43rd Starr Stumbaugh Timmons Not voting were Senators Gillis and Harris. On the passage of the bill, the yeas were 29, nays 25. The bill, having received the requisite constitutional majority, was passed. Senator Scott of the 43rd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 93. The President stated that, as provided for in Senate Rule 99, he would set the time to entertain the motion to reconsider immediately following the Senate's action on HB 138 on the Senate Rules Calendar for today. 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 substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House: HB 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 Speaker has appointed on the part of the House: Representatives Snow of the 1st, Karrh of the 109th and Lawson of the 9th. 2724 JOURNAL OF THE SENATE The House has disagreed to the Senate substitute to the House substitute to the following bill of the Senate: SB 81. By Senator Coverdell of the 40th: A bijl to amend Part 9 of the 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 may remain members of local retirement systems. The House has disagreed to the Senate substitute to the following bill of the House: 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. The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House: 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 provision of Article 2 of said chapter, known as the "Fair Em ployment Practices Act of 1978." The House has disagreed to the Senate amendment to the following resolution 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 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 pres ent term of office. FRIDAY, MARCH 4, 1983 2725 The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Deal of the 49th moved that the Senate adhere to the Senate substitute to HB 121, and that a Conference Committee be appointed. On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 121. The President appointed as a Conference Committee on the part of the Senate the following: Senators Deal of the 49th, Hine of the 52nd and Kidd of the 25th. Time having arrived for the entertainment of the reconsideration motion, Senator Peevy of the 48th moved that the Senate reconsider its action previously today in de feating the following bill of the House: 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. On the motion, the yeas were 31, nays 7; the motion prevailed, and HB 236 was reconsidered and placed at the foot of the Senate General Calendar. Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair. 2726 JOURNAL OF THE SENATE The following general resolutions of the House, favorably reported by the commit tees, were read the third time and put upon their adoption: 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. Senate Sponsors: Senators Holloway of the 12th and Walker of the 19th. 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 Bond Bowen Brantley Brown of 47th Bryant Burton Coggin Coverdell Dawkins Deal English Engram Fincher Foster Garner Gillis Greene Harrison Hill Hine Holloway Horton Howard Huggins Kidd Land Lester McGill McKenzie Peevy Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Turner Tysinger Walker Those not voting were Senators: Barnes Brannon Broun of 46th Cobb Coleman Dean Harris Hudgins Kennedy (presiding) Littlefield Perry Timmons Trulock On the adoption of the resolution, the yeas were 43, nays 0. The resolution, having received the requisite constitutional majority, was adopted. FRIDAY, MARCH 4, 1983 2727 HR 287. By Representatives Childs of the 53rd, Murphy of the 18th, Mostiler of the 75th and others: A resolution urging the Department of Human Resources to comply with Resolution No. 199, Ga. L. 1982, p. 1352, which urged the transfer of state property owned by the Department of Human Resources to the American Heart Association for the purpose of constructing the State Headquarters Building. Senate Sponsor: Senator Howard of the 42nd. The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coggin Coleman Dawkins Deal English Engram Fincher Foster Garner Gillis Greene Harrison Hill Hine Holloway Horton Hudgins Huggins Kidd Land Lester McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Walker Those not voting were Senators: Barnes Bowen Cobb Coverdell Dean Harris Howard Kennedy (presiding) Littlefield McKenzie Trulock Tysinger On the adoption of the resolution, the yeas were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 2728 JOURNAL OF THE SENATE The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Lester of the 23rd moved that the Senate insist upon the Senate substitute to HB 440. On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 440. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: 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. Senate Sponsor: Senator Trulock of the 10th. The following fiscal note, as required by law, was read by the Secretary: Department of Audits 115 State Capitol Atlanta, Georgia 30334 MEMORANDUM TO: The Honorable Rudolph Johnson, Chairman House Retirement Committee FROM: William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget DATE: January 20, 1983 SUBJECT: Fiscal Note--House Bill 138 (LC 6 4812-EC) Teachers' Retirement System (TRS) FRIDAY, MARCH 4, 1983 2729 This Bill would allow retired teachers to return to service on a parttime, hourly basis as classroom aides or substitute teachers without having their benefits suspended or rejoining the system and accruing additional re tirement credits. Such retirees would continue to receive postretiremen! ben efit adjustments during the period of part-time service. Currently, benefi ciaries returning to service as a teacher must either cease receiving a retirement allowance and again become a contributing member or suspend receipt of a retirement allowance until cessation of service and not reinstate membership in the system. The actuary for TRS has stated that this Bill would have a negligible financial impact on the system. It should be noted that current law does not define part-time service. /s/ W. M. Nixon State Auditor /s/ C. T. Stevens, Director Office of Planning and Budget Senator Tate of the 38th offered the following amendment: Amend HB 138 as follows: By inserting a new sentence at the end of line 25 of Page 1 immediately preceding the quotation mark to read as follows: "A beneficiary may be employed pursuant to the authority of this subsection only if another qualified applicant is not available for employ ment as a part-time classroom aide or as a substitute teacher." The following fiscal note, as required by the Rules of the Senate, was read by the Secretary: Department of Audits 115 State Capitol Atlanta, Georgia 30334 MEMORANDUM TO: The Honorable Rudolph Johnson, Chairman House Retirement Committee FROM: William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget DATE: February 18, 1983 SLBJECT. Fiscal Note--Amendment to House Bill 138 (LC 6 4812-EC) (AM 7 0528) Teachers' Retirement System (TRS) The amended version of this Bill would allow retired teachers to return 2730 JOURNAL OF THE SENATE to service on a part-time, hourly basis as classroom aides or substitute teach ers without having their benefits suspended or rejoining the system and ac cruing additional retirement credits. Such retirees would continue to receive postretirement benefit adjustments during the period of part-time service. Beneficiaries may be employed pursuant to this Bill only if another qualified person is not available for part-time employment as a classroom aide or as a substitute teacher. Currently, beneficiaries returning to service as a teacher must either cease receiving a retirement allowance and again become a con tributing member or suspend receipt of a retirement allowance until cessa tion of service and not reinstate membership in the system. The actuary for TRS has stated that this Bill would have a negligible financial impact on the system. It should be noted that current law does not define part-time service. /&! W. M. Nixon State Auditor /s/ C. T. Stevens, Director Office of Planning and Budget Senator Kidd of the 25th moved the previous question. On the motion, the yeas were 44, nays 0; the motion prevailed, and the previous question was ordered. On the adoption of the amendment offered by Senator Tate of the 38th, Senator Tate 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 8011(1 |*owen CBorraygnagtnilntev Coleman Coverdell English Fincher Gillis Greene Harrison HHoolrltoownay' Huggins Kidd Land Littlefield McGill Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Walker Those voting in the negative were Senators: Barnes Brannon Broun of 46th Brown of 47th Burton Cobb Dawkins Deal Dean Engram Foster Garner Harris Hill Hine Hudgins Lester McKenzie FRIDAY, MARCH 4, 1983 2731 Peevy Perry Phillips Starr Timmons Trulock Turner Tysinger Not voting were Senators Howard and Kennedy (presiding). On the adoption of the amendment, the yeas were 28, nays 26, and the amend ment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barnes Bond Bowen Brannon Brantley 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 Kidd 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 voting in the negative were Senators: Barker Land Burton Thompson Not voting were Senators Harrison and Kennedy (presiding). On the passage of the bill, the yeas were 50, nays 4. The bill, having received the requisite constitutional majority, was passed as amended. 2732 JOURNAL OF THE SENATE The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon: 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. The Conference Committee report on HB 325 was as follows: The Conference Committee on HB 325 recommends that both the Sen ate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 325 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Roy E. Barnes Senator, 33rd District /s/ Richard L. Greene Senator, 26th District /s/ Julian Bond Senator, 39th District FOR THE HOUSE OF REPRESENTATIVES: /s/ Wayne Snow Representative, 1st District /s/ Larry Walker Representative, 115th District /s/ Randolph C. Karrh Representative, 109th District Conference Committee substitute to HB 325: A BILL TO BE ENTITLED AN ACT 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; to correct punctuation; 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 departmen tal hearings; to provide for contracts; to provide for fees; to repeal conflict ing laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," is amended by striking Code Section 19-11-14, relating to the liability of the father for support of a child born out of wedlock, in its entirety and inserting in lieu thereof a new Code Section 19-11-14 to read as follows: FRIDAY, MARCH 4, 1983 2733 "19-11-14. Whenever a man has been adjudicated by a court of competent jurisdiction as the father of a child born out of wedlock or whenever he has acknowledged paternity under oath in an administrative hearing, in court, or by verified writing, he shall be legally liable for the support of the child in the same manner as he would owe the duty of support if the child were his child born in wedlock. The right of the child born out of wedlock to receive such support is enforceable in a civil ac tion, notwithstanding any other provision of law." Section 2. Said article is further amended by striking Code Section 19-11-19, relating to garnishment and orders to withhold and deliver in child support cases, and inserting in its place a new Code section to read as follows: "19-11-19. (a) For purposes of this Code section, the term: (1) 'Disposable earnings' shall be construed to mean that part of the earnings of an individual remaining after the deduction from those earn ings of the amounts otherwise required by law to be withheld plus any premium for group accident and health insurance offered by the em ployer, if any. (2) 'Earnings' shall be construed to mean compensation paid or pay able for personal services, whether denominated as wages, salary, com mission, bonus, or otherwise, and includes periodic payments pursuant to pension or retirement programs or insurance policies of any type and in cludes unemployment compensation. (b) If, after a court has issued a civil order directing child support be paid, or having received notice of the final determination of his sup port obligation, or having entered into a written agreement with the de partment to provide child support as provided in Code Section 19-11-15, the responsible parent fails to make the support payments within 30 days of the due date specified by the court order for child support of a civil nature, by the final determination or by a court order in affirmance of the final determination, or by the written support agreement, then the de partment shall be entitled to the process of garnishment of disposable earnings as in cases where judgment has been obtained or shall be au thorized to issue an order to withhold and deliver. (c) Except in cases of a court order for child support of a civil na ture, prior to the institution of garnishment proceedings or the issuance of an order to withhold and deliver, the department shall conduct a hear ing to determine finally: (1) Whether the responsible parent as a defense or other legal ex cuse for his failure to make support payments; and (2) The amount of support payments which are due and owing. (d) The responsible parent shall be given at least 15 days' notice of the hearing required by subsection (c) of this Code section, which notice shall specify the amount of support payments claimed to be overdue. (e) After a final determination required by subsection (c) of this 2734 JOURNAL OF THE SENATE Code section that the responsible parent had no legal excuse for failing to make support payments when due, the department shall be authorized to initiate garnishment proceedings of disposable earnings under subsection (0 of this Code section or issue an order to withhold and deliver disposa ble earnings under subsection (g) of this Code section. (f) Pursuant to subsection (e) of this Code section, the department may initiate garnishment proceedings by causing to be made an affidavit stating the amount claimed to be due and attaching thereto a certified copy of the final determination. Bond shall not be required. All subse quent proceedings shall be the same as provided by law in relation to garnishments in other cases where judgment has been obtained. (g) (1) Pursuant to subsection (e) of this Code section, the depart ment may issue to any employer of the responsible parent an order to withhold and deliver to the department the disposable earnings which are due, owing, or belonging to the responsible parent; provided, however, that the maximum part of the aggregate disposable earnings of the re sponsible parent which may be subject to such an order shall not exceed that amount which is allowed by law to be subject to garnishment. The order to withhold and deliver shall be served at the same time on the employer and on the responsible parent either personally or by certified mail, return receipt requested, and shall include a statement as to the legal authority of the department to make such an order, the amount of the debt owing to the department, the amount of disposable earnings to be withheld and delivered to the department, and a summary of subsec tion (a) of this Code section and paragraph (2) of this subsection. Any employer of the responsible parent upon whom service is made is re quired to answer the order to withhold and deliver within 20 days, exclu sive of the day of service, under oath and in writing, and shall file true answers to the matters inquired of therein. Based upon the answer filed by the employer, the department shall determine whether to rescind or continue the order to withhold and deliver. In the event there is in the possession of the employer any portion of the disposable earnings of the responsible parent which may be subject to the claim of the department under this article, the amount shall be withheld immediately upon receipt of the order to withhold and deliver and shall, after the 20 day period, be delivered forthwith to the department. The order to withhold and deliver shall continue to operate and require each employer to withhold and de liver to the department such amount of disposable earnings at each suc ceeding earnings disbursement interval until the entire overdue amount of the child support debt has been paid or until the department, after a redetermination based on change of circumstances, shall release the em ployer from the order to withhold and deliver. Delivery by the employer to the department of disposable earnings ordered to be withheld shall serve as full compliance with this article. (2) Any employer which fails to answer an order to withhold and deliver within the time prescribed in this subsection or fails or refuses to deliver money pursuant to the order shall be liable to the department in an amount equal to 100 percent of the value of the debt which is the basis of the order, together with costs, interest, and reasonable attorney fees. FRIDAY, MARCH 4, 1983 2735 Section 3. Said article is further amended by striking Code Section 19-11-23, relating to authority of district attorneys, and inserting in its place a new Code section to read as follows: "19-11-23. The district attorneys of this state shall be authorized to render such assistance to the department as the department may request and to file and prosecute, in any of the several courts of this state or of the United States, such civil or criminal actions on behalf of the depart ment as may be necessary to ensure the proper enforcement of this arti cle. In those cases in which the department contracts with the district attorneys of this state for services pursuant to this title, the department shall not require non-AFDC services in the collection of child support as a condition for contracting with the district attorneys." Section 4. Said article is further amended by adding at the end of Code Section 19-11-8, relating to support enforcement services, a new sub section (c) to read as follows: "(c) The department shall develop a sliding scale application fee based on the applicant's income. The fee schedule will be reflected in standards established by the board but may be altered by the board in order to provide flexibility; and it is intended that the fee schedule be equitable and designed to recoup costs as nearly as possible. No fee for services shall be required if such requirement would result in the loss of federal funds to the department or any other entity. The fee will be re quired for the provision of non-AFDC services and will be in favor of the contracted district attorney in any circuit where that district attorney elects to include the non-AFDC collection in any contract with the de partment. In those cases where the district attorney does not contract for the non-AFDC function and it is performed under contract on behalf of the department, such fees shall be handled in accordance with Code Sec tion 45-12-92. It is expressly provided that this subsection is supplemen tary to and not in derogation of any other provisions of the law." Section 5. All laws and parts of laws in conflict with this Act are repealed. Senator Greene of the 26th moved that the Senate adopt the Conference Commit tee report on HB 325. On the motion a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal Dean English Engram Fincher Foster 2736 Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard JOURNAL OF THE SENATE 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 Tysinger Those not voting were Senators: Coverdell Kennedy (presiding) Kidd McGill Walker On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 325. The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto: 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". The House amendment was as follows: Amend the substitute to HB 348 offered by the Senate by placing a period instead of the semi-colon after the word "article" on Page 19, line 8, and striking the balance of lines 8, 9, 10, 11 and 12; and by placing a period instead of a comma after the word "Court" on Page 22, line 8, and striking the balance of lines 8 and 9. Senator Barnes of the 33rd moved that the Senate disagree to the House amend ment to the Senate substitute to HB 348. On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate substitute to HB 348. FRIDAY, MARCH 4, 1983 2737 The following resolution of the House was taken up for the purpose of considering the House action thereon: 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. Senator Kidd of the 25th moved that the Senate recede from the Senate amend ment to HR 30. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Dawkins Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kidd Land Lester Littlefield McKenzie Peevy Perry Phillips Scott of 36th Starr Tate Thompson Timmons Trulock Turner Tysinger Walker Those voting in the negative were Senators: Howard Scott of 43rd Stumbaugh Those not voting were Senators: Bowen Broun of 46th Coleman Coverdell Fincher Kennedy (presiding) McGill Scott of 2nd 2738 JOURNAL OF THE SENATE On the motion, the yeas were 45, nays 3; the motion prevailed, and the Senate receded from the Senate amendment to HR 30. Senator Kennedy of the 4th, President Pro Tempore, who was presiding, an nounced 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. 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 to confer with a like committee on the part of the Senate on the following bill of the House: 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. The Speaker has appointed on the part of the House: Representatives Karrh of the 109th, Thomas of the 69th and Lawson of the 9th. The House insists on its position in amending the Senate substitute and has ap pointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House: HB 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. The Speaker has appointed on the part of the House: Representatives Ross of the 82nd, Phillips of the 93rd and Sizemore of the 136th. FRIDAY, MARCH 4, 1983 2739 The House has agreed to the Senate amendments, as amended by the House, to the following bills of the House: 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 motorists insurance, so as to provide for coverage for accidents caused by unknown motorists where the unknown motorist's vehicle does not physically contact the in sured vehicle. 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. The House insists on its position in amending the Senate substitute and has ap pointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House: HB 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." The Speaker has appointed on the part of the House: Representatives Bishop of the 94th, Groover of the 99th and Johnson of the 72nd. The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House: 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. 2740 JOURNAL OF THE SENATE The following bill of the House was taken up for the purpose of considering the House action thereon: 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". Senator Barnes of the 33rd moved that the Senate adhere to its disagreement to the House amendment to the Senate substitute to HB 348, and that a Conference Committee be appointed. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Brannon Broun of 46th Bgrownnt of 47th Burton Coggin Coverdell Dawkins Deal Dean English Foster Giui G^ reene Holloway Howard Huggins Kennedy Lester McGill McKenzie Peevy Phillins Sco,,tt ofr 4A 3irdA Starr Stumbaugh Trulock Turner Those not voting were Senators: Bond Bowen Brantley Cbb CEnoglermaman Fincher Garner Harris Harrison Hill Hine Horton ,,Hud,gm. s Kidd Land Littlefield Perry Scott of 2nd Scott of 36th Tate ,,T,hompson Timmons Tysinger Walker On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to the Senate substitute to HB 348. FRIDAY, MARCH 4, 1983 2741 The President appointed as a Conference Committee on the part of the Senate the following: Senators Barnes of the 33rd, Bond of the 39th and Scott of the 2nd. The- following bill of the Senate was taken up for the purpose of considering the House action thereon: 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. Senator Coverdell of the 40th moved that the Senate adhere to the Senate substi tute to the House substitute to SB 81, and that a Conference Committee be appointed. On the motion, the yeas were 28, nays 1; the motion prevailed, and the Senate adhered to the Senate substitute to the House substitute to SB 81. The President appointed as a Conference Committee on the part of the Senate the following: Senators Coverdell of the 40th, Engram of the 34th and Howard of the 42nd. The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon: 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. The Conference Committee report on HB 33 was as follows: The Conference Committee on HB 33 recommends that both the Sen- 2742 JOURNAL OF THE SENATE ate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 33 be adopted. Respectfully submitted, FOR THE SENATE: /s/ J. Nathan Deal Senator, 49th District /s/ Edward Hine, Jr. Senator, 52nd District /s/ Harrill L. Dawkins Senator, 45th District FOR THE HOUSE OF REPRESENTATIVES: /s/ Wayne Snow, Jr. Representative, 1st District /s/ Denmark Groover Representative, 99th District J. Max Davis Representative, 45th District Conference Committee 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 An notated, 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) In addition to any other oath prescribed by law, 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 section may be administered to the members of the General Assembly by FRIDAY, MARCH 4, 1983 2743 any Justice of the Supreme Court, Judge of the Court of Appeals, or judge of the superior courts. Such Justice or judge shall be procured by the person organizing each branch." Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Deal of the 49th moved that the Senate adopt the Conference Committee report on HB 33. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Burton Coggin Dawkins Deal Dean English Fincher Foster Gillis Greene Hine Holloway Huggins Kennedy Land Lester McGill McKenzie Peevy Phillips Starr Stumbaugh Thompson Trulock Turner Walker Voting in the negative were Senators Howard and Scott of the 43rd. Those not voting were Senators: Bond Brantley Bryant Cobb Coleman Coverdell Engram Garner Harris Harrison Hill Horton Hudgins Kidd Littlefield Perry Scott of 2nd Scott of 36th Tate Timmons Tysinger On the motion, the yeas were 33, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on HB 33. 2744 JOURNAL OF THE SENATE The following bill of the House was taken up for the purpose of considering the House amendment to the Senate amendment thereto: 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. The House amendment was as follows: Amend the Senate amendment to HB 43 by adding at the end thereof the following: "And by striking from line 6 of Page 1 the following: 'to repeal conflicting laws;', and inserting in lieu thereof the following: 'to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, the "Motor Vehicle Safety Responsibility Act," so as to rede fine the term "proof of financial responsibility"; to increase the amount of liability insurance required; to provide when judgments shall be deemed satisfied; to provide effective dates; to repeal conflicting laws;'. And by striking Section 2 and inserting in lieu thereof new Sections 2 through 6 to read as follows: 'Section 2. Chapter 9 of Title 40 of the Official Code of Georgia Annotated, the "Motor Vehicle Safety Responsibility Act," is amended by striking paragraph 5 of Code Section 40-9-2, relating to definitions, and inserting in its place a new paragraph to read as follows: "(5) 'Proof of financial responsibility' means: (A) Proof of ability to respond in damages for liability on account of accidents occurring subsequent to the effective date of said proof, in the amount of $15,000.00 because of bodily injury to or death of one person in any one accident, and subject to said limit for one person, in the amount of $30,000.00 because of bodily injury to or death of two or more persons in any one accident, and in the amount of $10,000.00 be cause of injury to or destruction of property of others in any one acci dent; or (B) Proof of ability to respond in compensation to certain injured individuals, without regard to fault, up to an aggregate minimum limit of $5,000.00 per injured person in compliance with Chapter 34 of Title 33, the 'Georgia Motor Vehicle Accident Reparations Act.'" Section 3. Said chapter is further amended by striking subsection FRIDAY, MARCH 4, 1983 2745 (a) of Code Section 40-9-37, relating to requirements for certain liability insurance policies, and inserting in its place a new subsection to read as follows: "(a) No liability insurance policy shall be effective under Code Section 40-9-34 unless issued by an insurance company authorized to do business in this state, except as provided in subsection (b) of this Code section, and unless such policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than $15,000.00 because of bodily injury or death of one person in any one accident and, subject to such limit for one person, to a limit of not less than $30,000.00 because of bodily injury or death to two or more persons in any one accident and, if the accident has resulted in injury to or destruction of property, to a limit of not less than $10,000.00 because of injury to or destruction of property of others in any one accident." Section 4. Said chapter is further amended by striking Code Sec tion 40-9-62, relating to duration of suspension of license, and inserting in its place a new Code Section 40-9-62 to read as follows: "40-9-62. (a) A driver's license, vehicle registration, or nonresi dent's operating privilege suspended pursuant to Code Section 40-9-61 shall remain so suspended and shall not be renewed, nor shall any such license or registration be thereafter issued in the name of the judgment debtor, whether or not he was previously licensed, unless and until every such judgment is stayed, or satisfied in full or to the extent provided in subsection (b) of this Code section, subject to the exceptions provided in this article. (b) Judgment referred to in this article shall, for the purpose of this chapter only, be deemed satisfied: (1) When $15,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one accident; (2) When, subject to such limit of $15,000.00 because of bodily injury to or death of one person, $30,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident; or (3) When $10,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or de struction of property of others as a result of any one accident. (c) Notwithstanding the provisions of subsection (b) of this Code section, a judgment referred to in this article, which is based upon an accident which occurred prior to January 1, 1984, shall be deemed satisfied: (1) When $10,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one accident; or 2746 JOURNAL OF THE SENATE (2) When, subject to such limit of $10,000.00 because of bodily injury to or death of one person, $20,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident; or (3) When $5,000.00 has been credited upon any judgment or judg ments rendered in excess of that amount because of injury to or destruc tion of property of others as a result of any one accident. (d) Payments made in settlement of any claims because of bodily injury, death, or property damage arising from the accident shall be credited in reduction of the amounts provided for in this subsection." Section 5. Sections 2 through 4 of this Act shall become effective on January 1, 1984. All other provisions of this Act shall become effec tive July 1, 1983. Section 6. All laws and parts of laws in conflict with this Act are repealed.'" Senator Barnes of the 33rd moved that the Senate agree to the House amendment to the Senate amendment to HB 43. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bowen Brannon Brantley BBrroowunn ooff 4467tthh Bryant Burton Coggin Dawkins Deal Dean English Foster Gillis Greene Hill HHoolwloawrday Huggins Kennedy Land Lester Littlefield McGill McKenzie Peevy Phillips Scott of 43rd St ^S!tumbuaugnu Thompson Trulock Turner Tysinger Walker Those not voting were Senators: Bond Cobb Coleman Coverdell Engram Fincher Garner Harris Harrison Hine Horton Hudgins Kidd Perry Scott of 2nd Scott of 36th Tate Timmons FRIDAY, MARCH 4, 1983 2747 On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 43. The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon: 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 Conference Committee report on HB 121 was as follows: The Conference Committee on HB 121 recommends that both the Sen ate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 121 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Culver Kidd Senator, 25th District /s/ J. Nathan Deal Senator, 49th District /s/ Edward Hine, Jr. Senator, 52nd District FOR THE HOUSE OF REPRESENTATIVES: /s/ Wayne Snow, Jr. Representative, 1st District /s/ Bobby Lawson Representative, 9th District /s/ Randolph C. Karrh Representative, 109th District Conference Committee substitute to HB 121: A BILL TO BE ENTITLED AN ACT 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; to abolish constables, justices of the peace, and justice courts; to amend the Official Code of Georgia Annotated, so as to delete references to justices of the peace and their court and to change other refer ences so that they refer to magistrates and magistrate courts; to repeal cer- 2748 JOURNAL OF THE SENATE tain specific Code sections and chapters of the Official Code of Georgia An notated, relating to constables, justices of the peace, and justice courts and proceedings therein; to repeal Chapter 22 of Title 15 of the Official Code of Georgia Annotated, the "Courts of Limited Jurisdiction Compensation Act of 1982"; to provide for the compensation of officers who will become magis trates; to provide for the compensation of certain probate judges; to provide for all other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1-1. It is the intent of this Act to implement certain changes required by Article VI of the Constitution of the State of Georgia. Part 2 Section 2-1. Title 15 of the Official Code of Georgia Annotated, relat ing to courts, is amended by striking Chapter 10, relating to justice of the peace courts, and inserting in its place a new Chapter 10, relating to magis trate courts, to read as follows: "CHAPTER 10 ARTICLE I 15-10-1. There shall be one magistrate court in each county of the state which shall be known as the Magistrate Court of_______ County. 15-10-2. Each magistrate court and each magistrate thereof shall have jurisdiction and power over the following matters: (1) The hearing of applications for and the issuance of arrest and search warrants; (2) Issuance of warrants and related proceedings as provided in Article 4 of Chapter 6 of Title 17, relating to bonds for good behavior and bonds to keep the peace; (3) The holding of courts of inquiry; (4) The trial of charges of violations of county ordinances; (5) The trial of civil claims including garnishment and attachment in which exclusive jurisdiction is not vested in the superior court and the amount demanded or the value of the property claimed does not exceed $2,500.00; (6) The issuance of summons, trial of issues, and issuance of writs and judgments in dispossessory proceedings and distress warrant proceed ings as provided in Articles 3 and 4 of Chapter 7 of Title 44; (7) The punishment of contempt by fine not exceeding $200.00 or by imprisonment not exceeding ten days or both; FRIDAY, MARCH 4, 1983 2749 (8) The administration of any oath which is not required by law to be administered by some other officer; (9) The granting of bail in all cases where the granting of bail is not exclusively committed to some other court or officer; (10) The issuing of subpoenas to compel attendance of witnesses in the magistrate court; and (11) Such other matters as are committed to their jurisdiction by other general laws. 15-10-2.1. (a) Any magistrate court in existence on June 30, 1983, which on that date has, under the law creating the court, any jurisdiction over misdemeanor cases and over the enforcement of municipal ordi nances shall until July 1, 1985, continue to have the same jurisdiction over such matters as it had on June 30, 1983. (b) This Code section shall be repealed effective July 1, 1985; but any case in which a court assumed jurisdiction under this Code section prior to July 1, 1985, may be retained for disposition by that court after that date. 15-10-3. (a) All magistrates, constables, and clerks of magistrate court shall before entering on the duties of their offices subscribe before the judge of the probate court the oaths prescribed by Code Sections 453-1 and 45-3-13 and the following oath: 'I swear or affirm that I will duly and faithfully perform all the du ties required of me as (magistrate, constable, or clerk of magistrate court) of -------------- County.' (b) The probate judge shall make an entry of the oath on the min utes of the probate court and shall issue to the officer taking the oath a certificate which shall serve as the officer's commission. (c) In the case of a probate judge serving as a magistrate, a clerk of superior court serving as clerk of magistrate court, or a sheriff or sher iff's deputy serving as constable, no oath, certificate, or commission shall be required except the oath and commission of the probate judge as pro bate judge, clerk of superior court as clerk of superior court, or sheriff or deputy as such. 15-10-4. The magistrate court shall not have fixed terms. The chief magistrate shall provide for sessions of court to be held at such times and in such places, within or without the county seat, as are necessary or convenient. 15-10-5. The county governing authority shall provide suitable of fices and courtrooms for the use of the magistrate court and shall supply all fixtures, supplies, and equipment necessary for the proper functioning of the magistrate court. 15-10-6. The chief magistrate may with the approval of the chief 2750 JOURNAL OF THE SENATE judge of superior court adopt local rules for the court not inconsistent with law and the rules adopted by the Supreme Court. ARTICLE 2 15-10-20. (a) Each magistrate court shall have a chief magistrate and may have one or more other magistrates. Such magistrates shall be the judges of the magistrate court and shall be known as magistrates of the county. Unless otherwise provided by local law, the number of magis trates in each county shall be fixed from time to time by majority vote of the judges of the superior court of the county, but no magistrate shall be removed from office during a term of office except for cause as provided by Code Sections 15-10-24 and 15-10-25. The number of magistrates au thorized for the county shall be one magistrate until increased by the judges of superior court or by local law; but this subsection shall not operate to remove a magistrate from office during his term of office. (b) The term of office of any magistrate taking office prior to Jan uary 1, 1985, shall expire on December 31, 1984, except that this para graph shall not operate to shorten any term of office in violation of Arti cle VI, Section X, Paragraph II of the Constitution. The term of office of any magistrate taking office on or after January 1, 1985, shall be for four years beginning on the first day of an odd-numbered year, except that in selecting magistrates to fill newly created positions or if otherwise neces sary, a magistrate may be selected for a term of less than four years to expire on the last day of an even-numbered year. (c) (1) Unless otherwise provided by local law, all magistrates, other than the officers becoming magistrates pursuant to Code Section 15-10-120, who are selected to take office prior to January 1, 1985, shall be selected as provided in this subsection. The judges of the superior court of the county shall by majority vote appoint as chief magistrate either an officer becoming a magistrate pursuant to Code Section 15-10120 or some other person meeting the qualifications specified in subsec tion (a) of Code Section 15-10-22. Any other magistrates, other than the officers becoming magistrates pursuant to Code Section 15-10-120, shall be appointed by the chief magistrate with the consent of the judges of superior court. (2) (A) If the chief magistrate so selected is an officer becoming a magistrate pursuant to Code Section 15-10-120, then his term as chief magistrate will be as provided by this paragraph. (B) If the term which he was serving on June 30, 1983, will expire on the last day of 1984 or 1986, then his term as chief magistrate will likewise expire on the last day of 1984 or 1986. (C) If the term which he was serving on June 30, 1983, will expire other than on the last day of 1984 or 1986, then his term as chief magis trate will expire on December 31, 1984, even though he is granted a longer term as magistrate by Article VI, Section X, Paragraph II of the Constitution; but his term as magistrate shall not be shortened in viola tion of said paragraph of the Constitution. In any case covered by this subparagraph, the person whose term as chief magistrate expires Decem ber 31, 1984, but who is granted by the Constitution a longer term as FRIDAY, MARCH 4, 1983 2751 magistrate shall be eligible to succeed himself for a four-year term as chief magistrate beginning January 1, 1985, if he resigns his current term as magistrate prior to beginning such four-year term as chief magistrate. (d) Unless otherwise provided by local law, all magistrates taking office on or after January 1, 1985, shall be selected as provided in this subsection. The chief magistrate shall be elected by the voters of the county at the general election next preceding the expiration of the term of the incumbent chief magistrate, in a partisan election in the same manner as county officers are elected, for a term beginning on the first day of January following his election. His successors shall likewise be elected quadrennially thereafter for terms beginning on the first day of January following their election. Magistrates other than the chief magis trate shall be appointed by the chief magistrate with the consent of the judges of superior court. The term of a magistrate so appointed shall run concurrently with the term of the chief magistrate by whom he was appointed. (e) Unless otherwise provided by local law, a vacancy in the office of chief magistrate shall be filled by an appointment by majority vote of the judges of superior court for the remainder of the unexpired term; and a vacancy in the office of any other magistrate shall be filled by an ap pointment by the chief magistrate with the consent of the judges of supe rior court for the remainder of the unexpired term. If, however, a va cancy occurs which does not reduce the number of magistrates for the county below the number of magistrates authorized for the county, then such vacancy shall not be filled. (0 The General Assembly may by local law provide for the num ber of magistrates of a county, provide for a different method of selecting magistrates than that specified in subsections (c) and (d) of this Code section, and provide for a different method of filling vacancies than that specified in subsection (e) of this Code section. (g) The General Assembly may at any time provide by local law that the probate judge shall serve as chief magistrate and provide for compensation of the probate judge in his capacity as chief magistrate; and in such a case the chief magistrate shall not be separately elected but shall be the probate judge. In the absence of local law, the judges of superior court may, with the consent of the probate judge, provide that the probate judge shall serve as chief magistrate until January 1, 1985, and provide for his compensation in such capacity. Any compensation paid under this subsection shall be paid from county funds. 15-10-21. The chief magistrate shall assign cases among the sev eral magistrates of the county and shall decide any disputes between the magistrates of the county. 15-10-22. (a) Each magistrate shall have been a resident of the county for one year next preceding the beginning of his term of office and shall as of such date be at least 21 years of age and shall possess a high school diploma or its equivalent. However, an officer becoming a magis trate pursuant to Code Section 15-10-120 shall be eligible to the office of 2752 JOURNAL OF THE SENATE magistrate without the necessity of meeting these qualifications. Addi tional qualifications for the office of chief magistrate or magistrate or both may be imposed by local law. (b) A magistrate who is an attorney may practice in other courts but may not practice in his own court or appear in any matter as to which his court has exercised any jurisdiction. 15-10-23. (a) Unless otherwise provided by local law, the chief magistrate of each county other than those counties where the probate judge serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule: Population Minimum Salary 0-- 5,999 .................................... $3,950.00 6,000-- 11,999 ..................................... 5,885.00 12,000-- 19,999 ..................................... 6,710.00 20,000-- 29,999 ..................................... 7,500.00 30,000-- 39,999..................................... 8,910.00 40,000-- 49,999..................................... 9,720.00 50,000-- 99,999 .................................... 10,320.00 100,000-- 199,999 .................................... 13,475.00 200,000-- or more .................................... 17,700.00 The minimum salary for each affected magistrate shall be fixed from the above table according to the population of the county in which he serves as determined by the United States decennial census of 1980 or any fu ture such census. The county governing authority may supplement the minimum annual salary of the chief magistrate in such amount as it may fix from time to time; but no chief magistrate's compensation or supple ment shall be decreased during any term of office. (b) Unless otherwise provided by local law, each magistrate other than the chief magistrate shall receive a minimum monthly salary of $50.00 per month. The salary of each magistrate other than the chief magistrate may be supplemented by the county governing authority in such amount as it may fix from time to time; but no such magistrate's compensation or supplement shall be decreased during any term of office. (c) Magistrates shall be compensated solely on a salary basis and not in whole or in part from fees; and the salaries and supplements of all magistrates shall be paid in equal monthly installments from county funds. (d) The General Assembly may by local law fix the compensation of any or all of a county's magistrates. (e) Notwithstanding the provisions of subsection (a) of this Code section, unless otherwise provided by local law, in any county in which more than 70 percent of the population according to the United States decennial census of 1980 or any future such census resides on property of the United States government which is exempt from taxation by this state, the minimum annual salary of the chief magistrate shall be $2,500.00, which minimum annual salary may be supplemented by the FRIDAY, MARCH 4, 1983 2753 county governing authority as in other cases; and the salary of each mag istrate other than the chief magistrate shall be fixed by the county gov erning authority without regard to the minimum specified by this Code section. 15-10-24. Magistrates shall be subject to discipline, removal, and involuntary retirement by the Judicial Qualifications Commission. 15-10-25. (a) All magistrates shall periodically satisfactorily com plete a training course as provided in Article 8 of this chapter. A magis trate who is an active member of the State Bar of Georgia shall be ex empt from such training requirements after he has completed the initial 40 hour training requirement. (b) The Georgia Magistrate Courts Training Council shall keep records of training completed by magistrates. (c) If any magistrate does not satisfactorily complete the required training in any year, the Georgia Magistrate Courts Training Council shall promptly notify the Judicial Qualifications Commission which shall remove the magistrate from office unless the Judicial Qualifications Com mission finds that the failure was caused by facts beyond the control of the magistrate. (d) The reasonable costs and expenses of such training shall be paid by the county governing authority from county funds. 15-10-26. In any case in which action is authorized under this chapter to be taken by local Act or local ordinance, no local ordinance shall be enacted which is inconsistent with a local Act. 15-10-27. (a) With respect to any county in which there exists a civil court of the county continued in existence by Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution and in which there are as of June 30, 1983, no officers who will become magistrates pursu ant to Code Section 15-10-120, the provisions of this Code section shall control over any other conflicting provisions of this chapter. (b) In any county subject to this Code section the judge of such civil court shall serve as chief magistrate for a term of office concurrent with his term as judge of civil court. The chief judge of superior court of any such county shall fix the compensation to be received by the chief magistrate for his services as chief magistrate, and such compensation may be less than the minimum salary otherwise specified by this chapter. (c) In any county subject to this Code section the clerk of civil court shall serve as clerk of magistrate court and the sheriff and deputies of civil court shall serve as constables of magistrate court. ARTICLE 3 15-10-40. This article shall govern civil proceedings in the magis trate court. 15-10-41. (a) There shall be no jury trials in the magistrate court. 2754 JOURNAL OF THE SENATE (b) Appeals may be had from judgments returned in the magis trate court to the superior court of the county and the same provisions now provided for by general law for appeals contained in Code Section 53-29 shall be applicable to appeals from the magistrate court, the same to be a de novo appeal. 15-10-42. Proceedings in the magistrate court shall not be subject to Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' 15-10-43. (a) Actions shall be commenced by the filing of a state ment of claim, including the last known address of the defendant, in con cise form and free from technicalities. The plaintiff or his agent shall sign and verify the statement of claim by oath or affirmation. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action. The statement of claim shall include the address at which the plaintiff desires to receive the notice of hearing. (b) A copy of the verified statement of claim shall be served on the defendant, and such service shall be sufficient to give the court jurisdic tion in the premises. Service of said process shall be made within the county as provided in this Code section. Service outside the county shall be by second original as provided in Code Section 9-10-72. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a constable, or by any person sui juris who is not a party to, or otherwise interested in, the action, who is specifically ap pointed by the judge of said court for that purpose. When the claim and notice are served by a private individual, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant. (c) Upon the failure of the defendant to answer or appear for the hearing, the plaintiff shall be entitled to judgment by default, without further proof, when the claim of the plaintiff is for a liquidated amount. Upon the failure of the defendant to answer or appear for the hearing, the plaintiff may proceed to prove his damages and receive judgment if the claim is for an unliquidated amount. (d) An answer to the claim must be filed with the court or orally presented to the judge of the court within 30 days after service of the statement of claim on the defendant to avoid a default judgment. The answer shall be in concise form and free from technicalities but must admit or deny the claim of the plaintiff. The answer shall contain the address at which the defendant desires to receive the notice of hearing. If the answer is presented to the judge orally, the judge shall reduce the answer to writing. A copy of the answer shall be forwarded to the plain tiff and defendant with the notice of hearing. If an answer is timely filed or presented, the judge shall within ten days of filing or presentation of the answer notify the defendant and the plaintiff of the calling of a hear ing on the claim. The notice shall include the date, hour, and location of the hearing which date shall not be less than 15 nor more than 30 days after the date the notice is given. The notice shall be served on the plain tiff and the defendant by registered or certified mail to the address given by the plaintiff at the time he files his claim and the address given by the FRIDAY, MARCH 4, 1983 2755 defendant at the time he files or presents his answer. The date of mailing shall be the date the notice is given. 15-10-44. (a) The trial shall be conducted on the day set for the hearing, or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall counsel the parties to make an ear nest effort to settle the controversy by conciliation. If the parties fail to settle their differences without a trial, the judge shall proceed with the hearing on its merits. (b) The judge shall conduct the trial in such manner as to do sub stantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice, and proce dure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the action may be dismissed for want of prosecution, the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. 15-10-45. (a) If any defendant has a claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiffs claim which claim does not require for its adjudication the presence of third parties over whom the court cannot obtain jurisdiction, such claim must be asserted by the defendant at or before the hearing on plaintiffs claim or thereafter be barred. (b) If any defendant has a claim against the plaintiff other than a compulsory counterclaim described in subsection (a) of this Code section, such claim may be asserted by the defendant at or before the hearing on the plaintiffs claim. (c) If any defendant asserts a claim against the plaintiff, the de fendant shall file with the court a statement of the claim in concise form and free from technicalities. The defendant shall sign and verify the statement of claim by oath or affirmation. At the request of a defendant, the judge or clerk may prepare the statement. (d) If the amount of a counterclaim exceeds the jurisdictional lim its of the magistrate court, the case shall be transferred to the state court of the county or to the superior court of the county if there is no state court. (e) A counterclaim may in the discretion of the magistrate be tried either separately or jointly with the plaintiffs claim. 15-10-46. (a) When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms as seem just under the circumstances and as will assure a 2756 JOURNAL OF THE SENATE definite and steady reduction of the judgment until it is fully and com pletely satisfied. (b) The judge of the magistrate court shall not be obligated to col lect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for cleri cal and accounting costs incurred thereby, not to exceed 10 percent of each payment. 15-10-47. A judgment of the magistrate court shall constitute a lien on both the real and personal property of a defendant, regardless of where such property is situated within the state. Said lien shall become perfected at the time an execution based upon such judgment is filed in the office of the clerk of the superior court for the appropriate county and the entry thereof is made by the clerk in the general execution docket for said county. 15-10-48. The statement of claim, verification, and notice shall be in substantially the following form: Magistrate Court of_______ County State of Georgia Plaintiff Address vs. Defendant Statement of Claim (Here the plaintiff or, at his request, the court will insert a state ment of the plaintiff's claim and, if the action is on a contract, either express or implied, the original statement of the plaintiff's claim which is to be filed with the court may be verified by the plaintiff or his agent as follows:) STATE OF GEORGIA COUNTY OF__________ __________, being first duly sworn on oath, says the forego ing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just grounds for defense. Plaintiff or agent FRIDAY, MARCH 4, 1983 2757 Sworn and subscribed before me this ____ day of _____, 19_. Notary public or attesting official Notice TO: ______________ Defendant Home Address or Business Address You are hereby notified that ______ has made a claim and is requesting judgment against you in the sum of ________ dollars ($----------), as shown by the foregoing statement. The court will hold a hearing upon this claim at (address of court) at a time to be set after your answer is filed. YOU ARE REQUIRED TO FILE OR PRESENT AN ANSWER TO THIS CLAIM WITHIN 30 DAYS AFTER SERVICE OF THIS CLAIM UPON YOU. IF YOU DO NOT ANSWER, JUDGMENT BY DEFAULT WILL BE ENTERED AGAINST YOU. YOUR AN SWER MAY BE FILED IN WRITING OR MAY BE GIVEN ORALLY TO THE JUDGE. If you have witnesses, books, receipts, or other writings bearing on this claim, you should bring them with you at the time of hearing. If you wish to have witnesses summoned, see the court at once for assistance. If you have any claim against the plaintiff, you should notify the court at once. If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court. You may come with or without an attorney. Magistrate of ___County 2758 JOURNAL OF THE SENATE 15-10-49. (a) Procedure in attachment cases shall be subject to Chapter 3 of Title 18. (b) Procedure in garnishment cases shall be subject to Chapter 4 of Title 18. (c) Procedure in dispossessory proceedings and in distress warrant proceedings shall be subject to Articles 3 and 4 of Chapter 7 of Title 44. ARTICLE 4 15-10-60. This article governs trials of violations of county ordi nances which violations may be punished by incarceration or monetary penalty. Nothing in this chapter shall grant to any county more authority to enact or enforce such ordinances than the county has independently of this chapter. The punishment imposed for any ordinance violation shall not exceed a fine of $500.00 or 60 days' imprisonment or both and shall not exceed the maximum punishment specified by the ordinance. 15-10-61. There shall be no jury trials in the magistrate court. Any defendant who is charged with one or more ordinance violations may, at any time before trial, demand that the case be removed for a jury trial to the state court of the county or to the superior court of the county if there is no state court. Such a demand shall be written. Upon such a demand the court shall grant the demand. Failure to so demand removal of the case shall constitute a waiver of any right to trial by jury which the defendant may otherwise have. 15-10-62. (a) Prosecutions for violations of county ordinances shall be upon citation as provided in Code Section 15-10-63 or upon accusa tion by the county attorney or such other attorney as the county gov erning authority may designate; and such attorney shall be the prosecut ing attorney in cases tried upon accusations. (b) Accusations of violations of county ordinances and citations shall be personally served upon the person accused. Each accusation shall state the time and place at which the accused is to appear for trial. The accused shall not be arrested prior to the time of trial; but any defendant who fails to appear for trial shall thereafter be arrested on the warrant of the magistrate and required to post a bond for his future appearance. 15-10-63. (a) The governing authority of any county may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations. (b) Each citation shall state the time and place at which the ac cused is to appear for trial, shall identify the offense with which the ac cused is charged, shall have an identifying number by which it shall be filed with the court, shall indicate the identity of the accused and the date of service, and shall be signed by the county agent who completes and serves it. (c) Prosecutions for violations of county ordinances upon citations shall be commenced by the completion, signing, and service of a citation by any agent of the county who is authorized by the county governing FRIDAY, MARCH 4, 1983 2759 authority to issue citations. The original of the citation shall be person ally served upon the accused; and a copy shall promptly be filed with the court. (d) No person shall be arrested prior to the time of trial; but any defendant who fails to appear for trial shall be arrested thereafter on the warrant of the magistrate and required to post a bond for his future appearance. 15-10-64. (a) Execution may issue immediately upon any fine im posed by the court and not immediately paid. (b) The sheriff of the county shall receive and house all persons sentenced to confinement for contempt or violation of county ordinances. 15-10-65. Review of convictions shall be by certiorari to the supe rior court. 15-10-66. The county attorney or another attorney designated by the county governing authority may act as prosecuting attorney. ARTICLE 5 15-10-80. (a) Upon filing any civil action the plaintiff shall pay a filing deposit as established by local court rule not to exceed $20.00 which shall cover all costs of the action except service of process. (b) Upon filing any civil action the plaintiff shall pay the actual cost of serving each party required to be served but not more than the amount of the fee charged by sheriffs for serving process for each party to be served. (c) For issuing a writ of fieri facias the fee charged shall be $2.00 which shall be paid by the person requesting the same. (d) As between the parties, costs shall be taxed against the losing party. 15-10-81. In cases of conviction of violation of county ordinances, costs of $30.00 shall be taxed against the defendant. 15-10-82. For hearing an application for an arrest or search war rant the fee charged shall be $5.00 but this fee may be waived by the issuing magistrate if he finds that because of the financial circumstances of the party applying for the warrant or for other reasons this fee should not be charged in justice. 15-10-83. For levying on executions and conducting judicial sales constables shall collect the same fees as are charged by sheriffs. 15-10-84. For administering any oath other than in connection with a matter before the court, a magistrate shall collect a fee of $1.00. 15-10-85. All fees, costs, and other funds collected by officers of 2760 JOURNAL OF THE SENATE the magistrate court shall be accounted for and paid into the county treasury not less often than once a month. 15-10-86. Law library fees shall not be charged unless otherwise provided by local law. 15-10-87. When any case is transferred from the magistrate court to the state court or superior court, the magistrate court shall transmit to the state court clerk or superior court clerk the filing fee paid to the magistrate court. The state court clerk or superior court clerk shall file the case without further deposit against costs or filing fee, but as between the parties the costs shall be as in other cases in the state court or supe rior court. ARTICLE 6 15-10-100. (a) Unless otherwise provided by local law, the county governing authority may provide for the appointment of constables by the chief magistrate. Constables so appointed shall serve at the pleasure of the chief magistrate. The compensation of constables so appointed shall be fixed by the county governing authority. (b) If no provision is made for the appointment of constables the sheriff and his deputies shall perform the duties of constables. (c) The General Assembly may by local law provide for the ap pointment of constables and their salaries. (d) All constables shall be compensated solely on a salary basis and not in whole or in part from fees; and their salaries shall be paid in equal monthly installments from county funds. (e) If there is more than one constable, one shall be appointed as chief constable and shall supervise the other constables. 15-10-101. The eligibility for constable is the same as for magistrate. 15-10-102. The powers and duties of constables include the following: (1) To attend regularly all sessions of magistrate court; (2) To promptly pay over money collected by them to the magis trate court; (3) To execute and return all warrants, summonses, executions, and other processes directed to them by the magistrate court; and (4) To perform such other duties as are required of them by law or as necessarily appertain to their offices. 15-10-103. Constables shall exercise the power of arrest only with a warrant or at the direction of and in the presence of a magistrate or the judge of another court. FRIDAY, MARCH 4, 1983 2761 15-10-104. Constables shall not be subject to Chapter 8 of Title 35 relating to employment and training of peace officers. 15-10-105. (a) The General Assembly may provide by local law for the superior court clerk to serve as clerk of magistrate court or for the selection of some other person as the clerk of magistrate court and for the compensation of the clerk of magistrate court. In the absence of local law, the selection and compensation of the clerk of magistrate court shall be as provided by subsections (b), (c), and (d) of this Code section. (b) With the consent of the clerk of superior court the county gov erning authority may provide that the clerk of superior court shall serve as clerk of magistrate court and shall be compensated for his services as clerk of magistrate court in an amount not less than $200.00 per month. Such compensation shall be retained by the clerk of superior court as his personal funds without regard to whether he is otherwise compensated on a fee basis or salary basis or both. (c) If the clerk of superior court does not serve as clerk of magis trate court, then the county governing authority may provide for the ap pointment by the chief magistrate of a clerk to serve at the pleasure of the chief magistrate. A clerk of magistrate court so appointed shall be compensated in an amount fixed by the county governing authority at not less than $200.00 per month. (d) If there is no clerk of magistrate court, the chief magistrate or some other magistrate appointed by the chief magistrate shall perform the duties of clerk. A chief magistrate performing the duties of clerk, or another magistrate appointed by the chief magistrate to perform the du ties of clerk, shall receive in addition to any other compensation to which he is entitled compensation for performing the duties of clerk, the amount of which compensation shall be fixed by the county governing authority at not less than $200.00 per month. (e) The compensation of the clerk or magistrate performing the duties of clerk shall be paid in equal monthly installments from county funds. (f) The eligibility for clerk is the same as for magistrate. (g) In any case any magistrate may perform any duty to be per formed by the clerk. 15-10-106. If necessary, the county governing authority may pro vide for the appointment by the chief magistrate of secretaries and other personnel to assist the magistrates or clerk or both. Personnel so ap pointed shall serve at the pleasure of the chief magistrate. The compen sation of such personnel shall be fixed by the county governing authority and paid from county funds. ARTICLE 7 15-10-120. (a) Except as otherwise provided in subsection (b) of this Code section, on July 1, 1983, each of the following officers shall 2762 JOURNAL OF THE SENATE become a magistrate of the county in which he formerly exercised jurisdiction: (1) Each justice of the peace in office on June 30, 1983; (2) Each notary public ex officio justice of the peace in office on June 30, 1983; (3) Each judge of a small claims court in office on June 30, 1983; (4) Each magistrate or judge of a magistrate court in office on June 30, 1983; and (5) Each judge of the County Court of Echols County. (b) Any officer who was required to be certified under former Arti cle 5 of this chapter, 'The Georgia Justice Courts Training Council Act,' and who was not so certified as of June 30, 1983, or any officer holding over beyond the expiration of the term for which he was selected shall not so become a magistrate on July 1, 1983. (c) Each magistrate taking office on July 1, 1983, shall continue in office for a term which shall expire on the date of expiration of the term which he was serving in such other capacity. Such magistrates may thereafter be reappointed or reelected as provided in Article 2 of this chapter. However, at the expiration of the term of any magistrate other than the chief magistrate, no magistrate shall be selected to replace him unless the number of magistrates remaining in office is less than the number fixed by local law or by the judges of superior court under Code Section 15-10-20. 15-10-121. On July 1, 1983, any matter pending in the court of an officer referred to in Code Section 15-10-120 shall by operation of law be transferred to the magistrate court of the same county. Such pending matters shall be decided by the magistrate court of the county even if the magistrate court would not otherwise have jurisdiction over the case. 15-10-122. This chapter, the Act enacting this chapter, and future Acts amending this chapter shall not be construed as laws affecting mu nicipal courts, county recorder's courts, or the civil courts of Richmond and Bibb counties. 15-10-123. Unless otherwise apparent from the context, references in local laws to justices of the peace and their courts shall be deemed on and after July 1, 1983, to refer to magistrates and magistrate courts. ARTICLE 8 15-10-130. This article shall be known and may be cited as 'The Georgia Magistrate Courts Training Council Act.' 15-10-131. As used in this article, the term: (1) 'Certified magistrate' means a magistrate judge who has the appropriate required certificate of training issued by the council and on file with the council. FRIDAY, MARCH 4, 1983 2763 (2) 'Council' means the Georgia Magistrate Courts Training Council. (3) 'School' means any school, college, university, academy, or training program approved by the council and the Judicial Council of Georgia which offers basic, in-service, advanced, specialized, or continu ing judicial training or a combination thereof, and includes within its meaning a combination of course curriculum, instructors, and facilities which meet the standards required by the council. 15-10-132. (a) There is established a council which shall be known and designated as the 'Georgia Magistrate Courts Training Council' and which shall be composed of the director of the Administrative Office of the Courts or his designee, which member shall not be a voting member, and five magistrate judges, either elected or appointed, who shall be ap pointed by the Governor for terms of two years. (b) Membership on the council does not constitute public office and no member shall be disqualified from holding office by reason of his membership. (c) Members of the Georgia Justice Courts Training Council serv ing as of June 30, 1983, shall continue on and automatically become members of the Georgia Magistrate Courts Training Council with the same term and office as held on June 30, 1983. 15-10-133. Immediately and before entering upon the duties of of fice, the members of the Georgia Magistrate Courts Training Council shall take the oath of office and shall file the same in the office of the Judicial Council, which, upon receiving the oath of office, shall issue to each member a certificate of appointment. 15-10-134. (a) A chairman and vice-chairman shall be elected at the first meeting of each calendar year. (b) The director of the Administrative Office of the Courts or his designee shall serve as secretary to the council. (c) A simple majority of the members of the council shall consti tute a quorum for the transaction of business. (d) The council shall maintain minutes of its meetings and such other records as it deems necessary. (e) The council shall report at least annually to the Governor and to the General Assembly as to its activities. 15-10-135. 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 expenses shall not exceed those allowed to members of the General Assembly. 15-10-136. The council is vested with the following functions, pow ers, and responsibilities: 2764 JOURNAL OF THE SENATE (1) To make all the necessary rules and regulations to carry out this article; (2) To cooperate with and secure the cooperation of every depart ment, agency, or instrumentality of the state government or its political subdivisions in furtherance of the purposes of this article; (3) To approve schools and to prescribe minimum qualifications for instructors at approved schools; (4) To issue a certification to any magistrate judge satisfactorily complying with an approved training program established; (5) To do any and all things necessary or convenient to enable it wholly and adequately to perform its duties and to exercise the power granted to it; and (6) To prescribe, by rules and regulations, the minimum require ments for curricula and standards composing the initial in-service, ad vanced, specialized, and continuing training courses for certification. 15-10-137. (a) Any person who takes office as a magistrate on July 1, 1983, and who was certified under the former Justice Courts Training Council shall satisfactorily complete 40 hours of training prior to Decem ber 31, 1984, in order to become certified under this article. (b) Except as provided in subsection (a) of this Code Section, any person who becomes a magistrate on or after July 1, 1983, shall satisfac torily complete 40 hours of training in the performance of his duties and shall attend the first scheduled training session held after the date of his election or appointment in order to become certified under this article. (c) In order to maintain the status of a certified magistrate judge, each person certified as such who is not an active member of the State Bar of Georgia shall complete 20 hours of additional training per annum during each calendar year after the year of his initial certification in which he serves as a magistrate judge." Part 3 Section 3-1. Code Section 5-3-29 of the Official Code of Georgia An notated, relating to de novo appeals to superior court, is amended to read as follows: "5-3-29. An appeal to the superior court from a magistrate court or probate court, and in any other case where not otherwise provided by law, is a de novo investigation. It brings up the whole record from the court below; and all competent evidence shall be admissible on the trial thereof, whether adduced on a former trial or not. Either party is entitled to be heard on the whole merits of the case." Section 3-2. Code Section 5-3-31 of the Official Code of Georgia An notated, relating to damages for frivolous appeals, is amended to read as follows: "5-3-31. If upon the trial of any appeal it shall appear to the jury FRIDAY, MARCH 4, 1983 2765 that the appeal was frivolous and intended for delay only, they shall as sess damages against the appellant and his security, if any, in favor of the appellee for such delay, not exceeding 25 percent on the principal sum which they shall find due, which damages shall be specially noted in their verdict. Section 3-3. Subsection (a) of Code Section 9-10-5 of the Official Code of Georgia Annotated, relating to written charges of court in civil cases, is amended to read as follows: "(a) The judges of the superior, state, and city courts, when coun sel for either party requests it before argument begins, shall write out their charges and read them to the jury; and it shall be error to give any other or additional charge than that so written and read; provided, how ever, that this Code section shall not apply when there is an official court reporter in attendance thereon who records the full charge of the trial judge in the case upon the direction of the court." Section 3-4. Code Section 9-10-180 of the Official Code of Georgia Annotated, relating to time limits for arguments of counsel, is amended to read as follows: "9-10-180. Counsel shall be limited in their arguments to two hours on a side." Section 3-5. Subsection (b) of Code Section 9-12-86, relating to re cording of judgments, is amended to read as follows: "(b) No judgment, decree, or order or any writ of fieri facias is sued pursuant to any judgment, decree, or order of any superior court, city court, magistrate court, municipal court, or any federal court shall in any way affect or become a lien upon the title to real property until the judgment, decree, order, or writ of fieri facias is recorded in the office of the clerk of the superior court of the county in which the real property is located and is entered in the indexes to the applicable records in the of fice of the clerk. Such entries and recordings must be requested and paid for by the plaintiff or the defendant, or his attorney at law." Section 3-6. Code Section 9-13-163 of the Official Code of Georgia Annotated, relating to judicial sales of perishable property, is amended to read as follows: "9-13-163. Whenever any personal property which is of a perisha ble nature or liable to deteriorate from keeping or the keeping of which is attended by expense is levied on by virtue of any fi. fa., attachment, or other process, and the defendant fails to recover possession of the same and it remains in the hands of the levying officer, upon the facts being made plainly to appear to the judge of the court from which the process has issued or to the judge of the superior court of the county or to the judge of the probate court of the county in which the levy has been made during the absence of the judge of the superior court, it shall be the duty of the judge to order a sale of the property. The sale shall be at the usual place of holding sheriffs sales for the county where the property is located." 2766 JOURNAL OF THE SENATE Section 3-7. Subsections (a) and (b) of Code Section 9-13-164 of the Official Code of Georgia Annotated, relating to notice of judicial sales, are amended to read as follows: "(a) The time and place of holding a sale under Code Section 913-163 shall be advertised at the courthouse and at two other public places at least ten days before the day of sale. (b) The judge or judge of the probate court may order a sale of livestock, fruit, or other personal property in a perishable condition, after three days' notice." Section 3-8. Code Section 9-13-165 of the Official Code of Georgia Annotated, relating to sales of perishable property under tax fi. fas. or county court fi. fas., is amended to read as follows: "9-13-165. Whenever a tax fi. fa. is levied on property which is of a perishable nature or is liable to deteriorate in value from keeping or which is attended with expense in keeping, the same may be sold under Code Sections 9-13-163 and 9-13-164." Section 3-9. Subsection (c) of Code Section 10-1-186 of the Official Code of Georgia Annotated, relating to "stop-sale" orders of adulterated brake fluid, is amended to read as follows: "(c) Any brake fluid not in compliance with this part shall be sub ject to seizure upon complaint of the Commissioner or any of his agents, inspectors, or representatives to a superior court in the county in which said brake fluid is located. In the event the court finds that any brake fluid is adulterated or misbranded, it may order the condemnation of said brake fluid; and such brake fluid shall be disposed of in any manner con sistent with the rules and regulations of the Commissioner and the laws of this state, provided that in no instance shall the disposition of said brake fluid be ordered by the court without first giving the claimant or owner of same an opportunity to apply to the court for the release of said brake fluid or for permission to process or label said brake fluid so as to bring it into compliance with this part." Section 3-10. Paragraphs (3) and (4) of Code Section 15-6-8 of the Official Code of Georgia Annotated, relating to jurisdiction and powers of superior courts, is amended to read as follows: "(3) To exercise appellate jurisdiction from judgments of the pro bate or magistrate courts as provided by law; (4) To exercise a general supervision over all inferior tribunals and to review and correct, in the manner prescribed by law, the judgments of: (A) Magistrates; (B) Municipal corporation or police courts or councils; (C) Any inferior judicature; (D) Any person exercising judicial powers; and FRIDAY, MARCH 4, 1983 2767 (E) Judges of the probate courts, except in cases touching the pro bate of wills and the granting of letters of administration, in which a jury must be impaneled;". Section 3-11. Code Section 15-6-51 of the Official Code of Georgia Annotated, relating to authority of clerks of superior courts to sit as clerks of other courts, is amended to read as follows: "15-6-51. Clerks of the superior courts shall be eligible to hold the office of clerk of the city or state court in the counties of their residence, on taking the oath and giving bond and security as prescribed by law." Section 3-12. Code Section 15-6-89 of the Official Code of Georgia Annotated, relating to additional remuneration of superior court clerks, is amended to read as follows: "15-6-89. In addition to the minimum salary provided in Code Section 15-6-88, each clerk of the superior court of any county who also serves as clerk of a state court, city court, or civil court under any appli cable general or local law of this state shall receive for his services in such other court a salary of not less than $100.00 per month, to be paid from the funds of the county. In the event any such court for which a clerk of the superior court is serving as clerk is abolished, the clerk of the superior court shall continue to receive the amount provided above." Section 3-13. Code Section 15-9-10 of the Official Code of Georgia Annotated, relating to vacancies in office of the judge of probate court, is amended to read as follows: "15-9-10. (a) Until a vacancy in the office of judge of the probate court is filled, the chief judge of the city or state court, as the case may be, shall serve as the judge and shall be vested with all the powers of the judge. If there is no such chief judge or if for some reason the chief judge cannot serve as judge, the clerk of the superior court of the county shall serve as judge and shall be vested with all the powers of the judge. In the event that the clerk of the superior court, for some reason, cannot serve as judge, the chief judge of the superior court of the county shall appoint a person to serve as judge; such person shall be vested with all the powers of the judge. The board of county commissioners or, in those counties which have no commissioners, the chief judge of the superior court shall fix the compensation of the person who serves as judge until the vacancy is filled. The compensation shall be paid from the general funds of the county. The fees collected during such period of time shall be paid into the general funds of the county. (b) Notwithstanding subsection (a) of this Code section or other laws to the contrary, in the event the office of judge of the probate court becomes vacant in any county of this state having a population of not less than 200,000 nor more than 250,000 according to the United States de cennial census of 1970 or any future such census, the vacancy shall be filled by majority vote of the superior court judges of the judicial circuit in which the county lies. The person appointed to fill the vacancy shall serve until the next succeeding general election, at which election a suc cessor shall be elected to serve for the remainder of the unexpired term or for a full term, as the case may be. A person appointed to fill a va- 2768 JOURNAL OF THE SENATE cancy in the office of judge of the probate court of any county described in this subsection shall receive the same compensation that the judge of the probate court was receiving at the time the office became vacant." Section 3-14. Subsection (a) of Code Section 15-9-13 of the Official Code of Georgia Annotated, relating to replacement of the judge of the pro bate court where he is disqualified or unable to act, is amended to read as follows: "(a) Whenever a judge of the probate court is disqualified to act in any case or because of sickness, absence, or any other reason is unable to act in any case, the judge of the city or state court, as the case may be, shall exercise all the jurisdiction of the judge of the probate court in the case." Section 3-15. Subsection (a) of Code Section 15-12-4 of the Official Code of Georgia Annotated, relating to ineligibility of jurors to serve at next succeeding terms, is amended to read as follows: "(a) Any juror who has served as a grand or trial juror at any session of the superior courts, state courts, or city courts shall be ineligi ble for duty as a juror at the next succeeding term of the court in which he has previously served. Nothing herein contained shall prevent any trial juror from serving as a grand juror at the next term of the superior court of his county. This subsection shall not apply to any court in any county wherein the grand jury box contains not exceeding 100 names and the trial jury box contains not exceeding 350 names." Section 3-16. Subsection (a) of Code Section 16-13-46 of the Official Code of Georgia Annotated, relating to administrative inspections and war rants, is amended to read as follows: "(a) Issuance and execution of inspection warrants shall be ?s follows: (1) A judge of the superior, state, city, or magistrate court, or any municipal officer clothed by law with the powers of a magistrate, upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting inspections authorized by this article, or rules hereunder, and seizures of property appropriate to the inspections. For purpose of the issuance of inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of this article, or rules hereunder, sufficient to justify inspection of the area, premises, building, or conveyance in the circumstances specified in the application for the warrant; (2) A warrant shall issue only upon an affidavit of a designated officer, drug agent, or employee of the State Board of Pharmacy having knowledge of the facts alleged, sworn to before the judicial officer and establishing the grounds for issuing the warrant. If the judicial officer is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he shall issue a warrant identifying the area, premises, building, registrant, or conveyance to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be in spected, if any. The warrant shall: FRIDAY, MARCH 4, 1983 2769 (A) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof; (B) Be directed to persons authorized by Code Section 16-13-45 to execute it; (C) Command the persons to whom it is directed to inspect the area, premises, building, registrant, or conveyance identified for the pur pose specified and, if appropriate, direct the seizure of the property specified; (D) Identify the item or types of property to be seized, if any; and (E) Designate the judicial officer to whom it shall be returned; (3) A warrant issued pursuant to this Code section must be exe cuted and returned within ten days of its date unless, upon a showing of a need for additional time, the court orders otherwise. If property is seized pursuant to a warrant, a copy shall be provided upon request to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any prop erty taken. A copy of the inventory shall be delivered upon request to the person from whom or from whose premises the property was taken and to the applicant for the warrant; (4) The judicial officer who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of the superior court for the county in which the inspection was made." Section 3-17. Code Section 17-4-40 of the Official Code of Georgia Annotated, relating to persons authorized to issue arrest warrants, is amended to read as follows: "17-4-40. Any judge of a superior, city, state, or magistrate court, or any municipal officer clothed by law with the powers of a magistrate may issue his warrant for the arrest of any offender against the penal laws, based either on his own knowledge or on the information of others given to him under oath. Any warrant for the arrest of a peace officer for any offense alleged to have been committed while in the performance of his duties may be issued only by a judge of a superior court, a judge of a state court, or a judge of a probate court." Section 3-18. The introductory language of subsection (a) of Code Section 17-6-3 of the Official Code of Georgia Annotated, relating to recog nizance bonds for military personnel, not including the five paragraphs of the subsection, is amended to read as follows: "In the case of any person engaged in military service who is charged with a misdemeanor and whose bond has been fixed at not more than $400.00 plus costs, any sheriff shall be allowed to accept, in lieu of bail, a recognizance bond executed and signed by the commanding officer of the person or the officer's lawfully delegated subordinates. Any person so charged may be taken into custody on behalf of the military installa- 2770 JOURNAL OF THE SENATE tion by his commanding officer or by persons designated by the com manding officer of the military installation under the following terms and conditions:". Section 3-19. Code Section 17-7-20 of the Official Code of Georgia Annotated, relating to courts of inquiry, is amended to read as follows: "17-7-20. Any judge of a superior or state court, judge of the pro bate court, magistrate, or officer of a municipality who has the criminal jurisdiction of a magistrate may hold a court of inquiry to examine into an accusation against a person legally arrested and brought before him. The time and place of the inquiry shall be determined by him." Section 3-20. Code Section 17-8-36 of the Official Code of Georgia Annotated, relating to entry of continuances on court dockets, is amended to read as follows: "17-8-36. The judges of the superior, state, and city courts shall, upon the continuance of any case, enter the date of the continuance upon their dockets opposite the case and in open court make public announce ment of the continuance." Section 3-21. Subsection (a) of Code Section 17-8-54 of the Official Code of Georgia Annotated, relating to written charges of court in criminal cases, is amended to read as follows: "(a) The judges of the superior, state, and city courts shall, when the counsel for either party requests it before argument begins, write out their charges and read them to the jury; and it shall be error to give any other or additional charge than that so written and read." Section 3-22. Paragraph (1) of Code Section 17-13-1 of the Official Code of Georgia Annotated, relating to applications for extradition of fugi tives, is amended to read as follows: "(1) The application for a requisition shall be made to the Gover nor by a district attorney, prosecuting attorney of a state court, judge of a city or state court, or the mayor of any municipal corporation of this state and must show the full name of the fugitive for whom extradition is asked, the crime charged, the state or territory to which he has fled, the full name of the person suggested to act as agent of this state to receive and convey the fugitive to this state, the agent in no case to be the prose cutor; but the Governor may, in his discretion, appoint some other suita ble person as agent of this state to receive and convey the fugitive. The application must also show that the ends of public justice require that the fugitive shall be brought back to this state for trial and that the requisi tion is not wanted for the purpose of enforcing the collection of a debt or for any private purpose whatever but solely for the purpose of a criminal prosecution as provided by law;". Section 3-23. Subsection (a) of Code Section 24-8-24 of the Official Code of Georgia Annotated, relating to establishment of lost or destroyed papers, is amended to read as follows: "(a) The owner of a lost or destroyed paper which is not an office FRIDAY, MARCH 4, 1983 2771 paper as defined in Code Section 24-8-20 who desires to establish the same shall present to the clerk of the superior court of the county where the maker of the paper resides, if the maker is a resident of this state, a petition in writing, together with a copy, in substance, of the paper lost or destroyed, as nearly as he can recollect, which copy shall be sworn to by the petitioner, his agent, or his attorney." Section 3-24. Code Section 24-10-27 of the Official Code of Georgia Annotated, relating to witness fees for police officers, is amended to read as follows: "24-10-27. Notwithstanding any other provision in this article, any member of the Georgia State Patrol, Georgia Bureau of Investigation, or municipal or county police force, or any deputy sheriff who shall be re quired by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal or police court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involv ing any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, shall be paid for such attendance at a rate fixed by the court, but not less than the per diem paid grand jurors in the preceding term of the superior court of such county or $20.00 per diem, whichever is greater. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The director of the Georgia Bureau of Investigation, the commanding officer of the Georgia State Patrol, the chief of police, or the sheriff shall certify that the claimant has been paid no additional compensation nor given any time off on account of such service. The amount due shall be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which the officer may have received requiring him to appear in such court or before the grand jury on any one day." Section 3-25. Code Section 31-21-20 of the Official Code of Georgia Annotated, relating to the board for distribution of dead bodies, is amended to read as follows: "31-21-20. Professors and demonstrators of anatomy and the deans of medical and dental colleges incorporated under the laws of this state shall constitute a board for the distribution and delivery of dead bodies described in Code Section 31-21-21 to and among such institutions as are entitled thereto. This board shall have power to establish rules and regu lations for its governance and to appoint and remove its officers and shall keep minutes of its transactions. Records shall be kept, under its direc tion, of all bodies received and distributed and of the persons or institu tions to whom they may be distributed, which records shall be open at all 2772 JOURNAL OF THE SENATE times to the inspection of members of this board, any district attorney, or prosecuting attorney of any city or state court." Section 3-26. Code Section 36-32-3 of the Official Code of Georgia Annotated, relating to criminal jurisdiction of police and recorders' courts, is amended to read as follows: "36-32-3. All police court recorders and judges of all recorders' courts in this state shall have and are given the same powers and authori ties as magistrates in the matter of and pertaining to criminal cases of whatever nature in the several courts of this state." Section 3-27. Subsection (b) of Code Section 38-2-6 of the Official Code of Georgia Annotated, relating to ordering organized militia into ac tive service, is amended to read as follows: "(b) Whenever any judge of a superior, city, or state court, sheriff, or mayor of a municipality shall apprehend the outbreak of insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence within the jurisdiction of which such officer is by law the conservator of the peace, or in the event of disaster or other grave emergency, it shall be the duty of the judge, sheriff, or mayor, when it appears that the unlawful combination or disaster has progressed beyond the control of the civil authorities, to notify the Governor, and the Governor may then, in his discretion, if he deems the apprehension well founded or the disaster or emergency of sufficient magnitude, order into the active service of the state for such period, to such extent, and in such manner as he may deem necessary all or any part of the organized militia." Section 3-28. Subsection (b) of Code Section 40-11-4 of the Official Code of Georgia Annotated, relating to liens for removal or storage of automobiles, is amended to read as follows: "(b) The lien acquired under subsection (a) of this Code section may be foreclosed in any court which is competent to hear civil cases, including, but not limited to, magistrate courts. Liens shall be foreclosed in magistrate courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such courts." Section 3-28.1. Subsection (b) of Code Section 44-7-53, relating to answer and trial in dispossessory cases, is amended to read as follows: "(b) If the tenant answers, a trial of the issues shall be had in accordance with the procedure prescribed for civil actions in courts of record except that if the action is tried in the magistrate court the trial shall be had in accordance with the procedures prescribed for that court. Every effort should be made by the trial court to expedite a trial of the issues. The defendant shall be allowed to remain in possession of the premises pending the final outcome of the litigation; provided, however, that, at the time of his answer, the tenant must pay rent into the registry of the court pursuant to Code Section 44-7-54." Section 3-29. Code Section 44-7-71 of the Official Code of Georgia FRIDAY, MARCH 4, 1983 2773 Annotated, relating to applications for distress warrants, is amended to read as follows: "44-7-71. When rent is due or the tenant is seeking to remove his property, the landlord, his agent, his attorney in fact, or his attorney at law may, upon a statement of the facts under oath, apply for a distress warrant before the judge of the superior court, the state court, the civil court, or the magistrate court within the county where the tenant may reside or where his property may be found." Section 3-30. Code Section 44-7-72 of the Official Code of Georgia Annotated, relating to issuance of process regarding distress warrants, is amended to read as follows: "44-7-72. When the affidavit provided for in Code Section 44-7-71 is made, the judge of the superior court, the state court, the civil court, or the magistrate court before whom it was made shall grant and issue a summons to the marshal or the sheriff or his deputy of the county where the tenant resides or where his property may be found. A copy of the summons and the affidavit shall be personally served upon the defendant. If an officer is unable to serve the defendant personally, service may be given by delivering the summons and affidavit to any person who is sui juris residing on the premises. The summons served on the defendant pursuant to this Code section shall command and require the tenant to appear at a hearing on a day certain not less than five nor more than seven days from the date of actual service." Section 3-30.1. Subsection (c) of Code Section 44-7-74, relating to answer and trial in dispossessory warrant cases, is amended to read as follows: "(c) If the tenant answers, a trial of the issues shall be had in ac cordance with the procedure prescribed for civil actions in courts of rec ord except that if the action is tried in the magistrate court the trial shall be had in accordance with the procedures prescribed for that court. Every effort shall be made by the trial court to expedite a trial of the issues. The defendant shall be allowed to remain in possession of the premises and his property pending the final outcome of the litigation, provided that he complies with Code Section 44-7-75." Section 3-31. Code Section 44-14-303 of the Official Code of Georgia Annotated, relating to defenses to certain mortgage foreclosures, is amended to read as follows: "44-14-303. The mortgagor may avail himself of any defense he may have to the foreclosure in the same manner and upon the same con ditions as allowed by law in case of foreclosure of chattel mortgages in the superior courts. Whenever any such defense is filed by the mortgagor, the magistrate issuing the execution shall have the power and jurisdiction to hear and determine the issues made thereon as in other cases at law." Section 3-32. Code Section 45-3-31 of the Official Code of Georgia Annotated, relating to officers' commissions, is amended to read as follows: "45-3-31. The commissions of all other civil officers except officers 2774 JOURNAL OF THE SENATE of magistrate courts of the state or county shall be under the seal of the Office of the Governor, signed by the Governor, and countersigned by one of his secretaries. All officers of the militia of the grade of lieutenant or higher shall have commissions under the seal of the office of the Governor." Section 3-33. The first sentence of Code Section 45-11-4 of the Offi cial Code of Georgia Annotated, relating to malpractice in office, is amended to read as follows: "Any judge of the probate court or member of any board of com missioners who shall be charged with malpractice in office; or with using oppression or tyrannical partiality; or with willfully refusing or failing to preside in or hold his court at the regular terms thereof, or when it is his duty under the law to do so; or with using any other means to delay or avoid the due course or proceeding of law; or with any other conduct unbecoming the character of an upright magistrate; or who shall willfully and knowingly demand more cost than he is entitled to by law in the administration and under color of his office may be indicted." Section 3-34. Code Section 48-4-1 of the Official Code of Georgia Annotated, relating to procedure for sales under tax executions, is amended to read as follows: "48-4-1. If the levy is made upon real or personal property, the property shall be advertised and sold as provided for fi. fas. and judicial sales. Sales under tax executions shall be made under the rules governing judicial sales." Section 3-35. Subsection (f) of Code Section 48-5-359 of the Official Code of Georgia Annotated, relating to sales of property for taxes due mu nicipalities, is amended to read as follows: "(f) The marshal of a municipality and other officers of the munic ipality whose duty it is to collect the taxes and other revenues of the municipality by levy and sale shall be subject to be ruled for money in the hands of the officer arising from the public sale of any property pur suant to process issued by the municipality. Action pursuant to this Code section may be taken either in the superior court, city court, or state court in the county where the municipality is located and shall be accom plished in the same manner as sheriffs and constables are ruled for the distribution of money coming into their hands from the sale of any property." Part 4 Section 4-1. The following Code sections of the Official Code of Geor gia Annotated are amended by striking the terms "justice of the peace" and "justices of the peace" wherever they occur and inserting in their places the terms "magistrate" and "magistrates," respectively: (1) Code Section 4-5-6, relating to destruction of diseased and dis abled animals; (2) Code Section 9-10-113, relating to verification of pleadings; FRIDAY, MARCH 4, 1983 2775 (3) Code Section 9-12-18, relating to confession of judgment; (4) Code Section 9-12-80, relating to dignity of judgments; (5) Code Section 9-15-9, relating to costs on recoveries of less than $50.00; (6) Code Section 9-15-11, relating to inclusion of costs in judgments; (7) Code Section 14-9-114, relating to acknowledgement of certifi cates of limited partnership; (8) Code Section 15-1-8, relating to disqualification of judicial officers; (9) Code Section 15-9-33, relating to authority of probate courts to take oaths; (10) Code Section 15-13-3, relating to demand for money collected by court officers; (11) Code Section 15-13-4, relating to grant of rule nisi; (12) Code Section 15-13-7, relating to liability of court officers to be ruled; (13) Code Section 15-13-8, relating to liability of court officers to be ruled; (14) Code Section 15-13-30, relating to court fees not charged to the state; (15) Code Section 19-3-30, relating to marriage licenses; (16) Code Section 19-3-39, relating to certification of marriage; (17) Code Section 19-3-42, relating to marriages performed by un authorized officers; (18) Code Section 19-3-46, relating to penalties for performing un authorized marriages; (19) Code Section 19-3-48, relating to penalties for performing il legal marriages; (20) Code Section 29-2-82, relating to attestation of receipts of guardians from wards; (21) Code Section 35-3-36, relating to duties of criminal justice agencies to submit data to the Georgia Crime Information Center; (22) Code Section 44-2-15, relating to attestation of registerable instruments; (23) Code Section 44-7-50, relating to dispossessory demands; 2776 JOURNAL OF THE SENATE (24) Code Section 44-7-51, relating to dispossessory summons; (25) Code Section 44-14-231, relating to petitions for writs of possession; (26) Code Section 44-14-300, relating to foreclosure of mortgages on personal property; (27) Code Section 44-14-301, relating to notice of foreclosure proceedings; (28) Code Section 45-3-5, relating to oaths of county officers; (29) Code Section 50-18-91, relating to definitions used in the "Georgia Records Act"; (30) Code Section 51-7-42, relating to malicious prosecution in courts of inquiry; (31) Code Section 53-7-166, relating to receipts of settlement given to administrators and executors; and (32) Code Section 53-12-152, relating to small claims against trust estates. Section 4-2. The following Code sections and chapters of the Official Code of Georgia Annotated are stricken in their entirety and each such Code section or chapter shall be designated in the Official Code of Georgia Annotated as "Reserved.": (1) Chapter 2 of Title 5, relating to appeals to juries in justice of the peace courts; (2) Code Section 5-3-1, relating to appeals from county courts and justice of the peace courts; (3) Code Section 5-3-26, relating to written defenses in appeals from justice of the peace courts; (4) Code Section 5-4-4, relating to certiorari from justice of the peace court cases tried by a jury; (5) Code Section 15-16-17, relating to service of sheriffs in justice of the peace courts; (6) Chapter 17 of Title 15, relating to constables; (7) Code Section 17-7-33, relating to billing and payment of costs of justices of the peace and constables; (8) Code Section 24-7-22, relating to transcripts of proceedings in justice of the peace courts; (9) Code Section 24-8-23, relating to establishment of lost papers in justice of the peace courts; FRIDAY, MARCH 4, 1983 2777 (10) Code Sections 36-2-5 through 36-2-7, relating to the effect on justice of the peace courts of changes in militia district lines; and (11) Chapter 8 of Title 51, relating to actions for forcible entry and detainer. Part 5 Section 5-1. Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, is amended by striking Code Section 15-21-2, relating to payment into the county treasury, and inserting in its place a new Code section to read as follows: "15-21-2. (a) The officers of the several courts, including the pros ecuting officers, shall pay into the county treasury of the county where the court is held all moneys arising from fines and forfeitures collected by them and, upon failure to do so, shall be subject to rule and attachment as in the case of defaulting sheriffs. (b) No officer shall be required to pay any money into the treasury until all the legal claims on the funds held and owned by the officer bringing the money into court in the particular case by which the funds for distribution were brought into court have been allowed and paid." Section 5-2. Said chapter is further amended by striking Code Section 15-21-6 which reads as follows: "15-21-6. Any officer of the county court having jurisdiction for the trial of misdemeanors in any county or any notary public or justice of the peace having a like claim for costs or before whom a preliminary investigation has been conducted and also constables having a like claim for costs shall present the same to the judge of the county court in the form prescribed in Code Section 15-21-5. When an order is approved and entered on the minutes of the county court, if any, and if not, on a book prepared and kept by the county court, notary public, or justice of the peace for that purpose, the same shall be a warrant on the county treasurer to be paid out of any fines and forfeitures arising from proceed ings in the county court, in accordance with the laws providing for the distribution of fines and forfeitures in the superior court.", and inserting in its place the following: "15-21-6. Reserved." Section 5-3. Said chapter is further amended by striking Code Section 15-21-11, relating to priorities for distribution, and inserting in its place a new Code section to read as follows: "15-21-11. Unless otherwise provided by law, money arising from fines for a violation of the penal laws or collected on forfeited recogni zances in the superior courts shall be first applied to the extinguishment of the insolvent lists of the officers bringing the funds into court and then to the orders of former officers in proportion to their claims." 2778 JOURNAL OF THE SENATE Section 5-4. Said chapter is further amended by striking Code Section 15-21-12 which reads as follows: "15-21-12. (a) Costs due justices of the peace and constables in the cases listed in subsection (b) of this Code section shall be paid out of fines and forfeitures upon the order of the judge of the superior court, are of equal dignity with the accounts of the officers of the superior court, and are entitled to participate pro rata upon a distribution of any funds arising from fines and forfeitures. (b) This Code section shall apply to cases: (1) When a party has been acquitted; (2) When a party is unable to pay costs; (3) In counties in which there are no county courts, when persons have been bound over by the justice of the peace or have been committed to jail in default of bail and the grand jury makes a return of 'no bill'; (4) When, after an investigation, the party has been discharged by the justice of the peace; (5) In counties where there are county courts, in felony cases; and (6) In misdemeanor cases in which an indictment has been demanded.", and inserting in its place the following: "15-21-12. Reserved." Section 5-5. Said chapter is further amended by striking Code Section 15-21-13, relating to priority of claims, and inserting in its place a new Code section to read as follows: "15-21-13. (a) All claims for fees of solicitors of city courts, sher iffs, clerks, and district attorneys shall be paid from the funds arising from fines imposed in criminal cases before any claim or order of any claimant or distributee shall be paid. (b) Nothing contained in subsection (a) of this Code section shall in any way affect the fines and forfeitures of any court whose officers are on salaries and where the fines and forfeitures are remitted to the county treasury." Section 5-6. Said chapter is further amended by striking Article 2, relating to compensation of justices of the peace and constables in certain criminal cases, and inserting in its place the following: FRIDAY, MARCH 4, 1983 2779 "ARTICLE 2 Reserved." Part 6 Section 6-1. Title 21 of the Official Code of Georgia Annotated, relat ing to elections, is amended by striking from subsection (a) of Code Section 21-2-5, relating to qualifications of candidates, the following: ", except for the office of justice of the peace,". Section 6-2. Said title is further amended by striking from subsection (a) of Code Section 21-2-6, relating to qualifications of candidates for county office, the following: "and for the office of justice of the peace". Section 6-3. Said title is further amended by striking from Code Sec tion 21-2-9, relating to election dates, the following: "county officers, and justices of the peace", and inserting in lieu thereof the following: "and county officers". Section 6-4. Said title is further amended by striking from paragraph (1) of subsection (a) of Code Section 21-2-131, relating to qualification fees, the following: ", except that the fee for the office of justice of the peace shall be $10.00". Section 6-5. Said title is further amended by striking from paragraph (1) of subsection (c) of Code Section 21-2-132, relating to notice of candi dacy, the following: ", except that such filing shall not apply to a candidate for a militia district office (justice of the peace)". Section 6-6. Said title is further amended by striking from subparagraph (C) of paragraph (4) of Code Section 21-2-497, relating to election returns, the following: ", justice of the peace,". Section 6-7. Said title is further amended by striking from subsection (d) of Code Section 21-2-502, relating to certificates of election, the following: "and justices of the peace", and by striking from said subsection (d) the following: "or justice of the peace". 2780 JOURNAL OF THE SENATE Section 6-8. Said title is further amended by striking from subparagraph (A) of paragraph (3) of Code Section 21-4-3, relating to definitions pertaining to recall, the following: "except justices of the peace", and by striking from subparagraph (B) of said paragraph (3) the following: "and justices of the peace". Section 6-9. Said title is further amended by striking from paragraph (2) of subsection (b) of Code Section 21-4-12, relating to recall elections, the following: "or justice of the peace", by striking from paragraph (1) of subsection (d) of said Code section the following: "other than a justice of the peace", and by striking from paragraph (2) of subsection (d) of said Code section the following: "or justice of the peace". Section 6-10. Said title is further amended by striking from para graph (1) of subsection (a) of Code Section 21-S-5, relating to campaign financial disclosure reports, the following: "and justices of the peace", by striking from paragraph (3) of subsection (a) of said Code section the following: "or for justice of the peace", and by striking from paragraph (5) of subsection (g) of said Code section the following: ", county officials, or justices of the peace", and inserting in lieu of said immediately preceding stricken matter the following: "or county officials". Part 7 Section 7-1. Effective June 30, 1983, Chapter 22 of Title 15 of the Official Code of Georgia Annotated, the "Courts of Limited Jurisdiction Compensation Act of 1982," is repealed in its entirety. Section 7-2. Not later than June 15, 1983, the governing authority of each county shall fix the compensation to be received by each officer other than a probate judge who will become a magistrate pursuant to this Act. Such compensation shall not be less than the minimum compensation speci- FRIDAY, MARCH 4, 1983 2781 fied by Code Section 15-10-23 of the Official Code of Georgia Annotated enacted by this Act. The salaries so fixed shall become effective on June 30, 1983. If, however, any county governing authority fails to act under this section, it will be deemed to have fixed for such officer a salary equal to the greater of the salary he was receiving immediately prior to June 30, 1983, or the minimum specified by Code Section 15-10-23 enacted by this Act. Pro bate judges formerly compensated under Chapter 22 of Title 15 of the Offi cial Code of Georgia Annotated shall, on and after June 30, 1983, continue to receive the same salary they were receiving immediately prior to that date but not less than the amount specified in Code Sections 15-9-63 through 15-9-67; and such salary shall be in lieu of any and all fees for merly received by such probate judges as compensation for their services as probate judges, which fees shall be accounted for and paid to the county treasury not less often than monthly. This section shall not prohibit any oth erwise lawful local Act relating to any probate judge's or magistrate's compensation. Section 7-3. As to any other matter which a county governing author ity or judges of superior court will after July 1, 1983, be authorized to act upon under Chapter 10 of Title 15 of the Official Code of Georgia Anno tated, as enacted by this Act, the county governing authority or judges of superior court may act prior to July 1, 1983, if the effective date of such action is delayed until July 1, 1983, or later. Section 7-4. With respect to each officer other than a probate judge who becomes a magistrate on July 1, 1983, pursuant to Article VI, Section X, Paragraph II of the Constitution, the position or office in which such officer was formerly serving shall be abolished for all purposes immediately upon the expiration of the term of the incumbent; and no person shall be selected to fill such office thereafter. This section shall not operate to shorten the term which any such officer will serve as magistrate pursuant to said paragraph of the Constitution and shall not operate to prevent any such officer from thereafter being selected as a magistrate. Part 8 Section 8-1. The provisions of Parts 3, 4, 5, and 6 of this Act shall wherever possible be construed in harmony with other Acts of the 1983 General Assembly. In the event of an irreconcilable conflict between the provisions of Part 3, 4, 5, or 6 of this Act and another Act of the 1983 General Assembly, the provisions of such other Act shall control over the provisions of Part 3, 4, 5, or 6 of this Act. Section 8-2. (a) Part 7 of this Act shall become effective upon ap proval of this Act by the Governor. (b) Except as provided in subsection (a) of this section, this Act shall become effective July 1, 1983. Section 8-3. All laws and parts of laws in conflict with this Act are repealed. Senator Deal of the 49th moved that the Senate adopt the Conference Committee report on HB 121. 2782 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 Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coggin Dawkins Deal Dean English Fincher Foster Garner Gillis Hill Hine Holloway Howard Huggins Kennedy Kidd Land McGill Peevy Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Timmons Trulock Tysinger Walker Those voting in the negative were Senators: Bowen Lester McKenzie Turner Those not voting were Senators: Barker Cobb Coleman Coverdell Engram Greene Harris Harrison Horton Hudgins Littlefield Perry Thompson On the motion, the yeas were 39, nays 4; the motion prevailed, and the Senate adopted the Conference Committee report on HB 121. The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto: 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. The House amendment was as follows: Amend the Senate Substitute to HB 107 as follows: By inserting in line 5 on Page 1 between the word and semicolon "con tributions;" and the word "to" the following: FRIDAY, MARCH 4, 1983 2783 "to provide that credit for such military service shall not be used to qualify for retirement because of involuntary separation;". By inserting between the period and quotation mark appearing in line 16 on Page 2 a new sentence to read as follows: "Under no circumstances shall credit for military service obtained pursuant to the authority of this subsection be used to qualify for retire ment as a result of involuntary separation." By striking Section 4 on Page 4 in its entirety. By renumbering Section 5 on Page 4 as Section 4. Senator tester of the 23rd moved that the Senate agree to the House amendment to the Senate substitute on HB 107. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barnes Bond Bowen Brannon SrZoflTM Brown of 47th Burton Coggin Coverdell Dawkins Deal Dean English Fincher Garner Gillis Greene Hm Hine Holloway "oward Hudgms Huggins Kennedy Kidd Land tester Littlefield McGill McKenzie Peevy Phillips Scott of 36th Scott of 43rd Starr Tate Timmons Trulock Turner Tysinger Walker Voting in the negative were Senators Brantley and Stumbaugh. Those not voting were Senators: Barker Cobb Coleman Engram Foster Harris Harrison Horton Perry Scott of 2nd Thompson On the motion, the yeas were 43, nays 2; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 107. 2784 JOURNAL OF THE SENATE The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon: 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. The Conference Committee report on HB 530 was as follows: The Conference Committee on HB 530 recommends that both the Sen ate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 530 be adopted. Respectfully submitted, FOR THE SENATE: /s/ R. T. Phillips Senator, 9th District /s/ Frank E. Coggin Senator, 35th District /s/ Rooney L. Bowen Senator, 13th District FOR THE HOUSE OF REPRESENTATIVES: /s/ Barbara Couch Representative, 40th District /s/ Betty Aaron Representative, 56th District /s/ Earleen Sizemore Representative, 136th District Conference Committee substitute to HB 530: A BILL TO BE ENTITLED AN ACT 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 date for making tax returns; to change the date for filing application for home stead exemption; to provide that it shall be unlawful for any person, firm, or corporation to solicit, either directly or by mail or advertisement, any other person for the purpose of filing on behalf of such other person the applica tion and schedule for homestead exemption if a fee is charged therefor; to provide for a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 48 of the Official Code of Georgia An notated, relating to ad valorem taxation of property, is amended by striking subsection (a) of Code Section 48-5-18, relating to the time for making tax FRIDAY, MARCH 4, 1983 2785 returns, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: "(a) Except as otherwise provided in this Code section, each tax commissioner and tax receiver shall open his books for the return of taxes on January 1 and shall close his books on April 1 of each year." Section 2. Said chapter is further amended by striking subsection (a) of Code Section 48-5-45, relating to application for homestead exemptions, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) An applicant seeking a homestead exemption as provided in Code Section 48-5-44 shall file on or before April 1 and, in the case of an exemption from taxes levied by a consolidated city-county government, on or before April 1 of the year in which exemption from taxation is sought a written application and schedule with the tax receiver or tax commissioner charged with the duty of receiving returns of property for taxation. The failure to file properly the application and schedule shall constitute a waiver of the homestead exemption on the part of the appli cant failing to make the application for such exemption for that year." Section 3. Said Code Section is further amended by adding at the end thereof a new subsection (e) to read as follows: "(e) It is unlawful for any person, firm, or corporation to solicit, either directly or by mail or advertisement, any other person for the pur pose of filing on behalf of such other person the application and schedule for homestead exemption required by this Code section if a fee is charged for filing such application and schedule on behalf of such other person. A violation of this subsection shall be a misdemeanor." Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are repealed. Senator Coggin of the 35th moved that the Senate adopt the Conference Commit tee report on HB 530. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Deal Dean English Engram Fincher Foster Gillis 2786 Greene Harris Hill Hine Holloway Howard Hudgins Huggins Kennedy JOURNAL OF THE SENATE Kidd Land Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 43rd Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Barker Coleman Garner Harrison Horton Scott of 2nd Scott of 36th Thompson On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 530. The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Starr of the 44th moved that the Senate adhere to its disagreement to the House amendment to the Senate substitute to HB 532, and that a Conference Commit tee be appointed. On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to the Senate substitute to HB 532. The President appointed as a Conference Committee on the part of the Senate the following: Senators Starr of the 44th, Foster of the 50th and Dean of the 31st. FRIDAY, MARCH 4, 1983 2787 The following local bill of the House was taken up for the purpose of considering the House amendment to the Senate amendment thereto: 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. The House amendment was as follows: Amend the amendment offered by the Senate to HB 658 as follows: A BILL TO BE ENTITLED AN ACT To amend an Act providing for the establishment of a county-wide li brary system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), so as to authorize the City of Atlanta to create a special district within that portion of said city lying within DeKalb County for the provision of library services therein pursuant to a contract with certain other local governments; to provide for the authority of the library board of trustees; to provide for a director and deputy director of library services to be appointed by the board of trustees; to provide for other personnel; to provide for fund ing the county-wide library system and for procedures and requirements rel ative thereto; 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. An Act providing for the establishment of a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), is amended by adding at the end of Section 1 a new subsection (h) to read as follows: "(h) Notwithstanding any other provisions of this Act, pursuant to a contract with either Fulton County or DeKalb County for the provision of public library services and facilities within that portion of the City of Atlanta lying within DeKalb County, the City of Atlanta may create within that portion of the City of Atlanta lying within DeKalb County a special district for the provision of library services and levy and collect within such special district fees, assessments, and taxes to pay the cost of such services. The levy of an ad valorem tax by the city for such purposes shall equal the ad valorem tax millage rate set by Fulton County to sup port the county-wide library system provided for by this Act. The levy of such ad valorem tax by the city within the special district shall not con stitute a violation of the contract provided for in subsection (g) of this section." Section 2. Said Act is further amended by adding at the end of Sec tion 4 a new subsection (c) to read as follows: 2788 JOURNAL OF THE SENATE "(c) The library board of trustees provided for in this section shall have general supervision of the county-wide library system provided for in this Act and shall have power to make reasonable rules and regula tions for the operation of the county-wide library system. Said board of trustees may establish branches and stations wherever deemed advisable and may carry on other forms of library extension service. Said board of trustees shall create the office of director and deputy director of library services and fix the terms of office and compensation of said officers, and said offices shall be filled by persons with professional library training and experience who shall be appointed by the board of trustees. Notwith standing the provisions of Section 2 of this Act, the director and deputy director of library services shall not be subject to the civil service laws and regulations of Fulton County. Other employees of the library board of trustees shall be subject to the civil service laws and regulations of Fulton County as provided in Section 2 of this Act, but such employees shall be subject to the supervision and control of the library board of trustees. The county-wide library system and the board of trustees shall be subject to the budgetary laws and purchasing procedures and require ments of Fulton County in the same manner as other departments of the Fulton County government, and said county-wide library system shall be funded by appropriations made to the library board of trustees by the county in accordance with the budgetary laws and purchasing procedures and requirements of Fulton County. In addition thereto, the board of trustees may also receive funds to support financially the county-wide library system pursuant to a contract entered into under the provisions of subsection (h) of Section 1 of this Act. The board of trustees may also accept grants, bequests, or donations from any source to carry out the purposes and functions of the county-wide library system. The board of trustees may contract within the limits of funds made available to the board, provided that any such contract shall be made in accordance with the purchasing and contracting laws and regulations of Fulton County." 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 Coverdell of the 40th moved that the Senate agree to the House amend ment to the Senate amendment to HB 658. On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 658. The following bill of the House was taken up for the purpose of considering the House action thereon: 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, MARCH 4, 1983 2789 the General Assembly, so as to define "population bill" and to prohibit the General Assembly from passing any population bill, with certain exceptions. Senator Hine of the 52nd moved that the Senate adhere to the Senate amendment to HB 374, and that a Conference Committee be appointed. On the motion, the yeas were 29, nays 2; the motion prevailed, and the Senate adhered to the Senate amendment to HB 374. The President appointed as a Conference Committee on the part of the Senate the following: Senators Scott of the 43rd, Hine of the 52nd and Hudgins of the 15th. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: 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. Senate Sponsor: Senator Coggin of the 35th. The Senate Committee on Judiciary offered the following substitute to HB 326: A BILL TO BE ENTITLED AN ACT 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; to provide that notice of hearings on execution of a bond forfeiture shall be by first-class mail; to provide that, if a defendant has not been brought to trial within three years, no judgment of forfeiture may be enforced against the surety on the bond; 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 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to forfeiture proceedings for bonds or recogni zances, is amended by repealing Code Section 17-6-70, relating to institu tion of forfeiture proceedings generally, as enacted by an Act approved April 16, 1982 (Ga. L. 1982, p. 1658), and redesignated as Code Section 2790 JOURNAL OF THE SENATE 17-6-70.1 by HB 3 of the 1983 session of the General Assembly, which reads as follows: "17-6-70.1. Upon the failure of any principal in any bond or recog nizance given by a person charged with a penal offense to appear or of a witness to appear and testify, the prosecuting attorney shall proceed to forfeit such bond or recognizance.", in its entirety. Section 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 17-6-71, relating to hearings on executions of bond forfeitures, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) The judge shall upon the failure to appear set an execution hearing for a date at least 90 days after the failure to appear or as soon thereafter as the case may be heard. Notice of the hearing shall be mailed by first-class mail by the clerk of court to the principal and to each surety at the addresses given on the bond." Section 3. Said article is further amended by striking in its entirety subsection (d) of Code Section 17-6-72, relating to the time at which a judgment of forfeiture shall be entered, as enacted by an Act approved April 16, 1982 (Ga. L. 1982, p. 16S8), and redesignated as subsection (c) by HB 3 of the 1983 session of the General Assembly, which reads as follows: "(c) No judgment shall be rendered decreeing the forfeiture of any appearance bond if the defendant has not been brought to trial for a period of three years after the date of posting bond.", and inserting in lieu thereof a new subsection (c) to read as follows: "(c) If the prosecution does not try the charges against a defen dant within a period of three years after the date of posting bond, no judgment rendered after such period decreeing the forfeiture of the ap pearance bond may be enforced against the surety on the bond. This pro vision shall not apply where the prosecution's failure to try the charges is due to the fault of the defendant." Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 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. FRIDAY, MARCH 4, 1983 2791 On 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 Dawkins Deal Dean English Engram Fincher Garner Gillis Harris Hill Hine Holloway 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 Those not voting were Senators: Barker Broun of 46th Coleman Coverdell Foster Greene Harrison Horton McKenzie Thompson Timmons Walker On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. 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. Senate Sponsors: Senators Starr of the 44th and Barnes of the 33rd. 2792 JOURNAL OF THE SENATE Senators Barnes of the 33rd and Dean of the 31st offered the following substitute to HB 606: 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, generally, so as to pro hibit certain conduct by public officials, public employees, and certain busi nesses; to provide definitions; to provide legislative intent; to make it unlaw ful for public officials and employees to engage in certain business transactions; to provide civil penalties; to provide exceptions; to provide for applicability; to require certain disclosures; to provide civil penalties for fail ing to make such disclosures; to provide for civil sanctions and for removal from office or employment; to provide for other matters relating thereto; to continue certain provisions relating to the State Merit System of Personnel Administration; to amend Code Section 16-10-6 of the Official Code of Georgia Annotated, relating to transactions with the state by certain per sons, so as to delete certain references to prohibited transactions; 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 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, generally, is amended by striking Part 1 thereof, which reads as follows: "Part 1 45-10-20. (a) It shall be unlawful for any full-time appointive state official or employee to contract to buy from or sell to the state any real or personal property, goods, or services, or a combination thereof, when such purchase or sale would benefit or be likely to benefit such official or employee, provided that upon compliance with the conditions and proce dures set forth in this part, a chaplain, fireman, any person holding a doctoral or master's degree from an accredited college or university, a licensed physician, dentist, or psychologist, or a registered nurse or li censed practical nurse, if employed full time by the state, may sell his services to another department, agency, commission, or authority of the state on a part-time basis. The exclusive procedure to be followed in such instances is as follows: (1) The chief executive officer of the department, agency, commis sion, or authority which desires to obtain the services of a chaplain, fire man, any person holding a doctoral or master's degree from an accred ited college or university, a licensed physician, dentist, or psychologist, or a registered nurse or licensed practical nurse presently employed full time by another department, agency, commission, or authority of the state shall certify in writing the need for the services and set forth by the best interest of the state will be served by obtaining the part-time ser vices of such person in lieu of obtaining such services from a person not presently employed by the state; (2) The chief executive officer of the department, agency, commis- FRIDAY, MARCH 4, 1983 2793 sion, or authority presently employing the chaplain, fireman, any person holding a doctoral or master's degree from an accredited college or uni versity, the licensed physician, dentist, or psychologist, or the registered nurse or licensed practical nurse on a full-time basis shall certify in writ ing that the person whose services are desired is available to perform such services, that the performance of such services will not detract or have a detrimental effect on the performance of said person's full-time employment and, where appropriate, that the part-time employment of such person by the department, agency, commission, or authority desir ous of obtaining the services will be in the best interest of the state; (3) The departments, agencies, commissions, or authorities, after having complied with paragraphs (1) and (2) of subsection (a) of this Code section shall, by agreement, establish the procedures under which the employee shall perform the additional services. The agreement shall specify the means of employment either as a part-time employee or as a consultant, the compensation, and other pertinent details and conditions of the employment relationship. The agreement shall be terminable at any time by either of the departments, agencies, commissions, or authorities. (b) The Public Service Commission may contract with state agen cies to use state employees. (c) Notwithstanding any other provision of this part to the con trary, the Georgia Public Service Commission shall be authorized to em ploy and to pay for the services of any full-time state employee who has any particular expertise or knowledge which may be of assistance to the Georgia Public Service Commission or the Consumers' Utility Counsel in fulfilling its duties and responsibilities under Title 46. The terms and conditions of such employment shall be solely determined by the Georgia Public Service Commission; but, in any event, the full-time employee may not provide services to the Georgia Public Service Commission dur ing such times as he is regularly scheduled to be at his primary place of employment unless the employee has received permission to do so from his regular employer or unless the employee is on annual leave or leave without pay. (d) This Code section shall in no way amend or repeal any statute or regulation promulgated pursuant thereto pertaining to the State Merit System of Personnel Administration. (e) This Code section shall not apply to employees of departments of state government employed part time by the Georgia Building Author ity as custodial and cleaning workers or to employees of the Georgia School for the Deaf and the Atlanta Area School for the Deaf employed part time by other agencies of state government. 45-10-21. No member of any state board, bureau, commission, or other state agency by whatever name called or of any authority created by law shall make any contract in any capacity whatsoever to furnish any goods or supplies, or both, to the state, except after competitive bid thereon. No such person shall act as dealer, agent, or broker, or in any 2794 JOURNAL OF THE SENATE other manner in connection with the sale of goods or services, or both, to the state, except after competitive bid thereon. 45-10-22. No member of any state board, bureau, commission, or other state agency by whatever name called or of any authority created by law shall act as dealer, agent, or broker, or in any other manner in connection with the sale of goods or services, or both, to the state, unless such person operates a regularly established business enterprise which, when selling such goods or services, or both, to the state, meets all the legal requirements relative to submission of bids, posting of bonds, quali ty of goods or services, or both, and all other requirements in connection with such transactions. 45-10-23. No person who is a member of any state board, bureau, commission, or other state agency by whatever name called or of any authority created by law shall engage in any transaction with any such board, bureau, commission, committee, or other state agency or any such authority of which such person is a member. 45-10-24. All bids, agreements, contracts, or other instruments in connection with the furnishing of goods or services, or both, to the state shall include a statement to the effect that the signers of such instrument certify that this part has not been violated and will not be violated in any respect. 45-10-25. Any full-time appointive official or employee of the state government who violates any provision of this part shall be discharged immediately from the service of the state. The membership of any mem ber of any board, bureau, commission, or other state agency by whatever name called, or of any authority created by law, who violates any of the provisions of this part, shall be immediately vacated, and such vacancy shall be filled as provided by law. Any person, firm, or corporation violat ing any of the provisions of this part shall be barred from further busi ness dealings with the state until the violation complained of is corrected. 45-10-26. Any person who violates this part shall be guilty of a misdemeanor.", and inserting in lieu thereof a new Part 1 to read as follows: "Part 1 45-10-20. As used in this article, the term: (1) 'Agency' means any agency, authority, department, board, bu reau, commission, committee, office, or instrumentality of the State of Georgia but shall not mean a political subdivision of the State of Georgia. (2) 'Business' means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed indi vidual, trust, or other legal entity. (3) 'Employee' means any person who, pursuant to a written or oral contract, is employed by an agency. FRIDAY, MARCH 4, 1983 2795 (4) 'Family' means spouse and dependents. (5) 'Full-time' means 30 hours of work for the state per week for more than 26 weeks per calendar year. (6) 'Limited powers' means those powers other than state-wide powers. (7) 'Part-time' means any amount of work other than full-time work. (8) 'Person' means any person, corporation, partnership, proprie torship, firm, enterprise, franchise, association, organization, or other le gal entity. (9) 'Public official' means any person elected to a state office and means any person appointed to a state office where in the conduct of such office the person so appointed has administrative and discretionary au thority to receive and extend public funds and to perform certain func tions concerning the public which are assigned to him by law. (10) 'State-wide powers' means those powers exercised by public officials which affect and influence all of state government. Public offi cials who exercise such powers include but are not limited to the Gover nor, the Lieutenant Governor, members of the General Assembly, Jus tices of the Supreme Court, Judges of the Court of Appeals, the Secretary of State, the Attorney General, the state auditor, the commis sioner of the Department of Administrative Services, the commissioner of the State Merit System of Personnel Administration and members of the State Personnel Board, the director of the Office of Planning and Budget, judges of the superior courts, and district attorneys. (11) 'Substantial interest' means the direct or indirect ownership of more than 25 percent of the assets or stock of any business. (12) 'Transact business' or 'transact any business' means to buy, sell, or lease any personal property, real property, or services on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative. 45-10-21. (a) It is essential to the proper operation of democratic government that public officials be independent and impartial, that gov ernmental decisions and policy be made in the proper channels of the governmental structure, that public office not be used for private gain other than the remuneration provided by law, and that there be public confidence in the integrity of government. The attainment of one or more of these ends is impaired whenever there exists a conflict between the private interests of an elected official or a government employee and his duties as such. The public interest, therefore, requires that the law pro tect against such conflicts of interest and establish appropriate ethical standards with respect to the conduct of elected officials and government employees in situations where conflicts exist. (b) It is also essential to the proper operation of government that those best qualified be encouraged to serve the government. Accordingly, 2796 JOURNAL OF THE SENATE legal safeguards against conflicts of interest must be so designed as not unnecessarily or unreasonably to impede the recruitment and retention by the government of those men and women who are best qualified to serve it. An essential principle underlying the staffing of our government structure is that its elected officials and employees should not be denied the opportunity, available to all other citizens, to acquire and retain pri vate economic and other interests, except where conflicts with the respon sibility of such elected officials and employees to the public cannot be avoided. (c) The General Assembly declares that the operation of responsi ble democratic government requires that the fullest opportunity be af forded to the people to petition their government for the redress of griev ances and to express freely to individual members of the General Assembly, to committees of the General Assembly, and to officials of the executive branch their opinions on legislation, on pending executive ac tions, and on current issues and that, to preserve and maintain the integ rity of the legislative and administrative processes, it is necessary that the identity, expenditures, and activities of certain persons who engage in ef forts to persuade members of the General Assembly or the executive branch to take specific actions, either by direct communication to such officials, or by solicitation of others to engage in such efforts, be publicly and regularly disclosed. The provisions of this article shall be liberally construed to promote complete disclosure of such information so as to assure that the public interest will be fully protected. (d) It is the policy and purpose of this article to implement these objectives of protecting the integrity of all governmental units of this state and of facilitating the recruitment and retention of qualified person nel by prescribing essential restrictions against conflicts of interest in state government without creating unnecessary barriers to the public service. 45-10-22. (a) (1) It shall be unlawful for any full-time public offi cial who has state-wide powers, for himself or on behalf of any business, or for any business in which such public official or member of his family has a substantial interest to transact any business with any agency. (2) It shall be unlawful for any public official or employee who has limited powers, for himself or on behalf of any business, or for any busi ness in which such public official or member of his family has a substan tial interest to transact any business with the agency for which such pub lic official serves. (b) Any person who knowingly violates subsection (a) of this Code section shall be subject to the penalties provided for in Code Section 4510-28. 45-10-23. (a) It shall be unlawful for any full-time employee, for himself or on behalf of any business, or for any business in which such employee or member of his family has a substantial interest to transact any business with the agency by which such employee is employed. (b) Any person who knowingly violates subsection (a) of this Code FRIDAY, MARCH 4, 1983 2797 section shall be subject to the penalties provided for in Code Section 4510-28. 45-10-24. (a) (1) Except as provided in subsection (b) of this Code section, it shall be unlawful for any part-time public official who has state-wide powers, for himself or on behalf of any business, or for any business in which such public official or member of his family has a sub stantial interest to transact any business with any agency. (2) Except as provided in subsection (b) of this Code section, it shall be unlawful for any part-time employee, for himself or on behalf of any business, or for any business in which such employee or member of his family has a substantial interest to transact any business with the agency by which such employee is employed. (b) The provisions of subsection (a) shall not apply to: (1) Any transaction made pursuant to sealed competitive bids; (2) Any transaction when the amount of a single transaction does not exceed $250.00 and when the aggregate of all such transactions does not exceed $9,000.00 per calendar year; and (3) Any transaction involving the lease of real property to or from any agency of such transaction has been approved by the State Proper ties Commission or the Space Management Division of the Department of Administrative Services. (c) Any person who knowingly violates subsection (a) of this Code section shall be subject to the penalties provided for in Code Section 4510-28. 45-10-25. The provisions of Code Sections 45-10-22, 45-10-23, and 45-10-24 shall not apply to: (1) Any transaction involving the sale of real property to the state or any agency through eminent domain; (2) Any transaction involving the purchase by the public official or employee of any health or life insurance, disability benefits, or retirement or pension benefits offered as a part of a public official's or employee's service or employment; (3) Any transaction between a public official or employee or any business in which such public official or employee or any member of his family has a substantial interest and any person, the cost of which trans action is paid directly or indirectly by state funds, if the property or ser vices involved in the transaction are for the private use and benefit of the person to whom such property or services are sold or rendered and such person does not subsequently sell or lease such property or services to an agency; (4) Any transaction between a public official or employee or any business in which such public official or employee or any member of his family has a substantial interest and any state contractor if there was no 2798 JOURNAL OF THE SENATE agreement prior to the transaction that the public official or employee would assist, other than by providing goods or services as required under the terms of the agreement underlying the transaction, the contractor in obtaining, retaining, or fulfilling the state contract and if the public offi cial or employee does not assist, other than by providing goods or services as required under the terms of the agreement underlying the transaction, the contractor in obtaining, retaining, or fulfilling the state contract; (5) Any transaction involving part-time employment by the Geor gia Building Authority of custodial and cleaning workers who work for other agencies; (6) Any transaction involving part-time employment by any agency of a chaplain, fireman, any person holding a doctoral or master's degree from an accredited college or university, a licensed physician, dentist, or psychologist, or a registered nurse or licensed practical nurse, if employed by the state, if: (A) The chief executive officer of the department, agency, commis sion, or authority which desires to obtain the services of a chaplain, fire man, any person holding a doctoral or master's degree from an accred ited college or university, a licensed physician, dentist, or psychologist, or a registered nurse or licensed practical nurse presently employed by an other department, agency, commission, or authority of the state shall cer tify in writing the need for the services and set forth why the best inter est of the state will be served by obtaining the part-time services of such a person in lieu of obtaining such services from a person not presently employed by the state; (B) The chief executive officer of the department, agency, commis sion, or authority presently employing the chaplain, fireman, any person holding a doctoral or master's degree from an accredited college or uni versity, the licensed physician, dentist, or psychologist, or the registered nurse or licensed practical nurse shall certify in writing that the person whose services are desired is available to perform such services, that the performance of such services will not detract or have a detrimental effect on the performance of said person's employment and, where appropriate, that the part-time employment of such person by the department, agency, commission, or authority desirous of obtaining the services will be in the best interest of the state; (C) The departments, agencies, commissions, or authorities, after having complied with subparagraphs (A) and (B) of this paragraph shall, by agreement, establish the procedures under which the employee shall perform the additional services. The agreement shall specify the means of employment either as a part-time employee or as a consultant, the com pensation, and other pertinent details and conditions of the employment relationship. The agreement shall be terminable at any time by either of the departments, agencies, commissions, or authorities; (7) Any transaction involving the Public Service Commission's em ployment of any state employee who has any particular expertise or knowledge which may be of assistance to the Georgia Public Service Commission or the Consumers' Utility Counsel in fulfilling its duties and FRIDAY, MARCH 4, 1983 2799 responsibilities under Title 46. The terms and conditions of such employ ment shall be solely determined by the Georgia Public Service Commis sion; but, in any event, the employee may not provide services to the Georgia Public Service Commission during such times as he is regularly scheduled to be at his primary place of employment unless the employee has received permission to do so from his regular employer or unless the employee is on annual leave or leave without pay; (8) Any transaction involving an emergency purchase by any agency which must be made to protect the health, safety, or welfare of the citizens or property of Georgia; (9) Any transaction involving property or a service for which the only source of supply in the State of Georgia is from the public official or employee or a business in which such public official or employee or mem ber of his family has a substantial interest; (10) Any transaction occurring prior to March 1, 1983; (11) Any transaction occurring prior to qualifying to run for elec tive office, accepting appointment to public office, or accepting public em ployment and any transaction occurring after qualifying to run for elec tive office, accepting appointment to public office, or accepting public employment if the legal obligation and duty to undertake such transac tion arose prior to qualifying to run for elective office, accepting appoint ment to public office, or accepting public employment; (12) Any transaction whereby a public official or employee or any business in which such public official or employee or any member of his family has a substantial interest collects a fee or commission as compen sation for performing a service for the state when such performance is required or authorized by law, including but not limited to the collection of state sales tax, the collection of license fees, and the collection of ex cise taxes; or (13) Any transaction whereby an appointed public official or em ployee, under the procedures specified in this paragraph, sells to a unit of the University System of Georgia services as a teacher or instructor of an evening or night course or program, if: (A) The chief executive officer of the unit of the University System of Georgia shall certify in writing the need for the services and set forth why the best interest of the state will be served by obtaining the services of such state official or employee in lieu of obtaining such services from a person not presently employed by the state; (B) The chief executive officer of the department, agency, commis sion, or authority presently employing the state official or employee shall certify in writing that the person whose services are desired is available to perform such services, that the performance of such services will not detract or have a detrimental effect on the performance of said person's full-time employment, and, where appropriate, that the employment of such person by the unit of the University System of Georgia will be in the best interest of the state; and 2800 JOURNAL OF THE SENATE (C) The departments, agencies, commissions, authorities, and units, after having complied with paragraphs (1) and (2) of this subsec tion, shall, by agreement, establish the procedures under which the offi cial or employee shall perform the additional services. The agreement shall specify the means of employment, the compensation, and other per tinent details and conditions of the employment relationship. The agree ment shall be terminable at any time by either of the departments, agen cies, commissions, authorities, or units. 45-10-26. (a) Any public official or employee, whether for himself or on behalf of any business, or for any business in which such public official or employee or any member of his family has a substantial inter est who transacts business with the state shall disclose such transactions. Such disclosure shall be submitted prior to December 31 each year to the Secretary of State on such forms as he shall prescribe and shall include a general description of that year's transactions. Such disclosure state ments shall be public records. (b) Any person who fails to file a disclosure statement as required in subsection (a) of this Code section shall be subject to the penalties provided for in Code Section 45-10-28. 45-10-27. This part shall in no way amend or repeal any statute or regulation promulgated pursuant thereto pertaining to the State Merit System of Personnel Administration. 45-10-28. (a) (1) Any appointed public official or employee who violates Code Section 45-10-22, 45-10-23, 45-10-24, or 45-10-26 shall be subject to: (A) Removal from office or employment; (B) A civil fine not to exceed $10,000.00; and (C) Restitution to the state of any pecuniary benefit received as a result of such violation. (2) Any elected public official who violates Code Section 45-10-22, 45-10-23, 45-10-24, or 45-10-26 shall be subject to: (A) A civil fine not to exceed $10,000.00; and (B) Restitution to the state of any pecuniary benefit received as a result of such violation. (3) Any business which violates Code Section 45-10-22, 45-10-23, 45-10-24, or 45-10-26 shall be subject to: (A) A civil fine not to exceed $10,000.00; and (B) Restitution to the state of any pecuniary benefit received as a result of such violation. (b) The penalties provided for in subsection (a) of this Code sec tion may be imposed in any civil action brought for that purpose, and such actions shall be brought by the Attorney General." FRIDAY, MARCH 4, 1983 2801 Section 2. Code Section 16-10-6 of the Official Code of Georgia An notated, relating to transactions with the state by certain persons, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 16-10-6 to read as follows: "16-10-6. (a) (1) Any employee, appointive officer, or elective of ficer of a political subdivision, hereafter referred to as 'employing politi cal subdivision,' or agency thereof who for himself or in behalf of any business entity sells any real or personal property to: (A) The employing political subdivision; (B) An agency of the employing political subdivision; (C) A political subdivision for which local taxes for education are levied by the employing political subdivision; or (D) A political subdivision which levies local taxes for education for the employing political subdivision shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years. (2) Paragraph (1) of this subsection shall not apply to: (A) Sales of personal property of less than $200.00 per calendar quarter; (B) Sales of personal property made pursuant to sealed competi tive bids made by the employee, appointive officer, or elective officer, ei ther for himself or on behalf of any business entity; or (C) Sales of real property in which a disclosure has been made: (i) To the grand jury or judge of the probate court of the county in which the purchasing political subdivision is wholly included or, if not wholly included in any one county, to the grand jury or judge of the probate court of any county in which the purchasing political subdivision is partially included and which shall have been designated by the purchasing political subdivision to receive such disclosures; (ii) At least 15 days prior to the date the contract or agreement for such sale will become final and binding on the parties thereto; (iii) Which shows that an employee, appointive officer, or elective officer of an employing political subdivision or agency thereof has a per sonal interest in such sale, which interest includes, without being limited to, any commission, fee, profit, or similar benefit and which gives the name of such person, his position in the political subdivision or agency, the purchase price, and location of the property. (b) Notwithstanding subparagraph (a)(2)(A) of this Code section, paragraph (1) of subsection (a) of this Code section shall not apply to sales of personal property of less than $1,000.00 per calendar quarter 2802 JOURNAL OF THE SENATE made by an employee of a municipality having a population of not less than 4,133 nor more than 4,140 according to the United States decennial census of 1970 or any future such census either for himself or in behalf of any business entity." 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 Howard of the 42nd offered the following amendment: Amend the substitute to HB 606 offered by Senators Barnes of the 33rd and Dean of the 31st by striking from Page 20, lines 1 through 9. On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted. Senator Burton of the 5th offered the following amendment: Amend the substitute to HB 606 offered by Senators Barnes of the 33rd and Dean of the 31st by deleting on Page 16, lines 29 and 30, the following: "a general description of that year's transactions." and substituting in lieu thereof the following: "an itemized list of that year's transactions with the dollar amount of each transaction reported and totaled." On the adoption of the amendment, the yeas were 39, nays 1, and the amendment was adopted. Senator Stumbaugh of the 55th offered the following amendment: Amend the substitute to HB 606 offered by Senators Barnes of the 33rd and Dean of the 31st by striking section (3) on Pages 10 and 11 and renumbering the following bill as needed. On the adoption of the amendment, Senator Stumbaugh of the 55th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Barker Bond Brannon Brantley Broun of 46th Burton Deal Engram Foster Greene Harrison Holloway FRIDAY, MARCH 4, 1983 2803 Horton Howard Huggins Land Peevy Phillips Scott of 43rd Stumbaugh Tate Thompson Trulock Tysinger Those voting in the negative were Senators: Allgood Barnes Bowen Brown of 47th Bryant Cobb Coggin Coleman Coverdell Dean English Garner Gillis Harris Hill Hine Hudgins Kennedy Kidd Lester Littlefield McGill Perry Scott of 2nd Scott of 36th Starr Timmons Turner Walker Those not voting were Senators: Dawkins Fincher McKenzie On the adoption of the amendment, the yeas were 24, nays 29, and the amend ment was lost. Senator Stumbaugh of the 55th moved that HB 606 be committed to the Senate Committee on Governmental Operations. Senator Barnes of the 33rd moved the previous question. The President stated that the motion offered by Senator Barnes of the 33rd takes precedence. On the motion offered by Senator Barnes of the 33rd, the yeas were 40, nays 0; the motion prevailed, and the previous question was ordered. On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute as amended. 2804 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 Bowen Broun of 46th Brown of 47th Bryant Cobb Coggin Coleman Dawkins Deal Dean English Garner Gillis Greene Harris Hill Hine Holloway Hudgins Huggins Kennedy Kidd Lester Littlefield McGill McKenzie Peevy Perry Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Walker Those voting in the negative were Senators: Barker Bond Brannon Brantley Burton Coverdell Engram Foster Harrison Horton Howard Land Phillips Stumbaugh Tysinger Not voting was Senator Fincher. On the passage of the bill, the yeas were 40, nays IS. The bill, having received the requisite constitutional majority, was passed by substitute. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 121. By Senators Greene of the 26th, Lester 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. FRIDAY, MARCH 4, 1983 2805 The House substitute to SB 121 was as follows: 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 hearings and reports; to provide for a Health Planning Review Board and the expenses and counsel thereof; to provide for notice, appeals, and judicial review; to provide for issuance, denial, and revocation of certificates of need; to provide for penalties and injunctions; to provide for exceptions; to provide for emergency situations; to provide for rules; to provide for applicability; to abolish a certain commis sion, agency, council, and board which performed health planning functions and provide for certain successors thereto; to provide for transition; to pro vide for the applicability of certain provisions of this Act to certain other programs; 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 citi zens 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 un dertaken and implemented and that a system of mandatory review of new institutional health services be provided. Health care services and facilities should be provided in a manner that avoids unnecessary dupli cation of services, that is cost effective, and that is compatible with the health care needs of the various areas and populations of the state. 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. 2806 JOURNAL OF THE SENATE (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, skilled, or extended care, cardiac catheterization, openheart surgery, inpatient rehabilitation, and alcohol, drug abuse, and mental health services. (6) 'Consumer' means a person who is not employed by any health care facility or provider and who has no financial or fiduciary interest in any health care facility or provider. (7) '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 exceeding $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 expenditure or commitment or incurring an obligation for the expendi ture 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. (8) '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 ate care facilities; personal care homes not in existence on the effective date of this chapter; ambulatory surgical or obstetrical facilities; health maintenance organizations; and home health agencies. FRIDAY, MARCH 4, 1983 2807 (9) '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. (10) 'Health Policy Council' or 'council' means the body created by this chapter to advise the Health Planning Agency and adopt the state health plan. (11) '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. (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, 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 provisions of room and board. 2808 JOURNAL OF THE SENATE (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 not owned or operated by or on behalf of a political subdivision of this state, or any combination of such political subdivisions, or by or on behalf of a hospital authority, as defined in Article 4 of Chapter 7 of Title 31 or certificate of need owned by such facility in connection with its acquisition; (C) Any increase in the bed capacity of a health care facility except as provided in Code Section 31-6-47; (D) 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; (E) 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 (F) 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. The dollar amounts specified in subparagraphs (B) and (F) of this paragraph and of paragraph (7) of this Code section shall be adjusted annually by an amount calculated by multiplying such dollar amounts (as adjusted for the preceding year) by the annual rate of change 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 immediately institute rule-making procedures to adopt such adjusted dol lar amounts. In calculating the dollar amounts of a proposed project for purposes of subparagraphs (B) and (F) of this paragraph and of para graph (7) of this Code section, 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 commitment of or incurring an obligation for the expenditure of funds to develop certificate of need ap plications, studies, reports, schematics, preliminary plans and specifica tions or working drawings, or to acquire sites. In the event that the mini mum dollar thresholds of $600,000.00 and $400,000.00 for review of capital expenditures or major medical equipment, respectively, are changed by federal enactment above or below the levels contained in subparagraphs (B) and (F) of this paragraph and of paragraph (7) of this Code section, then the planning agency shall immediately institute rulemaking procedures to adopt such thresholds. The planning agency rules FRIDAY, MARCH 4, 1983 2809 will provide that the new thresholds will at least be applicable to all ap plications 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 ma jor medical equipment in subparagraphs (B) and (F) of this paragraph and of paragraph (7) 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 association, 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 (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 2810 JOURNAL OF THE SENATE inpatient skilled nursing care and related services for patients who re quire medical or nursing care or 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, at least three of whom shall be consumers. The Governor shall appoint the chairman of the council. From each congressional district the Governor shall appoint a consumer 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. 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; FRIDAY, MARCH 4, 1983 2811 (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 not withdrawn may be introduced 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 Assembly, the rule shall be disapproved. If such resolution does not receive approval by both houses of the General As sembly, 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 and periodic reports; (6) To establish time periods and procedures consistent with this chapter to hold hearings and to obtain the view points of interested per sons prior to issuance 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 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 reasonable and equitable fee schedule for certificate of need applications; (9) To grant, deny, or revoke a certificate of need as applied for or as amended; and (10) To perform powers and functions delegated by the Governor, which delegation may include the powers to carry out the duties and powers which have been delegated to the planning agency under Section 1122 of the Social Security Act of 1935, as amended. 31-6-22. The planning agency shall be directed by an executive di rector appointed by the Governor. 2812 JOURNAL OF THE SENATE ARTICLE 3 31-6-40. (a) From and after July 1, 1979, only such new institu tional health services or health care facilities as are found by the plan ning agency to be needed shall be offered in the state. Prior to that date, only such new institutional health services or health care facilities which had been found to be needed by the planning agency under the immedi ately prior provisions of this chapter and the regulations issued thereun der shall have been offered in the state, unless otherwise exempt from the requirements of the law or unless that law was not applicable. It is the intent of this provision to assure that no new institutional health services or health care facilities, as defined prior to July 1, 1983, are allowed to avoid the requirements of the immediately prior provisions of this chap ter, and applicable regulations, if those laws and regulations were appli cable to them. (b) Any person proposing to develop or offer a new institutional health service or health care facility shall, before commencing such activ ity, 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 and such rules deemed applicable to a project, except as specified in sub section (d) of Code Section 31-6-43: FRIDAY, MARCH 4, 1983 2813 (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 is financially and physically accessible to the residents of the proposed 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 meets the clinical needs of health professional training programs which request assistance; (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 (14) The proposed new institutional health service fosters 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 2814 JOURNAL OF THE SENATE 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 socially and eco nomically 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 facil ity and population served by said facility, the special needs of such hospi tal facility and the population served by said facility for the new institu tional 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 considering 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 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 FRIDAY, MARCH 4, 1983 2815 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 no later than ten days prior to the end of the review period, and the planning agency may request an applicant to make amendments. The planning agency decision shall be made on an application as amended, if at all, by the applicant. (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 applica tions, 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 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 2816 JOURNAL OF THE SENATE 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. 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 decision thereon. Such rules shall provide that when good cause has been shown, a public hearing shall be held by the planning agency. Any interested person may submit information to the planning 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 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- FRIDAY, MARCH 4, 1983 2817 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 shall 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, or any county or municipal government in whose boundary the proposed project will be located, who is aggrieved by a de cision 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 decision 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 chair man 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 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 2818 JOURNAL OF THE SENATE 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 or revealed during discovery, except that, unless in response to an issue raised by an opponent or the panel or revealed during discovery, a party or intervenor may not present a new need study or analysis that is sub stantially 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. Ex cept for such limitation on new studies or analyses, the panel may con sider the latest data available, including updates of studies previously submitted, in deciding whether an application is consistent with the ap plicable 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. (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 Procedures 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 decisions of the review board are: FRIDAY, MARCH 4, 1983 2819 (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 cer tificate of need for financial reasons or other reasons beyond its control, including but not limited to, failure to obtain any required approval from zoning or other governmental agencies or entities, provided such change in location is otherwise consistent with the considerations and rules ap plied in the evaluation of the project. (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 institutional health service is knowingly offered 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 appli cant 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 contin ues; provided, however, that the expenditure or commitment of or incur ring 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 denied, 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 hear ing, whether the fines provided in this Code section shall be levied. 2820 JOURNAL OF THE SENATE (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 or 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; (9) Expenditures for acquisition of existing health care facilities not owned or operated by or on behalf of a political subdivision of this state, or any combination of such political subdivisions, or by or on behalf of a hospital authority, as defined in Article 4 of Chapter 7 of Title 31, by stock or asset purchase, merger, consolidation, or other lawful means, or acquisitions of certificates of need owned by such facilities to be ac quired, except as otherwise provided pursuant to paragraph (10) of sub section (b) of Code Section 31-6-21; FRIDAY, MARCH 4, 1983 2821 (10) Expenditures for the minor repair of a health care facility, or parts thereof or services provided or equipment used therein, or replace ment 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; (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; and (15) Increases in the bed capacity of a hospital up to ten beds or 10 percent of capacity, whichever is less, in any consecutive two-year period, in a hospital that has maintained an overall occupancy rate greater than 85 percent for the previous 12 month period. (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- 2822 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. 31-6-50. From and after the effective date of this chapter, the review and appeal considerations and procedures set forth in Code Sections 316-42, 31-6-43, and 31-6-44, respectively, shall apply to and govern the review of capital expenditures under the Section 1122 program of the Social Security Act of 1935, as amended, including, but not limited to, any application for approval under Section 1122 which is under consider ation by the planning agency or on appeal before the review board as of the effective date of this chapter." FRIDAY, MARCH 4, 1983 2823 Section 2. Title 31 of the Official Code of Georgia Annotated, relating to health, is further amended by inserting in subparagraph (6) of Code Sec tion 31-7-75 a new sentence immediately following the first sentence of said subparagraph (6) to read as follows: "In the event a hospital authority undertakes to sell a hospital facil ity, such authority shall, prior to the execution of a contract of sale, pro vide reasonable public notice of such sale and provide for a public hear ing to receive comments from the public concerning such sale." 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 Greene of the 26th moved that the Senate agree to the House substitute to SB 121 as amended by the following amendment: Amend the House Substitute to SB 121 by adding on line 12 of Page 17 between the word "is" and the word "financially" the following: "reasonably". On the motion to agree to the House substitute as amended by the Senate, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Dean English Engram 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 Thompson Trulock Turner Tysinger Walker Those not voting were Senators: Coverdell Deal Fincher Foster Garner Harris Hill Timmons 2824 JOURNAL OF THE SENATE On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 121 as amended by the Senate. The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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. The House substitute to SB 296 was as follows: A BILL TO BE ENTITLED AN ACT To amend an Act consolidating the offices of tax receiver and tax col lector of Dooly County into the office of tax commissioner of Dooly County, approved February 25, 1949 (Ga. L. 1949, p. 1628), as amended, particu larly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3700), so as to change the compensation provisions relating to the tax commissioner; to re peal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act consolidating the offices of tax receiver and tax col lector of Dooly County into the office of tax commissioner of Dooly County, approved February 25, 1949 (Ga. L. 1949, p. 1628), as amended, particu larly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3700), is amended by striking from Section 3 the following: "seven thousand two hundred ($7,200.00) dollars", and inserting in lieu thereof the following: "$7,800.00", so that when so amended Section 3 shall read as follows: "Section 3. The salary of the tax commissioner of Dooly County shall be $7,800.00 per annum and shall be paid in equal monthly install ments from the funds of Dooly County. The tax commissioner shall be authorized to employ assistants and clerical help and the salaries of these assistants and clerks shall be fixed by the board of commissioners of Dooly County." Section 2. All laws and parts of laws in conflict with this Act are repealed. FRIDAY, MARCH 4, 1983 2825 | Senator Bowen of the 13th moved that the Senate agree to the House substitute to | SB 296. 5 On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 296. The President announced that the Senate would stand in recess from 4:10 o'clock P.M. until 4:45 o'clock P.M. At 4:45 o'clock P.M., the President called the Senate to order. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House insists on its position in disagreeing to the Senate substitute and has ? appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House: HB 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. The Speaker has appointed on the part of the House: Representatives Williams of the 6th, Collins of the 144th and Pinkston of the 100th. The House has disagreed to the amendment to the following bill of the House: 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 I substitute teacher and still receive retirement benefits. The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate: 2826 JOURNAL OF THE SENATE 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 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. The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate: 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 House adheres to its position in disagreeing to the Senate substitute to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate: 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 may remain members of local retirement systems. The Speaker has appointed on the part of the House: Representatives Johnson of the 72nd, Brooks of the 34th and Steinberg of the 46th. FRIDAY, MARCH 4, 1983 2827 The House has passed, as amended, by the requisite constitutional majority the following bill 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. The House has dissolved the Committee of Conference; has receded from the Murphy amendment to the Senate substitute and has disagreed to the Senate substitute to the following bill of the House: 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. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: 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. 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 Brannon Brantley Brown of 47th Burton Cobb Dawkins Deal English Engram Foster Greene Harris Harrison Hine Holloway Howard Hudgins Huggins 2828 Kennedy Land Peevy Perry Scott of 2nd Scott of 36th JOURNAL OF THE SENATE Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Allgood Bowen Broun of 46th Bryant Coggin Coleman Coverdell Dean Fincher Garner Gillis Hill Horton Kidd Lester Littlefield McGill McKenzie Phillips On the passage of the bill, the yeas were 37, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Brannon of the Slst. The report of the committee, which was favorable to the passage of the bill, was agreed to. 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 Burton Cobb Coggin Coleman Coverdell Dawkins Dean English Engram Fincher Foster Garner Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McGill FRIDAY, MARCH 4, 1983 2829 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 Bryant Deal Gillis Harrison Hill Littlefield On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Lester of the 23rd moved that the Senate adhere to the Senate substitute to HB 440, 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 440. The President appointed as a Conference Committee on the part of the Senate the following: Senators Turner of the 8th, McKenzie of the 14th and Broun of the 46th. Senator Starr of the 44th moved that the First Conference Committee on the fol- 2830 JOURNAL OF THE SENATE lowing bill of the House be discharged, and that a Second Conference Committee be appointed: 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. On the motion, the yeas were 36, nays 1; the motion prevailed, and the First Con ference Committee on HB 532 was discharged. The President appointed as a Second Conference Committee on the part of the Senate the following: Senators Starr of the 44th, Foster of the 50th and Dean of the 31st. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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 House substitute to SB 91 was as follows: A BILL TO BE ENTITLED AN ACT 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; to pro vide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 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, is amended by adding a new subsection (0 to read as follows: FRIDAY, MARCH 4, 1983 2831 "(0 Any full-time appointive state official or employee may be au thorized 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 an evening or night course or program. 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." 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 Littlefield of the 6th moved that the Senate agree to the House substitute to SB 91. 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 Burton Cobb Coggin Coleman Coverdell Dawkins Dean English Engrain Fincher Foster 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 Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Allgood Bryant Deal Garner McKenzie 2832 JOURNAL OF THE SENATE On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 91. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: 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. Senate Sponsor: Senator Trulock of the 10th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On 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 yf At* CBoubrtbon Coggin Coleman Coverdell Dawkins Dean English Engram Fincher Foster Garner Gillis Greene Harris Hi " fHfofllfoway Horton Howard Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry Phillips Sco of 2nd Scott f 43rd StumbKaughK Thompson Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Brown of 47th Deal Harrison Hudgins Littlefield Scott of 36th Tate FRIDAY, MARCH 4, 1983 2833 On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill of the Senate was taken up for the purpose of considering the House amendments thereto: 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. The House amendments were as follows: Amendment No. 1: Amend SB 56 by striking line 6 of Page 1 and inserting in lieu thereof the following: "compensation laws; to change the provisions relating to compensa tion for expenses of a deceased employee's last illness and burial ex penses; to repeal conflicting laws; and for other". By redesignating Section 2 as Section 3 and by adding between lines 21 and 22 of Page 1 a new Section 2 to read as follows: "Section 2. Said chapter is further amended by striking in its en tirety paragraph (1) of subsection (b) of Code Section 34-9-265, relating to compensation for expenses of a deceased employee's last illness and burial expenses, and inserting in lieu thereof a new paragraph (1) to read as follows: '(1) The employer shall, in addition to any other compensation, pay the reasonable expenses of the employee's last sickness and burial ex penses not to exceed $1,500.00. If the employee leaves no dependents, this shall be the only compensation;'". Amendment No. 2: Amend SB 56 by adding after the semicolon on line 21, Page 1, a new sentence to read: "This Code Section 34-9-81.1 shall become effective January 1, 1984." 2834 JOURNAL OF THE SENATE Amendment No. 3: Said Code Chapter is further amended by adding to Code Section 34-92 the following language at the end of Subsection (a) of that Code Section: ; nor to any person performing services as a licensed real estate salesper son or associate broker who has a written contract of employment provid ing that he or she shall perform all services as an independent contractor. so that when so amended Code Section 34-9-2 shall read as follows: (a) This Chapter shall not apply to common carriers, by railroad engaged in intrastate trade or commerce, nor shall this Chapter be con strued to lessen the liability of such common carriers or take away or diminish any right that any employee of such common carrier or, in case of his death, the personal representative of such employee may have under the laws of this State; nor shall this Chapter apply to employees whose employment is not in the usual course of trade, business, occupa tion or profession of the employer or not incidental thereto; nor to farm laborers or domestic servants; nor to employers of such employees; nor to any person, firm or private corporation, including any public service cor poration, that has regularly in service less than three employees in the same business within this State, unless such employees and their employ ers voluntarily elect to be bound; nor to any person performing services as a licensed real estate salesperson or associate broker who has a written contract of employment providing that he or she shall perform all ser vices as an independent contractor. Senator Tysinger of the 41st moved that the Senate agree to the House amend ments to SB 56. 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 j*owen rannon Brantley fiSnt Burton Cobb Coggin Coleman Dean Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway 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 Tysinger Walker FRIDAY, MARCH 4, 1983 2835 Those not voting were Senators: Brown of 47th Coverdell Dawkins Deal English Harrison Horton Littlefield Tate Turner On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 56. The following bills of the House were taken up for the purpose of considering the Conference Committee reports thereon: 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. The Conference Committee report on HB 374 was as follows: The Conference Committee on HB 374 recommends that the Senate recede from its position and that HB 374 as passed by the House of Repre sentatives be adopted. Respectfully submitted, FOR THE SENATE: /s/ Floyd Hudgins Senator, 15th District /s/ Thomas R. Scott Senator, 43rd District /s/ Edward Hine, Jr. Senator, 52nd District FOR THE HOUSE OF REPRESENTATIVES: /s/ Bobby Lawson Representative, 9th District /s/ Randolph C. Karrh Representative, 109th District /s/ Charles A. Thomas, Jr. Representative, 69th District Senator Hine of the 52nd moved that the Senate adopt the Conference Committee report on HB 374. 2836 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal Dean English Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Tysinger Those not voting were Senators: Coverdell Engram Harrison Littlefield Scott of 36th Starr Turner Walker On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 374. Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair. 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". The Conference Committee report on HB 348 was as follows: The Conference Committee on HB 348 recommends that both the Sen ate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 348 be adopted. FRIDAY, MARCH 4, 1983 2837 Respectfully submitted, FOR THE SENATE: /s/ Roy E. Barnes Senator, 33rd District /s/ Julian Bond Senator, 39th District /s/ Albert J. Scott Senator, 2nd District FOR THE HOUSE OF REPRESENTATIVES: /s/ Sanford D. Bishop, Jr. Representative, 94th District /s/ Denmark Groover Representative, 99th District /s/ Kenneth Waldrop Representative, 80th District Conference Committee substitute to HB 348: A BILL TO BE ENTITLED AN ACT To amend Chapter 19 of Title 45 of the Official Code of Georgia Anno tated, relating to labor practices, so as to revise extensively and supersede existing provisions of Article 2 of said chapter, known as the "Fair Employ ment Practices Act of 1978;" to change the definition of public employer and employer; to change the name of the Fair Employment Practices Advi sory Board; to change the provisions relating to the membership and officers of the board; to change the provisions relating to the administrator and the administrator's powers and duties; to change certain time periods; to change the provisions relating to practices and procedures; to provide for records; to provide for jurisdiction; to prohibit certain actions; to provide for other mat ters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 19 of Title 45 of the Official Code of Georgia An notated, relating to labor practices, is amended by striking Article 2, known as the "Fair Employment Practices Act of 1978," in its entirety and substi tuting in lieu thereof a new Article 2 to read as follows: "ARTICLE 2 45-19-20. This article shall be known and may be cited as the 'Fair Employment Practices Act of 1978.' 45-19-21. (a) The general purposes of this article are: (1) To provide for execution within public employment in the state of the policies embodied in Title VII of the federal Civil Rights Act of 1964 (78 Stat. 241), as amended by the Equal Employment Opportunity Act of 1972 (86 Stat. 103), as from time to time amended, the federal Age Discrimination in Employment Act of 1967 (81 Stat. 602), as from 2838 JOURNAL OF THE SENATE time to time amended, and the federal Rehabilitation Act of 1973 (87 Stat. 355), as from time to time amended; (2) To safeguard all individuals in public employment from discrim ination in employment; (3) To promote the elimination of discrimination against all individ uals in public employment because of such individuals' race, color, reli gion, national origin, sex, handicap, or age thereby to promote the pro tection of their interest in personal dignity and freedom from humiliation; to make available to the state their full productive capaci ties; to secure the state against domestic strife and unrest which would menace its democratic institutions; to preserve the public safety, health, and general welfare; and to further the interests, rights, and privileges of individuals within the state. (b) This article shall be broadly construed to further the general purposes stated in this Code section and the special purposes of the par ticular provisions involved. (c) Nothing in this article shall be construed as indicating an intent to exclude local or federal laws on the same subject matter, which laws are not inconsistent with this article. (d) Nothing contained in this article shall be deemed to repeal any other nonconflicting law of this state relating to discrimination because of race, color, religion, national origin, sex, handicap, or age. 45-19-22. As used in this article, the term: (1) 'Administrator' means the administrator of the Office of Fair Employment Practices provided for by Code Section 45-19-24. (2) 'Board' means the Fair Employment Practices Board created by Code Section 45-19-23. (3) 'Discrimination' means any direct or indirect act or practices of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treat ment of a person or persons because of race, color, religion, national ori gin, sex, handicap, or age or the aiding, abetting, inciting, coercing, or compelling of such an act or practice. This term shall not include any direct or indirect act or practice of exclusion, distinction, restriction, seg regation, limitation, refusal, denial, or any other act or practice of differ entiation or preference in the treatment of a person or persons because of religion if an employer demonstrates that the employer is unable to ac commodate reasonably an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the em ployer's operation. (4) 'Handicap' means a physical or mental impairment which sub stantially limits one or more of a person's major life activities, unless an employer demonstrates that the employer is unable to accommodate rea sonably to an employee's or prospective employee's handicap without un due hardship on the conduct of the employer's operation. FRIDAY, MARCH 4, 1983 2839 (5) 'Public employer' or 'employer' means any department, board, bureau, commission, authority, or other agency of the state which em ploys 15 or more employees within the state for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. A person elected to public office in this state is a public employer with respect to persons holding positions or individuals applying for positions which are subject to the State Merit System of Personnel Administration or any personnel merit system of any agency or authority of this state. A person elected to public office in this state is not a public employer with respect to persons holding positions or individuals applying for positions on such officer's personal staff or on the policy-making level or as imme diate advisors with respect to the exercise of the constitutional or legal powers of the office held by such officer. The term 'public employer' shall include the State Merit System of Personnel Administration whether or not such agency is the immediate employer of the party or parties claim ing to be aggrieved. (6) 'Public employment' means employment by any department, board, bureau, commission, authority, or other agency of the State of Georgia. (7) 'Religion' means all aspects of religious observance and practice as well as belief. (8) 'Unlawful practice' means an act or practice declared to be an unlawful practice in Code Sections 45-19-29 through 45-19-31, 45-19-32, or 45-19-45. 45-19-23. (a) A Fair Employment Practices Board is created. The board shall consist of nine persons. Subject to confirmation by the Sen ate, the members of the board shall be appointed by the Governor for three-year terms, except as hereafter provided. Of the Governor's initial appointments, three shall be for one-year terms, three shall be for twoyear terms, and three shall be for three-year terms. In the event of a vacancy during the term of any member appointed by the Governor whether by reason of death, resignation, or otherwise, the appointment of a successor by the Governor shall be only for the remainder of the unexpired term. The membership of the board shall be representative of a fair and reasonable cross section of the population of the state and onethird of the members shall have experience in labor or Title VII law enforcement, or other legal human rights experience. (b) The board shall annually elect a chair and such other officers as it deems appropriate and shall meet at least three times a year at a time and place specified in writing by the administrator. The board may also meet from time to time upon its own motion, as deemed necessary by a majority of the members thereof, for the purposes of conducting routine or special business. Each member of the board shall serve without pay; but the members who are not otherwise state officials or employees shall receive a per diem of $44.00 for each day said members are engaged in their official duties plus the legal mileage allowance authorized for state employees for the use of their personal automobiles while engaged in the official duties of the board. 2840 JOURNAL OF THE SENATE (c) The board shall make a written report to the Governor and to the General Assembly by December 31 of each year. Such report shall advise the Governor and the members of the General Assembly of the board's activities and the administration of this article and shall make such recommendation for change, if any, as the board deems proper. (d) The board shall assist the administrator of the Office of Fair Employment Practices in an advisory capacity in carrying out the duties and functions of the office including but not limited to matters relating to fair employment practices and the effectiveness of the state programs and operations. (e) The board shall establish and certify to the Governor at the be ginning of each fiscal year a list of not less than 12 persons, including females and minorities, licensed to practice law in Georgia, who have experience in labor law, in employment law, or administrative law, from which list the Governor may select, on the basis of rotation in sequential order, special masters as provided for in Code Section 45-19-37. The board may from time to time certify to the Governor additional persons to be added to the aforementioned list. 45-19-24. There is created the Office of Fair Employment Practices. The Governor shall appoint an administrator of the Office of Fair Em ployment Practices who shall serve at the pleasure of the Governor. The Office of Fair Employment Practices shall be attached to the office of the Governor for administrative purposes only. 45-19-25. The function of the administrator shall be to encourage fair treatment for public employees and to discourage unlawful discrimi nation in public employment. 45-19-26. The Attorney General shall be the legal adviser for the administrator. 45-19-27. In the enforcement of this article the administrator shall have the following powers and duties: (1) To maintain an office in the City of Atlanta and such other of fices within the state as the administrator may deem necessary; (2) To meet and exercise the administrator's powers at any place within the state; (3) Within the limitations provided by law, to appoint clerks and other employees and agents as the administrator may deem necessary, to include employees and agents to represent complainants at special master hearings as provided in Code Section 45-19-37; (4) To cooperate with individuals and with state, local, and other agencies, both public and private, and to obtain upon request and utilize the services of all governmental departments and agencies; (5) To cooperate with the United States Equal Employment Oppor tunity Commission created by Section 705 of the Civil Rights Act of 1964 (78 Stat. 241), as amended, and with other federal and local agen- FRIDAY, MARCH 4, 1983 2841 cies in order to achieve the purposes of that act; and to cooperate with other federal and local agencies in order to achieve the purposes of this article; (6) To accept gifts, bequests, grants, or other public or private pay ments on behalf of the state and to pay such moneys into the state treasury; (7) To accept on behalf of the state reimbursement pursuant to Sec tion 709 (b) of the Civil Rights Act of 1964 (78 Stat. 241), as amended, for services rendered to assist the United States Equal Employment Op portunity Commission; (8) To receive, initiate, investigate, seek to conciliate, and make de terminations regarding complaints alleging violations of this article and to approve or disapprove plans required by the Governor to eliminate or reduce imbalance in employment with respect to race, color, handicap, religion, sex, national origin, or age; (9) To furnish technical assistance requested by persons subject to this article to further their compliance with this article or an order issued thereunder; (10) To investigate and make studies, subject to approval by the Governor, of unlawful practices in public employment and, in connection therewith, to hold hearings, to request the attendance of persons to give testimony, to receive for the record at any such hearing written state ments, documents, exhibits, and other items pertinent to the subject mat ter of any such hearing, and, following any such investigation or hearing, to issue such report and recommendations as will in its opinion assist in carrying out the purposes of this article; (11) To require answers to interrogatories, examine witnesses, and require the production of documents so long as it is relevant to the inves tigation of a complaint; (12) To render written reports to the Governor and the General As sembly. The reports may contain recommendations of the administrator for legislative or other action to effectuate the purposes and policies of this article; (13) To make provision for technical and clerical assistance to the Fair Employment Practices Board; (14) To adopt, promulgate, amend, and rescind, subject to approval of the board and the Governor and after giving proper notice and hearing to all public employers pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such rules and regulations as may be necessary to carry out the provisions of this article, including regulations requiring the posting or inclusion in advertising material of notices pre pared or approved by the administrator and regulations regarding the filing, approval, or disapproval of plans to eliminate or reduce imbalance in employment with respect to race, color, handicap, religion, sex, na tional origin, or age; 2842 JOURNAL OF THE SENATE (15) To cooperate with other organizations, public and private, to discourage unlawful practices and discrimination in employment; (16) To maintain with the United States Equal Employment Oppor tunity Commission status as a 'deferral agency' under Section 706 of the Civil Rights Act of 1964 (78 Stat. 241), as amended, as provided by the rules and regulations of said commission or as a 'referral agency' under Section 709 of the Civil Rights Act of 1964 (78 Stat. 241), as amended; and (17) To require, pursuant to rules and regulations promulgated by the administrator under the authority of paragraph (14) of this Code section, from any state agency or department such reports and informa tion at such times as it may deem reasonably necessary to carry out the purposes of this article. 45-19-28. The provisions of this article relating to discrimination in employment on the basis of age shall apply only to individuals who are at least 40 years of age but less than 70 years of age. 45-19-29. It is an unlawful practice for an employer: (1) To fail or refuse to hire, to discharge, or otherwise to discrimi nate against any individual with respect to the individual's compensation, terms, conditions, or privileges of employment because of such individ ual's race, color, religion, national origin, sex, handicap, or age; (2) To limit, segregate, or classify their employees in any way which would deprive or tend to deprive an individual of employment opportuni ties or otherwise adversely affect an individual's status as an employee because of such individual's race, color, religion, national origin, sex, handicap, or age; or (3) To hire, promote, advance, segregate, or affirmatively hire an individual solely because of race, color, religion, national origin, sex, handicap, or age, but this paragraph shall not prohibit an employer from voluntarily adopting and carrying out a plan to fill vacancies or hire new employees in a manner to eliminate or reduce imbalance in employment with respect to race, color, handicap, religion, sex, national origin, or age if the plan has first been filed with the administrator for review and com ment for a period of not less than 30 days. 45-19-30. It is an unlawful practice for an employer controlling ap prenticeship or other training or retraining including on-the-job training programs to discriminate against an individual because of such individ ual's race, color, religion, national origin, sex, handicap, or age in admis sion to or employment in any program established to provide apprentice ship or other training or to discriminate by allowing admission or promotion to an apprenticeship or training program solely because of race, color, religion, national origin, sex, handicap, or age. 45-19-31. It is an unlawful practice for an employer to print or pub lish or cause to be printed or published a notice or advertisement relating to employment by such an employer indicating any preference, limita tion, specification, or discrimination based on race, color, religion, na- FRIDAY, MARCH 4, 1983 2843 tional origin, sex, handicap, or age, except that such a notice or adver tisement may indicate a preference, limitation, or specification based on race, color, religion, national origin, sex, handicap, or age when religion, national origin, sex, handicap, or age is a bona fide occupational qualifi cation for employment. 45-19-32. It is an unlawful practice for a party to a conciliation agreement made pursuant to subsection (d) of Code Section 45-19-36 to violate the terms of the agreement. 45-19-33. It is not an unlawful practice for an employer to apply different standards of compensation or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit sys tem, or a system which measures earnings by quantity or quality of pro duction, or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, national origin, sex, handicap, or age; nor is it an unlawful practice for an employer to give and to act upon the results of any professionally developed ability test, provided that such test, its ad ministration, or action upon the results thereof is not designed, intended, or used to discriminate because of race, color, religion, national origin, sex, handicap, or age. 45-19-34. It is not an unlawful practice for an employer to hire and employ employees or to select an individual in any training program on the basis of religion or national origin in those certain instances where religion or national origin is a bona fide occupational qualification rea sonably necessary to the normal functions of that particular employer's responsibilities. 45-19-35. (a) Quotas because of imbalances in employee ratios shall not be permitted. (b) Nothing contained in this article requires an employer to grant preferential treatment to an individual or to a group because of the race, color, religion, national origin, sex, handicap, or age of the individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, na tional origin, sex, handicap, or age in the state or a community, section, or other area or in the available work force in the state or a community, section, or other area. (c) It is specifically provided that neither subsection (a) nor (b) of this Code section nor any other provision of this article shall prohibit an employer from adopting or carrying out a plan to fill vacancies or hire new employees in a manner to eliminate or reduce imbalance in employ ment with respect to race, color, handicap, religion, sex, national origin, or age if such plan is required by the Governor and filed with and ap proved by the administrator prior to its final adoption and implementation. (d) Nothing contained in this article prohibits: (1) Minimum hiring ages otherwise provided by law; 2844 JOURNAL OF THE SENATE (2) State compliance with federal regulations; (3) Termination of the employment of any person who is unable or incompetent or refuses to perform the person's duties; (4) Any physical or medical examinations of applicants or employ ees which an employer requires to determine fitness for the job or posi tion sought or held; or (5) An employer from observing the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pen sion, or insurance plan which is not a subterfuge to evade the purpose of this article. 45-19-36. (a) An individual claiming to be aggrieved by an unlawful practice or another person on behalf of an individual claiming to be ag grieved by an unlawful practice may file with the administrator a writ ten, sworn complaint stating that an unlawful practice has been commit ted setting forth the facts upon which the complaint is based and setting forth facts sufficient to enable the administrator to identify the employer, hereinafter called the respondent, charged. The administrator's staff shall promptly investigate the allegations of unlawful practice set forth in the complaint and within 15 days of filing, shall serve the respondent with a copy of the complaint. The complaint shall be barred unless filed within 180 days after the alleged unlawful practice occurs. (b) Within 90 days after the complaint has been filed, the adminis trator shall determine whether there is reasonable cause to believe the respondent has engaged in an unlawful practice. If it is determined that there is no reasonable cause to believe that the respondent has engaged in an unlawful practice, the administrator shall issue an order dismissing the complaint. (c) Within ten days after receiving a copy of the order dismissing the complaint, the complainant may file with the administrator an appli cation for reconsideration of the order. Upon such application, the ad ministrator shall determine within IS days whether there is reasonable cause to believe that the respondent has engaged in an unlawful practice. If it is again determined that there is no reasonable cause to believe that the respondent has engaged in an unlawful practice, the administrator shall issue an order dismissing the complaint and notifying the complain ant that such complainant has the right to request a right to sue letter from the appropriate federal agency or petition for review in the appro priate superior court as provided for in Code Section 45-19-39. (d) After investigation or after the review provided for in subsection (c) of this Code section, if the administrator determines that there is reasonable cause to believe that the respondent has engaged in an unlaw ful practice, then the administrator's staff shall first endeavor to elimi nate the alleged unlawful practice by conference, conciliation, and per suasion. The terms of a conciliation agreement reached with a respondent may require the respondent to refrain from the commission of unlawful discriminatory practices in the future and make such further provisions as may be agreed upon between the administrator and the respondent. If a conciliation agreement is entered into, the administrator shall issue and FRIDAY, MARCH 4, 1983 2845 serve on the complainant a final order stating its terms. Except for the terms of the conciliation agreement, neither the administrator nor any agent thereof shall make public without the written consent of the com plainant and the respondent information concerning efforts in the partic ular case to eliminate an unlawful practice by conference, conciliation, or persuasion, whether or not there is a determination of reasonable cause or a conciliation agreement. (e) In the event the administrator determines that there is reasona ble cause to believe that an agency or authority has engaged in an unlaw ful practice as defined in this article and the administrator's staff is una ble to eliminate the alleged unlawful practice by conference, conciliation, and persuasion, the administrator shall refer the complaint to a special master as provided for in Code Section 45-19-37. (0 At the expiration of one year from the date of a conciliation agreement and at other times in its reasonable discretion, the administra tor's staff may investigate whether the terms of the agreement have been and are being complied with by the respondent. The administrator shall report the findings to the complainant and respondent. If the adminis trator finds reasonable cause to believe that the agreement has been breached, the complainant may seek enforcement of the agreement in the superior court of the county in which the alleged violation took place or in the county of the respondent's residence. 45-19-37. (a) Unless the administrator has issued an order dis missing the complaint or stating the terms of a conciliation agreement within 90 days after a complaint is filed, the administrator shall request that the Governor appoint, from the list provided for by subsection (e) of Code Section 45-19-23, a special master to conduct a hearing in accor dance with this article. Not more than 15 working days after such re quest, the Governor shall select and appoint a special master who must be an attorney licensed to practice law in this state. The special master shall have all of the power and authority granted to agencies in con ducting hearings and rendering final orders under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' including but not limited to subpoena power. (b) Not more than seven days after the appointment of the special master, the administrator shall serve on the respondent and on the com plainant or the complainant's attorney by registered or certified mail a written notice together with a copy of the complaint requiring the re spondent to answer the charges contained therein at a hearing before the special master at a time and place specified in the notice. Such notice must contain all general and specific charges against the respondent. (c) The respondent shall serve an answer with the special master by registered or certified mail not more than 20 working days after receipt of the notice of hearing, which 20 working days may be extended by the special master in the special master's discretion for an additional time not to exceed ten working days. The respondent's answer must show by a certificate of service that the respondent has served a copy of the answer on the complainant or the complainant's attorney at the last known ad dress of the complainant or the complainant's attorney where complain- 2846 JOURNAL OF THE SENATE ant is represented by an attorney. Upon leave of the special master, the complainant may amend the charges contained in the notice of hearing. The respondent may amend an answer at any time prior to the hearing or, upon leave of the special master, may amend thereafter. No final or der shall be issued unless the respondent has had the opportunity of a hearing on the charges contained in the notice of hearing or amendment on which the final order is based. If the respondent fails to answer the complaint, the special master may enter the respondent's default. Unless the default is set aside for good cause shown, the hearing may proceed on the evidence in support of the complaint. (d) At any time after a notice of hearing is served upon a respon dent, discovery shall be authorized in the same manner and fashion as discovery is permitted under Code Sections 9-11-26 through 9-11-37. Any order contemplated in Code Sections 9-11-26 through 9-11-37 may be issued by the special master. Judicial enforcement of any such order may be obtained by the complainant or respondent in the same manner as is provided for the enforcement of final orders in Code Section 45-1940. (e) A respondent who has filed an answer or whose default in an swering has been set aside for good cause shown may appear at the hear ing, may examine and cross-examine witnesses and the complainant, and may offer evidence. The complainant and, at the discretion of the special master, any other person may intervene, examine and cross-examine wit nesses, and present evidence. (f) Efforts at conference, conciliation, and persuasion shall not be received in evidence. (g) Testimony taken at the hearing shall be under oath and shall be stenographically or otherwise recorded by a certified court reporter. After the hearing, the special master at the special master's discretion may take further evidence or hear arguments upon notice to all parties with an opportunity to be present. (h) Except as otherwise specifically provided for in this article, all proceedings of the special master shall be conducted as provided for with respect to contested cases in Chapter 13 of Title 50. (i) A complainant may retain at the complainant's own expense pri vate counsel to represent the complainant in the proceeding provided for under this article; however, the complainant may utilize the services of an individual employed by the administrator pursuant to paragraph (3) of Code Section 45-19-27 in presenting the complainant's case before the special master. 45-19-38. (a) If the special master determines that the respondent has not engaged in an unlawful practice, the special master shall state the special master's findings of fact and conclusions of law and shall issue a final order, within 30 days after the hearing unless, for good cause shown, such time is extended by the Governor, dismissing the complaint. (b) If the special master determines that the respondent has engaged in an unlawful practice, the special master shall state the special master's FRIDAY, MARCH 4, 1983 2847 findings of fact and conclusions of law and shall issue a final order, within 30 days after the hearing unless, for good cause shown, such time is extended by the Governor, requiring the respondent to cease and desist from the unlawful practice and to take such remedial action as in the judgment of the special master will carry out the purposes of this article. (c) Remedial action under this Code section may include but is not limited to: (1) Hiring, reinstatement, or upgrading of employees with or with out back pay. No award of back pay shall be ordered pursuant to this article with respect to any period more than two years prior to the date of the filing with the administrator of the complaint with respect to which such award of back pay is ordered. Interim earnings, unemploy ment benefits, workers' compensation benefits, or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable; (2) Admission or restoration of individuals to participation in the guidance program, apprenticeship training program, on-the-job training program, or other occupational training or retraining program and the utilization of objective criteria in the admission of individuals to such programs; (3) The extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges, and services of the respondent; (4) Reporting as to the manner of compliance; (5) Posting notices in conspicuous places in the respondent's place of operation in the form prescribed by the administrator or special master; or (6) Restoration of employment benefits not otherwise specified in this Code section; or (7) Recommending to the Governor that the respondent be required to adopt and file with the administrator, within a specified time limita tion, for the administrator's approval a plan to fill vacancies or hire new employees in a manner to eliminate or reduce imbalance in employment with respect to race, color, handicap, religion, sex, national origin, or age. (d) Any monetary award ordered pursuant to this article shall be for actual damages only. (e) The respondent shall comply without delay with the terms and conditions of such a final order. 45-19-39. (a) Any party to a hearing before a special master or a complainant whose complaint has been dismissed by the administrator may appeal any adverse final order of a special master by filing a petition for review in the superior court in the county in which the alleged unlaw ful practice occurred or in the superior court of the residence of the re spondent within 30 days of the issuance of the final order. Neither the administrator nor the special master shall be a named party; however, 2848 JOURNAL OF THE SENATE the administrator must be served with a copy of the petition for review. Within 30 days after the petition is served on the administrator, the ad ministrator shall forward to the court a certified copy of the record of the hearing before the special master, including the transcript of the hearing before the special master and all evidence, administrative pleadings, and orders, or the entire record if no hearing has been held. For good cause shown, the court may require or permit subsequent corrections or addi tions to the record. All appeals for judicial review shall be in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; provided, however, that if any provisions of Chapter 13 of Title 50 con flict with any provision of this article, this article controls. An individual employed by the administrator pursuant to paragraph (3) of Code Sec tion 45-19-27 shall not have the authority to represent the complainant in any appeal to superior court of a final order of the special master or in any proceeding in any court, except to secure judicial enforcement of preliminary procedural orders of a special master. (b) The court shall not substitute its judgment for that of the special master as to the weight of the evidence on question of fact. The court may affirm a final order of the special master or remand the case for further proceedings. The court may reverse or modify the final order if substantial rights of the appellant have been prejudiced because the ad ministrative findings, inferences, conclusions, or decisions 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 said findings, inferences, conclu sions, or decisions; or (6) Arbitrary, capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion. (c) If, upon judicial review of any order of a special master or in a proceeding in which a complainant seeks enforcement of a conciliation agreement, the court rules in favor of the complainant, then the court may in its discretion render an award of reasonable attorney's fees and costs of litigation in the superior court to the complainant. 45-19-40. Any person affected by a final order of the administrator or a special master may file in the superior court of the county of the residence of the respondent a certified copy of a final order of the admin istrator or of a special master unappealed from or of a final order of a special master affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and all proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. FRIDAY, MARCH 4, 1983 2849 45-19-41. The administrator shall have exclusive jurisdiction over any claim of any unlawful practice under this article. A final determina tion of a claim alleging an unlawful practice under this article shall ex clude any other action or proceeding brought by the same person based on the same complaint, except for any remedies which may be available under the United States Constitution and federal laws. 45-19-42. It shall not be a defense to a violation of this article by any person subject to this article that the violation was requested, sought, or otherwise procured by a person not subject to this article. 45-19-43. (a) In connection with an investigation of a complaint of an unlawful practice filed under this article, the administrator or the ad ministrator's designee shall have access at any reasonable time to prem ises, records, and documents relevant to the complaint and shall have the right to examine, photograph, and copy evidence. (b) Any person subject to this article shall: (1) Make and keep such records as may be prescribed by rules and regulations of the administrator which are necessary and relevant to the determination of whether an unlawful practice has been or is being com mitted; and (2) Make such reports therefrom as the administrator shall pre scribe by rules and regulations which are reasonable, necessary, or appro priate for the enforcement of this article or orders or regulations under this article. (c) If a person fails to permit access, examination, photographing, or copying or fails to make or keep records or reports as required by this Code section, the administrator may issue an order requiring compliance. Upon a failure to comply with the order of the administrator, the admin istrator may apply to the superior court for an order directing compliance. (d) The administrator, by regulation, shall require each person sub ject to this article who controls an apprenticeship or other training pro gram to keep all records reasonably necessary to carry out the purposes of this article, including, but not limited to, a list of applicants who wish to participate in such program, including the chronological order in which such applications were received. Such records shall be furnished to the administrator upon the administrator's request. The administrator may also request and receive a detailed description of the manner in which persons are selected to participate in the apprenticeship or other training program. (e) Records and reports required by the administrator under this Code section shall conform as closely as practicable to similar records and reports required by federal law and to customary record-keeping practices. (f) An employer or other person who believes that the application to them of an order issued under this article would result in undue hardship may apply to the administrator for relief from the application of the or- 2850 JOURNAL OF THE SENATE der. If the administrator finds that the application of the regulation or order to the employer or person in question would impose an undue hard ship, the administrator may grant appropriate relief. (g) With respect to a particular employer or person, it is unlawful without the employer's or the person's consent for the administrator or an employee of the administrator to make public information obtained by the administrator or the administrator's employees pursuant to the ad ministrator's authority under this Code section, except such information as shall reasonably be necessary to the conduct of a proceeding under this article. 45-19-44. (a) It shall be an unlawful practice for a person willfully to: (1) Make public with respect to a particular employer or person without the employer's or person's consent information obtained by the administrator or the administrator's employees pursuant to its authority under Code Section 45-19-41, except as shall reasonably be necessary to carry out the provisions of this article; (2) Retaliate or discriminate in any manner against a person be cause the person has opposed a practice declared unlawful by this article or because the person has made a charge, filed a complaint, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing concerning an unlawful practice under this article; (3) Aid, abet, incite, compel, or coerce a person to engage in any of the acts or practices declared unlawful by this article; (4) Obstruct or prevent a person from complying with this article or with any order issued under this article; (5) Resist, prevent, impede, or interfere with the administrator or any of its representatives, employees, or with a special master in the law ful performance of duty under this article; provided, however, that it shall not be a violation of this article for anyone to challenge or resist any action by the administrator or any of its employees or by a special master when there is a good faith belief that the administrator is, or its employees are, or the special master is acting unlawfully or acting in excess of statutory authority; or (6) Initiate frivolous and unwarranted charges of discrimination against a public employer. (b) A violation of this Code section shall not be deemed a crime; but any person who willfully violates this Code section may be punished by a civil fine not to exceed $1,000.00. 45-19-45. It shall be an unlawful practice for a person or for two or more persons to conspire: (1) To retaliate or discriminate in any manner against a person be cause the person has opposed a practice declared unlawful by this article or because the person has made a charge, filed a complaint, testified, FRIDAY, MARCH 4, 1983 2851 assisted, or participated in any manner in any investigation, proceeding, or hearing concerning an unlawful practice under this article; (2) To aid, abet, incite, compel, or coerce a person to engage in any of the acts or practices declared unlawful by this article; (3) To obstruct or prevent a person from complying with this article or any order issued under this article; (4) To resist, prevent, impede, or interfere with the administrator or any of its employees or a special master in the lawful performance of duty under this article; provided, however, that it shall not be a violation of this article for anyone to challenge or resist any action by the adminis trator or any of its employees or a special master when there is a good faith belief that the administrator or its employees or a special master is acting unlawfully or acting in excess of their statutory authority; or (5) To willfully initiate frivolous and unwarranted charges of dis crimination against a public employer. Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Barnes of the 33rd moved that the Senate adopt the Conference Commit tee report on HB 348. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coggin Coleman 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 Scott of 43rd Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker Voting in the negative was Senator Starr. 2852 JOURNAL OF THE SENATE Those not voting were Senators: Bowen Burton Coverdell Engram Kennedy (presiding) Littlefield Tate On the motion, the yeas were 48, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HB 348. The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Trulock of the 10th moved that the Senate recede from the Senate amendment to HB 138. Senator Tate of the 38th moved that the Senate insist upon the Senate amendment to HB 138. Senator Kennedy of the 4th, President Pro Tempore, who was presiding, stated that the motion offered by Senator Tate of the 38th takes precedence. On the motion offered by Senator Tate of the 38th, Senator Tate called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Bond Bowen Brown of 47th Bryant Cobb Coggin Coleman English Fincher Gillis Harris Hudgins Kidd Land Lester McGill Scott of 2nd Scott of 36th Scott of 43rd Tate Thompson FRIDAY, MARCH 4, 1983 2853 Those voting in the negative were Senators: Barnes Brannon Brantley Broun of 46th DawkTns Dean Foster Garner Greene Harrison Hill Hine " llowa y Horton Howard Huggins McKenzie Peevy Perry Phillips Starr Jtumbaugh Timmons Trulock Turner Tysinger Those not voting were Senators: Coverdell Engram Kennedy (presiding) Littlefield Walker On the motion, the yeas were 23, nays 28; the motion was lost, and the Senate did not insist upon the Senate amendment to HB 138. On the motion offered by Senator Trulock of the 10th, 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 Burton Cobb Dawkins Deal Dean Engram Fincher Foster Garner Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land McGill McKenzie Peevy Perry Phillips Starr Timmons Trulock Turner Tysinger Those voting in the negative, were Senators: Allgood Barker Brot of 47th Bryant Coggin Coleman Coverdell 3sSh tester Scott of 2nd Scott of 36th Scott of 43rd ^tumbaugh Tate Thompson 2854 JOURNAL OF THE SENATE Those not voting were Senators: Kennedy (presiding) Littlefield Walker On the motion, the yeas were 36, nays 17; the motion prevailed, and the Senate receded from the Senate amendment to HB 138. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate: SB 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 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 public works contracts by the state. The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate: SB 173. By Senators McGill of the 24th, English of the 21st, Walker of the 19th and Kennedy of the 4th: 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; to provide for all related matters; to repeal conflicting laws. 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- FRIDAY, MARCH 4, 1983 2855 ries for clerks of the superior courts; to provide an effective date; to repeal conflicting laws. 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 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. The House has disagreed to the Senate substitute to the following bill of the House: 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. The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: 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 House amendment was as follows: Amend SB 96 by striking on Page 2, line 11 the words, "district attorney emeritus salary". Senator Coggin of the 35th moved that the Senate disagree to the House amend ment to SB 96. On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 96. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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- 2856 JOURNAL OF THE SENATE dents, so as to provide for personal jurisdiction over nonresidents in certain domestic relations cases. The House substitute to SB 239 was as follows: A BILL TO BE ENTITLED AN ACT 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; 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 9-10-91 of the Official Code of Georgia An notated, relating to grounds for exercise of personal jurisdiction over nonres idents, is amended by striking said Code section in its entirety and substitut ing in lieu thereof a new Code Section 9-10-91 to read as follows: "9-10-91. A court of this state may exercise personal jurisdiction over any nonresident or his executor or administrator, as to a cause of action arising from any of the acts, omissions, ownership, use, or posses sion enumerated in this Code section, in the same manner as if he were a resident of the state, if in person or through an agent, he: (1) Transacts any business within this state; (2) Commits a tortious act or omission within this state, except as to a cause of action for defamation of character arising from the act; (3) Commits a tortious injury in this state caused by an act or omis sion outside this state if the tort-feasor regularly does or solicits business, or engages in any other persistent course of conduct, or derives substan tial revenue from goods used or consumed or services rendered in this state; (4) Owns, uses, or possesses any real property situated within this state; or (5) With respect to proceedings for alimony, child support, or divi sion of property in connection with an action for divorce or with respect to an independent action for support of dependents, maintains a matri monial domicile in this state at the time of the commencement of this action or, if the defendant resided in this state preceding the commence ment of the action, whether cohabiting during that time or not. This par agraph shall not change the residency requirement for filing an action for divorce." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. FRIDAY, MARCH 4, 1983 2857 Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 239. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal Dean English Fincher Foster Garner 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 Trulock Turner Tysinger Those not voting were Senators: Barker Coverdell Engram Kennedy (presiding) Littlefield McKenzie Timmons Walker On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 239. The following bill of the House was taken up for the purpose of considering the House action thereon: 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. 2858 JOURNAL OF THE SENATE Senator Allgood of the 22nd moved that the Senate insist upon the Senate substi tute to HB 534. On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 534. The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: 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 House amendment was as follows: Amend SB 184 by adding between lines 32 and 33 of Page 4 the following: "(d) Nothing in this part shall be construed to require a department of nuclear medicine which is located in a hospital of 250 beds or less, which has a board certified radiologist in the practice of nuclear medicine, and which is licensed by the department to handle radioactive materials to obtain the services of a nuclear pharmacist or to have a nu clear pharmacy license." Senator Howard of the 42nd moved that the Senate agree to the House amend ment to SB 184. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th BBuryrtaonnt Cobb Coggin Coleman Dawkins Deal Dean English Fincher Foster Garner Gillis Greene Harris HHiilnl e Holloway Horton Howard Huggins Kidd Lester McGill Peevy Perry Scott of 2nd Scott of 36th Scott f 43rd Q Stu,m.baugh, Tate Thompson Timmons Trulock Turner Tysinger FRIDAY, MARCH 4, 1983 2859 Those not voting were Senators: Barker Bond Coverdell Engram Harrison Hudgins Kennedy (presiding) Land Littlefield McKenzie Phillips Walker On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 184. Senator Kennedy of the 4th, President Pro Temppre, who was presiding, stated that at this time the Senate would consider in open session the appointments submitted by His Excellency, Governor Joe Frank Harris, in a communication to the Senate on March 1, which is included in the Journal of March 1. Senator Allgood of the 22nd asked unanimous consent that the reading of the appointments be dispensed with since they had been printed and distributed by the Secretary to each Senator and that one roll call suffice on all appointments unless any Senator designated any appointee be deleted from the list and voted on individually. The consent was granted. No Senator requested the name of any appointee be deleted. On the confirmation motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Bmnt Burton Cobb Coggin Coleman Dawkins Deal Dean English Fincher Foster Gillis Greene Harris ,,.,, Hine Holloway Horton Howard Huggins Kidd tester Littlefield McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger 2860 JOURNAL OF THE SENATE Those not voting were Senators: Bond Coverdell Engram Garner Harrison Hudgins Kennedy (presiding) Land McKenzie Walker On the motion, the yeas were 46, nays 0; the motion prevailed, and all of the appointees were confirmed. On the confirmation of the above appointees, the following communication was sent by the Secretary of the Senate to His Excellency, Governor Joe Frank Harris: Office of Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 March 4, 1983 Honorable Joe Frank Harris Governor State Capitol Atlanta, Georgia Dear Governor: Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows: Nominations sent to the Senate by you on March 1, 1983, were acted upon by the Georgia State Senate in session on March 4, 1983, with the following results: Honorable William B. Mulherin, M.D., of Clarke County as a member of the Georgia Board of Athletic Trainers, for the term of office beginning August 6, 1982, and ending January 31, 1988. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. Honorable T. G. Rogers of Cobb County as a member of the Georgia State Board of Barbers, for the term of office beginning September 17, 1982, and ending December 29, 1984. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The following named persons as members of the Georgia State Board of Barbers, for terms beginning September 17, 1982, and ending July 25, 1985: Melvin A. Clay of Floyd County; Donald A. Wade of Bacon County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed. Honorable Hewett M. (Mack) Alden, D.C., of DeKalb County as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning August 20, 1982, and ending August 20, 1985. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. Honorable Robert Ressmeyer of Muscogee County as a member of the FRIDAY, MARCH 4, 1983 2861 Georgia Board of Chiropractic Examiners, for the term of office beginning September 17, 1982, and ending August 20, 1985. The vote on this confir mation was yeas 46, nays 0, and the nominee was confirmed. Honorable Judy Hanenkrat of Fulton County as a member of the State Construction Industry Licensing Board, for the term of office beginning June 2, 1982, and ending June 30, 1984. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. Honorable Helen Gnann Byars of DeKalb County as a member of the Board of Human Resources, for the term of office beginning July 14, 1982, and ending April 6, 1985. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. Honorable Joseph T. Christmas, M.D., of Dooly County as a member of the Council on Maternal and Infant Health, for the term of office begin ning August 25, 1982 and ending August 25, 1986. The vote on this confir mation was yeas 46, nays 0, and the nominee was confirmed. The following named persons as members of the Council on Maternal and Infant Health, for terms beginning July 15, 1982, and ending July 1, 1986; Joyce F. Dillon, R.N., Ph.D., of Cobb County; William P. Kanto, Jr., M.D., of DeKalb County; James Stuart Levi, M.D., of Muscogee County; Alva L. Mayes, Jr., M.D., of Bibb County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed. Honorable Raymond L. Wilkes of Bibb County as a member of the Board of Offender Rehabilitation, for the term of office beginning August 5, 1982, and ending January 25, 1983. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. Honorable Kirk L. Smick, O.D., of Clayton County as a member of the Georgia State Board of Examiners in Optometry, for the term of office be ginning July 13, 1982, and ending September 6, 1983. The vote on this con firmation was yeas 46, nays 0, and the nominee was confirmed. Honorable Duane Cochran, O.D., of Glynn County as a member of the Georgia State Board of Examiners in Optometry, for the term of office be ginning November 18, 1982, and ending September 6, 1984. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The following named persons as members of the Georgia State Board of Examiners in Optometry, for terms beginning November 18, 1982, and ending September 6, 1985: William H. Shuman of Clarke County; T. Joel Byars, O.D., of DeKalb County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed. Honorable Anne Morgan Moore of Fulton County as a member of the Georgia State Board of Physical Therapy, for the term of office beginning June 2, 1982, and ending June 30, 1983. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. The following named persons as members of the Board of Examiners for Speech Pathology and Audiology, for terms beginning August 31, 1982, and ending June 24, 1985: Francie L. Ross of Fulton County; Peggy G. Von 2862 JOURNAL OF THE SENATE Almen of Clarke County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed. The following named persons as members of the Board of Trustees of the Teachers' Retirement System of Georgia, for the term of office begin ning May 24, 1982, and serving at the pleasure of the Governor: Lithangia E. Robinson of Fulton County; Kyle D. Smith, Jr., of Gordon County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed. Honorable J. C. Mullis of Clarke County as a member of the Board of Trustees of the Teachers' Retirement System of Georgia, for the term of office beginning May 24, 1982, and ending June 30, 1984. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. Honorable Fern B. Patterson of Hall County as a member of the Board of Trustees of the Teachers' Retirement System of Georgia, for the term of office beginning May 24, 1982, and ending June 30, 1983. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. Honorable Edward V. Deaton of Muscogee County as a member of the Board of Trustees of the Teachers' Retirement System of Georgia, for the term of office beginning May 24, 1982, and ending June 30, 1982. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. Honorable Edward V. Deaton of Muscogee County as a member of the Board of Trustees of the Teachers' Retirement System of Georgia, for the term of office beginning July 1, 1982, and ending June 30, 1985. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. Honorable R. B. Garrett, D.V.M., of Fulton County as a member of the Board of Veterinary Medicine, for the term of office beginning Septem ber 17, 1982, and ending September 16, 1987. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed. Sincerely, /s/ Hamilton McWhorter, Jr. Secretary of the Senate The President resumed the Chair. The following bill of the Senate was taken up for the purpose of considering the House amendments thereto: 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, MARCH 4, 1983 2863 The House amendments were as follows: Amendment No. 1: Amend SB 173 by striking from lines 22 and 23 of Page 1 the following: "a school of veterinary medicine", and inserting in lieu thereof the following: "an approved school of veterinary medicine or veterinary technology". Amendment No. 2: Amend SB 173 by striking lines 11 through 20 on Page 3 and substitut ing in lieu thereof the following: "(b) Until January 1, 1984, any person who has been at any time licensed as a registered animal technician and has had three years' expe rience of employment as a registered animal technician shall upon appli cation be licensed as a veterinary technician without examination and without meeting the requirements of subsection (d) of this Code section." Amendment No. 3: Amend SB 173 by adding between lines 20 and 21 of Page 3 the following: "(c) Any person who immediately prior to the effective date of this Code section was currently licensed as a registered animal technician shall be entitled to be licensed as a veterinary technician and to have such license renewed without examination and without meeting any other requirements of this article." Senator McGill of the 24th moved that the Senate agree to the House amend ments to SB 173. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coggin Coleman Dawkins Deal Dean English Fincher Foster Garner Greene Harris Hill Hine Horton Howard Kennedy 2864 JOURNAL OF THE SENATE Kidd Lester Littlefield McGill Peevy Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Those not voting were Senators: Cobb Coverdell Engram Gillis Harrison Holloway Hudgins Muggins Land McKenzie Perry Scott of 36th Walker On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 173. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The Senate substitute has been ruled not germane on the following bill of the House: 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. The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: 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 House amendment was as follows: Amend SB 182 by striking on line 26 of Page 2 the following: "16,704.00", FRIDAY, MARCH 4, 1983 2865 and inserting in lieu thereof the following: "17,204.00". Senator Kidd of the 25th moved that the Senate agree to the House amendment to SB 182. On the motion, 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 Coggin Coleman Coverdell Dawkins Deal English Engram Fincher Foster Gillis Greene Harris Hill Hine Holloway Horton Huggins Kennedy Voting in the negative was Senator Stumbaugh. Those not voting were Senators: Kidd Lester Littlefield McGill Phillips Scott of 36th Scott of 43rd Starr Tate Timmons Trulock Turner Tysinger Walker Barnes Cobb Dean Garner Harrison Howard Hudgins Land McKenzie Peevy (excused) Perry Scott of 2nd Thompson On the motion, the yeas were 42, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 182. 2866 JOURNAL OF THE SENATE The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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. The House substitute to SB 147 was as follows: 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 authorize the Governor, by proclamation, to suspend the foregoing requirements relative to domestic steel if the Governor determines that such requirements have a detrimental effect on the economy of the state or a portion or area of the state; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 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 iron and 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. FRIDAY, MARCH 4, 1983 2867 (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 10 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. (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. Said part is further amended by adding following Code Section 50-5-82 a new Code Section 50-5-83 to read as follows: "50-5-83. Notwithstanding any provisions of Code Section 50-5-82, if the Governor determines that the requirements of said Code section have a detrimental effect on the economy of the state or a portion or area of the state, the Governor may, by proclamation, suspend the require ments of said Code Section 50-5-82. Such proclamation and suspension shall remain effective until repealed by the Governor or until the General Assembly at any regular session thereof convened after the issuance of such proclamation takes action to amend the suspended Code section spe cifically to supersede and nullify the Governor's proclamation relative thereto." 2868 JOURNAL OF THE SENATE 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 Walker of the 19th moved that the Senate agree to the House substitute to SB 147. On the motion, 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 Coggin Coleman Coverdeil Dawkins Deal Dean English Engram Fincher Foster Gillis Greene Harris Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Land Lester McGill Peevy Phillips Scott of 2nd Scott of 43rd Starr Tate Thompson Trulock Turner Tysinger Walker Voting in the negative were Senators Brantley and Stumbaugh. Those not voting were Senators: Barnes Cobb Garner Harrison Hudgins Littlefield McKenzie Perry Scott of 36th Timmons On the motion, the yeas were 44, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 147. FRIDAY, MARCH 4, 1983 2869 The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: 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. 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: Allgood Barker Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal English Engram Gillis Harris Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker Voting in the negative was Senator Greene. Those not voting were Senators: Barnes Brantley Dean Fincher Foster Garner Harrison Littlefield Scott of 36th Starr On the passage of the bill, the yeas were 45, nays 1. The bill, having received the requisite constitutional majority, was passed. 2870 JOURNAL OF THE SENATE The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate: SB 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 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 following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: 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. 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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Gillis Greene Harris FRIDAY, MARCH 4, 1983 2871 Hill Hine Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Tysinger Walker Those not voting were Senators: Barker Barnes Cobb Garner Harrison Holloway Littlefield Phillips Scott of 36th Trulock On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Coverdell of the 40th moved that the Senate insist upon the Senate substi tute to HB 360. On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 360. 2872 JOURNAL OF THE SENATE The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: 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. The House amendment was as follows: Amend SB 180 by striking from Section 2 on line 24 of Page 4 the word "officer" and inserting in lieu thereof the word "employee". Senator Hudgins of the 15th moved that the Senate agree to the House amend ment to SB 180. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Gillis Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Tysinger Walker Those not voting were Senators: Barker Barnes Cobb Garner Greene Littlefield Phillips Trulock FRIDAY, MARCH 4, 1983 2873 On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 180. The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon: 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. The Conference Committee report on HB 171 was as follows: The Conference Committee on HB 171 recommends that both the Sen ate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 171 be adopted. Respectfully submitted, FOR THE SENATE: /s/ J. Nathan Deal Senator, 49th District /s/ John C. Foster Senator, 50th District /s/ W. F. Harris Senator, 27th District FOR THE HOUSE OF REPRESENTATIVES: /s/ Jerry D. Jackson Representative, 9th District /s/ Lauren McDonald, Jr. Representative, 12th District /s/ Thomas B. Buck Representative, 95th District Conference Committee 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- 2874 JOURNAL OF THE SENATE 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 win ery's wine by providing complimentary samples of such wine to the pub lic 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 tured during calendar year 1981, 1982, or 1983 outside Georgia from 100 percent Georgia grown fruits, berries, or grapes. (c) (1) Except as provided in paragraph (2) of this subsection, 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 calen dar year 1981, 1982, or 1983 outside Georgia from 100 percent Georgia grown fruits, berries, or grapes and only if the annual production of wine by the farm winery in Georgia does not exceed 24,000 gallons per annum. (2) The commissioner shall not authorize any licensed farm winery to sell its wine at wholesale as provided in paragraph (1) of this subsec tion unless such licensed farm winery shall have first offered its products for sale at a fair market wholesale price to a licensed Georgia wholesaler. If such wholesaler does not accept the farm winery's product within 30 days of such offer, the provisions of paragraph (1) of this subsection shall apply. (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. (f) The surety bond required as a condition upon issuance of a li- FRIDAY, MARCH 4, 1983 2875 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 subsection (b) of this Code section shall have levied thereon an excise tax as pre scribed by Code Section 3-6-50, and such tax shall be reported and re mitted to the commissioner as provided in Code Section 3-2-6." Section 2. Said chapter is further amended by striking Code Section 3-6-70 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 sacramental 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 consumption 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. Senator Deal of the 49th moved that the Senate adopt the Conference Committee report on HB 171. On the motion, 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 Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Horton Howard Hudgins Huggins Kennedy Kidd Land Lester Littlefield McGill McKenzie Peevy Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Tate 2876 JOURNAL OF THE SENATE Trulock Turner Tysinger Walker Voting in the negative were Senators Burton and Thompson. Those not voting were Senators: Barnes Holloway Perry Scott of 36th Timmons On the motion, the yeas were 49, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on HB 171. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: 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. 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 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 Hine Horton Howard Hudgins Huggins Kidd Land Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Tate FRIDAY, MARCH 4, 1983 2877 Thompson Timmons Turner Tysinger Walker Those not voting were Senators: Bowen Garner Holloway Kennedy Stumbaugh Trulock On the passage of the bill, the yeas were SO, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator McGill of the 24th. Senator Trulock of the 10th moved that HB 541 be committed to the Senate Com mittee on Agriculture. On the motion, the yeas were 32, nays 1; the motion prevailed, and HB 541 was committed to the Senate Committee on Agriculture. The following general resolution of the House, favorably reported by the commit tee, was read the third time and put upon its adoption: 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. Senate Sponsor: Senator Hudgins of the 15th. The Senate Committee on Education offered the following amendment: Amend HR 156 by striking on line 3 of Page 2 the following: "15", and inserting in lieu thereof the following: "16". By striking from line 30 of Page 2 after the semicolon the following: "and". 2878 JOURNAL OF THE SENATE By striking the period on line 3 of Page 3 and inserting in lieu thereof the following: "; and". By adding between lines 3 and 4 of Page 3 the following: "(14) One representative of the PTA, which may be the President or his or her designee." By striking line 4 of Page 3 and inserting in lieu thereof the following: "The Speaker of the House of Representatives shall designate the Chairman of the committee. The committee shall undertake a study of the". Senator Hudgins of the 15th offered the following amendment: Amend HR 156 by striking on Page 3, line 15 the following: "General Assembly" and inserting in lieu thereof: "Senate Research Office". Senator Hudgins of the 15th moved that HR 156 be committed to the Senate Committee on Education. On the motion, the yeas were 33, nays 0; the motion prevailed, and HR 156 was committed to the Senate Committee on Education. The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: 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 House amendment was as follows: Amend SB 188 by striking in its entirety paragraph (2), beginning on line 6 of Page 10 and continuing through line 11, which reads as follows: "(2) The results of all investigations shall be reported solely to the board, and the records of such investigations shall be kept by the board. No part of any such record shall be released for any purpose other than a hearing before the board nor shall such records be subject to subpoena.", FRIDAY, MARCH 4, 1983 2879 and inserting in lieu thereof a new paragraph (2) to read as follows: "(2) The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the joint-secretary with the board retaining the right to have access at any time to such records." Senator Kidd of the 25th moved that the Senate agree to the House amendment to SB 188. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant 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 Those not voting were Senators: Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr SUimbaugh Tate Timmons Trulock Turner Tysinger Walker Littlefield Scott of 36th Thompson On the motion, the yeas were S3, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 188. 2880 JOURNAL OF THE SENATE The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House: 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 for a code of ethics for public servants. The House has appointed a 2nd Committee of Conference on the following bill of the House: 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. The Speaker has appointed on the part of the House: Representatives Sizemore of the 136th, Ross of the 82nd and Phillips of the 93rd. The House has passed by the requisite constitutional majority the following bill of the House: HB 845. Representative Colbert of the 23rd: A bill to amend an Act reincorporating the City of Mountain Park and creating a new charter for said city, so as to change the name of the mayor's 'court and to provide for the appointment of a judge of said court. FRIDAY, MARCH 4, 1983 2881 The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: 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 House amendment was as follows: Amend SB 193 by striking from lines 23 and 24 of Page 1 and line 20 of Page 2 the following: "court costs", and inserting in lieu thereof the following: "all costs of court", and by striking line 32 of Page 2 which reads as follows: "the amount of such money and currency expended for", and inserting in lieu thereof the following: "the amount of all such money and currency expended for such". Senator Perry of the 7th moved that the Senate agree to the House amendment to SB 193. 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 Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry 2882 Phillips Scott of 2nd Scott of 43rd Starr JOURNAL OF THE SENATE Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Broun of 46th Garner Harrison Littlefield Scott of 36th On the motion, the yeas were SI, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 193. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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 House substitute to SB 113 was as follows: A BILL TO BE ENTITLED AN ACT To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for the method of fixing the compensation of certain public officials; to authorize certain public officials and employees, under certain circumstances and procedures, to engage in certain business transactions with the state and to receive compensation therefor; to provide for such circumstances and procedures; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking paragraphs (8), (10), (16), and (17) of subsection (a) of Code Section 45-7-4, relating to annual salaries of certain state officials, in their entirety and inserting in lieu thereof the following: "(8) Commissioner of offender rehabilitation .............................. 49,900.00 FRIDAY, MARCH 4, 1983 2883 (10) Each member of the Board of Pardons and Paroles ....................... 46,900.00 (16) Commissioner of banking and finance ................................... 49,900.00 ( 1 7) Commissioner of administrative services .................................. 49,900.00" Section 2. Said title is further amended by adding at the end of Part 2 of Article 2 of Chapter 10 a new Code Section 45-10-42 to read as follows: "45-10-42. Notwithstanding any other provision of Part 1 of this ar ticle or any other provision of this Code, public officers and employees who are reporters for the State Board of Workers' Compensation may, for themselves or on behalf of any business entity, when providing tran scripts of records to parties under subsection (g) of Code Section 34-9102, sell such transcripts to any agency of the state and receive compen sation therefor." Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 113. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barnes Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coggin Coleman Coverdell Deal Dean English Engram Fincher Garner Gillis Greene Harris Harnson Hill Hine Holloway Hudgins Huggins Kennedy Kidd tester McGill McKenzie Peevy Phillips Scott of 2nd Scott of 36th Scott f 43rd Thompson Timmons Trulock Turner Tysinger Walker Those voting in the negative were Senators: Barker Bond Burton Foster Horton Land Perry Stumbaugh 2884 JOURNAL OF THE SENATE Those not voting were Senators: Bowen Dawkins Howard Littlefield On the motion, the yeas were 44, nays 8; the motion prevailed, and the Senate agreed to the House substitute to SB 113. The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto: 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. The House amendment was as follows: Amend the Senate substitute to HB 606 as follows: By deleting the period on Page 16, line 31 and adding thereafter the following: ", except for transactions provided for in Subsection 45-1024(b)(2)." Senator Barnes of the 33rd moved that the Senate agree to the House amendment to the Senate substitute to HB 606. On the motion, 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 Cobb Coggin Coleman Dawkins Deal Dean English Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Hudgins Huggins Kennedy Kidd Lester FRIDAY, MARCH 4, 1983 2885 Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Walker Those voting in the negative were Senators: Barker Burton Horton Land Tysinger Those not voting were Senators: Bowen Coverdell Engram Howard Stumbaugh On the motion, the yeas were 46, nays 5; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 606. The following bill of the House was read the first time and referred to committee: HB 845. By Representative Colbert of the 23rd: A bill to amend an Act reincorporating the City of Mountain Park and creating a new charter for said city, so as to change the name of the mayor's court and to provide for the appointment of a judge of said court. Referred to Committee on Federal, State and Community Affairs. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House: HB 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. 2886 JOURNAL OF THE SENATE The Speaker has appointed on the part of the House: Representatives Connell of the 87th, Brown of the 88th and Cheeks of the 89th. The following local bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Allgood of the 22nd moved that the Senate adhere to the Senate substi tute to HB 534, 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 534. The President appointed as a Conference Committee on the part of the Senate the following: Senators Allgood of the 22nd, tester of the 23rd and English of the 21st. The following resolution of the Senate was read and adopted: SR 260. By Senator Garner of the 30th: A resolution commending Mr. Rick Camp of the Atlanta Braves. SUPPLEMENTAL RULES CALENDAR Friday, March 4, 1983 FORTIETH LEGISLATIVE DAY HB 236 HB 368 HB 497 One Spouse Head of Family--no longer presume (J&CL--48th) County Boards of Equalization--alternate method of selecti (FS&CA-G--10th) Stolen Motor Vehicle License Plates--reporting (Pub Saf--44th) FRIDAY, MARCH 4, 1983 2887 The following general bill of the House, having been read the third time and lost and reconsidered previously today, was put upon its passage: 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. Senate Sponsor: Senator Peevy of the 48th. Senator Brannon of the 51st moved that HB 236 be placed on the Table. Senator Peevy of the 48th moved the previous question. The President stated that the motion offered by Senator Brannon of the 51st to table HB 236 takes precedence. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Brannon IB*u?rTMton1 Cobb Fincher Garner Gillis Harris H"uiuggm. s Kennedy Land Lester McGill Perry cphiiiips Marr Thompson Timmons Those voting in the negative were Senators: Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Coggin Coleman Coverdell Dawkins Deal Dean English Engram Foster Greene Harrison Hine Holloway Horton Howard Hudgins Kidd Littlefield McKenzie Peevy Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Trulock Turner Tysinger Walker 2888 JOURNAL OF THE SENATE On the motion, the yeas were 20, nays 36; the motion was lost, and HB 236 was not tabled. On the motion offered by Senator Peevy of the 48th, the yeas were 41, nays 0; 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 Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Coggin Coleman Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis Greene Harrison Hine Holloway Horton Howard Hudgins Kennedy Kidd Land Littlefield McKenzie Peevy Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Trulock Turner Tysinger Walker Those voting in the negative were Senators: Allgood Brannon Burton C0bb Fincher Harris H ill Huggins Lester McGill Perry Phillips Starr Thompson Timmons On the passage of the bill, the yeas were 40, nays 16. The bill, having received the requisite constitutional majority, was passed. FRIDAY, MARCH 4, 1983 2889 The following resolution of the Senate was read and put upon its adoption: SR 261. By Senators Kennedy of the 4th and Allgood of the 22nd: A resolution relative to adjournment by the General Assembly sine die at 7:45 o'clock P.M. on March 4, 1983. On the adoption of the resolution, the yeas were 34, nays 1. The resolution, having received the requisite constitutional majority, was adopted. The following bills of the Senate and House were taken up for the purpose of considering the Conference Committee reports thereon: 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 Conference Committee report on SB 81 was as follows: The Conference Committee on SB 81 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to SB 81 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Paul D. Coverdell Senator, 40th District Beverly Engram Senator, 34th District /s/ Pierre Howard Senator, 42nd District FOR THE HOUSE OF REPRESENTATIVES: Tyrone Brooks Representative, 34th District /s/ Rudolph Johnson Representative, 72nd District /s/ Cathey W. Steinberg Representative, 46th District Conference Committee 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 2890 JOURNAL OF THE SENATE 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 that certain employees of certain county probation systems shall re main members of a local retirement system and shall not have the option to become members of the Employees' Retirement System of Georgia; to au thorize certain counties to supplement the state salaries paid to certain em ployees who become employees of the Department of Offender Rehabilita tion; to provide for control over conflicting laws or ordinances; to provide procedures, requirements, and other matters relative to the foregoing; to re peal 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 a 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, subject to the limita tions of subsection (0 of 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 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 trus tees 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 FRIDAY, MARCH 4, 1983 2891 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, subject to the limitations of subsection (f) of this Code section, may ei ther continue active membership in the local retirement system as pro vided in this subsection or become a member of the Employees' Retire ment System of Georgia and transfer creditable service as an employee of the local retirement system to the Employees' Retirement System of Georgia as provided in subsection (d) of this Code section. Such employ ees who are subject to the provisions of subsection (e) of this Code sec tion shall have the additional option to retire under the local retirement system, if qualified therefor, as provided in said subsection (e). An em ployee 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 Rehabili tation 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 employee shall be included as salary for the purposes of a local retirement system in which such employee continues membership. Such employee shall con tinue to pay the employee contributions required under the local retire ment system; and, for such purposes, the Department of Offender Reha bilitation 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, except as oth erwise provided by subsection (f) of this Code section. Any such em 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- 2892 JOURNAL OF THE SENATE 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. (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 future such census. The employees of other county probation systems subject to the provisions of 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 service under the local retirement system to qualify for retirement bene fits. Such option may be exercised by any such employee making applica tion 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 Employees' Retirement System of Georgia and, if the employee accepts employment as an em ployee of the Department of Offender Rehabilitation, shall become a member of the Employees' Retirement System of Georgia at the time the county probation system becomes a part of the state-wide probation system. (f) This subsection shall apply only to employees of a county proba tion system of a county having a population of 550,000 or more accord ing to the United States decennial census of 1980 or any future such census. The employees of any such county probation system who were FRIDAY, MARCH 4, 1983 2893 members of a local retirement system and who have ten or more years of creditable service under the local retirement system at the time the county probation system becomes a part of the state-wide probation sys tem shall not have the option to become members of the Employees' Re tirement System of Georgia, and such employees shall continue active membership in the local retirement system. The provisions of subsection (c) of this Code section shall apply to such employees, except for the provisions of said Code section relative to the option to become members of the Employees' Retirement System of Georgia. (g) 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 creditable 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. (h) The provisions of this subsection shall apply only to counties having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census which had a county probation system whose employees are subject to the provisions of this Code section. The governing authority of a county subject to this subsection is au thorized to supplement the state salaries paid to employees of the De partment of Offender Rehabilitation who were employees of the county's probation system prior to its becoming a part of the state-wide probation system. Such salary supplement, if any, shall be included in the salary of any such employee for all purposes under any local retirement system in 2894 JOURNAL OF THE SENATE which the employee remains a member pursuant to the authority or re quirements of this Code section. Such salary supplement, if any, shall not be considered state salary for the purposes of any payments made from state funds to a local retirement system to reimburse such local retire ment system for employer contributions that would be made under the Employees' Retirement System of Georgia if such employees had become members of the Employees' Retirement System of Georgia pursuant to the provisions of this Code section. (i) 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. 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: March 4, 1983 SUBJECT: Fiscal Note--Substitute to Senate Bill 81 (LC 7 5408S) 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). Retirement op tions must be exercised within six months after the date the county proba tion system becomes a part of the statewide probation system, are irrevoca ble, and may not be later rescinded or modified. Two county probation systems (Fulton and DeKalb) with a total of ap proximately 161 employees could be affected by this Bill. The retirement options are addressed in the following paragraphs. FRIDAY, MARCH 4, 1983 2895 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 compen sation 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. For Fulton County, the employer contributions would be paid by DOOR for the state salary and by the county for the additional compensation from the county. ERS and DeKalb County would incur no additional liabilities for members electing this option. DOOR would not be affected since the de partment would be responsible for the same contributions under current law. Fulton County would incur the cost of employer contributions for any additional salaries provided. This cost would be dependent upon the additional compensation provided by the county. 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. Mem bers of a local retirement system of a county having a population of at least 550,000 and who have 10 or more years creditable service, shall not be eligible for this option and must remain with the local system. Within 30 days of a member's election of this option, the local retirement system must pay ERS the employee contributions and interest which would have accumulated 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 ac crued liability for ERS. For members electing this option, ERS would incur no additional liabilities because the accrued liability created by granting such service credit would be paid jointly by the county and the local retirement sys tem. 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 retirement 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 popula tion 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 be comes part of the statewide probation system but would not be eligible to purchase any creditable service which is covered under the local retire ment system. For members electing this option, ERS would incur no additional 2896 JOURNAL OF THE SENATE liability since such members would be prohibited from transferring such creditable service. Since the employees affected by this option are eligible for retirement, there would be no impact on the local retirement systems. 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 be comes a part of the statewide probation system. Such members may purchase creditable service under ERS for all or any portion of previous actual service rendered as an employee of the applicable county proba tion 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 contri butions 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 six-month time limitation for exercis ing options would not apply to the purchase of this creditable service as members could purchase creditable service at any time during the first five years of membership in ERS. ERS could establish payment sched ules for eligible members to purchase this creditable service. For members electing this option, ERS would incur no additional liabilities because the accrued liability created by granting such service credit would be paid by the member. In summary, ERS would incur no additional liability for any of the four options available. An actuarial analysis and a survey of persons affected by this Bill would be necessary to determine the exact fiscal impact on county governments and local retirement systems. 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 Senator Coverdell of the 40th moved that the Senate adopt the Conference Com mittee report on SB 81. 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 Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean Fincher Foster Gillis FRIDAY, MARCH 4, 1983 2897 Greene Harris Hill HHuHooinlriiletoown ay Howard Huggins Kennedy Kidd Land Littlefield PM\MiecceGvKvyielnl zie Perry Scott of 2nd Scott of 36th Stumbaugh Tate Thompson T-_lr,i;rmumlm.mocnok.nnes Turner Tysinger Walker Voting in the negative were Senators Coggin and Scott of the 43rd. Those not voting were Senators: Allgood Brown of 47th English Engram Garner Harrison Hudgins Lester Phillips Starr On the motion, the yeas were 44, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on SB 81. 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. The Conference Committee report on HB 440 was as follows: The Conference Committee on HB 440 recommends that both the Sen ate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 440 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Loyce W. Turner Senator, 8th District /s/ L. H. McKenzie Senator, 14th District /s/ Paul C. Broun Senator, 46th District FOR THE HOUSE OF REPRESENTATIVES: /s/ Marcus E. Collins Representative, 144th District /s/ Frank C. Pinkston Representative, 100th District /s/ Roger Williams Representative, 6th District 2898 JOURNAL OF THE SENATE Conference Committee substitute to HB 440: A BILL TO BE ENTITLED AN ACT 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; to repeal the tax on bank shares; to repeal the existing tax on the net worth of state building and loan associa tions, and federal savings and loan associations; to remove the exemptions of banks, state building and loan associations, and federal savings and loan associations from the state corporate income tax, the state corporate net worth tax, the tax on intangible property, and the tax on tangible personal property; to permit municipalities and counties to levy local business license taxes upon banks, state building and loan associations, and federal savings and loan associations; to provide for additional exemptions from the tax on intangible property; to provide for a credit against state corporate income tax; to provide for legislative intent and severability; to provide for other matters relative to the foregoing; to provide an effective date; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-6-20, relat ing to definitions pertaining to intangible personal property tax, in its en tirety and inserting in lieu thereof a new Code Section 48-6-20 to read as follows: "48-6-20. As used in this chapter, the term: (1) 'Bank' means any financial institution chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a corporate structure authorizing the issuance of capital stock. (2) 'Collateral security loan' means a loan held by any broker which represents credit extended in connection with the purchase or sale of stocks, bonds, or other securities of a like character held as collateral security for the loan. (3) 'Depository financial institution' means a 'bank' and a 'savings and loan association.' (4) 'Money' means specie, currency, and credits resulting from the deposit of money, currency, checks, bills, and other evidences of the credits. (5) 'Savings and loan association' means any financial institution, other than a credit union, chartered under the laws of this state or under the laws of the United States and domiciled in this state which is author ized to receive deposits in this state and which has a mutual corporate form." FRIDAY, MARCH 4, 1983 2899 Section 2. Said title is further amended by striking Code Section 486-22, relating to exemptions from intangible tax, in its entirety and inserting in lieu thereof a new Code Section 48-6-22 to read as follows: "48-6-22. The tax imposed by this article shall not apply to: (1) Obligations or evidences of debt of the United States or of this state or its political subdivisions or public institutions. Such obligations and evidences of debt shall include obligations of the United States gov ernment agencies and corporations established by acts of the Congress of the United States as well as industrial development revenue bonds issued pursuant to the laws of this state; (2) Intangible personal property owned by a trust forming part of a pension, profit-sharing, or stock bonus plan exempt from federal income taxes under Section 401 of the Internal Revenue Code of 1954; (3) Intangible personal property owned by or irrevocably held in trust for the exclusive benefit of a religious, educational, or charitable institution, no part of the net profit from the operation of which inures to the benefit of any private person; (4) Intangible personal property owned by a person domiciled in this state which has acquired a taxable situs and is subjected to tax in an other state incident to the conduct of business located in the other state; (5) Common voting stock of a subsidiary corporation not doing busi ness in this state if at least 90 percent of the common voting stock is owned by a domestic corporation with its principal place of business in this state and was acquired or is held for the purpose of enabling the parent company to carry on some part of its established line of business through the subsidiary; (6) Stock of a corporation organized under the laws of this state if the corporation pays all taxes in this state as provided by law. For pur poses of this paragraph, the term 'corporation' also means any depository financial institution; (7) Stock of a domesticated foreign corporation if the corporation pays to this state or its political subdivisions all taxes as provided by law; (8) Assets representing mandatory reserve requirements imposed, by statute or otherwise, on depository financial institutions subject to the tax on intangible property; (9) Stock of the Federal Reserve Bank, the Government National Mortgage Association, the Federal National Mortgage Association, and other corporations and associations established by acts of the Congress of the United States; (10) Mandatory deposits with the Federal Reserve Bank or others required by statute or regulations; (11) Federal or correspondent funds sold and securities and other intangible assets purchased under agreements to resell to the extent they 2900 JOURNAL OF THE SENATE are offset by federal or correspondent funds purchased and securities and other intangible assets sold under agreements to repurchase; (12) Customer's liabilities to depository financial institutions on ac ceptances outstanding to the extent they are offset by liabilities of de pository financial institutions on acceptances executed and outstanding; (13) Receivables arising from the lease of tangible personal prop erty, provided that tangible property tax is due upon such property; (14) Intercompany loans or advances from a parent corporation to a subsidiary, or vice versa, or from one subsidiary to another subsidiary, provided that the parent corporation owns, either directly or through other subsidiaries, more than 90 percent of the common voting stock of any subsidiary which is a party to any such transaction; and (15) Intangible personal property owned by an international banking agency or domestic international banking facility licensed to do business in this state." Section 3. Said title is further amended by striking Code Section 486-23, relating to intangible tax rates, in its entirety and inserting in lieu thereof a new Code Section 48-6-23 to read as follows: "48-6-23. (a) A property tax is levied annually as of January 1 of each year at the following rates: (1) Ten cents upon each $1,000.00 of the fair market value of all personal property classified for taxation as intangible personal property in Code Section 48-6-21. The tax is not levied by this paragraph on in tangible personal property classified as collateral security loans, longterm notes secured by real estate, or stocks, bonds, and debentures; (2) Twenty-five cents upon each $1,000.00 of the fair market value of all collateral security loans; (3) One dollar upon each $1,000.00 of the fair market value of all stocks in all corporations except those specifically exempted by law; and (4) One dollar upon each $1,000.00 of the fair market value of all bonds and debentures of all corporations. The tax rate upon notes of cor porations, other than long-time notes secured by real estate, shall be the rate specified in paragraph (1) of subsection (a) of this Code section, regardless of the maturity date of any such note or notes. (b) Long-term notes secured by real estate, as defined in Article 3 of this chapter, shall be recorded and taxed as provided in Article 3 of this chapter. Section 4. Said title is further amended by striking subsection (b) of Code Section 48-6-63, relating to taxation of short-term notes, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: "(b) Nothing contained in this Code section shall be construed to require the payment of ad valorem taxes on short-term notes by any in stitutions exempted by Article 2 of this chapter." FRIDAY, MARCH 4, 1983 2901 Section 5. Said title is further amended by striking Code Section 486-90, relating to bank taxation, in its entirety and inserting in lieu thereof a new Code Section 48-6-90 to read as follows: "48-6-90. Except as is otherwise provided in this title, depository financial institutions shall be subject to all forms of state and local taxa tion in the same manner and to the same extent as other business corpo rations in Georgia." Section 6. Said title is further amended by striking Code Section 486-91, relating to building and loan and savings and loan association taxa tion, in its entirety and inserting in lieu thereof a new Code Section 48-6-91 to read as follows: "48-6-91. (a) Except as is otherwise provided in this title, depository financial institutions organized under the laws of any state other than the State of Georgia, of the United States and domiciled outside of Georgia, or of any foreign government, and which maintains a place of business within this state shall be subject to state and local taxation in the same manner and to the same extent as foreign corporations authorized to do business in this state. (b) Domestic international banking facilities operating in this state pursuant to Article 5A of Chapter 1 of Title 7, the 'Domestic Interna tional Banking Facility Act' and engaging only in those activities author ized pursuant to that Act shall not be deemed to maintain a place of business in this state and shall not be subject to any state or local tax, license, or fee solely because of such activities." Section 7. Said title is further amended by striking Code Section 486-92, which reads as follows: "48-6-92. (a) Banks chartered under the laws of this state and building and loan associations organized under the laws of this state which accept funds for deposit and submit to examination by the com missioner of banking and finance, and banks and savings and loan as sociations chartered under the laws of the United States shall be taxed as provided in this article. Neither such banks nor such building and loan associations nor international banking corporations and international bank agencies authorized to conduct business in this state under Georgia law nor their assets shall be subject to Article 2 of this chapter. (b) Nothing contained in this Code section shall be construed to ex empt from Article 2 of this chapter any person licensed to conduct a small loan business pursuant to Chapter 3 of Title 7.", in its entirety and inserting in its place the following: "48-6-92. Reserved." Section 8. Said title is further amended by striking Code Section 486-93, relating to taxation of certain intangibles, in its entirety and inserting in lieu thereof a new code Section 48-6-93 to read as follows: "48-6-93. (a) Municipalities and counties may each levy and collect 2902 JOURNAL OF THE SENATE a business license tax from depository financial institutions located within their respective jurisdiction at a rate not to exceed 0.25 percent of the gross receipts, as defined and allocated in this Code section, of said de pository financial institutions. Municipalities and counties may provide that the minimum annual amount of such levy upon any depository financial institution shall be not more than $1,000.00. (b) (1) For purposes of this Code section, 'gross receipts' means the total amount of revenue generated from the sources itemized below dur ing the calendar year immediately preceding the date on which the tax authorized by this Code section shall be due. Before determining gross receipts there shall be deducted: (A) An amount equal to the amount of interest paid on all liabilities for the period; (B) An amount equal to income derived from the authorized activi ties of any domestic international banking facility operating pursuant to Article 5A of Chapter 1 of Title 7, the 'Domestic International Banking Facility Act'; (C) An amount equal to any income arising from the conduct of a banking business with persons or entities located outside of the United States, its territories, or possessions; (D) An amount equal to a depository financial institution's gross in come which is taxed under the tax laws of a state other than Georgia; and (E) To the extent that any deductions are made pursuant to subparagraphs (B), (C), and (D) of this subsection, any deductions taken under subparagraph (A) of this subsection shall be reduced by the same pro portion that the deductions in subparagraphs (B) through (D) of this subsection bear to the gross receipts of the depository financial institution as calculated before making any deductions pursuant to subparagraphs (A) through (D) above. (2) The items to be included in the calculation of gross receipts with respect to banks are as follows: (A) Interest and fees on loans less any interest collected on those portions of loans sold and serviced for others; (B) Interest on balances with other depository financial institutions; (C) Interest on federal or correspondent funds sold and securities purchased under agreement to resell; (D) Interest on other bonds, notes, and debentures, excluding inter est on obligations of the State of Georgia or its political subdivisions and obligations of the United States; (E) Dividends on stock; (F) Income from direct lease financing; FRIDAY, MARCH 4, 1983 2903 (G) Income from fiduciary activities; (H) Service charges on deposit accounts; (I) Other service charges, commissions, and fees; and (J) Other income. (3) The items to be included in the calculation of gross receipts with respect to savings and loan associations are as follows: (A) Interest on mortgage loans less any interest collected on those portions of loans sold and serviced for others; (B) Interest on mortgages, participations, or mortgage-backed se curities; (C) Interest on real estate sold on contract; (D) Discounts on mortgage loans purchased; (E) Interest on other loans, excluding interest on obligations of the State of Georgia or its political subdivisions and obliga tions of the United States; (F) Interest and dividends on investments and deposits; (G) Loan fees; (H) Loan servicing fees; (I) Other fees and charges; (J) Gross income from real estate owned operations; (K) Net income from office building operations; (L) Gross income from real estate held for investment; (M) Net income from service corporations and subsidiaries; (N) Miscellaneous operating income; (O) Profit on sale of real estate owned, investment securities, loans, and other assets; and (P) Miscellaneous nonoperating income. (c) Every depository financial institution subject to the tax author ized by this Code section shall file a return of its gross receipts with each applicable jurisdiction levying such tax by March 1 of the year following the year in which such gross receipts are measured. Said return shall be in the manner and in the form prescribed by the commissioner based on the allocation method set forth in subsection (d) of this Code section. The return shall provide the information necessary to determine the por tion of the taxpayer's total gross receipts to be allocated to each taxing jurisdiction in which such institution has a place of business. Each taxing 2904 JOURNAL OF THE SENATE jurisdiction which has enacted a business license tax pursuant to subsec tion (a) of this Code section shall assess and collect said tax based upon the information provided in the returns. (d) The total gross receipts generated in this state by a depository financial institution subject to any tax authorized by this Code section shall be allocated among separate taxing jurisdictions as follows: (1) If a depository financial institution shall have an office or a place of business in more than one municipality, the amount of gross receipts taxable by each municipality shall be the amount of gross receipts attrib utable to such offices or places of business as of December 31 of the year in which gross receipts are measured; and (2) If a depository financial institution shall have an office or a place of business in more than one county, the amount of gross receipts taxable by each county shall be the amount of gross receipts attributable to such offices or places of business as of December 31 of the year in which gross receipts are measured; and (3) In determining the amount of 'gross receipts' attributable to each location, 20 percent of the gross receipts shall be attributable to the parent bank. The remaining 80 percent of gross receipts shall be attribu table to branch banks and bank offices, pro rata according to the number of such branch banks, and bank offices, with none of the gross receipts attributable to bank facilities or other outlets not considered to be a par ent bank, branch bank, or bank office. The terms 'parent bank,' 'branch bank,' and 'bank office' as used in this Code section mean those same terms as defined in Chapter 1 of Title 7, the 'Financial Institutions Code of Georgia.' If there are fewer than five branch banks or bank offices in addition to the parent bank, the amount of gross receipts attributable to each such parent bank, branch bank, or bank office shall be determined by dividing the total gross receipts by the aggregate number of such out lets. For purposes of this distribution formula only, the term 'bank' also means a savings and loan association. (e) Any tax paid by a depository financial institution pursuant to this Code section and Code Section 48-6-95 shall be credited dollar for dollar against any state corporate income tax liability of such institution for the tax year during which any business and occupation tax authorized by this Code section is paid. Such credit shall be subject to the provisions contained in paragraph (11) of subsection (b) of Code Section 48-7-21. (f) Except as authorized by this Code section, no municipality or county shall levy any form of business license tax, fee, franchise, or occu pation tax on any depository financial institution." Section 9. Said title is further amended by striking Code Section 486-95, which reads as follows: "48-6-95. The commissioner may promulgate rules and regulations to require state and national banking associations, federal savings and loan associations, and state building and loan associations to file informa tion returns with respect to state income taxes and other forms of taxation.", FRIDAY, MARCH 4, 1983 2905 in its entirety and inserting in its place a new Code section 48-6-95 to read as follows: "48-6-95. (a) There is imposed a special state occupation tax on each depository financial institution located in this state. The rate of this tax shall be 0.25 percent of the gross receipts, as defined in subsection (b) of Code Section 48-6-93, of the depository financial institution. This tax shall be in addition to any and all other taxes to which such de pository financial institution is subject. (b) Each depository financial institution shall file with the commis sioner a return of its gross receipts by March 1 of the year following the year in which such gross receipts are measured. Said return shall be in the manner and in the form prescribed by the commissioner. The tax imposed by this Code section shall be paid to the commissioner at the time of filing the return. (c) The commissioner shall make an annual report to the Governor and to the chairmen of the House and Senate Appropriations Commit tees of the amount of special state occupation tax on depository financial institutions collected." Section 10. Said title is further amended by adding new Code Sec tions 48-6-96 through 48-6-98 to read as follows: "48-6-96. No depository financial institution shall be deprived of the benefit of any exemption, deduction, or credit authorized by law as a consequence of its election to file otherwise lawful consolidated returns with its parent organization or any corporate subsidiaries with respect to any state or local tax levied against such depository financial institution. 48-6-97. Except as otherwise provided by law, credit unions organ ized under the provisions of Chapter 1 of Title 7, the 'Financial Institu tions Code of Georgia' shall be subject to all forms of state and local government taxation authorized by the Congress of the United States for the taxation of federally chartered credit unions on January 1, 1984. It is the intent of the General Assembly of the State of Georgia that credit unions organized under the laws of this state and credit unions organized under the laws of the United States and domiciled within this state be subject to the same degree of taxation whether by the state or any of its political subdivisions in which such credit union maintains a place of business. It is further the intent of the General Assembly that in the event the Congress of the United States should change the manner in which federally chartered credit unions may be taxed by state and local governments, then to the extent that state legislative authority is not pre empted by the Congress, state-chartered credit unions and federally chartered credit unions operating in this state shall be taxed to the same extent and in the same manner as state-chartered savings and loan as sociations operating in this state. 48-6-98. It is the intent of the General Assembly of the State of Georgia that depository financial institutions shall be taxed in the same manner and to the same extent for purposes of state taxation. It is the further intent of the General Assembly of Georgia that depository financial institutions shall be taxed in the same manner and to the same 2906 JOURNAL OF THE SENATE extent by the individual political subdivisions in which they have an office or place of business; provided, however, that the following distinctions shall be made to recognize differences between banks and savings and loan associations: (1) Any appropriate distinctions made elsewhere in this chapter, and specifically the following: (2) For a period of three years from January 1, 1984, the aggregate gross receipts taxes payable by any savings and loan association under the provisions of this chapter shall not be in excess of an amount that would be raised by a current ad valorem tax imposed upon the net worth of said association. As used in this chapter, the term 'net worth' means all surplus, undivided profits, and reserves exclusive of any reserve re quired by any federal or state statute or regulation in force as of January 1, 1980, which statute or regulation was applicable to such federal or state-chartered association, and minus the fair market value of all real estate or equity therein owned by the association." Section 11. Said title is further amended by striking Code Section 487-21, relating to corporate income tax, in its entirety and inserting in lieu thereof a new Code Section 48-7-21 to read as follows: "48-7-21. (a) Every domestic corporation and every foreign corpora tion shall pay annually an income tax equivalent to 6 percent of its Geor gia taxable net income. Georgia taxable net income of a corporation shall be the corporation's taxable income from property owned or from busi ness done in this state. A corporation's taxable income from property owned or from business done in this state shall consist of the corpora tion's taxable income as defined in the Internal Revenue Code of 1954, with the adjustments provided for in subsection (b) of this Code section and allocated and apportioned as provided in Code Section 48-7-31. (b) (1) (A) When interest income is derived from obligations of any state or political subdivision except this state and political subdivisions of this state, the interest income shall be added to taxable income to the extent that the interest income is not included in gross income for federal income tax purposes. Interest or dividends on obligations of any author ity, commission, instrumentality, territory, or possession of the United States which by the laws of the United States are exempt from federal income tax but not from state income tax shall also be added to taxable income. (B) There shall be subtracted from taxable income interest or divi dends on obligations of the United States and its territories and posses sions or of any authority, commission, or instrumentality of the United States to the extent such interest or dividends are includable in gross income for federal income tax purposes but exempt from state income taxes under the laws of the United States. There shall also be subtracted from taxable income any income derived from the authorized activities of a domestic international banking facility operating pursuant to the provi sions of Article 5A of Chapter 1 of Title 7, the 'Domestic International Banking Facility Act' and any income arising from the conduct of a banking business with persons or entities located outside the United FRIDAY, MARCH 4, 1983 2907 States, its territories, or possessions. Any amount subtracted pursuant to this subparagraph shall be reduced by any expenses directly attributable to the production of the interest or dividend income. (2) There shall be added to taxable income any taxes on, or mea sured by, net income or net profits paid or accrued within the taxable year imposed by the authority of the United States or any foreign coun try, or by any state, territory, county, school district, municipality, or other tax subdivision of any state, territory, or foreign country to the extent such taxes are deducted in determining federal taxable income. (3) No portion of any deductions or losses which occurred in a year in which the taxpayer was not subject to taxation in this state including, but not limited to, net operating losses may be deducted in any tax year. When the federal adjusted gross income or net income of a corporation includes such deductions or losses, an adjustment deleting them shall be made under rules established by the commissioner. The provisions of this subsection shall not prohibit the carry-over of any deductions or losses including, but not limited to, net operating losses of any taxpayer which were incurred in a year or years in which the taxpayer was subject to methods of taxation in this state other than the corporate income tax. (4) Income, losses, and deductions previously used in computing Georgia taxable income shall not again be used in computing Georgia taxable income. The commissioner shall provide for needed adjustments by regulation. (5) (A) Any gain not recognized pursuant to Section 337 of the In ternal Revenue Code of 1954 shall be recognized. To the extent that a corporation incurs a Georgia income tax liability by reason of the recog nition of the gains, the Georgia income tax liability attributable to the gains shall be allowed as a credit against the Georgia income tax liability of each common stockholder of the corporation in an amount which bears the same ratio to the Georgia income tax liability as the liquidation dis tribution received or receivable by the common stockholder bears to the liquidation distribution received or receivable by all common stockhold ers. The credit shall be allowable only in the taxable year or years of each stockholder in which the liquidation distribution is received and shall be limited to the amount of Georgia income tax liability, if any, of the stockholders for such year or years as computed before application of the credit provided by this Code section and before the application of any credits for withholding or estimated tax payments. (B) A corporation having a net gain which is not recognized for fed eral income taxation under Section 337 of the Internal Revenue Code of 1954 but which is added to Georgia taxable income under this chapter shall be allowed a deduction of one-half of the net gain but not more than one-half of the amount which would be treated under the Internal Revenue Code of 1954 as the excess of the net long-term capital gain for the taxable year over the net short-term capital loss for the year if it were not for Section 337 of the Internal Revenue Code of 1954. (6) When on the sale or exchange of real or tangible personal prop erty located in this state gain or loss is not recognized because the tax- 2908 JOURNAL OF THE SENATE payer receives or purchases similar property, the nonrecognition shall be allowed only when the property is replaced with property located in this state. (7) This article shall not be construed to repeal any tax exemptions contained in other laws of this state not referred to in this article. Those exemptions and the exemptions provided for by federal law and treaty shall be deducted on forms provided by the commissioner. (8) All elections made by corporate taxpayers under the Internal Revenue Code of 1954 shall also apply under this article except elections involving consolidated corporate returns and subchapter 'S' elections which shall be treated as follows: (A) (i) If two or more corporations file federal income tax returns on a consolidated basis and all of the corporations derive all of their in come from sources within this state, the corporations must file consoli dated returns for Georgia income tax purposes, affiliated corporations which file a consolidated federal income tax return but which derive in come from sources outside this state must file separate income tax re turns with this state unless they have prior approval or have been re quested to file a consolidated return by the department; and (ii) No depository financial institutions, as defined in Code section 48-6-20, shall be deprived of the benefit of any exemption, deduction, or credit authorized by this title as a consequence of its election to file oth erwise lawful consolidated returns with its parent organization or any corporate subsidiaries with respect to any state or local tax levied against such depository financial institution as a result of this title. (B) Subchapter 'S' elections apply only if all stockholders are sub ject to tax in this state on their portion of the corporate income. If all nonresident stockholders pay the Georgia income tax on their portion of the corporate income, the election shall be allowed. (9) There shall be subtracted from taxable income dividends re ceived by: (A) A corporation from sources outside the United States as defined in the Internal Revenue Code of 1954. The amount subtracted under this subparagraph shall be reduced by any expenses directly attributable to the dividend income; (B) Corporations from affiliated corporations within the United States, when the corporation receiving the dividends is engaged in busi ness in this state and is subject to the payment of taxes under the income tax laws of this state, to the extent that the dividends have been included in net income under this Code section. Dividends from affiliates shall be reduced by any expenses directly attributable to the dividend income. (10) Where a corporation's salary and wage deductions are reduced in computing federal taxable income because the corporation has taken a federal jobs tax credit which required, as a condition to using the federal jobs tax credit, the elimination of salary and wage deductions, the elimi- FRIDAY, MARCH 4, 1983 2909 nated salary and wage deductions shall be subtracted from taxable income. (11) There shall be a dollar-for-dollar credit against the state in come tax liability of depository financial institutions which shall be equal to the amount of taxes, if any, paid by such taxpayers pursuant to Code Section 48-6-93 and Code Section 48-6-95. If the liability of any such institutions under the taxes authorized by Code Section 48-6-93 and Code Section 48-6-95 exceeds the corporate income tax liability of such institution for any year, the amount of any unused credit under this Code section may be credited over a period of five years from the tax year in which the unused credit arose." Section 12. Said title is further amended by striking subsection (a) of Code Section 48-7-25, relating to organizations exempted from corporate income tax, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) The following organizations shall be exempt from taxation im posed by Code Section 48-7-21 unless the exemption is denied under sub section (b) or (c) of this Code section: (1) Those organizations described by Section 501(c), 501(d), 501(e), 664, or 401 of the Internal Revenue Code of 1954. Organizations described in this paragraph shall be exempt from taxation for state pur poses in the same manner and to the same extent as for federal purposes; and (2) Insurance companies which pay to the state a tax upon premium income." Section 13. Said title is further amended by striking Code Section 4813-71, relating to exemptions from corporate net worth tax, in its entirety and inserting in lieu thereof a new Code Section 48-13-71 to read as follows: "48-13-71. The following are exempt from the payment of the tax imposed by this article: (1) Those organizations not organized for pecuniary gain or profit; and (2) Insurance companies which are separately taxed." Section 14. The commissioner of the Department of Banking and Fi nance shall prepare a report during 1985 for submission to the Governor and the General Assembly analyzing the fiscal impact of this Act. Section 15. In the event that subsection (e) of Code Section 48-6-93 or paragraph (11) of subsection (b) of Code Section 48-7-21 is declared or adjudged invalid or unconstitutional, it is the intent of the General Assem bly that this entire Act also be held invalid and that the methods of taxation of subjects affected by this Act revert to those methods in force immediately prior to the effective date of this Act. In the event that any section, subsec tion, sentence, clause, or phrase of this Act other than those described above shall be declared or adjudged invalid or unconstitutional, such adjudication 2910 JOURNAL OF THE SENATE shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. Except as oth erwise provided in this section, the General Assembly declares that it would have passed the remaining parts of this Act if it had known that any part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 16. This Act shall become effective on January 1, 1984. Section 17. All laws and parts of laws in conflict with this Act are repealed. Senator Turner of the 8th moved that the Senate adopt the Conference Committee report on HB 440. 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 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 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 Tysinger Walker Those not voting were Senators: Allgood Brannon Brantley Coverdell English Harrison Howard Littlefield On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 440. FRIDAY, MARCH 4, 1983 2911 The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: 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. Senate Sponsors: Senators Trulock of the 10th and Tysinger of the 41st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Deal Dean Engram Fincher Foster Gillis Greene Harris Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Land McKenzie Peevy Perry Phillips Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker Those not voting were Senators: Allgood Brantley Coleman English Garner Harrison Hudgins Lester Littlefield McGill Scott of 2nd On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. 2912 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. 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: Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Timmons Turner Walker Those not voting were Senators: Allgood Barker Dean English Garner Hill Horton Lester Littlefield McKenzie Thompson Trulock Tysinger On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed. FRIDAY, MARCH 4, 1983 2913 The following bill of the Senate was taken up for the purpose of considering the Conference Committee report thereon: 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. The Conference Committee report on SB 154 was as follows: The Conference Committee on SB 154 recommends that both the Sen ate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to SB 154 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Jimmy Lester Senator, 23rd District /s/ Bill English Senator, 21st District /s/ Ed Barker Senator, 18th District FOR THE HOUSE OF REPRESENTATIVES: /s/ Cas M. Robinson Representative, 58th District /s/ E. Roy Lambert Representative, 66th District /s/ Rex A. Millsaps Representative, 61st District Conference Committee substitute to SB 154: A BILL TO BE ENTITLED AN ACT 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; to change notice require ments relating to certain rules; to clarify requirements relating to the experi ence necessary for certification; to provide a definition of good moral charac ter; to provide for the appointment of the Secretary of State as agent for service of process for nonresidents; to provide for the issuance of temporary permits; to delete certain requirements relating to notification and extension of time for compliance with licensing requirements; to delete the require ment for issuance of biennial inactive status licenses; to provide the forms of advertising and solicitation which shall be prohibited; to authorize the board to prohibit certain solicitation by rules or regulations; to delete the exception relating to the practice of accountancy by certified public accountants or public accountants who hold certificates, degrees, or licenses of another state or foreign country from temporarily and periodically practicing in this state; 2914 JOURNAL OF THE SENATE to correct certain references; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 3 of Title 43 of the Official Code of Georgia An notated, relating to accountants, is amended by striking Code Section 43-33, relating to the creation of the State Board of Accountancy, in its entirety and substituting in lieu thereof a new Code Section 43-3-3 to read as follows: "43-3-3. (a) There is created the State Board of Accountancy. (b) The board shall consist of seven members, to be appointed by the Governor with the approval of the Senate. Each member of the board shall be a resident of this state. Five members of the board shall be certi fied public accountants, and one member shall be a registered public ac countant, all of whom shall hold a permit to practice public accounting issued under Code Section 43-3-24. One member shall be appointed from the public at large and shall be a person to whom neither this state nor any other state has ever issued a certificate, registration, license, or per mit to engage in the practice of public accounting. (c) Each member of the board in office on July 1, 1982, shall remain in office until the expiration of his term and the appointment and ap proval of his successor. (d) Any appointment or reappointment of board members shall be for a period of four years. The remaining portion of any unexpired term shall be filled by appointment by the Governor with the approval of the the Senate. Upon the expiration of his term of office, a member shall continue to serve until his successor shall have been appointed and shall have qualified. (e) No member of the board shall serve as such for more than two terms, consecutive or otherwise; and, for purposes of calculating the number of terms served, the filling of an unexpired term or terms for a total of more than 30 calendar months shall be treated as the serving of a full term. (f) Any member of the board may be removed by the Governor for misconduct, incompetence, or neglect of duty. The membership on the board of any member whose permit to practice has expired and has not been renewed, has become void, or has been revoked or suspended shall be automatically terminated simultaneously with any such expiration, voiding, revocation, or suspension. (g) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2." Section 2. Said chapter is further amended by striking Code Section 43-3-6, relating to residency, age, and character requirements of certified public accountants, in its entirety and substituting in lieu thereof a new Code Section 43-3-6 to read as follows: FRIDAY, MARCH 4, 1983 2915 "43-3-6. (a) The certificate of 'certified public accountant' shall be granted by the board to any person: (1) Who has attained the age of 18; (2) Who is, in the opinion of the board, of good moral character; (3) Who meets the following requirements of education and experience: (A) Except as provided in subsection (b) of this Code section or subsection (a) of Code Section 43-3-7, the education requirement shall be the presentation to the board of such evidence as it may require that the applicant has received a baccalaureate degree or completed the re quirements therefor, conferred by a college or university accredited by a national or regional accrediting organization recognized by the board, with a concentration in accounting or what the board determines to be the substantial equivalent of the foregoing, or with a nonaccounting con centration supplemented by what the board determines to be the substan tial equivalent of an accounting concentration, including related courses in other areas of business administration; and (B) The experience requirement shall be two years' continuous expe rience in public accountancy immediately preceding the date of applica tion for the certificate or within a reasonable time prior to the date of such application as provided by the board by rule, provided that the board may promulgate rules stating certain circumstances which shall constitute acceptable breaks in the continuity of said experience, and pro vided, further, that the board may accept, in lieu of both of such years' experience in public accounting, evidence satisfactory to it of five years' continuous employment in the accounting field in industry, business, gov ernment, or college teaching; any combination of the above; or any com bination of the above and practice in public accountancy immediately preceding the date of application for the certificate or what the board determines to be the equivalent thereof; and provided, further, that any person certified as a certified public accountant under the laws of this state on July 1, 1977, shall be deemed to have the experience in the practice of public accountancy required by this subparagraph; and (4) Who shall have passed a written or oral examination, or both, in accounting, auditing, and such related subjects as the board deems appropriate. (b) The board, in its discretion, may waive the education require ment specified in paragraph (3) of subsection (a) of this Code section for any applicant, if it is satisfied, from the result of a special written exami nation given the applicant by the board to test his educational qualifica tion, that he is as well equipped educationally as if he met such educa tion requirement. (c) For the purposes of this Code section, 'good moral character' means fiscal integrity and a lack of any history of acts involving dishon esty or moral turpitude. For failure to satisfy this requirement, the board may refuse to certify an applicant where it finds that there is a substan tial connection between the lack of good moral character of the applicant 2916 JOURNAL OF THE SENATE and the professional responsibilities of a licensee and the finding by the board of a lack of good moral character is supported by clear and con vincing evidence. When an applicant is found to be unqualified for a cer tificate because of lack of good moral character, the board shall furnish the applicant a statement containing the findings of the board and a com plete listing of the evidence upon which the determination was based, and the applicant may request a hearing on that determination." Section 3. Said chapter is further amended by striking Code Section 43-3-7, relating to certified public accountants and the scope of examina tion, in its entirety and substituting in lieu thereof a new Code Section 43-37 to read as follows: "43-3-7. (a) The board may provide, by regulation, for the general scope of examinations described in paragraph (4) of subsection (a) of Code Section 43-3-6 and subsection (b) of Code Section 43-3-6 and may obtain such advice and assistance as it deems appropriate to assist it in preparing and grading such examinations. (b) The examinations described in paragraph (4) of subsection (a) of Code Section 43-3-6 and subsection (b) of Code Section 43-3-6 shall be held by the board and shall take place as often as the board shall determine to be desirable, but the examination described in paragraph (4) of subsection (a) of Code Section 43-3-6 shall be held at least twice each year. The board shall publish notice of the time and place of all examinations provided for in this Code section at least three consecutive days in daily newspapers of general circulation published in the three cities in this state with the largest population according to the United States decennial census of 1970 or any future such census. Any such notice shall be published at least 90 days prior to the examination to which it refers. (c) An applicant who has met the education requirement specified in paragraph (3) of subsection (a) of Code Section 43-3-6 or who expects to meet it within 120 days following the examination described in para graph (4) of subsection (a) of Code Section 43-3-6 or with respect to whom such education requirement has been waived in accordance with subsection (b) of Code Section 43-3-6 shall be eligible to take such ex amination without waiting until he meets the experience requirement if he also meets the requirements of paragraphs (1) and (2) of subsection (a) of Code Section 43-3-6. In the case of any applicant admitted to such examination on the expectation that he will meet the education require ment within 120 days, no certificate shall be issued, nor shall credit for the examination, Or any part of it, be given unless such requirement is in fact completed within that time or within such longer period of time as the board, in its discretion, may determine. (d) An applicant for the certificate of certified public accountant who has successfully completed the examination provided for in para graph (4) of subsection (a) of Code Section 43-3-6 shall have no status as a certified public accountant until he has the requisite education and experience and has received his certificate as a certified public accountant. FRIDAY, MARCH 4, 1983 2917 (e) The board, by regulation, may provide for granting a credit to any applicant for his satisfactory completion of an examination in any one or more of the subjects specified in paragraph (4) of subsection (a) of Code Section 43-3-6 given by the licensing authority in another state, provided that when such applicant took such examination he had no place of business in this state and, as an employee, was not regularly employed in this state. Such regulations shall include such requirements as the board deems appropriate to ensure that any examination approved as a basis for any such credit, in the judgment of the board, shall be at least as thorough as the most recent examination given by the board at the time of the granting of such credit. (0 The board, by regulation, may prescribe the time and conditions under which an applicant who passes, in one sitting, a portion of the examination provided for in paragraph (4) of subsection (a) of Code Sec tion 43-3-6 pertaining to at least two or more of the subjects indicated in such paragraph may be reexamined in only the remaining subjects, with credit for the subjects previously passed, provided that the entire exami nation must be passed in six consecutive attempts, including the initial sitting in which at least two parts of the examination were passed. (g) With respect to examinations, the board shall charge the appli cant a fee to be determined by the board, which fee shall be sufficient to pay for the cost of the examinations. (h) Application for certification by persons who are not residents of this state shall constitute the appointment of the Secretary of State as the agent for service of process in any action or proceeding against such applicant arising out of any transaction, activity, or operation connected with or incidental to the practice of public accounting in this state by nonresident holders of certified public accountant certificates." Section 4. Said chapter is further amended by striking subsection (a) of Code Section 43-3-8, relating to certified public accountants and the con ducting of oral examinations and the retention by joint-secretary of records of examinations, in its entirety and substituting in lieu thereof a new subsec tion (a) to read as follows: "(a) Any written examination described in paragraph (4) of subsec tion (a) of Code Section 43-3-6 and subsection (b) of Code Section 43-36 may be administered orally if the board determines that an applicant's physical handicap or other circumstances render him incapable of taking a written examination. Any applicant who desires to have an examination administered orally shall present to the board such evidence, as it deems appropriate, of the handicap or other circumstances necessitating such oral administration. Such evidence shall be submitted to the board at least 20 days prior to the date of examination." Section 5. Said chapter is further amended by striking Code Section 43-3-10, relating to the issuance of temporary certificates to certified public accountants by the board, in its entirety and substituting in lieu thereof a new Code Section 43-3-10 to read as follows: "43-3-10. In the event an applicant for a certificate as a certified public accountant meets all of the requirements for such a certificate, the 2918 JOURNAL OF THE SENATE board, in its discretion, may issue to him a temporary certificate as a certified public accountant. The temporary certificate shall be effective only until the board notifies him that his application for a certificate as a certified public accountant pursuant to Code Section 43-3-11 has been either granted or rejected. In no event shall a temporary certificate be in effect for more than three months after the date of its issuance. No fee shall be charged for such certificate." Section 6. Said chapter is further amended by striking Code Section 43-3-11, relating to certified public accountants and reciprocity with other states, in its entirety and substituting in lieu thereof a new Code Section 433-11 to read as follows: "43-3-11. The board, in its discretion, may waive the examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-6 and may issue a certificate as a certified public accountant to any person who possesses the qualifications specified in paragraphs (1) and (2) of subsection (a) of Code Section 43-3-6 and what the board determines to be the substantial equivalent of the qualifications under paragraph (3) of subsection (a) of Code Section 43-3-6 and who is a holder of a certificate as a certified public accountant, then in full force and effect, issued under the laws of another state, provided that the certificate held by such per son was issued after an examination which, in the judgment of the board, is the equivalent of the standard established by the board for examina tions administered pursuant to paragraph (4) of subsection (a) of Code Section 43-3-6; and provided, further, that such privileges are extended to citizens of this state by the state originally granting the certificate. Notwithstanding the foregoing, the examination provided for in para graph (4) of subsection (a) of Code Section 43-3-6 shall be waived by the board in the case of an applicant who has been engaged in public prac tice for a period of ten years in another state pursuant to authority issued by such state." Section 7. Said chapter is further amended by striking Code Section 43-3-13, relating to residency, age, and character requirements of registered public accountants, in its entirety and substituting in lieu thereof a new Code Section 43-3-13 to read as follows: "43-3-13. (a) The certificate of 'registered public accountant' shall be granted by the board to any person: (1) Who has attained the age of 18; (2) Who is, in the opinion of the board, of good moral character; (3) Who meets the following requirements of education and experience: (A) Except as provided in subsection (b) of this Code section or subsection (c) of Code Section 43-3-14, the education requirement shall be the presentation to the board of such evidence as it may require that the applicant has received a high school diploma or completed the re quirements therefor or what the board determines to be the substantial equivalent of the foregoing; FRIDAY, MARCH 4, 1983 2919 (B) The experience requirement shall be two years' continuous expe rience in public accountancy immediately preceding the date of applica tion for the certificate or within a reasonable time prior to the date of such application as provided by the board by rule, provided that the board may promulgate rules stating certain circumstances which shall constitute acceptable breaks in the continuity of said experience; and pro vided, further, that the board may accept, in lieu of both of such years' experience in public accounting, evidence satisfactory to it of five years' continuous employment in the accounting field in industry, business, gov ernment, or college teaching; any combination of the above; or any com bination of the above and practice in public accountancy immediately preceding the date of application for the certificate or what the board determines to be the equivalent thereof; and provided, further, that any person registered as a registered public accountant under the laws of this state on July 1, 1977, shall be deemed to have the experience in the practice of public accountancy required by this subparagraph; and (4) Who shall have passed a written or oral examination, or both, in accounting, auditing, and such related subjects as the board deems appropriate. (b) The board, in its discretion, may waive the education require ment specified in paragraph (3) of subsection (a) of this Code section for any applicant if it is satisfied, from the result of a special written exami nation given the applicant by the board to test his educational qualifica tion, that he is as well equipped educationally as if he met such educa tion requirement. (c) For the purposes of this Code section, 'good moral character' means fiscal integrity and a lack of any history of acts involving dishon esty or moral turpitude. For failure to satisfy this requirement, the board may refuse to certify an applicant where it finds that there is a substan tial connection between the lack of good moral character of the applicant and the professional responsibilities of a licensee and the finding by the board of a lack of good moral character is supported by clear and con vincing evidence. When an applicant is found to be unqualified for a cer tificate because of lack of good moral character, the board shall furnish the applicant a statement containing the findings of the board and a com plete listing of the evidence upon which the determination was based, and the applicant may request a hearing on that determination. Section 8. Said chapter is further amended by striking Code Section 43-3-14, relating to registered public accountants and the scope of examina tion, in its entirety and substituting in lieu thereof a new Code Section 43-314 to read as follows: "43-3-14. (a) The board may provide, by regulation, for the general scope of examinations described in paragraph (4) of subsection (a) of Code Section 43-3-13 and subsection (b) of Code Section 43-3-13 and may obtain such advice and assistance as it deems appropriate to assist it in preparing and grading such examinations. (b) The examinations described in paragraph (4) of subsection (a) of Code Section 43-3-13 and subsection (b) of Code Section 43-3-13 2920 JOURNAL OF THE SENATE shall be held by the board and shall take place as often as the board shall determine to be desirable, but the examination described in paragraph (4) of subsection (a) of Code Section 43-3-13 shall be held at least twice each year. The board shall publish notice of the time and place of all examinations provided for in this Code section at least three consecutive days in daily newspapers of general circulation published in the three cities in this state with the largest population according to the United States decennial census of 1970 or any future such census. Any such notice shall be published at least 90 days prior to the examination to which it refers. (c) An applicant who has met the education requirement specified in paragraph (3) of subsection (a) of Code Section 43-3-13 or who expects to meet it within 120 days following the examination described in para graph (4) of subsection (a) of Code Section 43-3-13 or with respect to whom such education requirement has been waived in accordance with subsection (b) of Code Section 43-3-13 shall be eligible to take such ex amination without waiting until he meets the experience requirement if he also meets the requirements of paragraphs (1) and (2) of subsection (a) of Code Section 43-3-13. In the case of any applicant admitted to such examination on the expectation that he will meet the education re quirement within 120 days, no certificate shall be issued, nor shall credit for the examination, or any part of it, be given unless such requirement is in fact completed within that time or within such longer period of time as the board, in its discretion, may determine. (d) An applicant for the certificate of registered public accountant who has successfully completed the examination provided for in para graph (4) of subsection (a) of Code Section 43-3-13 shall have no status as a registered public accountant until he has the requisite education and experience and has received his certificate as a registered public accountant. (e) The board, by regulation, may provide for granting a credit to any applicant for his satisfactory completion of an examination in any one or more of the subjects specified in paragraph (4) of subsection (a) of Code Section 43-3-13 given by the licensing authority in another state, provided that when such applicant took such examination he had no place of business in this state and, as an employee, was not regularly employed in this state. Such regulations shall include such requirements as the board deems appropriate to ensure that any examination approved as a basis for any such credit, in the judgment of the board, shall be at least as thorough as the most recent examination given by the board at the time of the granting of such credit. (f) The board, by regulation, may prescribe the time and conditions under which an applicant who passes, in one sitting, a portion of the examination provided for in paragraph (4) of subsection (a) of Code Sec tion 43-3-13 pertaining to at least two or more of the subjects indicated in such paragraph may be reexamined in only the remaining subjects, with credit for the subjects previously passed, provided that the entire examination must be passed in ten consecutive attempts, including the initial sitting in which at least two parts of the examination were passed. FRIDAY, MARCH 4, 1983 2921 (g) With respect to examinations, the board shall charge the appli cant a fee to be determined by the board, which fee shall be sufficient to pay for the cost of the examinations. (h) Application for certification by persons who are not residents of this state shall constitute the appointment of the Secretary of State as the agent for service of process in any action or proceeding against such applicant arising out of any transaction, activity, or operation connected with or incidental to the practice of public accounting in this state by nonresident holders of registered public accountant certificates." Section 9. Said chapter is further amended by striking subsection (a) of Code Section 43-3-15, relating to registered public accountants and the conducting of oral examinations and the retention by the joint-secretary of records of examinations, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: "(a) Any written examination described in paragraph (4) of subsec tion (a) of Code Section 43-3-13 may be administered orally if the board determines that an applicant's physical handicap or other circumstances render him incapable of taking a written examination. Any applicant who desires to have an examination administered orally shall present to the board such evidence, as it deems appropriate, of the handicap or other circumstances necessitating such oral administration. Such evi dence shall be submitted to the board at least 20 days prior to the date of examination." Section 10. Said chapter is further amended by striking Code Section 43-3-17, relating to the issuance of temporary certificates to registered pub lic accountants by the board, in its entirety and substituting in lieu thereof a new Code Section 43-3-17 to read as follows: "43-3-17. In the event an applicant for a certificate as a registered public accountant meets all of the requirements for such a certificate the board, in its discretion, may issue to him a temporary certificate as a registered public accountant. The temporary certificate shall be effective only until the board notifies him that his application for a certificate as a registered public accountant pursuant to Code Section 43-3-18 has been either granted or rejected. In no event shall a temporary certificate be in effect for more than three months after the date of its issuance. No fee shall be charged for such certificate." Section 11. Said chapter is further amended by striking Code Section 43-3-18, relating to registered public accountants and reciprocity with other states, in its entirety and substituting in lieu thereof a new Code Section 433-18 to read as follows: "43-3-18. The board, in its discretion, may waive the examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-13 and may issue a certificate as a registered public accountant to any per son who possesses the qualifications specified in paragraphs (1) and (2) of subsection (a) of Code Section 43-3-13 and what the board determines to be the substantial equivalent of the qualifications under paragraph (3) of subsection (a) of Code Section 43-3-13 and who is a holder of a certif icate as a registered public accountant, then in full force and effect, is- 2922 JOURNAL OF THE SENATE sued under the laws of another state, provided that the certificate held by such person was issued after an examination which, in the judgment of the board, is the equivalent of the standard established by the board for examinations administered pursuant to paragraph (4) of subsection (a) of Code Section 43-3-13; and provided, further, that such privileges are extended to citizens of this state by the state originally granting the certificate." Section 12. Said chapter is further amended by striking Code Section 43-3-24, relating to issuance of permits to qualified individuals and profes sional corporations to practice public accountancy, in its entirety and substi tuting in lieu thereof a new Code Section 43-3-24 to read as follows: "43-3-24. (a) A permit to engage in the practice of public account ancy in this state shall be issued by the joint-secretary, at the direction of the board, to each person who is certificated as a certified public account ant under Code Sections 43-3-6 through 43-3-12, registered as a public accountant under Code Sections 43-3-13 through 43-3-19, or registered as a foreign accountant under Code Section 43-3-20 who shall have fur nished evidence, satisfactory to the board, of compliance with the re quirements of Code Section 43-3-25, and to individuals, partnerships, professional associations, and professional corporations registered under Code Section 43-3-21 or 43-3-22, provided that all offices of such certifi cate holder or registrant are maintained and registered as required under Code Section 43-3-23. There shall be a biennial permit fee in an amount to be determined by the board. (b) For the purpose of enabling persons, partnerships, professional associations, or professional corporations licensed in other states to per form specific professional engagements involving the practice of public accounting in this state, the board shall grant temporary permits to prac tice to persons, partnerships, professional associations, or professional corporations who make application and demonstrate their qualifications therefor in accordance with the following provisions: (1) An applicant for a temporary permit under this subsection shall show that he is duly licensed and authorized to practice as a certified public accountant or as a partnership, professional association, or profes sional corporation of certified public accountants or the equivalent in an other state or as a registered public accountant or as a partnership or professional association of registered public accountants or the equivalent in another state and shall give the name of each person who will be en gaged in the practice of public accounting in this state in the perform ance of the professional engagement which is the subject of the application; (2) The board shall charge a fee for each application for issuance or renewal of a temporary permit under this subsection, in an amount to be determined by the board by rule, for each applicant and for each person who is to engage in the practice of public accounting in this state under the permit; (3) A temporary permit issued under this Code section shall be lim ited to the single specific professional engagement which is the occasion FRIDAY, MARCH 4, 1983 2923 for the application for a permit; it shall name each person who is to en gage in the practice of public accounting in this state pursuant to such engagement; and it shall be valid for no more than 90 days after its issuance; (4) An application for a temporary permit under this subsection shall constitute the appointment of the Secretary of State as the appli cant's agent upon whom process may be served in any action or proceed ing against the applicant arising out of any transaction or operation con nected with or incidental to the performance of the professional engagement for which the temporary permit was issued; and (5) No temporary permit shall be issued to, or with respect to the performance of services by, any person who is a resident of this state." Section 13. Said chapter is further amended by striking Code Section 43-3-26, relating to the extension of time for compliance with licensing re quirements, which reads as follows; "43-3-26. The failure of the board to provide timely notification by certified mail to holders of live certificates of changes in the requirements for maintenance of such live certificates shall be regarded by the board as sufficient cause for extending the period for compliance with such re quirements by a period of 12 months.", in its entirety. Section 14. Said chapter is further amended by striking Code Section 43-3-27, relating to biennial inactive status licenses, which reads as follows: "43-3-27. The board shall issue biennial inactive status licenses to applicants who, except for the requirement for continuing professional education, would qualify for biennial permits to practice.", in its entirety. Section 15. Said chapter is further amended by adding new subsec tions (h) and (i) at the end of Code Section 43-3-35, relating to the use of terms "certified public accountant" and "public accountant" generally, to read as follows: "(h) A licensee shall not use or participate in the use of any form of public communication having reference to his professional services which contains a false, fraudulent, misleading, deceptive, or unfair statement or claim. A false, fraudulent, misleading, deceptive, or unfair statement or claim includes but is not limited to a statement or claim which: (1) Contains a misrepresentation of fact; (2) Is likely to mislead or deceive because it fails to make full dis closure of relevant facts; (3) Contains any testimonial, laudatory, or other statement or impli cation that the licensee's professional services are of exceptional quality, if not supported by verifiable facts; 2924 JOURNAL OF THE SENATE (4) Is intended or likely to create false or unjustified expectations of favorable results; (5) Implies educational or professional attainments or licensing rec ognition not supported in fact; (6) States or implies that the licensee has received formal recogni tion as a specialist in any aspect of the practice of public accounting, except in accordance with rules adopted by the board; (7) Represents that professional services can or will be completely performed for a stated fee when this is not the case or makes representa tions with respect to fees for professional services that do not disclose all variables that may reasonably be expected to affect the fees that will in fact be charged; or (8) Contains other representations or implications that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived. (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." Section 16. Said chapter is further amended by striking Code Section 43-3-36, relating to exceptions, in its entirety and substituting in lieu thereof a new Code Section 43-3-36 to read as follows: "43-3-36. (a) Nothing contained in this chapter shall prohibit any person who is not a certified public accountant or public accountant from serving as an employee of or an assistant to a certified public accountant or public accountant or partnership, professional association, or profes sional corporation of certified public accountants or public accountants holding a live permit or a foreign accountant registered under Code Sec tion 43-3-20 and holding a live permit, provided that such employee or assistant shall not issue or attest to any accounting or financial statement over his name. (b) Nothing contained in this chapter shall prohibit any person from offering to perform or performing for the public, for compensation, any of the following services: (1) The recording of financial transactions in books of record; (2) The making of adjustments of such transactions in books of record; (3) The making of trial balances from books of record; (4) Internal verification and analysis of books of accounts of original entry; (5) The preparation of unaudited financial statements, schedules, or reports; (6) The devising and installing of systems or methods of bookkeep- FRIDAY, MARCH 4, 1983 2925 ing, internal controls of financial data, or the recording of financial data; or (7) The preparation of tax returns and related forms." Section 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 18. All laws and parts of laws in conflict with this Act are repealed. Senator Allgood of the 22nd moved that the Senate adopt the Conference Com mittee report on SB 154. On the motion, 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 Cobb Coggin Coleman Deal Dean English Engram Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Lester Littlefield McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Walker Those not voting were Senators: Allgood Bowen Burton Coverdell Dawkins Fincher Harrison Land Starr Tysinger On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 154. 2926 JOURNAL OF THE SENATE 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 reso lution of the Senate: SR 261. By Senators Kennedy of the 4th and Allgood of the 22nd: A resolution relative to adjournment. His Excellency, Governor Joe Frank Harris, entered the Senate Chamber and briefly addressed the Senate. 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 reso lution of the House: HR 434. By Representative Lee of the 72nd: A resolution relative to adjournment. The following resolution of the House was read and put upon its adoption: HR 434. By Representative Lee of the 72nd: A resolution relative to adjournment by the General Assembly sine die at 7:30 o'clock P.M. on March 4, 1983. Senators Allgood of the 22nd and Kennedy of the 4th offered the following amendment: Amend HR 434 by striking "7:30" and inserting "8:00". On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted. On the adoption of the resolution, the yeas were 38, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. FRIDAY, MARCH 4, 1983 2927 The following bill was taken up for the purpose of considering the Second Confer ence Committee report thereon: 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 or 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. The Second Conference Committee report on HB 532 was as follows: The Conference Committee on HB 532 recommends that both the Sen ate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 532 be adopted. Respectfully submitted, FOR THE SENATE: /s/ John C. Foster Senator, 50th District /s/ Terrell Starr Senator, 44th District /s/ Nathan Dean Senator, 31st District FOR THE HOUSE OF REPRESENTATIVES: /s/ Ben Barron Ross Representative, 82nd District /s/ W. R. Phillips Representative, 93rd District /s/ Earleen W. Sizemore Representative, 136th District Conference Committee substitute to HB 532: A BILL TO BE ENTITLED AN ACT 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; to remove the total local funding authorized for capital outlay projects; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 20-2-250 of the Official Code of Georgia An notated, relating to capital outlay funds for educational facilities, is amended by striking therefrom paragraph (5) of subsection (c) in its en tirety and substituting in lieu thereof a new paragraph (5) to read as follows: 2928 JOURNAL OF THE SENATE "(5) To develop a state-wide needs assessment for purposes of plan ning and developing policies, anticipating state-wide needs for educa tional facilities, and providing assistance to local units in developing edu cational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the De partment of Human Resources, census data published by the Bureau of the Census, local unit educational facilities and real property inventories, educational facilities surveys, average daily attendance projection re search, and educational facilities construction plans and shall reflect the demand areas for capital outlay. In addition, the State Board of Educa tion shall develop a consistent, systematic research approach to average daily attendance projections which will be used in the development of needs within each local unit, but such projections shall not be confined to resident pupils in average daily attendance but shall be based on average daily attendance which includes nonresident pupils, whether or not such nonresident pupils attend school pursuant to a contract between local units of administration. The nonresident projection shall be the most recent five-year ADA average. The survey team will use such projections in determining the improvements needed for the five-year planning pe riod. The state board shall also develop schedules for allowable square footage and cost per square foot. The cost estimate for each recom mended improvement included in the plan shall be based on these sched ules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsi bility of the local unit and shall not count toward present or future re quired local participation;". Section 2. Said Code section is further amended by striking therefrom paragraph (4) of subsection (h) in its entirety and inserting in lieu thereof a new paragraph (4) of subsection (h) to read as follows: "(4) In order to determine the amount of state funds to be requested for a given fiscal year, total new and accrued entitlements must be com pared to the state portion of the current cost estimates of the projects approved in the educational facilities plan in priority order. The above comparison shall be made for each of the incremental entitlement levels required in paragraph (1) of this Code section. In the event that projects requested for funding exceed the total state entitlements and required local participation, local units may elect to contribute additional local funding. Local funds contributed in excess of required local participation may be credited toward required local participation in subsequent years, provided that the requested state appropriation for this subsection shall not exceed $100 million annually and, if necessary, the new entitlement level shall be reduced to comply with this limitation." 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 Second Conference Committee report on HB 532. FRIDAY, MARCH 4, 1983 2929 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 Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Kennedy Kidd 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 Fincher Land Brannon Hudgins On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate adopted the Second Conference Committee report on HB 532. 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 March 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 have registered in the Docket of Legislative Appearance for the 1983 Regu- 2930 JOURNAL OF THE SENATE lar Session as of 3:00 P.M. on March 4, 1983. The list is numbered 568 through 571. 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 568 through 571, who have registered in the Docket of Legisla tive Appearance as of March 4, 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 4th day of March, 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 568. Mark D. Jarrett Citizens Concerned 1275 Timberland Drive, S.E. Marietta, Georgia 30067 569. Les Kertay Georgia Wholistic Practitioners 2051 LaVista Road, N.E. Atlanta, Georgia 30329 570. Bill Cppeland Georgia Rehabilitation Counselors Assn. 2251 Perimeter Parkway, Suite 13 Chamblee, Georgia 30341 571. Richard Guthman, Jr. National Bank of Georgia P.O. Box 1234 Atlanta, Georgia 30301 FRIDAY, MARCH 4, 1983 2931 The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has agreed to the Senate substitutes to the following bills of the House: HB 570. By Represenatives 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 715. By Representatives Thomas of the 69th, Johnson of the 70th and Shepard of the 71st: A bill to amend an Act creating the office of commissioner of Carroll County, so as to change the compensation of the commissioner of Carroll County. HB 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 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 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 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. 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. 2932 JOURNAL OF THE SENATE HB 458. By Represenatives 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 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." The House has agreed to the Senate amendments to the following bills of the House: 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. 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. 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 836. By Representatives Hirsch of the 96th, Buck of the 95th, Galer of the 97th and others: A bill to amend an Act establishing the Municipal Court of Columbus, so as to provide for an increase in civil jurisdiction; to provide for the salaries of the judge, clerk, and marshal of said court. 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. FRIDAY, MARCH 4, 1983 2933 HB 813. By Representative Isakson of the 21st: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the county supplement for the district attorney. The House has adopted the reports of the Committees of Conference on the fol lowing 'ills 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 Anno tated, relating to sexual offenses, so as to define the crime of sexual assault; to define other terms; to provide penalties. 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 House has adopted the reports of the Committees of Conference on the fol lowing bills of the House: 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. HB 245. By Representatives Shepard of the 71st, Johnson of the 70th, Parham of the 108th 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 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. 2934 JOURNAL OF THE SENATE 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 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. The House has passed by the requisite constitutional majority the following bills of the Senate: 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. 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. 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 men of said city. 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. 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 FRIDAY, MARCH 4, 1983 2935 from the full body of council by majority vote of all members of council; to provide for filling a vacancy of the presidency. SB 303. By Senator Barnes of the 33rd: A bill to amend an Act known as the "South Cobb Development Authority Act," so as to provide for the enlargement of the South Cobb Development Area. SB 305. By Senators Phillips of the 9th and Peevy of the 48th: A bill to amend an Act providing for districts for the election of the Board of Education of Gwinnett County, as amended, so as to change the compen sation of the board and provide for expense allowances. SB 306. By Senator Engram of the 34th: A bill to provide for the Magistrate Court of Fayette County; to state legis lative intent. SB 307. By Senator Brannon of the 51st: A bill to amend an Act providing for the office of Commissioner of Gordon County, as amended, so as to change the provisions relative to the county administrator. 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. 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 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 308. By Senator Coggin of the 35th: A bill to create and establish the East Point Building Authority, a body corporate and politic and an instrumentality of the State of Georgia. 2936 JOURNAL OF THE SENATE 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 House has adopted the following resolution of the Senate: SR 140. By Senators McGill of the 24th, English of the 21st and Walker of the 19th: A resolution urging the United States Congress and the United States Sec retary of Agriculture to remove the assessment on milk. The House has agreed to the Senate amendment to the House substitute to the following bill of the Senate: SB 121. By Senators Greene of the 26th, Lester 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 a Health Policy Council. The House has receded from its amendment to the following bill 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. The House has agreed to the Senate substitutes to the following bills of the House: 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 of recogni zance, so as to repeal certain provisions relating to institution of forfeiture proceedings generally. 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. FRIDAY, MARCH 4, 1983 2937 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. The House has adopted the reports of the Committees of Conference on the fol lowing bills of the House and Senate: 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. 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. 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 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. 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. 2938 JOURNAL OF THE SENATE 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. 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. 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 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 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 House has adopted the report of the Second Committee of Conference on the following bill of the House: 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. FRIDAY, MARCH 4, 1983 2939 The House has agreed to the Senate substitute to the following resolution of the House: HR 292. By Representatives Ginsberg of the 122nd and Hamilton of the 24th: A resolution creating the Chatham County Hospital Authority Study Commission. The House has agreed to the Senate amendment to the following resolution of the House: HR 434. By Representative Lee of the 72nd: A resolution relative to adjournment. The following report of the Committee on Enrolling and Journals was read by the Secretary: Mr. President: The Committee on Enrolling and Journals has read and examined the following Senate bills and resolutions and has instructed me to report the same back to the Sen ate as correct and ready for transmission to the Governor: SB 124. SB 1. SB 5. SB 11. SB 65. SB 70. SB 89. SB 105. SB 110. SB 111. SB 140. SB 160. SB 168. SB 183. SB 218. SB 233. SB 133. SB 155. SB 8. SB 13. SB 83. SB 84. SB 136. SB 137. SB 161. SB 171. SB 178. SB 180. SB 182. SB 184. SB 188. SB 210. SB 249. SB 260. SB 264. SB 265. SB 266. SB 169. SB 212. SB 225. SB 278. SB 280. SB 293. SB 295. SB 296. SB 2. SB 21. SB 32. SB 45. SB 72. SB 81. SB 146. SB 190. SB 193. SB 195. SB 200. SB 242. SB 251. SB 256. SB 268. SB 270. SB 276. SB 147. SB 41. SB 59. SB 73. SB 121. SB 132. SB 154. SB 162. SB 163. SB 165. SB 189. SB 194. SB 204. SB 207. SB 208. SB 211. SB 255. SB 262. SB 269. SB 279. SB 287. SB 288. SB 301. SB 42. SB 56. SB 69. SB 123. SB 173. SB 199. SB 206. SB 215. SB 237. SB 241. SB 253. 2940 JOURNAL OF THE SENATE SB 273. SB 274. SB 277. SB 283. SB 294. SB 30. SB 40. SB 96. SB 102. SB 113. SB 196. SB 239. SB 31. SB 130. SB 151. SB 176. SB 220. SB 221. SB 289. SB 299. SB 300. SB 302. SB 303. SB 305. SB 306. SB 307. SB 308. SB 91. SR 6. SR 11. SR 49. SR 79. SR 111. SR 83. SR 89. SR 112. SR 121. Respectfully submitted, /s/ Ed Barker, Chairman Senator, District 18 Serving as doctor of the day today was Dr. Joel D. Todino of Rome, Georgia. The President announced at 7:58 o'clock P.M. that, pursuant to the provisions of HR 434, the Senate would now stand adjourned sine die. Senate Journal Index Regular Session INDEX 2943 PART I SENATE BILLS AND RESOLUTIONS SB 1--Malt Beverages; distribution ........ 39, 105, 282, 304, 459, 629, 2939 SB 2--Motor Vehicle with Non-Transparent Glass; when apprehended by police ....... 39, 85, 106, 285, 2021, 2080, 2939 SB 3--False Report of Crime; change provisions on offense..... 39, 64, 77, 88 SB 4--Alcoholic Beverage Sale, Consumption; change age requirements ..................... 39, 298, 469, 477, 484 SB 5--State Board of Pardons and Parole; limits on parole for 2nd time offense where life may be imposed ... 40, 300, 469, 477, 485, 1240, 1266, 2939 SB 6--Controlled Substances; forfeiture of moneys to facilitate violations .......................... 40, 300, 469, 477, 487 SB 7--Auto Insurance Policy; prohibit certain actions on mere involvement in accident ...................... 40, 564, 599, 641, 642 SB 8--Driver's License; eliminate duplications by Public Safety Department ........ 40, 64, 77, 88, 89, 97, 109, 268, 1554, 1713, 2939 SB 9--Hitchhikers; where a person may stand ............. 40, 64, 77, 88, 91, 720, 763, 768 SB 10--Marijuana and Controlled Substance Forfeiture; burden of proof .............................................. 41 SB 11--Medical Bill Evidence; which may be identified....................... 41, 77, 86, 109, 265, 558, 575, 2939 SB 12--State Employees; adverse actions, limitations on Personnel Board ................................. 41 SB 13--Police Dog; unlawful to destroy or cause physical injury .. 41, 56, 281, 300, 477, 542, 570, 578, 792, 821, 1527, 1529, 1589, 1956, 2023, 2939 SB 14--Police Training, Employment; define police dog ................ 41, 57, 281, 301, 477, 542, 570, 579 SB 15--Telephone Calls; in same county; referendum for no tolls ........ 41 SB 16--Election; unopposed candidate name arrangement ............. 42, 756 SB 17--Emergency Telephone No. 911; multijurisdictional, regional toll free............................. 42 SB 18--Public Service Commission; temporary rate schedules ................. 42, 300, 469, 477, 542, 543 SB 19--Sales, Use Tax; remove provisions on estimated tax liability ...................... 42 SB 20--Crime of Murder; life without parole as alternate punishment....................... 42 SB 21--Superior Court Clerk; change provisions on storage of records ........... 42, 537, 565, 603, 612, 2415, 2435, 2939 SB 22--Criminal Trials; equalize number of peremptory challenges to jurors ............... 43 SB 23--Stolen Motor Vehicle; no storage fees when recovered ........... 43, 798, 838, 912, 970, 1008 SB 24--Motor Vehicle Parts, Salvage Dealers; certain records public .......................... 43 SB 25--Small Appliance Batteries; prohibit sale when not dated by manufacturer ................ 43, 104 SB 26--Time Period Ordered by Court; exclude Saturdays, Sundays, legal holidays.......... 43, 63, 77, 88, 91 2944 INDEX SB 27--Involuntary Patient; courts may hospitalize not over 12 months ..................... 43 SB 28--Veterans Administration Patients; transfer ....................... 44 SB 29--Appointment of Guardians; change procedure .................... 44 SB 30--Legislative Services Committee; composition ..................... 44, 676, 720, 763, 770, 2020, 2940 SB 31--Probate Court Costs; change for certain services .......... 52, 281, 301, 477, 542, 570, 581, 2076, 2940 SB 32--Probate Court Judges; minimum salaries. ............... 52, 281, 301, 477, 542, 570, 582, 2022, 2067, 2130, 2133, 2188, 2315, 2618, 2939 SB 33--Senate Members; reports on legislative expenditures .............................. 52 SB 34--Hospitals; no payment to Radiologists until hospital reimbursed .............. 52 SB 35--Baldwin County; interest on unpaid ad valorem tax ................... 53, 76, 86, 106 SB 36--State Officers, Employees; engage in political activities certain conditions ....................... 53, 299, 469, 477, 542, 552 SB 37--Teachers Retirement; credit for service in certain foreign countries ..................... 53 SB 38--Garnishment; not exceed amount shown on summons ......... 53, 798, 838, 911, 938 SB 39--Statutory Rape; change age definition ........................... 53 SB 40--Crime of Sexual Assault; define .................. 54, 636, 676, 722, 726, 2076, 2092, 2188, 2288, 2348, 2433, 2933, 2940 SB 41--Inmates Employed in Correctional Industries; no compensation ................. 54, 564, 599, 641, 643, 1736, 2939 SB 42--Employees' Retirement; Federal State Snipping Point Inspection Service ................ 54, 564, 599, 641, 644, 2020, 2939 SB 43--Counsel for Public Officials, Agencies; include sheriffs......................... 54, 63, 78, 88, 92, 109, 268 SB 44--Criminal Cases; time limit for filing pretrial matters .............. 54 SB 45--Crimes Involving Bad Checks; change penalty.......... 54, 300, 469, 477, 542, 554, 2022, 2070, 2939 SB 46--Sexual Exploitation of Child; change minor to under 16 years of age .......................... 55 SB 47--Material Depicting Child Engaged in Sexual Conduct; distribution .................................................. 55 SB 48--Gasoline Refiner, Producer; prohibit opening retail service station............................ 55 SB 49--Coroners; change bond and surety requirement . . 55, 282, 301, 477, 483 SB 50--Coroner's Training Council; create ........................ 55, 282, 301, 477, 484, 676, 722, 727 SB 51--State Patrol on Interstates; primary responsibility of Uniform Division ....................... 55 SB 52--Sexual Assault; define crime ................................... 56 SB 53--Travelers' Convenience Act; provide. ........... 59, 598, 637, 681, 682 SB 54--Service Station Operator; prohibit surcharge when honoring credit card..................... 59 SB 55--Service Station; pump gas for handicapped at self-serve ............ 60 SB 56--Workers' Compensation; certified information to injured workers on rights. ............ 60, 299, 470, 477, 542, 570, 571, 2826, 2833, 2939 SB 57--Workers' Compensation; change compensation for vocational rehabilitation ................. 60 INDEX 2945 SB 58--Workers' Compensation; records on previous cases available to employers ................... 60, 1059, 1119, 1261, 1294 SB 59--Auto Safety Restraints for Child; under 3, parents responsible ...... 60, 105, 282, 304, 476, 477, 2076, 2160, 2939 SB 60--Certified Civil Cases in Superior Courts; 70 years old ............................ 61, 1059, 1119, 1261, 1289 SB 61--Traffic Offenses; changing, modifying judgments ................ 61, 473, 538, 570, 589 SB 62--Teachers Retirement; those not eligible for local retirement system ..................... 61 SB 63--Former Members of General Assembly; local pension plan ....................... 61, 105, 283, 304, 476, 480 SB 64--Special Education Programs; grant program to local schools ....... 61, 281, 301, 477, 542, 570, 585 SB 65--Commissioner of Transportation; modify term of office ......... 62, 106, 283, 304, 476, 482, 1554, 2939 SB 66--Persons Convicted of Crimes; not in local prison while on appeal............. 62, 564, 599, 641, 648 SB 67--Jury Duty; judge's exemptions and peremptory challenges .............. 62, 282, 301, 477, 542, 570, 586 SB 68--Electronic Data Processing Review Committee; create ............. 62 SB 69--Criminal Case; change grounds for new trial ........ 62, 474, 538, 570, 602, 603, 2415, 2441, 2939 SB 70--Criminal, Traffic Fines; additional for training policemen ....... 62, 474, 570, 602, 604, 1112, 1204, 2939 SB 71--Claims Against Estate; change provisions on priority .............. 63 SB 72--County Tax Commissioner, Collector, Receiver; Retirement system................ 63, 757, 799, 845, 884, 2020, 2939 SB 73--Superior Court Clerks; change retirement provisions ............... 73, 564, 599, 641, 659, 682, 701, 2195, 2939 SB 74--Telephone Service in New Subdivision; PSC authorize company ....................................... 73 SB 75--Selling Flashing, Revolving Colored Lights; certain information to law enforcement agencies .................. 73 SB 76--Child Custody; child's right to select parent at 12 ............. 73, 537, 565, 603, 613 SB 77--Cobb County; annexation of city property. .......... 73, 105, 283, 302 SB 78--Superior Court Judges; change procedure for review of sentences ....... 74, 598, 637, 681, 685 SB 79--Campaign Contributions and Expenditures; provide for lawful uses ....................... 74, 636, 676, 722, 730 SB 80--Superior Court Judges' Retirement; creditable service ............. 82 SB 81--Employees' Retirement; when employees of county probation system part of state-wide. ........................... 82, 964, 1060, 1132, 1134, 2021, 2418, 2724, 2741, 2826, 2889, 2938, 2939 SB 82--County Employee Becoming Employee of Offender Rehabilitation; no termination .......................................... 82, 304 SB 83--Motor Common Carriers; collective rate-making procedures ........ 82, 300, 470, 477, 542, 570, 572, 1554, 1578, 2939 SB 84--Court of Record; documents prepared on letter-size paper................... 82, 300, 470, 477, 542, 570, 574, 1554, 2939 SB 85--Corporations; may be sued for torts, injuries in county originating ........................... 83, 537, 565, 603, 614 2946 INDEX SB 86--Tort Actions; recovery for wrongful death of spouse, parent .................... 83 SB 87--Tort Actions; recovery of punitive damages in wrongful death ...... 83 SB 88--Damages Caused by Intoxication; liability of person selling for consumption ............................. 83, 564, 599, 641, 648 SB 89--State Revenue Commissioner and Deputy; change qualifications....... 83, 282, 301, 477, 542, 570, 587, 793, 2939 SB 90--Railroad Cars Operated at Night; equip with reflective material .................................. 83 SB 91--State Officers, Employees; may instruct evening sports, recreation courses ........... 84, 282, 302, 477, 542, 570, 588, 2687, 2830, 2940 SB 92--District Attorneys; change salary provisions .......................... 84, 109, 757, 799 SB 93--Behavioral Science Practitioners; regulate . . . 100, 963, 1061, 1133, 1180 SB 94--Public Retirement Systems Standards Law; provide .............. 100 SB 95--Public Retirement Systems Standards Law; provide .............. 100 SB 96--District Attorneys Emeritus; practicing law while serving ......... 100, 756, 800, 845, 891, 2827, 2855, 2936, 2940 SB 97--Public Safety Department; Uniform Division, costs, emoluments, compensation. .............. 100 SB 98--Marriage License Blood Tests; delete certain tests ......................... 101, 597, 637, 681, 689 SB 99--Arrest; uniform violation citation complaint form certified offenses............................... 101 SB 100--Certified Offers by Financial Institution; notice of revocation .......................................... 101 SB 101--Abandoned Motor Vehicle; change provisions of unattended, abandoned ....................... 101, 1117, 1250, 1342, 1425, 1445 SB 102--Institutional License to Practice Medicine; prohibit or renew certain ones .................... 101, 597, 637, 681, 692, 2935, 2940 SB 103--Driving Under Influence of Alcohol or Drugs; penalties, change of charges ...................... 101, 1117, 1250, 1425, 1444 SB 104--Student Loans; nursing students eligible ........................ 102 SB 105--Fulton County Probate Court Judge; nonpartisan nomination, election ............................. 102, 299, 470, 475, 1050, 2939 SB 106--Hunting Accidents; penalties, liability if person responsible was negligent .................... 275, 537, 565, 603, 615 SB 107--Habeas Corpus Writs; provisions for transfer of petition to superior court................................... 275 SB 108--Criminal Procedure; appeal bonds, provisions ................. 275, 1117, 1251, 1342, 1366 SB 109--Employees' Retirement System; credit for certain military service .............................. 275 SB 110--Legislative Retirement System; change monthly retirement allowance ....................... 275, 564, 600, 641, 650, 954, 2939 SB 111--City of Union Point; change certain fines ................ 276, 474, 538, 566, 1542, 2939 SB 112--School Property; county boards of education may acquire, sell .................. 276, 536, 565, 603, 618 SB 113--State Officials, Employees; business transactions with State, change com pensation of certain officials. . 276, 563, 600, 641, 652, 2854, 2882, 2940 SB 114--Employees' Retirement System; redefine term ................... 276 SB 115--Teachers Retirement System; redefine term ..................... 276 INDEX 2947 SB 116--Superior Court Judges Retirement System; membership provisions ....................................... 276 SB 117--Teachers Retirement System; creditable service for unused sick leave ......................... 277 SB 118--Teachers Retirement System; number of years of service to qualify........................... 277 SB 119--Employees' Retirement System; redefine "annuity savings fund" ............................... 277 SB 120--Teachers Retirement System; change provisions on board of trustees.......................... 277 SB 121--Health Policy Council, Health Planning Review Board; create .......... 277, 719, 758, 911, 970, 976, 2621, 2804, 2936, 2939 SB 122--Richmond County Probate Judge; provisions for emeritus status ................................. 277 SB 123--Fulton County Probation Employees; ineligible for local system pension if employed by Offender Rehabilitation ...................... 278, 1494, 1560, 1651, 2239, 2344, 2939 SB 124--Glynn County Development Authority; power to contract with Jekyll Island State Park Authority....... 278, 474, 538, 567, 793, 2939 SB 125--District Attorneys Emeritus; change retirement benefit, certain circumstances ........................................ 278 SB 126--Employees' Retirement System; credit for prior service in district attorney's office ...................................... 278 SB 127--Superior Court Judges Retirement System; redefine employer ........................................... 278 SB 128--Legislative Retirement System; redefine date of establishment ................................. 279 SB 129--Retirement Systems Funded by State Wholly or In Part; provisions on cost-of-living adjustments .................................. 279 SB 130--Property Insurance; change provisions. .......... 293, 537, 565, 603, 619, 2284, 2310, 2940 SB 131--Fair Market Value of Property; exclude certain costs relating to ad valorem tax ...................................... 293, 718 SB 132--Fulton County; abolish offices of justice of the peace and constable ................. 293, 906, 964, 1065, 2194, 2939 SB 133--Fulton County Board of Commissioners; method of changing compensation ................ 294, 563, 600, 639, 1050, 2939 SB 134--Fulton County Board of Health; provide for creation ............. 294 SB 135--Inmate Earned-Time Allowance; accrue after sentence becomes final ...................... 294, 564, 600, 641, 653 SB 136--Grade A Pasteurized Milk; regulations for standards by Agriculture Department ....... 294, 563, 600, 641, 654, 1554, 2939 SB 137--Structural Pest Control Commission; powers and duties, certification revocation, certain cases.......... 294, 563, 600, 641, 655, 1736, 2939 SB 138--Juvenile Court; jurisdiction, definitions ...................... 295, 797, 838, 911, 939 SB 139--Bad Checks; change penalties ................................ .295 SB 140--Fulton County; adopt ordinances for policing of unincorporated areas .................. 295, 563, 600, 639, 1050, 2939 SB 141--License to Practice Medicine; grounds for refusal to grant. ............. 295, 1058, 1119, 1261, 1306 SB 142--County Tax Digest; adjustment and equalization ................. 465 SB 143--Crime of Escape; change penalty provisions ..................... 466 SB 144--Magistrate Court; provide in each county ....................... 466 2948 INDEX SB 145--Motor Vehicles; Used Parts Dealers; change termination date of Board. ......................... 466, 756, 800, 845, 911, 942 SB 146--Deceased State Employee; provisions for payment of wages to survivors................ 466, 597, 637, 681, 693, 2022, 2096, 2939 SB 147--State Government; purchases and public work contracts, domestic steel products, preferential treatment .................. 466, 474, 538, 570, 602, 607, 2854, 2866, 2939 SB 148--Probation; change provisions relating to community service................. 466, 564, 601, 641, 657, 682, 701 SB 149--State Examining Boards; membership, powers and duties. ......... 467 SB 150--Torts; physician not liable under certain circumstances.............................. 467, 597, 637, 682, 694 SB 151--Telegraph Service; define certain terms, requirements for licensure .................... 467, 538, 565, 603, 620, 2936, 2940 SB 152--Workers' Compensation; liability of 3rd persons to employer, employee ....................................... 467 SB 153--Prosecution; circumstances for termination .... 467, 537, 566, 603, 621 SB 154--Public Accountants; board membership, requirements for certification ...................... 467, 676, 720, 764, 770, 2021, 2099, 2186, 2285, 2349, 2913, 2938, 2939 SB 155--Fulton County Court Calendar; publication subsidy payment to certain newspapers .................... 468, 563, 601, 640, 1050, 1072, 2939 SB 156--Trial Record Transcripts; payment for preparation ................................ 468, 598, 638, 682, 695 SB 157--Junior Colleges; payments by board of regents to local operating authorities ........... 472, 596, 638, 682, 696, 809, 845, 847 SB 158--Civil Action; dismissal, number of times allowed .......................... 472, 1059, 1119, 1341, 1363 SB 159--Senate Doorkeeper, Messenger; delete provisions and provide Sargeant-At-Arms .......... 472, 676, 720, 764, 772, 1630, 2191, 2232 SB 160--Jones County Probate Court Judge; compensation .................. 472, 537, 566, 601, 1240, 1265, 2939 SB 161--Banking and Finance Commissioner and Deputy; financial restrictions ................ 473, 718, 758, 808, 810, 2022, 2112, 2939 SB 162--Bank Official, Employee Indicted for Moral Turpitude, Etc.; suspension.. ............... 473, 718, 758, 809, 811, 1738, 2113, 2939 SB 163--Life Insurance Policy Loans; provide for interest rates ..................... 473, 756, 800, 845, 874, 1630, 1720, 2939 SB 164--Teachers; change provisions on sick leave accumulation .............................. 473, 718, 758, 809, 812 SB 165--Election Code; change various provisions. .......... 531, 676, 721, 764, 773, 809, 845, 850, 1555, 1936, 2939 SB 166--Property Tax Return; define who may make ... 531, 718, 758, 809, 813 SB 167--Mechanics' Liens; special liens on other property ......................... 531, 756, 800, 845, 911, 943 SB 168--Macon County Board of Commissioners; compensation ........................ 531, 596, 638, 679, 1324, 2939 SB 169--Board of Private Detective and Security Agencies; license suspension provisions. ............ 531, 757, 800, 845, 892, 2021, 2939 SB 170--Assistant District Attorneys; manner to determine amount of compensation ...................................... 532 SB 171--Person Defeated in Municipal Primary; not run as independent in general election ............ 532, 635, 676, 722, 732, 1630, 1697, 2939 INDEX 2949 SB 172--Stolen Property; provisions for return to rightful owner .............. ...... 532, 1059, 1119, 1261, 1341, 1351 SB 173--Veterinarians; revise laws regulating technicians assisting .................. 532, 755, 800, 845, 880, 2854, 2862, 2939 SB 174--Little Ocmulgee and Magnolia Springs Lakes; boat operation hours ............. 532, 1060, 1119, 1261, 1313, 1342, 1399 SB 175--Public School Employees Health Insurance Plan; funds ..................................... 532, 636, 677, 723, 734 SB 176--Criminal Case Evidence; use of interpreters for deaf persons ........ 558, 798, 838, 912, 944, 1058, 1133, 1217, 2935, 2940 SB 177--Department of Transportation; may award contract when only one bid received............................ 558, 757, 800, 845, 881 SB 178--Commitment of Delinquent Child to Department of Human Resources; determining apprehension......... 558, 635, 677, 723, 735, 1554, 2939 SB 179--Youths Committed to Department of Human Resources; earned-time allowances ..................... 559, 635, 677, 723, 736 SB 180--Juvenile; pay restitution for damages from delinquent behavior......... 559, 635, 677, 723, 737, 2855, 2872, 2939 SB 181--Steel Jaw Leg-Hold Traps in Trapping; prohibit prior to November 20, 1984 ...................... 559, 1060 SB 182--Superior Court Clerks; change minimum annual salaries ..... .559, 756, 801, 845, 872, 899, 912, 970, 971, 2854, 2864, 2939 SB 183--City of Rockmart; maximum fine imposed by recorder ............................ 559, 675, 721, 761, 1240, 2939 SB 184--Pharmacist's License; change qualifications .............. 559, 797, 838, 912, 944, 2826, 2858, 2939 SB 185--Education Authority (Schools); project mean public library buildings ............................................ 560 SB 186--Extraordinary Life-Sustaining Procedures; authorize discontinuance ........................... 560, 719, 758, 1341, 1360 SB 187--DeKalb-Fulton County; powers of municipal corporation within unincorporated area ...................... 560, 718, 759, 805 SB 188--Podiatrists; change provisions on refusal, revocation of licenses ................... 594, 797, 838, 912, 945, 2870, 2878, 2939 SB 189--Superior Court Clerks' Minimum Salaries; population provides for determining ..... 594, 756, 801, 845, 912, 946, 1555, 1585, 2185, 2939 SB 190--Hospital Regulation; emergency orders to relocate institutional patients ................... 594, 797, 838, 912, 947, 2333, 2447, 2939 SB 191--Policemen, Firemen, Prison Guards Indemnification; redefine law enforcement officer. ..................... 594, 720, 759, 809, 813 SB 192--Chiropractors; change provisions on scope of practice .................................... 594, 1058 SB 193--Forfeited Property; use of money from sale of.................. 595, 836, 907, 1132, 1147, 2870, 2881, 2939 SB 194--Methaqualone; change provisions relating to possession ...... 595, 720, 759, 809, 814, 1059, 1133, 1215, 1736, 2939 SB 195--Campaign Material Placed on Certain Property; remove certain restrictions. .............. 595, 756, 801, 845, 880, 2619, 2939 SB 196--Ad Valorem Property Tax; redefine foreign merchandise in transit. . ...................... 629, 718, 759, 809, 816, 2935, 2940 SB 197--Special Investigative Grand Jury with State-Wide Jurisdiction; provide .................................................... 630 SB 198--State Purchasing; define minority business enterprise and minority person ........................ 630, 797, 839, 912, 949 2950 INDEX SB 199--Motor Vehicle Franchise Practices Act; provide ............... 630, 1059, 1120, 1260, 1267, 2197, 2318, 2939 SB 200--Insurance; informational booklets, language simplified .............. 630, 719, 759, 809, 817, 1630, 2939 SB 201--Residential Finance Authority; change membership....................... 630, 835, 907, 1071, 1109 SB 202--State Meetings Open to Public; change requirements ....................... 630, 837, 907, 970, 1014 SB 203--Public Records; those with personal information not open for inspection .......................... 631, 1117, 1251, 1425, 1436 SB 204--Protection of Metropolitan Rivers; define certain terms..................... 631, 799, 839, 911, 934, 1630, 1682, 2939 SB 205--Amusement Rides; provide for safety inspection ................. 631 SB 206--Probationers; live-in attendant for disabled constitutes community service. . ... .671, 720, 759, 809, 845, 846, 2197, 2308, 2939 SB 207--Assistant District Attorney; certain prior state employment for computing compensation. ...... 671, 963, 1061, 1132, 1143, 1736, 2939 SB 208--Gwinnett County Probate Court Judge; establishing annual compensation ........................ 671, 836, 907, 966, 2194, 2939 SB 209--Vidalia Onions; provisions for unlawful labeling ........ 671, 755, 801, 845, 867, 1555, 1624, 1990, 2014, 2185 SB 210--Chattahoochee County; repeal jurisdiction of clerk of superior court over misdemeanor .............. 671, 906, 964, 1065, 1737, 2939 SB 211--Chattahoochee County Superior Court Clerk; annual salary ....................... 672, 906, 965, 1065, 1737, 2939 SB 212--Practice of Naturopathy; change provisions and definition ............. .......................... 672, 1248, 1331, 1425, 1438, 2687, 2939 SB 213--Industry and Trade; create Governor's Export Council ................................... 672, 1057, 1120 SB 214--Fraudulent Practices; prohibit fraudulently obtaining public housing ........................ 672, 1059, 1120, 1261, 1291 SB 215--Used Motor Vehicle Dismantlers, Salvage Dealers; change certain terms ............ 713, 837, 907, 1071, 1103, 2196, 2288, 2939 SB 216--Alcoholic Beverage Sale by the Drink; prohibit two-for-one sales ... 714 SB 217--Electric Power Substations; membership corporations conform to local zoning plans ................................. 714 SB 218--Gordon County; minimum compensation for certain officers ....................... 714, 836, 907, 967, 1487, 2939 SB 219--Gwinnett County Board of Education; new districts and election of members ........... 714, 906, 965, 1066, 1737, 1934, 2616 SB 220--State Debt, Investment, Depositories; public securities at least one signature ....... 714, 835, 907, 970, 1012, 2621, 2694, 2940 SB 221--Stone Mountain Judicial Circuit Superior Court Judges; supplemental compensation ......... 714, 1558, 1636, 1762, 2934, 2940 SB 222--Roadways and Streets; repairs by cities and counties, accommodation for bicycles ................ 715, 836, 908, 1070, 1092 SB 223--Driver's License; suspended or revoked, penalties for driving. ............................... 715, 1118, 1251, 1342, 1397 SB 224--Animal Owners; conditions for liability for injuries .............................. 715, 798, 839, 912, 970, 1007 SB 225--Patient's Health Records; provisions for disclosure .......... .715, 797, 839, 912, 970, 1004, 2197, 2234, 2620, 2939 SB 226--Victims, Witnesses in Criminal Cases; notified of release of defendant........................... 715, 1118, 1251, 1425, 1456 INDEX 2951 SB 227--Richmond County-City of Augusta; establish governing authority .......................... 715, 1633, 1639, 1763 SB 228--State Ethics Commission; create ............................... 716 SB 229--Landlord, Tenant; prohibit charging tenant for cable television. .................................... 751, 963, 1061 SB 230--Certain Teachers; performance evaluations ...................... 751 SB 231--Department of Human Resources; payment for personal services on basis of 26 pay periods per year ............... 751, 836, 908, 971 SB 232--Juvenile Proceedings; change provisions on protective orders ....................... 751, 1057, 1120, 1261, 1296 SB 233--Savannah-Chatham County School System; change certain education district designations ........ 752, 962, 1061, 1128, 1488, 2939 SB 234--City of Augusta; change corporate limits ...................................... 752, 2028, 2031, 2217 SB 235--Glynn County; sale of alcoholic beverage for consumption on premises on Sunday ........................... 752, 906, 965, 1066 SB 236--Georgia Council for Energy Resources; abolish .................. 752 SB 237--Psychological Evaluation of Convicted Persons; forward to Offender Rehabilitation Department. ... 752, 1118, 1251, 1425, 1455, 2619, 2939 SB 238--City of Milledgeville; election and terms of mayor and aldermen. ........ .793, 906, 965, 1066, 1406, 1431, 1552, 1577, 1720 SB 239--Certain Domestic Relations Cases; personal jurisdiction over nonresidents ........... 793, 1059, 1120, 1261, 1310, 2826, 2855, 2940 SB 240--Alimony; continuing jurisdiction in court initially entering order ......................... 793, 1059, 1120, 1261, 1312 SB 241--Insurance Company Selling Salvage Autos to Vehicle Parts Dealer; dealer must be licensed . 793, 1249, 1331, 1425, 1436, 2196, 2309, 2939 SB 242--Contracts for Public Works; limit amount of retained amounts ............... 794, 963, 1061, 1133, 1179, 2197, 2292, 2939 SB 243--Breath Analysis Machine; taverns to measure intoxication ......... 830 SB 244--Georgia Youthful Offender Act of 1972; repeal.................. 830 SB 245--Materialmen's Liens; attach real property under certain conditions ........................................... 830 SB 246--Council of Juvenile Court Judges; receive legal, social case information on child .............. .830, 1057, 1120, 1261, 1341, 1345 SB 247--Victim of Felony; parental consent to publish name of child under 17 ................................. 831, 1057, 1121 SB 248--Campaign Contribution Public Disclosure; redefine expenditure .................... 831, 1117, 1251, 1342, 1391 SB 249--Probate Judge; may appoint attorney to act in place of judge ............... 831, 963, 1061, 1133, 1223, 2196, 2313, 2939 SB 250--Fulton County Probation System; supplement certain compensation......................................... 901 SB 251--Gasoline, Diesel Fuel Dispensing; certain type nozzles and valves.. ................. 902, 962, 1061, 1133, 1150, 2196, 2939 SB 252--Gwinnett County State Court; relating to vacancies in judge's office ............................. 902, 1058, 1121, 1255 SB 253--Gwinnett County State Court; provide additional judge ................ .902, 1058, 1121, 1255, 2194, 2939 SB 254--Parole; impose supervision fee ...................... 902, 1118, 1251 SB 255--Sapelo Island Heritage Authority; create ..................... 902, 1060, 1121, 1260, 1286, 1737, 2939 SB 256--State Water Well Standards Advisory Council; change termination date ........... 902, 1060, 1121, 1261, 1288, 2195, 2939 2952 INDEX SB 257--Certain Domestic Relationship Cases; court have jurisdiction over nonresident. ............................................ 903 SB 258--Person Bitten by Animal Suspected Rabid; notify rabies control officer. ......................... 903, 1118, 1252, 1342, 1378 SB 259--Health Insurance; change nature of required coverage of mental disorders .......................................... 903 SB 260--Vehicles on Highway; authorize those with width under 102 inches designated by department ............................... 903, 1060, 1121, 1261, 1299, 1631, 1953, 2939 SB 261--Bingo; city, county adopt ordinance authorizing operation for nonprofit. . ......................... 955, 1117, 1252, 1341, 1365 SB 262--Baldwin County Magistrate Court; appointment ..................... .955, 1116, 1252, 1339, 2194, 2939 SB 263--Fulton County Board of Health; create by ordinance ........... 956 SB 264--Rockdale County Magistrate Court; trials conducted without jury ...................... 956, 1058, 1121, 1255, 1737, 2939 SB 265--City of Adairsville; incorporate and provide charter .................. 956, 1415, 1496, 1565, 2196, 2307, 2939 SB 266--City of Pinehurst; election of mayor and council ......................... .956, 1116, 1252, 1337, 1737, 2939 SB 267--Hospital Authorities; one member of board licensed to practice medicine ......................................... 956 SB 268--Return of Driver's License, Tag Registration; restoration fee ............ 956, 1118, 1252, 1342, 1372, 2196, 2939 SB 269--Insurance; rule and rate making, change provisions, delete certain references to workers' compensation ..........957, 1059, 1122, 1261, 1293, 2195, 2939 SB 270--Industrial Loans; applications for licenses, hearings ................... 957, 1247, 1331, 1425, 1437, 2195, 2939 SB 271--Controlled Substances Regulation; reclassify certain Schedule II substances ....................................... 957 SB 272--Domestic Relations; establish children's policy .......................... .957, 1057, 1122, 1261, 1341, 1350 SB 273--Jones County Magistrate Court; appointment ............................... 1050, 1247, 1331, 1418, 1737, 2096, 2189, 2285, 2349, 2933, 2940 SB 274--Baldwin County Probate Court Judge; compensation .................... 1051, 1247, 1331, 1419, 2195, 2940 SB 275--Jones County Board of Commissioners; election ................................... 1051, 1247, 1331, 1419 SB 276--Hancock County Magistrate Court; appointment ............... 1051, 1247, 1332, 1419, 2021, 2093, 2939 SB 277--Public Works Contracts Awarding; domestic lumber products ............. 1051, 1248, 1332, 1425, 1435, 2621, 2709, 2940 SB 278--Cobb County Tax Commissioner and Clerk; compensation .............................. 1051, 1247, 1332, 1419, 2021, 2161, 2188, 2287, 2414, 2706, 2938, 2939 SB 279--Cobb County Education Districts; change boundaries ...................... 1051, 1247, 1332, 1420, 2239, 2939 SB 280--Cobb County Board of Education; compensation ........... 1052, 1247, 1332, 1420, 2022, 2163, 2188, 2287, 2415, 2708, 2938, 2939 SB 281--Drug Abuse Treatment Programs; licensed .............. 1052 SB 282--Development Authorities; define project relating to hotel and motel facilities .................... 1052, 1249, 1332, 1425, 1428 INDEX 2953 SB 283--Loan Secured by Interest in Real Estate; claim of violation .................. 1052, 1247, 1332, 1424, 1426, 2195, 2940 SB 284--Land Sold Under Tax Execution; time entitled to redeem ........ 1113 SB 285--Chiropractors; change provision on scope of practice............. 1113 SB 286--Nursing Homes; provide requirements for disaster preparedness plan ................................ 1113, 1331, 1418 SB 287--Jones County Tax Receiver and Collector; consolidate into tax commissioner .............. 1240, 1415, 1496, 1565, 2196, 2285, 2939 SB 288--Griffin-Spalding County Development Authority; define powers, duties ................... 1241, 1494, 1560, 1652, 2239, 2939 SB 289--Powder Springs Downtown Development Authority; existence of vacancies ..................... 1241, 1415, 1496, 1565, 2934, 2940 SB 290--Distilled Spirits Distribution Act; provide ...................... 1241 SB 291--Adoption; Department of Human Resources have access to records in special circumstances .............................. 1241 SB 292--Driving Under the Influence Conviction; higher insurance coverage required .................................. 1325 SB 293--City of Crawford Mayor and Councilmen; change terms .................... 1325, 1494, 1560, 1673, 2239, 2939 SB 294--Liberty County Industrial Authority; clarify definition of project ....................... 1407, 1494, 1560, 1674, 2195, 2940 SB 295--City of Rome; education board........................... 1408, 1558, 1636, 1745, 2239, 2939 SB 296--Dooly County Tax Commissioner; compensation .............. 1408, 1558, 1636, 1746, 2687, 2824, 2939 SB 297--Use of Public Buildings by Physically Handicapped; revise portion of Code ...................................... 1408 SB 298--City of Macon; change corporate limits ..................... 1408, 1739, 1741, 2049 SB 299--City of Milledgeville; mayor and aldermen, compensation .................... 1408, 1558, 1636, 1746, 2934, 2940 SB 300--Town of Tyrone; councilmen, terms of office ........................... 1493, 1558, 1636, 1746, 2934, 2940 SB 301--City of Savannah; board of aldermen, corporate limits ........................... 1493, 1633, 1639, 1747, 2239, 2939 SB 302--Macon City Council; president pro tempore selection ........................ 1493, 1633, 1640, 1747, 2934, 2940 SB 303--South Cobb Development Area; provide for enlargement ..................... 1556, 1739, 1741, 2039, 2935, 2940 SB 304--Cobb County Board of Commissioner of Roads and Revenues; funds for rapid transit ...................................... 1556 SB 305--Gwinnett County Board of Education; compensation and expense allowances ...................... 1556, 1739, 1742, 2040, 2935, 2940 SB 306--Fayette County Magistrate Court; provide ......................... 1556, 1739, 1742, 2040, 2935, 2940 SB 307--Gordon County Administrator; change provisions relative to ....................... 1556, 1739, 1742, 2040, 2935, 2940 SB 308--East Point Building Authority; create .......................... 1631, 1739, 1742, 2041, 2935, 2940 SB 309--Cobb County Stadium Authority; create ....................... 2023 SB 310--Brantley County; compensation of certain officials ............... 2023 SB 311--Brantley County Sheriff; compensation ........................ 2023 2954 INDEX SENATE RESOLUTIONS SR 1--Rules of the Senate; adopt .................................. 26 SR 2--Notify House that Senate has convened ......................... 27 SR 3--Senate Officials, Employees, Committees; relative to ............... 46 SR 4--Local Option Sales Tax; proceeds to finance public facilities ........ 44 SR 5--Joint Committee to Study No-Fault Insurance; create ..................................... 44, 597, 638, 682, 697 SR 6--Macon-Bibb County Water and Sewerage Authority; temporary easement for sewer line .............. 44, 77, 86, 109, 267, 670, 2940 SR 7--Ms. Mamie K. Taylor; regrets at passing ...................... 65 SR 8--C. Clayton Turner; commend, retirement ........................ 65 SR 9--Drs. Wilber, Hames, Tuttle, Shulman; commend .................. 65 SR 10--Measles; congratulate Department of Human Resources and others for work in eliminating .............................. 65 SR 11--Governor's Education Review Commission; create .................. 63, 299, 470, 477, 542, 570, 576, 1631, 2940 SR 12--University of Georgia Football Team; commend coaches and members ............................ 65, 81 SR 13--Herschel Walker; commend .................................... 65 SR 14--L. Mitchell Conner; commend.................................. 78 SR 15--Ralph Cagle Day; proclaiming ................................. 78 SR 16--Georgia Mayors' Day of Municipal Association; proclaim January 17, 1983 .................................... 87 SR 17--Francis Patrick Rossiter; regrets at passing ........................................ 79, 293 SR 18--Palmetto High School Football Team; commend ................. 109 SR 19--Cities, Counties; incurring debt without referendum ............. 102 SR 20--Gena Paulk; commend ........................................ 87 SR 21--Mrs. Margaret Guinn Barksdale; regrets at passing ............... 87 SR 22--Laura Bass; commend ........................................ 87 SR 23--101st Separate Coast Artillery Battalion Association; commend ................................................... 87 SR 24--State Buildings Containing Asbestos Materials; evaluate, identify ................................... 102, 597, 638, 682, 698 SR 25--Leigh Powell; commend ...................................... 107 SR 26--Robbie Wylie; commend ..................................... 107 SR 27--Clarence Westmoreland; regrets at passing .................... 107 SR 28--Charles Barrett; commend .................................... 108 SR 29--Conda Shiflett; commend ..................................... 108 SR 30--Leigh Moore; commend ...................................... 108 SR 31--Valdosta High School Football Team; commend ................. 108 SR 32--Anne Arthur; commend .................................... 108 SR 33--Vidalia Sweet Onion; commend ............................... 108 SR 34--Honorable Al Holloway; commend ............................. 108 SR 35--Lisa Wiggins; commend ...................................... 108 SR 36--Jeff Wagner; commend....................................... 108 SR 37--Jenifer Embry; commend ..................................... 108 SR 38--Joyce Brown; commend ...................................... 108 SR 39--Brad Lewis; commend ....................................... 108 SR 40--Lisa Spain; recognize ........................................ 109 SR 41--Committee to Study Handicapped Preschooler; create .................................... 279, 597, 638, 682, 699 INDEX 2955 SR 42--Roger H. Lawson Memorial Bridge; designate.................................. 279, 598, 638, 682, 700 SR 43--Nan Bunn; commend ........................................ 284 SR 44--Kathy Morris; commend ..................................... 284 SR 45--General Assembly Members; elect for four years ......................... 279, 563, 601, 641, 657 SR 46--Mandy Bishop; commend ..................................... 284 SR 47--Jeff Tyler; commend ......................................... 284 SR 48--Messrs. McGill, Tyler and Hoffmann; recognize. ............................................. 284, 1260 SR 49--Honorable Richard A. Dent; authorize portrait in State Capitol ............. 279, 836, 908, 970, 1015, 1738, 1932, 2940 SR 50--Pension System for National Guard; General Assembly provide .................................... 295 SR 51--Morris E. Ezell; commend .................................... 285 SR 52--National Professional Qualifications System for Fire Service Personnel; urging funds to establish .................... 295, 720, 759, 809, 818 SR 53--Fire Academy; support urging funds for operation.................................. 296, 720, 760, 809, 819 SR 54--Fire Data System; support urging funds to continue operation.................................. 296, 720, 760, 809, 819 SR 55--Dr. William M. Suttles; commend ............................. 303 SR 56--Nancy Hart Day; proclaiming Friday, January 21 ............... 303 SR 57--David Dekle; commend ...................................... 304 SR 58--Daniel David Quillian; in memory of........................... 304 SR 59--Henry L. Logan; regrets at passing ............................ 304 SR 60--Armed Services Vocational Aptitude Battery Test; encourage schools to administer........................ 468, 718, 760, 809, 819 SR 61--Elected Officials; resign to qualify for different office ..................................... 468, 756, 801, 845, 878 SR 62--F. M. Chalker; regrets at passing.............................. 476 SR 63--Rome Boys Club and Boys Club Choir; commend................ 471 SR 64--Senate Committee on Music Industry; create .................................... 533, 719, 760, 809, 822 SR 65--George Collier; recognize on retirement......................... 540 SR 66--James Turner; recognize on retirement ......................... 541 SR 67--Honorable Ray Shirley; commend ............................. 541 SR 68--University System Personnel, State Employees; fringe benefits .............................................. 560 SR 69--Federal Court Monitors; relative to appointment............................. 560, 720, 760, 809, 823 SR 70--Detective David Burkhalter; commend .......................... 541 SR 71--Mrs. Sarah Scoggin; commend ................................ 541 SR 72--Bobby Carl Pate; commend ................................... 541 SR 73--West Georgia College Braves Football Team; commend ........... 541 SR 74--West Georgia College Football Cheerleaders; commend 541 SR 75--Trapping, Steel Jaw Leg-Hold Traps; prohibit.............. 560, 1060 SR 76--Paul W. "Bear" Bryant; regrets at passing ...................... 570 SR 77--Workers' Compensation Task Force; create ................................ 595, 797, 839, 912, 970, 975 SR 78--Citizens Task Force to Study Office of Lieutenant Governor; create ......................... 595, 836, 908, 1070, 1101 SR 79--George W. Thompson, Sr.; designate bridge .................... 631, 799, 839, 912, 970, 1011, 1555, 2940 2956 INDEX SR 80--Mr. Ozell Sutton and Alpha Phi Alpha Fraternity; commend .................................................. 602 SR 81--Kim Murphy; commend ...................................... 641 SR 82--Honorable Steve Reynolds; commend........................... 765 SR 83--Clayton County; conveyance of certain real property ................... 672, 1060, 1122, 1261, 1314, 2619, 2940 SR 84--George Bernard Maloof; commend ............................. 681 SR 85--James T. McRaney; commend ................................ 681 SR 86--Imposition of Death Penalty; relative to federal appeals process ......... 672, 1059, 1122, 1260, 1264, 1294, 1320, 1342, 1400 SR 87--Mrs. Virginia Whitehead; commend............................ 681 SR 88--Stop Drugs at the Source Petition; relative to ............................. 716, 797, 839, 912, 970, 973 SR 89--Bartow County; conveyance of certain state owned real property to Mr. and Mrs. Frank J. Baia, Jr. ................ 716, 799, 839, 912, 970, 1003, 2197, 2940 SR 90--Nonstriking Truckers; concerning acts of violence against ................................. 716, 837, 908, 1071, 1102 SR 91--Economic Development and Tourism Committee; subcommittee study governmental contract matters ........................ . .716, 1057, 1122, 1261, 1341, 1352 SR 92--Junior Leagues of Georgia and Public Affairs Representatives; commend .................................... 722 SR 93--Durell Lynn; recognize ....................................... 722 SR 94--Honorable E. G. Summers; regrets at passing ................... 765 SR 95--Bobbie Diane Bakes; recognize ................................ 732 SR 96--Mrs. Tennie Moss Combs; regrets at passing .................... 763 SR 97--Mrs. Robert M. Lord, Sr.; commend on 95th birthday............ 732 SR 98--Curtis L. Atkinson; recognize ................................. 808 SR 99--General Thomas M. Ryan, Jr.; commend ....................... 765 SR 100--Honorable Steve Polk; commend............................... 890 SR 101--Thomas J. Lahey, Jr.; commend ............................... 808 SR 102--William Michael Zarkowsky; commend ......................... 808 SR 103--Sam Creech; commend....................................... 873 SR 104--Edna Callaway Howard; commend on birthday .................. 808 SR 105--Julia Lucas; commend ....................................... 808 SR 106--Georgia Jaycees Rebel Corps; commend ........................ 808 SR 107--Julian Murphy Brisendine; commend ........................... 911 SR 108--Cobb County and City of Marietta; relative to continuing controversy between ........................ 957, 1058, 1122, 1260 SR 109--Garland Thompson; commend ................................. 970 SR 110--Bill Raising Revenue; approval of % of General Assembly .......................................... 1052 SR 111--Savannah; state owned property conveyed to Resource Recovery Development Authority. ..... 1052, 1250, 1333, 1425, 1440, 2197, 2940 SR 112--Glynn County; conveyance of property to Mrs. Margaret Burke White .................... 1053, 1250, 1333, 1424, 1427, 2023, 2940 SR 113--Judge William T. Dean; commend ............................ 1069 SR 114--Committee to Study Lower Chattahoochee River; create ............................... 1053, 1249, 1333, 1507, 1508 SR 115--Janet Harris; recognize. ..................................... 1177 SR 116--Kathy McMinn and Kathy Neibel; recognize ................... 1177 SR 117--Mitzie Edge and Cindy Pleger; recognize ...................... 1177 SR 118--Ladies Selected as All-American in Track; recognize ............ 1177 INDEX 2957 SR 119--Committee to Study Mental Health and Mental Retardation; create ............................... 1113, 1495, 1560, 1678, 1732 SR 120--Atlanta Jazz Theatre; commend .............................. 1132 SR 121--Board of Medical Examiners; develop regulations on abuse of amphetamines ............. 1113, 1248, 1333, 1425, 1430, 2022, 2940 SR 122--Committee to Study County and Municipal Grant; create ............................... 1114, 1494, 1560, 2231, 2412 SR 123--Silver Dollar City Company; recognize for development of two White Water Parks............................................... 1146 SR 124--Ail-American Girls' Swim Team; recognize .................... 1178 SR 125--Committee to Study Compensation to Victims of Crime; create ............................... 1241, 1416, 1497, 1573, 1577 SR 126--Committee to Study Medicaid Coverage; create ............................... 1241, 1414, 1497, 1573, 1579 SR 127--WLTA and Staff; commend ................................ 1146 SR 128--Officials of Youth Assembly; commend ........................ 1259 SR 129--W. D. Trippe; commend .................................... 1260 SR 130--Colonial Hills Christian School Girls Basketball Team; commend .......................................... 1260 SR 131--Department of Human Resources; urge to coordinate activities with medical sector and voluntary health agencies .................................. 1242, 1495, 1506 SR 132--Committee to Study Peace Officers' Annuity and Benefit Fund; create.......................... 1325, 1635, 1640, 2056, 2170 SR 133--Resource Conservation and Development Program; commend ................................................. 1260 SR 134--200th Anniversary of Constitution of the United States; urge Congress plan celebration .......................... 1341, 1555 SR 135--Mrs. Alice Browner; commend .............................. 1341 SR 136--Daniel Wright, Jr.; commend ................................ 1483 SR 137--Jim Davis; commend..................................... 1507 SR 138--Honorable Aaron Cohn; commend ............................ 1424 SR 139--Youth Art Month in Georgia; relative to ...................... 1424 SR 140--Assessment on Milk; urge Congress and Secretary of Agriculture to remove. ............ 1493, 1632, 1640, 2670, 2671, 2936 SR 141--Northwest Georgia Travel Association; commend ............... 1526 SR 142--Arthur and Frances Barnes; commend......................... 1507 SR 143--State Election Board; elect Mrs. Shirley Altman of Thomas County ....................... 1556, 2029, 2031, 2230, 2336 SR 144--Stewart Middle School and Principal Jim Steele; commend. ...... 1507 SR 145--John H. Moye; recognize on retirement........................ 1571 SR 146--Cedartown Junior Welfare League; commend .................. 1571 SR 147--Sheriff Don Thurman; commend.............................. 1571 SR 148--Cartersville Kiwanis Club; commend .......................... 1571 SR 149--Cedartown Kiwanis Club; commend........................... 1571 SR 150--Cedartown Lions Club; commend ............................. 1571 SR 151--Bartow County Lions Club; commend ......................... 1571 SR 152--Etowah Creative Arts Council of Cartersville; commend ......... 1571 SR 153--Dallas Lions Club; commend................................. 1571 SR 154--Family Reunion Month; urge people of state to observe .......... 1571 SR 155--Committee to Study Structure of Financial Institutions; create. .................... 1556, 1632, 1640, 2670, 2672 SR 156--Committee to Study University System Laboratory and Equipment Needs; create ......................... 1557, 2199, 2201, 2670, 2675 2958 INDEX SR 157--Vince Dooley; commend and invite to appear before Senate.............................................. 1628 SR 158--Claude Felton; commend and invite to appear before Senate.............................................. 1628 SR 159--Wayne Richard Radloff; commend and invite to appear before Senate ....................................... 1628 SR 160--Dale Keith Carver; commend and invite to appear before Senate.............................................. 1628 SR 161--Timothy Floyd Crowe; commend and invite to appear before Senate .............................................. 1628 SR 162--Committee to Study Georgia Transportation; create ............................... 1557, 2200, 2201, 2670, 2677 SR 163--Charles Ronnie Hardigree; commend .......................... 1572 SR 164--Honorable Culver Kidd; commend ............................ 1572 SR 165--Larry Collins and Family; commend .......................... 1572 SR 166--Mary Lou Hensley; commend ................................ 1572 SR 167--Ms. Ginny Monies; commend ................................ 1572 SR 168--Employees' Retirement Board of Trustees; involuntary separation benefits..................... 1631, 2030, 2031, 2670, 2673 SR 169--Kingston Women's History Club; commend .................... 1572 SR 170--New Hope Ruritan Club; commend ........................... 1572 SR 171--Dallas Jaycees; commend .................................... 1572 SR 172--Cedartown Exchange Club; commend ......................... 1572 SR 173--Cartersville Pilot Club; commend ............................. 1572 SR 174--Paulding County Rotary Club; commend ...................... 1572 SR 175--Cedartown Jaycees; commend ................................ 1572 SR 176--Cedartown Jaycettes; commend............................... 1573 SR 177--Cartersville Business and Professional Women's Luncheon Club; commend ................................... 1573 SR 178--U. S. Agriculture Department; urge withdraw proposal for imposing certain reduction ................................... 1632 SR 179--Aviation Unit of Georgia State Patrol; commend ............... 1677 SR 180--Cedartown Optimist Club; commend .......................... 1717 SR 181--Bremen Rotary Club; commend .............................. 1717 SR 182--Cartersville Woman's Club; commend ........................ 1717 SR 183--Cartersville-Bartow County Chamber of Commerce; commend .... 1717 SR 184--Rockmart Chamber of Commerce; commend ................... 1717 SR 185--Polk County Business and Professional Women's Club; commend ................................................. 1717 SR 186--Cartersville Business and Professional Women's Club; commend ................................................. 1717 SR 187--Dallas-Paulding County Chamber of Commerce; commend ....... 1717 SR 188--Cedartown Chamber of Commerce; commend .................. 1717 SR 189--Cedartown Business and Professional Women's Club; commend ................................................. 1717 SR 190--New Georgia Ruritan Club; commend......................... 1718 SR 191--Committee to Study Urban County and Municipal Services; create ............................... 1738, 2029, 2031, 2670, 2674 SR 192--Savannah Outpatient Treatment Clinic; urge Veterans' Administration to reestablish ................................. 2054 SR 193--Major General Cornelius Nugteren; recognize .................. 2054 SR 194--Honorable Harold Washington; congratulations to............... 2054 SR 195--Stop Drugs at the Source; relative to the People Executive Treaty signed by President Reagan .................. 2054 INDEX 2959 SR 196--Stop Drugs at the Source; relative to the People Executive Treaty signed by Vice President Bush ................ 2055 SR 197--Committee to Study Milledgeville Youth Development Center; create .................................. 2055 SR 198--Stop Drugs at the Source; relative to the People Executive Treaty signed by Speaker O'Neill ............................ 2055 SR 199--Roger Bowling; regrets at passing ............................ 2055 SR 200--Gerald Willis; recognize ..................................... 2055 SR 201--Robert E. Lee Institute Junior Army ROTC Rifle Team; commend ........................................... 2055 SR 202--Mayor Richmond Daniel Hill; commend ....................... 2669 SR 203--Committee to Study No-Fault Liability Insurance; create ....... 2198 SR 204--Brick; gratitude to.......................................... 2117 SR 205--Paul Davis; gratitude to ..................................... 2117 SR 206--Terri Gibbs; gratitude to .................................... 2117 SR 207--Allman Brothers; gratitude to ................................ 2117 SR 208--Razzy Bailey; gratitude to ................................... 2117 SR 209--Jerry Reed; gratitude to.................................... 2117 SR 210--Bruce Blackman; gratitude to ................................ 2117 SR 211--Bertie Higgins; gratitude to .............. ................... 2117 SR 212--Tommy Roe; gratitude to. ................................... 2117 SR 213--Brenda Lee; gratitude to .................................... 2117 SR 214--Bill Anderson; gratitude to .................................. 2117 SR 215--Ray Stevens; gratitude to. ................................... 2117 SR 216--Honorable Lester G. Maddox; expressing good wishes ............................................... 2229 SR 217--Dale C. Smith; recognize .................................... 2669 SR 218--Jeff Henderson; appreciation for .............................. 2229 SR 219--Adjournment; relative to, March 1 to March 3, 1983 ................................... 2184, 2187, 2191 SR 220--Guy Sharpe; wish speedy recovery ............................ 2229 SR 221--Frank Asbell Thomas; commend.............................. 2229 SR 222--Malcolm Daniel Stephens; commend .......................... 2229 SR 223--Thomas A. Luckie; commend ................................ 2230 SR 224--Michael Andre Donnella; commend ........................... 2230 SR 225--W. Elmer George; commend and invite to appear in Senate ...... 2669 SR 226--Georgia Christian School Basketball Team; commend ........... 2669 SR 227--Phi Mu Fraternity; recognize on 131st anniversary .............. 2669 SR 228--Senate Human Resources Committee; conduct program for care of troubled children ................................. 2621 SR 229--Bremen Jaycees; commend................................... 2301 SR 230--Bremen Pilot Club; commend ................................ 2301 SR 231--Bremen Lions Club; commend ............................... 2301 SR 232--Bremen Veterans of Foreign Wars; commend. .................. 2301 SR 233--Bremen Sorosis Club; commend .............................. 2301 SR 234--Cedar Valley Shrine Club; commend .......................... 2302 SR 235--Cartersville Lions Club; commend ............................ 2302 SR 236--Dallas Woman's Club; commend ............................. 2302 SR 237--Rockmart Woman's Club; commend .......................... 2302 SR 238--Rockmart American Legion Auxiliary; commend................ 2302 SR 239--Rockmart Order of the Rebeccas; commend.................... 2302 SR 240--Rockmart Rotary Club; commend ............................ 2302 SR 241--Rockmart Lions Club; commend ............................. 2302 SR 242--Rockmart Order of Eastern Star; commend .................... 2302 2960 INDEX SR 243--Rockmart Junior Chamber of Commerce; commend ............. 2302 SR 244--Rockmart Order of the Odd Fellows; commend ................. 2302 SR 245--Rockmart Kiwanis Club; commend ........................... 2303 SR 246--Rockmart American Legion Post Number 12; commend ......... 2303 SR 247--Paulding County Ruritan Club; commend...................... 2303 SR 248--Gregg Allman; commend .................................... 2339 SR 249--Bertie Higgins; commend .................................... 2339 SR 250--Tommy Roe; commend...................................... 2339 SR 251--Freddie Weller; commend ................................... 2339 SR 252--Tim McCabe; commend ..................................... 2339 SR 253--Ben Jones; commend........................................ 2339 SR 254--Mac Frampton; commend ................................... 2339 SR 255--Buckwheat Cloggers; commend ............................... 2670 SR 256--Albert Coleman; commend .................................. 2670 SR 257--Charles M. Stripling III; commend ........................... 2670 SR 258--Dr. Charles Truman Brown; honor............................ 2670 SR 259--Honorable Bo Ginn; commend on outstanding service ............ 2720 SR 260--Rick Camp of Atlanta Braves; commend ...................... 2886 SR 261--Adjournment; relative to, sine die, March 4, 1983. ......... 2889, 2926 INDEX 2961 PART II HOUSE BILLS AND RESOLUTIONS HB 1--Appropriations for Operation of State Government; supplemental to June 30, 1983 ......................... 57, 58, 76, 86, 109, 110, 270, 271, 305, 464 HB 2--Real Estate Transfer Tax; recorded instrument constitutes legal notice......................... 98, 102, 2030, 2032, 2671, 2869 HB 3--Official Code of Georgia; correct errors, provide for revisions as a result of new Constitution ....... 58, 63, 78, 88, 92, 274 HB 4--Official Code of Georgia; Election Code correct certain errors, provide for revisions .............. 58, 63, 78, 88, 95, 274, 288 HB 6--Act Providing Comprehensive Treatment of Alcoholics; change effective date. ................ .712, 716, 797, 839, 1426, 1482 HB 7--Aggravated Assault; bailable by court of inquiry rather than superior court judge .................. 72, 76, 537, 566, 603, 622 HB 8--Criminal Procedure; reimbursement to counties for capital felony expenses ...................... 627, 631, 755, 801, 1070, 1093 HB 10--Hospice Care; provisions for health care for terminally ill. .................. 1111, 1114, 1495, 1561, 1678, 2231, 2401, 2931 HB 11--Commercial Fishing Boats with Power-Drawn Nets; penalties for illegal activities ................... 627, 631, 799, 840, 1070, 1088 HB 12--Superior Courts; change certain filing fees ......................... 98, 102, 1416, 1497, 1573, 1580, 2619 HB 15--Banking and Finance Department; change definition of bank .............................. 71, 74, 636, 677, 723, 738 HB 16--General Assembly; Secretary of Senate and Clerk of House, election provisions ...................... 71, 74, 636, 677, 723, 739 HB 17--State Education Board; change provisions on vacancies............................... 71, 75, 636, 678, 723, 740 HB 18--County Treasurers; election provisions ........................ 98, 103, 636, 678, 723, 741, 1239 HB 19--Universities; Regents Board scholarship program, elderly citizens attend without charge ............ 72, 75, 636, 678, 723, 743 HB 20--Industry and Trade Department; expend funds for business meals and incidental expenses for industrial prospects .................. 72, 75, 636, 678, 723, 744 HB 21--Elected Officials; referendum required to abolish or change term during term to which elected ........ 72, 75, 798, 840, 1133, 1225 HB 22--Pardons and Paroles Board; chairman, removal of members, reports, death sentence suspension ........ 72, 75, 636, 678, 723, 745 HB 23--Criminal Case Indictment; accused receive copy of accusation, list of witnesses furnished on demand ....... 72, 75, 636, 678, 723, 746 HB 24--Governor; change provisions relating to oath of office ....................... 80, 84, 757, 802, 971, 1070, 1074, 1239 HB 25--Director of Veterans Service; change title to Commissioner of Veterans Service ............................... 80, 84, 757, 802, 1341, 1362 HB 26--Industry and Trade Board; creation and composition ................. 80, 84, 798, 840, 971, 1070, 1081, 1239 HB 27--Corporations; change number of directors required when registering with Secretary of State ....... 80, 84, 757, 802, 1342, 1369 2962 INDEX HB 28--Election Code; voter registration ........................... 81, 85, 757, 802, 1342, 1370 HB 29--Municipal Election Code; election returns, procedure for filing .............................. 81, 85, 757, 802, 1342, 1371 HB 30--Laws and Joint Resolutions; maintenance and publication of enrolled Acts................. 98, 103, 757, 802, 1342, 1374, 1553 HB 31--First Commercial Oil Well; reward.. ............................. 99, 103, 757, 802, 1342, 1377 HB 32--Voter Registration; qualifications under Election Code .......................... 99, 103, 757, 803, 1342, 1380, 1552 HB 33--General Assembly Members; oath of office ................... 99, 103, 757, 803, 1342, 1375, 1551, 2180, 2187, 2335, 2741, 2934 HB 34--Offender Rehabilitation Board; provisions on creation.................... 99, 103, 798, 840, 971, 1070, 1084, 1239 HB 35--Election Code; primary runoff, provisions on those eligible to vote............................... 99, 104, 757, 803, 1342, 1395 HB 36--General Assembly; President Pro Tempore of Senate and Speaker Pro Tempore of House, powers and duties when presiding ............................. 99, 104, 757, 803, 1507, 1509 HB 43--Motor Vehicle Liability Insurance; coverage for certain accidents caused by unknown operator ................. 668, 673, 906, 965, 1133, 1227, 2739, 2744 HB 44--Negotiable Notes; assignment provisions in Commercial Code .............................669, 673, 1247, 1333, 1507, 1510 HB 45--Wills, Estates; probate in solemn form, service of notice of petition may be mailed. ....... 529, 533, 1558, 1636, 1776, 2056, 2165 HB 46--Deceased Employee; provisions for payment of wages to survivors .................................. 1403, 1408, 1558, 1636 HB 49--Cancer Patients; right to informed consent to medical procedures ...................................... 669, 673 HB 50--State Boxing Commission; provide ............ 291, 296, 756, 803, 971, 1070, 1071, 1238 HB 51--Dispossessory Proceedings; payment of rent into court ................................. 291, 296, 537, 566, 603, 623 HB 56--Military Recruiters; access to campus in public secondary schools ............... 529, 533, 755, 803, 845, 1070, 1099 HB 58--Juvenile Proceedings; court other than court of residence may make disposition ................. 273, 280, 797, 840, 1133, 1226 HB 66--Sunset Law; change termination date of Athletic Trainers Board .............................. 291, 296, 756, 804, 1070, 1098 HB 68--Unlawful Firearm Possession by Felons; relief from penalties, certain cases. ................ 593, 595, 2199, 2201, 2670, 2684, 2932 HB 70--Railroad Companies; annual meetings of shareholders ........................... 291, 296, 637, 679, 723, 747 HB 71--Real Estate License Fees; change certain provisions ................... 669, 673, 1249, 1333, 1507, 1511, 2019 HB 72--Bad Checks; present consideration include child support ..................... 556, 561, 1117, 1252, 1507, 1518, 2193 HB 75--County Boards of Tax Assessors and Boards of Equalization; provisions on age of members, filling of vacancies. .............. 953, 957, 1330, 1418, 1507, 1573, 1574, 2019 HB 76--Murray County; new board of education ................................... 81, 85, 299, 470, 475 INDEX 2963 HB 77--Vehicle Equipment Safety Compact; Georgia party state, provisions for withdrawal ....................... 627, 632, 757, 804, 1341, 1361 HB 79--Guardian of Minor; provision for temporary appointment ..................... 1403, 1409, 2027, 2032, 2231, 2389 HB 80--Emergency Medical Technicians; render certain services in hospital ................... 1111, 1114, 1495, 1561, 1776, 2231, 2408 HB 81--Government Owned Emergency Vehicles; permits for flashing flights valid for five years. ............ 900, 903, 964, 1062, 1133, 1214 HB 82--Alapaha Judicial Circuit; change terms of court. .......................... . .273, 280, 757, 804, 1133, 1149 HB 83--Antiterrorism Task Force; create within Georgia Bureau of Investigation....................... 556, 561, 1416, 1497, 1573, 1581 HB 84--Pickens County Small Claims Court; create ...................................... 81, 85, 105, 283, 303 HB 85--Fulton County Industrial District; continue ............................. 1046, 1055, 1415, 1497, 1566 HB 87--Public Agencies Purchasing Meals; competitive bidding ...................................... 273, 280 HB 88--Buying Farm Products; free of security interest if seller engaged in farming................................. 274, 280 HB 89--Licensed and Bonded Warehouses; remove certain exemption, change certain license requirements for grain dealers ................ 274, 280, 1632, 1640, 2055, 2072, 2194 HB 90--Grain Dealers; application for license, financial statement, bond requirements.................. 274, 281, 1632, 1640, 2232, 2460 HB 92--Government Property; use for indecent purpose, penalties, definition......................... 292, 297, 636, 679, 723, 763, 766 HB 93--Motorcycles; liability insurance coverage ........................ 1407, 1409, 2199, 2201, 2670, 2722 HB 94--Peace Officers' Annuity and Benefit Fund; disability benefits........................................ 791, 794 HB 96--Firearm Discharge on Sunday; allow under certain circumstances, hunting on publicly owned land ............................. 292, 297, 636, 679, 723, 763, 766 HB 103--Child Abuse; name of child made public by news media unlawful ............................ 627, 632, 797, 840, 1133, 1213 HB 104--Controlled Substances; certain nonnarcotic substances excluded, delete from and add to dangerous drug list.................................. 712, 717, 797, 840, 970, 1034 HB 107--Employees' Retirement System; credit for certain military service ............... 1393, 1394, 2200, 2202, 2670, 2687, 2739, 2782 HB 109--Resource Recovery Development Authority Law; renewable energy resources .............................. 292, 297, 536, 566, 603, 624 HB 112--City of Thomaston; Education Board, selection of members .................................. 100, 104, 299, 470, 475 HB 115--Cemeteries; registration and regulation ...................... 627, 632, 798, 841, 971, 1070, 1073 HB 116--Criminal Possession of One Ounce of Marijuana; municipal courts authorized to try cases ............................. 274, 281, 1059, 1122, 1425, 1480 HB 118--Post Mortem Examination Act; time limit for release of certain dead bodies .............. 953, 958, 2029, 2032, 2671, 2828 HB 119--Labor Department; supplemental appropriation relating to employment security .............. 1111, 1114, 1414, 1497, 1573, 1582 2964 INDEX HB 121--Magistrate Court; establish in each county, powers and duties. . ...................... 955, 958, 1416, 1497, 1573, 1583, 1776, 2230, 2242, 2415, 2434, 2723, 2725, 2747, 2937 HB 127--Tax Execution; issuance and assessment of fees ............................ . .628, 632, 1416, 1498, 1573, 1583 HB 128--Interest Rates; higher under certain conditions ...................... 669, 673, 835, 908, 971, 1039, 1239 HB 129--Scoliosis; screen public school children .......... 900, 904, 1495, 1561, 1678, 1775, 1959, 2130, 2134, 2187, 2318, 2431, 2933 HB 130--Driving Under the Influence of Alcohol or Drugs; penalties ............................ 593, 596, 837, 908, 970, 1016, 1112, 1153, 1203, 1204, 1605, 1631 HB 133--Criminal Justice Coordinating Council; additional members ....................... 275, 281, 757, 804, 971, 1038, 1553 HB 134--Purchases by State Agencies; increase dollar limit authorized without competitive bids .............................. 900, 904, 1117, 1252, 1342, 1373 HB 135--Bonds, Recognizances; certain offenses not bailable ............................... 729, 1416, 1498, 1573, 1584 HB 136--Criminal Extraditions; certain documents issued under executive seal ......................... 292, 297, 474, 539, 570, 603, 611, 874 HB 137--Juvenile Proceedings; disposition orders for restrictive custody ........................... 556, 561, 1635, 1640, 2231, 2439 HB 138--Retired Teachers; allowed to substitute teach, certain circumstances. . ......... 712, 717, 1118, 1253, 2671, 2728, 2825, 2852 HB 139--Consumers' Utility Counsel; powers and duties, change certain provisions. .................. .713, 717, 962, 1062, 1133, 1151 HB 140--Consumer Advisory Board; provide for new members, terms of office.............. 593, 596, 756, 804, 846, 1070, 1097, 1292, 1311 HB 142--Family Violence Shelters; not licensed as personal care home .......................... 530, 533, 797, 841, 1070, 1096 HB 145--State Courts; provide for creation and uniformity. .................. 791, 794, 1634, 1641, 2230, 2294, 2618 HB 149--Garnishment; in certain cases garnishee immediately answer summons. ....................... 1111, 1114, 1635, 1641, 1775, 1965 HB 153--Firemen, Prison Guards, Policemen Indemnification; redefine firemen ...................... 557, 561, 757, 804, 1261, 1305 HB 159--Medical Education Board; continue existing board............................ 540, 541, 597, 638, 682, 709, 722, 723, 874, 890, 1208, 1231, 1470, 1552 HB 163--Appropriations for Operation of State Government; for Fiscal Year July 1, 1983 to June 30, 1984. ..... 1484, 1489, 1632, 1641, 1775, 1776, 2018, 2067, 2080, 2088, 2461, 2618 HB 168--Highways; vehicles, weights and loads, correct error relating to fees for excess weight ........................ 1236, 1242 HB 170--Employment Security Law; change certain provisions ..................... 557, 561, 798, 841, 1070, 1095, 1553 HB 171--Farm Wineries; licensing and regulating sales ............................ 628, 632, 1057, 1122, 1260, 1262, 1528, 1532, 1589, 1624, 2873, 2937 HB 173--Indemnification of Law Enforcement Officers; redefine prison guard ........................... 557, 562, 720, 760, 809, 824 HB 177--Wills; spouse to receive maximum amount of property allowed by federal law ................................... 530, 533 INDEX 2965 HB 179--Insurance; arrest bond certificates, guaranteed, provisions for trucking clubs .................. 901, 904, 1249, 1333, 1425, 1479 HB 180--Prescription Drugs; tax relief for 62 year olds for sales tax paid .............................. 828, 831, 1557, 1637, 1775, 2012 HB 185--Appalachian Judicial Circuit; create in Fannin, Gilmer and Pickens Counties ................... 628, 632, 1059, 1123, 1260, 1314 HB 186--Divorce; no final judgment until all issues adjudicated............................................. 530, 534 HB 1:8--Corporation; number of directors required ........................ 1112, 1114, 1249, 1333, 1425, 1457 HB 189--Certain State Officials; change salaries ............................. 1237, 1242, 1414, 1498, 1573, 1586, 1629, 1681, 1682, 1711, 2020, 2069 HB 190--City of Pineview; change provisions on ad valorem taxation................................... 292, 297, 474, 539, 567 HB 191--Sumter County Sheriff; change salary ................................... 292, 297, 474, 539, 567 HB 192--Sumter County Tax Commissioner; compensation .............................. 292, 298, 474, 539, 568 HB 193--Sumter County Officials; annual compensation .............................. 293, 298, 474, 539, 568 HB 194--Greene County-Ocmulgee Judicial Circuit; change terms of court............................. 293, 298, 757, 804, 1133, 1229 HB 195--Ocmulgee Judicial Circuit; drawing of grand juries in each county ......................... 293, 298, 757, 805, 1133, 1232 HB 196--Firemen's Pension Fund; redefine fireman and volunteer fireman ........................ 1405, 1409, 1635, 1641, 2056, 2131 HB 197--Seminole County Board of Education; election ................................... 465, 468, 474, 539, 568 HB 199--Superior Court Judges Retirement System; remove provisions relating to retirement after age 70.................................... 1484, 1489, 2200, 2201 HB 206--Armed Robbery Sentence; inmates serving time not entitled to earned-time ............................... 557, 562, 1740, 1741 HB 207--Appropriations for Operation of State Government; supplemental to certain departments to June 30, 1983 .. 747, 797, 841, 911, 912, 937, 955, 974, 1012, 1013, 1154, 1240 HB 209--Tenancy in Common; interests in property to be partitioned .................. 628, 633, 1496, 1561, 1677, 1702, 2019 HB 212--Sheriffs' Retirement Fund; increase board membership, change certain benefit provisions ...... 791, 794, 1118, 1253, 1341, 1358, 1553 HB 215--Wilcox County Small Claims Court; create .................................... 465, 468, 474, 539, 569 HB 216--Pardons and Paroles Board; power to grant pardon limited to certain cases of life imprisonment ....................... 530, 534 HB 219--Retirement Systems Standards Law; enact to assure actuarial soundness of public systems ............. 1322, 1326, 1635, 1641, 1775, 1965, 2184, 2291 HB 220--DeKalb County Probation System; become part of State-wide system .................................... 529, 534, 719, 760, 807 HB 221--Funeral Expenses; pay from certain deposits of deceased ............................ 628, 633, 835, 909, 1070, 1087 HB 222--Child Custody; temporary orders under certain conditions ........................ 530, 534, 635, 679, 723, 763, 767 2966 INDEX HB 230--Ad Valorem Tax; property devoted to agricultural purposes, preferential assessment ........ 828, 831, 1415, 1498, 1573, 1593, 1738 HB 231--Crime of Fleeing Police Officer; change punishment........................ 628, 633, 1496, 1561, 2056, 2164 HB 236--Marriage; delete Code section providing husband as head of household.... 1393, 1394, 2200, 2201, 2670, 2682, 2725, 2886, 2887 HB 242--Local Government Investment Pool; utilized by additional agencies .................... 829, 832, 1058, 1123, 1261, 1341, 1356 HB 243--Teachers Retirement System; credit military service if honorably discharged .................................... 953, 958 HB 245--Bad Checks; restitution allowed as part of penalty ................................... 1236, 1242, 1416, 1498, 1573, 1677, 1718, 1990, 2015, 2187, 2290, 2704, 2933 HB 246--Specialized Land Transactions; regulate time-share estates ............................ 901, 904, 1057, 1123, 1507, 1520 HB 247--Downtown Development Authority Law; change legislative purpose ............ 669, 673, 2029, 2032, 2231, 2452, 2931 HB 249--Athletic Events; ticket scalping, change certain provisions, allow service charge ..... 953, 958, 1496, 1561, 1677, 1681, 1710, 2193 HB 250--Employment Security Law; increase maximum weekly benefit amount......................... 974, 1249, 1334, 1425, 1477 HB 254--Motor Vehicles; provisions relating to public transit system buses transporting school children............................ 713, 717, 964, 1062, 1133, 1212 HB 255--State Tollway Authority; Department of Transportation provide maintenance and operational assistance ...................... 593, 596, 757, 805, 845, 1070, 1094 HB 257--Forsyth County School Superintendent; appointed by board of education ......................... 528, 534, 596, 639, 680 HB 260--Heard County Commissioner; compensation .............................. 528, 534, 675, 721, 761 HB 261--Heard County Superior Court Clerk; compensation .............................. 528, 535, 675, 721, 761 HB 262--Heard County Sheriff; compensation .............................. 528, 535, 675, 721, 762 HB 263--Heard County Tax Commissioner; compensation .............................. 529, 535, 675, 721, 762 HB 264--Heard County Probate Court Judge; compensation .............................. 529, 535, 675, 721, 762 HB 266--Employees' Retirement System; change rate of interest used by System ............ 1112, 1115, 1417, 1498, 1573, 1775, 1960 HB 272--Peace Officers' Annuity and Benefit Fund; change certain procedures and benefits .......................... 1486, 1491 HB 273--Teachers, Employees' and Public School Employees Retirement Systems; change provisions, redefine terms ............. 1393, 1394, 1635, 1641, 1775, 2006, 2193 HB 277--Obscene Material; distribution to minors unlawful ............................................. 1476, 1488 HB 278--Jekyll Island State Park Authority; sell alcoholic beverages for consumption on premises ................ 791, 794, 963, 1062, 1133, 1209, 1551, 1705 HB 279--Richmond County; abolish office of county treasurer and create treasurer emeritus ............................... 529, 535, 2028, 2032, 2208 INDEX 2967 HB 280--City of Perry; reincorporate and provide new charter .............................. 749, 753, 906, 965, 1067 HB 282--Tax Sale; amount required for redemption of property if purchased by political subdivision ...................... 1486, 1491, 2027, 2033, 2231, 2410 HB 285--Urban Residential Finance Authorities for Large Municipalities; board members, compensation .............................................. 1536 HB 286--Insurance; fees and taxes .......... 1049, 1053, 1249, 1334, 1507, 1521 HB 287--Manufactured Housing; fees required .................. 1407, 1409, 1494, 1561, 1677, 1724, 2020 HB 288--Crossbows for Hunting; handicapped person may use, prohibit use of silencers on guns....... .713, 717, 799, 841, 1070, 1091 HB 289--Cherokee and Forsyth Counties; judge and solicitor salaries ................................. 529, 535, 962, 1062, 1125 HB 294--Cosmetologists; change definition, licensing provisions and board membership.......... 1485, 1490, 1634, 1641, 2056, 2119, 2194 HB 297--Adequate Program for Education (APEG); school bus drivers, minimum salaries .......... 1405, 1409, 1632, 1641, 2056, 2114, 2619 HB 298--City of Athens; limit authority to adopt rules on charging fees for service............................. 1402, 1412, 1634, 1642 HB 299--Crime of Shoplifting; redefine ........................... 953, 958, 1634, 1642, 2056, 2089 HB 301--Macon-Water Commissioners Pension; redefine board ............................. 529, 535, 596, 639, 680 HB 302--Macon-Bibb County Water and Sewerage Authority; license permit.............................. 557, 562, 836, 909, 967 HB 308--North Georgia College Military Scholarships; change military requirements upon graduation, provisions on nominees ........ 669, 674, 1248, 1334, 1425, 1459, 2192 HB 310--Pharmacies; procedures relating to third-party prescription programs.................. 1146, 1147, 1558, 1637, 2055, 2058, 2618 HB 311--Jefferson County Tax Commissioner; compensation .......................... 557, 562, 755, 805, 842, 937 HB 312--Jefferson County; abolish office of treasurer, provide person to perform ................................ 557, 562, 755, 805, 844 HB 313--Death Penalty Cases; date of execution, Attorney General and attorney of record must be notified ......................... . . 558, 562, 1117, 1253, 1426, 1481 HB 314--Election Code; provide nonpartisan election of judges, certain local officials .......... 669, 674, 1117, 1253, 1342, 1381, 1553 HB 318--Motor Vehicle Registration; nonresident students attending school exempt ................ 749, 752, 964, 1062, 1132, 1144, 1324 HB 320--Forestry Commission Director; not classified service as pertaining to Merit System ........ 1237, 1242, 1559, 1637, 2056, 2084 HB 322--City of Decatur; change corporate limits. . . . 626, 633, 1116, 1253, 1337 HB 324--Public Utility Company; covering and conveying after-acquired property .................... 670, 674, 1635, 1642, 1775, 1991, 2193 HB 325--Child Support Recovery Act; acknowledging paternity, garnishment provisions, definitions .................... 670, 674, 797, 841, 1507, 1522, 2186, 2286, 2348, 2388, 2732, 2934 HB 326--Bonds, Criminal Procedure; forfeiture proceedings, time limit on forfeiture if no judgment rendered .......................... 829, 832, 1740, 2671, 2789, 2936 2968 INDEX HB 327--Private Schools; regulation by State agencies not permitted . . . 828, 832, 1415, 1498, 1573, 1677, 1678, 2130, 2184, 2284 HB 328--Lincoln County Superior Court Grand Jury; terms may be convened .................... 828, 832, 1132, 1634, 1642, 2671, 2876 HB 329--Natural Resources; reciprocity agreements with certain states on hunting, change certain fees ............................ . .792, 795, 1060, 1123, 1342, 1396 HB 330--Peddling; no license for veterans. ......................... . .713, 717, 962, 1062, 1507, 1523 HB 332--Superior Court Clerks; minimum annual salaries ........................... .628, 633, 963, 1063, 1133, 1227 HB 333--City of Jasper; provide for incorporation and power .................................... 626, 638, 836, 909, 967 HB 334--City of Canton; change corporate limits................................... 668, 675, 962, 1063, 1126 HB 335--Motor Vehicle License Plates; special tags to commemorate bicentennial of University of Georgia ............................ 829, 832, 964, 1063, 1133, 1207 HB 338--Cobb County Board of Commissioners Chairman; compensation ......................... 1441, 1464, 2198, 2202, 2623 HB 339--MARTA; sales tax at one percent until June 30, 2012, and one-half percent thereafter ............................ 1552, 1632, 2028, 2033, 2208 HB 340--MARTA; procedures on bids, contracts and reports, use of proceeds of taxes and bonds, deferred compensation plans ..................... 1403, 1410, 2029, 2033, 2231, 2444, 2932 HB 341--City of Adel; provide election districts ................................... 626, 634, 836, 909, 967 HB 344--City of Pooler; increase membership on Aldermanic Board .................................... 626, 634, 836, 909, 968 HB 345--City of Garden City; extend corporate limits..................................... 627, 634, 836, 909, 968 HB 347--Insurance Companies; prepaid legal services plans, include life, accident and sickness as those authorized to write........................... 901, 904, 1249, 1334, 1425, 1468 HB 348--Fair Employment Practices Act; revise existing provisions on labor practices ............................ 1393, 1394, 1634, 1642, 2231, 2371, 2724, 2736 2739, 2740, 2836, 2937 HB 350--Atkinson County Board of Commissioners; compensation ......................... 1441, 1464, 1739, 1742, 2041 HB 351--Clayton County Board of Commissioners; reapportion districts ................................... 627, 634, 836, 909, 968 HB 352--City of Commerce; provide for city manager ............................. 627, 634, 836, 909, 968, 1238 HB 353--Heritage Trust Commission; extend until July 1, 1983 ....................... 829, 832, 1060, 1123, 1261, 1341, 1357 HB 355--Veterans' Driver's License; identification card issued free of charge to those entitled ............................ 750, 753, 962, 1063, 1507, 1524 HB 356--Hotel-Motel Tax; additional exemption ....................... 1404, 1410, 1557, 1637, 1775, 1964 HB 357--Motor Common Carrier; temporary emergency authority to operate ......................... 954, 958, 1250, 1334, 1425, 1469 INDEX 2969 HB 360--Fulton County Public Defender; provide ................... 1046, 1055, 2198, 2202, 2633, 2864, 2871 HB 361--Guardians of Minors; change bond requirements. ..................... .750, 753, 1057, 1123, 1507, 1535 HB 363--Group Life Insurance; increase maximum coverage for debtors ......................... 1393, 1394, 1558, 1637, 1775, 1962 HB 364--Bibb County; property at Lake Tobesofkee for hydroelectric plant ........................ 668, 675, 906, 965, 1067 HB 365--Mechanics' and Materialmen's Liens; change effective date in Code . . . 1322, 1326, 1634, 1642, 1775, 1987, 2185, 2288, 2620 HB 366--Nonprofit Contractors; annual audit reports to state agencies ........................ 1111, 1115, 1495, 1561, 1677, 1727 HB 368--County Boards of Equalization; alternate method of selecting ........................ 1485, 1490, 2029, 2033, 2886, 2911 HB 371--Jekyll Island State Park Authority; provisions for fire department to be operated by authority..................... 792, 795, 963, 1063, 1261, 1341, 1344 HB 373--Corporation; provisions relating to registration ...................... 1112, 1115, 1635, 1643, 1775, 1963 HB 374--General Assembly Legislation; define population bill. . 1236, 1242, 1635, 1643, 2230, 2300, 2621, 2676, 2738, 2788, 2835, 2937 HB 375--Trademark or Service Mark; increase renewal fee ....................... 1048, 1053, 1635, 1643, 1776, 2231, 2370 HB 379--Secretary of State; fee for accepting service of process ......................... 1486, 1491, 1634, 1643, 2056, 2090 HB 381--Crime of Escape; provisions for ......................... 670, 674, 1059, 1123, 1261, 1309, 1553 HB 385--License to Carry Firearms; change certain provisions ................. 1407, 1410, 1634, 1643, 1776, 2231, 2369 HB 386--Dentists and Hygienists; service of documents, licensing provisions ....................... 1049, 1053, 1634, 1643, 2056, 2091 HB 387--Richmond County; limits on levying and collecting ad valorem taxes .................... 1237, 1243, 1557, 1637, 2230, 2232 HB 388--Richmond County; manufacturing establishments, certain ad valorem tax exemptions continued ............................ 2018, 2024, 2198, 2202, 2624 HB 389--Local Legislation; advertisement of notices of intention to introduce...................... 670, 674, 837, 910, 1070, 1089, 1239 HB 391--Alcohol and Drug Courses; required for driver's license for persons under 18 years ............... . .670, 675, 757, 805, 845, 970, 1035, 1112, 1230 HB 393--Child Support; provisions for garnishment based upon court order ................................ 1486, 1491, 2199, 2201 HB 395--Tybee Island; change provisions on governing body ........................... 713, 718, 906, 966, 1067 HB 397--Law Enforcement Officers, Firemen, Prison Guards; indemnification, definitions.......... .829, 833, 1118, 1253, 1507, 1525 HB 399--Medical Examining Board; immunity when investigating licensee ..................... 829, 833, 1495, 1562, 1677, 1714, 2192 HB 400--Medical Practice; interns required to complete training before taking examination for license ........... 954, 959, 1495, 1562, 1775, 2055, 2073, 2186, 2332 HB 401--Livestock Dealers, Brokers, Packers; regulation, bond requirements............. 750, 753, 962, 1063, 1261, 1341, 1354 2970 INDEX HB 407--Canine Handlers; powers same as policemen ....................... 1403, 1410, 2030, 2033, 2670, 2720 HB 408--Clayton County; percent of educational funds for cost of collecting school taxes ................. 1046, 1055, 1247, 1334, 1421 HB 409--Clayton County Independent Schools; repeal amount of deduction from school tax ............................ 1047, 1056, 1494, 1562, 1674 HB 410--City of Palmetto; annex certain property where reservoir is located ............................ 1046, 1056, 1415, 1499, 1566 HB 415--City of Forest Park; terms of office of Mayor and Council Members ..................... 749, 753, 906, 966, 1068 HB 419--Joint County and City Sales Tax; new cities share in proceeds ...................... 1236, 1243, 1557, 1637, 2055, 2076 HB 420--Insurance; municipal license fees and taxes on premiums, life insurance companies. .... 1483, 1488, 2029, 2033, 2670, 2712, 2936 HB 421--Taxation; change certain provisions, procedures and penalties .................. 1236, 1243, 2027, 2033, 2231, 2391, 2932 HB 424--Elected Constitutional Officers; provide for succession in case of temporary disability............. 1048, 1053, 1558, 1638, 1775, 2230, 2303, 2618 HB 426--Tifton-Tift County Charter Commission; create ................................... 749, 754, 906, 966, 1068 HB 427--Securities Investor Protection Corporation; members exempt from surety bonds or deposit requirements. ................ 954, 959, 1415, 1499, 1573, 2056, 2118 HB 428--Residential Finance Authority; change membership, certain requirements and provisions on secondary market program.................... 953, 959, 1247, 1334, 1425, 1469 HB 429--Sexual Exploitation of Child; redefine minor ................. 954, 959, 1635, 1643, 1776, 2670, 2678, 2937 HB 430--Tallapoosa Judicial Circuit Superior Courts; change term ....................... 750, 753, 1059, 1124, 1261, 1341, 1355 HB 432--Student Loans; provisions under Private College and Universities Authority.. ............. 828, 833, 1248, 1335, 1507, 1526 HB 434--DeKalb-Fulton County; costs for superior court clerk's services ........................................ 1048, 1054 HB 435--Delayed Birth Registration; change provisions ....................... 1476, 1488, 1634, 1644, 2671, 2832 HB 436--Superior Court Clerks; change provisions on additional training, credit for retirement 1485, 1490, 1634, 1644, 1776, 2056, 2111 HB 437--Licensed Practical Nurses; reinstatement provisions for license, limitation on training hospitals ................ 1048, 1054, 1634, 1644, 1776, 2068 HB 438--Stone Mountain Memorial Association; continue as Stone Mountain State Park Authority .................... 1404, 1410 HB 439--Architecture Applicants; delete certain provisions on exams ....................... 1048, 1054, 1495, 1562, 1775, 1955 HB 440--State and National Banks, Federal Savings and Loans; revise taxation ................... 1237, 1243, 2027, 2034, 2230, 2355, 2724, 2728, 2825, 2829, 2897, 2937 HB 441--Grants to Local School Systems; State funds to offset revenue loss from change in taxes on banks........................... 1322, 1326, 2027, 2034, 2671, 2870 HB 443--Decatur County State Court; compensation of judge .................................. 790, 795, 1116, 1254, 1337 INDEX 2971 HB 447--Commercial Fishing License; seasonal resident, reduce fee....................... 1049, 1054, 1249, 1335, 1425, 1476 HB 448--Administrative Services Department; administer service to local political subdivisions under certain circumstances.................... 1484, 1489, 2029, 2034, 2231, 2387 HB 449--Richmond County Sheriffs Employees; merit system ............................... 1047, 1056, 2028, 2034, 2208 HB 452--Worth County Small Claims Court; change jurisdictional amount .................................. 790, 795, 906, 966, 1068 HB 458--Penal Institution Inmates; provisions on using certain restraints, leave privileges. ................. 1485, 1490, 2030, 2034, 2230, 2339, 2932 HB 460--Construction Industry Licensing Board; new Code Chapter. .................................... 901, 904, 1495, 1562, 2056, 2120, 2186, 2290, 2348, 2388, 2448, 2933 HB 465--Natural Resources Department Conservation Rangers; entitled to retain weapon and badge, certain conditions ............................................ 1237, 1243 HB 469--City of Vidalia; change provisions on fines for law violation ............................... 790, 795, 1058, 1124, 1256 HB 470--Montgomery County Board of Commissioners; compensation ........................... 790, 795, 1058, 1124, 1256 HB 471--Wheeler County Commissioner; compensation ........................... 791, 796, 1058, 1124, 1256 HB 474--Revenue Shortfall Reserve; midyear adjustment reserve, $5 million available to appropriate for FY 1983 ................. 937, 939, 1116, 1254, 1341, 1343 HB 475--Chatham County Board of Public Education; compensation ............................. 791, 796, 906, 966, 1068 HB 476--Municipal Corporation Home Rule Powers; redefine actions concerning criminal offenses and court ........................... 1237, 1244, 1740, 1741, 2056, 2116 HB 477--Public Utilities, Transportation; define private carrier .......................... 1049, 1054, 1250, 1335, 1425, 1458 HB 478--Criminal Case Continuance; party not required to be present at call if attorney is legislator ........................ 1404, 1410, 1635, 1644, 2671, 2827 HB 479--City of Lula; new charter ................ 899, 905, 1058, 1124, 1256 HB 480--Bibb County Board of Commissioners; repeal Act establishing............................. 826, 833, 2198, 2202, 2635 HB 481--Bibb County Civil Court; repealing of Act not affect retirement pay of certain ones. ............ 826, 833, 2198, 2203, 2636 HB 483--DeKalb County Board of Commissioners; powers and duties ............................... 1320, 1328, 2198, 2203, 2624 HB 485--Richmond County; elections in Augusta ............. 1236, 1244, 1416, 1499, 1573, 1776, 2230, 2233 HB 486--City of Summerville; create position of city manager ................................ 827, 834, 962, 1063, 1126 HB 487--City of Calhoun; new charter .............. 827, 834, 962, 1064, 1126 HB 488--Clayton County Probate Court Judge; compensation ............................ 827, 834, 962, 1064, 1126 HB 489--Clayton County Board of Commissioners; compensation of chairman. ............................... 827, 834, 962, 1064, 1127 2972 INDEX HB 490--Clayton County Tax Commissioner; compensation ............................ 827, 834, 962, 1064, 1127 HB 491--Clayton County Sheriff and Clerk of Superior Court; compensation ............................ 827, 834, 962, 1064, 1127 HB 492--Airports; private facilities located on lands owned or leased by political subdivisions subject to ad valorem tax. .................. 1392, 1394, 1494, 1562, 1677, 1709 HB 496--Clayton County State Court Solicitor; salary .................................. 827, 834, 962, 1064, 1128 HB 497--Stolen License Plates; reporting requirements to obtain duplicate ........................ 1486, 1490, 1635, 1644, 2886, 2912 HB 498--Clayton County State Court Judges and Solicitor; compensation ....................... 827, 835, 963, 1064, 1130, 1406 HB 499--City of Reynolds; bids for contracts for labor ................................... 827, 835, 963, 1064, 1128 HB 501--DeKalb County Superior Court Clerks; fees ................................................. 1047, 1056 HB 504--Property, Mortgages; furnishing of cancellation upon payment, define terms........................... 1049, 1054, 1247, 1335, 1508, 1528 HB 505--Penal Institutions; earned-time allowances and early release provisions for inmates ........ 1393, 1395, 1417, 1499, 1775, 2001, 2067, 2175, 2617 HB 506--Henry County Board of Commissioners; compensation ........................... 828, 835, 1058, 1124, 1257 HB 507--Hospitals; certain psychologists have privilege staff membership .... 1048, 1055, 1495, 1563, 1678, 1776, 2056, 2124, 2617 HB 508--City of Columbus; redefine tort liability of the government............................. 791, 796, 2198, 2203, 2624 HB 509--Griffin Judicial Circuit; change county district attorney supplement ............................. 828, 835, 1058, 1124, 1257 HB 513--Recreation Examiners Board; change termination date ............................ 1407, 1411, 1559, 1638, 2056, 2133 HB 514--Tift County Board of Tax Commissioners; fix salary ................................. 899, 905, 1058, 1124, 1257 HB 515--Tift County Board of Commissioners Chairman; board of commissioners fix salary.................. 900, 905, 1116, 1254, 1338 HB 517--Ft. Valley Municipal Court; change provisions on penalties imposed ....................... 900, 905, 1058, 1124, 1258 HB 519--Savannah Municipal Court; compensation of judge ............................................. 1589, 1601 HB 526--Gainesville Municipal Court; change jurisdiction ............................. 900, 905, 1058, 1125, 1258 HB 527--Oakwood Recorder's Court; maximum fine may be imposed. . .............................. 900, 905, 1058, 1125, 1258 HB 528--Medical Assistance Department; federal funds for preadmission screening ................................. 1405, 1411 HB 530--Ad Valorem Tax, Homestead Exemption; date for filing, unlawful to file on behalf of another for a fee ....... 1406, 1411, 1557, 1638, 2055, 2180, 2283, 2369, 2620, 2676, 2784, 2938 HB 532--Capital Outlay Funds for Education; average daily attendance projections. ...................... 1321, 1326, 1633, 1644, 1776, 2056, 2084, 2189, 2393, 2620, 2709, 2738, 2786, 2827, 2830, 2880, 2927, 2938 INDEX 2973 HB 533--Augusta City Council; abolish certain offices and change selection of members..................................... 900, 906 HB 534--Richmond County Board of Commissioners; composition and qualifications . . . 1402, 1413, 2198, 2203, 2637, 2855, 2857, 2885, 2886 HB 537--Columbia County Board of Commissioners; change composition of districts ........................ 951, 959, 2028, 2034, 2218, 2618 HB 538--Columbia County Board of Education; change composition of districts ........................... 951, 960, 2028, 2034, 2223, 2618 HB 539--City of Flowery Branch; maximum fine which may be imposed by Mayor's Court ............... 951, 960, 1116, 1254, 1338 HB 540--Brooks County Special Fire Protection District; amount of property subject to tax ................... 951, 960, 1116, 1254, 1338 HB 541--Irrigation Systems; specify those required to have anti-syphon devices ......... 1237, 1244, 1414, 1499, 1573, 2671, 2877 HB 544--Hospitals; provide certain information regarding charges ......................... 1238, 1244, 2029, 2035, 2231, 2458 HB 545--Fair Business Practices Act; provisions for hospital billing .......................... 1407, 1411, 2029, 2035, 2230, 2347 HB 548--Offender Rehabilitation Department; internal investigation reports classified as confidential...................... 1405, 1411, 2030, 2035, 2232, 2459 HB 550--Fulton County State Court; terms of court ................................ 1536, 1543, 2198, 2203, 2625 HB 551--Hospital Liens; nursing home care, treatment and services ................... 1048, 1055, 1495, 1563, 1678, 2056, 2083 HB 554--Richmond County Board of Education; change composition ............................................ 952, 960 HB 555--Annexation; after deannexation not subject to annexation for period of five years ............ 1236, 1244, 1330, 1418, 1508, 1529 HB 556--Brunswick-Glynn County Charter Commission; extend time to complete work........................ 952, 960, 1739, 1742, 2041 HB 557--Wilkinson County Board of Commissioners; compensation ........................... 952, 960, 1415, 1499, 1566 HB 558--Wilkinson County Board of Commissioners; change provisions on election .................... 952, 960, 1415, 1499, 1567 HB 561--Wilkinson County; election of new Board of Education .............................. 952, 961, 1415, 1499, 1567 HB 562--City of Sale City; change terms and procedures for election ............................. 952, 961, 1116, 1254, 1338 HB 563--Clayton County Board of Commissioners; change provisions on meetings ................... 952, 961, 1116, 1254, 1339 HB 564--City of Winterville; change certain provisions of police court ............................ 952, 961, 1116, 1254, 1339 HB 566--Water and Sewer; use of guaranteed revenue bonds to finance local project ................... 1324, 1326, 1740, 2056, 2129 HB 567--Georgia Development Authority; revise provisions relating to. ................ 1324, 1327, 1740, 1741, 2056, 2134, 2193 HB 568--Used Car Dealers; laws regulating ....................... 1407, 1412, 2028, 2035, 2231, 2457 HB 569--City of Augusta; continue exemption from ad valorem on certain capital improvements ............ 2018, 2024, 2198, 2203, 2625 HB 570--Bibb County State Court; provide for warrant officers .................... 953, 961, 2198, 2204, 2646, 2931 2974 INDEX HB 574--DeKalb County State Court; remove certain county residency requirements ................. 1047, 1056, 1415, 1500, 1567 HB 575--Baldwin County Board of Education; delete certain provisions on compensation ............. 1047, 1057, 1247, 1335, 1421 HB 577--Forsyth County Board of Education; change composition of districts ........................... 1047, 1057, 1247, 1335, 1421 HB 578--Forsyth County Board of Education; change composition of districts ........................... 1047, 1057, 1247, 1335, 1422 HB 580--Supreme Court; may extend terms by rule or order ..................... 1322, 1327, 1740, 1741, 2056, 2166, 2617 HB 581--Judges; exercise judicial powers outside own court ........................... 1322, 1327, 1634, 1644, 2230, 2334 HB 585--Hospitals; approved disaster preparedness plan ...................... 1404, 1412, 1634, 1645, 1775, 2056, 2127 HB 587--Hall County School District; district boundaries for Board of Education ......................... 1110, 1115, 1247, 1335, 1422 HB 590--Jasper County; abolish office of treasurer ............................. 1110, 1115, 1415, 1500, 1568 HB 595--Rabun County Superior Court Clerk; change compensation ......................... 1110, 1115, 1247, 1336, 1422 HB 596--Cobb County State Court; change jurisdiction ...................... 1441, 1465, 2199, 2204, 2647, 2931 HB 598--Chatham County Hospital Authority Board; repeal Act providing for appointment .............................. 2079, 2088 HB 601--Liberty County Probate Court Judge; annual salary ............................... 1110, 1115, 1247, 1336, 1422 HB 605--Personal Property Foreclosure; writ of possession to owner of rented property .......... 1441, 1464, 1634, 1645, 2231, 2390 HB 606--Public Officials and Employees; prohibit certain conduct .............. 1405, 1412, 2029, 2035, 2671, 2791, 2880, 2884 HB 607--Downtown Marietta Development Authority; enlarge Downtown Marietta district ...................... 1111, 1116, 1415, 1500, 1568 HB 608--Administrative Services Department; financial provisions for seminars and lectures .......... 1483, 1488, 1634, 1645, 1775, 2011 HB 609--Fulton County Magistrate Court; appointment of magistrates ........................... 1536, 1543, 2198, 2204, 2625 HB 611--Talbot County Board of Commissioners; change provisions on election .................. 1234, 1245, 1494, 1563, 1674 HB 612--Terrell County Small Claims Court; costs in certain garnishment cases ..................... 1234, 1245, 1415, 1500, 1568 HB 613--Newton County Small Claims Court; additional fees ....................... 1234, 1245, 1415, 1500, 1568 HB 614--Colquitt County Schools; continue use of proceeds of local sales tax ...................... 1234, 1245, 1558, 1638, 1747 HB 615--Hart County Probate Judge; compensation .................... 1235, 1245, 1494, 1563, 1672, 2020 HB 616--Appling County Board of Commissioners; reflect selection of 6-members by voters ........................ 1321, 1328 HB 620--Superior Court Judges; change provisions on training seminars ...................................... 1321, 1327 HB 621--Dougherty County Sheriff, Supreme Court Clerk and Probate Court Judge; salary ............ 1111, 1116, 1248, 1336, 1423 INDEX 2975 HB 622--Nonpartisan Municipal Elections; qualification reopening upon death of candidate ................. 1487, 1492, 2029, 2035, 2231, 2450, 2932 HB 625--Alcoholic Beverages; special elections to change provisions for distribution. . . . 1487, 1492, 2028, 2035, 2230, 2352, 2932 HB 627--Airports; when city and county owned, license to sell alcoholic beverage . 1322, 1327, 1415, 1500, 1573, 1677, 1706, 2192 HB 628--Savannah-Chatham County Board of Education; district descriptions. .......................... 1235, 1245, 1494, 1563, 1675 HB 629--Atlanta; provide for urban enterprise zones ................................ 1536, 1543, 2198, 2204, 2626 HB 630--Ben Hill County Tax Commissioner; annual salary ......................... 1235, 1246, 1415, 1500, 1569 HB 631--City of Cedartown; change certain fines .......................... 1235, 1246, 1415, 1500, 1569 HB 632--City of Taylorsville; correct corporate limits................................ 1235, 1246, 1415, 1501, 1569 HB 633--Public Safety Board; change composition .......................... 1323, 1327, 1496, 1563, 1775 HB 634--Transacting Insurance in State; amount of paid-in capital stock required ........................... 1486, 1491 HB 636--Gwinnett County Board of Commissioners; district composition .......................... 1235, 1246, 1330, 1418, 1501 HB 638--Certain State Representative Districts; change composition ..................... 1323, 1328, 2029, 2036, 2231, 2437 HB 639--Reports of Disciplinary Actions Against Doctors; conditions ....................... 1485, 1490, 2029, 2036, 2230, 2354 HB 641--City of Columbus; change penalties for violations of ordinances............................ 1235, 1246, 1415, 1501, 1570 HB 642--Towns County Probate Court Judge; annual salary ............................... 1321, 1329, 1558, 1638, 1748 HB 643--Towns County Mountain Fair Authority; qualifications ......................... 1536, 1543, 1633, 1645, 1748 HB 645--Retail Installment Contract; fee for dishonored check........................... 1325, 1328, 1495, 1563, 1677, 1731 HB 647--Speaker of the House; method for determining permanent disability........................ 1323, 1328, 1559, 1638, 2230, 2335 HB 648--MARTA; construction, completion and operation priority ......................... 1325, 1328, 1559, 1638, 1775, 1934 HB 652--Laurens County Tax Commissioner; compensation ......................... 1589, 1601, 2028, 2036, 2209 HB 653--Laurens County Probate Court Judge; compensation ......................... 1590, 1601, 2028, 2036, 2209 HB 655--Glynn County Board of Commissioners; composition of election districts ...................... 1321, 1329, 1494, 1564, 1675 HB 656--Jones County Board of Education; compensation ........................ 1321, 1329, 1494, 1564, 1675 HB 658--Fulton County Library System; except from the operation certain provisions of that part of Atlanta within DeKalb County ............ 1536, 1543, 2198, 2204, 2651, 2739, 2787 HB 660--Walton County Sheriffs Personnel; change certain provisions...................... 1402, 1413, 1558, 1639, 1748 2976 INDEX HB 662--Constitutional Amendment on Richmond County-Augusta Board of Tax Assessors; continue ............................. 2018, 2024, 2198, 2204, 2626 HB 663--Richmond County Delinquent Tax Interest; change populations ........................... 2018, 2024, 2198, 2204, 2626 HB 665--Constitutional Amendment Authorizing Richmond County-Augusta Board of Health; continue ............................. 2019, 2024, 2198, 2204, 2626 HB 666--Richmond County; change compensation of certain officials .............................. 2019, 2025, 2198, 2205, 2627 HB 668--Rabun County Board of Commissioners; compensation ......................... 1403, 1413, 1633, 1645, 1749 HB 670--Cobb County; date on which taxes due and delinquent............................................ 1441, 1465 HB 673--Etowah Water and Sewer Authority; qualifications for election .............................. 1321, 1329, 1494, 1564, 1676 HB 674--Hall County Board of Commissioners; expense allowances ........................... 1321, 1329, 1494, 1564, 1676 HB 675--Garnishment; when pension, retirement subject to ....................... 1484, 1489, 1634, 1645, 1775, 1935 HB 676--Town of Oconee; fines which may be imposed by mayor or recorder's court ....................... 1403, 1413, 1739, 1742, 2042 HB 677--Walker County Probate Judge's Office Personnel; compensation ......................... 1403, 1413, 1633, 1646, 1749 HB 678--Walker County Tax Commissioner's Office Personnel; compensation ......................... 1403, 1413, 1633, 1646, 1749 HB 679--Walker County Superior Court Clerk's Office; compensation for personnel ......................... 1404, 1414, 1633, 1646, 1750 HB 680--Tallapoosa Judicial Circuit; District Attorney's expenses ............................................. 1441, 1465 HB 682--Clay County Board of Commissioners; change districts .......:...................... 1404, 1414, 1558, 1639, 1750 HB 687--Cobb County Juvenile Court Judge; compensation ......................... 2019, 2025, 2198, 2205, 2627 HB 688--City of Kennesaw; change corporate limits................................ 1536, 1543, 1739, 1742, 2042 HB 689--City of Marietta; grant mayor veto power ............................... 1442, 1465, 2198, 2205, 2627 HB 690--Certain Cobb County Officials; compensation ......................... 2017, 2025, 2199, 2206, 2632 HB 692--Cobb County State Court; compensation of clerk .............................. 2017, 2025, 2198, 2205, 2628 HB 693--Cobb County Probate Court Clerk; compensation ......................... 2017, 2025, 2198, 2205, 2628 HB 694--Cobb County Superior Court Clerk and Deputy; compensation ......................... 2017, 2025, 2198, 2205, 2628 HB 695--Cobb Judicial Circuit Superior Court Judges; supplement to be paid ................. 2017, 2026, 2198, 2205, 2629 HB 697--Cobb County Probate Court Judge; compensation ......................... 2017, 2026, 2198, 2205, 2629 HB 699--Catoosa County Superior Court Clerk; increase salary ............................... 1442, 1465, 1633, 1646, 1750 HB 700--Catoosa County Tax Commissioner's Office; clerical help pay ............................. 1442, 1465, 1633, 1646, 1750 INDEX 2977 HB 701--City of Brooklet; maximum punishment for violations. ............................ 1442, 1465, 1633, 1646, 1751 HB 705--Decatur County Airport Authority; create ............................... 1404, 1414, 2028, 2036, 2209 HB 707--Laws Applicable to General Assembly; certain constitutional principles .................... 1405, 1412, 1558, 1639, 2055, 2057, 2075, 2228, 2230, 2337, 2619 HB 708--City of Watkinsville; create and incorporate in County of Oconee ............................ 1442, 1466, 1558, 1639, 1751 HB 709--Oconee County Board of Commissioners; compensation ......................... 1442, 1466, 1558, 1639, 1751 HB 710--Newton County Probate Court; prosecution by citation served by agent ....................... 1442, 1466, 1739, 1742, 2042 HB 712--Carroll County State Court Judge and Solicitor; compensation ......................... 1590, 1602, 2198, 2206, 2629 HB 713--Carroll County Probate Court Judge; compensation ......................... 1442, 1466, 1633, 1646, 1752 HB 714--Carroll County Superior Court Clerk; compensation ......................... 1443, 1466, 1633, 1646, 1752 HB 715--Carroll County Commissioner; compensation .................... 1590, 1602, 2199, 2206, 2652, 2931 HB 716--Union County Board of Education; election .............................. 1443, 1466, 1633, 1647, 1752 HB 718--Clay County Tax Commissioner; abolish present mode of compensating. ...................... 1443, 1466, 1633, 1647, 1753 HB 719--Clay County Probate Court Judge; annual salary .......................... 1443, 1467, 1633, 1647, 1773, 2193 HB 720--Clay County Sheriff; certain maximum salary ............................... 1443, 1467, 1633, 1647, 1753 HB 721--Clay County Superior Court Clerk; annual salary ............................... 1443, 1467, 1633, 1647, 1753 HB 722--City of Jackson Mayor, Councilman; procedure for declaring seat vacant ........................... 1443, 1467, 1633, 1647, 1753 HB 729--City of Doraville Mayor and Council; term of office ................................ 1537, 1543, 2028, 2036, 2210 HB 730--City of Doerun; mayor and council, election .............................. 1537, 1544, 1633, 1647, 1754 HB 731--Henry County; compensation of certain officials .............................. 1537, 1544, 1633, 1647, 1754 HB 736--Cook County Board of Commissioners; compensation ......................... 1537, 1544, 1739, 1743, 2042 HB 737--Candler County State Court Judge and Solicitor; salary ............................... 1537, 1544, 1633, 1647, 1754 HB 738--Chattooga County State Court; create ............................... 1537, 1544, 1633, 1648, 1755 HB 739--City of Colbert Police Court; change punishment imposed for violations ......................... 1537, 1544, 1739, 1743, 2043 HB 740--City of Decatur; extend corporate limits................................ 1537, 1544, 2198, 2206, 2630 HB 741--City of Rome; extend corporate limits................................ 1538, 1545, 1633, 1648, 1755 HB 742--Rome City Commission; election ........ 1538, 1545, 1633, 1648, 1755 HB 743--Floyd County Manager; provide ......... 1538, 1545, 1633, 1648, 1755 2978 INDEX HB 744--Floyd County Merit System Act; additional exemption from coverage under system ................. 1538, 1545, 1633, 1648, 1756 HB 745--Floyd County Superior Court Clerk; compensation ......................... 1538, 1545, 1633, 1648, 1756 HB 747--Mclntosh County Board of Commissioners; certain conduct malpractice in office ................................... 1538, 1545 HB 748--Glynn County Sheriff; change provisions on automobile provided to ................................. 1590, 1602 HB 749--Jeff Davis County Board of Commissioners; composition of districts ........................... 1538, 1545, 1739, 1743, 2043 HB 750--Liberty County State Court Judge and Solicitor; compensation ......................... 1538, 1546, 1739, 1743, 2043 HB 751--Jeff Davis County Board of Education; composition of districts ........................... 1539, 1546, 1739, 1743, 2044 HB 752--DeKalb County State Court Clerk; assign docket numbers to certain documents. .................. 1539, 1546, 2028, 2036, 2210 HB 753--DeKalb County State Court; provide for procedure ............................ 1539, 1546, 2028, 2036, 2210 HB 754--City of Aragon; change certain fines................................. 1539, 1546, 1558, 1639, 1756 HB 755--Chatham County Board of Commissioners; provisions on districts ........................... 1542, 1550, 1739, 1743, 2044 HB 756--Thomas County Superior Court Judge; compensation supplement ........................... 1539, 1546, 1633, 1648, 1757 HB 757--Southern Judicial Circuit Superior Court Judges; compensation supplement............... 1539, 1546, 1739, 1743, 2044 HB 758--Thomas County Small Claims Court Judge; elected ............................... 1590, 1602, 2028, 2037, 2211 HB 759--Burke County Probate Judge; annual salary ............................... 1539, 1547, 1739, 1743, 2045 HB 760--Burke County Board of Commissioners; election from districts ......................... 1539, 1547, 1739, 1744, 2045 HB 761--Jefferson County Probate Judge; annual salary ............................... 1540, 1547, 1739, 1744, 2045 HB 762--Thomas County Board of Commissioners; election .............................. 1590, 1602, 2028, 2037, 2211 HB 763--Thomas County Probate Judge; change amount of court costs charged ......................... 1590, 1602, 2028, 2037, 2211 HB 764--Floyd County Board of Commissioners; enact traffic, disposal ordinances .................... 1540, 1547, 1633, 1648, 1757 HB 765--Tattnall County Probate Court Judge; annual salary ............................... 1540, 1547, 1633, 1649, 1757 HB 766--Miller County Board of Commissioners; create ............................... 1540, 1547, 1633, 1649, 1758 HB 767--Newton County and School Ad Valorem Tax; specify homestead exemption available ............................. 1540, 1548, 1739, 1744, 2046 HB 768--Bulloch County Sales Tax; allocate proceeds to schools ............................ 1540, 1548, 1633, 1649, 1758 HB 769--Bulloch County Coroner; compensation ......................... 1540, 1548, 1633, 1649, 1758 HB 770--Bulloch County Board of Commissioners; compensation ......................... 1540, 1548, 1633, 1649, 1759 INDEX 2979 HB 771--Bulloch County Board of Commissioners; compensation of clerks ................. 1541, 1548, 1633, 1649, 1759 HB 772--Bulloch County Probate Court; compensation of clerk .............................. 1542, 1550, 1633, 1649, 1759 HB 773--Bulloch County Superior Court; compensation of clerk's employees ...................... 1541, 1548, 1633, 1649, 1759 HB 774--Bulloch County Sheriffs Deputies and Office Clerk; compensation ................... 1541, 1549, 1633, 1650, 1760 HB 775--Bulloch County Tax Commissioner; compensation of assistants .......................... 1541, 1549, 1633, 1650, 1760 HB 776--Catoosa County Commissioner; change compensation and provide automobile .................... 1541, 1549, 1633, 1650, 1760 HB 777--Catoosa County Sheriffs Office; change in fiscal year............................ 1541, 1549, 1633, 1650, 1761 HB 778--Glynn County Probate Court Judge; change provisions on personnel................. 1541, 1549, 1739, 1744, 2046 HB 779--Dougherty County Small Claims Court; change to Magistrate Court. ................ 1541, 1549, 2028, 2037, 2656, 2931 HB 780--Dougherty County State Court; change certain designation ...................... 1542, 1549, 2028, 2037, 2658, 2931 HB 781--City of LaFayette; limitations on authority to lease real property. .................... 1542, 1550, 1634, 1650, 1761 HB 782--Douglas County Magistrate's Court; vacancy filled by superior court judges .................. 1542, 1550, 1634, 1650, 1761 HB 783--Douglas County Airport Authority; create ............................... 1542, 1550, 1634, 1650, 1762 HB 784--City of Palmetto; annexation of certain property ............................. 2079, 2088, 2198, 2206, 2630 HB 785--City of Hoboken; change certain fines................................. 1590, 1602, 2028, 2037, 2212 HB 786--Bacon County Board of Commissioners; provide districts .............................. 1591, 1603, 2028, 2037, 2212 HB 787--Bacon County Board of Commissioners; repeal Act providing ......................... 1591, 1603, 2028, 2037, 2212 HB 793--Thomaston-Upson County Office Building Authority; define, enlarge powers. ................. 1591, 1603, 2028, 2038, 2212 HB 794--City of Calhoun; change corporate limits................................ 1591, 1603, 1739, 1744, 2046 HB 795--Haralson County Commissioner; compensation ......................... 1591, 1603, 1739, 1744, 2046 HB 796--Haralson County Probate Judge; compensation ......................... 1591, 1603, 2028, 2038, 2213 HB 797--Barrow County Superior Court Judge; compensation ......................... 1591, 1603, 1739, 1744, 2047 HB 798--Barrow County Board of Commissioners; collect license fees, taxes from business ............... 1591, 1604, 1739, 1744, 2047 HB 799--Butts County Board of Education; procedure used in selection ........................... 1592, 1604, 1739, 1745, 2047 HB 800--City of Cairo; extend corporate limits................................ 1592, 1604, 2028, 2038, 2213 HB 801--Dougherty County Board of Commissioners; change districts.............................. 1592, 1604, 1739, 1745, 2048 HB 802--Brooks County Probate Court Judge; annual salary ............................... 1592, 1604, 1739, 1745, 2048 2980 INDEX HB 803--City of Dublin; increase maximum fine of city court ................................ 1592, 1604, 2028, 2038, 2213 HB 804--Towns County Sheriff; compensation ......................... 1592, 1605, 1739, 1745, 2048 HB 806--Cobb County State Court; create office of magistrate. ........................... 2018, 2026, 2198, 2206, 2630 HB 807--Bibb County, City of Macon; create intergovernmental relations study commission. ............. 1700, 1728, 2199, 2206, 2633 HB 808--City of White Plains; new charter .............................. 1592, 1605, 2028, 2038, 2214 HB 809--Fannin County Board of Commissioners; compensation ......................... 1592, 1605, 1739, 1745, 2049 HB 810--Fannin County Coroner; compensation ......................... 1593, 1605, 1739, 1745, 2049 HB 811--Douglas Judicial Circuit Superior Court Judges; supplement paid. ...................... 1593, 1605, 2028, 2038, 2214 HB 813--Cobb Judicial Circuit District Attorney; change county supplement. ............... 2017, 2026, 2198, 2206, 2662, 2933 HB 818--Wayne County Superior Court Clerk; compensation ......................... 1700, 1728, 2028, 2038, 2214 HB 819--Wayne County State Court Judge & Solicitor; compensation ......................... 1700, 1728, 2028, 2038, 2215 HB 820--Flint Judicial Circuit District Attorney; provide investigator........................... 1700, 1728, 2028, 2039, 2215 HB 821--Early County Board of Commissioners; term of four years ............................ 1700, 1729, 2028, 2039, 2215 HB 822--Early County State Court Judge; compensation ......................... 1700, 1729, 2028, 2039, 2216 HB 823--Early County Probate Court Judge; annual salary ............................... 1701, 1729, 2028, 2039, 2216 HB 824--Early County Small Claims Court Judge; compensation ......................... 1701, 1729, 2028, 2039, 2216 HB 825--Bibb County Board of Public Education and Orphanage; composition of districts .............................. 1701, 1729, 2198, 2207, 2631 HB 826--DeKalb County Recorder's Court; successor for chief and associate judge ............................... 1701, 1729 HB 827--Screven County Judge and Solicitor; compensation ......................... 1701, 1730, 2028, 2039, 2216 HB 828--Bibb County Alcoholic Beverage Sale; authorize during certain hours ......................... 1701, 1730, 2199, 2207, 2663 HB 829--City of Austell; change corporate limits................................ 1701, 1730, 2028, 2039, 2217 HB 834--City of Locust Grove; change provisions on officers dealing with city ...................... 2016, 2026, 2198, 2207, 2631 HB 835--Hall County Magistrate Court; provide .............................................. 2016, 2026 HB 836--Columbus Municipal Court; increase civil jurisdiction ...................... 2016, 2026, 2198, 2207, 2666, 2932 HB 837--Bald Mountain Water & Sewer Authority; create ............................... 2017, 2027, 2198, 2207, 2631 HB 838--City of Statesboro; maximum amount of fines imposed by court ............................. 2079, 2088, 2198, 2207, 2631 INDEX 2981 HB 841--Town of Norwood Mayor and Councilmen; change term ................................ 2079, 2089, 2198, 2207, 2632 HB 843--Cobb County Board of Commissioners; delay salary increase until October 1, 1983. ...................... 2079, 2089, 2198, 2207, 2632 HB 844--Harris County Board of Education; provide .............................................. 2236, 2240 HB 845--City of Mountain Park Mayor's Court; change name and appoint judge ..................................... 2880, 2885 HB 847--Troup County Small Claims Court Judge; salary .......................................... 2237, 2240, 2622 HB 848--Troup County State Court Judge and Solicitor; compensation ............................ 2237, 2240, 2622 HB 849--Troup County; change salary of certain officers.......................................... 2237, 2240, 2622 HB 850--Troup County Coroner; salary...................... 2237, 2240, 2622 HB 851--City of Conyers; homestead exemption, 62 years old or totally disabled .................................. 2237, 2241, 2622 HB 852--Newton County Board of Education; composition of districts ................................... 2237, 2241, 2622, 2623 HB 853--Newton County Board of Commissioners; composition of districts ................................ 2237, 2241, 2622, 2623 HB 855--Gilmer County Probate Court Judge; compensation ......................................... 2238, 2241 HB 856--Gilmer County Commissioner; compensation .............. 2238, 2241 HB 857--City of Loganville; change qualifications of the recorder ............................... 2238, 2241, 2622, 2623 HB 858--Wayne County Board of Education; change number of members ............................... 2238, 2241, 2622, 2623 HB 860--School Tax Collection; not apply to certain counties.............................................. 2238, 2242 HB 861--Chatham County Board of Public Education; educational funds to ................................... 2238, 2242 HB 862--Dodge County Board of Education; appointed school superintendent ....................... 2238, 2242, 2622, 2623 HB 869--Harris County; business license fees and taxes ............................................ 2686, 2694 2982 INDEX HOUSE RESOLUTIONS HR 1--Notify Senate that House of Representatives has convened ......... 25 HR 2--Notify Governor that General Assembly has convened .......... 26, 27 HR 5--Inauguration of Governor Joe Frank Harris; joint session ........................................... 28, 45, 47 HR 6--Budget and State of State Message; Governor address joint session .................................... 28, 46, 66 HR 7--Joint Session, General Assembly; judges invited to hear message from Governor ................................ 28, 46 HR 12--Committee to Study Tax Credit for Family Support of Mentally Retarded; create .............................. 530, 536, 797, 841, 1508, 1530 HR 14--Dawson County; conveyance of state owned property .......................... 792, 796, 1250, 1336, 1508, 1531 HR 15--Bartow County; conveyance of state owned property ............. 1238, 1246, 1417, 1501, 1574, 1776, 2231, 2410 HR 18--Valdosta High School Football Team; commend ............... 59, 65 HR 27--Commission to Study Safe Dams; create ........................... 531, 536, 636, 679, 723, 763, 764 HR 30--Elected Official; office declared vacant upon qualifying for other office............................... 1049, 1055, 2029, 2031, 2231, 2416, 2724, 2737 HR 32--Adjournment; relative to January 22 to January 31 ............................................... 81, 88 HR 57--Bainbridge High School Football Team; commend ............. 81, 88 HR 64--Spalding County; state may sell certain tract of property ........................ 792, 796, 1250, 1336, 1425, 1478 HR 66--Brooks County; conveyance of certain state owned property .......................... 792, 796, 1250, 1336, 1508, 1533 HR 67--Roger H. Lawson; designate bridge at Hawkinsville on Highway 341 in honor ............ 1238, 1246, 2200, 2202, 2671, 2726 HR 69--John J. Gates; compensate.............. 1444, 1467, 1632, 1650, 2171 HR 71--Mary D. Reffner; compensate ........... 1444, 1467, 1632, 1651, 2172 HR 72--Savannah River, Chatham County; property easement for docking facility ................. 750, 754, 1060, 1125, 1260, 1287 HR 76--Fulton County; lease of state owned property in Atlanta authorized ................ .954, 959, 1250, 1336, 1508, 1534 HR 90--Committee to Study State-wide Fire Protection; extend date for recommendations ............. 750, 754, 837, 910, 1070, 1100 HR 91--Sales Tax; levy 1 percent for educational purposes ............................................. 1324, 1329 HR 93--Richard B. Carney; compensate........................... 1444, 1467, 1632, 1651, 2173 HR 105--Richard Walton; compensate................. 1444, 1467, 1632, 1651 HR 106--Augusta; conveyance of state owned property ......... 751, 754, 1417, 1501, 1574, 1776, 2174, 2231, 2456 HR 107--Butts County; conveyance of an estate for years of state owned property to City of Jackson ........................... 751, 754, 1250, 1336, 1425, 1463 HR 142--Fire Protection Study Committee; funding recommendations to improve professionalism supported ........................... 629, 634, 837, 910, 1133, 1152 INDEX 2983 HR 143--Fire Protection Study Committee; funding recommendations to continue fire data system supported .......................... .629, 635, 837, 910, 1133, 1211 HR 144--Fire Protection Study Committee; funding recommendation for Fire Academy supported ........................... 629, 635, 837, 910, 1133, 1178 HR 145--Federal Surplus Property Program; permanent plan ............................ 1323, 1329, 1494, 1564, 2670, 2721 HR 154--Baldwin County; conveyance of certain state owned property .................. 1238, 1247, 1417, 1501, 1574, 1677, 1730 HR 156--Committee to Study School Climate; create .......................... 1487, 1491, 1739, 1741, 2671, 2877 HR 158--Brunswick-Altamaha Canal; easement granted to city for wastewater treatment facility. ................... 1238, 1247, 1417, 1501, 1574, 1775, 1986 HR 161--Marietta and Cobb County; relating to continuing controversy between ..................... 901, 906, 1058, 1125, 1258 HR 167--Clayton County Board of Education; urge appeal federal district court decision .................. 830, 835, 1417, 1424 HR 209--Honorable Marvin Griffin; regrets at passing ................................................ 954, 970 HR 211--Registered Dietitians; relating to ........................ 1406, 1412 HR 216--West Rome High School Football Team; commend ............................................ 1050, 1070 HR 220--Atlanta; easement of state owned property for sewerage and drainage improvements .................... 1323, 1330, 1494, 1564, 2056, 2128 HR 222--City of Macon, Clinch County; conveyance of state owned property .................. 1487, 1492, 2030, 2031, 2231, 2438 HR 223--Adjournment; relative to February 18 to 21 .......... 1113, 1144 HR 243--Foster Grandparents Day; designate last Friday in May ......................... 1485, 1489, 1634, 1651, 2231, 2407 HR 246--Pleasant Theodore McCutchen, Sr.; designate bridge in honor of................ 1487, 1492, 1559, 1639, 1776, 2231, 2440 HR 255--Georgia Railroad Freight Depot; restoration and use for state museum urged..................... 1406, 1412, 1494, 1565, 2055, 2077, 2194 HR 256--Friends of Oglethorpe; endorsing efforts .................. 1406, 1424 HR 258--Coffee County High School Football Team; commend ...... 1406, 1424 HR 260--Infant Mortality Rate; relative to reducing ........................ 1484, 1489, 2029, 2032, 2231, 2446 HR 287--Human Resources Department; urged to comply with 1982 resolution to convey land to Heart Association ...................... 1552, 1557, 2029, 2032, 2671, 2727 HR 292--Commission to Study Chatham County Hospital Authority; create ................. 2079, 2089, 2199, 2208, 2667, 2939 HR 304--Adjournment; relative to February 25 to February 28 .......................................... 1629, 1733 HR 358--National Guard and Reserve; support from employers in Georgia commended ....................... 2186, 2230 HR 434--Adjournment Sine Die; relative to March 4. .......................................... 2926, 2939 2984 INDEX PART III ALPHABETICAL INDEX Accountants; board membership, requirements for certification, SB 154 .............................. 467, 676, 720, 764, 770, 2021, 2099, 2186, 2285, 2349, 2913, 2938, 2939 Acree, Pamela; serve as nurse in the medical aid station ......................................................... 25 Actions and Orders, Civil Practice Act; relating to computation of time, SB 26 ............................. 43, 63, 77, 88, 91 Ad Valorem Tax: SEE Tax, Ad Valorem. Adairsville, City of; incorporate and provide charter, SB 265 .......................... 956, 1415, 1496, 1565, 2196, 2307, 2939 Adel, City of; provide election districts, HB 341 ......................................... 626, 634, 836, 909, 967 Adequate Program for Education (APEG): SEE Education, Adequate Program. Adjournment; relative to January 22 to January 31, HR 32. ........................................................ 81, 88 Adjournment; relative to, February 18 to 21, HR 223 .................................................... 1113, 1144 Adjournment; relative to, February 25 to February 28, HR 304 .................................................... 1629, 1733 Adjournment; relative to, March 1 to March 3, 1983, SR 219 ............................................... 2184, 2187, 2191 Adjournment; relative to, sine die, March 4, 1983, SR 261 ................................................... 2889, 2926 Adjournment Sine Die; relative to March 4, HR 434 ................. 2926, 2939 Administrative Procedure; Education Board, Department and Regents included as "agency" for rule making, regulation of private schools prohibited, HB 327..................... 828, 832, 1415, 1498, 1573, 1677, 1678, 2130, 2184, 2284 Administrative Services Department; administer service to local political subdivisions under certain circumstances, HB 448 ............................... 1484, 1489, 2029, 2034, 2231, 2387 Administrative Services Department; financial provisions for seminars and lectures, HB 608 ........... 1483, 1488, 1634, 1645, 1775, 2011 Adoption; Department of Human Resources have access to records in special circumstances, SB 291 ............................................ 1241 Aggravated Assault; bailable by court of inquiry rather than superior court judge, HB 7....................... 72, 76, 537, 566, 603, 622 Agricultural Products; failure to pay when purchasing, penalties, SB 45 ....................... 54, 300, 469, 477, 542, 554, 2022, 2070, 2939 Agricultural Products, Grain Dealers; financial statement with license application, bond requirements, HB 90 .................................. 274, 281, 1632, 1640, 2232, 2460 Agricultural Products; Vidalia onions, standards and classification, SB 209 .............. 671, 755, 801, 845, 867, 1555, 1624, 1990, 2014, 2185 INDEX 2985 Agricultural Property; preferential assessment for ad valorem tax, HB 230 ............. 828, 831, 1415, 1498, 1573, 1593, 1738 Agriculture Commissioner; duties relating to Structural Pest Control Commission, SB 137 ................... 294, 563, 600, 641, 655, 1736, 2939 Agriculture Commissioner; regulation and bonding of livestock dealers, HB 401 ............................ 750, 753, 962, 1063, 1261, 1341, 1354 Agriculture Department of the United States; urge withdraw proposal for imposing certain reduction, SR 178 ................................. 1632 Agriculture Department; regulations for standards on Grade A Pasteurized Milk, SB 136 ......................... 294, 563, 600, 641, 654, 1554, 2939 Airports, City and County Owned; license to sell alcoholic beverages, HB 627 .................... 1322, 1327, 1415, 1500, 1573, 1677, 1706, 2192 Airports; private facilities located on lands owned or leased by political subdivisions subject to ad valorem tax, HB 492 ............................... 1392, 1394, 1494, 1562, 1677, 1709 Alapaha Judicial Circuit; change terms of court, HB 82 .................................. . .273, 280, 757, 804, 1133, 1149 Alcohol and Drug Courses; required for driver's license for persons under 18 years, HB 391............ .670, 675, 757, 805, 845, 970, 1035, 1112, 1230 Alcohol, Drugs; driving under influence, penalties, HB 130 .............. 593, 596, 837, 908, 970, 1016, 1112, 1153, 1203, 1204, 1605, 1631 Alcohol, Drugs; driving under influence, penalties, change of charges, SB 103 ..................................... 101, 1117, 1250, 1425, 1444 Alcoholic Beverage Sale by the Drink; liability of seller for damages caused by intoxicated persons, SB 88 .................................... 83, 564, 599, 641, 648 Alcoholic Beverage Sale by the Drink; prohibit two-for-one sales, SB 216 ........................................... 714 Alcoholic Beverage Sale, Consumption; change age requirements to 21, SB 4 ................. 39, 298, 469, 477, 484 Alcoholic Beverage Sales, Consumption on Premises; authorize Jekyll Island State Park Authority to sell, HB 278 ....................... 791, 794, 963, 1062, 1133, 1209, 1551, 1705 Alcoholic Beverage Sales; breath analysis machines on premises of taverns, sales to intoxicated persons prohibited, SB 243 .......................................... 830 Alcoholic Beverage Sales on Sunday; provisions for Glynn County, SB 235 ............................ 752, 906, 965, 1066 Alcoholic Beverages; beer, licensing and distribution requirements, SB 1 .................................. 39, 105, 282, 304, 459, 629, 2939 Alcoholic Beverages; farm wineries, licensing and regulation, HB 171 ........................................ 628, 632, 1057, 1122, 1260, 1262, 1528, 1532, 1589, 1624, 2873, 2937 Alcoholic Beverages; licenses, city or county owned airports, HB 627 .................... 1322, 1327, 1415, 1500, 1573, 1677, 1706, 2192 Alcoholic Beverages; regulate distilled spirits distribution, SB 290. ............................................. 1241 Alcoholic Beverages; special elections to change provisions for distribution, HB 625 ......................... 1487, 1492, 2028, 2035, 2230, 2352, 2932 Alcoholics, Act Providing Comprehensive Treatment of; change effective date, HB 6 ..................................... 712, 716, 797, 839, 1426, 1482 Alimony; continuing jurisdiction in court initially entering order, SB 240 .................................. 793, 1059, 1120, 1261, 1312 Allgood, Senator Tom; excused from voting. .............................. 1087 2986 INDEX Allman Brothers; gratitude to, SR 207 .................................. 2117 Allman, Gregg; commend, SR 248 ..................................... 2339 Alpha Phi Alpha Fraternity and Ozell Sutton; commend, SR. 80 .................................................. 602 Altman, Mrs. Shirley, Thomas County; elect to State Election Board, SR 143 .................................... 1556, 2029, 2031, 2230, 2336 Amphetamines; Board of Medical Examiners develop regulations on abuse, SR 121 ......................... 1113, 1248, 1333, 1425, 1430, 2022, 2940 Amusement Rides; provide for safety inspection, SB 205 .................... 631 Anderson, Bill; gratitude to, SR 214 .................................... 2117 Animal Owners; conditions for liability for injuries, SB 224 .................................... 715, 798, 839, 912, 970, 1007 Animal Suspected of Having Rabies; procedures for notifying authorities, SB 258 ..................................... 903, 1118, 1252, 1342, 1378 Animals, Livestock Dealers; regulation and bond requirements, HB 401 ............................ 750, 753, 962, 1063, 1261, 1341, 1354 Annexation, Municipalities; deannexed property not subject to annexation for five years, HB 555 .................... 1236, 1244, 1330, 1418, 1508, 1529 Annexation of Territory; Cobb County give approval before annexation into certain municipalities, SB 77 ........ 73, 105, 283, 302 Antiterrorism Task Force; create within Georgia Bureau of Investigation, HB 83 .................................. 556, 561, 1416, 1497, 1573, 1581 Apartment, Condominium Tenants; rights relating to cable television systems, SB 229 ................................. 751, 963, 1061 APEG: SEE Education, Adequate Program. Appalachian Judicial Circuit; create in Fannin, Gilmer and Pickens Counties, HB 185 .............628, 632, 1059, 1123, 1260, 1314 Appeals, Criminal Cases; motions for new trials, SB 69 .................. 62, 474, 538, 570, 602, 603, 2415, 2441, 2939 Appling County Board of Commissioners; reflect selection of 6-members by voters, HB 616 ..................... 1321, 1328 Appointments by Governor: .................................. 2189, 2346, 2859 Alden, Hewett M. (Mack) ................................... 2189, 2860 Byars, Helen Gnann .................................... 2190, 2861 Byars, T. Joel............................................... 2190, 2861 Christmas, Joseph T.......................................... 2190, 2861 Clay, Melvin A. ............................................. 2189, 2860 Cochran, Duane ............................................. 2190, 2861 Deaton, Edward V. .......................................... 2191, 2862 Deaton, Edward V. .......................................... 2191, 2862 Dillon, Joyce F. ............................................. 2190, 2861 Garrett, R. B................................................ 2191, 2862 Hanenkrat, Judy ............................................ 2190, 2861 Kanto, William P., Jr......................................... 2190, 2861 Levi, James Stuart........................................... 2190, 2861 Mayes, Alva L., Jr. .......................................... 2190, 2861 Moore, Anne Morgan ........................................ 2190, 2861 Mulherin, William B. ........................................ 2189, 2860 Mullis, J. C. ................................................ 2191, 2862 Patterson, Fern B. ........................................... 2191, 2862 Ressmeyer, Robert........................................... 2190, 2860 INDEX 2987 Appointments by Governor (Continued): Robinson, Lithangia E. ....................................... 2190, 2862 Rogers, T. G. ............................................... 2189, 2860 Ross, Francie L.............................................. 2190, 2861 Shuman, William H. ......................................... 2190, 2861 Smick, Kirk L............................................... 2190, 2861 Smith, Kyle D., Jr. .......................................... 2190, 2862 Von Almen, Peggy G......................................... 2190, 2861 Wade, Donald A............................................. 2189, 2860 Wilkes, Raymond L. ......................................... 2190, 2861 Appropriations for Operation of State Government; for Fiscal Year July 1, 1983 to June 30, 1984, HB 163 ................ 1484, 1489, 1632, 1641, 1775, 1776, 2018, 2067, 2080, 2088, 2461, 2618 Appropriations for Operation of State Government; supplemental to certain departments to June 30, 1983, HB 207 .......... 747, 797, 841, 911, 912, 937, 955, 974, 1012, 1013, 1154, 1240 Appropriations for Operation of State Government; supplemental to June 30, 1983, HB 1 .............................. 57, 58, 76, 86, 109, 110, 270, 271, 305, 464 Appropriations, Supplemental; to Labor Department relating to employment security, HB 119 .......... 1111, 1114, 1414, 1497, 1573, 1582 Aragon, City of; change certain fines, HB 754 ....... 1539, 1546, 1558, 1639, 1756 Architecture Applicants; delete certain provisions on exams, HB 439 ............................... 1048, 1054, 1495, 1562, 1775, 1955 Armed Robbery Sentence; inmates serving time not entitled to earned-time, HB 2061 ........................................... 557, 562, 1740, 1741 Armed Services Vocational Aptitude Battery Test; encourage schools to administer, SR 60.............................. 468, 718, 760, 809, 819 Arthur, Anne; commend, SR 32 ........................................ 108 Asbestos-Containing Materials in State Buildings; evaluate, identify, SR 24 .......................................... 102, 597, 638, 682, 698 Askew, Honorable Reubin; introduced, remarks,............................ 807 Athens, City of; limit authority to adopt rules on charging fees for service, HB 298 ............................... 1402, 1412, 1634, 1642 Athletic Events; ticket scalping, change certain provisions, allow service charge, HB 249.................................... 953, 958 1496, 1561, 1677, 1681, 1710, 2193 Athletic Trainers Board; licensure for certain persons with prior experience, change termination date of board, HB 66 .......... 291, 296, 756, 804, 1070, 1098 Atkinson County Board of Commissioners; compensation, HB 350 .................................... 1441, 1464, 1739, 1742, 2041 Atkinson, Curtis L.; recognize, SR 98 .................................... 808 Atlanta; easement of state owned property for sewerage and drainage improvements, HR 220 ...... 1323, 1330, 1494, 1564, 2056, 2128 Atlanta Jazz Theatre; commend, SR 120 ............. 1132 Atlanta; provide for urban enterprise zones, HB 629....................... 1536, 1543, 2198, 2204, 2626 Attorneys Holding Public Office; right to practice law, HB 707 ......................... 1405, 1412, 1558, 1639, 2055, 2057, 2075 Augusta City Council; abolish certain offices and change selection of members, HB 533 ........................................... 900, 906 Augusta, City of; change corporate limits, SB 234. ......... 752, 2028, 2031, 2217 2988 INDEX Augusta, City of; continue exemption from ad valorem on certain capital improvements, HB 569 ....................... 2018, 2024, 2198, 2203, 2625 Augusta; conveyance of state owned property, HR 106 .................... 751, 754, 1417, 1501, 1574, 1776, 2174, 2231, 2456 Augusta-Richmond County Board of Health, Constitutional Amendment Authorizing; continue, HB 665 .......................... 2019, 2024, 2198, 2204, 2626 Augusta-Richmond County Board of Tax Assessors, Constitutional Amendment on; continue, HB 662 ........................ 2018, 2024, 2198, 2204, 2626 Augusta-Richmond County; establish governing authority, SB 227 ................................. 715, 1633, 1639, 1763 Austell, City of; change corporate limits, HB 829 .................... 1701, 1730, 2028, 2039, 2217 Aviation Unit of Georgia State Patrol; commend, SR 179 ................................................ 1677 B Bacon County Board of Commissioners; provide districts, HB 786 .................................... 1591, 1603, 2028, 2037, 2212 Bacon County Board of Commissioners; repeal Act providing, HB 787 .................................... 1591, 1603, 2028, 2037, 2212 Bacon, J. O.; elected to State Transportation Board, ........................................................... 463 Bad Checks; change penalties, SB 139 .................................... 295 Bad Checks, Crimes Involving; change penalty, SB 45 ................... 54, 300, 469, 477, 542, 554, 2022, 2070, 2939 Bad Checks; present consideration include child support, HB 72 ............................ 556, 561, 1117, 1252, 1507, 1518, 2193 Bad Checks; restitution allowed as part of penalty, HB 245...... 1236, 1242, 1416, 1498, 1573, 1677, 1718, 1990, 2015, 2187, 2290, 2704, 2933 Bail, Criminal Cases; aggravated assault removed from those requiring superior court judge to grant, HB 7 ...................... 72, 76, 537, 566, 603, 622 Bail, Criminal Procedure; provisions, HB 135 ......... 729, 1416, 1498, 1573, 1584 Bailey, Razzy; gratitude to, SR 208 ..................................... 2117 Bainbridge High School Football Team; commend, HR 57 ................ 81, 88 Bald Mountain Water & Sewer Authority; create, HB 837 .................................... 2017, 2027, 2198, 2207, 2631 Baldwin County Board of Education; delete certain provisions on compensation, HB 575..................... 1047, 1057, 1247, 1335, 1421 Baldwin County; conveyance of certain state owned property, HR 154 ................ 1238, 1247, 1417, 1501, 1574, 1677, 1730 Baldwin County; interest rate for unpaid ad valorem tax, SB 35.............................................. 53, 76, 86, 106 Baldwin County Magistrate Court; appointment, SB 262 ............................... .955, 1116, 1252, 1339, 2194, 2939 Baldwin County Probate Court Judge; compensation, SB 274 ............................... 1051, 1247, 1331, 1419, 2195, 2940 Banking and Finance; advertising requirments for contractual relationships and revocation of offers, SB 100 ..................................... 101 INDEX 2989 Banking and Finance; change certain provisions, SB 162 ......................... 473, 718, 758, 809, 811, 1738, 2113, 2939 Banking and Finance; change provisions on restrictions of financial transactions, redefine terms and rules on ethical conduct, SB 161 ................ 473, 718, 758, 808, 810, 2022, 2112, 2939 Banking and Finance Department; change definition of bank, HB 15 ........................................ 71, 74, 636, 677, 723, 738 Banking and Finance; industrial loans, hearing provisions, applications for licenses, SB 270................ 957, 1247, 1331, 1425, 1437, 2195, 2939 Banking and Finance; loan secured by real estate, claim of violation may not be class action suit, SB 283 ................ 1052, 1247, 1332, 1424, 1426, 2195, 2940 Banks; comprehensive revision of taxation, HB 440 .............................................. 1237, 1243, 2027, 2034, 2230, 2355, 2724, 2728, 2825, 2829, 2897, 2937 Banks, Federal Savings and Loans, State and National; revise taxation, HB 440 ......................... 1237, 1243, 2027, 2034, 2230, 2355, 2724, 2728, 2825, 2829, 2897, 2937 Banks; interest rates on certain loans, HB 128 ......................... 669, 673, 835, 908, 971, 1039, 1239 Banks; payment of funeral expenses from certain deposits of deceased, HB 221................. 628, 633, 835, 909, 1070, 1087 Barksdale, Mrs. Margaret Guinn; regrets at passing, SR 21 ............................................ 87 Barnes, Arthur and Frances; commend, SR 142...................... 1507 Barrett, Gilbert; commend, SR 28 ................................. 108 Barrow County Board of Commissioners; collect license fees, taxes from business, HB 798 ....................... 1591, 1604, 1739, 1744, 2047 Barrow County Superior Court Judge; compensation, HB 797............ 1591, 1603, 1739, 1744, 2047 Bartow County-Cartersville Chamber of Commerce; commend, SR 183 ................................................ 1717 Bartow County; conveyance of certain state owned real property to Mr. and Mrs. Frank J. Baia, Jr., SR 89 ............... 716, 799, 839, 912, 970, 1003, 2197, 2940 Bartow County; conveyance of state owned property, HR 15 ........... 1238, 1246, 1417, 1501, 1574, 1776, 2231, 2410 Bartow County Lions Club; commend, SR 151 ........................... 1571 Bass, Laura; commend, SR 22 ........................................... 87 Batteries for Small Appliance; prohibit sale without date from manufacturer, SB 25................................... 43, 104 Beer; licensing and distribution requirements and regulations, SB 1 .................................. 39, 105, 282, 304, 459, 629, 2939 Behavioral Science Practitioners; regulate, SB 93....... 100, 963, 1061, 1133, 1180 Ben Hill County Tax Commissioner; annual salary, HB 630.............................. 1235, 1246, 1415, 1500, 1569 Bibb County Alcoholic Beverage Sale; authorize during certain hours, HB 828 .................................... 1701, 1730, 2199, 2207, 2663 Bibb County Board of Commissioners; repeal Act establishing, HB 480 ...................................... 826, 833, 2198, 2202, 2635 Bibb County Board of Public Education and Orphanage; composition of district, HB 825 ................ 1701, 1729, 2198, 2207, 2631 Bibb County Civil Court; repealing of Act not affect retirement pay of certain ones, HB 481 ........................ 826, 833, 2198, 2203, 2636 2990 INDEX Bibb County Governing Authority; dispose of Lake Tobesofkee property to develop hydroelectric generation facility, HB 364 ........................................ 668, 675, 906, 965, 1067 Bibb County-Macon, City of; create intergovernmental relations study commission, HB 807 ......................... 1700, 1728, 2199, 2206, 2633 Bibb County State Court; provide for warrant officer, HB 570 ................................. 953, 961, 2198, 2204, 2646, 2931 Bibb County State Property; temporary easement for sewer line, SR 6 .................................... 44, 77, 86, 109, 267, 670, 2940 Bicycles on Roadway; repairs by cities and counties must accommodate, SB 222 ....................................... 715, 836, 908, 1070, 1092 Bids, Competitive; required of State or nonprofit agencies purchasing meals with public funds, HB 87................ 273, 280 Billheimer, Mary Jane; recognize, SR 124 ............................... 1178 Bingo; city, county adopt ordinance authorizing operation, SB 261 ............................ 955, 1117, 1252, 1341, 1365 Birth Registration, Delayed; change provisions, HB 435 ............... 1476, 1488, 1634, 1644, 2671, 2832 Bishop, Mandy; commend, SR 46....................................... 284 Blackman, Bruce; gratitude to, SR 210 .................................. 2117 Blood Tests Required for Marriage License; delete certain provisions, SB 98 .......................................... 101, 597, 637, 681, 689 Bond Requirements; natural guardians of minors, HB 361 ............... 750, 753, 1057, 1123, 1507, 1535 Bonds, Appeal; change provisions under criminal procedure, SB 108 ..................................... 275, 1117, 1251, 1342, 1366 Bonds, Criminal Procedure; forfeiture proceedings, time limit on forfeiture if no judgment rendered, HB 326 .. 829, 832, 1740, 2671, 2789, 2936 Bonds, Guaranteed Arrest; insurance contracts with trucking clubs or associations, HB 179 ......................901, 904, 1249, 1333, 1425, 1479 Bonds; procedure relating to gas or electric generating facilities, schools, SB 220 ................. 714, 835, 907, 970, 1012, 2621, 2694, 2940 Bonds, Recognizances; certain offenses not bailable, HB 135 ..................................... 729, 1416, 1498, 1573, 1584 Bowling, Roger; regrets at passing, SR 199 .............................. 2055 Boxing Commission, State; establish, HB 50...................... 291, 296, 756, 803, 971, 1070, 1071, 1238 Brantley County; compensation of certain officials, SB 310 .................................................. 2023 Brantley County Sheriff; compensation, SB 311 .......................... 2023 Braves Baseball Team, Atlanta; introduced, ............................... 267 Bremen Jaycees; commend, SR 229 ..................................... 2301 Bremen Lions Club; commend, SR 231 ................................. 2301 Bremen Pilot Club; commend, SR 230............................. ...... 2301 Bremen Rotary Club; commend, SR 181 ................................. 1717 Bremen Sorosis Club; commend, SR 233................................. 2301 Bremen Veterans of Foreign Wars; commend, SR 232 ..................... 2301 Brick; gratitude to, SR 204 ............................................ 2117 Bridge, Highway 341 over Ocmulgee River at Hawkinsville; designate in honor of Roger H. Lawson, HR 67 ............. 1238, 1246, 2200, 2202, 2671, 2726 Bridge on Interstate 20 at Six Flags Drive; designate in honor of George W. Thompson, Sr., SR 79 ..................... 631, 799, 839, 912, 970, 1011, 1555, 2940 INDEX 2991 Bridge over U.S. Highway 341; designate in honor of Roger H. Lawson, SR 42 .......................................... 279, 598, 638, 682, 700 Bridge, State Route 1 over Chattahoochee River; designated in honor of Pleasant Theodore McCutchen, Sr., HR 246. ..... 1487, 1492, 1559, 1639, 1776, 2231, 2440 Brisendine, Julian Murphy; commend, SR 107 ............................. 911 Brooklet, City of; maximum punishment for violations, HB 701 ........................... 1442, 1465, 1633, 1646, 1751 Brooks County; conveyance of certain state owned property, HR 66..........................792, 796, 1250, 1336, 1508, 1533 Brooks County Probate Court Judge; annual salary, HB 802..... 1592, 1604, 1739, 1745, 2048 Brooks County Special Fire Protection District; amount of property subject to tax, HB 540 .................. 951, 960, 1116, 1254, 1338 Broome, Hugh D.; elected to State Transportation Board.................... 463 Broun, Senator Paul; hospitalized for surgery ............................... 64 Brown, Dr. Charles Truman; honor, SR 258.............................. 2670 Brown, Joyce; commend, SR 38 ......................................... 108 Browner, Mrs. Alice; commend, SR 135 ................................. 1341 Brunswick-Altamaha Canal; easement granted to city for wastewater treatment facility, HR 158 ........ 1238, 1247, 1417, 1501, 1574, 1775, 1986 Brunswick-Glynn County Charter Commission; extend time to complete work, HB 556 ...................................... 952, 960, 1739, 1742, 2041 Bryant, Paul W. "Bear"; regrets at passing, SR 76......................... 570 Buckwheat Cloggers; commend, SR 255 ................................. 2670 Budget and State of State Message; Governor address joint session, HR 6 ........................................... 28, 46, 66 Bulloch County Board of Commissioners; compensation, HB 770 ....................... 1540, 1548, 1633, 1649, 1759 Bulloch County Board of Commissioners; compensation of clerks, HB 771 ........................... 1541, 1548, 1633, 1649, 1759 Bulloch County Coroner; compensation, HB 769 ..................... 1540, 1548, 1633, 1649, 1758 Bulloch County Probate Court; compensation of clerk, HB 772............................... 1542, 1550, 1633, 1649, 1759 Bulloch County Sales Tax; allocate proceeds to schools, HB 768 .................................... 1540, 1548, 1633, 1649, 1758 Bulloch County Sheriff's Deputies and Office Clerk; compensation, HB 774 .................................... 1541, 1549, 1633, 1650, 1760 Bulloch County Superior Court; compensation of clerk's employees, HB 773 .................................... 1541, 1548, 1633, 1649, 1759 Bulloch County Tax Commissioner; compensation of assistants, HB 775 ........................... 1541, 1549, 1633, 1650, 1760 Bunn, Nan; commend, SR 43 ........................................... 284 Burial Merchandise and Services; regulation of, HB 115 ................627, 632, 798, 841, 971, 1070, 1073 Burke County Board of Commissioners; election from districts, HB 760 .................................... 1539, 1547, 1739, 1744, 2045 Burke County Probate Judge; annual salary, HB 759 ................. 1539, 1547, 1739, 1743, 2045 Burkhalter, Detective David; commend, SR 70............................. 541 Buses, Public Transit System; provisions relating to transport of school children, HB 254 ......... 713, 717, 964, 1062, 1133, 1212 2992 INDEX Butts County Board of Education; procedure used in selection, HB 799 .................................. 1592, 1604, 1739, 1745, 2047 Butts County; conveyance of an estate for years of state owned property to the City of Jackson, HR 107 ............ 751, 754, 1250, 1336, 1425, 1463 c Cagle Day, Ralph; proclaiming, SR 15 .................................... 78 Cairo, City of; extend corporate limits, HB 800 ...................... 1592, 1604, 2028, 2038, 2213 Calhoun, City of; change corporate limits, HB 794 ................... 1591, 1603, 1739, 1744, 2046 Calhoun, City of; new charter, HB 487 ................ 827, 834, 962, 1064, 1126 Camp, Rick, of Atlanta Braves; commend, SR 260 ........................ 2886 Campaign and Financial Disclosure Commission; duties assumed by State Ethics Commission, SB 228 .................................... 716 Campaign and Financial Disclosure Commission; per diem of members, requirements on filing reports and disclosures, SB 248 .......................... 831, 1117, 1251, 1342, 1391 Campaign Contributions and Expenditures; provide for lawful uses by candidates, SB 79 ................................. 74, 636, 676, 722, 730 Campaign Material Placed on Certain Property; remove certain restrictions, SB 195 .................... 595, 756, 801, 845, 880, 2619, 2939 Cancer Patients; right to informed consent to medical procedures, HB 49 ............................................ 669, 673 Candler County State Court Judge and Solicitor; salary, HB 737 ................................... 1537, 1544, 1633, 1647, 1754 Canine Handlers; powers same as policemen, HB 407................ 1403, 1410, 2030, 2033, 2670, 2720 Canton, City of; change corporate limits, HB 334 ...................................... 668, 675, 962, 1063, 1126 Carney, Richard B.; compensate, HR 93 ..................................... 1444, 1467, 1632, 1651, 2173 Carroll County Commissioner; compensation, HB 715................ 1590, 1602, 2199, 2206, 2652, 2931 Carroll County Probate Court Judge; compensation, HB 713............... 1442, 1466, 1633, 1646, 1752 Carroll County State Court Judge and Solicitor; compensation, HB 712 ....................... 1590, 1602, 2198, 2206, 2629 Carroll County Superior Court Clerk; compensation, HB 714 ................................... 1443, 1466, 1633, 1646, 1752 Cartersville-Bartow County Chamber of Commerce; commend, SR 183 ................................................ 1717 Cartersville Business and Professional Women's Club; commend, SR 186 ................................................ 1717 Cartersville Business and Professional Women's Luncheon Club; commend, SR 177 ........................................... 1573 Cartersville Kiwanis Club; commend, SR 148 ......................................................... 1571 Cartersville Lions Club; commend, SR 235 ......................................................... 2302 INDEX 2993 Cartersville Pilot Club; commend, SR 173 ......................................................... 1572 Cartersville Woman's Club; commend, SR 182 ......................................................... 1717 Carver, Dale Keith; commend and invite to appear before Senate, SR 160 .................................................. 1628 Catoosa County Commissioner; change compensation and provide automobile, HB 776 ........................ 1541, 1549, 1633, 1650, 1760 Catoosa County Sheriff's Office; change in fiscal year, HB 777 ............................... 1541, 1549, 1633, 1650, 1761 Catoosa County Superior Court Clerk; increase salary, HB 699............................ 1442, 1465, 1633, 1646, 1750 Catoosa County Tax Commissioner's Office; clerical help pay, HB 700 .......................... 1442, 1465, 1633, 1646, 1750 Cedar Valley Shrine Club; commend, SR 234 ............................ 2302 Cedartown Business and Professional Women's Club; commend, SR 189 ................................................ 1717 Cedartown Chamber of Commerce; commend, SR 188 ..................... 1717 Cedartown, City of; change certain fines, HB 631 .................... 1235, 1246, 1415, 1500, 1569 Cedartown Exchange Club; commend, SR 172............................ 1572 Cedartown Jaycees; commend, SR 175 .................................. 1572 Cedartown Jaycettes; commend, SR 176 ................................. 1573 Cedartown Junior Welfare League; commend, SR 146 ..................... 1571 Cedartown Kiwanis Club; commend, SR 149 ............................. 1571 Cedartown Lions Club; commend, SR 150 ............................... 1571 Cedartown Optimist Club; commend, SR 180............................. 1717 Cemeteries; registration and regulation, HB 115 .......................627, 632, 798, 841, 971, 1070, 1073 Chalker, F. M.; regrets at passing, SR 62................................. 476 Chaplains of the Day: Are, Dr. Thomas L................................................. 602 Bullington, Rev. Elick ............................................. 1259 Cleveland, Rev. Weyman ........................................... 540 Corley, Rev. W. C. ................................................ 569 Daniel, Rev. Robert............................................... 1424 Dial, Rev. Charles E. ............................................... 45 Dickerson, Rev. Jarrell E........................................... 2054 Flakes, Rev. J. H. ................................................. 844 Gray, Rev. Samuel ................................................ 681 Harwell, Dr. A. Brantley .......................................... 1132 Horan, Father Ray ................................................ 107 Howle, Rev. David................................................ 1506 Hutcheson, Dr. Clark ............................................. 2229 Huyck, Rev. Albert ................................................ 763 Johns, Rev. Clyde E................................................. 56 Jones, Rev. Tommy ................................................ 284 Louttit, Rev. Henry ................................................. 78 Maddox, Honorable Lester ........................................... 13 Marshburn, Dr. Robert............................................ 1069 McDonald, Rev. William .......................................... 1570 Miller, Rev. James................................................. 476 Mitchell, Rev. B. R. ............................................... 302 2994 INDEX Chaplains of the Day (Continued): Perry, Rev. Jim E................................................. 1340 Price, Rev. M. F................................................... 722 Ramsey, Rev. Robert ............................................... 87 Scarborough, Rev. Jim ............................................. 808 Smith, Rev. Don ................................................. 1677 Sunderland, Rev. Bobby ............................................ 640 Thomas, Rev. Charles ............................................... 64 Wilder, Rev. Garnett M. .......................................... 2669 Wilson, Rev. Ron .................................................. 911 Withers, Rev. Harold .............................................. 969 Woodall, Rev. Robert ............................................. 1774 Chatham County Board of Commissioners; provisions on districts, HB 755 ......................... 1542, 1550, 1739, 1743, 2044 Chatham County Board of Public Education; compensation, HB 475 ........................................ 791, 796, 906, 966, 1068 Chatham County Board of Public Education; educational funds to, HB 861 ............................................ 2238, 2242 Chatham County; conveyance of state owned property, SR 111 ......................... 1052, 1250, 1333, 1425, 1440, 2197, 2940 Chatham County Hospital Authority Board; repeal Act providing for appointment, HB 598......................... 2079, 2088 Chatham County Hospital Authority Study Commission; create, HR 292 ........................ 2079, 2089, 2199, 2208, 2667, 2939 Chatham County-Savannah Board of Education; district descriptions, HB 628 ......................... 1235, 1245, 1494, 1563, 1675 Chatham County, Savannah River; property easement for docking facility, HR 72 ............... .750, 754, 1060, 1125, 1260, 1287 Chatham County-Savannah School System; board members, terms, SB 233 ......................... . .752, 962, 1061, 1128, 1488, 2939 Chattahoochee County; probate court, superior court clerk, powers and duties, repeal certain provisions, SB 210 ......................... 671, 906, 964, 1065, 1737, 2939 Chattahoochee County Superior Court Clerk; annual salary, SB 211 .................................. 672, 906, 965, 1065, 1737, 2939 Chattooga County State Court; create, HB 738 ...................... 1537, 1544, 1633, 1648, 1755 Checks, Bad; change certain penalties, SB 45...................... 54, 300, 469, 477, 542, 554, 2022, 2070, 2939 Checks, Bad; change penalties, SB 139 ................................... 295 Checks, Bad; present consideration include child support, HB 72 ........................... 556, 561, 1117, 1252, 1507, 1518, 2193 Checks, Bad; restitution allowed as part of penalty, HB 245 ......................... 1236, 1242, 1416, 1498, 1573, 1677, 1718, 1990, 2015, 2187, 2290, 2704, 2933 Cherokee and Forsyth Counties; judge and solicitor salaries, HB 289................................ 529, 535, 962, 1062, 1125 Child Abuse; name of child made public by news media unlawful, HB 103 .......................... 627, 632, 797, 840, 1133, 1213 Child Custody Proceedings; provide for temporary orders, certain cases, HB 222 .................... 530, 534, 635, 679, 723, 763, 767 Child Custody; right of child to select parents at age 12, SB 76 .................................... 73, 537, 565, 603, 613 INDEX 2995 Child Restraint Devices; required for children under 4 years in passenger motor vehicles, SB 59 ....................... 60, 105, 282, 304, 476, 477, 2076, 2160, 2939 Child Support, Alimony; continuing jurisdiction of court originating order, SB 240 .................... 793, 1059, 1120, 1261, 1312 Child Support; provisions for garnishment based upon court order, HB 393 ........................... 1486, 1491, 2199, 2201 Child Support Recovery Act; acknowledging paternity, garnishment provisions, definitions, HB 325................... 670, 674, 797, 841, 1507, 1522, 2186, 2286, 2348, 2388, 2732, 2934 Child Support; relating to present consideration, bad check cases, HB 72 ...................... 556, 561, 1117, 1252, 1507, 1518, 2193 Children and Youths in Custody of Human Resources Department; earned-time allowances, SB 179 ......... 559, 635, 677, 723, 736 Children Depicted in Sexually Explicit Conduct; distribution unlawful, penalties, SB 47 ................................. 55 Children, Juvenile Court; provisions for payment of restitution for damages caused, SB 180 ........................... 559, 635, 677, 723, 737, 2855, 2872, 2939 Children, Sexual Exploitation; redefine minor as under 16 years of age, SB 46 .............................................. 55 Children, Unruly Committed to Human Resources Department; duties of Youth Services Division in case of escape, SB 178 ............. 558, 635, 677, 723, 735, 1554, 2939 Children, Wrongful Death; tort actions, punitive damages, SB 87 .................................................... 83 Children's Policy; establish for State, SB 272 . .. .957, 1057, 1122, 1261, 1341, 1350 Chiropractors; change provisions on scope of practice, SB 192.............................................. 594, 1058 Chiropractors; change provisions on scope of practice, SB 285 ......................................................... 1113 Cities, Counties; incurring debt without referendum, SR 19 ........................................................... 102 Citizens Task Force to Study Office of Lieutenant Governor; create, SR 78 .................................. 595, 836, 908, 1070, 1101 City of Mountain Park Mayor's Court; change name and appoint judge, HB 845 ....................................... 2880, 2885 Civil Action; dismissal, number of times allowed, SB 158 ................... 472, 1059, 1119, 1341, 1363 Civil Practice Act; relating to computation of time in actions and orders, SB 26............................... 43, 63, 77, 88, 91 Civil Practice; personal jurisdiction over nonresidents, certain domestic relations cases, SB 239 ......................... 793, 1059, 1120, 1261, 1310, 2826, 2855, 2940 Civil Practice; personal jurisdiction over nonresidents, certain domestic relations cases, SB 257 .............................. 903 Civil Practice; writs of habeas corpus, transfer to superior court, SB 107 ............................................. 275 Claims against an Estate; provisions on priority, SB 71 ...................... 63 Clay County Board of Commissioners; change districts, HB 682............ 1404, 1414, 1558, 1639, 1750 Clay County Probate Court Judge; annual salary, HB 719 ................. 1443, 1467, 1633, 1647, 1773, 2193 2996 INDEX Clay County Sheriff; certain maximum salary, HB 720 .................... 1443, 1467, 1633, 1647, 1753 Clay County Superior Court Clerk; annual salary, HB 721 ................. 1443, 1467, 1633, 1647, 1753 Clay County Tax Commissioner; abolish present mode of compensating, HB 718 ..................... 1443, 1466, 1633, 1647, 1753 Clayton County Board of Commissioners; change provisions on meetings, HB 563. ................. 952, 961, 1116, 1254, 1339 Clayton County Board of Commissioners; compensation of chairman, HB 489 .............................. 827, 834, 962, 1064, 1127 Clayton County Board of Commissioners; reapportion districts, HB 351 ................................. 627, 634, 836, 909, 968 Clayton County Board of Education; urge appeal federal district court decision, HR 167 ....................... 830, 835, 1417, 1424 Clayton County; conveyance of certain real property, SR 83 ................. 672, 1060, 1122, 1261, 1314, 2619, 2940 Clayton County Independent Schools; repeal amount of deduction from school tax, HB 409. ............ 1047, 1056, 1494, 1562, 1674 Clayton County; percent of educational funds for cost of collecting school taxes, HB 408 ................ 1046, 1055, 1247, 1334, 1421 Clayton County Probate Court Judge; compensation, HB 488 ...................................... 827, 834, 962, 1064, 1126 Clayton County Sheriff and Clerk of Superior Court; compensation, HB 491 .......................... 827, 834, 962, 1064, 1127 Clayton County State Court Judges and Solicitor; compensation, HB 498 ..................... 827, 835, 963, 1064, 1130, 1406 Clayton County State Court Solicitor; salary, HB 496 .................. 827, 834, 962, 1064, 1128 Clayton County Tax Commissioner; compensation, HB 490 ....................................... 827, 834, 962, 1064, 1127 Clerks of Superior Court; minimum salaries, change in certain counties, HB 332 ................. 628, 633, 963, 1063, 1133, 1227 Clerks of Superior Court; provisions on additional training, credit for retirement, HB 436 ................................. 1485, 1490, 1634, 1644, 1776, 2056, 2111 Clerks of Superior Court; provisions on storage of records, SB 21 .................... 42, 537, 565, 603, 612, 2415, 2435, 2939 Clerks, Superior Court; change minimum annual salaries, SB 182 .......................................... 559, 756, 801, 845, 872, 899, 912, 970, 971, 2854, 2864, 2939 Clerks, Superior Court; salaries set by population, exclude residents on United States property, certain counties, SB 189 ................................... 594, 756, 801, 845, 912, 946, 1555, 1585, 2185, 2939 Clinch County; conveyance of state owned property, HR 222 ............... 1487, 1492, 2030, 2031, 2231, 2438 Cobb County and City of Marietta; relative to continuing controversy regarding annexation, SR 108 ............. 957, 1058, 1122, 1260 Cobb County and Marietta; relating to continuing controversy between, HR 161 .............................. 901, 906, 1058, 1125, 1258 Cobb County; annexation, requirements, SB 77 ................ 73, 105, 283, 302 Cobb County Board of Commissioners Chairman; compensation, HB 338 ....................... 1441, 1464, 2198, 2202, 2623 INDEX 2997 Cobb County Board of Commissioners; delay salary increase until October 1, 1983, HB 843 ................ 2079, 2089, 2198, 2207, 2632 Cobb County Board of Education; compensation, SB 280................... 1052, 1247, 1332, 1420, 2022, 2163, 2188, 2287, 2415, 2708, 2938, 2939 Cobb County, Certain Officials; compensation, HB 690 .................... 2017, 2025, 2199, 2206, 2632 Cobb County Commissioners; authority relating to expenditures for rapid transit, SB 304 ............................... 1556 Cobb County; date on which taxes due and delinquent, HB 670 .......................................... 1441, 1465 Cobb County Education Districts; change boundaries, SB 279 ..................... 1051, 1247, 1332, 1420, 2239, 2939 Cobb County; enlarge South Cobb Development Area, SB 303 ............................... 1556, 1739, 1741, 2039, 2935, 2940 Cobb County Juvenile Court Judge; compensation, HB 687 ................. 2019, 2025, 2198, 2205, 2627 Cobb County Probate Court Clerk; compensation, HB 693 .................................... 2017, 2025, 2198, 2205, 2628 Cobb County Probate Court Judge; compensation, HB 697 ....................... 2017, 2026, 2198, 2205, 2629 Cobb County Stadium Authority; create, SB 309.......................... 2023 Cobb County State Court; change jurisdiction, HB 596 ............................... 1441, 1465, 2199, 2204, 2647, 2931 Cobb County State Court; compensation of clerk, HB 692 .................................... 2017, 2025, 2198, 2205, 2628 Cobb County State Court; create office of magistrate, HB 806 .................................... 2018, 2026, 2198, 2206, 2630 Cobb County Superior Court Clerk and Deputy; compensation, HB 694 ....................... 2017, 2025, 2198, 2205, 2628 Cobb County Tax Commissioner and Clerk; compensation, SB 278 ................................... 1051, 1247, 1332, 1419, 2021, 2161, 2188, 2287, 2414, 2706, 2938, 2939 Cobb Judicial Circuit District Attorney; change county supplement, HB 813 ..... . .2017, 2026, 2198, 2206, 2662, 2933 Cobb Judicial Circuit Superior Court Judges; supplement to be paid, HB 695 ................ 2017, 2026, 2198, 2205, 2629 Code of Georgia, Official; correct errors, provide for revisions as a result of new Constitution, HB 3 ............................................ 58, 63, 78, 88, 92, 274 Code of Georgia, Official; Election Code correct certain errors, provide for revisions, HB 4 .............. 58, 63, 78, 88, 95, 274, 288 Coffee County High School Football Team; commend, HR 258 ........ 1406, 1424 Cohn, Honorable Aaron; commend, SR 138 .............................. 1424 Colbert, City of, Police Court; change punishment imposed for violations, HB 739 ................ 1537, 1544, 1739, 1743, 2043 Coleman, Albert; commend, SR 256 .................................... 2670 Colleges, Junior; payments by Regents Board for expenditures, SB 157................. 472, 596, 638, 682, 696, 809, 845, 847 Collier, George; recognize on retirement, SR 65............................ 540 Collins, Larry, and Family; commend, SR 165............................ 1572 Colonial Hills Christian School Girls Basketball Team; commend, SR 130 ................................................ 1260 Colquitt County Schools; continue use of proceeds of local sales tax, HB 614....................... 1234, 1245, 1558, 1638, 1747 2998 INDEX Columbia County Board of Commissioners; change composition of districts, HB 537 ........... .951, 959, 2028, 2034, 2218, 2618 Columbia County Board of Education; change composition of districts, HB 538 ....................... 951, 960, 2028, 2034, 2223, 2618 Columbus, City of; change penalties for violations of ordinances, HB 641 .......................... 1235, 1246, 1415, 1501, 1570 Columbus, City of; redefine tort liability of the government, HB 508 ........................... 791, 796, 2198, 2203, 2624 Columbus Municipal Court; increase civil jurisdiction, HB 836 ............................... 2016, 2026, 2198, 2207, 2666, 2932 Combs, Mrs. Tennie Moss; regrets at passing, SR 96 ....................... 763 Commerce, City of; provide for city manager, HB 352 .................. 627, 634, 836, 909, 968, 1238 Commercial Code; negotiable notes, assignment provisions, HB 44. ...................... . .669, 673, 1247, 1333, 1507, 1510 Commission, Governor's Education Review; create, SR 11 ........................ 63, 299, 470, 477, 542, 570, 576, 1631, 2940 Commission to Study Chatham County Hospital Authority; create, HR 292 ........................ 2079, 2089, 2199, 2208, 2667, 2939 Commission to Study Safe Dams; create, HR 27 ....................... 531, 536, 636, 679, 723, 763, 764 Committee; Citizens Task Force to Study Office of Lieutenant Governor, create, SR 78 ............... 595, 836, 908, 1070, 1101 Committee, Economic Development and Tourism; subcommittee study governmental contract matters, SR 91 ........................... 716, 1057, 1122, 1261, 1341, 1352 Committee on Natural Resources and Environmental Quality, Senate Standing; Senator Bowen act as chairman, ..................................................... 1559 Committee, Senate Human Resources; conduct program for care of troubled children, SR 228 ................................ 2621 Committee to Review Electronic Data Processing; create within Office of Planning and Budget, SB 68 ........... 62 Committee to Study Compensation to Victims of Crime; create, SR 125 .............................. 1241, 1416, 1497, 1573, 1577 Committee to Study County and Municipal Grant; create, SR 122 .................................... 1114, 1494, 1560, 2231, 2412 Committee to Study Georgia Transportation; create, SR 162 .................................... 1557, 2200, 2201, 2670, 2677 Committee to Study Handicapped Preschooler; create, SR 41 .......................................... 279, 597, 638, 682, 699 Committee to Study Lower Chattahoochee River; create, SR 114 .................................... 1053, 1249, 1333, 1507, 1508 Committee to Study Medicaid Coverage; create, SR 126 .................................... 1241, 1414, 1497, 1573, 1579 Committee to Study Mental Health and Mental Retardation; create, SR 119 .............................. 1113, 1495, 1560, 1678, 1732 Committee to Study Milledgeville Youth Development Center; create, SR 197 ................................................... 2055 Committee to Study Music Industry; create, SR 64 .......................................... 533, 719, 760, 809, 822 Committee to Study No-Fault Insurance; create, SR 5 ............................................ 44, 597, 638, 682, 697 INDEX 2999 Committee to Study No-Fault Liability Insurance; create, SR 203 ................................................... 2198 Committee to Study Peace Officers' Annuity and Benefit Fund; create, SR 132 ........................ 1325, 1635, 1640, 2056, 2170 Committee to Study School Climate; create, HR 156 ............................... 1487, 1491, 1739, 1741, 2671, 2877 Committee to Study State-wide Fire Protection; extend date for recommendations, HR 90 .................... 750, 754, 837, 910, 1070, 1100 Committee to Study Structure of Financial Institutions; create, SR 155 .................................... 1556, 1632, 1640, 2670, 2672 Committee to Study Tax Credit for Family Support of Mentally Retarded; create, HR 12 ............ 530, 536, 797, 841, 1508, 1530 Committee to Study University System Laboratory and Equipment Needs; create, SR 156 ............. 1557, 2199, 2201, 2670, 2675 Committee to Study Urban County and Municipal Services; create, SR 191 .............................. 1738, 2029, 2031, 2670, 2674 Committee; Workers' Compensation Task Force, create, SR 77 ...................................... 595, 797, 839, 912, 970, 975 Committees, Senate Standing; appointed,............................... 16, 816 Communications from Secretary of State, ..................... 13, 488, 518, 659, 815, 894, 1316, 1734, 2930 Community Affairs Department; powers and duties relating to downtown development authorities and municipalities, HB 247 .............. 669, 673, 2029, 2032, 2231, 2452, 2931 Community Service as Condition to Probation; change provisions, SB 148 ....................... 466, 564, 601, 641, 657, 682, 701 Community Service; conditions relating to persons on probation, SB 206 .......... . .671, 720, 759, 809, 845, 846, 2197, 2308, 2939 Compensation, Certain State Officials; change, SB 113 ......................... 276, 563, 600, 641, 652, 2854, 2882, 2940 Compensation, Certain State Officials; change, HB 189 .................... 1237, 1242, 1414, 1498, 1573, 1586, 1629, 1681, 1682, 1711, 2020, 2069 Conner, L. Mitchell; commend, SR 14..................................... 78 Conservation and Development Program, Resource; commend, SR 133 ................................................ 1260 Conservation Rangers, Natural Resources Department; entitled to retain weapon and badge, certain conditions, HB 465 .................................... 1237, 1243 Constitution of the United States, 200th Anniversary of; urge Congress plan celebration, SR 134......................... 1341, 1555 Constitutional Amendments: Cities, Counties; incurring debt without referendum, SR 19 ....................................................... 102 Education; receive proceeds from levy of one percent sales tax, HR 91 ........................................ 1324, 1329 Elected Official; office declared vacant upon qualifying for other office, certain conditions, HR 30 ................... 1049, 1055, 2029, 2031, 2231, 2416, 2724, 2737 Elected Officials; provisions for automatic resignation when qualifying to run for different office, SR 61....... 468, 756, 801, 845, 878 Game and Fish; prohibit use of steel jaw leg-hold traps on fur-bearing animals, SR 75......................... 560, 1060 3000 INDEX Constitutional Amendments (Continued): General Assembly Members; elect for four years, SR 45 ...................................... 279, 563, 601, 641, 657 Legislation Raising Revenue; two-thirds vote of General Assembly required, certain cases, SR 110 ........................ 1052 Political Subdivisions; levy sales tax, use proceeds for public facilities, SR 4 ........................................... 44 Retirement System for National Guard; General Assembly authorized to provide, SR 50 .................................... 295 Constitutional Officers, Elected; provide for succession in case of temporary disability, HB 424......................... 1048, 1053, 1558, 1638, 1775, 2230, 2303, 2618 Construction Industry Licensing Board; new Code Chapter, HB 460 ........................................ 901, 904, 1495, 1562, 2056, 2120, 2186, 2290, 2348, 2388, 2448, 2933 Consumer Advisory Board; provide for new members, terms of office, HB 140 .................... 593, 596, 756 804, 846, 1070, 1097, 1292, 1311 Consumers' Utility Counsel; powers and duties, change certain provisions, HB 139 ................. .713, 717, 962, 1062, 1133, 1151 Contractors, Electrical and Conditioned Air, Plumbers; licensing provisions, HB 460 ................ 901, 904, 1495, 1562, 2056, 2120, 2186, 2290, 2348, 2388, 2448, 2933 Contractors, Nonprofit; annual audit reports to state agencies, HB 366 .................. 1111, 1115, 1495, 1561, 1677, 1727 Contracts for Public Works; limit amount of retained amounts, SB 242 ...................... 794, 963, 1061, 1133, 1179, 2197, 2292, 2939 Contracts, Public Works; preferential treatment for domestic lumber products, SB 277 ............................. 1051, 1248, 1332, 1425, 1435, 2621, 2709, 2940 Controlled Substances; certain nonnarcotic substances excluded, delete from and add to dangerous drug list, HB 104 .................................... 712, 717, 797, 840, 970, 1034 Controlled Substances; forfeiture of moneys involved in violations, SB 6 ................................. 40, 300, 469, 477, 487 Controlled Substances; forfeitures, money realized from disposition vested in local governing authority, SB 193 ....................... 595, 836, 907, 1132, 1147, 2870, 2881, 2939 Controlled Substances, Marijuana; forfeiture provisions, SB 10 ................................................... 41 Controlled Substances; methaqualone, penalties for possession, SB 194 .............. 595, 720, 759, 809, 814, 1059, 1133, 1215, 1736, 2939 Controlled Substances Regulation; reclassify certain Schedule II substances, SB 271 ...................................... 957 Conyers, City of; homestead exemption, 62 year olds or totally disabled, HB 851 ................................. 2237, 2241, 2622 Cook County Board of Commissioners; compensation, HB 736 .................................... 1537, 1544, 1739, 1743, 2042 Coroners; change bond and surety requirement, SB 49 ........................................... 55, 282, 301, 477, 483 Coroners; release of dead bodies within time limit, certain cases, HB 118 ................................. 953, 958, 2029, 2032, 2671, 2828 Coroner's Training Council; create, SB 50 ............................. 55, 282, 301, 477, 484, 676, 722, 727 Corporation; number of directors required, HB 188 ............................... 1112, 1114, 1249, 1333, 1425, 1457 INDEX 3001 Corporations; change number of directors required when registering with Secretary of State, HB 27 ................. 80, 84, 757, 802, 1342, 1369 Corporations; may be sued for torts, injuries in county originating, SB 85 ........................................... 83, 537, 565, 603, 614 Corporations; provisions relating to registration, HB 373 ............................... 1112, 1115, 1635, 1643, 1775, 1963 Correctional Facilities; confinement provisions, convicted persons with appeal pending, SB 66 ........................................... 62, 564, 599, 641, 648 Correctional Industries; inmates employed, compensation prohibited, provide for use of funds, SB 41 ................................ 54, 564, 599, 641, 643, 1736, 2939 Cosmetologists; change definition, licensing provisions and board membership, HB 294. ............. 1485, 1490, 1634, 1641, 2056, 2119, 2194 Council of Juvenile Court Judges; receive legal, social case information on child, SB 246 ................................ 830, 1057, 1120, 1261, 1341, 1345 Counties, Cities; incurring debt without referendum, SR 19 ................................................ 102 Counties; reimbursement procedures for capital felony expenses, HB 8............................. 627, 631, 755, 801, 1070, 1093 County and Municipal Grant, Committee to Study; create, SR 122 .............................. 1114, 1494, 1560, 2231, 2412 County Boards of Equalization; alternate method of selecting, HB 368 .................... 1485, 1490, 2029, 2033, 2886, 2911 County Boards of Tax Assessors and Boards of Equalization; provisions on age of members, filling of vacancies, HB 75 ....................... 953, 957, 1330, 1418, 1507, 1573, 1574, 2019 County Documents; provisions on storage of records, SB 21 ........................... 42, 537, 565, 603, 612, 2415, 2435, 2939 County Tax Digests; procedures relating to adjustment and equalization, SB 142 ................................. 465 County Treasurers; election provisions, HB 18 .......................... 98, 103, 636, 678, 723, 741, 1239 Court, Juvenile; jurisdiction, definitions, SB 138 ......................................... 295, 797, 838, 911, 939 Court, Magistrate; establish in each county, powers and duties, HB 121 ................................ 955, 958, 1416, 1497, 1573, 1583, 1776, 2230, 2242, 2415, 2434, 2723, 2725, 2747, 2937 Court, Supreme; change provisions relating to terms and proceedings, HB 580 ......................... 1322, 1327, 1740, 1741, 2056, 2166, 2617 Courts; documents may be prepared on letter-size paper, SB 84 ........................ 82, 300, 470, 477, 542, 570, 574, 1554, 2939 Courts; judges' powers and procedures for temporary assistance in other courts, HB 581 ................. 1322, 1327, 1634, 1644, 2230, 2334 Courts, Juvenile Court Judges Council; legal case information on children, SB 246. ................... . .830, 1057, 1120, 1261, 1341, 1345 Courts, Municipal; authorized to try criminal cases of possession of marijuana, one ounce or less, HB 116 .................................274, 281, 1059, 1122, 1425, 1480 Courts, Probate; change costs for certain services, SB 31 ...................:.... 52, 281, 301, 477, 542, 570, 581, 2076, 2940 3002 INDEX Courts, Probate Judges; filling of vacancies, appointments in case of disqualification, SB 249 ...................... 831, 963, 1061, 1133, 1223, 2196, 2313, 2939 Courts, Probate; judges, minimum salaries, SB 32 .................. 52, 281, 301, 477, 542, 570, 582, 2022, 2067, 2130, 2133, 2188, 2315, 2618, 2939 Courts; proceeds from criminal and traffic fines used for training peace officers, SB 70 ........................... 62, 474, 570, 602, 604, 1112, 1204, 2939 Courts; provisions for magistrate court in each county, SB 144 ............................................... 466 Courts, State; provide for creation and uniformity, HB 145 ........................... 791, 794, 1634, 1641, 2230, 2294, 2618 Courts, Superior; time for trial in civil cases, exceptions if party is 70 years or older, SB 60 ..................... 61, 1059, 1119, 1261, 1289 Courts; transcripts of trial record for appeals, payment of costs, SB 156 .................................. 468, 598, 638, 682, 695 Crawford, City of; Mayor and Councilmen; change terms, SB 293 ................................ 1325, 1494, 1560, 1673, 2239, 2939 Credit Unions; change certain provisions, SB 162 .......................... 473, 718, 758, 809, 811, 1738, 2113, 2939 Creech, Sam; commend, SR 103 ......................................... 873 Crime, False Report; change penalty provisions, SB 3 ................................................... 39, 64, 77, 88 Crime of Escape; change penalty provisions, SB 143 .......................................................... 466 Crime of Murder; life imprisonment without parole as alternative to death penalty, SB 20.................................... 42 Crime of Sexual Assault; define, SB 40 ........................... 54, 636, 676, 722, 726, 2076, 2092, 2188, 2288, 2348, 2433, 2933, 2940 Crime of Sexual Assault; define, SB 52 .................................... 56 Crime of Sexual Exploitation of Children; redefine minor as under 16 years of age, SB 46 ................................ 55 Crime of Shoplifting; redefine, HB 299 ................................. 953, 958, 1634, 1642, 2056, 2089 Crimes and Offenses, Bad Checks; penalties, SB 139 .......................................................... 295 Crimes and Offenses; bad checks, restitution allowed as part of penalty, HB 245 ............. 1236, 1242, 1416, 1498, 1573, 1677, 1718, 1990, 2015, 2187, 2290, 2704, 2933 Crimes and Offenses; prosecution barred by former prosecution, circumstances for termination, SB 153 ............... 467, 537, 566, 603, 621 Crimes Involving Bad Checks; change penalty, SB 45 ....................... 54, 300, 469, 477, 542, 554, 2022, 2070, 2939 Criminal and Traffic Fines; proceeds used for training peace officers, SB 70 .................... 62, 474, 570, 602, 604, 1112, 1204, 2939 Criminal Cases, Appeals; motions for new trial, SB 69 ....................... 62, 474, 538, 570, 602, 603, 2415, 2441, 2939 Criminal Cases; bail for aggravated assault may be granted by court of inquiry rather than superior court judge, HB 7 .............................. 72, 76, 537, 566, 603, 622 Criminal Cases, Sentencing; witnesses or victims named to provide for future notification of release of defendant, SB 226 ..................................... 715, 1118, 1251, 1425, 1456 INDEX 3003 Criminal Cases; time limit for filing pretrial matters, SB 44 ............................................................ 54 Criminal Extraditions; certain documents issued under executive seal, HB 136........................ 292, 297, 474, 539, 570, 603, 611, 874 Criminal Justice Coordinating Council; additional members, HB 133 .............................. 275, 281, 757, 804, 971, 1038, 1553 Criminal Offenses; crime of escape, failure to return after conditional release, HB 381 .......... 670, 674, 1059, 1123, 1261, 1309, 1553 Criminal Procedure; accused receive copy of indictment, list of witnesses furnished on demand, HB 23 ........................................ 72, 75, 636, 678, 723, 746 Criminal Procedure; appeal bonds, provisions, SB 108 ..................................... 275, 1117, 1251, 1342, 1366 Criminal Procedure; bail procedures, HB 135 ..................................... 729, 1416, 1498, 1573, 1584 Criminal Procedure; bonds, forfeiture proceedings, time limit or no judgment rendered, HB 326 ................................. 829, 832, 1740, 2671, 2789, 2936 Criminal Procedure; continuance requirements if attorney is General Assembly member, HB 478 ....................... 1404, 1410, 1635, 1644, 2671, 2827 Criminal Procedure; death penalty cases, Attorney General and attorney notified of execution date, HB 313 ............... . . 558, 562, 1117, 1253, 1426, 1481 Criminal Procedure; provide for uniform violation citation and complaint form for certain offenses, SB 99 ............................ 101 Criminal Procedure; reimbursement to counties for capital felony expenses, HB 8............................. 627, 631, 755, 801, 1070, 1093 Criminal Procedure; return of stolen property to rightful owners, SB 172 ................................532, 1059, 1119, 1261, 1341, 1351 Criminal Procedure; sentence review, SB 78 ........................................... 74, 598, 637, 681, 685 Criminal Trials; equalize number of peremptory challenges to jurors, certain cases, SB 22 .......................................... 43 Crossbows for Hunting; certain handicapped persons may use, HB 288........................... 713, 717, 799, 841, 1070, 1091 Crowe, Timothy Floyd; commend and invite to appear before Senate, SR 161 ............................................ 1628 Cuddeback, Beth; recognize, SR 124 ........................ 1178 Custody, Child; temporary orders under certain conditions, HB 222 ................................ 530, 534, 635, 679, 723, 763, 767 D Dallas Jaycees; commend, SR 171 ...................................... 1572 Dallas Lions Club; commend, SR 153 ....................... 1571 Dallas-Paulding County Chamber of Commerce; commend, SR 187....... 1717 Dallas Woman's Club; commend, SR 236 ........................... 2302 Dams Study Commission, Safe; create, HR 27. . 531, 536, 636, 679, 723, 763, 764 Dangerous Drugs; add to and delete from listing, exclude certain nonnarcotic substances from controlled list, HB 104 ......... 712, 717, 797, 840, 970, 1034 Data Processing Review Committee; create within Office of Planning and Budget, SB 68 ................................. 62 3004 INDEX Davis, Jim; commend, SR 137.......................................... 1507 Davis, Paul; gratitude to, SR 205 ....................................... 2117 Dawkins, Senator Harrill; excused, son's illness ........................... 1150 Dawson County; conveyance of state owned property, HR 14 .................................. 792, 796, 1250, 1336, 1508, 1531 Dead Bodies; disposition permit requirements, HB 435 ............................... 1476, 1488, 1634, 1644, 2671, 2832 Dead Bodies; released to next of kin within time limit, certain circumstances, HB 118 ................................. 953, 958, 2029, 2032, 2671, 2828 Deaf, Hearing Impaired Persons; use of interpreters in criminal cases, SB 176 .............. 558, 798, 838, 912, 944, 1058, 1133, 1217, 2935, 2940 Dean, Judge William T.; commend, SR 113 .............................. 1069 Death Penalty Cases; date of execution, Attorney General and attorney of record must be notified, HB 313 .................................558, 562, 1117, 1253, 1426, 1481 Death Penalty, Imposition of; relative to federal appeals process, SR 86 ................ 672, 1059, 1122, 1260, 1264, 1294, 1320, 1342, 1400 Death Penalty, Murder Cases; life imprisonment without parole as alternative punishment, SB 20 ........................ 42 Death Sentence; suspension of execution by Pardons and Paroles Board, Governor no authority, HB 22.................... 72, 75, 636, 678, 723, 745 Decatur, City of; change corporate limits, HB 322 ..... 626, 633, 1116, 1253, 1337 Decatur, City of; extend corporate limits, HB 740 ... 1537, 1544, 2198, 2206, 2630 Decatur County Airport Authority; create, HB 705 .................................... 1404, 1414, 2028, 2036, 2209 Decatur County State Court; compensation of judge, HB 443 ...................................... 790, 795, 1116, 1254, 1337 DeKalb County Board of Commissioners; powers and duties, HB 483 .................................... 1320, 1328, 2198, 2203, 2624 DeKalb County; powers of municipal corporation, unincorporated area, SB 187 ........................... 560, 718, 759, 805 DeKalb County Probation System; become part of State-wide system, HB 220 ........................ 529, 534, 719, 760, 807 DeKalb County Recorder's Court; successor for chief and associate judge, HB 826 ............................. 1701, 1729 DeKalb County State Court Clerk; assign docket numbers to certain documents, HB 752 ................. 1539, 1546, 2028, 2036, 2210 DeKalb County State Court; provide for procedure, HB 753 .................................... 1539, 1546, 2028, 2036, 2210 DeKalb County State Court; remove certain county residency requirements, HB 574 ............... 1047, 1056, 1415, 1500, 1567 DeKalb County Superior Court Clerks; fees, HB 501 ................. 1047, 1056 DeKalb-Fulton County; costs for superior court clerk's services, HB 434 ...................................... 1048, 1054 Dekle, David; commend, SR 57.......................................... 304 Dent, Honorable Richard A.; authorize portrait in State Capitol, SR 49 ......................... 279, 836, 908, 970, 1015, 1738, 1932, 2940 Dentists and Hygienists; service of documents, licensing provisions, HB 386. ..................... 1049, 1053 1634, 1643, 2056, 2091 Development Authorities; define project relating to hotel and motel facilities, SB 282....................... 1052, 1249, 1332, 1425, 1428 Development Authority, Georgia; expand purpose, powers and duties, HB 567 ................... 1324, 1327, 1740, 1741, 2056, 2134, 2193 Dietitians, Registered; relating to, HR 211 .......................... 1406, 1412 INDEX 3005 Disaster Preparedness Plan; requirements for hospitals, HB 585 ......................... 1404, 1412, 1634, 1645, 1775, 2056, 2127 Disciplinary Actions Against Doctors, Reports of; conditions, HB 639 ..................... 1485, 1490, 2029, 2036, 2230, 2354 Dispossessory Proceedings; payment of rent into court, HB 51 ...................................... 291, 296, 537, 566, 603, 623 Distilled Spirits Distribution Act; provide, SB 290............ 1241 District Attorneys, Assistant; compensation, method of determining, SB 170 ............................................. 532 District Attorneys, Assistant; credit for prior State employment toward compensation, SB 207 ............... 671, 963, 1061, 1132, 1143, 1736, 2939 District Attorneys Emeritus; change retirement benefit, certain circumstances, SB 125 ................................ 278 District Attorneys Emeritus; change salary provisions, SB 92 ...................................... 84, 109, 757, 799 District Attorneys Emeritus; relating to law practice, SB 96 ..................... 100, 756, 800, 845, 891, 2827, 2855, 2936, 2940 Divorce; no final judgment until all issues adjudicated, HB 186 ........................................... 530, 534 Doctors of the Day: Anderson, Dr. Gail ................................................ 476 Anderson, Dr. Larry ............................................... 484 Ashley, Dr. Julia ................................................. 1963 Atha, Dr. John ................................................... 1088 Bailey, Dr. Bates ................................................. 1143 Bethea, Dr. Stephen .............................................. 1528 Boddy, Dr. Evan .................................................. 464 Bohler, Dr. Emory ................................................ 1045 Brown, Dr. Thomas ................................................. 78 Burk, Dr. Billy ................................................... 1528 Burns, Dr. Brantley ............................................... 2228 Carter, Dr. Frank .................................................. 89 Christmas, Dr. Joe................................................. 682 Dallas, Dr. R. E. .................................................. 575 Darden, Dr. John ................................................. 2075 Davis, Dr. Gordon ................................................ 2616 Duane, Dr. Larry .................................................. 871 Evans, Dr. Arthur ................................................. 288 Gamwell, Dr. John ................................................ 950 Gladstone, Dr. Neil................................................. 47 Gladstone, Dr. Neil ............................................... 1464 Hagler, Dr. James ................................................. 812 Hames, Dr. Curtis ................................................ 1233 Hammesfahr, Dr. Rich ............................................ 2075 Hatfield, Dr. Theodore ............................................. 871 Jolley, Dr. Fleming ................................................. 65 Kaufmann, Dr. James ............................................... 25 Kinard, Dr. Garland ................................................ 57 Lane, Dr. Kelvin .................................................. 726 Mattingly, Dr. Larry ............................................... 541 Maughon, Dr. Bob................................................. 812 May, Dr. Stephen C............................................... 1583 3006 INDEX Doctors of the Day (Continued): Menendez, Dr. Jack .............................................. 1288 Payne, Dr. Peter .................................................. 611 Pennington, Dr. Weems ............................................ 765 Rankin, Dr. Fred ................................................. 1699 Rearick, Dr. David ................................................ 667 Sams, Dr. Ferrol A. HI ........................................... 2075 Sanders, Dr. Beverly .............................................. 1356 Theus, Dr. Tom ................................................... 812 Todino, Dr. Joel.................................................. 2940 Vaughn, Dr. Christopher ........................................... 109 Doctors, Reports of Disciplinary Actions Against; conditions, HB 639 ..................... 1485, 1490, 2029, 2036, 2230, 2354 Dodge County Board of Education; appointed school superintendent, HB 862 ........................... 2238, 2242, 2622, 2623 Doerun, City of; mayor and council, election, HB 730 .................................... 1537, 1544, 1633, 1647, 1754 Dog, Police; unlawful to destroy or harm, SB 13 ............41, 56, 281, 300, 477, 542, 570, 578, 792, 821, 1527, 1529, 1589, 1956, 2023, 2939 Domestic Relations Cases; personal jurisdiction over nonresidents, civil practice, SB 239. ............. 793, 1059, 1120, 1261, 1310, 2826, 2855, 2940 Domestic Relations Cases; personal jurisdiction over nonresidents, civil practice, SB 257 .............................. 903 Domestic Relations; child abuse cases, unlawful to publicly name child in news media, HB 103................. 627, 632, 797, 840, 1133, 1213 Domestic Relations; child support, alimony, original court retains jurisdiction, SB 240........................... 793, 1059, 1120, 1261, 1312 Domestic Relations; children age 12 and over may select parent in custody cases, SB 76 ............................... 73, 537, 565, 603, 613 Domestic Relations; divorce, no judgment effective until all issues adjudicated, HB 186 .............................. 530, 534 Domestic Relations; establish children's policy, SB 272 ............................... .957, 1057, 1122, 1261, 1341, 1350 Domestic Relations; family violence shelters, not licensed as personal care home, HB 142 ......................... 530, 533, 797, 841, 1070, 1096 Donnella, Michael Andre; commend, SR 224 ............................. 2230 Dooley, Vince; commend and invite to appear before Senate, SR 157 .................................................. 1628 Dooly County Tax Commissioner; compensation, SB 296 .............. 1408, 1558, 1636, 1746, 2687, 2824, 2939 Doraville, City of, Mayor and Council; term of office, HB 729 .........:.......................... 1537, 1543, 2028, 2036, 2210 Dougherty County Board of Commissioners; change districts, HB 801 ............................ 1592, 1604, 1739, 1745, 2048 Dougherty County Sheriff, Supreme Court Clerk and Probate Court Judge; salary, HB 621 ....... 1111, 1116, 1248, 1336, 1423 Dougherty County Small Claims Court; change to Magistrate Court, HB 779 ............ 1541, 1549, 2028, 2037, 2656, 2931 Dougherty County State Court; powers and duties, HB 780 ............................... 1542, 1549, 2028, 2037, 2658, 2931 Douglas County Airport Authority; create, HB 783 .................................... 1542, 1550, 1634, 1650, 1762 Douglas County Magistrate's Court; vacancy filled by superior court judges, HB 782 ................. 1542, 1550, 1634, 1650, 1761 INDEX 3007 Douglas Judicial Circuit Superior Court Judges; supplement paid, HB 811 .................... 1593, 1605, 2028, 2038, 2214 Downey, Carol; recognize, SR 124 ...................................... 1178 Downtown Development Authority Law; change legislative purpose, HB 247 ................... 669, 673, 2029, 2032, 2231, 2452, 2931 Driver's License; fee required for return after suspension, SB 268 .......................... 956, 1118, 1252, 1342, 1372, 2196, 2939 Driver's License; issuance of duplicates by Public Safety Department, SB 8 ........ 40, 64, 77, 88, 89, 97, 109, 268, 1554, 1713, 2939 Driver's License; nonresident students attending school exempt from requirements, HB 318 ................ 749, 752, 964, 1062, 1132, 1144, 1324 Driver's License; persons under 18 years required to complete drug and alcohol course, HB 391 ....... .670, 675, 757, 805, 845, 970, 1035, 1112, 1230 Driver's License; suspended or revoked, penalties for driving, SB 223 ........................... 715, 1118, 1251, 1342, 1397 Driver's License, Suspension, Revocation; penalties for driving under influence of alcohol or drugs, HB 130 ......... 593, 596, 837, 908, 970, 1016, 1112, 1153, 1203, 1204, 1605, 1631 Driving Under Influence of Alcohol or Drugs; penalties, HB 130 ........................ 593, 596, 837, 908, 970, 1016, 1112, 1153, 1203, 1204, 1605, 1631 Driving Under Influence of Alcohol or Drugs; penalties, change of charges, SB 103 .............................. 101, 1117, 1250, 1425, 1444 Driving Under the Influence Conviction; higher insurance coverage required, SB 292 ............................... 1325 Drug Abuse Treatment Programs; licensed, SB 281 ......................................................... 1052 Drug and Alcohol Courses; required for driver's license for persons under 18 years, HB 391............ .670, 675, 757, 805, 845, 970, 1035, 1112, 1230 Drugs, Dangerous; forfeiture of moneys involved in violations, SB 6 ................................... 40, 300, 469, 477, 487 Drugs, Dangerous; marijuana, forfeiture provisions, SB 10 .................... 41 Drugs, Dangerous; penalties relating to possession of methaqualone, SB 194 .............. 595, 720, 759, 809, 814, 1059, 1133, 1215, 1736, 2939 Drugs, Dangerous; reclassify certain controlled substances, SB 271 ................................................ 957 Drugs, Prescription; provisions for tax credit, HB 180 ................................. 828, 831, 1557, 1637, 1775, 2012 Drugs, Third-Party Prescription Programs; regulate, HB 310 ......................... 1146, 1147, 1558, 1637, 2055, 2058, 2618 Dublin, City of; increase maximum fine of city court, HB 803 .................................... 1592, 1604, 2028, 2038, 2213 E Bakes, Bobbie Diane; recognize, SR 95 ................................... 732 Early County Board of Commissioners; term of four years, HB 821 .......................... 1700, 1729, 2028, 2039, 2215 Early County Probate Court Judge; annual salary, HB 823 .................................... 1701, 1729, 2028, 2039, 2216 3008 INDEX Early County Small Claims Court Judge; compensation, HB 824 .................................... 1701, 1729, 2028, 2039, 2216 Early County State Court Judge; compensation, HB 822 ................................. 1700, 1729, 2028, 2039, 2216 East Point Building Authority; create, SB 308 ............................... 1631, 1739, 1742, 2041, 2935, 2940 Economic Development and Tourism Committee; subcommittee study governmental contract matters, SR 91 ............................... . .716, 1057, 1122, 1261, 1341, 1352 Edge, Mitzie; recognize, SR 117 ........................................ 1177 Education, Adequate Program (APEG); school bus drivers, minimum salaries, HB 297 ......... 1405, 1409, 1632, 1641, 2056, 2114, 2619 Education Authority (Schools); word project include public library facilities, SB 185 ............................... 560 Education Board, Department and Regents; included as "agency" for Administrative Procedure rule making, regulation of private schools prohibited, HB 327 . 828, 832, 1415, 1498, 1573, 1677, 1678, 2130, 2184, 2284 Education Board; provide public school course on alcohol and drug dangers while driving, license requirements under 18 years, HB 391 ..................... 670, 675, 757, 805, 845, 970, 1035, 1112, 1230 Education Board, State; administer incentive grant program to local schools, SB 64 ........................... 61, 281, 301, 477, 542, 570, 585 Education Board, State; change provisions on vacancies, HB 17 ........................................ 71, 75, 636, 678, 723, 740 Education Boards, Counties; acquire or sell property in connection with vocational education programs, SB 112 .............. 276, 536, 565, 603, 618 Education, Capital Outlay Funds; average daily attendance projections include nonresident students, HB 532 ......................... 1321, 1326, 1633, 1644, 1776, 2056, 2084, 2189, 2393, 2620, 2709, 2738, 2786, 2827, 2830, 2880, 2927, 2938 Education, Higher; loans and bonds by Private Colleges and Universities Authority HB 432 ........................ 828, 833, 1248, 1335, 1507, 1526 Education; junior colleges, payments by Regents Board for expenditures, SB 157 ............................ 472, 596, 638, 682, 696, 809, 845, 847 Education; Medical Education Board, recreate, HB 159 ................................ 540, 541, 597, 638, 682, 709, 722, 723, 874, 890, 1208, 1231, 1470, 1552 Education; military recruiters have access to campus in public secondary schools, HB 56 ........................ 529, 533, 755, 803, 845, 1070, 1099 Education, North Georgia College Military Scholarships; change certain provisions, HB 308. ................. 669, 674, 1248, 1334, 1425, 1459, 2192 Education; performance evaluations, certain teachers, SB 230 ................................................. 751 Education, Postsecondary; nursing students included in loan program, SB 104.................................... 102 Education, Postsecondary; Regents Board scholarship program, elderly citizens attend University System schools free, HB 19. ...... 72, 75, 636, 678, 723, 743 Education; recejj'e^roceeds from levy of one percent sales tax.VHRJJl ........................................... 1324, 1329 EducaiMn ReviSw Commission, Governor's; create, S|p 1 ........................ 63, 299, 470, 477, 542, 570, 576, 1631, 2940 Education; State grants to local school systems to offset revenue loss from change in taxes on banks, HB 441 ............................... 1322, 1326, 2027, 2034, 2671, 2870 INDEX 3009 Education; teachers, sick leave accumulation, SB 164 ......................................... 473, 718, 758, 809, 812 Elderly Citizens; attend University System schools without charge, certain courses, HB 19 ................................. 72, 75, 636, 678, 723, 743 Elected Official; office declared vacant upon qualifying for other office, certain conditions, HR 30 ..................... 1049, 1055, 2029, 2031, 2231, 2416, 2724, 2737 Elected Officials; conflicts of interest, State Ethics Commission, SB 228 ......................................... 716 Elected Officials; provisions for automatic resignation when qualifying to run for different office, SR 61 .......................... 468, 756, 801, 845, 878 Elected Officials; referendum required to abolish or change term during term to which elected, HB 21 ......................... 72, 75, 798, 840, 1133, 1225 Election Board, State; elect Mrs. Shirley Altman of Thomas County, SR 143 .................. 1556, 2029, 2031, 2230, 2336 Election Code; campaign contributions and expenditures, lawful use by candidates, SB 79 ..................... 74, 636, 676, 722, 730 Election Code; campaign material placed on certain property, remove restrictions, SB 195 .............................. 595, 756, 801, 845, 880, 2619, 2939 Election Code; candidates, qualifying requirements, SB 171 ......................... 532, 635, 676, 722, 732, 1630, 1697, 2939 Election Code; change various provisions, SB 165 ...................... 531, 676, 721, 764, 773, 809, 845, 850, 1555, 1936, 2939 Election Code; correct typographical and other errors, HB 4 ....................................... 58, 63, 78, 88, 95, 274, 288 Election Code; eligibility requirements for officeholder, voter registration qualifications, HB 32 ............................... 99, 103, 757, 803, 1342, 1380, 1552 Election Code, Municipal; election returns, procedure for filing, HB 29 ...................................... 81, 85, 757, 802, 1342, 1371 Election Code; primary runoff, provisions on those eligible to vote, HB 35 ..................................... 99, 104, 757, 803, 1342, 1395 Election Code; provide nonpartisan election of judges, certain local officials, HB 314 ........................... 669, 674, 1117, 1253, 1342, 1381, 1553 Election Code; public disclosure of candidates of campaign contributions and expenditures, SB 248.......................... 831, 1117, 1251, 1342, 1391 Election Code; unopposed candidates, ballot provisions, SB 16 ........................................................ 42, 756 Election Code; voter registration, HB 28 ...................................... 81, 85, 757, 802, 1342, 1370 Elections, Nonpartisan Municipal; qualification reopening upon death of candidate, HB 622................ 1487, 1492, 2029, 2035, 2231, 2450, 2932 Electric Power Substations; membership corporations conform to local zoning plans, SB 217 ................................ 714 Electronic Data Processing Review Committee; create within Office of Planning and Budget, SB 68 ..................... 62 Embry, Jenifer; commend, SR 37 ........................................ 108 Emergency Medical Technicians; render certain services in hospital, HB 80 .......................... 1111, 1114, 1495, 1561, 1776, 2231, 2408 Emergency Telephone Number 911; toll free if multijurisdictional, SB 17 .......................................... 42 Emergency Vehicles, Government Owned; permits for flashing lights valid for five years, HB 81 ......................... .900, 903, 964, 1062, 1133, 1214 3010 INDEX Employee, Deceased; provisions for payment of wages to survivors, HB 46 ................................. 1403, 1408, 1558, 1636 Employees' Retirement Board of Trustees; involuntary separation benefits, SR 168 ................... 1631, 2030, 2031, 2670, 2673 Employees' Retirement System; change rate of interest used by System, HB 266 .......... 1112, 1115, 1417, 1498, 1573, 1775, 1960 Employees' Retirement System; county probation employees, membership provisions, SB 81 .................................... 82, 964, 1060, 1132, 1134, 2021, 2418, 2724, 2741, 2826, 2889, 2938, 2939 Employees' Retirement System; credit for certain military service, SB 109 ........................................... 275 Employees' Retirement System; credit for certain military service, HB 107 .................... 1393, 1394, 2200, 2202, 2670, 2687, 2739, 2782 Employees' Retirement System; credit for prior service in district attorney's office, SB 126 ............................ 278 Employees' Retirement System; Federal State Shipping Point Inspection Service employees eligible, SB 42 ................ 54, 564, 599, 641, 644, 2020, 2939 Employees' Retirement System; redefine "annuity savings fund", SB 119.............................................. 277 Employees' Retirement System; redefine term, SB 114 .......................................................... 276 Employees', Teachers and Public School Employees Retirement Systems; change provisions, redefine terms, HB 273 ......................... 1393, 1394, 1635, 1641, 1775, 2006, 2193 Employment Security Law; change certain provisions, HB 170 ............................. 557, 561, 798, 841, 1070, 1095, 1553 Employment Security Law; increase maximum weekly benefit amount, HB 250 ....................... 974, 1249, 1334, 1425, 1477 Energy Resources Council; recreate as Office of Energy Resources within Office of Planning and Budget, SB 236 ......... 752 Energy Resources Council; recreate, attached to Office of Planning and Budget, HB 24 ............................ 80, 84, 757, 802, 971, 1070, 1074, 1239 Energy Resources, Renewable; applicability to Resource Recovery Development Authorities Law, HB 109 ..................................... 292, 297, 536, 566, 603, 624 Environmental Facilities; Georgia Development Authority aid local governments, HB 567 ......................... 1324, 1327, 1740, 1741, 2056, 2134, 2193 Equalization Board, State; appeals of assessments and notices, HB 421 .............. 1236, 1243, 2027, 2033, 2231, 2391, 2932 Equalization Boards, Counties; provisions on alternate members, HB 75 ....................... 953, 957, 1330, 1418, 1507, 1573, 1574, 2019 Equalization Boards, Counties; selection of members, HB 368 ............................... 1485, 1490, 2029, 2033, 2886, 2911 Escape, Crime of; change penalty provisions, SB 143 .......................................................... 466 Escape, Crime of; provisions for, HB 381 ........................... 670, 674, 1059, 1123, 1261, 1309, 1553 Estates, Wills; priority of claims, SB 71 ................................... 63 Esthetician; definition and licensing procedures under cosmetology, HB 294 ......................... 1485, 1490, 1634, 1641, 2056, 2119, 2194 Ethics Commission, State; create relating to public and elected officials, SB 228 .......................................................... 716 Ethics, State Officials; certain conduct and business transactions prohibited, HB 606 .................... 1405, 1412, 2029, 2035, 2671, 2791, 2880, 2884 INDEX 3011 Etowah Creative Arts Council of Cartersville; commend, SR 152 ................................................ 1571 Etowah Water and Sewer Authority; qualifications for election, HB 673 ............................ 1321, 1329, 1494, 1564, 1676 Euthanasia; requirements for discontinuance of extraordinary life-sustaining procedures, SB 186 ............................. 560, 719, 758, 1341, 1360 Evidence, Civil Cases; medical bills, authentication of writings, SB 11 ............................... 41, 77, 86, 109, 265, 558, 575, 2939 Evidence, Criminal Cases; use of interpreters for hearing impaired persons, SB 176 .............. 558, 798, 838, 912, 944, 1058, 1133, 1217, 2935, 2940 Examining Boards, State; membership, powers and duties, SB 149 ................................................ 467 Execution Date, Death Penalty Cases; Attorney General and attorney of record must be notified, HB 313 ................ . .558, 562, 1117, 1253, 1426, 1481 Extraditions, Criminal; certain documents issued under Executive Seal, HB 136 ............................ 292, 297, 474, 539, 570, 603, 611, 874 Ezell, Morris E.; commend, SR 51 ....................................... 285 Fair Business Practices Act; requirements relating to hospital billing for discharged patients, HB 545 ............................... 1407, 1411, 2029, 2035, 2230, 2347 Fair Employment Practices Act; revise existing provisions on labor practices, HB 348 ......................................... 1393, 1394, 1634, 1642, 2231, 2371, 2724, 2736, 2739, 2740, 2836, 2937 Fair Market Value; exclude certain costs from definition relating to ad valorem tax, SB 131 ........................................ 293, 718 False Report of Crime; change provisions on penalty, SB 3 ............................................ 39, 64, 77, 88 Family Reunion Month; urge people of state to observe, SR 154 .................................................. 1571 Family Support of Retarded, Handicapped and Elderly, Tax Credit; committee to study, HR 12............................ 530, 536, 797, 841, 1508, 1530 Family Violence Shelters; not licensed as personal care home, HB 142 ................................... 530, 533, 797, 841, 1070, 1096 Fannin County Board of Commissioners; compensation, HB 809 .................................... 1592, 1605, 1739, 1745, 2049 Fannin County Coroner; compensation, HB 810 .................................... 1593, 1605, 1739, 1745, 2049 Farm Products; relating to security interest on sales, HB 88 ............................................... 274, 280 Farm Wineries; licensing and regulation, HB 171 ...................... 628, 632, 1057, 1122, 1260, 1262, 1528, 1532, 1589, 1624, 2873, 2937 Fayette County Magistrate Court; provide, SB 306 ............................... 1556, 1739, 1742, 2040, 2935, 2940 Federal Court Monitors; relative to appointment, SR 69 .......................................... 560, 720, 760, 809, 823 Federal State Shipping Point Inspection Service Employees; eligible for Employees' Retirement System, SB 42 ................................ 54, 564, 599, 641, 644, 2020, 2939 3012 INDEX Federal Surplus Property Program; permanent plan, HR 145 ............................... 1323, 1329, 1494, 1564, 2670, 2721 Felton, Claude; commend and invite to appear before Senate, SR 158 ............................................ 1628 Financial Institutions; advertising requirements for contractual relationships and revocation of offers, SB 200. ............... 101 Financial Institutions; change certain provisions, SB 161 ......................... 473, 718, 758, 808, 810, 2022, 2112, 2939 Financial Institutions; change certain provisions, SB 162 ......................... 473, 718, 758, 809, 811, 1738, 2113, 2939 Financial Institutions; change definition of bank, HB 15 ........................................ 71, 74, 636, 677, 723, 738 Financial Institutions; comprehensive revisions of taxation, HB 440 ......................................... 1237, 1243, 2027, 2034, 2230, 2355, 2724, 2728, 2825, 2829, 2897, 2937 Financial Institutions; payment of funeral expenses from certain deposits of deceased, HB 221 .......................... 628, 633, 835, 909, 1070, 1087 Financial Institutions Structure Study Committee; create, SR 155 .............................. 1556, 1632, 1640, 2670, 2672 Fire Academy; support urging funds for operation, SR 53 .......................................... 296, 720, 760, 809, 819 Fire Data System; support urging funds to continue operation, SR 54 ................................. 296, 720, 760, 809, 819 Fire Protection Study Committee, Fire Chiefs Association; funding recommendation for Fire Academy supported, HR 144 ................................... 629, 635, 837, 910, 1133, 1178 Fire Protection Study Committee, Fire Chiefs Association; funding recommendations to continue fire data system supported, HR 143 ................................... 629, 635, 837, 910, 1133, 1211 Fire Protection Study Committee, Fire Chiefs Association; funding recommendations to improve professionalism supported, HR 142.. .................................629, 634, 837, 910, 1133, 1152 Fire Protection Study Committee, State-wide; extend date for recommendations, HR 90 ................................... 750, 754, 837, 910, 1070, 1100 Fire Service Personnel; urging funds to establish National Professional Qualifications System, SR 52....................... 295, 720, 759, 809, 818 Firearm Discharge on Sunday; allow under certain circumstances, hunting on publicly owned land, HB 96............... 292, 297, 636, 679, 723, 763, 766 Firearms, License to Carry; change certain provisions, HB 385 ......................... 1407, 1410, 1634, 1643, 1776, 2231, 2369 Firearms, Unlawful Possession by Felons; relief from penalties, certain cases, HB 68 ............................ 593, 595, 2199, 2201, 2670, 2684, 2932 Firemen, Prison Guards, Policemen Indemnification; redefine firemen, HB 153 ................................... 557, 561, 757, 804, 1261, 1305 Firemen's Pension Fund; redefine fireman and volunteer fireman, HB 196 ............................... 1405, 1409, 1635, 1641, 2056, 2131 Fishing Boats, Commercial with Power-Drawn Nets; penalties for illegal activities, HB 11 ........................... 627, 631, 799, 840, 1070, 1088 Fishing License, Commercial; seasonal resident, reduce fee, HB 447 ............................... 1049, 1054, 1249, 1335, 1425, 1476 Fitzgerald, Ann; recognize, SR 124 ..................................... 1178 Flashing, Colored Lights for Motor Vehicles; firms selling report information to law enforcement agencies, SB 75 ................... 73 INDEX 3013 Fleeing Police Officer, Crime of; change punishment, HB 231 ................................. 628, 633, 1496, 1561, 2056, 2164 Flint Judicial Circuit District Attorney; provide investigator, HB 820 .................................... 1700, 1728, 2028, 2039, 2215 Flowery Branch, City of; maximum fine which may be imposed by Mayor's Court, HB 539 ................................ 951, 960, 1116, 1254, 1338 Floyd County Board of Commissioners; enact traffic, disposal ordinances, l-.T:. 764 .................................... 1540, 1547, 1633, 1648, 1757 Floyd county Manager; provide, HB 743 .................................... 1538, 1545, 1633, 1648, 1755 Floyd County Merit System Act; additional exemption from coverage under system, HB 744 ............................. 1538, 1545, 1633, 1648, 1756 Floyd County Superior Court Clerk; compensation, HB 745 .................................... 1538, 1545, 1633, 1648, 1756 Foreign Merchandise in Transit; redefine, change provisions relating to ad valorem tax, SB 196. .......................... 629, 718, 759, 809, 816, 2935, 2940 Forest Park, City of; terms of office of Mayor and Council Members, HB 415 ........................................ 749, 753, 906, 966, 1068 Forestry Commission Director; not classified service as pertaining to Merit System, HB 320 .................. 1237, 1242, 1559, 1637, 2056, 2084 Forfeitures Relating to Controlled Substances; money realized from disposition vested in local governing authority, SB 193 ....................... 595, 836, 907, 1132, 1147, 2870, 2881, 2939 Forsyth and Cherokee Counties; judge and solicitor salaries, HB 289. ............................... 529, 535, 962, 1062, 1125 Forsyth County Board of Education; change composition of districts, HB 577 .................................... 1047, 1057, 1247, 1335, 1421 Forsyth County Board of Education; change composition of districts, HB 578 .......................... 1047, 1057, 1247, 1335, 1422 Forsyth County School Superintendent; appointed by board of education, HB 257 ......................................... 528, 534, 596, 639, 680 Fort Valley Municipal Court; change provisions on penalties imposed, HB 517 ...................................... 900, 905, 1058, 1124, 1258 Foster Grandparents Day; designate last Friday in May, HR 243 ............................... 1485, 1489, 1634, 1651, 2231, 2407 Foster, Senator John; excused, illness of wife,............................. 1217 Frampton, Mac; commend, SR 254 ..................................... 2339 Fraudulent Practices; prohibit fraudulently obtaining public housing, SB 214 ..................................... 672, 1059, 1120, 1261, 1291 Friends of Oglethorpe; endorsing efforts, HR 256 .................... 1406, 1424 Fulton County; abolish offices of justice of the peace and constable, SB 132 .................................. 293, 906, 964, 1065, 2194, 2939 Fulton County; adopt ordinances for policing of unincorporated areas, SB 140 ................................... 295, 563, 600, 639, 1050, 2939 Fulton County Board of Commissioners; method of changing compensation, SB 133 ................................... 294, 563, 600, 639, 1050, 2939 Fulton County Board of Health; create by ordinance, SB 263 ................................................. 956 Fulton County Board of Health; provide for creation, SB 134 ............................................... 294 Fulton County Industrial District; continue, HB 85 ..................................... 1046, 1055, 1415, 1497, 1566 Fulton County; lease of state owned property in Atlanta authorized, HR 76 .................................. 954, 959, 1250, 1336, 1508, 1534 3014 INDEX Fulton County Library System; except from the operation certain provisions of that part of Atlanta within DeKalb County, HB 658 ......................... 1536, 1543, 2198, 2204, 2651, 2739, 2787 Fulton County Magistrate Court; appointment of magistrates, HB 609 ......................... 1536, 1543, 2198, 2204, 2625 Fulton County; payment to newspaper for printing court calendar, magistrate's powers, SB 155 ............................. 468, 563, 601, 640, 1050, 1072, 2939 Fulton County Probate Court Judge; nonpartisan nomination, election, SB 105 ................................... 102, 299, 470, 475, 1050, 2939 Fulton County Probation Employee; transfer to state-wide system prohibits involuntary separation retirement provisions, SB 123 .......................... 278, 1494, 1560, 1651, 2239, 2344, 2939 Fulton County Probation Employee; transfer to state-wide system, retirement and insurance provisions, SB 250 ................................................. 901 Fulton County Public Defender; provide, HB 360 ......................... 1046, 1055, 2198, 2202, 2633, 2864, 2871 Fulton County State Court; terms of court, HB 550 .................................... 1536, 1543, 2198, 2203, 2625 Fulton-DeKalb County; costs for superior court clerk's services, HB 434 .................................................... 1048, 1054 Funeral Expenses; pay from certain deposits of deceased, HB 221 .......................... 628, 633, 835, 909, 1070, 1087 G Gainesville Municipal Court; change jurisdiction, HB 526 ...................................... 900, 905, 1058, 1125, 1258 Game and Fish; conservation rangers entitled to retain weapon and badge, certain conditions, HB 465 .................................... 1237, 1243 Game and Fish; hunting accident, penalties, liability if person responsible was negligent, SB 106................................. 275, 537, 565, 603, 615 Game and Fish; prohibit use of steel jaw leg-hold traps on fur-bearing animals, SR 75............................................... 560, 1060 Game and Fish; use of steel jaw leg-hold traps prohibited until certain date, SB 181 ..................................................... 559, 1060 Garden City, City of; extend corporate limits, HB 345 ......................................... 627, 634, 836, 909, 968 Garner, Senator Wayne; excused from voting, ............................ 1087 Garnishment; amount due shown on summons, SB 38 ........................................... 53, 798, 838, 911, 938 Garnishment for Child Support; hearing requirements, HB 393 ......................................... 1486, 1491, 2199, 2201 Garnishment; in certain cases garnishee immediately answer summons, HB 149 ............................... 1111, 1114, 1635, 1641, 1775, 1965 Garnishment Proceedings; relating to child support payments, HB 325 . . 670, 674, 797, 841, 1507, 1522, 2186, 2286, 2348, 2388, 2732, 2934 Garnishment; provisions relating to retirement funds, HB 675 ............................... 1484, 1489, 1634, 1645, 1775, 1935 INDEX 3015 Gasoline, Diesel Fuel Dispensing; certain type nozzles and valves, SB 251 ........................... 902, 962, 1061, 1133, 1150, 2196, 2939 Gasoline Marketing Practices; refiner or producer prohibited from operating retail service station, SB 48 ............................................... 55 Gasoline Marketing Practices; surcharge relating to credit cards prohibited, SB 54 ................................................... 59 Gasoline Service Stations; attendant required to aid handicapped persons, SB 55 ............................................................ 60 Gates, John J.; compensate, HR 69 ................ 1444, 1467, 1632, 1650, 2171 General Assembly; adjournment January 22 to January 31, HR 32 .............................................. 81, 88 General Assembly; adjournment February 18 to 21, HR 223 .................................................... 1113, 1144 General Assembly; adjournment February 25 to February 28, HR 304 ........................................ 1629, 1733 General Assembly; adjournment March 1 to March 3, 1983, SR 219 .......................................... 2184, 2187, 2191 General Assembly; adjournment sine die March 4, 1983, SR 261 .................................................... 2889, 2926 General Assembly; adjournment sine die March 4, 1983, HR 434 .................................................... 2926, 2939 General Assembly; certain legislation raising revenue requires two-thirds vote for passage, SR 110 .......................................... 1052 General Assembly; define population bill, prohibition and requirements for passage of acts, HB 374 ........... 1236, 1242, 1635, 1643, 2230, 2300, 2621, 2676, 2738, 2788, 2835, 2937 General Assembly; House of Representatives, change certain districts, HB 638 ............................... 1323, 1328, 2029, 2036, 2231, 2437 General Assembly, Joint Session; inauguration of Governor, HR 5 .............................................. 28, 45, 47 General Assembly; Legislative Services Committee membership, correct Banking and Finance Committee to reflect name change, SB 30 ................................ 44, 676, 720, 763, 770, 2020, 2940 General Assembly; local legislation, advertisement of notice of intention to introduce, HB 389 ............................. 670, 674, 837, 910, 1070, 1089, 1239 General Assembly; maintenance and publication of laws and enrolled Acts, HB 30 ............................... 98, 103, 757, 802, 1342, 1374, 1553 General Assembly Members; attorney in criminal case, continuance in court, HB 478 ............................... 1404, 1410, 1635, 1644, 2671, 2827 General Assembly Members; elect for four years, SR 45 .......................................... 279, 563, 601, 641, 657 General Assembly Members; expense allowance increased, HB 189 ......................... 1237, 1242, 1414, 1498, 1573, 1586, 1629, 1681, 1682, 1711, 2020, 2069 General Assembly Members; no service credit under local retirement system, SB 63 ....................................... 61, 105, 283, 304, 476, 480 General Assembly Members; oath of office, HB 33 99, 103, 757, 803, 1342, 1375, 1551, 2180, 2187, 2335, 2741, 2934 General Assembly; President Pro Tempore of Senate and Speaker Pro Tempore of House, powers and duties when presiding, HB 36 ..................................... 99, 104, 757, 803, 1507, 1509 General Assembly; recognize certain constitutional principles, lawyers holding public office, right to practice, HB 707 ......................... 1405, 1412, 1558, 1639, 2055, 2057, 2075 3016 INDEX General Assembly; Secretary of Senate and Clerk of House, election provisions, HB 16 ........................................ 71, 74, 636, 677, 723, 739 General Assembly; Senate Audit Subcommittee review absence of members from sessions and committee meetings, SB 33........................... 52 General Assembly; Speaker of House of Representatives, determining permanent disability, HB 647 ...................... 1323, 1328, 1559, 1638, 2230, 2335 George, W. Elmer; commend and invite to appear in Senate, SR 225 ................................................ 2669 Georgia Building Authority; urged to use Georgia Railroad Freight Depot as State Museum, HR 255......... 1406, 1412, 1494, 1565, 2055, 2077, 2194 Georgia Bureau of Investigation; Antiterrorism Task Force established, HB 83 .................................. 556, 561, 1416, 1497, 1573, 1581 Georgia Christian School Basketball Team; commend, SR 226 ................................................ 2669 Georgia Development Authority; expand purpose, powers and duties, HB 567 ......................... 1324, 1327, 1740, 1741, 2056, 2134, 2193 Georgia Mayors' Day of Georgia Municipal Association; proclaim January 17, 1983, SR 16 .................................... 87 Georgia Railroad Freight Depot; restoration and use for state museum urged, HR 255 ......................... 1406, 1412, 1494, 1565, 2055, 2077, 2194 Georgia Transportation, Committee to Study; create, SR 162 .................................... 1557, 2200, 2201, 2670, 2677 Gibbs, Terri; gratitude to, SR 206 ...................................... 2117 Gilmer County Commissioner; compensation, HB 856 .................................................... 2238, 2241 Gilmer County Probate Court Judge; compensation, HB 855 .................................................... 2238, 2241 Ginn, Honorable Bo; commend on outstanding service, SR 259 ......................................................... 2720 Glynn County Board of Commissioners; composition of election districts, HB 655 .................................... 1321, 1329, 1494, 1564, 1675 Glynn County-Brunswick Charter Commission; extend time to complete work, HB 556................................. 952, 960, 1739, 1742, 2041 Glynn County; conveyance of property to Mrs. Margaret Burke White, SR 112 ....................... 1053, 1250, 1333, 1424, 1427, 2023, 2940 Glynn County Development Authority; power to contract with Jekyll Island State Park Authority, SB 124 ...................... 278, 474, 538, 567, 793, 2939 Glynn County Probate Court Judge; change provisions on personnel, HB 778 .................................... 1541, 1549, 1739, 1744, 2046 Glynn County; sale of alcoholic beverage for consumption on premises on Sunday, SB 235 ..................................... 752, 906, 965, 1066 Glynn County Sheriff; change provisions on automobile provided to, HB 748 .................................................... 1590, 1602 Gordon County Administrator; change provisions relative to, SB 307 ............................... 1556, 1739, 1742, 2040, 2935, 2940 Gordon County; minimum compensation for certain officers, SB 218 ............................ 714, 836, 907, 967, 1487, 2939 Government Property; use for indecent purpose, penalties, definition, HB 92 ................................. 292, 297, 636, 679, 723, 763, 766 Governor, Elected Constitutional Officers; provisions in case of temporary disability, HB 424 .................... 1048, 1053, 1558, 1638, 1775, 2230, 2303, 2618 Governor George Busbee; veto letter, 1982 session, .......................... 29 Governor, Inauguration Ceremony; joint session, HR 5 ....................................................... 28, 45, 47 INDEX 3017 Governor Joe Frank Harris; address Senate, .............................. 2926 Governor Joe Frank Harris; Budget and State of the State address, HR 6 .......................................... 28, 46, 66 Governor Joe Frank Harris; Inaugural address, ............................. 49 Governor Joe Frank Harris; inauguration, .................................. 47 Governor Joe Frank Harris; State of the State and Budget message, joint session, .................................... 65 Governor, Lt. Governor; oath of office, HB 24 ............................ 80, 84, 757, 802, 971, 1070, 1074, 1239 Governor; no authority over pardons, paroles or suspension of death sentence, HB 22 ........................................ 72, 75, 636, 678, 723, 745 Governor's Education Review Commission; create, SR 11 ........................ 63, 299, 470, 477, 542, 570, 576, 1631, 2940 Governor's Export Council; create within Department of Industry and Trade, SB 213 ................................................672, 1057, 1120 Grain and Livestock Dealers; relating to security interest on sales, HB 88 ........................................ 274, 280 Grain Dealers; application for license, financial statement, bond requirements, HB 90 .................................. 274, 281, 1632, 1640, 2232, 2460 Grain Dealers; provisions on bond required as warehouseman, HB 89 ............................ 274, 280, 1632, 1640, 2055, 2072, 2194 Grand Juries, Ocmulgee Judicial Circuit; provisions for drawing, HB 195 ................................... 293, 298, 757, 805, 1133, 1232 Grand Jury with State-Wide Jurisdiction, Special Investigative; provide, SB 197 ................................ 630 Grants to Local School Systems; State funds to offset revenue loss from change in taxes on banks, HB 441 ............... 1322, 1326, 2027, 2034, 2671, 2870 Grants to Schools; State Education Board administer incentive program, SB 64 .................................. 61, 281, 301, 477, 542, 570, 585 Greene County-Ocmulgee Judicial Circuit; change terms of court, HB 194 ................................... 293, 298, 757, 804, 1133, 1229 Griffin, Honorable Marvin; regrets at passing, HR 209 ...................................................... 954, 970 Griffin Judicial Circuit; change county district attorney supplement, HB 509 ...................................... 828, 835, 1058, 1124, 1257 Griffin-Spalding County Development Authority; define powers, duties, SB 288 ............................... 1241, 1494, 1560, 1652, 2239, 2939 Guardian of Minors; provision for temporary appointment, HB 79 ................................ 1403, 1409, 2027, 2032, 2231, 2389 Guardians, Appointment for Incapacitated Adults; change procedure, SB 29 ............................................ 44 Guardians of Minors; change bond requirements, HB 361 ................................. 750, 753, 1057, 1123, 1507, 1535 Gwinnett County Board of Commissioners; district composition, HB 636 ........................ 1235, 1246, 1330, 1418, 1501 Gwinnett County Board of Education; compensation and expense allowances, SB 305 ............................... 1556, 1739, 1742, 2040, 2935, 2940 Gwinnett County Board of Education; new districts and election of members, SB 219 ............................ 714, 906, 965, 1066, 1737, 1934, 2616 Gwinnett County Probate Court Judge; establishing annual compensation, SB 208 ................................... 671, 836, 907, 966, 2194, 2939 Gwinnett County State Court; provide additional judge, SB 253 ................................ 902, 1058, 1121, 1255, 2194, 2939 3018 INDEX Gwinnett County State Court; relating to vacancies in judge's office, SB 252 ............................ 902, 1058, 1121, 1255 H Habeas Corpus Writs; provisions for transfer of petition to superior court, SB 107 .................................... 275 Hall County Board of Commissioners; expense allowances, HB 674 .......................... 1321, 1329, 1494, 1564, 1676 Hall County Magistrate Court; provide, HB 835 .................................................... 2016, 2026 Hall County School District; district boundaries for Board of Education, HB 587 .................. 1110, 1115, 1247, 1335, 1422 Hames, Dr. Curtis; commend, SR 9....................................... 65 Hancock County Magistrate Court; appointment, SB 276 ......................... 1051, 1247, 1332, 1419, 2021, 2093, 2939 Handicapped Persons; assistance from attendant at self serve gasoline service stations, SB 55 .................................. 60 Handicapped Persons; provisions on access to buildings, SB 297 ................................................. 1408 Handicapped Preschooler, Committee to Study; create, SR 41 .......................................... 279, 597, 638, 682, 699 Haralson County Commissioner; compensation, HB 795 .................................... 1591, 1603, 1739, 1744, 2046 Haralson County Probate Judge; compensation, HB 796 .................................... 1591, 1603, 2028, 2038, 2213 Hardigree, Charles Ronnie; commend, SR 163 ............................ 1572 Harris County Board of Education; provide, HB 844 .................................................... 2236, 2240 Harris County; business license fees and taxes, HB 869 .................................................... 2686, 2694 Harris, Governor Joe Frank; address Senate, ............................. 2926 Harris, Governor Joe Frank; Inaugural address,............................. 49 Harris, Governor Joe Frank; inauguration ceremony, joint session, HR 5 ........................................... 28, 45, 47 Harris, Governor Joe Frank; State of the State and Budget message, joint session, ........................................ 65 Harris, Janet; recognize, SR 115........................................ 1177 Harrison, Senator Carl; excused from voting from January 31 through February 11, hospitalization and illness, ...................... 1003 Hart County Probate Judge; compensation, HB 615 ............................... 1235, 1245, 1494, 1563, 1672, 2020 Hart, Nancy; proclaim January 21 in her honor, SR 56 ........................................................... 303 Hazardous Fuels; certain nozzles required in dispensing gasoline, SB 251 ........................... 902, 962, 1061, 1133, 1150, 2196, 2939 Head of Family; delete section designating husband, HB 236 ............ 1393, 1394, 2200, 2201, 2670, 2682, 2725, 2886, 2887 Health Agencies, Voluntary; Human Resources Department coordinate with on certain programs, SR 131................................ 1242, 1495, 1506 INDEX 3019 Health Care Facilities; disaster preparedness plan required, SB 286 ................................... 1113, 1331, 1418 Health Care Facilities; provide certain information upon request regarding charges and fees, HB 544....................... 1238, 1244, 2029, 2035, 2231, 2458 Health Care Facilities; psychologists allowed staff membership, certain cases, HB 507 ................. 1048, 1055, 1495, 1563, 1678, 1776, 2056, 2124, 2617 Health Care Facilities, Public; payment to radiologists and pathologists only after hospital is reimbursed, SB 34 ............................... 52 Health Care Facilities; regulation of costs, admissions, emergency orders to relocate patients, personal care homes, SB 190 ................. 594, 797, 838, 912, 947, 2333, 2447, 2939 Health Care; hospice program for terminally ill, HB 10 ..................... 1111, 1114, 1495, 1561, 1678, 2231, 2401, 2931 Health Code; approved disaster preparedness plan required of hospitals, HB 585 ......................... 1404, 1412, 1634, 1645, 1775, 2056, 2127 Health Code; emergency medical technicians render certain services in hospital, HB 80 ....................... 1111, 1114, 1495, 1561, 1776, 2231, 2408 Health Code; extraordinary life-sustaining procedures, provisions for discontinuance, SB 186 .......................... 560, 719, 758, 1341, 1360 Health Code; medical procedures, prior written consent from patient, HB 49 .................................... 669, 673 Health Code; rabid animals, requirements and procedures, SB 258 ..................................... 903, 1118, 1252, 1342, 1378 Health Policy Council, Health Planning Review Board; create, SB 121 ............. 277, 719, 758, 911, 970, 976, 2621, 2804, 2936, 2939 Health Records; provisions for disclosure to certain persons designated by patient, SB 225 ..................... .715, 797, 839, 912, 970, 1004, 2197, 2234, 2620, 2939 Heard County Commissioner; compensation, HB 260 ......................................... 528, 534, 675, 721, 761 Heard County Probate Court Judge; compensation, HB 264 ......................................... 529, 535, 675, 721, 762 Heard County Sheriff; compensation, HB 262 ......................................... 528, 535, 675, 721, 762 Heard County Superior Court Clerk; compensation, HB 261 ......................................... 528, 535, 675, 721, 761 Heard County Tax Commissioner; compensation, HB 263 ......................................... 529, 535, 675, 721, 762 Henderson, Jeff; appreciation for, SB 218 ................................ 2229 Henry County Board of Commissioners; compensation, HB 506 ...................................... 828, 835, 1058, 1124, 1257 Henry County; compensation of certain officials, HB 731 .................................... 1537, 1544, 1633, 1647, 1754 Hensley, Mary Lou; commend, SR 166 .................................. 1572 Heritage Trust Commission; extend until July 1, 1988, HB 353 ........................... 829, 832, 1060, 1123, 1261, 1341, 1357 Hicks, Marvin W. "Cap"; elected Sergeant at Arms of Senate, ....................................................... 2232 Higgins, Bertie; commend, SR 249 ...................................... 2339 Higgins, Bertie; gratitude to, SR 211 .................................... 2117 Highways, Interstate; State Patrol primary responsibility for enforcement duties, SB 51 ............................ 55 3020 INDEX Highways; prohibitions relating to hitchhikers, joggers, SB 9 ............................ 40, 64, 77, 88, 91, 720, 763, 768 Highways, State Tollway Authority; Transportation Department provide assistance, HB 255 .................... 593, 596, 757, 805, 845, 1070, 1094 Highways; vehicles, weights and loads, correct error relating to fees for excess weight, HB 168 ................................ 1236, 1242 Hill, Mayor Richmond Daniel; commend, SR 202 ......................................................... 2669 Hoboken, City of; change certain fines, HB 785 .................................... 1590, 1602, 2028, 2037, 2212 Hoffmann, Chris; recognize, SR 48 ................................. 284, 1260 Hollings, U.S. Senator Fritz; introduced,.................................. 760 Holloway, Honorable Al; commend, SR 34 ................................ 108 Homestead Exemption; change date for filing, unlawful to file on behalf of another for a fee, HB 530 .............. 1406, 1411, 1557, 1638, 2055, 2180, 2283, 2369, 2620, 2676, 2784, 2938 Hospice Care; provisions for health care for terminally ill, HB 10 ..................... 1111, 1114, 1495, 1561, 1678, 2231, 2401, 2931 Hospital Authorities; filling vacancies, registered nurse or doctor required on each board, SB 267........................ 956 Hospital Authority Members; conflict of interest policy, HB 10 ..................... 1111, 1114, 1495, 1561, 1678, 2231, 2401, 2931 Hospital Liens; provisions include nursing homes, HB 551 ......................... 1048, 1055, 1495, 1563, 1678, 2056, 2083 Hospitals; approved disaster preparedness plan, HB 585 ......................... 1404, 1412, 1634, 1645, 1775, 2056, 2127 Hospitals; certain psychologists have privilege staff membership, HB 507 .............................. 1048, 1055, 1495, 1563, 1678, 1776, 2056, 2124, 2617 Hospitals; certificate of need required to Health Planning Agency before construction, SB 121 ............. 277, 719, 758, 911, 970, 976, 2621, 2804, 2936, 2939 Hospitals; provide certain information upon request regarding charges and fees, HB 544 ....... 1238, 1244, 2029, 2035, 2231, 2458 Hospitals, Public; payment to radiologists and pathologists only after hospital is reimbursed, SB 34 ................................................ 52 Hospitals; requirements relating to billing for discharged patients under Fair Business Practices Act, HB 545 .......... 1407, 1411, 2029, 2035, 2230, 2347 Hotel-Motel Tax; additional exemption, HB 356 ............................... 1404, 1410, 1557, 1637, 1775, 1964 House of Representatives; change certain districts, HB 638 ............................... 1323, 1328, 2029, 2036, 2231, 2437 House of Representatives; election of Clerk, HB 16 ........................................ 71, 74, 636, 677, 723, 739 House of Representatives; Speaker, determination of permanent disability, HB 647 ............ 1323, 1328, 1559, 1638, 2230, 2335 House Speaker Pro Tempore; powers and duties when presiding, HB 36 ............................ 99, 104, 757, 803, 1507, 1509 Housing, Manufactured; fees required, HB 287 ......................... 1407, 1409, 1494, 1561, 1677, 1724, 2020 Housing, Public; fraudulently obtaining unlawful, SB 214 ..................................... 672, 1059, 1120, 1261, 1291 Housing; Residential Finance Authority, change provisions and definitions, secondary market program, SB 201 ............... 630, 835, 907, 1071, 1109 INDEX 3021 Housing; Residential Finance Authority, Secondary Market Corporation, change provisions, HB 428. ....................... 953, 959, 1247, 1334, 1425, 1469 Housing, Urban Residential Finance Authorities for Large Municipalities; board members, compensation, HB 285 ........... 1536 Howard, Edna Callaway; commend on birthday, SR 104 .......................................................... 808 Howard, Senator Pierre; statement regarding vote on HB 707....................................................... 2228 Huggins, Honorable Waymond C.; sworn in as Senator from 53rd district. ................................................. 816 Human Resources and Education Departments; commend for work in eliminating measles, SR 10 ................................ 65 Human Resources Committee, Senate; conduct program for care of troubled children, SR 228................................ 2621 Human Resources Department; access to certain adoption records without court order, SB 291 ......................... 1241 Human Resources Department; approval of health care facilities' disaster preparedness plans, SB 286 ............................................... 1113, 1331, 1418 Human Resources Department; carry out certain screening and review functions for Medical Assistance Department for federal funds, HB 528 ................ 1405, 1411 Human Resources Department; earned-time allowances for youths in custody, SB 179 ......................... 559, 635, 677, 723, 736 Human Resources Department; escape of unruly child, duties of Youth Services Division, SB 178 .............................. 558, 635, 677, 723, 735, 1554, 2939 Human Resources Department; payroll based on twenty-six pay periods per year, SB 231 ................. 751, 836, 908, 971 Human Resources Department; urged to comply with 1982 resolution to convey land to Heart Association, HR 287 ............................... 1552, 1557, 2029, 2032, 2671, 2727 Human Resources Department; urged to coordinate activities with medical sector and voluntary health agencies, SR 131..................... 1242, 1495, 1506 Hunting Accidents; penalties, liability if person responsible was negligent, SB 106................... 275, 537, 565, 603, 615 Hunting; change certain fees, HB 329 ................................ 792, 795, 1060, 1123, 1342, 1396 Hunting, Crossbows for; handicapped person may use, prohibit use of silencers on guns, HB 288 ...... 713, 717, 799, 841, 1070, 1091 Hunting; discharge of firearms on Sunday allowed on publicly owned lands, certain circumstances, HB 96 .................... 292, 297, 636, 679, 723, 763, 766 Hygienists and Dentists; service of documents, licensing provisions, HB 386 ............. 1049, 1053, 1634, 1643, 2056, 2091 Immunity, Interspousal Tort; reinstate in Code, HB 236 .............. 1393, 1394, 2200, 2201, 2670, 2682, 2725, 2886, 2887 Inauguration of Governor and Lieutenant Governor; joint session,.............. 47 3022 INDEX Inauguration of Governor Joe Frank Harris; joint session, HR 5 ................................................ 28, 45, 47 Indemnification Commission; additional members, change certain definitions, SB 191 ......................... 594, 720, 759, 809, 813 Indictment, Criminal Cases; accused receive copy of accusation, list of witnesses furnished on demand, HB 23 ..................... 72, 75, 636, 678, 723, 746 Industrial Loans; applications for licenses, hearings, SB 270 .......................... 957, 1247, 1331, 1425, 1437, 2195, 2939 Industry and Trade Board; creation and composition, HB 26 ............................ 80, 84, 798, 840, 971, 1070, 1081, 1239 Industry and Trade; create Governor's export council, SB 213 ................................................ 672, 1057, 1120 Industry and Trade Department; expend funds for business meals and incidental expenses for industrial prospects, HB 20 ........... 72, 75, 636, 678, 723, 744 Infant Mortality Rate; relative to reducing, HR 260 ............................... 1484, 1489, 2029, 2032, 2231, 2446 Injuries Caused by Animals; owner's liability, SB 224 .................................... 715, 798, 839, 912, 970, 1007 Inmate Earned-Time Allowance; accrue after sentence becomes final, SB 135 ............................. 294, 564, 600, 641, 653 Inmates Employed in Correctional Industries; compensation prohibited, provide for use of funds, SB 41 ..................... 54, 564, 599, 641, 643, 1736, 2939 Inmates, Penal Institutions; earned-time allowances and early release provisions, HB 505 .............. 1393, 1395, 1417, 1499, 1775, 2001, 2067, 2175, 2617 Inmates, Penal Institutions; not allowed earned-time if serving armed robbery sentence, HB 206................................... 557, 562, 1740, 1741 Inmates, Penal Institutions; provisions on using certain restraints, leave privileges, HB 458 ......................... 1485, 1490, 2030, 2034, 2230, 2339, 2932 Institutional License to Practice Medicine; prohibit or renew certain ones, SB 102 ... 101, 597, 637, 681, 692, 2935, 2940 Insurance; arrest bond certificates, guaranteed, provisions for trucking clubs, HB 179 ................................. 901, 904, 1249, 1333, 1425, 1479 Insurance Code; capital stock or surplus required, change other provisions, HB 634 .................................................... 1486, 1491 Insurance Commissioner; powers and duties relating to third-party prescription programs, HB 310 ................ 1146, 1147, 1558, 1637, 2055, 2058, 2618 Insurance, Committee to Study No-Fault Liability; create, SR 203 ................................................... 2198 Insurance Companies; prepaid legal services plans, include life, accident and sickness as those authorized to write, HB 347 ................................. 901, 904, 1249, 1334, 1425, 1468 Insurance; fees and taxes, HB 286 ............................... 1049, 1053, 1249, 1334, 1507, 1521 Insurance, Group Life; increase maximum coverage for debtors, HB 363 ............................... 1393, 1394, 1558, 1637, 1775, 1962 Insurance, Health; change required coverage for mental disorders, SB 259 ........................................ 903 Insurance; informational booklets, language simplified, SB 200 .............................. 630, 719, 759, 809, 817, 1630, 2939 Insurance, Life; interest rates on policy loans, SB 163 ......................... 473, 756, 800, 845, 874, 1630, 1720, 2939 Insurance, Motor Vehicle Liability; coverage for certain accidents caused by unknown operator, HB 43 ........ 668, 673, 906, 965, 1133, 1227, 2739, 2744 INDEX 3023 Insurance, Motor Vehicle Liability; coverage required for motorcycles, HB 93 ................................ 1407, 1409, 2199, 2201, 2670, 2722 Insurance, Motor Vehicle Liability; increase rates after driving under influence of alcohol conviction, SB 292 ....................................... 1325 Insurance, Motor Vehicle; prohibit certain actions based on involvement in accident, SB 7 .................................. 40, 564, 599, 641, 642 Insurance; municipal license fees and taxes on premiums, life insurance companies, HB 420 ......................... 1483, 1488, 2029, 2033, 2670, 2712, 2936 Insurance, No-Fault; committee to study, SR 5 ............................................ 44, 597, 638, 682, 697 Insurance Plan, Health for Public School Employees; funding provisions, duties of State Personnel Board, SB 175 ......................................... 532, 636, 677, 723, 734 Insurance, Property; change provisions, SB 130 ......................... 293, 537, 565, 603, 619, 2284, 2310, 2940 Insurance; rule and rate making, change provisions, delete certain references to workers' compensation, SB 269 ...... 957, 1059, 1122, 1261, 1293, 2195, 2939 Insurance, Unfair Trade Practices; sale of salvage motor vehicle to unlicensed dealer unlawful, SB 241 ....... 793, 1249, 1331, 1425, 1436, 2196, 2309, 2939 Interest Rates; change maximum allowed certain loans, HB 128 .............................. 669, 673, 835, 908, 971, 1039, 1239 Intoxicated Persons; damages, liability of bartender, SB 88 ........................................... 83, 564, 599, 641, 648 Investigative Grand Jury with State-Wide Jurisdiction, Special; provide, SB 197 ............................................ 630 Investment Pool, Local Government; utilized by additional agencies, HB 242. ......... 829, 832, 1058, 1123, 1261, 1341, 1356 Irrigation Systems; specify those required to have anti-syphon devices, HB 541 ....... 1237, 1244, 1414, 1499, 1573, 2671, 2877 Jackson, City of, Mayor, Councilman; procedure for declaring seat vacant, HB 722 .................................... 1443, 1467, 1633, 1647, 1753 Jackson, City of; state-owned property, conveyance of an estate for years, HR 107 ................................ .751, 754, 1250, 1336, 1425, 1463 Jasper, City of; provide for incorporation and power, HB 333 ........................................ 626, 633, 836, 909, 967 Jasper County; abolish office of treasurer, HB 590 .................................... 1110, 1115, 1415, 1500, 1568 Jaycees Rebel Corps, Georgia; commend, SR 106 .......................... 808 Jeff Davis County Board of Commissioners; composition of districts, HB 749.......................... 1538, 1545, 1739, 1743, 2043 Jeff Davis County Board of Education; composition of districts, HB 751 .......................... 1539, 1546, 1739, 1743, 2044 Jefferson County; abolish office of treasurer, provide person to perform, HB 312. ................. 557, 562, 755, 805, 844 Jefferson County Probate Judge; annual salary, HB 761 .................................... 1540, 1547, 1739, 1744, 2045 Jefferson County Tax Commissioner; compensation, HB 311 ..................................... 557, 562, 755, 805, 842, 937 3024 INDEX Jekyll Island State Park Authority; power to contract with Glynn County Development Authority, SB 124 ............... 278, 474, 538, 567, 793, 2939 Jekyll Island State Park Authority; provisions for fire department to be operated by authority, HB 371 ................ 792, 795, 963, 1063, 1261, 1341, 1344 Jekyll Island State Park Authority; sell alcoholic beverages for consumption on premises, HB 278 ............ 791, 794, 963, 1062, 1133, 1209, 1551, 1705 Joggers, Pedestrians on Highways; prohibitions, SB 9 ................................... 40, 64, 77, 88, 91, 720, 763, 768 Joint Session, General Assembly; combined State of State and Budget Message by Governor, HR 6 ................................... 28, 46, 66 Joint Session, General Assembly; inauguration of Governor, HR 5 .............................................. 28, 45, 47 Joint Session, General Assembly; judges invited to hear message from Governor, HR 7 .................................... 28, 46 Jones, Ben; commend, SR 253.......................................... 2339 Jones County Board of Commissioners; election, SB 275 ......................................... 1051, 1247, 1331, 1419 Jones County Board of Education; compensation, HB 656 .................................... 1321, 1329, 1494, 1564, 1675 Jones County Magistrate Court; appointment, SB 273 .... 1050, 1247, 1331, 1418, 1737, 2096, 2189, 2285, 2349, 2933, 2940 Jones County Probate Court Judge; compensation, SB 160 ............................. 472, 537, 566, 601, 1240, 1265, 2939 Jones County Tax Receiver and Collector; consolidate into tax commissioner, SB 287 ......................... 1240, 1415, 1496, 1565, 2196, 2285, 2939 Judges, Probate Court; minimum salaries, SB 32 .................................. 52, 281, 301, 477, 542, 570, 582, 2022, 2067, 2130, 2133, 2188, 2315, 2618, 2939 Judges; procedures for temporary assistance from outside judges, HB 581 ............................... 1322, 1327, 1634, 1644, 2230, 2334 Judges; provide for nonpartisan elections, HB 314 ........................... 669, 674, 1117, 1253, 1342, 1381, 1553 Judges, Supreme and Appeals Court; invited to joint session to hear message from Governor, HR 7 ....................... 28, 46 Judicial Council of Georgia; recreate within jurisdiction of Supreme Court, HB 580 ......................... 1322, 1327, 1740, 1741, 2056, 2166, 2617 Junior Leagues of Georgia and Public Affairs Representatives; commend, SR 92 .................................... 722 Juries; equal strikes for State and defendant, certain cases, SB 22 ................................................ 43 Juries; peremptory challenges and exemption from duty, SB 67 .................................. 62, 282, 301, 477, 542, 570, 586 Jury, Grand; establish special investigative with state-wide jurisdiction, SB 197...................................... 630 Justice of Peace Courts; change to magistrate courts, HB 121 ..................... 955, 958, 1416, 1497, 1573, 1583, 1776, 2230, 2242, 2415, 2434, 2723, 2725, 2747, 2937 Juvenile Court Judges Council; receive legal, social case information on child, SB 246 .................... ............830, 1057, 1120, 1261, 1341, 1345 Juvenile Court; jurisdiction, definitions, SB 138 ......................................... 295, 797, 838, 911, 939 Juvenile Proceedings; change provisions on protective orders, SB 232 ...................... 751, 1057, 1120, 1261, 1296 INDEX 3025 Juvenile Proceedings; court other than court of residence may make disposition, HB 58 .................................... 273, 280, 797, 840, 1133, 1226 Juvenile Proceedings; disposition orders for restrictive custody, HB 137 ................................. 556, 561, 1635, 1640, 2231, 2439 Juvenile Proceedings; provisions for payment of restitution for damages from delinquent behavior, SB 180 ......................... 559, 635, 677, 723, 737, 2855, 2872, 2939 Kennedy, Senator Joseph E.; elected President Pro Tempore of Senate. ...................................:............. 23 Kennedy, Senator Joseph E.; excused due to illness of son, ................. 1510 Kennesaw, City of; change corporate limits, HB 688 .................................... 1536, 1543, 1739, 1742, 2042 Kidd, Honorable Culver; commend, SR 164 .............................. 1572 King, Tanaya; recognize, SR 118 ....................................... 1177 Kingston Women's History Club; commend, SR 169....................... 1572 Kiwanis Club of Cartersville; commend, SR 148 .......................... 1571 Kiwanis Club of Cedartown; commend, SR 149 ........................... 1571 Labor; deceased employee, provisions for payment of wages to survivors, HB 46 ......................... 1403, 1408, 1558, 1636 Labor; deceased State employee, provisions for payment of wages to survivors, SB 146 ........................ 466, 597, 637, 681, 693, 2022, 2096, 2939 Labor Department; administer safety inspection provisions for amusement rides, SB 205 ............................... 631 Labor Department; employment security, change certain provisions, HB 170 ............................ 557, 561, 798, 841, 1070, 1095, 1553 Labor Department; supplemental appropriation relating to employment security, HB 119 ............................... 1111, 1114, 1414, 1497, 1573, 1582 Labor Practices; change provisions, Fair Employment Practices Act, HB 348 ......................... 1393, 1394, 1634, 1642, 2231, 2371, 2724, 2736, 2739, 2740, 2836, 2937 LaFayette, City of; limitations on authority to lease real property, HB 781 ................... 1542, 1550, 1634, 1650, 1761 Lahey, Jr., Thomas J.; commend, SR 101 ................................. 808 Land Sold Under Tax Execution; time entitled to redeem, SB 284 ................................................ 1113 Land Transactions, Specialized; regulate time-share estates, HB 246 ................................. 901, 904, 1057, 1123, 1507, 1520 Landlord and Tenant; dispossessory proceedings, payment of rent to court, HB 51 ....................... 291, 296, 537, 566, 603, 623 Landlord and Tenant; multifamily dwellings, relating to cable television systems, SB 229 .......................... 751, 963, 1061 3026 INDEX Laurens County Probate Court Judge; compensation, HB 653 .................................... 1590, 1601, 2028, 2036, 2209 Laurens County Tax Commissioner; compensation, HB 652 .................................. 1589, 1601, 2028, 2036, 2209 Law Enforcement; Antiterrorism Task Force created within GBI, HB 83 ....................... 556, 561, 1416, 1497, 1573, 1581 Law Enforcement Officers; canine handlers, powers and duties, HB 407 .................... 1403, 1410, 2030, 2033, 2670, 2720 Law Enforcement Officers, Firemen, Prison Guards; indemnification, definitions, HB 397 ........ .829, 833, 1118, 1253, 1507, 1525 Law Enforcement Officers, Indemnification; redefine prison guard, HB 173 ....................... 557, 562, 720, 760, 809, 824 Law Enforcement Officers; indemnification, redefine terms, SB 191 ................................... 594, 720, 759, 809, 813 Law Enforcement Officers; police dog handlers, requirements, SB 14 .............................. 41, 57, 281, 301, 477, 542, 570, 579 Law Enforcement; Public Safety Department and Board, organization, powers and duties, HB 633 ................... 1323, 1327, 1496, 1563, 1775 Law Enforcement; unlawful to destroy or cause physical injury to police dog, SB 13 ................ 41, 56, 281, 300, 477, 542, 570, 578, 792, 821, 1527, 1529, 1589, 1956, 2023, 2939 Laws and Joint Resolutions; maintenance and publication of enrolled Acts, HB 30 ............................... 98, 103, 757, 802, 1342, 1374, 1553 Lawson, Roger H.; designate bridge at Hawkinsville on Highway 341 in honor, HR 67 ................................ 1238, 1246, 2200, 2202, 2671, 2726 Lawson, Roger H., Memorial Bridge; designate, SR 42 .......................................... 279, 598, 638, 682, 700 Lee, Brenda; gratitude to, SR 213 ...................................... 2117 Legal Counsel for Public Officials; include sheriffs, SB 43 ...................................... 54, 63, 78, 88, 92, 109, 268 Legal Services, Prepaid Plans; additional insurance companies authorized to provide, HB 347 ................................. 901, 904, 1249, 1334, 1425, 1468 Legislation, General Assembly; define population bill, HB 374 ......................... 1236, 1242, 1635, 1643, 2230, 2300, 2621, 2676, 2738, 2788, 2835, 2937 Legislation, Local; advertisement of notices of intention to introduce, HB 389 ............................. 670, 674, 837, 910, 1070, 1089, 1239 Legislation Raising Revenue; two-thirds vote of General Assembly required, certain cases, SR 110 ..................... 1052 Legislative Retirement System; change monthly retirement allowance, SB 110 ............................... 275, 564, 600, 641, 650, 954, 2939 Legislative Retirement System; credit for certain military service, HB 107 ................... 1393, 1394, 2200, 2202, 2670, 2687, 2739, 2782 Legislative Retirement System; redefine date of establishment, SB 128 .......................................................... 279 Legislative Services Committee; membership, correct Banking and Finance Committee to reflect name change, SB 30. . 44, 676, 720, 763, 770, 2020, 2940 Lewis, Brad; commend, SR 39 .......................................... 108 Liberty County Industrial Authority; clarify definition of project, SB 294 ............................... 1407, 1494, 1560, 1674, 2195, 2940 Liberty County Probate Court Judge; annual salary, HB 601 ................................... 1110, 1115, 1247, 1336, 1422 Liberty County State Court Judge and Solicitor; compensation, HB 750 ....................... 1538, 1546, 1739, 1743, 2043 INDEX 3027 License Plates, Motor Vehicle; special tags to commemorate bicentennial of University of Georgia, HB 335 .............. 829, 832, 964, 1063, 1133, 1207 License Plates, Stolen; reporting requirements to obtain duplicate, HB 497 ...................... 1486, 1490, 1635, 1644, 2886, 2912 License to Practice Medicine; grounds for refusal to grant, SB 141 ............................. 295, 1058, 1119, 1261, 1306 Liens, Hospitals and Nursing Homes; definitions, provisions, HB 551 ......................... 1048, 1055, 1495, 1563, 1678, 2056, 2083 Liens, Materialmen's; attach real property under certain conditions, SB 245 .......................................... 830 Liens, Mechanics' and Materialmen's; change certain provisions, HB 365 .............. 1322, 1326, 1634, 1642, 1775, 1987, 2185, 2288, 2620 Liens, Mechanics on Property; recording provisions, SB 167 ..................................... 531, 756, 800, 845, 911, 943 Lieutenant Governor Zell Miller; address, ............................... 24, 51 Lieutenant Governor Zell Miller; inauguration, ............................. 47 Lieutenant Governor's Office, Citizens Task Force to Study; create, SR 78 ............................ 595, 836, 908, 1070, 1101 Life Insurance, Group; increase maximum coverage for debtors, HB 363. ....................... 1393, 1394, 1558, 1637, 1775, 1962 Life Insurance Policy Loans; provide for interest rates, SB 163 ......................... 473, 756, 800, 845, 874, 1630, 1720, 2939 Life Sentence; parole limitations, certain cases, SB 5 ............................ 40, 300, 469, 477, 485, 1240, 1266, 2939 Life-Sustaining Procedures, Extraordinary; provisions for discontinuance, SB 186....................... 560, 719, 758, 1341, 1360 Lincoln County Superior Court Grand Jury; terms may be convened, HB 328 ........................... 828, 832, 1132, 1634, 1642, 2671, 2876 Lions Club of Bartow County; commend, SR 151 ......................... 1571 Lions Club of Cedartown; commend, SR 150 ............................ 1571 Lions Club of Dallas; commend, SR 153 ................................. 1571 Little Ocmulgee State Park; hours of operation of boats, SB 174..... ................ 532, 1060, 1119, 1261, 1313, 1342, 1399 Livestock and Grain Dealers; relating to security interest on sales, HB 88 ........................................ 274, 280 Livestock Dealers, Brokers, Packers; regulation, bond requirements, HB 401 ............................ 750, 753, 962, 1063, 1261, 1341, 1354 Living Wills; new Code Chapter, provisions and requirements, SB 186 ........................... 560, 719, 758, 1341, 1360 Loan Secured by Real Estate; claim of violation, class action suit prohibited, SB 283 ......................... 1052, 1247, 1332, 1424, 1426, 2195, 2940 Loans, Industrial; application for licenses, hearings, SB 270 .......................... 957, 1247, 1331, 1425, 1437, 2195, 2939 Loans; interest rates, change maximum allowed, HB 128 .............................. 669, 673, 835, 908, 971, 1039, 1239 Lobbying; regulated by State Ethics Commission, SB 228 .......................................................... 716 Lobbyists, Registered; received from Secretary of State, ............................... 488, 519, 660, 894, 1316, 1734, 2930 Local Government; bonds for gas or electric generating facilities, SB 220 ........................ 714, 835, 907, 970, 1012, 2621, 2694, 2940 Local Government; county treasurers, election provisions, HB 18 ................................. 98, 103, 636, 678, 723, 741, 1239 3028 INDEX Local Government Investment Pool; change definitions, authority to utilize, HB 242 ........................... 829, 832, 1058, 1123, 1261, 1341, 1356 Local Government; limitation of municipal home rule powers, redefine certain actions, criminal offenses, HB 476 ........ 1237, 1244, 1740, 1741, 2056, 2116 Local Government, Municipal Boundaries; deannexed property not subject to annexation for five years, HB 555......... 1236, 1244, 1330, 1418, 1508, 1529 Local Government; municipal courts authorized to try marijuana possession cases, less than one ounce, HB 116 ......... 274, 281, 1059, 1122, 1425, 1480 Local Government; provisions on municipalities and downtown development authorities, HB 247 ................. 669, 673, 2029, 2032, 2231, 2452, 2931 Local Governments; repairs to roadways and streets, accommodation for bicycles required, SB 222 ........................ 715, 836, 908, 1070, 1092 Locust Grove, City of; change provisions on officers dealing with city, HB 834 .................................... 2016, 2026, 2198, 2207, 2631 Logan, Henry L.; regrets at passing, SR 59 ............................... 304 Loganville, City of; change qualifications of the recorder, HB 857 ................................. 2238, 2241, 2622, 2623 Lord, Sr., Mrs. Robert M.; commend on 95th birthday, SR 97 ................................................... 732 Lower Chattahoochee River, Committee to Study; create, SR 114 .............................. 1053, 1249, 1333, 1507, 1508 Lucas, Julia; commend, SR 105 ......................................... 808 Luckie, Thomas A.; commend, SR 223 ................................. 2230 Lula, City of; new charter, HB 479 .................. 899, 905, 1058, 1124, 1256 Lumber Products, Domestic; preferential treatment in awarding public works contracts, SB 277. ........... 1051, 1248, 1332, 1425, 1435, 2621, 2709, 2940 Lynn, Durell; recognize, SR 93 .......................................... 722 M Macon-Bibb County Water and Sewerage Authority Employees' Pension Board; definitions, voting provisions, HB 301 ................ 529, 535, 596, 639, 680 Macon-Bibb County Water and Sewerage Authority; powers and duties relating to pretreatment program, HB 302 ..................... 557, 562, 836, 909, 967 Macon-Bibb County Water and Sewerage Authority; temporary easement for sewer line, SR 6........................... 44, 77, 86, 109, 267, 670, 2940 Macon City Council; president pro tempore selection, SB 302 ....................... 1493, 1633, 1640, 1747, 2934, 2940 Macon, City of-Bibb County; create intergovernmental relations study commission, HB 807 ......................... 1700, 1728, 2199, 2206, 2633 Macon, City of; change corporate limits, SB 298 ......................................... 1408, 1739, 1741, 2049 Macon, City of; conveyance of state owned property to Bibb County Commission, HR 222 ................... 1487, 1492, 2030, 2031, 2231, 2438 Macon County Board of Commissioners; compensation, SB 168 ................................... 531, 596, 638, 679, 1324, 2939 Maddox, Honorable Lester G.; expressing good wishes, SR 216 ......................................................... 2229 Magistrate Court; establish in each county, powers and duties, HB 121 ................ 955, 958, 1416, 1497, 1573, 1583, 1776, 2230, 2242, 2415, 2434, 2723, 2725, 2747, 2937 INDEX 3029 Magistrate Court; provide in each county, SB 144. ......................... 466 Magnolia Springs State Park; hours of operation of boats, SB 174 .......................... 532, 1060, 1119, 1261, 1313, 1342, 1399 Maloof, George Bernard; commend, SR 84................................ 681 Malt Beverages; licensing and distribution requirements and regulations, SB 1 .................................. 39, 105, 282, 304, 459, 629, 2939 Manufactured Housing; fees required, HB 287 ......................... 1407, 1409, 1494, 1561, 1677, 1724, 2020 Marietta and Cobb County; relating to continuing controversy between, HR 161 ................... 901, 906, 1058, 1125, 1258 Marietta, City of, and Cobb County; relative to continuing controversy regarding annexation, SR 108 ....................... 957, 1058, 1122, 1260 Marietta, City of; grant mayor veto power, HB 689 .................................... 1442, 1465, 2198, 2205, 2627 Marietta Development Authority, Downtown; enlarge Downtown Marietta district, HB 607 ............................. 1111, 1116, 1415, 1500, 1568 Marijuana, Controlled Substances; forfeiture provisions, SB 10 ................................................... 41 Marijuana, Criminal Possession One Ounce; municipal courts authorized to try cases, HB 116 ........................... 274, 281, 1059, 1122, 1425, 1480 Marriage; delete Code section providing husband as head of household, HB 236 .............. 1393, 1394, 2200, 2201, 2670, 2682, 2725, 2886, 2887 Marriage License Blood Tests; delete requirement for certain tests, SB 98 ............................... 101, 597, 637, 681, 689 MARTA; construction, completion and operation priority, HB 648 ....................... 1325, 1328, 1559, 1638, 1775, 1934 MARTA; procedures on bids, contracts and reports, use of proceeds of taxes and bonds, deferred compensation plans, HB 340 ......................... 1403, 1410, 2029, 2033, 2231, 2444, 2932 MARTA; sales tax at one percent until June 30, 2012, and one-half percent thereafter, HB 339 .......................... 1552, 1632, 2028, 2033, 2208 Materialmen's Liens; attach real property under certain conditions, SB 245 .......................................... 830 Mayors' Day, Georgia; proclaim January 17, 1983, SR 16 ............................................................ 87 McCabe, Tim; commend, SR 252....................................... 2339 McCutchen, Sr., Pleasant Theodore; designate bridge over Chattahoochee River, State Route 1 in honor, HR 246 ......................... 1487, 1492, 1559, 1639, 1776, 2231, 2440 McDowell, Gary; commend, SR 127 .................................... 1146 McGill, Jr., Sam; recognize, SR 48 ................................. 284, 1260 Mclntosh County Board of Commissioners; certain conduct malpractice in office, HB 747 .................................................... 1538, 1545 McMinn, Kathy; recognize, SR 116 ..................................... 1177 McRaney, James T.; commend, SR 85 ................................... 681 McRaney, James T.; Georgia Teacher of the Year, introduced, ....................................................... 602 McWhorter, Honorable Hamilton, Jr.; elected Secretary of the Senate, ...................................................... 24 Measles; commend Human Resources and Education Departments for work in eliminating, SR 10............................ 65 Mechanics' and Materialmen's Liens; change effective date in Code, HB 365 .............. 1322, 1326, 1634, 1642, 1775, 1987, 2185, 2288, 2620 3030 INDEX Mechanics' Liens; special liens on other property, SB 167 ..................................... 531, 756, 800, 845, 911, 943 Medicaid Coverage, Committee to Study; create, SR 126 .................................... 1241, 1414, 1497, 1573, 1579 Medical Assistance; receipt of federal funds, Human Resources carry out certain screening and review functions, HB 528......................... 1405, 1411 Medical Bills, Evidence; expand certain provisions, SB 11 ............................... 41, 77, 86, 109, 265, 558, 575, 2939 Medical Education Board; continue existing board, HB 159......... 540, 541, 597, 638, 682, 709, 722, 723, 874, 890, 1208, 1231, 1470, 1552 Medical Examiners, Board of; develop regulations on abuse of amphetamines, SR 121 ......................... 1113, 1248, 1333, 1425, 1430, 2022, 2940 Medical Examining Board; immunity when investigating licensee, HB 399 ........................... 829, 833, 1495, 1562, 1677, 1714, 2192 Medical Practice; conduct relating to drugs or detrimental treatment, license denied or revoked, SB 141 ............... 295, 1058, 1119, 1261, 1306 Medical Practice; interns required to complete training before taking examination for license, HB 400 ...... 954, 959, 1495, 1562, 1775, 2055, 2073, 2186, 2332 Medical, Surgical Treatment; written consent from patient, HB 49 ........................................... 669, 673 Medicine; institutional license to practice, prohibit or renew certain ones, SB 102 ........................ 101, 597, 637, 681, 692, 2935, 2940 Meetings Open to Public; change requirements, SB 202 ........................................ 630, 837, 907, 970, 1014 Mental Disorders; change required health insurance coverage, SB 259 .................................................. 903 Mental Health and Mental Retardation, Committee to Study; create, SR 119 ................ 1113, 1495, 1560, 1678, 1732 Mental Patient, Involuntary Detention by Court; maximum of 12 months, SB 27....................................... 43 Mental Patients; transfer to V.A. or federal hospital, SB 28 ..................................................... 44 Merit System, State; Forestry Commission Director not included as classified service employee, HB 320. .............. 1237, 1242, 1559, 1637, 2056, 2084 Methaqualone; provisions and penalties relating to possession, SB 194 ........ 595, 720, 759, 809, 814, 1059, 1133, 1215, 1736, 2939 Metropolitan Atlanta Rapid Transit Authority: SEE MARTA. Metropolitan River Protection Act; change certain provisions and requirements, SB 204 ......................... 631, 799, 839, 911, 934, 1630, 1682, 2939 Midyear Adjustment Reserve; $5 million available to appropriate from revenue shortfall reserve for FY 1983, HB 474...... .937, 939, 1116, 1254, 1341, 1343 Military Recruiters; access to campus in public secondary schools, HB 56 ..................... 529, 533, 755, 803, 845, 1070, 1099 Milk, Assessment on; urge Congress and Secretary of Agriculture to remove, SR 140 ..................... 1493, 1632, 1640, 2670, 2671, 2936 Milk, Grade A Pasteurized; regulations for standards by Agriculture Department, SB 136 .............................. 294, 563, 600, 641, 654, 1554, 2939 Milledgeville, City of; election and terms of mayor and aldermen, SB 238 ........... .793, 906, 965, 1066, 1406, 1431, 1552, 1577, 1720 Milledgeville, City of; mayor and aldermen, compensation, SB 299 ............................... 1408, 1558, 1636, 1746, 2934, 2940 Milledgeville Youth Development Center, Committee to Study; create, SR 197 .......................................... 2055 INDEX 3031 Miller County Board of Commissioners; create, HB 766 .................................... 1540, 1547, 1633, 1649, 1758 Miller, Lieutenant Governor Zell; address ............................... 24, 51 Minor; change age definition relating to sexual exploitation of children, SB 46 ....................................... 55 Minor, Temporary Guardian; provisions for appointment, HB 79 ................................ 1403, 1409, 2027, 2032, 2231, 2389 Minority Business Enterprises; preferential treatment, contracts or purchases by State agencies, SB 198 ......................... 630, 797, 839, 912, 949 Minors; prohibit distribution and display of certain material, HB 277............................................ 1476, 1488 Minors; relating to sexual exploitation and materials harmful to minors, HB 429 ...................... 954, 959, 1635, 1643, 1776, 2670, 2678, 2937 Minors, Sexual Offenses; distribution of material depicting children unlawful, SB 47 .................................... 55 Minors; unlawful to publish name of victims of felony crime under 17 years without consent, SB 247 .................................. 831, 1057, 1121 Monitors, Federal Court; relative to appointment, SR 69 .......................................... 560, 720, 760, 809, 823 Monies, Ms. Ginny; commend, SR 167 .................................. 1572 Montgomery County Board of Commissioners; compensation, HB 470 ......................... 790, 795, 1058, 1124, 1256 Moore, Leigh; commend, SR 30 ......................................... 108 Morgan, Valeric; recognize, SR 118 ..................................... 1177 Morris, Kathy; commend, SR 44 ........................................ 284 Mortgages, Conveyance to Secure Debt; furnishing cancellation upon payment, define terms, HB 504 ................... 1049, 1054, 1247, 1335, 1508, 1528 Motor Common Carriers; regulations by Public Service Commission, SB 83 .................. 82, 300, 470, 477, 542, 570, 572, 1554, 1578, 2939 Motor Common Carriers; temporary emergency authority to operate, HB 357 ................................. 954, 958, 1250, 1334, 1425, 1469 Motor Fuel Outlets, Retail; provide certain conveniences for travelers, SB 53 ........................................... 59, 598, 637, 681, 682 Motor Vehicle, Abandoned; change certain provisions and requirements, SB 101 ................................101, 1117, 1250, 1342, 1425, 1445 Motor Vehicle Accident Insurance; coverage for certain accidents caused by unknown operator, HB 43...... 668, 673, 906, 965, 1133, 1227, 2739, 2744 Motor Vehicle Dealer's Day in Court Act; enact, SB 199 ..................... 630, 1059, 1120, 1260, 1267, 2197, 2318, 2939 Motor Vehicle Dismantlers, Salvage Dealers, Used; change certain terms, SB 215 ....................... 713, 837, 907, 1071, 1103, 2196, 2288, 2939 Motor Vehicle Franchise Continuation and Succession Act; enact, SB 199 ..................... 630, 1059, 1120, 1260, 1267, 2197, 2318, 2939 Motor Vehicle Franchise Practices Act, Georgia; provide, SB 199 ..................... 630, 1059, 1120, 1260, 1267, 2197, 2318, 2939 Motor Vehicle Insurance; prohibit certain actions based on involvement in accident, SB 7 ............................................ 40, 564, 599, 641, 642 Motor Vehicle Liability Insurance; increase rates after driving under influence of alcohol conviction, SB 292 ......................................... 1325 Motor Vehicle License Plates; special tags to commemorate bicentennial of University of Georgia, HB 335 ........... .829, 832, 964, 1063, 1133, 1207 Motor Vehicle License Plates, Stolen; reporting requirements to obtain duplicate, HB 497 ..................:............ 1486, 1490, 1635, 1644, 2886, 2912 3032 INDEX Motor Vehicle Registration; nonresident students attending school exempt, HB 318 . . ...........................749 752, 964, 1062, 1132, 1144, 1324 Motor Vehicle Safety Inspections; provisions for common and contract carriers, HB 477 ............................... 1049, 1054, 1250, 1335, 1425, 1458 Motor Vehicle, Stolen; provisions on storage fees when recovered, SB 23 ...................................... 43, 798, 838, 912, 970, 1008 Motor Vehicle, Used or Salvage; unlawful for insurance company to sell to unlicensed dealer, SB 241 ...... 793, 1249, 1331, 1425, 1436, 2196, 2309, 2939 Motor Vehicle Used Parts and Salvage Dealers; certain records public, SB 24 ......................................... 43 Motor Vehicle Warranty Practices Act; enact, SB 199 ..................... 630, 1059, 1120, 1260, 1267, 2197, 2318, 2939 Motor Vehicles and Traffic; crime of fleeing police officer, change punishment, HB 231 ................................ 628, 633, 1496, 1561, 2056, 2164 Motor Vehicles; driver's license, tag registration, fee required for return after suspension, SB 268 ................ 956, 1118, 1252, 1342, 1372, 2196, 2939 Motor Vehicles; driving with revoked license, penalties, SB 223 ..................................... 715, 1118, 1251, 1342, 1397 Motor Vehicles, Emergency; permits for flashing lights valid for five years if owned by State or local government, HB 81 . .900, 903, 964, 1062, 1133, 1214 Motor Vehicles; firms selling flashing lights provide information to law enforcement agencies, SB 75 ......................................... 73 Motor Vehicles; identification card issued free to veterans entitled to free driver's license, HB 355 .................... 750, 753, 962, 1063, 1507, 1524 Motor Vehicles; issuance of duplicate driver's license by Public Safety Department, SB 8 .................... 40, 64, 77, 88, 89, 97, 109, 268, 1554, 1713, 2939 Motor Vehicles, material on windshield obstructing vision unlawful, SB 2 ................................. 39, 85, 106, 285, 2021, 2080, 2939 Motor Vehicles on Highways; size and weight regulations, restrictions on bridges, SB 260 ..................... 903, 1060, 1121, 1261, 1299, 1631, 1953, 2939 Motor Vehicles; operating while under influence of alcohol or drugs, penalties, HB 130 . . . 593, 596, 837, 908, 970, 1016, 1112, 1153, 1203, 1204, 1605, 1631 Motor Vehicles; operating while under influence of alcohol or drugs, penalties, change of charges, SB 103 ..................... 101, 1117, 1250, 1425, 1444 Motor Vehicles, Passenger; safety restraints for children under 4 years, SB 59 ....................... 60, 105, 282, 304, 476, 477, 2076, 2160, 2939 Motor Vehicles; prohibitions relating to hitchhikers, joggers on highways, SB 9 ................................... 40, 64, 77, 88, 91, 720, 763, 768 Motor Vehicles; provisions relating to public transit system buses transporting school children, HB 254 ................... .713, 717, 964, 1062, 1133, 1212 Motor Vehicles, Traffic Offenses; procedure for modifying sentence or judgment, SB 61 ........................................... 61, 473, 538, 570, 589 Motor Vehicles; used car dealers, regulation, HB 568 ............................... 1407, 1412, 2028, 2035, 2231, 2457 Motor Vehicles, Used Parts Dealers; change termination date of Board, SB 145 ..................................... 466, 756, 800, 845, 911, 942 Motorcycles; liability insurance coverage, HB 93 ................................ 1407, 1409, 2199, 2201, 2670, 2722 Mountain Fair Authority of Towns County; qualifications, HB 643........................ 1536, 1543, 1633, 1645, 1748 Moye, John H.; recognize on retirement, SR 145....................... 1571 Municipal Boundaries; deannexed property not subject to annexation for five years, HB 555 ............................... 1236, 1244, 1330, 1418, 1508, 1529 INDEX 3033 Municipal Home Rule, Limitation of Powers; redefine certain actions, criminal offenses, HB 476 ....................... 1237, 1244, 1740, 1741, 2056, 2116 Municipalities: also SEE Cities. Municipalities, Newly Established; share proceeds from local sales tax levy, HB 419 ............................... 1236, 1243, 1557, 1637, 2055, 2076 Municipalities, Urban Residential Finance Authorities; board members, compensation, HB 285 ................... 1536 Murder, Crime of; life imprisonment without parole as alternative to death penalty, SB 20 ................................ 42 Murphy, Kirn; commend, SR 81 ......................................... 641 Murray County; new board of education, HB 76 ............................................ 81, 85, 299, 470, 475 Museum, State; housed in Georgia Railroad Freight Depot, recommendation of General Assembly, HR 255 ..........................1406, 1412, 1494, 1565, 2055, 2077, 2194 Music Industry Study Committee; create, SR 64 .......................................... 533, 719, 760, 809, 822 N Nancy Hart Day; proclaiming Friday, January 21, SR 56 ........................................................... 303 National Guard and Reserve; support from employers in Georgia commended, HR 358 ...................... 2186, 2230 National Guard; General Assembly provide for pension system, SR 50 ............................................. 295 National Guard, 101st Separate Coast Artillery Battalion; commend, SR 23 .......................................... 87 National Professional Qualifications System for Fire Service Personnel; urging funds to establish, SR 52 ................. 295, 720, 759, 809, 818 Natural Resources Department Conservation Rangers; entitled to retain weapon and badge, certain conditions, HB 465 ........................ 1237, 1243 Natural Resources; reciprocity agreements with certain states on hunting, change certain fees, HB 329 .............. .792, 795, 1060, 1123, 1342, 1396 Naturopathy, Practice of; repeal Code provisions, SB 212 .......................... 672, 1248, 1331, 1425, 1438, 2687, 2939 Neely, Jay; commend, SR 127 ......................................... 1146 Negotiable Notes; assignment provisions in Commercial Code, HB 44 ........................... .669, 673, 1247, 1333, 1507, 1510 Neibel, Kathy; recognize, SR 116 ....................................... 1177 New Georgia Ruritan Club; commend, SR 190 ......................... 1718 New Hope Ruritan Club; commend, SR 170 ............................. 1572 Newman, Libba; recognize, SR 124 ................................ 1178 Newton County and School Ad Valorem Tax; specify homestead exemption available, HB 767 .................. 1540, 1548, 1739, 1744, 2046 Newton County Board of Commissioners; composition of districts, HB 853 ............................... 2237, 2241, 2622, 2623 Newton County Board of Education; composition of districts, HB 852............................... 2237, 2241, 2622, 2623 Newton County Probate Court; prosecution by citation served by agent, HB 710 ...:................. 1442, 1466, 1739, 1742, 2042 3034 INDEX Newton County Small Claims Court; additional fees, HB 613 .................................... 1234, 1245, 1415, 1500, 1568 No-Fault Insurance, Joint Committee to Study; create, SR 5 ...................................... 44, 597, 638, 682, 697 No-Fault Liability Insurance, Committee to Study; create, SR 203 ................................................... 2198 North Georgia College Military Scholarships; change military requirements upon graduation, provisions on nominees, HB 308 ........................... 669, 674, 1248, 1334, 1425, 1459, 2192 Northwest Georgia Travel Association; commend, SR 141 .................. 1526 Notify Governor that General Assembly has convened, HR 2 .............. 26, 27 Notify House that Senate has convened, SR 2 .............................. 27 Notify Senate that House of Representatives has convened, HR 1 ................................................ 25 Nuclear Pharmacies; regulation and licensing, SB 184 ......................... 559, 797, 838, 912, 944, 2826, 2858, 2939 Nugteren, Major General Cornelius; recognize, SR 193 .................... 2054 Nurse of the Day; Pamela Acree serve, .................................... 25 Nurses, Licensed Practical; reinstatement provisions for license, limitation on training hospitals, HB 437 . . . 1048, 1054, 1634, 1644, 1776, 2068 Nursing Homes; liens, requirements, definitions, HB 551 ......................... 1048, 1055, 1495, 1563, 1678, 2056, 2083 Nursing Homes; provide requirements for disaster preparedness plan, auxiliary power generator, SB 286 ........ 1113, 1331, 1418 Nursing Students; eligible for educational loans, SB 104 .......................................................... 102 o Oakwood Recorder's Court; maximum fine may be imposed, HB 527 ...................................... 900, 905, 1058, 1125, 1258 Oath of Office; General Assembly members, HB 33 ............ 99, 103, 757, 803, 1342, 1375, 1551, 2180, 2187, 2335, 2741, 2934 Oath of Office; Governor and Lt. Governor, HB 24 ............................ 80, 84, 757, 802, 971, 1070, 1074, 1239 Obscene Material; distribution to minors unlawful, HB 277 .................................................... 1476, 1488 Ocmulgee Judicial Circuit; change terms of court in Greene County, HB 194 ..................... 293, 298, 757, 804, 1133, 1229 Ocmulgee Judicial Circuit; drawing of grand juries in each county, HB 195 ................................... 293, 298, 757, 805, 1133, 1232 Oconee County Board of Commissioners; compensation, HB 709 .................................... 1442, 1466, 1558, 1639, 1751 Oconee, Town of; fines which may be imposed by mayor or recorder's court, HB 676 .................................... 1403, 1413, 1739, 1742, 2042 Offender Rehabilitation Board; provisions on creation, HB 34 ........................... 99, 103, 798, 840, 971, 1070, 1084, 1239 Offender Rehabilitation Department; canine handlers, powers of police officer, certain circumstances, HB 407 ........... 1403, 1410, 2030, 2033, 2670, 2720 INDEX 3035 Offender Rehabilitation Department; county supplement salary, certain probation employees, SB 81 .... 82, 964, 1060, 1132, 1134, 2021, 2418, 2724, 2741, 2826, 2889, 2938, 2939 Offender Rehabilitation Department; internal investigation reports classified as confidential, HB 548.................. 1405, 1411, 2030, 2035, 2232, 2459 Offender Rehabilitation Department; notify witnesses or victims when inmate released upon serving sentence, SB 226 .......... 715, 1118, 1251, 1425, 1456 Offender Rehabilitation Department; provisions for psychological evaluation of convicted persons, SB 237 .......... 752, 1118, 1251, 1425, 1455, 2619, 2939 Offender Rehabilitation Department; regulations relating to earned-time allowances for inmates, SB 135 ..................... 294, 564, 600, 641, 653 Offender Rehabilitation Employees; transfer from county probation system prohibits involuntary separation retirement provisions, SB 82 ........................................................ 82, 304 Official Code of Georgia; correct errors, provide for revisions as a result of new Constitution, HB 3 ................................ 58, 63, 78, 88, 92, 274 Official, Elected; office declared vacant upon qualifying for other office, certain conditions, HR 30 ........... 1049, 1055, 2029, 2031, 2231, 2416, 2724, 2737 Officials, Certain State; change salaries, HB 189 .............. 1237, 1242, 1414, 1498, 1573, 1586, 1629, 1681, 1682, 1711, 2020, 2069 Officials, Elected; provisions for automatic resignation when qualifying to run for different office, SR 61.......................... 468, 756, 801, 845, 878 Officials, Elected; referendum required to abolish or change term during term to which elected, HB 21 ....................... 72, 75, 798, 840, 1133, 1225 Oglethorpe, Friends of; endorsing efforts, HR 256 .................... 1406, 1424 Oil Well, First Commercial; reward, HB 31 ..................................... 99, 103, 757, 802, 1342, 1377 Onions, Vidalia; standards and classification for sale, SB 209 .............. 671, 755, 801, 845, 867, 1555, 1624, 1990, 2014, 2185 Orr, Alison; recognize, SR 124 ......................................... 1178 Outdoor Posters; change certain requirements, SB 195 .............................. 595, 756, 801, 845, 880, 2619, 2939 Palmetto, City of; annex certain property where reservoir is located, HB 410............................. 1046, 1056, 1415, 1499, 1566 Palmetto, City of; annexation of certain property, HB 784 .................................... 2079, 2088, 2198, 2206, 2630 Palmetto High School Football Team; commend, SR 18............ 109 Pardons and Paroles Board; chairman, removal of members, reports, death sentence suspension, HB 22 ................. 72, 75, 636, 678, 723, 745 Pardons and Paroles Board; impose parole supervision fees, SB 254 ................................................902, 1118, 1251 Pardons and Paroles Board; information on psychological evaluations of convicted persons, SB 237 .......... 752, 1118, 1251, 1425, 1455, 2619, 2939 Pardons and Paroles Board; limits on parole authority, certain cases, SB 5 ............................ 40, 300, 469, 477, 485, 1240, 1266, 2939 Pardons and Paroles Board; power to grant pardon limited certain cases of life imprisonment, HB 216 ................. 530, 534 3036 INDEX Parole; impose supervision fee, SB 254. ......................... 902, 1118, 1251 Pate, Bobby Carl; commend, SR 72 ...................................... 541 Patient's Health Records; provisions for disclosure, SB 225 .............. 715, 797, 839, 912, 970, 1004, 2197, 2234, 2620, 2939 Paulding County-Dallas Chamber of Commerce; commend, SR 187 ......................................................... 1717 Paulding County Rotary Club; commend, SR 174 ......................... 1572 Paulding County Ruritan Club; commend, SR 247 ........................ 2303 Paulk, Gena; commend, SR 20 ........................................... 87 Peace Officer and Prosecutor Training Fund; receive proceeds from fines on criminal and traffic cases, SB 70 ............ 62, 474, 570, 602, 604, 1112, 1204, 2939 Peace Officers' Annuity and Benefit Fund; change certain procedures and benefits, HB 272 ........................ 1486, 1491 Peace Officers' Annuity and Benefit Fund, Committee to Study; create, SR 132 .............................. 1325, 1635, 1640, 2056, 2170 Peace Officers' Annuity and Benefit Fund; disability benefits, HB 94 ....................................... 791, 794 Peddling; no license for veterans, HB 330 ......... 713, 717, 962, 1062, 1507, 1523 Peevy, Senator Donn; excused from voting .................. 708, 872, 972, 2865 Penal Institutions; compensation to inmates employed prohibited, provide for use of funds, SB 41 ..................... 54, 564, 599, 641, 643, 1736, 2939 Penal Institutions; confinement provisions, convicted persons with appeal pending, SB 66 ......................... 62, 564, 599, 641, 648 Penal Institutions; earned-time allowances and early release provisions for inmates, HB 505 ... 1393, 1395, 1417, 1499, 1775, 2001, 2067, 2175, 2617 Penal Institutions; earned-time allowance for inmates, change certain provisions, SB 135 ......................................... 294, 564, 600, 641, 653 Penal Institutions; inmates, conditions for use of restraints, leave privileges, HB 458 ......................... 1485, 1490, 2030, 2034, 2230, 2339, 2932 Penal Institutions; inmates serving time for armed robbery not entitled to earned-time, HB 206 ................... 557, 562, 1740, 1741 Pension System for National Guard; General Assembly provide, SR 50 ........................................... 295 People Executive Treaty to Stop Drugs at the Source, Response to; relative to, signed by President Reagan, SR 195 ................................ 2054 People Executive Treaty to Stop Drugs at the Source, Response to; relative to, signed by Speaker O'Neill, SR 198........................ 2055 People Executive Treaty to Stop Drugs at the Source, Response to; relative to, signed by Vice President Bush, SR 196 .................... 2055 Perry, City of; reincorporate and provide new charter, HB 280................................. 749, 753, 906, 965, 1067 Personal Care Homes; regulations in Health Code, SB 190 ......................... 594, 797, 838, 912, 947, 2333, 2447, 2939 Personnel Board, State; funding provisions for public school employees health insurance plan, SB 175 ............................ 532, 636, 677, 723, 734 Personnel Board, State; limitations on actions against employees, SB 12 ............................................ 41 Pharmacies; procedures relating to third-party prescription programs, HB 310 ......................... 1146, 1147, 1558, 1637, 2055, 2058, 2618 Pharmacist's License; change qualifications, provisions for nuclear pharmacies, SB 184............... 559, 797, 838, 912, 944, 2826, 2858, 2939 Phi Mu Fraternity; recognize on 131st anniversary, SR 227 ......................................................... 2669 INDEX 3037 Phillips, Senator Tom; recorded as voting against HB 636, local bill,.. .................................................. 1506 Physicians; liability provisions relating to state mandated programs, SB 150 ....................... 467, 597, 637, 682, 694 Pickens County Small Claims Court; create, HB 84...................................... 81, 85, 105, 283, 303 Pinehurst, City of; election of mayor and council, SB 266 ............................... .956, 1116, 1252, 1337, 1737, 2939 Pineview, City of; change provisions on ad valorem taxation, HB 190 ................................. 292, 297, 474, 539, 567 Planning and Budget Office; administer Office of Energy Resources, SB 236 .......................................... 752 Pleger, Cindy; recognize, SR 117 ....................................... 1177 Plumbers, Electrical and Conditioned Air Contractors; licensing provisions, HB 460 ........................................... 901, 904, 1495, 1562, 2056, 2120, 2186, 2290, 2348, 2388, 2448, 2933 Podiatrists; change provisions on refusal, revocation of licenses, SB 188 ......................... 594, 797, 838, 912, 945, 2870, 2878, 2939 Police Dog; define terms, certification for handlers, SB 14 ............................... 41, 57, 281, 301, 477, 542, 570, 579 Police Dog; unlawful to destroy or cause physical injury, SB 13 ...............................41, 56, 281, 300, 477, 542, 570, 578, 792, 821, 1527, 1529, 1589, 1956, 2023, 2939 Political Activities; State officials and employees authorized to participate, SB 36 ................. 53, 299, 469, 477, 542, 552 Political Subdivisions; levy sales tax, use proceeds for public facilities, SR 4 .................................... 44 Polk County Business and Professional Women's Club; commend, SR 185........................................... 1717 Polk, Honorable Steve; commend, SR 100................................. 890 Pooler, City of; increase membership on Aldermanic Board, HB 344................................... 626, 634, 836, 909, 968 Post-Mortem Examination Act; time limit for release of certain dead bodies, HB 118 ................................. 953, 958, 2029, 2032, 2671, 2828 Powder Springs Downtown Development Authority; existence of vacancies, SB 289 ............................... 1241, 1415, 1496, 1565, 2934, 2940 Powell, Leigh; commend, SR 25 ........................................ 107 Prescriptions, Third-Party Programs; regulate, HB 310 ......................... 1146, 1147, 1558, 1637, 2055, 2058, 2618 Pretrial Matters, Criminal Cases; time limit for filing, SB 44 .................................................... 54 Prison Guard; redefine to include parole officer under indemnification provisions, HB 173 ..................................... 557, 562, 720, 760, 809, 824 Prisoners; confinement provisions for convicted persons with appeal pending, SB 66 .................. 62, 564, 599, 641, 648 Private Colleges and Universities Authority Act; amend relating to loan assistance and issuance of revenue bonds, HB 432 ................................. 828, 833, 1248, 1335, 1507, 1526 Private Detective, Security Agencies; suspension of licenses or permits without hearing by board, SB 169. .............. 531, 757, 800, 845, 892, 2021, 2939 Probate Court Costs; change for certain services, SB 31 ........................ 52, 281, 301, 477, 542, 570, 581, 2076, 2940 Probate Court Judges; minimum salaries, SB 32 ............... 52, 281, 301, 477, 542, 570, 582, 2022, 2067, 2130, 2133, 2188, 2315, 2618, 2939 3038 INDEX Probate in Solemn Form; mail service of notice of petition, HB 45 ............................ 529, 533, 1558, 1636, 1776, 2056, 2165 Probate Judges; provisions for filling of vacancies, appointments in case of disqualification, SB 249 ...... 831, 963, 1061, 1133, 1223, 2196, 2313, 2939 Probation; change provisions relating to community service, SB 148 ................................ 466, 564, 601, 641, 657, 682, 701 Probation Employees, Fulton County; transfer to state-wide system prohibits involuntary separation retirement provisions, SB 123 ......... 278, 1494, 1560, 1651, 2239, 2344, 2939 Probation Employees, Fulton County; transfer to state-wide system, retirement and insurance provisions, SB 250 ........................................ 901 Probation Officers; psychological evaluations of convicted persons, SB 237 .......................... 752, 1118, 1251, 1425, 1455, 2619, 2939 Probation Supervisor; defined as prison guard under indemnification provisions, HB 173 ..................................... 557, 562, 720, 760, 809, 824 Probation System Employees, Counties; transfer to state-wide system, involuntary separation retirement provisions prohibited, SB 82 ................... 82, 304 Probation System Employees; retirement provisions, salary supplements if transferred from county to state-wide system, SB 81 ................. 82, 964, 1060, 1132, 1134, 2021, 2418, 2724, 2741, 2826, 2889, 2938, 2939 Probationers; live-in attendant for disabled constitutes community service, SB 206 ..................... 671, 720, 759, 809, 845, 846, 2197, 2308, 2939 Professions and Businesses; licensing, regulation powers of State examining boards, SB 149................................... 467 Property; deed to secure debt may convey title, public utility owned property, HB 324 ........................... 670, 674, 1635, 1642, 1775, 1991, 2193 Property; dispossessory proceedings, provisions for payment of rent to court, HB 51 ...................................... 291, 296, 537, 566, 603, 623 Property, Fair Market Value; exclude certain costs relating to ad valorem tax, SB 131 ............................... 293, 718 Property Foreclosure, Personal; writ of possession to owner of rented property, HB 605 ............................... 1441, 1464, 1634, 1645, 2231, 2390 Property, Government; definition and penalty relating to crime of use for indecent purpose, HB 92 ......................... 292, 297, 636, 679, 723, 763, 766 Property in Tax Sale; amount required for redemption if purchased by political subdivision, HB 282. .................... 1486, 1491, 2027, 2033, 2231, 2410 Property Insurance; change provisions, SB 130 ......................... 293, 537, 565, 603, 619, 2284, 2310, 2940 Property, Levy and Sale; debtor's exemption, certain cases, HB 324 ........................... 670, 674, 1635, 1642, 1775, 1991, 2193 Property, Materialmen's Liens; define circumstances for attachment, SB 245............................................. 830 Property, Mechanics' and Materialmen's liens; change certain provisions, HB 365 .............. 1322, 1326, 1634, 1642, 1775, 1987, 2185, 2288, 2620 Property, Mechanics Liens; recording provisions, SB 167 ..................................... 531, 756, 800, 845, 911, 943 Property, Mortgages; furnishing of cancellation upon payment, define terms, HB 504 ............................... 1049, 1054, 1247, 1335, 1508, 1528 Property; specialized land transactions, regulate time-share estates, HB 246 ........................ . .901, 904, 1057, 1123, 1507, 1520 Property, Stolen; provisions for return to rightful owners, SB 172 ................................532, 1059, 1119, 1261, 1341, 1351 Property; tenancy in common, sale and partition actions, HB 209 ........................... 628, 633, 1496, 1561, 1677, 1702, 2019 INDEX 3039 Property Transfer; Atlanta, lease of state owned property authorized, HR 76....................... .954, 959, 1250, 1336, 1508, 1534 Property Transfer; Baldwin County, HR 154 ......................... 1238, 1247, 1417, 1501, 1574, 1677, 1730 Property Transfer; Bartow County, conveyance to City of Adairsville, HR 15 ..................... 1238, 1246, 1417, 1501, 1574, 1776, 2231, 2410 Property Transfer; Butts County, conveyance of an estate for years of state owned property to the City of Jackson, HR 107 ................................. 751, 754, 1250, 1336, 1425, 1463 Property Transfer; certain state owned property in Bartow County to Mr. and Mrs. Frank J. Baia, Jr., SR 89.......... 716, 799, 839, 912, 970, 1003, 2197, 2940 Property Transfer; Chatham County Savannah River easement to P.O. Oil & Chemical Storage, HR 72 .......... .750, 754, 1060, 1125, 1260, 1287 Property Transfer; Clayton County to Education Board, SR 83 ........................... 672, 1060, 1122, 1261, 1314, 2619, 2940 Property Transfer; conveyance to Mrs. Margaret Burke White in Glynn County, SR 112 ......................... 1053, 1250, 1333, 1424, 1427, 2023, 2940 Property Transfer; Dawson County, HR 14 .................................. 792, 796, 1250, 1336, 1508, 1531 Property Transfer; easement to City of Atlanta for sewerage and drainage improvements, HR 220 .................. 1323, 1330, 1494, 1564, 2056, 2128 Property Transfer; easement to City of Brunswick for wastewater treatment facility, HR 158 .................. 1238, 1247, 1417, 1501, 1574, 1775, 1986 Property Transfer; in Brooks County to the County, HR 66 .................................. 792, 796, 1250, 1336, 1508, 1533 Property Transfer; Macon-Bibb County Water and Sewerage Authority, temporary easement for sewer line, SR 6 ............... 44, 77, 86, 109, 267, 670, 2940 Property Transfer; sale of land in Spalding County by Human Resources Department, HR 64. .....................792, 796, 1250, 1336, 1425, 1478 Property Transfer; state owned property in Macon to Bibb County Commissioners, HR 222 ............................... 1487, 1492, 2030, 2031, 2231, 2438 Property Transfer; state owned property in Richmond County to Augusta City Council, HR 106 ........ 751, 754, 1417, 1501, 1574, 1776, 2174, 2231, 2456 Property Transfer; to Resource Recovery Development Authority in Savannah, SR 111 ......................... 1052, 1250, 1333, 1425, 1440, 2197, 2940 Property Used for Agricultural Purposes; preferential assessment for ad valorem tax, HB 230 ............. 828, 831, 1415, 1498, 1573, 1593, 1738 Prosecution; barred by former prosecution, circumstances for termination, SB 153 ........................... 467, 537, 566, 603, 621 Protective Orders; change provisions, juvenile proceedings, SB 232 .......................... 751, 1057, 1120, 1261, 1296 Psychologists; allowed staff membership in hospitals, certain cases, HB 507 .............. 1048, 1055, 1495, 1563, 1678, 1776, 2056, 2124, 2617 Public Accountants; board membership, requirements for certification, SB 154 ............. 467, 676, 720, 764, 770, 2021, 2099, 2186, 2285, 2349, 2913, 2938, 2939 Public Employees; Human Resources Department payroll based on twenty-six pay periods per year, SB 231 ................. 751, 836, 908, 971 Public Funds Used to Purchase Meals; competitive bids required, HB 87 ............................................... 273, 280 Public Housing; fraudulently obtaining unlawful, SB 214 ..................................... 672, 1059, 1120, 1261, 1291 Public Library Facilities; included in definition of project relating to contracts for public schools, SB 185 ........................ 560 3040 INDEX Public Officers, Elected Constitutional; provisions for temporary disability, HB 424 .................... 1048, 1053, 1558, 1638, 1775, 2230, 2303, 2618 Public Officers; sales and business transactions with State, change compensation of certain officials, SB 113 ......... 276, 563, 600, 641, 652, 2854, 2882, 2940 Public Officials and Employees; conflicts of interest, certain conduct and business transactions prohibited, HB 606 .................... 1405, 1412, 2029, 2035, 2671, 2791, 2880, 2884 Public Officials and Employees; conflicts of interest, create State Ethics Commission, SB 228 .............................. 716 Public Officials, Law Enforcement Officers Indemnification; definitions, HB 397 ....................... 829, 833, 1118, 1253, 1507, 1525 Public Records; open for inspection, certain personnel information not available for inspection, SB 203 ............................ 631, 1117, 1251, 1425, 1436 Public Retirement Systems Standards Law; enact, SB 94.................... 100 Public Retirement Systems Standards Law; enact to assure actuarial soundness of systems, HB 219 ............ 1322, 1326, 1635, 1641, 1775, 1965, 2184, 2291 Public Retirement Systems Standards Law; provide, SB 95 .................. 100 Public Safety Department and Board; organization, powers and duties, HB 633 .......................... 1323, 1327, 1496, 1563, 1775 Public Safety Department; issue free identification card to veterans entitled to free driver's license, HB 355 .................... 750, 753, 962, 1063, 1507, 1524 Public Safety Department; Uniform Division, costs, emoluments, compensation, SB 97.................................... 100 Public Safety Department; uniform violation citation and complaint form, SB 99 ............................................. 101 Public School Employees Health Insurance Plan; funding provisions, SB 175 ................................ 532, 636, 677, 723, 734 Public School Employees, Teachers and Employees' Retirement Systems; change provisions, redefine terms, HB 273 ......................... 1393, 1394, 1635, 1641, 1775, 2006, 2193 Public Schools: also SEE Schools, Public. Public Schools; provisions for contracts with public libraries, SB 185 ............................................ 560 Public Schools, Secondary; military recruiters have access to campus, HB 56 ............................... 529, 533, 755, 803, 845, 1070, 1099 Public Service Commission; motor common carriers, regulations, SB 83 .................. 82, 300, 470, 477, 542, 570, 572, 1554, 1578, 2939 Public Service Commission; motor common carriers, temporary emergency authority to operate, certain cases, HB 357 ................................. 954, 958, 1250, 1334, 1425, 1469 Public Service Commission; powers and duties relating to telegraph companies, SB 151 .............................. 467, 538, 565, 603, 620, 2936, 2940 Public Service Commission; telephone companies, rate schedules, toll charges, SB 15 ........................................ 41 Public Service Commission; telephone service to certain new subdivisions, requirements, SB 74 ................................. 73 Public Service Commission; temporary rate schedules, SB 18 ....................................... 42, 300, 469, 477, 542, 543 Public Utilities, Consumers' Utility Counsel; change certain provisions, HB 139......................... 713, 717, 962, 1062, 1133, 1151 Public Utilities; define private carrier, provisions for motor vehicle safety inspections, certain carriers, HB 477 ................. 1049, 1054, 1250, 1335, 1425, 1458 Public Utilities; electric membership corporations conform to local zoning plans, SB 217 ....................................... 714 INDEX 3041 Public Utilities; telephone companies, toll charges, rate schedules, SB 15 ............................................... 41 Public Utility Company; relating to deed to secure debt to convey property, HB 324 ........................... 670, 674, 1635, 1642, 1775, 1991, 2193 Public Works Contracts Awarding; domestic lumber products, preferential treatment, SB 277 .................... 1051, 1248, 1332, 1425, 1435, 2621, 2709, 2940 Public Works, Contracts for; limit amount of retained amounts, SB 242 ...................... 794, 963, 1061, 1133, 1179, 2197, 2292, 2939 Purchases by State Agencies; increase dollar limit authorized without competitive bids, HB 134 .................. 900, 904, 1117, 1252, 1342, 1373 Purchasing, State; define minority business enterprise and minority person, SB 198 ........................... 630, 797, 839, 912, 949 Q Quillian, Daniel David; in memory of, SR 58 .............................. 304 R Rabid Animal; person bitten, notify authorities, owner's responsibilities, SB 258 ..................................... 903, 1118, 1252, 1342, 1378 Rabun County Board of Commissioners; compensation, HB 668 .................................... 1403, 1413, 1633, 1645, 1749 Rabun County Superior Court Clerk; change compensation, HB 595 .................................... 1110, 1115, 1247, 1336, 1422 Radloff, Wayne Richard; commend and invite to appear before Senate, SR 159 ............................................ 1628 Railroad Cars Operated at Night; equip with reflective material, SB 90 .................................................... 83 Railroad Companies; annual meetings of shareholders, HB 70 ...................................... 291, 296, 637, 679, 723, 747 Ralph Cagle Day; proclaiming, SR 15 ..................................... 78 Rankins, Kathy; recognize, SR 118 ..................................... 1177 Rape; statutory, change age definition, SB 39............................... 53 Ray, Congressman Richard; introduced .................................. 1362 Real Estate License Fees; change certain provisions, HB 71 ............................ 669, 673, 1249, 1333, 1507, 1511, 2019 Real Estate Transfer Tax; recorded instrument constitutes legal notice, HB 2 ......................... 98, 102, 2030, 2032, 2671, 2869 Reapportionment, House of Representatives; change certain districts, HB 638 ....................... 1323, 1328, 2029, 2036, 2231, 2437 Records, Public; open for inspection, certain personnel information not available for inspection, SB 203 ................ 631, 1117, 1251, 1425, 1436 Recreation Examiners Board; change termination date, HB 513 ............................... 1407, 1411, 1559, 1638, 2056, 2133 Reed, Jerry; gratitude to, SR 209 ....................................... 2117 Reffner, Mary D.; compensate, HR 71 ............. 1444, 1467, 1632, 1651, 2172 3042 INDEX Regents Board; provisions on vacancies, HB 17 ........................................ 71, 75, 636, 678, 723, 740 Regents Board; scholarship program, HB 19 ........................................ 72, 75, 636, 678, 723, 743 Residential Finance Authority; change membership, certain requirements and provisions on secondary market program, HB 428 ................................. 953, 959, 1247, 1334, 1425, 1469 Residential Finance Authority; change provisions and definitions, secondary market program, SB 201 ........................ 630, 835, 907, 1071, 1109 Resource Conservation and Development Program; commend, SR 133 ................................................ 1260 Resource Recovery Development Authority Law; renewable energy resources, HB 109...................... 292, 297, 536, 566, 603, 624 Retail Installment Contract; fee for dishonored check, HB 645 ............................... 1325, 1328, 1495, 1563, 1677, 1731 Retired Teachers; allowed to substitute teach, certain circumstances, HB 138 ...................... 712, 717, 1118, 1253, 2671, 2728, 2825, 2852 Retirement Benefits District Attorneys Emeritus; change certain provisions, SB 125 .......................................... 278 Retirement; District Attorney Emeritus, salary provisions, SB 92 ............................................... 84, 109, 757, 799 Retirement Fund, Georgia Firemen; redefine terms, change benefits, HB 196 ....................... 1405, 1409, 1635, 1641, 2056, 2131 Retirement Fund, Peace Officers' Annuity and Benefit; change certain procedures and benefits, HB 272.................. 1486, 1491 Retirement Fund, Peace Officers' Annuity and Benefit; disability benefits, HB 94 ....................................... 791, 794 Retirement Fund, Sheriffs'; increase board membership, change certain benefit provisions, HB 212.................. 791, 794, 1118, 1253, 1341, 1358, 1553 Retirement Funds, Benefits; subject to garnishment, provisions, HB 675 ............................... 1484, 1489, 1634, 1645, 1775, 1935 Retirement, Involuntary Separation Provisions; prohibited for county probation employees transferred to State, SB 82 ........................... 82, 304 Retirement, Involuntary Separation Provisions; prohibited for Fulton County probation employees transfer to State, SB 123 .......................... 278, 1494, 1560, 1651, 2239, 2344, 2939 Retirement System, Employees' and Legislative; credit for certain military service, HB 107 .................... 1393, 1394, 2200, 2202, 2670, 2687, 2739, 2782 Retirement System, Employees'; board of trustees and Attorney General urged to take action on involuntary separation benefits, SR 168 .................................... 1631, 2030, 2031, 2670, 2673 Retirement System, Employees'; change rate of interest used by System, HB 266 ......................... 1112, 1115, 1417, 1498, 1573, 1775, 1960 Retirement System, Employees'; county probation employees, membership provisions, SB 81 ............ .82, 964, 1060, 1132, 1134, 2021, 2418, 2724, 2741, 2826, 2889, 2938, 2939 Retirement System, Employees'; county tax commissioners, membership, SB 72 ................................ 63, 757, 799, 845, 884, 2020, 2939 Retirement System, Employees'; credit for certain military service, SB 109 ........................................... 275 Retirement System, Employees'; credit for prior service in district attorney's office, SB 126 ......................... 278 INDEX 3043 Retirement System, Employees'; Federal State Shipping Point Inspection Service employees eligible, SB 42 ................................ 54, 564, 599, 641, 644, 2020, 2939 Retirement System, Employees'; redefine "annuity savings fund", SB 119.............................................. 277 Retirement System, Employees'; redefine term, SB 114...................... 276 Retirement System, Employees', Teachers and Public School Employees; change provisions, redefine terms, HB 273 ......................... 1393, 1394, 1635, 1641, 1775, 2006, 2193 Retirement System for National Guard; General Assembly authorized to provide, SR 50 ........................................ 295 Retirement System, Legislative; change monthly allowance, SB 110 ............................... 275, 564, 600, 641, 650, 954, 2939 Retirement System, Legislative; redefine date of establishment, SB 128........................................... 279 Retirement System, Superior Court Clerks; change certain provisions, SB 73 ........................ 73, 564, 599, 641, 659, 682, 701, 2195, 2939 Retirement System, Superior Court Judges; creditable service for workers' compensation board law judge, SB 80.......................... 82 Retirement System, Superior Court Judges; membership provisions, SB 116................................................. 276 Retirement System, Superior Court Judges; redefine employer, SB 127.................................................. 278 Retirement System, Superior Court Judges; remove provisions relating to retirement after age 70, HB 199 ............................. 1484, 1489, 2200, 2201 Retirement System, Teachers; change provisions on board of trustees, SB 120 ................................................ 277 Retirement System, Teachers; credit for service in certain foreign countries, SB 37 ...................................... 53 Retirement System, Teachers; creditable service for unused sick leave, SB 117 .......................................... 277 Retirement System, Teachers; local systems, eligibility, SB 62 ................................................... 61 Retirement System, Teachers; military service credit, honorable discharge, HB 243 .................................... 953, 958 Retirement System, Teachers; number of years of service to qualify, SB 118 ................................................. 277 Retirement System, Teachers; redefine term, SB 115 ....................... 276 Retirement Systems Funded by State Wholly or In Part; provisions on cost-of-living adjustments, SB 129 ........................ 279 Retirement Systems, Local; service in General Assembly not creditable, SB 63 .............................. 61, 105, 283, 304, 476, 480 Retirement Systems, Public; minimum funding standards, SB 94 .................................................. 100 Retirement Systems, Public; minimum funding standards, SB 95 ............. 100 Retirement Systems Standards Law; enact to assure actuarial soundness of public systems, HB 219 .................... 1322, 1326, 1635, 1641, 1775, 1965, 2184, 2291 Revenue and Taxation; change provisions, procedures and penalties, HB 421 ................ 1236, 1243, 2027, 2033, 2231, 2391, 2932 Revenue Commissioner; change qualifications and eligibility requirements, SB 89 ......................... 83, 282, 301, 477, 542, 570, 587, 793, 2939 Revenue Commissioner; duties and procedures relating to adjustment of county tax digests, SB 142 ............................. 465 3044 INDEX Revenue Raising Legislation; two-thirds vote of General Assembly required certain cases, SR 110............................. 1052 Revenue Shortfall Reserve; midyear adjustment reserve, $5 million available to appropriate for FY 1983, HB 474. ........ . . 937, 939, 1116, 1254, 1341, 1343 Reynolds, City of; bids for contracts for labor, HB 499 ..................................... 827, 835, 963, 1064, 1128 Reynolds, Honorable Steve; commend, SR 82.............................. 765 Richmond County; abolish office of county treasurer and create treasurer emeritus, HB 279 ...................................... 529, 535, 2028, 2032, 2208 Richmond County-Augusta Board of Health, Constitutional Amendment Authorizing; continue, HB 665 ................ 2019, 2024, 2198, 2204, 2626 Richmond County-Augusta Board of Tax Assessors, Constitutional Amendment on; continue, HB 662 ........................ 2018, 2024, 2198, 2204, 2626 Richmond County Board of Commissioners; composition and qualifications, HB 534 .............. 1402, 1413, 2198, 2203, 2637, 2855, 2857, 2885, 2886 Richmond County Board of Education; change composition, HB 554 ........................................... 952, 960 Richmond County; change compensation of certain officials, HB 666 .................................... 2019, 2025, 2198, 2205, 2627 Richmond County-City of Augusta; establish governing authority, SB 227 ................................. 715, 1633, 1639, 1763 Richmond County Delinquent Tax Interest; change populations, HB 663 .................................... 2018, 2024, 2198, 2204, 2626 Richmond County; elections in Augusta, HB 485 .................... 1236, 1244, 1416, 1499, 1573, 1776, 2230, 2233 Richmond County; limits on levying and collecting ad valorem taxes, HB 387 ............................... 1237, 1243, 1557, 1637, 2230, 2232 Richmond County; manufacturing establishments, certain ad valorem tax exemptions continued, HB 388........................... 2018, 2024, 2198, 2202, 2624 Richmond County Probate Judge; provisions for emeritus status, SB 122 .................................................... 277 Richmond County Sheriffs Employees; merit system, HB 449 .................................... 1047, 1056, 2028, 2034, 2208 Rides, Amusement Parks; provide for safety inspection, SB 205 ................................................. 631 Right to Die; provisions for discontinuance of extraordinary life-sustaining procedures, SB 186 ............................. 560, 719, 758, 1341, 1360 River Protection Act, Metropolitan; change certain provisions and requirements, SB 204 ......................... 631, 799, 839, 911, 934, 1630, 1682, 2939 Roadways and Streets; repairs by cities and counties, accommodation for bicycles, SB 222................................ 715, 836, 908, 1070, 1092 Robert E. Lee Institute Junior Army ROTC Rifle Team; commend, SR 201 .......................................... 2055 Rockdale County Magistrate Court; provisions, SB 264 ................................ 956, 1058, 1121, 1255, 1737, 2939 Rockmart American Legion Auxiliary; commend, SR 238 ................................................ 2302 Rockmart American Legion Post Number 12; commend, SR 246 ............ 2303 Rockmart Chamber of Commerce; commend, SR 184. ..................... 1717 Rockmart, City of; maximum fine imposed by recorder, SB 183 ................................... 559, 675, 721, 761, 1240, 2939 Rockmart Junior Chamber of Commerce; commend, SR 243 ............... 2302 Rockmart Kiwanis Club; commend, SR 245 .............................. 2303 Rockmart Lions Club; commend, SR 241 ................................ 2302 INDEX 3045 Rockmart Order of Eastern Star; commend, SR 242....................... 2302 Rockmart Order of the Odd Fellows; commend, SR 244 ................... 2302 Rockmart Order of the Rebeccas; commend, SR 239 ...................... 2302 Rockmart Rotary Club; commend, SR 240 ............................... 2302 Rockmart Woman's Club; commend, SR 237 ............................. 2302 Roe, Tommy; commend, SR 250........................................ 2339 Roe, Tommy; gratitude to, SR 212...................................... 2117 Roger K. Lawson Memorial Bridge; designate, SR 42 .......................................... 279, 598, 638, 682, 700 Rome Boys Club and Boys Club Choir; commend, SR 63 ................... 471 Rome City Commission; election, HB 742 .................................... 1538, 1545, 1633, 1648, 1755 Rome, City of; education board, SB 295 ............................... 1408, 1558, 1636, 1745, 2239, 2939 Rome, City of; extend corporate limits, HB 741 .................................... 1538, 1545, 1633, 1648, 1755 Rome High School Football Team, West; commend, HR 216 ......... 1050, 1070 Rossiter, Francis Patrick; regrets at passing, SR 17...................... 79, 293 ROTC, Junior Army of Robert E. Lee Institute; commend rifle team, SR 201 ....................................... 2055 Rowland, Congressman Roy; introduced ................................. 1288 Rules of the Senate; adopt, SR 1 ......................................... 26 Ryan, Jr., General Thomas M.; commend, SR 99 .......................... 765 Safe Dams Study Commission; create, HR 27 ................................. 531, 536, 636, 679, 723, 763, 764 Sale City, City of; change terms and procedures for election, HB 562 ........................... 952, 961, 1116, 1254, 1338 Sale of Alcoholic Beverages, Consumption; change age requirements, SB 4 ............................................ 39, 298, 469, 477, 484 Sale of Property for Taxes; amount required for redemption if purchased by political subdivision, HB 282 ............. 1486, 1491, 2027, 2033, 2231, 2410 Sales Tax, Joint County and City; new cities share in proceeds, HB 419....................... 1236, 1243, 1557, 1637, 2055, 2076 Sales Tax; levy 1 percent for educational purposes, HR 91 ..................................................... 1324, 1329 Sales Tax, Local Option; proceeds to finance public facilities, SR 4 ..................................................... 44 Sales Tax, MARTA; remain at one percent to June 30, 2012, then one-half percent thereafter, HB 339 ......................... 1552, 1632, 2028, 2033, 2208 Sales Tax on Prescription Drugs; tax credit, HB 180 ................................. 828, 831, 1557, 1637, 1775, 2012 Sales Tax; remove provisions on estimated tax liability, SB 19 ..................................................... 42 Sapelo Island Heritage Authority; create, SB 255 .......................... 902, 1060, 1121, 1260, 1286, 1737, 2939 Savannah-Chatham County Board of Education; district descriptions, HB 628 ......................... 1235, 1245, 1494, 1563, 1675 3046 INDEX Savannah-Chatham County School System; board members, terms, SB 233 ........................... 752, 962, 1061, 1128, 1488, 2939 Savannah, City of; board of aldermen, corporate limits, SB 301 ............................... 1493, 1633, 1639, 1747, 2239, 2939 Savannah Municipal Court; compensation of judge, HB 519 .................................................... 1589, 1601 Savannah Outpatient Treatment Clinic; urge Veterans' Administration to reestablish, SR 192 ............................... 2054 Savannah River, Chatham County; property easement for docking facility, HR 72 .................................. 750, 754, 1060, 1125, 1260, 1287 Savannah; state owned property conveyed to Resource Recovery Development Authority, SR 111 ................ 1052, 1250, 1333, 1425, 1440, 2197, 2940 Scholarships, Military to North Georgia College; military requirements upon graduation, provisions on nominees, HB 308 ........................... 669, 674, 1248, 1334, 1425, 1459, 2192 School Bus Drivers; minimum salaries, HB 297 ............... 1405, 1409, 1632, 1641, 2056, 2114, 2619 School Children Transported on Public Transit Buses; provisions, define tripper service, HB 254 .......................... .713, 717, 964, 1062, 1133, 1212 School Climate Committee; create, HR 156 ............................... 1487, 1491, 1739, 1741, 2671, 2877 School Property; county boards of education may acquire, sell, SB 112 ......................................... 276, 536, 565, 603, 618 School Tax Collection; not apply to certain counties, HB 860 .................................................... 2238, 2242 Schools; encouraged to administer Armed Services Vocational Aptitude Battery Test, SR 60 .............................. 468, 718, 760, 809, 819 Schools; grants, incentive program to local units, SB 64 .................................. 61, 281, 301, 477, 542, 570, 585 Schools, Local Systems; receive State grants to offset revenue loss from change in taxes on banks, HB 441 ............................... 1322, 1326, 2027, 2034, 2671, 2870 Schools, Private; regulation by State agencies not permitted, HB 327 ........... 828, 832, 1415, 1498, 1573, 1677, 1678, 2130, 2184, 2284 Schools, Public; also SEE Public Schools. Schools, Public and Private; alcohol and drug course offered relating to driver's license requirements, HB 391 .....................670, 675, 757, 805, 845, 970, 1035, 1112, 1230 Schools, Public; provide screening of children for scoliosis, HB 129 ........................... 900, 904, 1495, 1561, 1678, 1775, 1959, 2130, 2134, 2187, 2318, 2431, 2933 Scoggin, Mrs. Sarah; commend, SR 71 ................................... 541 Scoliosis; screen public school children, HB 129................ 900, 904, 1495, 1561, 1678, 1775, 1959, 2130, 2134, 2187, 2318, 2431, 2933 Scott, Senator David of 36th district; excused from voting ................... 545 Screven County Judge and Solicitor; compensation, HB 827 .................................... 1701, 1730, 2028, 2039, 2216 Secondary Market Corporation; transfer power and duties to Residential Finance Authority, SB 201....................... 630, 835, 907, 1071, 1109 Secondary Market Program for Home Mortgages; provide within Residential Finance Authority, HB 428 ................ 953, 959, 1247, 1334, 1425, 1469 Secretary of State; communications from, ................. 13, 488, 518, 659, 815, 894, 1316, 1734, 2930 INDEX 3047 Secretary of State; corporations, change number of directors required, HB 27 ...................................... 80, 84, 757, 802, 1342, 1369 Secretary of State; fee for accepting service of process, HB 379 ............................... 1486, 1491, 1634, 1643, 2056, 2090 Secretary of State; powers and duties relating to telegraph companies, SB 151..................... 467, 538, 565, 603, 620, 2936, 2940 Secretary of State; provisions relating to registration of corporations, HB 373 ................... 1112, 1115, 1635, 1643, 1775, 1963 Secretary of State; publication of enrolled Acts of General Assembly, HB 30...................... 98, 103, 757, 802, 1342, 1374, 1553 Secretary of State; registration of trademark, increase renewal fee, HB 375 ..................... 1048, 1053, 1635, 1643, 1776, 2231, 2370 Securities Investor Protection Corporation; members exempt from surety bonds or deposit requirements, HB 427 ........ 954, 959, 1415, 1499, 1573, 2056, 2118 Seminole County Board of Education; election, HB 197 ......................................... 465, 468, 474, 539, 568 Senate Audit Subcommittee; review absence of members from sessions and committee meetings, SB 33 ............................... 52 Senate; election of Secretary, HB 16 .................. 71, 74, 636, 677, 723, 739 Senate Natural Resources and Environmental Quality Committee; Senator Rooney Bowen act as chairman ............................. 1559 Senate Officials, Employees, Committees; relative to, SR 3 ................... 46 Senate President Pro Tempore; powers and duties when presiding, HB 36 ............................ 99, 104, 757, 803, 1507, 1509 Senate President Pro Tempore; Senator Joseph E. Kennedy elected .................................................... 23 Senate Rule 218; suspend to consider Governor's appointments..................................................... 2346 Senate Rules; adopt, SR 1 ............................................... 26 Senate Rules Calendar; change by adding HB 189 ........................ 1681 Senate, Secretary of; Honorable Hamilton McWhorter, Jr. elected ............. 24 Senate Sergeant at Arms; duties include those of Doorkeeper and Messenger, SB 159 ......................... 472, 676, 720, 764, 772, 1630, 2191, 2232 Senate Sergeant at Arms; Hicks, Marvin W. "Cap" elected ................ 2232 Senate; special election to fill vacancy, District 53, due to death of Senator Summers ............................. 16, 815, 816 Senate Standing Committee Assignments for Senator Waymond C. Huggins ....................................................... 816 Senate Standing Committees; appointed................................ 16, 816 Senators-Elect; certified by Secretary of State .......................... 13, 815 Senators-Elect; oath of office administered by Justice Harold Hill........................................................... 16, 816 Service of Process; fees to Secretary of State, HB 379 ............................... 1486, 1491, 1634, 1643, 2056, 2090 Service Stations; attendant aid handicapped persons at self serve pump, SB 55 ........................................... 60 Service Stations, Gasoline; surcharge relating to credit cards prohibited, SB 54 ........................................ 59 Service Stations; provide conveniences for travelers, SB 53 ........................................... 59, 598, 637, 681, 682 Sewage Sludge, Solid Waste; renewable energy resources under Resource Recovery Development Authorities Law, HB 109 .......... 292, 297, 536, 566, 603, 624 Sewer and Water; use of guaranteed revenue bonds to finance local project, HB 566 .................................... 1324, 1326, 1740, 2056, 2129 3048 INDEX Sexual Assault; define crime, SB 40...................... 54, 636, 676, 722, 726, 2076, 2092, 2188, 2288, 2348, 2433, 2933, 2940 Sexual Assault; define crime, SB 52....................................... 56 Sexual Exploitation of Child; redefine minor, HB 429 ...................... 954, 959, 1635, 1643, 1776, 2670, 2678, 2937 Sexual Exploitation of Children; redefine minor as under 16 years of age, SB 46 .............................................. 55 Sexual Offenses Relating to Minors; distribution of material depicting children unlawful, SB 47 .................................... 55 Sexually Explicit Material; distribution to minors unlawful, HB 277 ........................................... 1476, 1488 Sharpe, Guy; wish speedy recovery, SR 220 .............................. 2229 Shelters, Family Violence; not licensed as personal care home, HB 142 ............................. 530, 533, 797, 841, 1070, 1096 Sheriffs; legal counsel provided by State, certain circumstances, SB 43 ...................................... 54, 63, 78, 88, 92, 109, 268 Sheriffs' Retirement Fund; increase board membership, change certain benefit provisions, HB 212. ................. 791, 794, 1118, 1253, 1341, 1358, 1553 Shiflett, Conda; commend, SR 29 ........................................ 108 Shirley, Honorable Ray; commend, SR 67 ................................ 541 Shoplifting, Crime of; redefine, HB 299......... .953, 958, 1634, 1642, 2056, 2089 Shulman, Dr. Neil; commend, SR 9....................................... 65 Silencers; use of while hunting illegal, HB 288 ................................... 713, 717, 799, 841, 1070, 1091 Silver Dollar City Company; recognize for development of two White Water Parks, SR 123 ................................. 1146 Small Businesses; subcommittee study governmental contract matters, SR 91 ........................ . .716, 1057, 1122, 1261, 1341, 1352 Smith, Dale C.; recognize for promotion of country music in middle Georgia, SR 217......................................... 2669 Southern Judicial Circuit; superior court judges, salary supplement, HB 757 ......................... 1539, 1546, 1739, 1743, 2044 Spain, Lisa; recognize, SR 40 ........................................... 109 Spalding County-Griffin Development Authority; powers and duties, SB 288 ......................... 1241, 1494, 1560, 1652, 2239, 2939 Spalding County; state may sell certain tract of property, HR 64 .................................. 792, 796, 1250, 1336, 1425, 1478 Speaker of House of Representatives; determination of permanent disability, HB 647 ............................... 1323, 1328, 1559, 1638, 2230, 2335 State Agencies; purchases authorized without competitive bids, increase limit, HB 134 ................................ .900, 904, 1117, 1252, 1342, 1373 State Boxing Commission; provide, HB 50 .......................... 291, 296, 756, 803, 971, 1070, 1071, 1238 State Buildings Containing Asbestos Materials; evaluate, identify, SR 24 .......................................... 102, 597, 638, 682, 698 State Courts; provide for creation and uniformity, HB 145 ........................ 791, 794, 1634, 1641, 2230, 2294, 2618 State Debt, Investment, Depositories; public securities at least one signature, SB 220 ...................... 714, 835, 907, 970, 1012, 2621, 2694, 2940 State Departments, Board; revise provisions on open meeting requirements, SB 202 ........................................ 630, 837, 907, 970, 1014 State Employee, Deceased; provisions for payment of wages to survivors, SB 146 ...................... 466, 597, 637, 681, 693, 2022, 2096, 2939 INDEX 3049 State Employees; adverse actions, limitations on Personnel Board, SB 12 ............................................. 41 State Employees, University System Personnel; fringe benefits, SR 68 .................................................... 560 State Examining Boards; membership, powers and duties, SB 149 .................................................... 467 State Government; nonprofit contractors conducting business, audit reports, HB 366 ............................... 1111, 1115, 1495, 1561, 1677, 1727 State Government; purchases and public work contracts, domestic steel products, preferential treatment, SB 147 ..................... 466, 474, 538, 570, 602, 607, 2854, 2866, 2939 State of State and Budget Message; Governor address joint session, HR 6 ........................................... 28, 46, 66 State Officers, Employees; allowed to instruct certain courses in University System schools, SB 91 ........... 84, 282, 302, 477, 542, 570, 588, 2687, 2830, 2940 State Officials, Employees; business transactions with State, change compensation of certain officials, SB 113 ........... 276, 563, 600, 641, 652, 2854, 2882, 2940 State Officers, Employees; engage in political activities certain conditions, SB 36 .............................. 53, 299, 469, 477, 542, 552 State Officials and Employees; conflicts of interest, certain business transactions prohibited, HB 606 .......... 1405, 1412, 2029, 2035, 2671, 2791, 2880, 2884 State Officials, Employees; conflicts of interest, State Ethics Commission, SB 228 .................................... 716 State Officials; legal counsel provisions include sheriffs, SB 43 ...................................... 54, 63, 78, 88, 92, 109, 268 State or Nonprofit Agency Purchasing Meals with Public Funds; competitive bids required, HB 87 .......................... 273, 280 State Parks; hours of operation of boats at Little Ocmulgee and Magnolia Springs, SB 174 .................. 532, 1060, 1119, 1261, 1313, 1342, 1399 State Patrol Aviation Unit; commend, SR 179 ............................ 1677 State Patrol, Uniform Division; primary responsibility for enforcement on interstate highways, SB 51 ............................. 55 State Purchasing; define minority business enterprise and minority person, SB 198 ......................................... 630, 797, 839, 912, 949 Statesboro, City of; maximum amount of fines imposed by court, HB 838 ................................... 2079, 2088, 2198, 2207, 2631 Statutory Rape; change age definition, SB 39............................... 53 Steel, Domestic; preferential treatment in State purchases and public work contracts, SB 147............ .466, 474, 538, 570, 602, 607, 2854, 2866, 2939 Steele, Mr. Jim and Stewart Middle School; commend, SR 144 ......................................................... 1507 Stephens, Malcolm Daniel (Dykes); commend, SR 222..................... 2229 Stetson, Jody; recognize, SR 124 ....................................... 1178 Stevens, Ray; gratitude to, SR 215...................................... 2117 Stewart Middle School and Principal Jim Steele; commend, SR 144 ......... 1507 Stolen Motor Vehicle; provisions on storage fees when recovered, SB 23 ............................. 43, 798, 838, 912, 970, 1008 Stone Mountain Judicial Circuit Superior Court Judges; supplemental compensation, SB 221 ................................ 714, 1558, 1636, 1762, 2934, 2940 Stone Mountain Memorial Association; continue as Stone Mountain State Park Authority, HB 438................................. 1404, 1410 Stop Drugs at the Source Petition; relative to, SR 88 ...................................... 716, 797, 839, 912, 970, 973 3050 INDEX Stop Drugs at the Source; relative to the People Executive Treaty signed by President Reagan, SR 195 .......................... 2054 Stop Drugs at the Source; relative to the People Executive Treaty signed by Speaker O'Neill, SR 198 ........................... 2055 Stop Drugs at the Source; relative to the People Executive Treaty signed by Vice President Bush, SR 196........................ 2055 Stripling, III, Charles M.; commend, SR 257 ............................. 2670 Structural Pest Control Commission; powers and duties, certification revocation, certain cases, SB 137 .................. 294, 563, 600, 641, 655, 1736, 2939 Student Loans; nursing students eligible, SB 104 ........................... 102 Student Loans; provisions under Private College and Universities Authority, HB 432 ................................. 828, 833, 1248, 1335, 1507, 1526 Summers, Honorable E.G.; regrets at passing, SR 94 ....................... 765 Summers, Senator E. G.; special election January 25, to fill vacancy due to his death .................................... 16, 815, 816 Summerville, City of; create position of city manager, HB 486 ....................................... 827, 834, 962, 1063, 1126 Sumner, Barbie; recognize, SR 124 ..................................... 1178 Sumter County Officials; annual compensation, HB 193 ......................................... 293, 298, 474, 539, 568 Sumter County Sheriff; change salary, HB 191 ......................................... 292, 297, 474, 539, 567 Sumter County Tax Commissioner; compensation, HB 192 ......................................... 292, 298, 474, 539, 568 Sunday, Discharge of Firearms; authorized when hunting on publicly owned land which is open, HB 96 .................... 292, 297, 636, 679, 723, 763, 766 Sunset Law; change termination date for Recreation Examiners Board, HB 513......................... 1407, 1411, 1559, 1638, 2056, 2133 Sunset Law; change termination date of Athletic Trainers Board, HB 66.............................. 291, 296, 756, 804, 1070, 1098 Sunset Law; change termination date of Board of Registration for Used Motor Vehicle Dismantlers and Dealers, SB 145 ..................................... 466, 756, 800, 845, 911, 942 Sunset Law; Water Well Standards Advisory Council, change termination date, SB 256 .......................... 902, 1060, 1121, 1261, 1288, 2195, 2939 Sunshine Law; change open meeting provisions for State Departments and Boards, SB 202 ................................. 630, 837, 907, 970, 1014 Superior Court Clerks; change minimum annual salaries, SB 182 ....... .559, 756, 801, 845, 872, 899, 912, 970, 971, 2854, 2864, 2939 Superior Court Clerks; change provisions on additional training, credit for retirement, HB 436 ............... 1485, 1490, 1634, 1644, 1776, 2056, 2111 Superior Court Clerks, Fulton and DeKalb Counties; cost of services, change population figures in Act, HB 434 ............... 1048, 1054 Superior Court Clerks; minimum annual salaries, HB 332 ................................. .628, 633, 963, 1063, 1133, 1227 Superior Court Clerks; provisions on storage of records, SB 21 ........................... 42, 537, 565, 603, 612, 2415, 2435, 2939 Superior Court Clerks Retirement System; change certain provisions, SB 73 ........................ 73, 564, 599, 641, 659, 682, 701, 2195, 2939 Superior Court Clerks; salaries set by population, exclude residents on United States property, certain counties, SB 189 ............... 594, 756, 801, 845, 912, 946, 1555, 1585, 2185, 2939 Superior Court Judges; change procedure for review of sentences, SB 78 ........................................... 74, 598, 637, 681, 685 INDEX 3051 Superior Court Judges; change provisions on training seminars, HB 620 .................................................... 1321, 1327 Superior Court Judges Retirement System; creditable service for workers' compensation board law judge, SB 80 ................................. 82 Superior Court Judges Retirement System; membership provisions, SB 116 ................................................. 276 Superior Court Judges Retirement System; redefine employer, SB 127.................................................. 278 Superior Court Judges Retirement System; remove provisions relating to retirement after age 70, HB 199 ................. 1484, 1489, 2200, 2201 Superior Courts; Appalachian Judicial Circuit, create, HB 185 ................................. 628, 632, 1059, 1123, 1260, 1314 Superior Courts; change certain filing fees, HB 12 ............................. 98, 102, 1416, 1497, 1573, 1580, 2619 Superior Courts; payment of costs for transcripts of trial record for appeals, SB 156 .................................... 468, 598, 638, 682, 695 Superior Courts; time for trial in civil cases, exceptions if party is 70 years or older, SB 60...................................... 61, 1059, 1119, 1261, 1289 Supreme Court and Appeals Court Judges; invited to joint session to hear message from Governor, HR 7 ....................... 28, 46 Supreme Court; change provisions relating to terms and proceedings, HB 580 ......................... 1322, 1327, 1740, 1741, 2056, 2166, 2617 Suttles, Dr. William M.; eulogy, Senator E. G. Summers.................... 765 Suttles, Dr. William Maurrelle; commend, SR 55 .......................... 303 Sutton, Mr. Ozell and Alpha Phi Alpha Fraternity; commend, SR 80 .................................................. 602 Swim Team, All-American Girls'; recognize, SR 124 ...................... 1178 Talbot County Board of Commissioners; change provisions on election, HB 611 ........................... 1234, 1245, 1494, 1563, 1674 Tallapoosa Judicial Circuit; District Attorney's expenses, HB 680 .................................................... 1441, 1465 Tallapoosa Judicial Circuit Superior Courts; change term, HB 430 ........................... 750, 753, 1059, 1124, 1261, 1341, 1355 Tattnall County Probate Court Judge; annual salary, HB 765 ................................. 1540, 1547, 1633, 1649, 1757 Taverns; place breath alcohol analysis machines on premises, sales to intoxicated persons prohibited, SB 243......................... 830 Tax, Ad Valorem; airport lands owned or leased by political subdivisions, private facilities located thereon subject to levy, HB 492 ........................ 1392, 1394, 1494, 1562, 1677, 1709 Tax, Ad Valorem; foreign merchandise in transit, redefine, change certain provisions, SB 196 .............................. 629, 718, 759, 809, 816, 2935, 2940 Tax, Ad Valorem, Homestead Exemption; date for filing, unlawful to file on behalf of another for a fee, HB 530 ........... 1406, 1411, 1557, 1638, 2055, 2180, 2283, 2369, 2620, 2676, 2784, 2938 Tax, Ad Valorem; property devoted to agricultural purposes, preferential assessment, HB 230 ....................... 828, 831, 1415, 1498, 1573, 1593, 1738 3052 INDEX Tax, Ad Valorem; unauthorized person making return unlawful, SB 166 ................................. 531, 718, 758, 809, 813 Tax Assessors Boards, Equalization Boards, Counties; provisions on age of members, filling of vacancies, HB 75 .................... 953, 957, 1330, 1418, 1507, 1573, 1574, 2019 Tax Commissioners, Counties; members of Employees' Retirement System, SB 72 ......................... 63, 757, 799, 845, 884, 2020, 2939 Tax Credit for Family Support of Mentally Retarded Study Committee; create, HR 12 .................................... 530, 536, 797, 841, 1508, 1530 Tax Digests, Counties; procedures relating to adjustment and equalization, SB 142 ........................................... 465 Tax Equalization Boards, Counties; selection of members, HB 368 ............................... 1485, 1490, 2029, 2033, 2886, 2911 Tax Executions; issuance and assessment of fees, HB 127 ................................. 628, 632, 1416, 1498, 1573, 1583 Tax, Hotel-Motel; additional exemption, HB 356 .............................. 1404, 1410, 1557, 1637, 1775, 1964 Tax, Income; credit for sales tax on prescription drugs, persons 62 years or older, HB 180 ............................... 828, 831, 1557, 1637, 1775, 2012 Tax, Real Estate Transfer; recorded instrument constitutes legal notice, HB 2 .........................98, 102, 2030, 2032, 2671, 2869 Tax Sale; amount required for redemption of property if purchased by political subdivision, HB 282..................... 1486, 1491, 2027, 2033, 2231, 2410 Tax, Sales; SEE Sales Tax Tax Sales; time during which person may redeem land, SB 284..................................................... 1113 Taxation; banks and financial institutions, comprehensive revision, HB 440 ................................. 1237, 1243, 2027, 2034, 2230, 2355, 2724, 2728, 2825, 2829, 2897, 2937 Taxation; change certain provisions, procedures and penalties, HB 421 ........................ 1236, 1243, 2027, 2033, 2231, 2391, 2932 Taxation of Property, Ad Valorem; exclude certain costs in meaning of fair market value, SB 131.......................... 293, 718 Taylor, Ms. Mamie K.; regrets at passing, SR 7 ............................................................. 65 Taylorsville, City of; correct corporate limits, HB 632 .................................... 1235, 1246, 1415, 1501, 1569 Teachers; change provisions on sick leave accumulation, SB 164 ......................................... 473, 718, 758, 809, 812 Teachers, Employees' and Public School Employees Retirement Systems; change provisions, redefine terms, HB 273 .............. 1393, 1394, 1635, 1641, 1775, 2006, 2193 Teachers; provide for performance evaluations, certain cases, SB 230 ..................................................... 751 Teachers, Retired; allowed to substitute teach, certain circumstances, HB 138 ...................... 712, 717, 1118, 1253, 2671, 2728, 2825, 2852 Teachers Retirement System; change provisions on board of trustees, SB 120 ................................................ 277 Teachers Retirement System; credit for service in certain foreign countries, SB 37 ............................................. 53 Teachers Retirement System; credit military service if honorably discharged, HB 243................................. 953, 958 Teachers Retirement System; creditable service for unused sick leave, SB 117 .......................................... 277 INDEX 3053 Teachers Retirement System; local systems, eligibility, SB 62 ................................................... 61 Teachers Retirement System; number of years of service to qualify, SB 118 ................................................. 277 Teachers Retirement System; redefine term, SB 115 ........................ 276 Technicians, Emergency Medical; render certain services in hospital, HB 80 .......................... 1111, 1114, 1495, 1561, 1776, 2231, 2408 Telegraph Service; define certain terms, requirements for licensure, SB 151 ...................... 467, 538, 565, 603, 620, 2936, 2940 Telephone Companies; toll charges, prohibitions, referendum requirements, SB 15 ................................................ 41 Telephone Service, Emergency 911 Number; toll free if multijurisdictional, SB 17 ............................................ 42 Telephone Service in New Subdivisions; Public Service Commission, powers and duties, SB 74 ................................ 73 Television, Cable Systems; access rights of tenants in multifamily dwellings, SB 229 .............................. 751, 963, 1061 Tenancy in Common; interests in property to be partitioned, HB 209 ........................... 628, 633, 1496, 1561, 1677, 1702, 2019 Terminally 111 Persons; program of hospice care, HB 10 ..................... 1111, 1114, 1495, 1561, 1678, 2231, 2401, 2931 Terrell County Small Claims Court; costs in certain garnishment cases, HB 612 .................................... 1234, 1245, 1415, 1500, 1568 Third-Party Prescription Programs; regulate, HB 310 ..................... 1146, 1147, 1558, 1637, 2055, 2058, 2618 Thomas County Board of Commissioners; election, HB 762 .................................. 1590, 1602, 2028, 2037, 2211 Thomas County Probate Judge; change amount of court costs charged, HB 763 ....................... 1590, 1602, 2028, 2037, 2211 Thomas County Small Claims Court Judge; elected, ' HB 758 .................................... 1590, 1602, 2028, 2037, 2211 Thomas County Superior Court Judge; compensation supplement, HB 756 ................................... 1539, 1546, 1633, 1648, 1757 Thomas, Frank Asbell; commend, SR 221 ......................................................... 2229 Thomaston, City of; Education Board, selection of members, HB 112 ......................................... 100, 104, 299, 470, 475 Thomaston-Upson County Office Building Authority; define, enlarge powers, HB 793 ..................... 1591, 1603, 2028, 2038, 2212 Thompson, Garland; commend, SR 109 ................................... 970 Thompson, George W., Sr.; designate bridge in honor, SR 79 .......................... 631, 799, 839, 912, 970, 1011, 1555, 2940 Thompson, Renee; recognize, SR 118 .................................... 1177 Thurman, Sheriff Don; commend, SR 147................................ 1571 Ticket Scalping, Athletic Events; change certain provisions, allow service charge by agents, HB 249 .............. 953, 958, 1496, 1561, 1677, 1681, 1710, 2193 Tift County Board of Commissioners Chairman; board of commissioners fix salary, HB 515 ............... 900, 905, 1116, 1254, 1338 Tift County Board of Tax Commissioners; fix salary, HB 514 .................................. 899, 905, 1058, 1124, 1257 Tifton-Tift County Charter Commission; create, HB 426 ........................................ 749, 754, 906, 966, 1068 3054 INDEX Time-Share Estates, Specialized Land Transactions; regulate, HB 246 ............................... . .901, 904, 1057, 1123, 1507, 1520 Tollway Authority, State; Department of Transportation provide maintenance and operational assistance, HB 255 .......... 593, 596, 757, 805, 845, 1070, 1094 Tort Actions; damages caused by intoxicated person, liability of person selling drinks, SB 88 ...................... 83, 564, 599, 641, 648 Tort Actions; recovery provisions for wrongful death of spouse or parent, SB 86 ............................................. 83 Tort Actions; wrongful death of children, punitive damages, SB 87 .................................................... 83 Torts; animal owner's liability for injuries, SB 224 .................................... 715, 798, 839, 912, 970, 1007 Torts; physician not liable under certain circumstances, SB 150 ......................................... 467, 597, 637, 682, 694 Town of Norwood Mayor and Councilmen; change term, HB 841 .................................... 2079, 2089, 2198, 2207, 2632 Towns County Mountain Fair Authority; qualifications, HB 643 .................................... 1536, 1543, 1633, 1645, 1748 Towns County Probate Court Judge; annual salary, HB 642 .................................... 1321, 1329, 1558, 1638, 1748 Towns County Sheriff; compensation, HB 804 .................................... 1592, 1605, 1739, 1745, 2048 Track, Ladies Selected as All-American in; recognize, SR 118 ......................................................... 1177 Trademark or Service Mark; increase renewal fee, HB 375 ........................ 1048, 1053, 1635, 1643, 1776, 2231, 2370 Traffic Offenses; procedure for modifying sentence or judgment, SB 61 ........................................... 61, 473, 538, 570, 589 Traffic Violations; uniform violation citation and complaint form, SB 99 ...................................................... 101 Transportation Board, State; election of Doug Whitmire. ..................... 38 Transportation Board, State; election of J.O. Bacon and Hugh D. Broome .............................................. 463 Transportation Commissioner; modify term of office, SB 65 ........................... 62, 106, 283, 304, 476, 482, 1554, 2939 Transportation Department; awarding of contracts on bids, SB 177 ......................................... 558, 757, 800, 845, 881 Transportation Department; regulation of size and weight of motor vehicles on highways and bridges, SB 260.................. 903, 1060, 1121, 1261, 1299, 1631, 1953, 2939 Transportation in Georgia Study Committee; create, SR 162 .................................... 1557, 2200, 2201, 2670, 2677 Trapping, Steel Jaw Leg-Hold Traps; prohibit, SR 75 ...................................................... 560, 1060 Traps for Capturing Animals, Steel Jaw Leg-Hold; prohibited until certain date, SB 181 ............................ 559, 1060 Travelers' Convenience Act; provide, SB 53 ........................................... 59, 598, 637, 681, 682 Treasurers, County; election provisions, HB 18 ................................. 98, 103, 636, 678, 723, 741, 1239 Trial, Time for in Superior Courts; exceptions if party is 70 years or older, SB 60 .......................... 61, 1059, 1119, 1261, 1289 Trippe, W.D.; commend, SR 129 ....................................... 1260 INDEX 3055 Troubled Children, Conduct Program for Care of; Senate Human Resources Committee, SR 228 .............................. 2621 Troup County; change salary of certain officers, HB 849 ............................................... 2237, 2240, 2622 Troup County Coroner; salary, HB 850 ............................................... 2237, 2240, 2622 Troup County Small Claims Court Judge; salary, HB 847 ............................................... 2237, 2240, 2622 Troup County State Court Judge and Solicitor; compensation, HB 848 ............................................... 2237, 2240, 2622 Truckers, Nonstriking; concerning acts of violence against, SR 90 ........................................ 716, 837, 908, 1071, 1102 Trucking Clubs or Associations; provisions relating to insurance contracts for guaranteed arrest bond certificates, HB 179 ................................. 901, 904, 1249, 1333, 1425, 1479 Trucks on Highways, Weights and Loads; correct typographical error relating to fees for excess weight, HB 168 ................................ 1236, 1242 Turner, C. Clayton; commend, retirement, SR 8 ............................................................. 65 Turner, James; recognize on retirement, SR 66 ........................................................... 541 Tuttle, Jr., Dr. Elbert; commend, SR 9 ............................................................. 65 Tybee Island; change provisions on governing body, HB 395 ........................................ 713, 718, 906, 966, 1067 Tyler, Greg; recognize, SR 48 ...................................... 284, 1260 Tyler, Jeff; commend, SR 47 ............................................ 284 Tyler, Jeff; recognize, SR 48 ....................................... 284, 1260 Tyrone, Town of; councilmen, terms of office, SB 300 ............................... 1493, 1558, 1636, 1746, 2934, 2940 U Unemployment Benefits; change certain provisions, HB 170 ............................ 557, 561, 798, 841, 1070, 1095, 1553 Unemployment Compensation; increase maximum weekly benefits, change certain provisions, HB 250. ........................... 974, 1249, 1334, 1425, 1477 Uniform Division; Public Safety Department, Costs, emoluments, compensation, SB 97.................................... 100 Union County Board of Education; election, HB 716 .................................... 1443, 1466, 1633, 1647, 1752 Union Point, City of; change certain fines, SB 111 ................................... 276, 474, 538, 566, 1542, 2939 Universities; Regents Board scholarship program, elderly citizens attend without charge, HB 19 ................................. 72, 75, 636, 678, 723, 743 University of Georgia Football Team; commend coaches and members, SR 12............................................. 65, 81 University System Laboratory and Equipment Needs, Committee to Study; create, SR 156 .................................... 1557, 2199, 2201, 2670, 2675 University System Personnel, State Employees; fringe benefits, SR 68 .................................................... 560 3056 INDEX University System Schools; State officials, employees authorized to instruct certain courses, SB 91 ........... 84, 282, 302, 477, 542, 570, 588, 2687, 2830, 2940 Urban County and Municipal Services, Committee to Study; create, SR 191 .............................. 1738, 2029, 2031, 2670, 2674 Urban Residential Finance Authorities for Large Municipalities; board members, compensation, HB 285 .............................. 1536 Used Car Dealers; change laws regulating, HB 568 .............................. 1407, 1412, 2028, 2035, 2231, 2457 Used Motor Vehicle Dismantlers, Salvage Dealers; change certain terms, SB 215 ....................... 713, 837, 907, 1071, 1103, 2196, 2288, 2939 Used Motor Vehicle Parts and Salvage Dealers; certain records public, SB 24 ............................................... 43 Valdosta High School Football Team; commend, SR 31 ........................................................... 108 Valdosta High School Football Team; commend, HR 18......................................................... 59, 65 Vehicle Equipment Safety Compact; Georgia party state, provisions for withdrawal, HB 77 ...................... 627, 632, 757, 804, 1341, 1361 Veterans; additional requirements in order to peddle without paying for a license, HB 330 ...................... 713, 717, 962, 1062, 1507, 1523 Veterans' Administration Hospital; provisions for transfer of mental patients from State facilities, SB 28 ............................ 44 Veterans' Administration Outpatient Treatment Clinic, Savannah; urge reestablishment, SR 192 ...................................... 2054 Veterans' Driver's License; identification card issued free of charge to those entitled, HB 355 ..................... 750, 753, 962, 1063, 1507, 1524 Veterans' Service, Director; change title to Commissioner of Veterans' Service, HB 25 ...................... 80, 84, 757, 802, 1341, 1362 Veterinarians; revise laws regulating technicians assisting, SB 173 ......................... 532, 755, 800, 845, 880, 2854, 2862, 2939 Vetoes by Governor; 1982 session ......................................... 29 Victims of Crime, Compensation to; create committee to study, SR 125 .............................. 1241, 1416, 1497, 1573, 1577 Victims of Felony Crime Under 17 Years of Age; unlawful to publish name without consent, SB 247 ................... 831, 1057, 1121 Victims, Witnesses in Criminal Cases; notified of release of defendant, SB 226 ......................... 715, 1118, 1251, 1425, 1456 Vidalia, City of; change provisions on fines for law violation, HB 469.............................. 790, 795, 1058, 1124, 1256 Vidalia Onions; standards and classification for sale, SB 209 .............. 671, 755, 801, 845, 867, 1555, 1624, 1990, 2014, 2185 Vidalia Sweet Onion; commend, SR 33 ........................................................... 108 Vital Records; provisions for delayed birth registration, disposition permit requirements for dead bodies, HB 435 ..... 1476, 1488, 1634, 1644, 2671, 2832 Vocational Rehabilitation; services under workers' compensation, SB 57 ................................................ 60 INDEX 3057 Voter Registration; Election Code provisions, HB 28 ...................................... 81, 85, 757, 802, 1342, 1370 Voter Registration; qualifications under Election Code, HB 32 ............................. 99, 103, 757, 803, 1342, 1380, 1552 w Wages due Deceased Employee; payment to survivors, HB 46 .......................................... 1403, 1408, 1558, 1636 Wages due Deceased State Employee; payment to survivors, SB 146 ....................... 466, 597, 637, 681, 693, 2022, 2096, 2939 Wagner, Jeff; commend, SR 36 ........................................................... 108 Walker County Probate Judge's Office Personnel; compensation, HB 677 ................................. 1403, 1413, 1633, 1646, 1749 Walker County Superior Court Clerk's Office; compensation for personnel, HB 679........................ 1404, 1414, 1633, 1646, 1750 Walker County Tax Commissioner's Office Personnel; compensation, HB 678 ....................... 1403, 1413, 1633, 1646, 1749 Walker, Herschel; commend, SR 13 ............................................................ 65 Walker, Veronica; recognize, SR 118 ......................................................... 1177 Walton County Sheriffs Personnel; change certain provisions, HB 660 .................................... 1402, 1413, 1558, 1639, 1748 Walton, Richard; compensate, HR 105 ......................................... 1444, 1467, 1632, 1651 Warehouses, Licensed and Bonded; remove certain exemption, change certain license requirements for grain dealers, HB 89 ............................ 274, 280, 1632, 1640, 2055, 2072, 2194 Washington, Honorable Harold; congratulations to, SR 194 ......................................................... 2054 Water and Sewer; use of guaranteed revenue bonds to finance local project, HB 566 ........................ 1324, 1326, 1740, 2056, 2129 Water Use; Metropolitan River Protection Act, change certain provisions, SB 204 ......................... 631, 799, 839, 911, 934, 1630, 1682, 2939 Water Well Standards Advisory Council, State; change termination date, SB 256 .......................... 902, 1060, 1121, 1261, 1288, 2195, 2939 Watkinsville, City of; create and incorporate in County of Oconee, HB 708............................. 1442, 1466, 1558, 1639, 1751 Wayne County Board of Education; change number of members, HB 858 ................................ 2238, 2241, 2622, 2623 Wayne County State Court Judge & Solicitor; compensation, HB 819 ................................... 1700, 1728, 2028, 2038, 2215 Wayne County Superior Court Clerk; compensation, HB 818 ................................. 1700, 1728, 2028, 2038, 2214 Wayne, Dennis; commend, SR 127...................................... 1146 Weapons, Firearms; change licensing provisions, HB 385 ......................... 1407, 1410, 1634, 1643, 1776, 2231, 2369 Weapons, Unlawful Possession by Felons; relief from penalties, certain cases, HB 68 .......................... 593, 595, 2199, 2201, 2670, 2684, 2932 3058 INDEX Weller, Freddie; commend, SR 251 ..................................... 2339 West Georgia College Braves Football Team; commend, SR 73 .................................................. 541 West Georgia College Football Cheerleaders; commend, SR 74 .................................................. 541 West Rome High School Football Team; commend, HR 216 .................................................... 1050, 1070 Westmoreland, Clarence; regrets at passing, SR 27 ........................................................... 107 Wheeler County Commissioner; compensation, HB 471 ...................................... 791, 796, 1058, 1124, 1256 White Plains, City of; new charter, HB 808 .................................... 1592, 1605, 2028, 2038, 2214 White Water Parks; recognize Silver Dollar City Company for development, SR 123 .................................. 1146 Whitehead, Mrs. Virginia; commend, SR 87 ........................................................... 681 Whitmire, Doug; elected to State Transportation Board ...................... 38 Wiggins, Lisa; commend, SR 35 ......................................... 108 Wilber, Dr. Joseph; commend, SR 9 ............................................................. 65 Wilcox County Small Claims Court; create, HB 215 ......................................... 465, 468, 474, 539, 569 Wilkinson County Board of Commissioners; change provisions on election, HB 558............................ 952, 960, 1415, 1499, 1567 Wilkinson County Board of Commissioners; compensation, HB 557 ..................................... 952, 960, 1415, 1499, 1566 Wilkinson County; election of new Board of Education, HB 561 ...................................... 952, 961, 1415, 1499, 1567 Willis, Gerald; recognize, SR 200 ....................................... 2055 Wills, Estates; priority of claims, SB 71 ............................................................ 63 Wills, Estates; probate in solemn form, service of notice of petition may be mailed, HB 45 ..................... 529, 533, 1558, 1636, 1776, 2056, 2165 Wills Living; new Code Chapter, provisions and requirements, SB 186 ........................... 560, 719, 758, 1341, 1360 Wills; spouse to receive maximum amount of property allowed by federal law, HB 177 ................................. 530, 533 Windows on Motor Vehicles; obstruction of vision unlawful, SB 2 ................................. 39, 85, 106, 285, 2021, 2080, 2939 Wineries, Farm; licensing and regulating sales, HB 171 ..................... 628, 632, 1057, 1122, 1260, 1262, 1528, 1532, 1589, 1624, 2873, 2937 Winterville, City of; change certain provisions of police court, HB 564 ................................ 952, 961, 1116, 1254, 1339 WLTA Radio; commend, SR 127 ......................................................... 1146 Workers' Compensation Board Law Judge; creditable service under Superior Court Judges Retirement System, SB 80 .................................... 82 Workers' Compensation; change compensation for vocational rehabilitation, SB 57 ................................................ 60 Workers' Compensation; information to injured workers on rights, SB 56 .................. 60, 299, 470, 477, 542, 570, 571, 2826, 2833, 2939 INDEX 3059 Workers' Compensation; procedure and liability provisions, third party cases, SB 152 ........................................... 467 Workers' Compensation; records on previous cases available to employers, SB 58 .............................. 60, 1059, 1119, 1261, 1294 Workers' Compensation Task Force; create, SR 77 ...................................... 595, 797, 839, 912, 970, 975 Worth County Small Claims Court; change jurisdictional amount, HB 452 ................................ 790, 795, 906, 966, 1068 Wright, Jr., Daniel; commend, SR 136 ......................................................... 1483 Wright, Jr., Daniel W.; President of Georgia Association of Educators, introduced ............................................. 2339 Wrongful Death Tort Actions; punitive damages, SB 87 ............................................................ 83 Wrongful Death; tort actions, recovery provisions death of spouse or parent, SB 86 .......................................... 83 Wylie, Robbie; commend, SR 26 ...................................... 107 Y Youth Art Month in Georgia; relative to, SR 139 ......................................................... 1424 Youth Assembly, Officials of; commend, SR 128 ......................................................... 1259 Youthful Offender Act of 1972, Georgia; repeal, SB 244 .......................................................... 830 z Zarkowsky, William Michael; commend, SR 102 .......................................................... 808 Zoning Plans, Local; for power substations, electric membership corporation conform, SB 217 ........................................ 714