Journal of the Senate of the State of Georgia regular session 1984, volume I, commenced at Atlanta, Georgia, Monday, January 9, 1984 and adjourned Wednesday, February 29, 1984

Compiler's Note
The Journal of the Senate for the regular session of 1984 is bound in two separate volumes. Volume I contains January 9, 1984 through February 13, 1984. Volume II contains February 14, 1984 through February 29, 1984 and the complete index.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 9, 1984 and adjourned Wednesday, February 29, 1984
VOLUME I
1984 Atlanta, Georgia

OFFICERS
OF THE
STATE SENATE
1984
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 CELANO.................................. Bill Status Clerk
COBB COUNTY
SARAH BROWNE ............................... Assistant Bill Clerk
FULTON COUNTY
LINDA THOMPSON ................................ Calendar Clerk
CLAYTON COUNTY

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

Senators

District Address

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

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

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

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

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

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

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

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

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

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

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

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

Frank E. Coggin ........................... 35th ... College Park

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Senators

District Address

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

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

Name

District

Address

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

Name

District

Address

Carter, Hanson ................... 146 .............. .Nashville Chambless, Tommy................ 133 ............... Albany Chance, George A., Jr.............. 129 ............... Springfield Cheeks, Donald E. (Don)........... 89 ............... Augusta Childers, E. M. (Buddy) ........... 15, Post 1 ........ .Rome Childs, Peggy ..................... 53 ............... Decatur Clark, Betty J..................... 55 ............... Atlanta Clark, Louie...................... 13, Post 1......... Danielsville Colbert, Luther S.................. 23 ............... Roswell Coleman, Terry L. ................ 118 ............... Eastman Colwell, Carlton H................. 4, Post 1......... Blairsville Connell, Jack ..................... 87 ............... Augusta Cooper, Bill (John Wm.) ........... 20, Post 3......... Marietta Copelan, Jesse, Jr.................. 106 ............... Eatonton Couch, Barbara H. ................ 40 ............... Atlanta Cox, Walter E. ................... 141 ............... Bainbridge Crawford, John ................... 5 ............... Lyerly Crosby, Tom, Jr. .................. 150 ............... Waycross Cummings, Bill ................... 17 ............... Rockmart Daugherty, J. C. .................. 33 ............... Atlanta Davis, J. Max .................... 45 ............... Atlanta Dean, Douglas C. ................. 29 ............... Atlanta Dixon, Harry ..................... 151 ...............Waycross Dobbs, Denny .................... 74 ............... Covington Dover, Bill ....................... 11, Post 1......... Hollywood Dunn, Wesley .................... 73 ............... McDonough Edwards, Ward ................... 112 ...............Butler Evans, Warren D. ................. 84 .............. .Thomson Felton, Mrs. Dorothy .............. 22 ............... Sandy Springs Foster, Philip A. (Phil) ............ 6, Post 2......... Dalton Galer, Mary Jane ................. 97 ............... Columbus Ginsberg, Ronald E. (Ron) ......... 122 .............. .Savannah Godbee, John ..................... 110 ............... Brooklet Goodwin, Bill..................... 63 ............... Norcross Greene, Gerald E. ................. 130 ............... Cuthbert Greer, John W. ................... 39 ............... Atlanta Groover, Denmark................. 99 ............... Macon Hamilton, DeWayne ............... 124 ............... Savannah Hamilton, Mrs. Grace T. ........... 31 ............... Atlanta Hanner, Bob...................... 131 ............... Parrott Hasty, W. G., Sr. (Bill)............ 8, Post 2......... Canton

8

Name

District

Address

Hays, Forest, Jr. .................. 1, Post 2......... Flintstone Heard, Paul W., Jr. ............... 43 .............. .Peachtree City Hirsch, Milton .................... 96 ............... Columbus Holcomb, C. E. "Ed" .............. 72, Post 3........ . Jonesboro Holmes, Bob...................... 28 ............... Atlanta Hooks, George B. ................. 116 ............... Americus Home, Frank ..................... 103 ...............Macon Hudson, W. N. "Newt" ............ 117 .............. .Rochelle Irvin, Jack ....................... 11, Post 2......... Baldwin Isakson, Johnny ................... 21, Post 2......... Marietta Jackson, Jerry D. ................. 9, Post 3 ......... Chestnut
Mountain Jackson, Neal..................... 65 ...............Monroe Jackson, Wm. S. (Bill)............. 83 ............... Martinez Johnson, Diane Harvey............. 123 ............... Savannah Johnson, Frank B. ................. 21, Post 4......... Smyrna Johnson, Gerald ................... 70 ............... Carrollton Johnson, Rudolph ................. 72, Post 4......... Morrow Johnson, Suzi..................... 76 ............... Orchard Hill Jones, Bill........................ 78 ............... Jackson Karrh, Randolph (Randy) .......... 109 .............. .Swainsboro Kilgore, Thomas .................. 42 ............... Douglasville Lambert, E. Roy .................. 66 ............... Madison Lane, Dick ....................... 27 ............... East Point Lane, Robert (Bob)................ 111 ............... Statesboro Lawler, Terry..................... 20, Post 5 ......... Clarkdale Lawrence, Tom E.................. 49 ............... Stone Mountain Lawson, Bobby ................... 9, Post 2......... Gainesville Lee, William J. (Bill) .............. 72, Post 1......... Forest Park Linder, John...................... 44 ............... Dunwoody Logan, Hugh ..................... 67 ............... Athens Long, Bobby...................... 142 ............... Cairo Lord, Jimmy ..................... 107 ............... Sandersville Lucas, David E.................... 102 ...............Macon Lupton, John M. .................. 25 ............... Atlanta Maddox, J. C. .................... 7 ............... Calhoun Mangum, Bill..................... 57, Post 2 ......... Decatur Martin, Charles ................... 60 ............... Buford Martin, Jim ...................... 26 ............... Atlanta Matthews, Hugh D. ............... 145 ............... Moultrie McDonald, Lauren (Bubba) ........ 12 .............. .Commerce

Name

District

Address

McKelvey, Forrest L. .............. 15, Post 2 ......... Lindale McKinney, J. E. (Billy) ............ 35 ............... Atlanta McVeigh, N. Shaw ................ 155 ............... Brunswick Milford, Billy ..................... 13, Post 2 ......... Hartwell Millsaps, Rex A. .................. 61 ............... Lawrenceville Moody, Lundsford ................. 153, Post 1......... Baxley Moore, James C. .................. 139 ............... West Green Morton, Chesley V., Jr. ............ 47 ............... Tucker Mostiler, John L................... 75 ............... Griffin Mueller, Anne .................... 126 ............... Savannah Mullinax, Edwin G. (Ed)........... 81 ............... LaGrange Murphy, Thomas B. ............... 18 ............... Bremen Oliver, Clinton .................... 121 ............... Glennville Oliver, Donald F. ................. 1, Post 1......... Chickamauga Padgett, Mike .................... 86 ............... Augusta Parham, Bobby E.................. 105 ............... Milledgeville Patten, Robert L. ................. 149 ............... Lakeland Peters, Robert G. (Bob)............ 2 ............... Ringgold Pettit, Boyd III ................... 19 ............... Cartersville Phillips, Bobby.................... 125 ............... Savannah Phillips, L. L. (Pete)............... 120 ............... Soperton Phillips, Randolph (Randy) ......... 93 ............... Shiloh Pinkston, Frank C. ................ 100 ...............Macon Porter, DuBose ................... 119 ............... Dublin Rainey, Howard H................. 135 ............... Cordele Ramsey, Tom..................... 3 ............... Chatsworth Randall, Wm. C. (Billy) ........... 101 ............... Macon Ray, Robert ...................... 98 ............... Ft. Valley Reaves, Henry L. ................. 147 ............... Quitman Redding, Frank ................... 50 ............... Decatur Richardson, Eleanor L.............. 52 ............... Decatur Robinson, Cas M. ................. 58 ............... Stone Mountain Ross, Ben Barron ................. 82 ............... Lincolnton Royal, A. Richard................. 144 ............... Camilla Russell, John ..................... 64 ............... Winder Selman, Helen .................... 32 ............... Palmetto Shepard, Neal .................... 71 .............. .Newnan Sherrod, Alien .................... 143 ............... Coolidge Sinkfield, Georganna............... 37 ............... Atlanta Sizemore, Earleen ................. 136 ............... Sylvester Smith, Tommy.................... 152 ............... Alma

10

Name

District

Address

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

11

12

SENATE JOURNAL

Senate Chamber, Atlanta, Georgia Monday, January 9, 1984 First Legislative Day
The Senators of the General Assembly of Georgia for the years 1983-84 met pursuant to law in regular session in the Senate Chamber at 10:00 o'clock A.M. this day, and were called to order by Lieutenant Governor Zell Miller, President of the Senate.
The following resolution of the Senate was read and put upon its adoption:

SR 262. By Senators Kennedy of the 4th, Allgood of the 22nd and Dean of the 31st: A resolution adopting the Rules of the Senate.

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

Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th
CBBou/ybr?tbonnt Coeein Coleman Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Hafrison mu
HH..oi.nl.leoway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th
SS0ct. aortrt of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Not voting was Senator Bond. On the adoption of the resolution, the yeas were 55, nays 0. The resolution, having received the requisite majority, was adopted.

14

JOURNAL OF THE SENATE

The following copies of communications were read by the Secretary:
THE STATE SENATE Atlanta
March 21, 1983
Honorable Joe Frank Harris Governor State Capitol Atlanta, Georgia 30334
Dear Governor Harris:
It is with a great deal of sadness that I must submit to you my resignation from the Sixth District of the Georgia State Senate effective Friday, March 25, 1983.
May I say that it has been a pleasure and a privilege to serve with you in the General Assembly and to serve during your first year as Governor.
It has also been a great pleasure to serve with my colleagues in the Senate during these past five years; I shall miss their friendship, counsel and advice. This has been the most difficult decision that I have ever been called upon to make, but the circumstances dictate that I must.
I sincerely wish you the best of luck in the years to come as Governor, and wish to especially commend you for the leadership you have shown during this first year.
With kindest and best personal regards, I am
Sincerely yours,
/s/ Bill Littlefield

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 March 25, 1983
Honorable Bill Littlefield State Senator Post Office Box 833 Brunswick, Georgia 31520
Dear Bill:
This will acknowledge receipt of your recent letter in which you tender your resignation as a member of the Georgia Senate, District 6. As requested, I hereby accept your resignation effective immediately.

MONDAY, JANUARY 9, 1984

15

Let me take this opportunity to acknowledge you for the public service you have rendered to the State of Georgia, particularly the citizens of your legislative district. Your contributions to the state as a member of the Georgia Senate are greatly appreciated, and I extend to you my best wishes for the future.
Sincerely,
/s/ Joe Frank

EXECUTIVE DEPARTMENT THE STATE OF GEORGIA
Executive Order
By the Governor:
WHEREAS: A vacancy now exists in the Senate of the General Assembly of Georgia by reason of the resignation of Honorable Bill Littlefield, the member of the Senate from District No. 6; and
WHEREAS: Article V, Section II, Paragraph V of the Constitution of Georgia provides that the Governor shall issue writs of election to fill all vacancies that may happen in the Senate and House of Representatives; and
WHEREAS: Section 21-2-544 of the Georgia Election Code provides that a special election to fill vacancies for members of the General Assembly shall take place under the authority of a writ of election issued by the Governor to the Superintendent of Elections of each county involved; and
WHEREAS: Said Code Section further provides that said special election shall be held on a date named in the writ of election issued by the Governor, which date shall not be less than thirty nor more than sixty days after the issuance of said writ.
NOW THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY
ORDERED: That a Writ of Election to fill the vacancy in the Senate from Senate District No. 6 be and the same is hereby issued to the Judges of the Probate Courts of Appling, Bacon, Brantley, Camden, Charlton, Glynn, Pierce and Wayne Counties.
IT IS FURTHER
ORDERED: That said special election to fill the vacancy in the Senate from District No. 6 shall be held on the 3rd day of May, 1983, pursuant to the Constitution and Laws of the State of Georgia.
This 25th day of March, 1983.
/s/ Joe Frank Harris Governor

16

JOURNAL OF THE SENATE

Attest:

/s/ Tom Perdue Chief Administrative Officer

SECRETARY OF STATE Election Division 110 State Capitol Altanta, Georgia 30334

Honorable Hamilton McWhorter Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334

Dear Secretary McWhorter:

I do hereby certify that the consolidated returns on file in this office for the Special Election held on the 3rd day of May, 1983 in District 6 of the State Senate, Bacon County, Brantley County, Camden County, Charlton County, Pierce County, Wayne County and a portion of Appling and Glynn Counties, to fill the vacancy created by the resignation of Bill Littlefield, show the following results:

COUNTY

HUEY P. JOEL R. JACK RILEY CLAUDE "JOE'' WILLOU

DAVIS GREENE MILLS REDDISH

SEARS

SMITH

APPLING

107

208

44

105

BACON

382

35

23

11

BRANTLEY

142

116

15

40

CAMDEN

234

72

173

48

CHARLTON

127

43

77

40

OLYNN

99

139

420

142

PIERCE

861

47

27

15

WAYNE

223

1248

73

2306

32

123

18

122

759

78

156

470

51

140

210

2469

35

79

84

383

TOTAL

2175

1908

852

2707

1345

3864

Inasmuch as no candidate received a majority of the votes cast, a Special Runoff Election was held on May 17, 1983 and the consolidated returns on file in this office show the following results:

MONDAY, JANUARY 9, 1984

17

COUNTY______RILEY REDDISH

WILLOU SMITH____________

APPLING

458

348

BACON

440

254

BRANTLEY

548

329

CAMDEN

434

875

CHARLTON

281

245

GLYNN

578

2725

PIERCE

440

411

WAYNE___________3556_____________760_________________

TOTAL

6735

5947

Given under my hand and seal of office on this the 23rd day of May, 1983.

(SEAL)

/s/ Max Cleland Secretary of State

The Honorable Riley Reddish was administered the oath of office as State Senator from the 6th District by Judge Braswell Deen, Judge of the Georgia Court of Appeals, on the 23rd day of May, 1983, at 3:00 o'clock P.M. in the Senate Chamber of the State Capitol.
THE STATE SENATE Atlanta, Georgia 30334
May 23, 1983
Mr. Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Ga.
Dear Mr. Secretary:
Pursuant to the election of Senator Riley Reddish as the Senator from the 6th Senatorial District, I hereby appoint him to serve on the following Senate Standing Committees and Subcommittees:
Children and Youth Committee, Vice Chairman
Governmental Operations Committee, Secretary Governmental Organization Subcommittee
Insurance Committee, Secretary
Judiciary and Constitutional Law Committee
Sincerely, /s/ Zell Miller

18

JOURNAL OF THE SENATE

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

SR 263. By Senators Kennedy of the 4th, Allgood of the 22nd and Dean of the 31st:
A resolution to notify the House of Representatives that the Senate has convened.
Lieutenant Governor Miller, President of the Senate, introduced the doctor of the day, Dr. James Kaufmann, who announced that Pamela Acree would be serving as the nurse in the medical aid station during the 1984 session of the General Assembly.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 312. 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 for the commissioning of juvenile court judges by the Secretary of State. Referred to Committee on Children and Youth.
SB 313. By Senator Phillips of the 9th:
A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to change the ineligibility for service as a grand juror, trial juror or foreman or clerk of a grand jury. Referred to Committee on Judiciary.
SB 314. By Senator Lester of the 23rd:
A bill to amend Code Section 33-29-2, relating to the content and format of accident and sickness insurance policies, so as to provide an additional requirement for accident and sickness policies. Referred to Committee on Insurance.
SB 315. By Senator Kidd of the 25th:
A bill to amend Article I of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system of personnel administration, so as to provide that certain records and materials of the State Merit System of Personnel Administration shall be and remain confidential. Referred to Committee on Governmental Operations.
SB 316. By Senator Howard of the 42nd:
A bill to amend Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, and Code Section 32-3-8 of the Official Code of Georgia Annotated, relating to service of process in proceedings for acquisition of property for public transportation purposes, so as to provide that in all con-

MONDAY, JANUARY 9, 1984

19

demnation cases the court in which the proceeding is filed shall appoint a guardian ad litem for parties who require a guardian ad litem.
Referred to Committee on Judiciary.

SB 317. By Senator Bryant of the 3rd:
A bill to amend Code Section 44-6-190 of the Official Code of Georgia Annotated, relating to joint and other tenancies, so as to provide for the creation of tenancies by the entirety; to provide for survivorship.
Referred to Committee on Judiciary.

SB 318. By Senators Garner of the 30th, Walker of the 19th and Trulock of the 10th:
A bill to amend Code Section 33-34-10 of the Official Code of Georgia Annotated, relating to requirement of proof of insurance prior to licensing of motor vehicles and proceedings upon conviction of person for operating motor vehicle without insurance, so as to change the provisions relating to the period of suspension of a person's operator's license after such person is convicted of knowingly operating or knowingly authorizing another to operate a motor vehicle without effective insurance thereon or without an approved plan of self-insurance.
Referred to Committee on Insurance.

SB 319. By Senator Garner of the 30th:
A bill to amend Article I of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to provide for the transfer of property belonging to a patient which is in the possession of a hospital.
Referred to Committee on Human Resources.

SR 264. By Senators Kennedy of the 4th, Allgood of the 22nd and Dean of the 31st:
A resolution to amend SR 8, relative to officials, employees, and committees of the Senate, adopted at the regular 1983 session.
Referred to Committee on Rules.

SR 265. By Senator Perry of the 7th:
A resolution designating the developmental highway, known as "Corridor Z," as the "Peach State Parkway".
Referred to Committee on Transportation.

SR 266. By Senator Hudgins of the 15th: A resolution amending the Rules of the Senate.
Referred to Committee on Rules.

20

JOURNAL OF THE SENATE

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

HB 285. By Representatives Dean of the 29th, Adams of the 36th and Marcus of the 26th:
A bill to amend Chapter 41 of Title 36 of the Official Code of Georgia Annotated, relating to urban residential finance authorities for large municipalities, so as to provide for the compensation of members of the board of any such authority.
Referred to Committee on Federal, State and Community Affairs (General).

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 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

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

Those not answering were Senators Bond and Broun of 46th.

Lieutenant Governor Miller introduced the chaplain of the day, Reverend Wayne Smith, President of The Friendship Force, headquartered at the Omni International, Atlanta, Georgia, who offered scripture reading and prayer.

The following copies of communications from His Excellency, Governor Joe Frank Harris, to Honorable Zell Miller, President of the Senate, were received and read by the Secretary:

MONDAY, JANUARY 9, 1984

21

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 7, 1983
Honorable Zell Miller Lieutenant Governor of Georgia President of the Senate State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Miller:
I have vetoed Senate Bills 91, 147 and 225 which were passed by the General Assembly of Georgia at the 1983 Regular Session.
Article V, Section II, Paragraph VI of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed.
With kindest regards, I remain
Sincerely,
/s/ Joe Frank Harris
Enclosures cc: Honorable Thomas B. Murphy, Speaker, House of Representatives
Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of Senate Honorable Frank H. Edwards, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 7, 1983
Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bills 92, 332, 479, and 707 which were passed by the General Assembly of Georgia at the 1983 Regular Session.
Article V, Section II, Paragraph VI of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed.
With kindest regards, I remain
Sincerely, /s/ Joe Frank Harris

22

JOURNAL OF THE SENATE

Enclosures cc: Honorable Zell Miller, Lieutenant Governor of Georgia
Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of Senate Honorable Frank H. Edwards, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State
Veto No. 1 H.B. 479 by Representatives Lawson, Wood and Jackson of the 9th.
House Bill 479 is a charter for the City of Lula, Georgia. This is a local bill and due to technical defects in the legislation, the local delegation has requested that I veto the bill. For this reason, I am vetoing House Bill 479.
Veto No. 2 H.B. 707 by Representative Groover of the 99th.
House Bill 707 is an attempt to address a problem legislatively which simply cannot be addressed by action of the General Assembly, absent ratification by the people of this state. The Supreme Court of Georgia has ruled that the assertion of interests adverse to the state by state lawyer-legislators is violative of the fiduciary duty imposed by the people of this state. This fiduciary duty arises out of our state constitution which mandates that public officers are the trustees and servants of the people. No statutory enactment can modify the terms of this constitutional provision. This requires a constitutional amendment. For this reason, House Bill 707 is patently unconstitutional and I must veto it.
Veto No. 3 H.B. 332 by Representative Hasty of the 8th, Representative Darden of the 20th and Representative Snow of the 1st.
House Bill 332 amends the law establishing, by population bracketed categories, the minimum salary for clerks of the Superior Court in each county. It would raise the minimum salary for such clerks in counties which fell within one particular population bracket. Subsequent to the passage of H.B. 332, Senate Bill 182 passed which raised the minimum salary for clerks of the Superior Court in all population brackets. After speaking with the authors of H.B. 332, I have concluded that S.B. 182 is the preferable vehicle to address the problem which H.B. 332 was intended to address. For this reason, I am vetoing H.B. 332.
Veto No. 4 S.B. 225 by Senator Engram of the 34th.
Senate Bill 225 provides for the release of patients' records by health service providers at the request of the patient. This bill was passed in the House by floor substitute with a floor amendment. The author of this bill objected to the House floor amendment. The House receded from its position with respect to the entire bill, thus leaving the bill in the form it passed the Senate. As a result, critical provisions which were part of the House Committee amendment were left out of the bill. For this reason, the author has requested that I veto this bill.
Veto No. 5 S.B. 91 by Senator Littlefield of the 6th.
Senate Bill 91, in addition to containing certain procedural and techni-

MONDAY, JANUARY 9, 1984

23

cal defects, represents a concept which I cannot countenance and the public will not tolerate in this day in time.
Procedurally, this bill is constitutionally defective by virtue of being in violation of Article III, Section VII, Paragraph IV of the Georgia Constitution which provides that, "No law shall pass which refers to more than one subject matter, or contains matter different from what is expressed in the title thereof." Nowhere in the title to this bill is there language which states that a retiree may return to work full-time for compensation with the University System without having his or her retirement benefits reduced or affected. The title, as did the original bill, refers to public officers and employees being authorized to teach evening sports and recreation courses within the University System under certain conditions. From no phrase or word in the title could the General Assembly glean that, by passage of this bill, they would be authorizing "double dipping" by state retirees.
Technically, this bill is in conflict with House Bill 606 which I recently signed into law. House Bill 606 totally revamps the code with respect to conflict of interests laws. The author of Senate Bill 91 had the foresight to have his original bill incorporated into House Bill 606 at the proper place. If signed into law, Senate Bill 91 would amend the definitional section of our new conflict of interests law and would make absolutely no sense due to cross-reference to a subsection which no longer exists.
Conceptually, I have serious problems with the floor amendment that was attached to Senate Bill 91 in the wanning days of the session. The floor amendment authorizes any retiree of the state to return to work as a teacher or instructor with the University System, full-time for full compensation, without affecting such person's retirement benefits. The floor amendment is, pure and simple, a retirement bill. It was not introduced during the first ten days of the session. It was not reviewed by either the Senate or House Retirement Committees. It had no fiscal note attached. In short, it did not traverse the ordinary legislative process retirement bills are required to go through.
Retired former employees of the state can presently return to the service of the state. As a general rule, however, retirement benefits are either suspended during such service or compensation for such service is reduced so that the retirement benefits plus the compensation received do not exceed the earnable compensation the retiree was receiving at his or her retirement. This is fair.
I recently sponsored and signed into law a bill which amended the Teachers' Retirement System to authorize retired teachers to return to the schools as part-time teachers' aides or as substitute teachers. This bill was reviewed by the House and Senate Retirement Committees, had a fiscal note attached and passed both houses. This will allow our school systems to draw on the wisdom and experience of retired teachers for minimal compensation while allowing the retired teacher to continue receiving retirement benefits. This is fair.
To permit the type of broad scale "double dipping" that would be authorized by Senate Bill 91, in my opinion, is not fair. Furthermore the public will not stand for it. It is this type of sweetheart legislation that erodes

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public confidence in government and makes the jobs of dedicated public servants harder. For these reasons, I must veto Senate Bill 91.

Veto No. 6 H.B. 92 by Representative Colbert of the 23rd.

House Bill 92 is an attempt to expand the scope of the crime of interference with government property to include the use of government property for an indecent purpose. The bill also provides that government property includes state property, county property, municipal property, local school district property or the property of any other political subdivision of this
state. Inadvertently, property belonging to the various authorities of the state and local governments was not included. Much of the state's property
is deeded in the name of the Georgia Building Authority and other authorities of the state. Due to this error, I must veto House Bill 92.

Veto No. 7 S.B. 147 by Senator Walker of the 19th, Senator Cobb of the 28th, Senator English of the 21st and others.

Senate Bill 147 requires state and local governmental agencies to give purchase and contract preference to domestic steel products in public works projects of more than $50,000.00, if the purchase price of the domestic steel is not more than 10 percent above the purchase price of nondomestic steel
products. This bill would also allow the Governor to suspend the operation of the law if the preference proved to have a detrimental effect on the econ-
omy of this state.

I am not unmindful of the problems facing our ailing domestic steel industry and am not unsympathetic with their plight. This nation is cur-
rently facing some hard economic times. These hard economic times have probably exacerbated the problems of the domestic steel industry. Many
states have established the type of product preferences represented by S.B. 147. In the long run, I believe that these types of policies which create artifi-
cial markets will prove detrimental, not only to the economies of the states that have enacted them, but to the domestic steel industry itself.

As Governor, I have committed myself to creating jobs for Georgians.
This task involves attracting foreign industries and encouraging foreign trade and investment in Georgia. If S.B. 147 were signed into law, it would create a protectionist image for Georgia internationally and invite retaliatory policies by the nations we disfavor. This would seriously impede our efforts to bring new industry to this state and would mean fewer new jobs
for Georgians.

I think that wisdom dictates that I veto S.B. 147. Our national economy can ill afford to have the individual states, marching to the tunes of their own drummers, establishing international trade and importing policies.
We would be well advised to allow our national government to establish these policies, based on what is best for the nation as a whole.

MONDAY, JANUARY 9, 1984

25

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 8, 1983
Honorable Zell Miller Lieutenant Governor of Georgia President of the Senate State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Miller:
I have vetoed Senate Bills 110, 165, 212 and 277 which were passed by the General Assembly of Georgia at the 1983 Regular Session.
Article V, Section II, Paragraph VI of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed.
With kindest regards, I remain
Sincerely,
/s/ Joe Frank Harris
Enclosures cc: Honorable Thomas B. Murphy, Speaker, House of Representatives
Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of Senate Honorable Frank H. Edwards, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 8, 1983
Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bill 103 which was passed by the General Assembly of Georgia at the 1983 Regular Session.
Article V, Section II, Paragraph VI of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. This bill and the corresponding reason for its veto is enclosed.
With kindest regards, I remain
Sincerely, /s/Joe Frank Harris

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Enclosures cc: Honorable Zell Miller, Lieutenant Governor of Georgia
Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of Senate Honorable Frank H. Edwards, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State
Veto No. 8 S.B. 165 by Senator Kidd of the 25th.
Senate Bill 165 contains many provisions finetuning and updating our elections code with respect to voter registration and absentee voting. In addition to these provisions, Section 22 of the bill authorizes public utility corporations to establish and administer a political action committee in order to receive and solicit contributions to be used for the purpose of influencing the outcome of elections for public office. In this same section, there is a prohibition against a public utility corporation making any contribution to a political campaign. Thus, this bill would allow a public utility corporation to do indirectly, by political action committee, that which it cannot do directly. For the following reasons, I must veto Senate Bill 165.
Unlike private corporations, public utility corporations enjoy a protected status in Georgia. In return for the State granting public utility corporations monopolistic powers, the public utility corporations agree to be regulated by the State. It is the responsibility of the State to insure that the power granted to regulated public monopolies not be abused.
The relationship between the regulator and the regulated is a complex one. The legislative process is the arena in which this relationship is defined. By its very nature, the legislative process is a political one. By influencing the political process, the legislative process is necessarily influenced. I have a fundamental problem with allowing a public utility corporation to inject itself into the political process, directly or indirectly. I can think of no greater potential for abuse than to allow the regulated to hold sway over those who shape the regulatory environment. Even the appearance of impropriety should not be allowed to taint those upon whom quasi-public authority has been conferred.
I have no problem with any individual employee, officer or director employed by any public utility corporation making any type of contribution on his or her own behalf to any political campaign. This is their individual right to express their opinion on matters of concern.
Veto No. 9 S.B. 110 by Senator Brown of the 47th, Senator Kidd of the 25th and Senator Hill of the 29th.
Senate Bill 110 amends the Legislative Retirement System so as to increase the retirement benefits, upon retirement, of members of that System. Presently, benefits upon retirement are calculated by multiplying the number of years of creditable service by sixteen dollars. Senate Bill 110 would increase that multiplier to twenty dollars.
I do not oppose reasonable increases in the Legislative Retirement System, or any other retirement system, when funds are available and when all

MONDAY, JANUARY 9, 1984

27

systems are treated with relative sameness. I can think of no issue which has captured as much media and public attention during the first two months of my administration as the retirement benefits of public officials. I do not intend to foster or promote the growing public perception that public officials are using the State Retirement System to feather their own nests. This perception is not conducive to public confidence in their public officials and their government, and it simply cannot be perpetuated.
Under the present economic conditions, where increases are unable to be granted for other state retirement systems, I believe it would be improper to single out this system for an increase at this time. For this reason I must veto Senate Bill 110.
Veto No. 10 S.B. 277 by Senator Gillis of the 20th, Senator Kennedy of the 4th and Senator Walker of the 19th.
Senate Bill 277 requires state and local governmental agencies to give purchase and contract preference to Georgia manufactured lumber products in public works projects of more than $50,000.00. Unlike Senate Bill 147, such preference is not required if the purchase price of Georgia manufactured lumber products is higher than the purchase price of other domestic or foreign made lumber products. Like Senate Bill 147, however, Senate Bill 277 is in response to these difficult economic times in attempting to create an artificial market for Georgia manufactured lumber products.
Presently, Georgia law expresses a preference, as far as may be reasonable and practical, for the purchase of materials, supplies and equipment which have been manufactured or produced in this state. This preference has been in existence since 1933. To legislatively reiterate this preference and, in addition, impose substantial administrative burdens regarding the determination of product origin on our state and local governmental agencies, at this time is not appropriate. For this reason, I must veto Senate Bill 277.
Veto No. 11 S.B. 212 by Senator Garner of the 30th and Senator Barnes of the 33rd.
Senate Bill 212 repeals that Code Section in the law which defines naturopathy. This Code Section was left over from a 1950 Act of the General Assembly which created the Board of Naturopathic Examiners. The provisions of the 1950 Act creating the Board were repealed in 1956; however, the aforestated Code Section was left in the law in order to define naturopathy for those persons who had been licensed by the Board prior to 1956.
In 1981, the Attorney General ruled that this Code Section did not allow persons to practice naturopathic medicine in the State of Georgia unless they had been previously licensed by the original Board. This ruling is presently the subject of litigation.
It was obviously the intent of the 1983 General Assembly to abolish the last vestige of the 1950 Act. Although I do not endorse or condemn naturopathy, I feel that it is premature to abolish this Code Section which is now in litigation. I think it only fair, to leave the legal issues, now in litigation, exactly as they were when the appeal was perfected from the district court ruling. For this reason, I must veto Senate Bill 212.

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In taking this action, I am not in any way trying to take the side or justify the position that this Code Section allows unlicensed individuals to practice medicine or naturopathy in this state. I simply feel that in all fairness, we should allow the judicial process to run its course.
Veto No. 12 H.B. 103 by Representative Padgett of the 86th and Representative Groover of the 99th.
House Bill 103 amends the law relative to the reporting of child abuse so as to make it a misdemeanor for the news media to make public the name of any child who is reported to have been abused. Under present law, when it is discovered that a child under the age of 18 has been abused, it is the responsibility of the person who discovers such fact to report it to a child welfare agency, or in the absence of such agency, to an appropriate police authority or district attorney.
The United States Supreme Court has ruled that the state cannot restrict access to public records by the press. Reports made to child welfare agencies reporting child abuse are made confidential by law, thus such reports containing the names of children reported to be abused are not in the public domain and are properly excludable from public consumption. However, once the child abuse case has been turned over to the District Attorney for prosecution and the name of the child is contained in the indictment or other public record, the name of that child is in the public domain and the press cannot constitutionally be threatened with criminal sanctions for publishing it.
I am in complete agreement with the intent of the author of this bill. It is important that we protect the youthful victims of crime and abuse to the greatest extent legally possible and that we not further traumatize these child-victims. I am aware, however, that there are certain constitutional limitations imposed on the state when attempting to limit access to public records by the press.
Thus while the intent of this bill is admirable, the effect, I fear, is constitutionally impermissible. For this reason, I must veto House Bill 103.

HB 1 and HB 163 Appropriations Line Item Vetoes 1983.
House Bill 163, Page 228, Section 57 Language which would have prohibited the State making available to Georgia Indigent Legal Services the GIST Telephone Network.
House Bill 1, Page 225, Section 55 Language which would have prohibited the State making available to Georgia Indigent Legal Services the GIST Telephone Network.

MONDAY, JANUARY 9, 1984

29

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

Mr. President:

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

HR 435. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others:
A resolution to notify the Senate that the House of Representatives has convened.
HR 436. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others:
A resolution to notify the Governor that the General Assembly has convened.
The Speaker appointed as a Committee of Notification on the part of the House the following members:
Representatives Bostick of the 138th, Chance of the 129th, Crosby of the 150th, Groover of the 99th, Irvin of the llth, Parham of the 105th and Sherrod of the 143rd.
The following resolution of the House was read and put upon its adoption:

HR 436. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others:
A resolution to notify the Governor that the General Assembly has convened.
On the adoption of the resolution, the yeas were 50, nays 0.
The resolution, having received the requisite majority, was adopted.
The President appointed as a Committee of Notification on the part of the Senate the following:
Senators Kennedy of the 4th, Barnes of the 33rd, Coverdell of the 40th, Allgood of the 22nd, Reddish of the 6th, Huggins of the 53rd and Hill of the 29th.
Lieutenant Governor Zell Miller, President of the Senate, addressed the Senate as follows:
It has been my custom to make a few remarks on the occasion of the opening day of the General Assembly and, as I begin my tenth year as your presiding officer, I'd like to take a few minutes to do so again this year.

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The key issue for the 1984 General Assembly will be education.

The realization is sweeping this nation, and especially the Southeast, that our edu-
cational systems leave much to be desired. As a result, we are seeing state legislatures all around us addressing the question of educational improvement and most all are increasing taxes to get the needed revenue to do so. They understand that to use just revenue growth to do it is not only risky because of the ups and downs of our economy
but, importantly, it shortchanges all other needed state programs.

Mississippi enacted the largest tax increase in its history for education. In South Carolina, Governor Riley has spent months preparing a comprehensive educational im-
provement plan for consideration by the legislature this year, to be funded with a sales tax increase. Florida held a special session to increase taxes for education funding, as
did Arkansas. The Tennessee legislature goes into special session tomorrow to consider education reform and an increase in the sales tax. Even in Texas, who with Georgia and Alaska, are the only other states which have not raised taxes over the past ten
years, the Governor is proposing a sales tax increase to foot a major pay raise for teachers.

It is as obvious as the nose on my face that something significant is needed if Georgia is simply to keep up with our neighbors, let alone improve our position. This is the challenge that faces us.

We must also figure out what to do about property tax relief. Our property taxes in Georgia are the third highest in the Southeast. No southern state has a lower sales tax. The House, with HR 91, to be voted on by the people, have submitted their version. In my opinion, it would be political suicide for many in this body next summer for
the Senate to fail to act on this proposal in some form or fashion. To not even give the voters a chance to express their opinion on this question would be unthinkable.

I, for one, do not want to be held responsible for not even allowing the voters to vote on some version of lowering the property tax and raising the sales tax.

As we in the Senate rise to meet the challenge, I hope that our discussions will be dominated by a spirit of statesmanship . . . that partisan differences and regional dif-
ferences will be put aside . . . that each one of us will keep the interests of all Georgia uppermost in our minds . . . that we will be open-mined and flexible.

It is important that a spirit of compromise prevail between the House and the Senate and, yes, especially between the executive branch and the legislature.

If we are not to miss the opportunity, if we are not to be left behind in the dust, both houses of this legislature and the executive branch must be willing to listen to
each other and to work together. As the session begins, let us all work together. This is the year of opportunity.

MONDAY, JANUARY 9, 1984

31

The following resolutions of the Senate were read and adopted:

SR 269. By Senators Barnes of the 33rd, Harrison of the 37th, Brantley of the 56th and Thompson of the 32nd:
A resolution recognizing and expressing appreciation to Lamar Dodd.

SR 270. By Senators Barnes of the 33rd and Reddish of the 6th: A resolution recognizing the Honorable Iris Faircloth Blitch.

SR 271. By Senator Hine of the 52nd: A resolution commending Chris Freeman.

SR 272. By Senator Hine of the 52nd: A resolution commending Jay Edward Sloman.

SENATE CALENDAR
Monday, January 9, 1984
SB 92 District Attorneys--change salary provisions (SUBSTITUTE) (Ret--6th)
SB 213 Industry and Trade--create Governor's Export Council (SUBSTI TUTE) (ED &T--40th)
SB 229 Landlord, Tenant--prohibit charging tenant for Cable TV (AMENDMENT) (J&CL--16th)
SB 231 Department of Human Resources--payment for personal services on basis of 26 pay periods per year (AMENDMENT) (Gov Op--25th)
SB 247 Victim of Felony--parental consent to publish name of child under 17 (C&Y--30th)
SB 254 Parole--impose supervision fees (AMENDMENT) (Off R--4th)
SB 286 Nursing Homes--provide requirements (SUBSTITUTE) (Hum R--54th)
HB 46 Payment of Deceased Employee's Wages to Spouse--certain infor mation to employer (J&CL--45th)
HB 199 Superior Court Judges' Retirement--remove provisions on retirement after 70 (SUBSTITUTE) (Ret--33rd)
HB 206 Inmate Earned-Time--those serving for armed robbery not entitled (J&CL--26th)
HB 393 Child Support--provisions for garnishment based upon court order (SUBSTITUTE) (J&CL--6th)
HB 633 Board of Public Safety--change composition (Pub Saf--33rd)

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

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

Senator Allgood of the 22nd moved that SB 92 be committed to the Committee on Retirement.

On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 92 was committed to the Committee on Retirement.

SB 213. By Senators Coverdell of the 40th and Scott of the 36th:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Industry and Trade, so as to create the Governor's Export Council; to provide for the composition of the council and its duties.

Senator Allgood of the 22nd moved that SB 213 be committed to the Committee on Economic Development and Tourism.

On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 213 was committed to the Committee on Economic Development and Tourism.

SB 229. By Senator Land of the 16th:
A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions applicable to landlords and tenants, so as to provide for intent.

Senator Allgood moved that SB 229 be postponed until January 10. On the mo tion, the yeas were 37, nays 0; the motion prevailed, and SB 229 was postponed until January 10.

SB 231. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of public officers and employees, so as to require the Department of Human Resources to calculate and to make payment for personal services on the basis of 26 pay periods per year.

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33

Senator Allgood of the 22nd moved that SB 231 be committed to the Committee on Governmental Operations.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 231 was committed to the Committee on Governmental Operations.

SB 247. By Senators Garner of the 30th, Engram of the 34th, Thompson of the 32nd and others:
A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to make it unlaw ful knowingly to publish or broadcast the name or identity of a person under the age of 17 years who has been or may have been the victim of a crime which constitutes a felony without the written consent of a parent or the legal guardian of such person.

Senator Allgood of the 22nd moved that SB 247 be postponed until January 10.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 247 was postponed until January 10.

SB 254. By Senators Kennedy of the 4th, Gillis of the 20th, Garner of the 30th and others:
A bill to amend Code Section 42-9-42 of the Official Code of Georgia Anno tated, relating to procedure for granting of clemency, pardon, or parole, so as to impose parole supervision fees on persons who are paroled; to provide for other matters related thereto.

Senator Allgood of the 22nd moved that SB 254 be committed to the Committee on Offender Rehabilitation.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 254 was committed to the Committee on Offender Rehabilitation.

SB 286. By Senator Fincher of the 54th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institu tions, so as to provide requirements for nursing homes.

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The Senate Committee on Human Resources offered the following substitute to SB 286:

A BILL
To be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and con struction 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; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 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, is amended by adding following subsection (b) of Code Section 31-7-3, relating to permits issued by the Department of Human Resources, a new subsection (c) to read as follows:
"(c) The department shall require a facility licensed under this ar ticle and rules and regulations adopted pursuant thereto to have a written and regularly rehearsed disaster preparedness plan, approved by the de partment, for staff and residents to follow in case of fire, explosion, or other emergency, including interruption of electrical power supply, gasheating supply, and water supply. The plan shall include written proce dures for personnel to follow in an emergency including care of the resi dent; notification of attending physician and other persons responsible for the resident; and arrangements for transportation, for hospitalization, for alternate living arrangements, for emergency energy sources, or for other appropriate services."
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 38, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Barnes
Brannon Brantley
Broun of 46th Brown of 47th Bryant

Burton Cobb Coggin
Coleman Dawkins
Deal Dean English

Engram Fincher Foster
Garner Gillis
Greene Harris Harrison

Hill Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land

MONDAY, JANUARY 9, 1984

35

Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th

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

Those not voting were Senators:

Bond Bowen

Coverdell Horton

Timmons

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 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.
Senate Sponsor: Senator Dawkins of the 45th.

Senator Allgood of the 22nd moved that HB 46 be committed to the Committee on Judiciary and Constitutional Law.

On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 46 was committed to the Committee on Judiciary and Constitutional Law.

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.
Senate Sponsor: Senator Barnes of the 33rd.

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Senator Allgood of the 22nd moved that HB 199 be committed to the Committee on Retirement.

On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 199 was committed to the Committee on Retirement.

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.
Senate Sponsor: Senator Greene of the 26th.

Senator Allgood of the 22nd moved that HB 206 be committed to the Committee on Judiciary and Constitutional Law.

On the motion, the yeas were 38, nays 0; the motion prevailed, and HB 206 was committed to the Committee on Judiciary and Constitutional Law.

HB 393. By Representatives Snow of the 1st, Darden of the 20th, Evans of the 84th and Bray of the 91st:
A bill to amend Code Section 19-11-19 of the Official Code of Georgia An notated, relating to garnishment and orders to withhold and deliver in child support cases, so as to provide definitions; to provide that garnishment based upon a court order for child support of a civil nature shall not be subject to requirements of departmental hearings.
Senate Sponsor: Senator Littlefield of the 6th.

Senator Allgood of the 22nd moved that HB 393 be committed to the Committee on Judiciary and Constitutional Law.

On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 393 was committed to the Committee on Judiciary and Constitutional Law.

HB 633. By Representatives Coleman of the 118th, Walker of the 115th and Murphy of the 18th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Anno tated, relating to the Department of Public Safety, so as to change the com position of the Board of Public Safety.
Senate Sponsor: Senator Barnes of the 33rd.

MONDAY, JANUARY 9, 1984

37

Senator Allgood of the 22nd moved that HB 633 be committed to the Committee on Public Safety.

On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 633 was committed to the Committee on Public Safety.

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

HR 439. By Representatives Murphy of the 18th and Walker of the 115th:
A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Repre sentatives and the Senate to hear a message from the Governor.

HR 440. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others:
A resolution relative to adjournment.

The House has adopted by the requisite constitutional majority the following reso lution of the Senate:

SR 263. By Senators Kennedy of the 4th, Allgood of the 22nd and Dean of the 31st: A resolution notifying the House that the Senate has convened.

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JOURNAL OF THE SENATE

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

HR 438. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others: A resolution calling a Joint Session of the House of Representatives and Senate on January 11, 1984 at 10:45 o'clock A.M. for the purpose of hear ing a message from the Governor at 11:00 o'clock A.M.
On the adoption of the resolution, the yeas were 39, nays 0.
The resolution, having received the requisite majority, was adopted.
The President appointed as a Committee of Escort on the part of the Senate the following:
Senators Kennedy of the 4th, Gillis of the 20th, Barnes of the 33rd, Dean of the 31st, Trulock of the 10th and Allgood of the 22nd.

HR 439. By Representatives Murphy of the 18th and Walker of the 115th: A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a Joint Session of the House of Repre sentatives and the Senate on January 11, 1984 at 10:45 o'clock A.M. to hear a message from the Governor at 11:00 o'clock A.M.
On the adoption of the resolution, the yeas were 39, nays 0.
The resolution, having received the requisite majority, was adopted.

HR 440. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, January 20, 1984, and to reconvene at 10:00 o'clock A.M. on Monday, January 30, 1984.
On the adoption of the resolution, the yeas were 39, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 11:40 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

TUESDAY, JANUARY 10, 1984

39

Senate Chamber, Atlanta, Georgia Tuesday, January 10, 1984 Second Legislative Day

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

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

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

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

SB 320. By Senator Kidd of the 25th:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Medical Assistance Act of 1977," so as to require the Board of Medical Assistance to increase the monthly allowance of residents of nursing homes.
Referred to Committee on Appropriations.

SB 321. By Senators Kidd of the 25th, Brannon of the 51st, Barker of the 18th and Garner of the 30th:
A bill to amend Code Section 21-2-132 of the Official Code of Georgia An notated, relating to the filing of notice of candidacy, so as to provide for a beginning date for qualifying in special elections; to provide an effective date.
Referred to Committee on Governmental Operations.

SB 322. By Senators Kidd of the 25th, Brannon of the 51st, Barker of the 18th and Garner of the 30th:
A bill to amend Code Section 21-3-405 of the Official Code of Georgia An notated, relating to a losing candidate's right to recount, so as to change the percentage difference required for a recount; to provide an effective date.
Referred to Committee on Governmental Operations.

SB 323. By Senators Kidd of the 25th, Brannon of the 51st, Barker of the 18th and Garner of the 30th:
A bill to amend Code Section 21-2-218 of the Official Code of Georgia An notated, relating to the board of registrars and registration of voters, so as to

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JOURNAL OF THE SENATE

provide a change in the method and length of advertisement of additional voter registration places.
Referred to Committee on Governmental Operations.

SB 324. By Senators Kidd of the 25th, Brannon of the 51st, Barker of the 18th and Garner of the 30th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to restrict the number of offices for which an individual may be nominated or be a candidate in any one election.
Referred to Committee on Governmental Operations.

SB 325. By Senators Kidd of the 25th, Brannon of the 51st, Barker of the 18th and Garner of the 30th:
A bill to amend Code Section 21-3-34 of the Official Code of Georgia Anno tated, relating to qualifications of poll officers, so as to provide that in cer tain instances poll officers assigned to conduct county, state, or federal elec tions may also be authorized to serve as poll officers in municipal elections.
Referred to Committee on Governmental Operations.

SB 326. By Senators Kidd of the 25th, Brannon of the 51st, Barker of the 18th and Garner of the 30th:
A bill to amend Code Section 21-2-5 of the Official Code of Georgia Anno tated, relating to qualifications of candidates for federal and state office, so as to provide that the Secretary of State may designate a hearing officer for hearings regarding the qualifications of any candidate.
Referred to Committee on Governmental Operations.

SB 327. By Senators Kidd of the 25th, Brannon of the 51st, Barker of the 18th and Garner of the 30th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the use of pen only in marking paper ballots in primaries and elections.
Referred to Committee on Governmental Operations.

SB 328. By Senators Kidd of the 25th, Brannon of the 51st, Barker of the 18th and Garner of the 30th:
A bill to amend Article 14 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to special elections and primaries, so as to pro vide that the Secretary of State shall issue the call for the special elections for United States congressional representatives and for members of the Gen eral Assembly.
Referred to Committee on Governmental Operations.

TUESDAY, JANUARY 10, 1984

41

SB 329. By Senator Barnes of the 33rd:
A bill to amend Code Section 9-2-61 of the Official Code of Georgia Anno tated, relating to renewal of civil cases after dismissal, so as to provide that a renewed case filed within six months shall stand on the same footing, as to limitation, with the original case both where the original case was filed in a court of this state and where the original case was filed in a federal court.
Referred to Committee on Judiciary and Constitutional Law.

SB 330. By Senator Barnes of the 33rd:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Anno tated, relating to probate courts, so as to provide that appeals from certain courts shall be taken directly to the Court of Appeals or Supreme Court rather than to superior court; to provide for jury trials in such courts; to provide for all related matters.
Referred to Committee on Judiciary and Constitutional Law.

SB 331. By Senators Barnes of the 33rd, Trulock of the 10th and Dean of the 31st:
A bill to amend Code Section 50-8-4 of the Official Code of Georgia Anno tated, relating to the Board of Community Affairs, generally, so as to pro vide for the composition of the Board of Community Affairs; to provide for the membership of the board; to provide for the terms of the members of the board.
Referred to Committee on Federal, State and Community Affairs (General).

SB 332. By Senators Barnes of the 33rd, Trulock of the 10th and Dean of the 31st:
A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Anno tated, relating to vacation of office, so as to provide that certain public offi cials shall be suspended from office upon being indicted for a felony.
Referred to Committee on Judiciary and Constitutional Law.

SB 333. By Senators Barnes of the 33rd, Trulock of the 10th and Dean of the 31st:
A bill to amend Article 8 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Commission on State Growth Policy, so as to provide for legislative findings and declarations; to provide for powers and duties of the commission.
Referred to Committee on Federal, State and Community Affairs (General).

SB 334. By Senator Hine of the 52nd:
A bill to amend Chapter 5 of Title 20 of the Official Code of Georgia Anno tated, relating to libraries, so as to create for each county and municipal corporation in this state a public library facilities authority which may be activated by resolution of the local governing body.
Referred to Committee on Federal, State and Community Affairs (General).

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JOURNAL OF THE SENATE

SB 335. By Senator Hine of the 52nd:
A bill to amend Chapter 7 of Title 17 of the Official Code of Georgia Anno tated, relating to pretrail proceedings in criminal cases, so as to specify time periods within which cases must be brought to trial; to provide for tolling and suspension of such time periods.
Referred to Committee on Judiciary.

SB 336. By Senator Hine of the 52nd:
A bill to amend Article 9 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in criminal cases, so as to remove existing provisions relating to discovery of scientific reports.
Referred to Committee on Judiciary.

SB 337. By Senator Hine of the 52nd:
A bill to amend Part 3 of Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demurrers, motions, and special pleas in criminal cases, so as to provide that, as an alternative to granting a change of venue, a judge may remove the proceedings to another county for the purpose of empaneling and selecting a jury.
Referred to Committee on Judiciary.

SB 338. By Senators Foster of the 50th, Garner of the 30th, Deal of the 49th and Kennedy of the 4th:
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 employed by penal institutions, so as to provide that certain personnel shall be designated as correctional officers.
Referred to Committee on Offender Rehabilitation.

SB 339. By Senator Coverdell of the 40th:
A bill to amend Code Section 51-1-18 of the Official Code of Georgia Anno tated, relating to furnishing alcoholic beverages or gambling with underage or minor children, so as to provide that a parent shall have a right of action against a person who sells or furnishes alcoholic beverages to the parent's underage child for the child's use without the parent's permission.
Referred to Committee on Judiciary and Constitutional Law.

SB 340. By Senator Cobb of the 28th:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia An notated, relating to limitations on the right to inspect public records, so as to exclude arrest histories, criminal intelligence information, and criminal in vestigative information of law enforcement agencies from inspection by the public.
Referred to Committee on Judiciary.

TUESDAY, JANUARY 10, 1984

43

SB 341. By Senator Cobb of the 28th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to change the method of ap peal from decisions of the State Board of Workers' Compensation.
Referred to Committee on Industry and Labor.

SB 342. By Senator Cobb of the 28th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to change the provisions relating to the time at which courts send licenses and reports of certain convictions to the Department of Public Safety.
Referred to Committee on Public Safety.

SB 343. By Senator Cobb of the 28th:
A bill to amend Code Section 40-3-2 of the Official Code of Georgia Anno tated, relating to definitions in the "Motor Vehicle Certificate of Title Act," so as to change the definition of the term "major component part".
Referred to Committee on Public Safety.

SB 344. By Senators Hudgins of the 15th, Cobb of the 28th, Hill of the 29th and others:
A bill to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to gasoline marketing practices, so as to change certain provisions relating to the selling of controlled product to another dis tributor for retail sale.
Referred to Committee on Industry and Labor.

SB 346. By Senators Barker of the 18th and Kidd of the 25th:
A bill to amend Code Section 31-7-72 of the Official Code of Georgia Anno tated, relating to the creation of hospital authorities, so as to change the maximum number of members of a hospital authority.
Referred to Committee on Governmental Operations.

SB 347. By Senators Harrison of the 37th and 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 provide for progress payments to be made on some periodic basis based on the value of work completed plus the value of material and equipment suitably stored at the site or at an off-site storage facility approved by the owner's authorized contract representative.
Referred to Committee on Industry and Labor.

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SB 348. By Senator Brannon of the 51st:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change certain provisions relating to fees and compensation of coroners.
Referred to Committee on Governmental Operations.

SB 349. By Senator Brannon of the 51st:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the names of write-in candidates for whom the notice of intention of candidacy has not been provided in compliance with other provisions of law shall not be counted, tabulated, or certified; to provide an effective date.
Referred to Committee on Governmental Operations.

SB 350. By Senators Brannon of the 51st and Perry of the 7th:
A bill to amend Code Section 33-34-10 of the Official Code of Georgia An notated, relating to requirements of proof of motor vehicle accident insur ance, so as to provide that the charges against a person for failure to keep proof of insurance in the vehicle shall be dismissed if the person produces prior to or in court proof of insurance theretofore issued to him and valid at the time of his arrest or the issuance of the citation.
Referred to Committee on Insurance.

SB 351. By Senator Timmons of the llth:
A bill to amend Code Section 15-6-88 of the Official Code of Georgia Anno tated, relating to the minimum annual salary of clerks of the superior courts, so as to provide that in the event the population of a county accord ing to the United States decennial census of 1980 or any future such census is less than its population according to the United States decennial census of 1970, the population bracket under which any such county falls shall be determined according to the United States decennial census of 1970.
Referred to Committee on Governmental Operations.

SB 352. By Senators Holloway of the 12th, McKenzie of the 14th, Bowen of the 13th and Peevy of the 48th:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to size, weight, and width of vehicles and loads, so as to change the provisions relating to the width of vehicles allowed on roads, streets, and highways.
Referred to Committee on Transportation.

SB 353. By Senator Scott of the 43rd:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipali ties, and other governmental entities, so as to specify the terms and condi-

TUESDAY, JANUARY 10, 1984

45

tions under which counties and municipalities may enter into certain multiyear lease, purchase, and lease purchase contracts.
Referred to Committee on Federal, State and Community Affairs (General).

SB 354. By Senators Turner of the 8th, Coverdell of the 40th, Trulock of the 10th and others:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relative to the definition of involuntary separation from employment with prejudice.
Referred to Committee on Retirement.

SB 355. By Senators Turner of the 8th, Coverdell of the 40th, Trulock of the 10th and others:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, providing for the Employees' Retirement System of Georgia, so as to provide procedures for the continued employment of certain employees pro posed for involuntary separation from employment.
Referred to Committee on Retirement.

SR 267. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A resolution proposing an amendment to the Constitution so as to provide that a judge may be suspended from office upon being indicted for a felony and may be removed from office upon being convicted of a felony in this state, in any other state, or in the United States and to provide for proce dures and other matters relative thereto; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Judiciary and Constitutional Law.

SR 268. By Senators Barnes of the 33rd, Trulock of the 10th and Dean of the 31st:
A resolution proposing an amendment to the Constitution so as to provide that certain public officials may be suspended from office upon being in dicted for a felony and may be removed from office upon being convicted of a felony in this state, in any other state, or in the United States and to provide for procedures and other matters related thereto; to provide for sub mission of this amendment for ratification or rejection.
Referred to Committee on Judiciary and Constitutional Law.

SR 273. By Senator Cobb of the 28th:
A resolution creating the Reexamination for Renewal of Drivers' Licenses Study Committee.
Referred to Committee on Public Safety.

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JOURNAL OF THE SENATE

SR 274. By Senators Turner of the 8th, Coverdell of the 40th, Trulock of the 10th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly by law to change previously existing retirement or pension laws of this state to revise the provisions of said laws relating to retirement or pension benefits based on involuntary separation from employ ment as applied to present members of public retirement or pension systems.
Referred to Committee on Retirement.

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

Mr. President:

The Committee on Rules has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the fol lowing recommendations:
SR 264. Do pass. SR 266. Do not pass.
Respectfully submitted,
Senator Dean of the 31st District, Chairman

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 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.

The report 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 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.

TUESDAY, JANUARY 10, 1984

47

The report 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 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.

The report 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 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.

The report 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 862. By Representative Coleman of the 118th:
A bill to provide for an appointed school superintendent of the board of education of Dodge County; to provide for vacancies; to provide for a referendum.

Senator Walker of the 19th offered the following substitute to HB 862:

A BILL To be entitled an Act to provide for an appointed school superintendent

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JOURNAL OF THE SENATE

of the board of education of Dodge County; to provide for vacancies; to provide for a referendum; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. (a) The school superintendent of the board of education of Dodge County whose term of office expires on December 31, 1984, shall continue to serve for the term of office to which elected, and until the ap pointment and qualification of a successor under this section. No successor
to said officer shall be elected at the 1984 general election.

(b) No sooner than October 1 and no later than December 31 of 1984, and quadrennially thereafter, the board of education of Dodge County shall appoint, by majority vote, the school superintendent of the board of
education of Dodge County who shall take office on January 1 immediately following that appointment, for a term of four years and until the appoint ment and qualification of a successor.

(c) Any vacancy occurring in the office of school superintendent on or after the effective date of this section shall be filled within 90 days thereof by the board of education of Dodge County appointing, by majority vote, a
person to fill the unexpired term and until a successor is appointed and qual ified under this section.

(d) All constitutional and statutory provisions relative to county school superintendents shall be applicable to a county school superintendent appointed by the board of education of Dodge County pursuant to this section.

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 Dodge County to issue the call for an election for the purpose of submitting this Act to the electors of the Dodge County School System for approval or rejection. The superintendent shall set the date of the elec tion to coincide with the state's 1984 presidential preference primary and shall issue the call for the election not more than 45 days and not less than 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks im mediately preceding the date thereof in the official organ of Dodge County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act providing for an appointed school superin tendent of the Board of Education of Dodge 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
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 Dodge 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.

TUESDAY, JANUARY 10, 1984

49

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, was agreed to by substitute.

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

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

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

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

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

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

Those not answering were Senators:

Bryant

Deal

Howard

Senator Walker of the 19th introduced the chaplain of the day, Reverend Dahl McDermitt, Superintendent of Coffee County Board of Education, Douglas, Georgia, who offered scripture reading and prayer.

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JOURNAL OF THE SENATE

The following resolutions of the Senate were read and adopted:

SR 275. By Senator Timmons of the llth: A resolution commending the Mitchell-Baker High School Football Team.

SR 276. By Senators Barnes of the 33rd and Brantley of the 56th:
A resolution encouraging the contribution of funds for the Georgia Museum of Art for the State of Georgia, for the purpose of constructing a new building.

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

SR 264. By Senators Kennedy of the 4th, Allgood of the 22nd and Dean of the 31st:
A resolution to amend SR 3, relative to officials, employees, and committees of the Senate, adopted at the regular 1983 session.

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
BrTnt Burton Cobb Coggin Coverdell Dawkins Deal Dean English Engram

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

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

TUESDAY, JANUARY 10, 1984

51

Not voting was Senator Coleman.
On the adoption of the resolution, the yeas were 55, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SENATE CALENDAR Tuesday, January 10, 1984 SECOND LEGISLATIVE DAY SB 229 Landlord, Tenant--prohibit charging tenant for Cable TV (AMENDMENT) (J&CL--16th) SB 247 Victim of Felony--parental consent to publish name of child under 17 (C&Y--30th)
The following general bill of the Senate, having been read the third time on Janu ary 9, 1984, and postponed until January 10, was put upon its passage:
SB 229. By Senator Land of the 16th: A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions applicable to landlords and tenants, so as to provide for intent.
The Senate Committee on Judiciary and Constitutional Law offered the following amendment:
Amend SB 229 by striking line 5 of Page 1 and inserting in lieu thereof the following:
"tenants of an apartment or other multifamily". By striking line 11 of Page 1 and inserting in lieu thereof the following:
"tenants of an apartment or other multifamily". By striking lines 25 and 26 of Page 1 and inserting in lieu thereof the following:
"section to ensure that tenants of apartment complexes or other multifamily dwelling units".
By striking line 6 of Page 2 and inserting in lieu thereof the following: "deny a tenant of any apartment or other".

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By striking line 20 of Page 2 and inserting in lieu thereof the following: "of any apartment or other multifamily".

On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted.

Senator Land of the 16th offered the following amendment:

Amend SB 229 by striking on line 27 of Page 1 the word
"cable"
and by striking lines 22 through 25 on Page 2. Also, add a period at the end of line 21 on Page 2.

On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those voting in the negative were Senators:

Bryant Dawkins

Peevy

Walker

TUESDAY, JANUARY 10, 1984

53

Not voting was Senator Coleman.

On the passage of the bill, the yeas were 51, nays 4.

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

The following general bill of the Senate, having been read the third time on Janu ary 9, 1984, and postponed until January 10, was put upon its passage:

SB 247. By Senators Garner of the 30th, Engram of the 34th, Thompson of the 32nd and others:
A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to make it unlaw ful knowingly to publish or broadcast the name or identity of a person under the age of 17 years who has been or may have been the victim of a crime which constitutes a felony without the written consent of a parent or the legal guardian of such person.

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

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
Srvant Cob?" Coggin Coleman Coverdell Dawkins Deal Dean English Engram

Fincher Garner Gillis Greene Harris Harrison
Holloway Horton Hudgins " U 8g in, s Kennedy Kidd Land Lester McGill McKenzie

Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th
Scott of 43rd Starr Stumbaugh Iate Thompson Timmons Trulock Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Allgood Barnes

Bond Foster

Hine Howard

Not voting was Senator Hill.

On the passage of the bill, the yeas were 49, nays 6.

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

Senator Phillips of the 9th introduced the doctor of the day, Dr. Larry Anderson, of Snellville, Georgia.

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

At 11:03 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

WEDNESDAY, JANUARY 11, 1984

55

Senate Chamber, Atlanta, Georgia Wednesday, January 11, 1984 Third Legislative Day

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

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

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

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

SB 345. By Senator Cobb of the 28th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to prohibit any person from operating an emergency vehicle unless such person has a valid special driver's license is sued by the Department of Public Safety.
Referred to Committee on Public Safety.

SB 356. By Senator Kidd of the 25th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the certification and regu lation of police dogs and peace officers who handle police dogs.
Referred to Committee on Public Safety.

SB 357. By Senator Kidd of the 25th:
A bill to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to provide for a coordinated effort to assist the citi zens of this state in obtaining gainful employment pursuant to the federal Job Training Partnership Act of 1982.
Referred to Committee on Governmental Operations.

SB 358. By Senator Kidd of the 25th:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to change the minimum annual salary of the sheriff.
Referred to Committee on Governmental Operations.

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SB 359. By Senator Kidd of the 25th:
A bill to amend Chapter 36 of Title 43 of the Official Code of Georgia Annotated, relating to polygraph examiners, so as to change the definition of certain terms.
Referred to Committee on Governmental Operations.

SB 360. By Senator Scott of the 43rd:
A bill to amend Code Section 34-9-222 of the Official Code of Georgia An notated, relating to the award of lump sum payments of all or part of com pensation, so as to provide that the State Board of Workers' Compensation may, at its discretion, either schedule a hearing or solicit the affidavits of the parties in interest in order to determine the question of whether to award a lump sum payment of future benefits or an advance payment of a portion of future benefits.
Referred to Committee on Industry and Labor.

SB 361. By Senator Scott of the 43rd:
A bill to amend Code Section 34-9-100 of the Official Code of Georgia An notated, relating to filing a claim for compensation with the State Board of Workers' Compensation, so as to provide for the automatic dismissal of ap plications for hearings if no hearing is scheduled for a period of five years.
Referred to Committee on Industry and Labor.

SB 362. By Senator Tysinger of the 41st:
A bill to amend Code Section 35-3-8.1 of the Official Code of Georgia An notated, relating to the power of the Georgia Bureau of Investigation to cooperate with and assist other law enforcement agencies, so as to authorize the director, at the director's discretion, to order the bureau to investigate, within any county or municipality of this state, violations of the criminal laws of this state, and other states, or the United States.
Referred to Committee on Public Safety.

SB 363. By Senator Tysinger of the 41st:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to delete certain provisions relating to the transacting of business.
Referred to Committee on Industry and Labor.

SB 364. By Senator Tysinger of the 41st:
A bill to amend Chapter 11 of Title 20 of the Official Code of Georgia Annotated, relating to the Engineering Experiment Station at the Georgia Institute of Technology, so as to authorize changing the name of the Engi neering Experiment Station to "Georgia Tech Research Institute".
Referred to Committee on Higher Education.

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57

SB 365. By Senators Burton of the 5th and Howard of the 42nd:
A bill to amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food service establishments, so as to define the term "food service establishment employee".
Referred to Committee on Human Resources.

SB 366. By Senators Turner of the 8th, Tysinger of the 41st and McGill of the 24th:
A bill to amend Code Section 48-13-5 of the Official Code of Georgia Anno tated, relating to the limitation on county and municipal license, occupa tional, or professional tax on certain occupations and professions, so as to provide that such limitation shall apply to the practice of veterinary medicine.
Referred to Committee on Federal, State and Community Affairs (General).

SB 367. By Senators McGill of the 24th, Walker of the 19th, Kennedy of the 4th and English of the 21st:
A bill to amend Part 3 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to regulation of sale of antifreeze, so as to provide that licenses authorizing the sale of antifreeze shall be issued on a calendar year basis rather than a fiscal year basis.
Referred to Committee on Consumer Affairs.

SB 368. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to relationships between principals and agents, so as to provide that, when a person who has become incompetent has given a written power of attorney which is not terminated by the incompetency of the principal, any person who would be an heir of the principal or any credi tor of the principal may petition the probate court to require that the attor ney in fact give bond.
Referred to Committee on Judiciary and Constitutional Law.

SB 369. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Uniform Reciprocal Enforcement of Support Act," so as to provide that a court of this state, acting as a responding state, shall transfer the documents, received by it if it discovers that the respondent or his property may be found in another county of this state or in another state.
Referred to Committee on Judiciary.

SB 370. By Senators Deal of the 49th, Peevy of the 48th, Greene of the 26th and others:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to venue in civil practice, so as to pro vide that venue may be proper in a county other than the county of resi-

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dence of a person or entity impleaded into a pending civil case by a defend ing party who contends that such person or entity is or may be liable to said defending party for all or part of the claim against said defending party.
Referred to Committee on Judiciary.

SB 371. By Senator Deal of the 49th:
A bill to amend Code Section 15-7-24 of the Official Code of Georgia Anno tated, relating to solicitors of state courts, so as to change the legal experi ence qualification for the office of solicitor.
Referred to Committee on Judiciary.

SB 372. By Senators Scott of the 43rd, Bond of the 39th, Tate of the 38th and others:
A bill to amend Code Section 1-4-1 of the Official Code of Georgia Anno tated, relating to legal holidays, so as to provide that the birthday of Martin Luther King, Jr. shall be a legal holiday.
Referred to Committee on Federal, State and Community Affairs (General).

SB 373. By Senator Lester of the 23rd:
A bill to amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to damage and intrusion upon prop erty, so as to provide that it shall be unlawful for any wholesale distributor or retailer to sell or offer for sale any carbonated soft drink or malt beverage in a metal container which includes a part which must be detached to open the container.
Referred to Committee on Consumer Affairs.

SB 374. By Senator Hudgins of the 15th:
A bill to amend Chapter 5 of Title 30 of the Official Code of Georgia Anno tated, relating to the protection of disabled adults, so as to change the provi sions relative to reporting of need for protective services.
Referred to Committee on Human Resources.

SR 277. By Senator Broun of the 46th:
A resolution designating the Botanical Garden at the University of Georgia as the State Botanical Garden of Georgia. Referred to Committee on Higher Education.

SR 278. By Senator Scott of the 43rd:
A resolution creating a Joint Urban County and Municipal Study Committee.
Referred to Committee on Federal, State and Community Affairs (General).

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59

SR 279. By Senator Scott of the 43rd:
A resolution proposing an amendment to Article III, Section IX, Paragraph VI of the Constitution, so as to provide for assessments against insurance carriers which write workers' compensation insurance policies and employers which are self-insured for the purposes of workers' compensation and for the appropriation of the funds derived from such assessments to the State Board of Workers' Compensation; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Industry and Labor.

SR 280. By Senator Cobb of the 28th:
A resolution creating the Joint Study Committee on the Regulation of Em ployment Agencies.
Referred to Committee on Governmental Operations.

SR 281. By Senators Coverdell of the 40th, Howard of the 42nd, Brantley of the 56th and others:
A resolution relative to Commissioner of Labor Sam Caldwell.
Referred to Committee on Governmental Operations.

SR 282. By Senators Broun of the 46th, Barnes of the 33rd and Allgood of the 22nd:
A resolution requesting and urging the Supreme Court of Georgia to con sider the establishment for the superior courts of this state of a system for the reporting of judges' caseloads and the establishment for the multijudge superior court judicial circuits of this state of a system of random assign ment of equal numbers of cases to judges.
Referred to Committee on Judiciary and Constitutional Law.

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

Mr. President:

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

SR 267. SR 268. SB 332.

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

Respectfully submitted,

Senator Greene of the 26th District, Chairman

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

Allgood Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Dawkins Deal English Engrain

Fincher Foster Gillis Greene Harris Hine Howard Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie

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

Those not answering were Senators:

Bond Brantley Coggin
Coverdell

Dean Garner Harrison
Hill

Holloway Horton Stumbaugh

Senator Broun of the 46th introduced the chaplain of the day, Reverend Patrick Shannon, pastor of Chapelwood United Methodist Church, Athens, Georgia, who of fered scripture reading and prayer.

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

SR 283. By Senator McKenzie of the 14th: A resolution commending Fort Valley State College.

On the adoption of the resolution, 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:

Allgood Barker Barnes Brannon
Broun of 46th Brown of 47th Bryant

Burton Cobb Coleman Coverdell
Dawkins English Engram

Fincher Foster Garner Gillis
Greene Harrison Hill

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61

Mine Howard Hudgins MKeungngeindsy
Kidd
Lester McGill

McKenzie Peevy "*y PRheidlldiipssh
Scott of 2nd
Scott of 43rd Stumbaugh

Tate Thompson Timmons Tirrunilonccilcc
Turner
Tysinger Walker

Those not voting were Senators:

Bond Bowen Brantley Coggin

Deal Dean Harris Holloway

Horton Land Scott of 36th Starr

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

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

The following resolution of the Senate was read and adopted:

SR 284. By Senator English of the 21st: A resolution commending Mr. Joseph Laurent Johnson.

Senator Reddish of the 6th introduced the doctor of the day, Dr. Fleming Jolley, of Sea Island, Georgia.

Senator Allgood of the 22nd moved that the Senate recess at 10:40 o'clock A.M. until 10:45 o'clock A.M., the hour for the Joint Session of the Senate and House called for the purpose of hearing the State of the State and Budget message by His Excel
lency, Governor Joe Frank Harris, and that the Senate stand adjourned immediately upon dissolution of the Joint Session until 10:00 o'clock A.M. tomorrow. The motion prevailed.

The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing the State of the State and Budget message by His Excellency, Governor Joe Frank Harris, was called to order by the President of the Senate. HR 438, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.

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

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Lieutenant Governor Miller, . . . Speaker Murphy, . . . Members of the General Assembly, . . . Members of the Appellate Courts, . . . Members of the Consular Corps, . . . other distinguished guests, . . . Ladies and Gentlemen, ... it is a high honor and privilege for me to be here today to address you on the State of the State and the 1985 Budget.
One year ago today, January 11, 1983, I stood before you and the people of Geor gia and took the oath of office as Governor of this great state. . . . During the twelve month period since that time, we have made considerable progress in our state, . . . and I am proud to report to you and the citizens of Georgia that the state of our state is good!
In my inaugural address, ... I said that I was prepared by determination and personal experience to make the most of our resources. ... I said that I was commit ted to stringent and responsible management of our state's fiscal resources, ... to getting the most services possible for every tax dollar, . . . and to the principle of better government, . . . not more government.
My commitment then ... to manage state government within its means . . . did not imply that we would operate without dreams ... or that our dreams could not be fulfilled. . . . During this past year, . . . together we have fulfilled many of the dreams we shared for Georgia, . . . while at the same time we have dreamed new dreams and set new goals. ... It has been a year of great accomplishment and achievement.
In public education, we have seen our fourth, eighth and tenth grade students climb to the national average in comprehensive test scores for the first time ever. . . . In higher education, we have achieved an amicable and realistic solution to the federal challenge to further desegregate our colleges and universities. . . . The failure to re solve this one single issue would have cost us more than $200 million in lost federal funds for higher education, . . . and I have cited this accomplishment as one of the proudest of my first year in office.
In the area of criminal justice, we have fulfilled a commitment that you and I made together, . . . and that is to remove the burden of the federal prison monitor from Reidsville. . . . Not only has this burden been removed, . . . but Georgia state prison won the first medical accreditation ever awarded to a prison facility in the United States by the American Medical Association, . . . and this is definitely an his toric happening. ... In the area of public safety, ... we have seen a new tougher DUI law go into effect, . . . and with stepped-up enforcement activities . . . and a comprehensive public awareness campaign, . . . drunk driving accidents and deaths have dropped dramatically.
One year ago, we were all vaguely aware of a new federal program entitled the Job Training Partnership Act. . . . This program is today being administered by the State Department of Community Affairs, . . . and it has won the top national award for program administration from the National Alliance for Business.
Last year, our state climbed out of the economic slump, . . . and new capital investment in manufacturing facilities in our state exceeded $1 billion. ... In addi tion, non-manufacturing investment in Georgia topped $5 billion for the first time ever. . . . Over 89,000 new jobs were created in the private sector for Georgians due to this economic expansion.
For the first five months of the current fiscal year, . . . tax revenues exceeded nine percent growth, . . . and for the past three of those months, ... tax revenues have

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63

exceeded twelve percent growth. . . . Georgia's recovery from economic recession is well under way and solidly on track.
While other states have raised taxes, . . . cut back drastically on needed pro grams, . . . and failed to give their state employees and teachers salary increases, . . . our department heads have worked with me to make the businesslike adjustments and alterations in their budgets that have kept our state government sound.
For fiscal year 1985, I am estimating revenues of $4.302 billion, ... a growth rate of 9.3 percent of the revised revenue estimate of $3.935 billion for fiscal year 1984. ... In keeping with my commitment to begin rebuilding the revenue shortfall reserve, ... I have estimated revenues for fiscal year 1985 conservatively and have selected the lowest revenue projection offered by the revenue estimator. . . . My reve nue estimate forecasts $367 million in new revenues for fiscal year 1985, . . . which provides us with funds to make significant improvements in education and other areas of critical importance to our citizens and to our state's future.
The goal of my administration is to provide jobs for Georgians. . . . Economic development cannot and will not occur in a state that does not provide for the educa tional needs of its citizens, . . . nor will economic development occur in a state which does not provide for the social needs of its citizens. . . . Economic development not only means highways and ports and water and sewer lines,. . . but it also means quali ty education, ... a good criminal justice system, ... a strong human service delivery system . . . and a coordinated and balanced approach to managing resources and solv ing problems.
My number one priority in this year's budget is public education. . . . It is of vital concern to all Georgians, . . . because our future and the future of our children di rectly hinge on its quality. . . . Last year we created the Education Review Commis sion, . . . and that Commission is undertaking the most thorough and in-depth study of public education which has been done in over two decades. . . . When the Commission presents its findings to us later this year, ... we will have a blueprint of action and an insight into the future for quality education in Georgia.
As my highest priority in this budget, ... I am recommending a 10 percent sal ary increase for our classroom teachers. . . . This will boost average teacher pay in Georgia to $20,867, . . . while beginning teachers will see their salaries increase to over $14,329,. . . the largest increase in history. . . . Quality in education begins with the classroom teacher . . . because the classroom is where the action is and where the incentives should be to retain our experienced teachers. . . . With this in mind, ... I am also adding an additional step in the salary schedule for teachers with 18 years or more experience in the classroom.
This pay raise or upgrading for classroom teachers will require, ... for the first time ever, . . . separating classroom teachers from all other state employees ... in cluding educational administrators ... for the purposes of salary recommenda tions. ... I am fully aware that it is without precedent and not totally without some controversy. . . . Nevertheless, it is a move which cannot be avoided any longer if we are to realize the progress in education which is your goal, ... my goal, . . . and the goal of all Georgians.
I am recommending a salary package totaling $143,508,251 to provide a threepercent salary increase for all University System personnel, ... all employees of the executive, legislative and judicial branches of government, ... as well as all public school employees . . . and retired members of the Employees' Retirement System.

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Inflation has been running at about 3 percent. . . . With our salary recommenda tions, ... no state employee or educator will experience any erosion of their in comes. . . . We will meet or exceed the cost of living with these increases.
My salary recommendation for the special teacher pay package will move Georgia to the forefront in both national and southeastern states' rankings. . . . This pay pack age represents the largest dollar increase in teacher pay in the history of our state and will result in the largest percentage pay increase for school teachers in over a decade.
Also included in my budget recommendations are funds to implement a thirdgrade promotion test and a tenth-grade writing test, . . . both of which will provide a more complete evaluation of our students' competencies. ... I am also providing $72 million for public school building construction through bond sales to continue our tradi tion of providing the best possible facilities for teaching our students.
As a result of the recommendations by the Vocational Education Task Force, . . . and with your support, ... I will implement the new Vocational Education Board. ... I am also recommending $6,609,911 for positions, equipment and other operating costs to allow the new heart of Georgia and Gwinnett Vocational Technical Schools to be fully operational. . . . and to allow for expansions at the schools in Houston County, Valdosta and Columbus. ... In addition, I am recommending nearly $2 million for start-up costs for eight additional comprehensive high schools.
My budget also contains $100,000 for a new scholarship program aimed at recog nizing, awarding and encouraging high academic achievement in our public schools. . . . You have recognized with me the need to meet the critical shortage of math and science teachers in our state, . . . and I am increasing funds to more than double the current loans available for science and math teachers from 90 to 200. ... I am recommending $350,000 in new money for our super successful quick-start pro gram, . . . which as you know, ... is one of our state's most outstanding economic development tools.
My commitment in this budget to educational improvements will be seen through out the education spectrum. . . . The salary increases for University System personnel coupled with the salary adjustment you provide by funding the Regents' formula should ensure that we maintain our high national salary rankings in the University System. . . . Currently, we rank 21st in senior college salaries and 27th in universities and junior college salaries, . . . and this budget will maintain those rankings. ... In addition, I have included for the first time full funding of the 1 percent quality im provement item in the Regents' formula. . . . This $6 million will be used to purchase badly needed equipment for the University System. ... It is not for replacement purchases, . . . but rather for upgrading the quality of equipment inventories and thus the quality of instruction and research. . . . This $6 million is in addition to approxi mately $9 million in the continuation budget for the University System . . . for a total of $15 million in equipment money.
My budget recommendation also includes $2.75 million as the first phase of fund ing to allow our research institutions to retain 100 percent of their research grants. ... As you know, until now, we have been deducting from the Regents' formula a portion of the overhead costs on research grants. . . . My goal is to fully fund this item so that our research institutions face no restrictions in their incentives to seek research grants and provide needed research for our state and nation.
I am also recommending in this budget $3,500,000 as the first phase of funding for the Research Consortium which I announced last year. . . . This $3,500,000 will be

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65

matched by an equal amount to be raised from the private sector. . . . When the Georgia Research Consortium is fully operational, ... we will be able to coordinate our financial resources and maximize our research capabilities. . . . Since announcing the Research Consortium, ... we have seen over $5 million raised from the private sector for our research institutions in the University System of Georgia. . . . These funds will allow us to fully formalize and organize the Georgia Research Consortium as a significant education and economic development tool.
In addition to the Research Consortium funds, ... I am requesting $213,605 for the Advanced Technology Development Center located on the Georgia Tech campus.
One last significant item in the University System's budget is for capital out lay. . . . This year I am providing funds which will allow for $26 million in capital outlay construction projects for our colleges and universities to be allocated according to priorities set by the Board of Regents.
In the budget I am recommending to you today, . . . 60.2 percent of all new funds available for expenditure have been allocated to educational needs from kindergarten through college. . . . This is a significantly higher percentage of new funds devoted to education than in past years. . . . When this budget is implemented, . . . you and I together can be extremely proud of the fact that during the 1983-84 term, ... we will have appropriated nearly one-half billion new dollars to education. . . . No longer will our priorities be in doubt, ... for the evidence will show that education is truly our number one priority.
For the first time ever, . . . economic development activities are being recognized and itemized in all departments and agencies where they occur. . . . Today I am an nouncing a package of economic development improvements totaling $81 million. . . . This budget recommendation reflects the coordinated approach I have attempted to instill in the area of economic development . . . through the establishment of the Eco nomic Development Council, ... a group of state department heads who meet regu larly to determine goals and objectives and to share resources and ideas.
The first major recommendation in economic development funding in this budget is a $25.3 million financial assistance program for the Georgia Development Authority to provide grants and loans to local governments for water and sewer projects. ... I am also proposing a new program to you which consolidates the developmental efforts of the Department of Transportation by adding motor fuel funds exceeding $5.5 million to go with existing funds to create a $30 million program aimed at developing indus trial access roads, . . . developmental highways, . . . and for four-lane and passing lane improvements.
Our ports are one of Georgia's most important economic development assets, . . . and to continue our ongoing program of improvements there, ... I am recommending a bond issue totaling $34.5 million. . . . These funds will construct a fifth container berth, . . . along with other improvements at Savannah.
While the state as a whole, . . . and many Georgians individually, . . . have en joyed the benefits of a rebounding economy, ... we cannot overlook those citizens of our state who are less fortunate. . . . One of the most significant improvement items anywhere in my budget recommendations to you is a new program to help the medi cally needy. . . . The recipients of this program will be the working poor; . . . people who do not qualify for welfare because they work and earn too much money, ... yet their earnings are not sufficient to provide their health needs.

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I am recommending to you today that we create a new program, ... at a total cost of $4 million, . . . one-third state funds and two-thirds federal funds. . . . The services of this program will be targeted to provide ambulatory and hospital care to children under 18 and pregnant women to help them avoid health problems which could plague them for their entire lives and ultimately cost many millions more in tax dollars. ... I am recommending that the program begin on January 1, 1985, . . . and when it is fully implemented, ... it will be approximately an $8 million annual pro gram. . . . This program will help county budgets and hospitals all over the state,. . . many of which are currently trying to provide these services totally with county funds.
In the area of youth services, I am recommending the construction of two regional youth development centers and additional staffing to ensure adequate security at ex isting youth development centers.
Many of you worked diligently with me to see the Community Care Act become state law, . . . and my budget recommendation to you includes funds that will allow us to implement this act. ... By screening nursing home applicants, we can hope to find alternative means of serving these citizens . . . and thus avoid the high costs of nursing home care when possible . . . also in the area of community care, ... I am recom mending the expansion of the Supportive Living Program to help the mentally ill find community placements, . . . rather than hospitalization,. . . and in the area of mental retardation, ... I am recommending funding for mentally retarded day service centers.
To help alleviate the problem of recruiting and retaining nurses for our state hos pitals and institutions, ... I am recommending the upgrading of certain nurses who are the most difficult to recruit and retain,. . . and funds for increased nurse night pay differential in mental retardation, mental health and rehabilitation facilities.
For Georgians who must receive public assistance through the Aid to Families with Dependent Children Program, ... I am recommending an increase of 3 percent to offset the cost of inflation.
Once again, I will be asking you to pass legislation removing all sales taxes on prescription drugs effective January 1, 1985. . . . My revenue estimate reflects the loss of $5 million in revenues for the period January 1 through June 30, 1985. . . . The payment of sales taxes on prescription drugs represents a hardship for many of our lowincome citizens and those on fixed incomes.
Over the past 10 years, ... no other department in state government has grown as rapidly on a percentage basis as the Department of Offender Rehabilitation. . . . Today, I am recommending $13.1 million in new funds to manage our prison popula tion. . . . These funds will provide for 510 new personnel and almost 1,300 new prison beds. ... I am also recommending 38 new positions for the State Board of Pardons and Paroles to allow for closer and more stringent supervision of parolees. ... In a continuation of my commitment to vigorous drug enforcement activities,... I am rec ommending eight new drug enforcement agents,... a new drug enforcement agent for the special projects section of the Georgia Bureau of Investigation, . . . and additional funds to purchase evidence. . . . Additionally, I am formalizing my special Prosecut ing Task Force by recommending to you $170,000 to set up a special prosecution divi sion in the State Law Department.
My revenue estimate has been adjusted for some $25 million in income taxes that will result from a major improvement in collection procedures within the State Depart ment of Revenue.

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67

I am recommending an improvement package totaling $3.3 million for the Reve nue Department which will vastly improve internal documents processing; . . . acceler ate audit/collection improvements; . . . speed up the processing of motor vehicle titles, . . . and improve our efforts to stop tax evasion.
Almost 95 percent of our revenue conies from the Department of Revenue's collec tions. . . . We have done very little in recent years to upgrade its capabilities to collect all taxes legally due the state. ... It does not make sense to scrimp in this area. . . . By collecting all of the taxes due the state, ... we are helping to fund needed im provements and keep taxes at their present rate. . . . With a return of $25 million on a $3.3 million expenditure, . . . surely this is a good investment.
Today I have discussed only a few of the more significant highlights of the FY'85 budget I am recommending. ... I am more than pleased with this budget: ... I am extremely proud of it because it affords us the chance to make meaningful improve ments in education, ... in economic development, ... in law enforcement and crimi nal justice, . . . and in our human service delivery areas.
We have at hand the opportunity for an outstanding session which will result in new levels of harmony,. . . cooperation,. . . progress,. . . reform . . . and the sort of achievements which will make you proud to run for re-election this year.
Together let us seize these 40 days as the opportunity to restore the public's confi dence and trust in their government and in those they have chosen to serve them. . . . I will be asking you to join me in passing major reform legislation aimed at doing just that. . . . My proposal for temporarily suspending with pay local or state elected offi cials who are under indictment should go far toward removing the cloud which hangs over some portions of our state. ... As elected officials, . . . you and I are only too aware of the allegations and charges of wrongdoing in certain quarters of govern ment. . . . Even though these allegations pertain to only a few specific individuals, ... we must work together to see that corrections are made.
Our state is today poised on the brink of greater progress than at any time in its history. . . . Around the nation and around the world, . . . Georgia enjoys a com manding presence. . . . This is something that has been made extremely clear to me as I have traveled to other states for conferences with other governors ... or around the world on economic development missions. . . . We are a leader in virtually every area of state government, . . . from fiscal management ... to economic development . . . to transportation ... to protection of our natural resources ... to education ... to quality of life and human services.
I challenge each of you here today and all Georgians to renew our commitment to excellence . . . our pledge of cooperation . . . and our determination to continue our team spirit throughout 1984.
May God bless each of you.

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

The President of the Senate announced the Joint Session dissolved.

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

THURSDAY, JANUARY 12, 1984

69

Senate Chamber, Atlanta, Georgia Thursday, January 12, 1984 Fourth Legislative Day

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

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

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

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

Mr. President:

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

HR 475. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others:
A resolution calling a Joint Session of the House of Representatives and Senate for the purpose of unveiling the portrait of the Honorable Richard A. Dent.

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

HB 862. By Representative Coleman of the 118th:
A bill to provide for an appointed school superintendent of the board of education of Dodge County; to provide for vacancies; and to provide for a referendum.

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

HB 888. By Representatives Dobbs of the 74th and Lambert of the 66th:
A bill to provide for the Magistrate Court of Newton County; and to pro vide that the judge of the Probate Court of Newton County shall serve as chief magistrate of Newton County.

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HB 895. By Representative Phillips of the 93rd:
A bill to amend an Act entitled "An Act to create a Board of Commission ers in the County of Harris," so as to change the commissioner districts in said county.

HB 903. By Representatives Brown of the 154th and Chance of the 129th:
A bill to change the provisions relating to the Magistrate Court of Liberty County so as to change the manner of selecting the chief magistrate and other magistrates and to provide for terms of and vacancies in such offices.

HB 920. By Representative Greene of the 130th:
A bill to provide for the election of the initial chief magistrate of the Magis trate Court of Webster County; to provide for the election of successors to said initial chief magistrate.

HB 921. By Representative Greene of the 130th:
A bill to provide that the judge of the Probate Court of Quitman County shall serve as chief magistrate of the Magistrate Court of Quitman County.

HB 929. By Representatives Auten of the 156th and McVeigh of the 155th:
A bill to amend an Act creating the State Court of Glynn County, so as to change the compensation of the clerk of said court.

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

SB 375. By Senators McGill of the 24th, Walker of the 19th, Trulock of the 10th and others:
A bill to amend Article 3 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to equine diseases and regulation of sales and purchases of equines, so as to change the amount of bond required to be posted by equine dealers, brokers, and sales establishment operators.
Referred to Committee on Agriculture.

SB 376. By Senators Cobb of the 28th and Tysinger of the 41st:
A bill to amend Chapter 10 of Title 34 of the Official Code of Georgia Annotated, relating to private employment agencies, so as to change the ter mination date of the State Employment Agency Advisory Council and the date of repeal of laws relating to such council.
Referred to Committee on Industry and Labor.

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71

SB 377. By Senator Burton of the 5th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to require coverage for cer tain maxillofacial services in group policies or contracts for accident and sickness insurance; to define certain terms.
Referred to Committee on Insurance.

SB 378. By Senator Burton of the 5th:
A bill to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehi cles, so as to provide an exemption from ad valorem taxation for motor vehi cles owned by a school or educational institution and used for the purpose of transporting handicapped or disabled students to or from such school or edu cational institution.
Referred to Committee on Banking and Finance.

SB 379. By Senator Burton of the 5th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to require notice of termi nation when contracts or policies providing medical or hospital benefits are terminated or when coverage under such contracts or policies is terminated.
Referred to Committee on Insurance.

SB 380. By Senators Kidd of the 25th, Howard of the 42nd and Trulock of the 10th:
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 provisions relating to the purposes for which expense funds may be utilized by members of the General Assembly.
Referred to Committee on Governmental Operations.

SB 381. By Senator Tysinger of the 41st:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, the "Budget Act," so as to provide that funds appropriated to the legislative branch of government shall be appropriated by line item in the same manner as funds are appropriated to the executive branch of government.
Referred to Committee on Appropriations.

SB 382. By Senator Kidd of the 25th:
A bill to amend an Act providing for the appointment of the initial chief magistrate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, so as to change the provisions relating to the selection of subsequent chief magistrates.
Referred to Committee on Federal, State and Community Affairs.

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SB 383. 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 provide for the appointment of a deputy recorder for the police court; to provide for the deputy recorder's powers, duties, and compensation; to change certain provisions relating to the mayor pro tern.
Referred to Committee on Federal, State and Community Affairs.

SB 384. By Senator Kidd of the 25th:
A bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Tax Collector, the Tax Receiver, and the Judge of the Probate Court of Putnam County on an annual salary, as amended, so as to change the provi sions relating to the compensation of the sheriff.
Referred to Committee on Federal, State and Community Affairs.

SB 385. By Senator Kidd of the 25th:
A bill to amend an Act creating a board of commissioners of Baldwin County, as amended, so as to provide for the election of board members from districts.
Referred to Committee on Federal, State and Community Affairs.

SB 386. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the City of Milledge ville, as amended, so as to change the terms of office of the mayor and aldermen.
Referred to Committee on Federal, State and Community Affairs.

SR 285. By Senators Cobb of the 28th and Lester of the 23rd: A resolution to create the Mortgage Banking Industry Study Committee.
Referred to Committee on Banking and Finance.

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

HB 888. By Representatives Dobbs of the 74th and Lambert of the 66th:
A bill to provide for the Magistrate Court of Newton County; to provide that the judge of the Probate Court of Newton County shall serve as chief magistrate of Newton County.
Referred to Committee on Federal, State and Community Affairs.

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73

HB 895. By Representative Phillips of the 93rd:
A bill to amend an Act entitled "An Act to create a Board of Commission ers in the county of Harris," so as to change the commissioner districts in said county.
Referred to Committee on Federal, State and Community Affairs.

HB 903. By Representatives Brown of the 154th and Chance of the 129th:
A bill to change the provisions relating to the Magistrate Court of Liberty County so as to change the manner of selecting the chief magistrate and other magistrates and to provide for terms of and vacancies in such offices.
Referred to Committee on Federal, State and Community Affairs.

HB 920. By Representative Greene of the 130th:
A bill to provide for the election of the initial chief magistrate of the Magis trate Court of Webster County; to provide for the election of successors to said initial chief magistrate.
Referred to Committee on Federal, State and Community Affairs.

HB 921. By Representative Greene of the 130th:
A bill to provide that the judge of the Probate Court of Quitman County shall serve as chief magistrate of the Magistrate Court of Quitman County.
Referred to Committee on Federal, State and Community Affairs.

HB 929. By Representatives Auten of the 156th and McVeigh of the 155th:
A bill to amend an Act creating the State Court of Glynn County, so as to change the compensation of the clerk of said court.
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 Economic Development and Tourism has had under considera tion the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 438. Do pass by substitute.
Respectfully submitted,
Senator Broun of the 46th District, Chairman

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JOURNAL OF THE SENATE

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 353. Do pass. SR 19. Do pass by substitute.
Respectfully submitted,
Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 316. Do pass. SB 371. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 17. Do pass.
Respectfully submitted,
Senator Brown of the 47th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 274. Do pass.
SB 354. Do pass.

THURSDAY, JANUARY 12, 1984

75

SB 355. Do pass. Respectfully submitted, Senator Turner of the 8th District, Chairman
The following bill and resolutions of the Senate were read the second time:

SB 332. By Senators Barnes of the 33rd, Trulock of the 10th and Dean of the 31st:
A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Anno tated, relating to vacation of office, so as to provide that certain public offi cials shall be suspended from office upon being indicted for a felony.

SR 267. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A resolution proposing an amendment to the Constitution so as to provide that a judge may be suspended from office upon being indicted for a felony and may be removed from office upon being convicted of a felony in this state, in any other state, or in the United States and to provide for proce dures and other matters relative thereto; to provide for submission of this amendment for ratification or rejection.

SR 268. By Senators Barnes of the 33rd, Trulock of the 10th and Dean of the 31st:
A resolution proposing an amendment to the Constitution so as to provide that certain public officials may be suspended from office upon being in dicted for a felony and may be removed from office upon being convicted of a felony in this state, in any other state, or in the United States and to provide for procedures and other matters related thereto; to provide for sub mission of this amendment for ratification or rejection.
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 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.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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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.

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

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

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

HB 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.

Senator Dawkins of the 45th offered the following amendment:

Amend HB 852 by deleting on Page 4, line 28, the figure "1983" and inserting in lieu thereof the figure
"1984".

On the adoption of the amendment, the yeas were 49, nays 0, and the amendment was adopted.

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

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

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

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

Allgood Barker Barnes Bond Bowen Brannon

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

Coggin Coleman Coverdell Dawkins Deal Dean

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77

English Engram Fincher Foster
"ner Gilhs GHraererinse
Harrison
Hill
Hine
Holloway Horton

Howard Hudgins Huggins Kennedy
Land LMecsGteirll McKenzie Peevy Perry Phillips Reddish

Scott of 2nd

Scott of 36th

Scott of 43rd

gtarr

Stumbaugh

T

6

.Tihfo6mpson

Timmons

Trulock

Turner

Tysinger

Walker

Senator Bond of the 39th introduced the chaplain of the day, Reverend Julius C. Williams, pastor of Flipper Temple A.M.E. Church, Atlanta, Georgia, who offered scripture reading and prayer.

Senator Broun of the 46th introduced Honorable Doug Barnard, U.S. Congress man from the Tenth Congressional District of Georgia, who briefly addressed the Senate.

Senator Burton of the 5th introduced Miss Debbie White, who entertained the Senate by interpreting a song in sign language.

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

HR 475. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others:
A resolution calling a Joint Session of the House of Representatives and Senate on Monday, January 16, 1984, at 11:00 o'clock A.M. for the purpose of the unveiling of the portrait of Honorable Richard A. Dent.

On the adoption of the resolution, the yeas were 39, nays 0.

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

Senator Reddish of the 6th introduced Dr. Don Roberts, of Jekyll Island, Georgia, and Senator Coleman of the 1st introduced the doctor of the day, Dr. Rowland Sum mers, of Savannah, Georgia.

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The following resolution of the Senate was read and adopted:

SR 286. By Senator Hudgins of the 15th: A resolution relative to Girl Scout Legislative Day.

Senator Hudgins of the 15th introduced the six recipients of the Gold Award, which is the highest award in Girl Scouts.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 10:55 o'clock A.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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79

Senate Chamber, Atlanta, Georgia Friday, January 13, 1984 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 Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.

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

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

Mr. President:

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

HB 908. By Representatives Connell of the 87th, Murphy of the 18th, Ware of the 77th and others:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interests, so as to provide that certain transactions between a public official or employee or any busi ness in which such public official or employee or any member of his family has a substantial interest and the state or any agency thereof shall not be unlawful and shall not constitute a conflict of interest.

HB 935. By Representatives Colwell and Twiggs of the 4th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to the terms of superior courts, so as to change the terms of the Superior Courts of Gilmer County.

HB 961. By Representative Birdsong of the 104th:
A bill to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Wilkinson County actually occupied by the owner as a residence and homestead.

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HB 962. By Representative Birdsong of the 104th:
A bill to provide legislative intent; to provide that the judge of the Probate Court of Wilkinson County shall serve as chief magistrate of the Magistrate Court of Wilkinson County.

HB 963. By Representative Birdsong of the 104th:
A bill to abolish the present method of compensating the Clerk of the Supe rior Court of Wilkinson County, known as the fee system; to provide in lieu thereof an annual salary.

HB 966. By Representatives Watts of the 41st and Murphy of the 18th:
A bill to amend an Act creating a new charter for the City of Dallas, so as to change the corporate limits of said city.

HB 922. By Representative Phillips of the 125th:
A bill to amend Code Section 50-14-4 of the Official Code of Georgia Anno tated, relating to the applicability of provisions concerning the conduct of certain meetings by public agencies, so as to provide that certain meetings at which the sale of real estate is discussed may be closed to the public.

HB 890. By Representatives Lee of the 72nd and Burruss of the 20th:
A bill to amend Code Section 28-3-20 of the Official Code of Georgia Anno tated, relating to the election and terms of office of the Secretary of the Senate and Clerk of the House of Representatives, so as to provide that the Speaker of the House of Representatives shall appoint a person to the office of Clerk of the House of Representatives in the event of a vacancy in such office.

HB 891. By Representatives Lee of the 72nd and Burruss of the 20th:
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, so as to change the provisions relating to the hour of meeting of the General Assembly.

HB 889. By Representatives Lee of the 72nd and Burruss of the 20th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions so as to provide for the practices and procedures relative to the introduction, reading, and enactment of local bills and resolutions intended to have the effect of local laws.

HB 899. By Representatives Murphy of the 18th and Burruss of the 20th:
A bill to amend Code Section 28-3-24 of the Official Code of Georgia Anno tated, relating to the fees of the Secretary of the Senate and the Clerk of the

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81

House of Representatives for copying extracts and certifying extracts and Acts, so as to provide that such fees shall be state funds.

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

SB 387. By Senators Holloway of the 12th, Barker of the 18th and Cobb of the 28th:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change the quantities of alcoholic beverages an individual may possess and transport in this state upon which taxes have not been paid.
Referred to Committee on Industry and Labor.

SB 388. By Senators Trulock of the 10th and Bowen of the 13th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Anno tated, relating to apportionment of the Senate and qualifications of its mem bers, so as to change the composition of certain state Senate districts.
Referred to Committee on Governmental Operations.

SB 389. By Senator Deal of the 49th:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to revise, modernize and supersede the laws of Georgia relating to partnerships; to adopt the "Uniform Partnership Act".
Referred to Committee on Judiciary.

SB 390. By Senator Coggin of the 35th:
A bill to amend Chapter 3 of Title 3 of the Official Code of Georgia Anno tated, relating to the regulation of alcoholic beverages generally, so as to provide for local authorization and regulation of sales of alcoholic beverages on Sunday under certain conditions.
Referred to Committee on Consumer Affairs.

SB 391. By Senators Peevy of the 48th, Deal of the 49th and Barnes of the 33rd:
A bill to amend Code Section 15-10-41 of the Official Code of Georgia An notated, relating to jury trials and appeals in magistrate courts, so as to provide that appeals may be had from judgments returned in the magistrate court to the state court of the county or, if there is no state court, to the superior court of the county.
Referred to Committee on Judiciary and Constitutional Law.

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SB 392. By Senators Stumbaugh of the 55th, Land of the 16th, Deal of the 49th and others:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to provide for certain rules and regulations to be prescribed by the state revenue commissioner.
Referred to Committee on Transportation.

SB 393. By Senator Foster of the 50th:
A bill to provide for the term of office of the chief magistrate of Lumpkin County; to provide for the appointment of a successor chief magistrate for a certain term; to provide for the election of successor chief magistrates and for their terms of office.
Referred to Committee on Federal, State and Community Affairs.

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

HB 908. By Representatives Connell of the 87th, Murphy of the 18th, Ware of the 77th and others:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interests, so as to provide that certain transactions between a public official or employee or any busi ness in which such public official or employee or any member of his family has a substantial interest and the state or any agency thereof shall not be unlawful and shall not constitute a conflict of interest.
Referred to Committee on Governmental Operations.

HB 889. By Representatives Lee of the 72nd and Burruss of the 20th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions so as to provide for the practices and procedures relative to the introduction, reading, and enactment of local bills and resolutions intended to have the effect of local laws.
Referred to Committee on Governmental Operations.

HB 890. By Representatives Lee of the 72nd and Burruss of the 20th:
A bill to amend Code Section 28-3-20 of the Official Code of Georgia Anno tated, relating to the election and terms of office of the Secretary of the Senate and Clerk of the House of Representatives, so as to provide that the Speaker of the House of Representatives shall appoint a person to the office of Clerk of the House of Representatives in the event of a vacancy in such office.
Referred to Committee on Governmental Operations.

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83

HB 891. By Representatives Lee of the 72nd and Burruss of the 20th:
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, so as to change the provisions relating to the hour of meeting of the General Assembly.
Referred to Committee on Governmental Operations.

HB 899. By Representatives Murphy of the 18th and Burruss of the 20th:
A bill to amend Code Section 28-3-24 of the Official Code of Georgia Anno tated, relating to the fees of the Secretary of the Senate and the Clerk of the House of Representatives for copying extracts and certifying extracts and Acts, so as to provide that such fees shall be state funds.
Referred to Committee on Governmental Operations.

HB 922. By Representative Phillips of the 125th:
A bill to amend Code Section 50-14-4 of the Official Code of Georgia Anno tated, relating to the applicability of provisions concerning the conduct of certain meetings by public agencies, so as to provide that certain meetings at which the sale of real estate is discussed may be closed to the public.
Referred to Committee on Industry and Labor.

HB 935. By Representatives Colwell and Twiggs of the 4th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to the terms of superior courts, so as to change the terms of the Superior Courts of Gilmer County.
Referred to Committee on Federal, State and Community Affairs.

HB 961. By Representative Birdsong of the 104th:
A bill to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Wilkinson County actually occupied by the owner as a residence and homestead.
Referred to Committee on Federal, State and Community Affairs.

HB 962. By Representative Birdsong of the 104th:
A bill to provide legislative intent; to provide that the judge of the Probate Court of Wilkinson County shall serve as chief magistrate of the Magistrate Court of Wilkinson County.
Referred to Committee on Federal, State and Community Affairs.

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JOURNAL OF THE SENATE

HB 963. By Representative Birdsong of the 104th:
A bill to abolish the present method of compensating the Clerk of the Supe rior Court of Wilkinson County, known as the fee system; to provide in lieu thereof an annual salary.
Referred to Committee on Federal, State and Community Affairs.

HB 966. By Representatives Watts of the 41st and Murphy of the 18th:
A bill to amend an Act creating a new charter for the City of Dallas, so as to change the corporate limits of said city.
Referred to Committee on Federal, State and Community Affairs.

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

Mr. President:

The Committee on Agriculture has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the fol lowing recommendation:
SB 375. Do pass.
Respectfully submitted,
Senator McGill of the 24th District, Chairman

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 290. Do pass.
Respectfully submitted,
Senator Bond of the 39th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 352. Do pass.

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85

SR 265. Do pass by substitute. 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 17. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Anno tated, the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to provide that multijurisdictional or regional "911" systems shall be toll free.

SB 316. By Senator Howard of the 42nd:
A bill to amend Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, and Code Section 32-3-8 of the Official Code of Georgia Annotated, relating to service of process in proceedings for acquisition of property for public transportation purposes, so as to provide that in all con demnation cases the court in which the proceeding is filed shall appoint a guardian ad litem for parties who require a guardian ad litem.

SB 353. By Senator Scott of the 43rd:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipali ties, and other governmental entities, so as to specify the terms and condi tions under which counties and municipalities may enter into certain multiyear lease, purchase, and lease purchase contracts.

SB 354. By Senators Turner of the 8th, Coverdell of the 40th, Trulock of the 10th and others:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relative to the definition of involuntary separation from employment with prejudice.

SB 355. By Senators Turner of the 8th, Coverdell of the 40th, Trulock of the 10th and others:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, providing for the Employees' Retirement System of Georgia, so as to provide procedures for the continued employment of certain employees pro posed for involuntary separation from employment.

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JOURNAL OF THE SENATE

SB 371. By Senator Deal of the 49th:
A bill to amend Code Section 15-7-24 of the Official Code of Georgia Anno tated, relating to solicitors of state courts, so as to change the legal experi ence qualification for the office of solicitor.

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

SR 274. By Senators Turner of the 8th, Coverdell of the 40th, Trulock of the 10th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly by law to change previously existing retirement or pension laws of this state to revise the provisions of said laws relating to retirement or pension benefits based on involuntary separation from employ ment as applied to present members of public retirement or pension systems.

HB 438. By Representatives Robinson of the 58th, Linder of the 44th, Richardson of the 52nd and others:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Anno tated, relating to state parks, historic areas, memorials, and associations, so as to create the Stone Mountain State Park Authority as the successor to and a continuation of the Stone Mountain Memorial Association.

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

HB 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.

Senator Dawkins of the 45th offered the following amendment:

Amend HB 851 by striking line 25 of Page 2 in its entirety and in serting in lieu thereof the following:
"December 31, 1984."

On the adoption of the amendment, the yeas were 49, nays 0, and the amendment was adopted.

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87

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

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

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

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

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

Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Huggins Kennedy Kidd

Those not answering were Senators:

Land Lester McGill McKenzie Peevy Perry Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Tysinger Walker

Bowen Deal Dean English

Harrison Hudgins Phillips Reddish

Scott of 2nd Scott of 36th Stumbaugh

Senator Coleman of the 1st introduced the chaplain of the day, Father Kevin Boland, Saint Anne Catholic Church, Columbus, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 289. By Senator Turner of the 8th: A resolution commending John Lastinger.

SR 290. By Senator Barker of the 18th: A resolution commending Mrs. Joan Kahn.

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SENATE CALENDAR
Friday, January 13, 1984
FIFTH LEGISLATIVE DAY
SB 332 Certain Public Officials--suspension when indicted for felony (SUB STITUTE) (J&CL--33rd)
SR 267 Judge--suspension from office for felony indictment (SUBSTI TUTE) (J&CL--33rd)
SR 268 Certain State Public Officials--suspension from office for felony in dictment (SUBSTITUTE) (J&CL--33rd)
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 332. By Senators Barnes of the 33rd, Trulock of the 10th and Dean of the 31st:
A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Anno tated, relating to vacation of office, so as to provide that certain public offi cials shall be suspended from office upon being indicted for a felony.
The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 332:
A BILL
To be entitled an Act to amend Chapter 5 of Title 45 of the Official Code of Georgia Annotated, relating to vacation of office, so as to provide for the suspension from office of certain public officials upon being indicted for a felony; to provide a definition; to provide for review and reinstatement of the public official in certain circumstances; to provide for the disposition of the compensation of the public official during the period of suspension; to provide for the appointment of a replacement officer during the period of suspension; to provide when a vacancy shall occur and for the filling of the vacancy; to provide for applicability; to provide for procedures and other matters related thereto; to amend Code Section 15-16-26 of the Official Code of Georgia Annotated, relating to investigations of charges against a sheriff generally, so as to provide when these provisions shall apply to sher iffs who are under investigation; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 45 of the Official Code of Georgia An notated, relating to vacation of office, is amended by striking in its entirety Code Section 45-5-6, which reads as follows:
"45-5-6. (a) Upon conviction of a felony in any court of this state, of any other state, or of the United States, a county officer so con victed, except a probate judge, shall be suspended from office immedi ately and without further action, pending the outcome of any direct ap peal or application for a writ of certiorari that may be taken from the conviction. During the term of office to which such officer was elected

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and in which the conviction occurred, if the conviction is overturned as a result of any such direct appeal or application for writ of certiorari, the county officer shall be immediately reinstated to the office from which he
was suspended. While such county officer is suspended, he shall not re ceive any income from his office. If the county officer is reinstated, he
shall receive all the back income from his office that he would have re ceived had he not been suspended. Upon the final conviction of any such officer, Code Section 45-5-2 shall apply.

(b) For the duration of any suspension under this Code section, the Governor shall appoint a replacement officer for any officer suspended. The replacement officer so appointed shall be from the same county as the suspended officer and shall otherwise be qualified to serve during the
period of suspension. If the conviction of the suspended county officer becomes final, the Governor is authorized to continue the appointment of the replacement officer or to appoint another qualified person from the
county to serve until the next general election.

(c) Notwithstanding any other law to the contrary, when a county commissioner is suspended under this Code section, he or she shall be
replaced by the remaining county commissioner or commissioners; pro vided, however, that when there is only one commissioner in a county and he or she is suspended, subsection (b) of this Code section shall apply.",

and inserting in lieu thereof a new Code Section 45-5-6 to read as follows:
"45-5-6. (a) As used in this Code section, the term 'public offi cial' means any elected county officer; any elected member of a county governing authority; any elected member of a city-county consolidated government; any member of a county, area, or independent board of edu cation; any school superintendent of a county, area, or independent school system; any solicitor of a state court; any elected member of any municipal governing authority; any member of the Public Service Com mission; and any district attorney.

(b) Upon indictment for a felony in this state, in any other state, or in the United States of any public official, the Attorney General or district attorney shall transmit a certified copy of the indictment to the Governor who shall, subject to subsection (e) of this Code section, ap point a review commission. The commission shall be composed of the At torney General and two public officials who hold the same office as the individual indicted. The members of the commission shall receive no compensation for their services but shall be reimbursed for any expenses incurred in connection with the investigation. The funds necessary to conduct the investigation shall come from funds appropriated to the exec utive branch of government.

(c) Unless a longer period of time is granted by the Governor, the commission shall make a written report to the Governor within 14 days. If the commission determines that the indictment relates to and affects

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the administration of the office of the indicted public official and that the rights and interests of the public are affected thereby, the commission shall recommend that the public official be suspended from office. The Governor shall review the findings and recommendations of the commis sion and may suspend the public officer from office immediately and without further action pending the final disposition of the case or until the expiration of his term of office, whichever occurs first. During the term of office to which such officer was elected and in which the indict ment occurred, if a nolle prosequi is entered, if the public official is ac quitted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the public official shall be immediately reinstated to the office from which he was suspended. While a public official is suspended under this Code section and until final conviction, the public official shall continue to receive the compensation from his office.

(d) For the duration of any suspension under this Code section, the Governor shall appoint a replacement officer for the public official sus pended. The replacement officer shall be qualified to serve during the
period of suspension. Upon the final conviction, a vacancy shall exist, and the provisions of Code Section 45-5-2 shall apply.

(e) No commission shall be appointed for a period of 14 days from the day the Governor receives the indictment. This period may be ex tended by the Governor. During this period of time, the indicted public official may, in writing, authorize the Governor to suspend him from of fice. Any such voluntary suspension shall be subject to the same condi tions for review, reinstatement, or declaration of vacancy as are provided in this Code section for nonvoluntary suspensions.

(f) After any suspension under this Code section, the suspended public official may petition the Governor for a review. The Governor may reappoint the commission to review the suspension. The commission shall make a written report in 14 days. If the commission recommends that the public official be reinstated, he shall immediately be reinstated to office.

(g) The report and records of the commission and the fact that the public official has or has not been suspended shall not be admissible in evidence in any court for any purpose. The report and records of the commission shall not be open to the public.

(h) The provisions of this Code section shall not apply to any in dictment handed down prior to January 1, 1985."
Section 2. Code Section 15-16-26, relating to investigations of charges against a sheriff, generally, is amended by striking in their entirety subsec tion (d) and subsection (e), which read as follows:

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"(d) The chief judge of the superior court of the county of the sheriff's residence shall appoint a person who meets the qualifications for sheriffs pursuant to Code Section 15-16-1 to assume the duties and re sponsibilities of the office of sheriff during any period of suspension.
(e) Upon a sheriff being convicted of a felony in any court of this state or convicted of a crime under the laws of the United States or any other state in any court, which crime would be considered a felony if committed within the State of Georgia, the district attorney of the county of the sheriff's residence shall be required to bring a removal peti tion against such sheriff immediately. If the sheriff fails to appeal such conviction, a vacancy shall be declared in such office immediately upon the removal of the sheriff. If the sheriff appeals such conviction, the chief judge of the superior court of the county of the sheriff's residence shall appoint a person who meets the qualifications for sheriffs pursuant to Code Section 15-16-1 to assume the duties and responsibilities of the of fice of sheriff on a temporary basis until all appeals of such conviction are exhausted by the sheriff or until the expiration of the sheriffs term of office, whichever event occurs first. After all appeals have been ex hausted, if the conviction of the sheriff has been upheld, the probate court shall declare a vacancy in such office to be filled as provided by law. Any sheriff removed from office as provided in this subsection who has his conviction nullified, reversed, or set aside on appeal and who has time remaining in his term of office to which elected shall be automati cally reinstated in office for the remainder of his unexpired term.",
and inserting in lieu thereof a new subsection (d) and subsection (e) to read as follows:
"(d) Except as provided in subsection (e) of this Code section, the chief judge of the superior court of the county of the sheriffs residence shall appoint a person who meets the qualifications for sheriffs pursuant to Code Section 15-16-1 to assume the duties and responsibilities of the office of sheriff during any period of suspension.
(e) Upon indictment for a felony, the provisions of Code Section 45-5-6 shall apply."
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 Peevy of the 48th and Dawkins of the 45th offered the following amendment:

Amend the substitute to SB 332 offered by the Senate Committee on Judiciary and Constitutional Law by striking from line 15 of Page 5 the following:

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"1985."', and inserting in lieu thereof the following:
"1985.

(i) If a public official who is suspended from office under the provi sions of this Code section is not first tried at the next regular or special term following the indictment, the suspension shall be terminated and the
public official shall be reinstated to office. The public official shall not be reinstated under this subsection if he is not so tried based on a continu ance granted upon a motion made only by the defendant.'"

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

Senators Barnes of the 33rd, Peevy of the 48th and Dawkins of the 45th offered the following amendment:

Amend the substitute to SB 332 offered by the Senate Committee on Judiciary and Constitutional Law by striking from line 18 of Page 3 the following:
"The",
and inserting in lieu thereof the following:
"Except as provided in this subsection, the".
By adding on line 26 of Page 3 after the symbol "." the following:
"If the Attorney General brings the indictment against the public official, the Attorney General shall not serve on the commission. In place of the Attorney General, the Governor shall appoint a retired Supreme Court Justice or a retired Court of Appeals Judge."
By striking from line 30 of Page 3 the word "affects" and inserting in lieu thereof the words "adversely affects".

By striking from line 33 of Page 3 the word "affected" and inserting in lieu thereof the words "adversely affected".

On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted as amended.

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

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93

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

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative was Senator Fincher.

Not voting was Senator Bryant.

On the passage of the bill, the yeas were 54, nays 1.

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

The following general resolutions of the Senate, favorably reported by the commit tee, were read the third time and put upon their adoption:

SR 267. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that a judge may be suspended from office upon being indicted for a felony and may be removed from office upon being convicted of a felony in this state, in any other state, or in the United States and to provide for procedures and other matters relative thereto; to provide for submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section VII of the Constitution is amended by striking therefrom Paragraph VII which reads as follows:
"Paragraph VII. Discipline, removal, and involuntary retirement of judges. Any judge may be removed, suspended, or otherwise disci plined for willful misconduct in office, or for willful and persistent failure to perform the duties of office, or for habitual intemperance, or for con viction of a crime involving moral turpitude, or for conduct prejudicial to the administration of justice which brings the judicial office into disre pute. Any judge may be retired for disability which constitutes a serious and likely permanent interference with the performance of the duties of office. The Supreme Court shall adopt rules of implementation.",
and inserting in lieu thereof a new Paragraph VII to read as follows:
"Paragraph VII. Discipline, removal, and involuntary retirement of judges, (a) Any judge may be removed, suspended, or otherwise disci plined for willful misconduct in office, or for willful and persistent failure to perform the duties of office, or for habitual intemperance, or for con viction of a crime involving moral turpitude, or for conduct prejudicial to the administration of justice which brings the judicial office into disre pute. Any judge may be retired for disability which constitutes a serious and likely permanent interference with the performance of the duties of office. The Supreme Court shall adopt rules of implementation.

(b) Upon indictment for a felony in this state, in any other state, or in the United States of any judge, the Attorney General or district attorney shall transmit a certified copy of the indictment to the Judicial Qualifications Commission. The commission shall review the indictment, and, if it determines that the indictment relates to and affects the admin istration of the office of the indicted judge and that the rights and inter ests of the public are affected thereby, the commission shall suspend the judge immediately and without further action pending the final disposi tion of the case or until the expiration of the judge's term of office, whichever occurs first. During the term of office to which such judge was elected and in which the indictment occurred, if a nolle prosequi is en tered, if the public official is acquitted, or if after conviction the convic tion is later overturned as a result of any direct appeal or application for a writ of certiorari, the judge shall be immediately reinstated to the office from which he was suspended. While a judge is suspended under this subparagraph and until final conviction, the judge shall continue to re ceive the compensation from his office. For the duration of any suspen sion under this subparagraph, the Governor shall appoint a replacement judge. Upon a final conviction with no appeal or review pending, the of fice shall be declared vacant and a successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof."
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.

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95

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 a judge may be suspended from office upon being indicted for a felony and may be removed from office upon being
convicted of a felony in this state, in any other state, or in the United States and to provide for procedures and other matters relative thereto?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SR 267:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that a judge may be suspended from office upon being indicted for a felony and may be removed from office upon being convicted of a felony in this state, in any other state, or in the United States and to provide for procedures and other matters relative thereto; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section VII of the Constitution is amended by striking therefrom Paragraph VII which reads as follows:
"Paragraph VII. Discipline, removal, and involuntary retirement of judges. Any judge may be removed, suspended, or otherwise disci plined for willful misconduct in office, or for willful and persistent failure to perform the duties of office, or for habitual intemperance, or for con viction of a crime involving moral turpitude, or for conduct prejudicial to the administration of justice which brings the judicial office into disre pute. Any judge may be retired for disability which constitutes a serious and likely permanent interference with the performance of the duties of office. The Supreme Court shall adopt rules of implementation.",
and inserting in lieu thereof a new Paragraph VII to read as follows:
"Paragraph VII. Discipline, removal, and involuntary retirement of judges, (a) Any judge may be removed, suspended, or otherwise disci plined for willful misconduct in office, or for willful and persistent failure to perform the duties of office, or for habitual intemperance, or for con viction of a crime involving moral turpitude, or for conduct prejudicial to the administration of justice which brings the judicial office into disre-

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pute. Any judge may be retired for disability which constitutes a serious and likely permanent interference with the performance of the duties of office. The Supreme Court shall adopt rules of implementation.
(b)(l) Upon indictment for a felony in this state, in any other state, or in the United States of any judge, the Attorney General or dis trict attorney shall transmit a certified copy of the indictment to the Ju dicial Qualifications Commission. The commission shall, subject to subparagraph (b)(2) of this Paragraph, review the indictment, and, if it determines that the indictment relates to and affects the administration of the office of the indicted judge and that the rights and interests of the public are affected thereby, the commission shall suspend the judge im mediately and without further action pending the final disposition of the case or until the expiration of the judge's term of office, whichever occurs first. During the term of office to which such judge was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is acquitted, or if after conviction the conviction is later over turned as a result of any direct appeal or application for a writ of certiorari, the judge shall be immediately reinstated to the office from which he was suspended. While a judge is suspended under this subparagraph and until final conviction, the judge shall continue to receive the compen sation from his office. For the duration of any suspension under this subparagraph, the Governor shall appoint a replacement judge. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof.

(2) The commission shall not review the indictment for a period of 14 days from the day the indictment is received. This period of time may be extended by the commission. During this period of time, the indicted judge may, in writing, authorize the commission to suspend him from office. Any such voluntary suspension shall be subject to the same condi tions for review, reinstatement, or declaration of vacancy as are provided in this subparagraph for a nonvoluntary suspension.

(3) After any suspension is imposed under this subparagraph, the suspended judge may petition the commission for a review. If the com mission determines that the judge should no longer be suspended, he shall immediately be reinstated to office.

(4) The findings and records of the commission and the fact that the public official has or has not been suspended shall not be admissible in evidence in any court for any purpose. The findings and records of the commission shall not be open to the public.

(5) The provisions of this subparagraph shall not apply to any in dictment handed down prior to January 1, 1985."
Section 2. The above proposed amendment to the Constitution shall

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97

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 a judge may be suspended from office upon being indicted for a felony and may be removed from office upon being
convicted of a felony in this state, in any other state, or in the United States and to provide for procedures and other matters relative thereto?"

All persons desiring to vote in favor of ratifying the proposed amend
ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Senators Peevy of the 48th and Dawkins of the 45th offered the following amendment:

Amend the substitute to SR 267 offered by the Senate Committee on Judiciary and Constitutional Law by striking from line 9 of Page 4 the following:
"January 1, 1985.'",
and inserting in lieu thereof the following:
"January 1, 1985.
(6) If a judge who is suspended from office under the provisions of this subparagraph is not first tried at the next regular or special term following the indictment, the suspension shall be terminated and the judge shall be reinstated to office. The judge shall not be reinstated under this provision if he is not so tried based on a continuance granted upon a motion made only by the defendant.'"

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.

Senators Barnes of the 33rd, Peevy of the 48th and Dawkins of the 45th offered the following amendment:

Amend the substitute to SR 267 offered by the Senate Committee on

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Judiciary and Constitutional Law by striking from line 22 of Page 2 the word "affects" and inserting in lieu thereof the words "adversely affects".

By striking from line 25 of Page 2 the word "affected" and inserting in lieu thereof the words "adversely affected".

On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the adoption of the resolution by substitute, 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 Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram

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

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

Not voting was Senator Bowen.

On the adoption of the resolution, the yeas were 55, nays 0.

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99

The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.

SR 268. By Senators Barnes of the 33rd, Trulock of the 10th and Dean of the 31st:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that cer tain public officials may be suspended from office upon being indicted for a felony and may be removed from office upon being convicted of a felony in this state, in any other state, or in the United States and to provide for procedures and other matters related thereto; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article II of the Constitution is amended by adding at the end thereof a new Section III to read as follows:

"SECTION III. SUSPENSION AND REMOVAL
OF PUBLIC OFFICIALS
Paragraph I. Procedures for and effect of suspending or removing public officials upon felony indictment, (a) As used in this Paragraph, the term 'public official' means the Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the State School Superinten dent, the Commissioner of Insurance, the Commissioner of Agriculture, the Commissioner of Labor, and any member of the General Assembly.

(b) Upon indictment for a felony in this state, in any other state, or in the United States, of any public official, the Attorney General or district attorney shall transmit a certified copy of the indictment to the Governor or, if the indicted public official is the Governor, to the Lieu tenant Governor who shall appoint a review commission. The commission shall be composed of the Attorney General and, if the indicted public official is not a member of the General Assembly, two other public offi cials who are not members of the General Assembly. If the indicted pub lic official is a member of the General Assembly, the commission shall be composed of the Attorney General and one member of the Senate and one member of the House of Representatives. The commission shall pro vide for a speedy hearing, including notice of the nature and cause of the hearing, process for obtaining witnesses, and the assistance of counsel. The commission shall make a written report within 14 days. If the com mission determines that the indictment relates to and affects the adminis tration of the office of the indicted public official and that the rights and interests of the public are affected thereby, the Governor or, if the Gover nor is the indicted public official, the Lieutenant Governor shall suspend the public official immediately and without further action pending the final disposition of the case or until the expiration of the officer's term of office, whichever occurs first. During the term of office to which such

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officer was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is acquitted, or if after conviction the conviction is later overturned as a result of any direct appeal or applica tion for a writ of certiorari, the officer shall be immediately reinstated to the office from which he was suspended. While a public official is sus pended under this Paragraph and until final conviction, the officer shall continue to receive the compensation from his office.

(c) Unless the Governor is the public officer under suspension, for the duration of any suspension under this Paragraph, the Governor shall appoint a replacement officer. If the Governor is the public officer under suspension, the provisions of Article V, Section I, Paragraph V of this Constitution shall apply as if the Governor were temporarily disabled. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as pro vided in this Constitution or the laws enacted in pursuance thereof."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that certain public officials may be suspended from office upon being indicted for a felony and may be removed from office upon being convicted of a felony in this state, in any other state, or in the United States and to provide for procedures and other matters relative thereto?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SR 268:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that cer tain public officials may be suspended from office upon being indicted for a felony and may be removed from office upon being convicted of a felony in this state, in any other state, or in the United States and to provide for procedures and other matters related thereto; to provide for submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article II of the Constitution is amended by adding at the end thereof a new Section III to read as follows:

"SECTION III. SUSPENSION AND REMOVAL
OF PUBLIC OFFICIALS
Paragraph I. Procedures for and effect of suspending or removing public officials upon felony indictment, (a) As used in this Paragraph, the term 'public official' means the Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the State School Superinten dent, the Commissioner of Insurance, the Commissioner of Agriculture, the Commissioner of Labor, and any member of the General Assembly.

(b) Upon indictment for a felony in this state, in any other state, or in the United States, of any public official, the Attorney General or district attorney shall transmit a certified copy of the indictment to the Governor or, if the indicted public official is the Governor, to the Lieu tenant Governor who shall, subject to paragraph (d) of this Paragraph, appoint a review commission. If the indicted public official is the Gover nor, the commission shall be composed of the Attorney General, the Sec retary of State, the State School Superintendent, the Commissioner of Insurance, the Commissioner of Agriculture, and the Commissioner of Labor. If the indicted public official is the Attorney General, the com mission shall be composed of three other public officials who are not members of the General Assembly. If the indicted public official is not the Governor, the Attorney General, or a member of the General Assem bly, the commission shall be composed of the Attorney General and two other public officials who are not members of the General Assembly. If the indicted public official is a member of the General Assembly, the commission shall be composed of the Attorney General and one member of the Senate and one member of the House of Representatives. The commission shall provide for a speedy hearing, including notice of the nature and cause of the hearing, process for obtaining witnesses, and the assistance of counsel. Unless a longer period of time is granted by the appointing authority, the commission shall make a written report within 14 days. If the commission determines that the indictment relates to and affects the administration of the office of the indicted public official and that the rights and interests of the public are affected thereby, the Gover nor or, if the Governor is the indicted public official, the Lieutenant Gov ernor shall suspend the public official immediately and without further action pending the final disposition of the case or until the expiration of the officer's term of office, whichever occurs first. During the term of office to which such officer was elected and in which the indictment oc curred, if a nolle prosequi is entered, if the public official is acquitted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the officer shall be immediately reinstated to the office from which he was suspended. While a public official is suspended under this Paragraph and until final convic tion, the officer shall continue to receive the compensation from his office.

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(c) Unless the Governor is the public officer under suspension, for
the duration of any suspension under this Paragraph, the Governor shall appoint a replacement officer. If the Governor is the public officer under
suspension, the provisions of Article V, Section I, Paragraph V of this Constitution shall apply as if the Governor were temporarily disabled. Upon a final conviction with no appeal or review pending, the office shall
be declared vacant and a successor to that office shall be chosen as pro vided in this Constitution or the laws enacted in pursuance thereof.

(d) No commission shall be appointed for a period of 14 days from the day the indictment is received. This period of time may be extended by the Governor. During this period of time, the indicted public official may, in writing, authorize the Governor or, if the Governor is the in dicted public official, the Lieutenant Governor to suspend him from of fice. Any such voluntary suspension shall be subject to the same condi tions for review, reinstatement, or declaration of vacancy as are provided in this Paragraph for a nonvoluntary suspension.

(e) After any suspension is imposed under this Paragraph, the sus pended public official may petition the appointing authority for a review. The Governor or, if the indicted public official is the Governor, the Lieu tenant Governor may reappoint the commission to review the suspension. The commission shall make a written report within 14 days. If the com mission recommends that the public official be reinstated, he shall imme diately be reinstated to office.

(0 The report and records of the commission and the fact that the public official has or has not been suspended shall not be admissible in evidence in any court for any purpose. The report and record of the com mission shall not be open to the public.

(g) The provisions of this Paragraph shall not apply to any indict ment handed down prior to January 1, 1985."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that certain public officials may be suspended from office upon being indicted for a felony and may be removed from office upon being convicted of a felony in this state,
in any other state, or in the United States and to provide for procedures and other matters relative thereto?"

All persons desiring to vote in favor of ratifying the proposed amend-

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103

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 Peevy of the 48th and Dawkins of the 45th offered the following amendment:

Amend the substitute to SR 268 offered by the Senate Committee on Judiciary and Constitutional Law by striking from line 22 of Page 4 the following:
"1985."',
and inserting in lieu thereof the following:
"1985.

(h) If a public official who is suspended from office under the pro visions of this Paragraph is not first tried at the next regular or special term following the indictment, the suspension shall be terminated and the public official shall be reinstated to office. The public official shall not be reinstated under this subparagraph if he is not so tried based on a contin uance granted upon a motion made only by the defendant.'"

On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.

Senators Barnes of the 33rd, Peevy of the 48th and Dawkins of the 45th offered the following amendment:

Amend the substitute to SR 268 offered by the Senate Committee on Judiciary and Constitutional Law by striking from line 5 of Page 2 the word "paragraph" and inserting in lieu thereof the word "subparagraph".

By adding on line 22 of Page 2 after the word and symbol "Representa tives." the following:
"If the Attorney General brings the indictment against the public official, the Attorney General shall not serve on the commission. In place of the Attorney General, the Governor shall appoint a retired Supreme Court Justice or a retired Court of Appeals Judge."
By striking from line 29 of Page 2 the word "affects" and inserting in lieu thereof the words "adversely affects".

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By striking from line 32 of Page 2 the word "affected" and inserting in lieu thereof the words "adversely affected".

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

On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the adoption of the resolution by substitute, 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 Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

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

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

Those not voting were Senators Bond and Timmons.

On the adoption of the resolution, the yeas were 54, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.

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The following resolutions of the Senate were read and adopted:

SR 291. By Senators Bond of the 39th, Tate of the 38th and Scott of the 2nd:
A resolution commending Coach Eddie Robinson and inviting him to appear before the Senate on January 13, 1984.

SR 292. By Senators Bond of the 39th, Tate of the 38th and Scott of the 2nd:
A resolution commending Coach Bill Davis and inviting him to appear before the Senate on January 13, 1984.

Serving as doctor of the day today was Dr. J.R.B. Hutchinson of Tucker, Georgia.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. Monday, January 16, and the motion prevailed.

At 11:00 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. Monday, January 16.

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Senate Chamber, Atlanta, Georgia Monday, January 16, 1984 Eighth Legislative Day

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

Senator Walker of the 19th reported that the Journal of the proceedings of Friday, January 13, had been read and found correct.

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

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

Mr. President:

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

HR 448. By Representatives Walker of the 115th, Smyre of the 92nd, Benefield of the 72nd and others:
A resolution creating the Governor's Judicial Process Review Commission.

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

HB 256. By Representative Clark of the 13th:
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 des ignate the composition of the board of trustees.

HB 933. By Representatives Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Code Section 10-1-404 of the Official Code of Georgia An notated, relating to certain powers of the administrator of the "Fair Busi ness Practices Act of 1975," so as to provide that the administrator and his employees and law enforcement officials may provide certain information to each other under certain circumstances.

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HB 936. By Representatives Bray of the 91st, Holmes of the 28th, Edwards of the 112th and Steinberg of the 46th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to restrict the number of offices for which an individual may be nominated or be a candidate in any one election.

HB 939. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Code Section 21-2-414 of the Official Code of Georgia An notated, relating to restrictions on campaign activities within the vicinity of a polling place, and Code Section 21-3-321 of the Official Code of Georgia Annotated, relating to restrictions on campaign activities within the vicinity of a polling place in municipal elections, so as to provide for the distribution of materials to promote voter participation.

HB 940. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Code Section 21-3-124 of the Official Code of Georgia An notated, relating to the designation of the form of municipal voter registra tion, so as to provide that municipalities electing not to use the county regis tration list shall be required to use forms provided by the Secretary of State.

HB 941. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the requirements regarding the display of vote recorders prior to elections.

HB 942. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the board of registrars shall not make any change of residence on a person's voter registration card without written notification of such change by the elector.

HB 943. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the principal of every public and private high school and the director of each area vocational school is authorized to invite a deputy registrar to the school to register qualified students and em ployees as electors.

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HB 990. By Representative Royal of the 144th:
A bill to repeal an Act providing for the compensation of the chairman and members of the county board of education in all counties of this state having a population of not less than 20,900 nor more than 21,200 according to the United States decennial census of 1980 or any future such census.

HB 996. By Representative Greene of the 130th:
A bill to create a board of commissioners of Stewart County consisting of three members elected from districts.

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

SB 232. By Senator Hudgins of the 15th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to protective orders.

The House has adopted the following resolution of the Senate:

SR 283. By Senator McKenzie of the 14th: A resolution commending Fort Valley State College.

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

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.

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

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.

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109

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

HB 937. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Chapter 3 of Title 21 of the Official Code of Georgia Anno tated, relating to municipal elections, so as to change certain provisions rela tive to penalties.

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

SB 394. By Senators Foster of the 50th, Dawkins of the 45th, Deal of the 49th and others:
A bill to repeal in its entirety Chapter 7 of Title 20 of the Official Code of Georgia Annotated, relating to the Legislative Educational Research Council.
Referred to Committee on Education.

SB 395. By Senator Lester of the 23rd:
A bill 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 facilities, so as to create the hospital equipment financing authority.
Referred to Committee on Banking and Finance.

SB 396. By Senator Land of the 16th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the time for obtaining a license and registering a motor vehicle.
Referred to Committee on Transportation.

SB 397. By Senator Land of the 16th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change the time in which the owner of a motor vehicle must return the same for taxation.
Referred to Committee on Banking and Finance.

SB 398. By Senators Greene of the 26th, Peevy of the 48th, Deal of the 49th and Barnes of the 33rd:
A bill to amend Code Section 15-16-21 of the Official Code of Georgia An notated, relating to fees of sheriff's services and disposition of fees, so as to provide that, in the event that there is multiple service at the same location,

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there shall be only one $20.00 charge for such service of process; to provide an effective date.
Referred to Committee on Judiciary and Constitutional Law.

SB 399. By Senator Kidd of the 25th:
A bill to amend Code Section 21-3-291 of the Official Code of Georgia An notated, relating to challenge of absentee ballots and duty of poll managers to open envelopes and deposit absentee ballots in ballot box in municipal elections, so as to provide that, in elections where paper ballots are used, if ten or less absentee ballots have been voted, such absentee ballots shall be deposited in a regular ballot box.
Referred to Committee on Governmental Operations.

SB 400. By Senator McKenzie of the 14th:
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 95, duly ratified at the 1962 general election and pro claimed by the Governor to be a part of the Constitution of 1945, which amendment provides for the election by the people of members of the Board of Education of Macon County.
Referred to Committee on Federal, State and Community Affairs.

SB 401. By Senator Engram of the 34th:
A bill 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.
Referred to Committee on Human Resources.

SB 402. By Senators Garner of the 30th, Engram of the 34th, Kidd of the 25th and others:
A bill to amend Code Section 46-2-25 of the Official Code of Georgia Anno tated, relating to procedure for changing any rate, charge, classification, or service, so as to provide that no utility may file a request for a general in crease in its basic rates and charges within 12 months after the filing date of its most recent request for a general increase in basic rates and charges, except under certain conditions.
Referred to Committee on Public Utilities.

SR 293. By Senators Barker of the 18th and Kidd of the 25th:
A resolution urging the Board of Human Resources to amend the rules of the board and the department relative to personal care homes.
Referred to Committee on Human Resources.

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111

SR 294. By Senators Cobb of the 28th, Foster of the 50th, Deal of the 49th and 53 others:
A resolution encouraging all school districts to incorporate the teaching of cardiopulmonary resuscitation (CPR) as a part of their curriculum.
Referred to Committee on Education.

The following bills and resolution of the House were read the first time and re ferred to committee:

HB 256. By Representative Clark of the 13th:
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 des ignate the composition of the board of trustees.
Referred to Committee on Retirement.

HB 933. By Representatives Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Code Section 10-1-404 of the Official Code of Georgia An notated, relating to certain powers of the administrator of the "Fair Busi ness Practices Act of 1975," so as to provide that the administrator and his employees and law enforcement officials may provide certain information to each other under certain circumstances.
Referred to Committee on Governmental Operations.

HB 936. By Representatives Bray of the 91st, Holmes of the 28th, Edwards of the 112th and Steinberg of the 46th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to restrict the number of offices for which an individual may be nominated or be a candidate in any one election.
Referred to Committee on Governmental Operations.

HB 937. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Chapter 3 of Title 21 of the Official Code of Georgia Anno tated, relating to municipal elections, so as to change certain provisions rela tive to penalties.
Referred to Committee on Governmental Operations.

HB 939. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Code Section 21-2-414 of the Official Code of Georgia An notated, relating to restrictions on campaign activities within the vicinity of a polling place, and Code Section 21-3-321 of the Official Code of Georgia Annotated, relating to restrictions on campaign activities within the vicinity

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of a polling place in municipal elections, so as to provide for the distribution of materials to promote voter participation.
Referred to Committee on Governmental Operations.

HB 940. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Code Section 21-3-124 of the Official Code of Georgia An notated, relating to the designation of the form of municipal voter registra tion, so as to provide that municipalities electing not to use the county regis tration list shall be required to use forms provided by the Secretary of State.
Referred to Committee on Governmental Operations.

HB 941. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the requirements regarding the display of vote recorders prior to elections.
Referred to Committee on Governmental Operations.

HB 942. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the board of registrars shall not make any change of residence on a person's voter registration card without written notification of such change by the elector.
Referred to Committee on Governmental Operations.

HB 943. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the principal of every public and private high school and the director of each area vocational school is authorized to invite a deputy registrar to the school to register qualified students and em ployees as electors.
Referred to Committee on Governmental Operations.

HB 990. By Representative Royal of the 144th:
A bill to repeal an Act providing for the compensation of the chairman and members of the county board of education in all counties of this state having a population of not less than 20,900 nor more than 21,200 according to the United States decennial census of 1980 or any future such census.
Referred to Committee on Federal, State and Community Affairs.

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113

HB 996. By Representative Greene of the 130th:
A bill to create a board of commissioners of Stewart County consisting of three members elected from districts. Referred to Committee on Federal, State and Community Affairs.

HR 448. By Representatives Walker of the 115th, Smyre of the 92nd, Benefield of the 72nd and others:
A resolution creating the Governor's Judicial Process Review Commission. Referred to Committee on Judiciary.

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

SB 290. By Senator Coggin of the 35th:
A bill to amend Chapter 4 of Title 3 of the Official Code of Georgia Anno tated, relating to distilled spirits, so as to provide for a short title; to provide for purposes and policies.

SB 352. By Senators Holloway of the 12th, McKenzie of the 14th, Bowen of the 13th and Peevy of the 48th:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to size, weight, and width of vehicles and loads, so as to change the provisions relating to the width of vehicles allowed on roads, streets, and highways.

SB 375. By Senators McGill of the 24th, Walker of the 19th, Trulock of the 10th and others:
A bill to amend Article 3 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to equine diseases and regulation of sales and purchases of equines, so as to change the amount of bond required to be posted by equine dealers, brokers, and sales establishment operators.

SR 265. By Senator Perry of the 7th:
A resolution designating the developmental highway, known as "Corridor Z," as the "Peach State Parkway".

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

HB 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.

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

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

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

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

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

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

Those not answering were Senators:

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

Coggin Coverdell

McKenzie

Tate

Senator Howard of the 42nd introduced the chaplain of the day, Reverend Pal L. Wright, pastor of Atlanta First Church of the Nazarene, Decatur, Georgia, who of
fered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 295. By Senator Foster of the 50th: A resolution recognizing and commending Honorable George G. Alien.

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115

SR 297. By Senators Kennedy of the 4th and Gillis of the 20th:
A resolution recognizing and commending the mayors, municipal officials, and employees of municipalities within the State of Georgia.

Senator Timmons of the 11th introduced the Mitchell-Baker High School Football Team and coach who, pursuant to SR 275 adopted on January 10, were recognized and congratulated as winners of the Class AAA State Championship.

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
January 13, 1984
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 1984 Regu lar Session as of 3:00 P.M. on January 13, 1984. The list is numbered 1 through 372.
Sincerely,
/s/ Max Cleland
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 certify that the attached list contains the names and addresses of those per sons, numbered 1 through 372, who have registered in the Docket of Legis lative Appearance as of January 13, 1984, 3:00 P.M., in accordance with Georgia Laws 1970, pp. 695 as the same appears on file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and af fixed the seal of my office, at the Capitol, in the City of Atlanta, this 13th day of January, in the year of our Lord One Thousand Nine Hundred and

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Eighty-four and of the Independence of the United States of America the Two Hundred and Eighth.
/s/ Max Cleland Secretary of State

1984 SESSION REGISTRATION -- DOCKET OF LEGISLATIVE APPEARANCE
1. Lita Sue Menkin Senior Citizens Advocacy Project 151 Spring Street, N.W. Atlanta, Georgia 30335 (404) 524-0051
2. Ellen A. Rhoades Auditory Educational Clinic 3016 Lanier Drive Atlanta, Georgia 30319 (404) 237-6141
3. Esther Kirk Eddy Auditory Educational Clinic 3016 Lanier Drive Atlanta, Georgia 30319 (404) 237-6141
4. Dorothy P. Spence Georgia Association of American Institute of Architects Colony Square Retail Mall 1197 Peachtree Street, N.E. Atlanta, Georgia 30361 (404) 873-3207
5. James M. Christian CIBA-GEIGY 4439 Shelbourne Drive Dunwoody, Georgia 30338 (404) 458-7217
6. Jim S. Hewitt Taxpayers Association of Georgia 4161 Old Atlanta Road Griffin, Georgia 30223 (404) 228-1420
7. Bob Watson Fulton Federal Savings and Loan Association 1 Park Place South Atlanta, Georgia 30303 (404) 586-7265

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8. Bert Fridlin National Federation of Independent Business 1447 Peachtree Street, N.E. Suite 804 Atlanta, Georgia 30309 (404) 876-8516
9. Charles Edison Taylor League of Women Voters 2021 Monroe Drive, N.E. Atlanta, Georgia 30324 (404) 873-5411
10. Georgianne Brown Bearden Georgia State PTA 3149 Laura Lane Lithia Springs, Georgia 30057 (404) 941-2850
11. James Thomas Bearden Georgia State PTA 3149 Laura Lane Lithia Springs, Georgia 30057 (404) 941-2850
12. Robert E. Simmons Tift County Chamber of Commerce P.O. Box 165 Tifton, Georgia 31794 (912) 382-6200
13. Barbara Croft Hippie Trust Company Bank 25 Park Place Atlanta, Georgia 30302 (404) 588-8641
14. Edward S. Linsley Georgia Bankers Association 3040 Peachtree Road, N.E. Atlanta, Georgia 30305 (404) 231-8086
15. William Franklin Bulloch Georgia Bankers Association C & S National Bank P.O. Box 4446 Atlanta, Georgia 30302 (404) 581-4481
16. Mark A. Fackler Georgia Credit Union Affiliates P.O. Box 29884 Atlanta, Georgia 30359 (404) 634-4256

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17. George Robert Kerr, Jr. Georgia Conservancy 1144 Evergreen Drive Atlanta, Georgia 30319 (404) 262-1967
18. Robert F. Haller SELF Professional Engineer 95 Berkley Road Avondale Estates, Georgia 30002 (404) 289-7367
19. Jerry W. Hill Amoco Companies 6 Executive Park Atlanta, Georgia 30302 (404) 634-2065
20. Richard B. Cobb Petroleum Council of Georgia 230 Peachtree Street, N.E. Atlanta, Georgia 30303 (404) 522-2574
21. Robert Eldon Woodard Petroleum Council of Georgia 230 Peachtree Street, N.E. Atlanta, Georgia 30303 (404) 522-2574
22. Jared Louis Freedman Georgia Federation of Teachers AFT/AFL-CIO 6065 Roswell Road, N.E. Atlanta, Georgia 30328 (404) 252-6327
23. Emily T. Olshine Georgia Federation of Teachers AFT/AFL-CIO 6065 Roswell Road, N.E. Atlanta, Georgia 30328 (404) 252-6327
24. Leila Cheney-Pettway Georgia Federation of Teachers 374 Maynard Terrace, S.E. Atlanta, Georgia 30316 (404) 377-8924
25. Mary Lou Romaine Georgia Federation of Teachers 374 Maynard Terrace, S.E. Atlanta, Georgia 30316 (404) 377-8924

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26. Arthur Weldon Fisher Georgia Federation of Teachers 374 Maynard Terrace, S.E. Atlanta, Georgia 30316 (404) 377-8924
27. Fran Toliver Georgia Federation of Teachers 374 Maynard Terrace, S.E. Atlanta, Georgia 30316 (404) 377-8924
28. Anita L. Brooks Georgia Federation of Teachers 6065 Roswell Road, N.E. Atlanta, Georgia 30328 (404) 252-6327
29. Marion Griffin Georgia Federation of Teachers 2901 College Drive Columbus, Georgia 31995
30. Richard Paul Kane Georgia Federation of Teachers 8311 Highway 166 Douglasville, Georgia 30135 (404) 489-1444
31. Jackie M. Belt Georgia Federation of Teachers 2610 Edgewood Road Columbus, Georgia 31906 (404) 687-4220
32. Jo Ann Wood McAleer Georgia Federation of Teachers 5600 Mulberry Street Austell, Georgia 30001 (404) 948-1422
33. Rudolph Peshera American Association of Retired Persons 6514 Boca Blvd. Forest Park, Georgia 30050 (404) 968-4002
34. James Richard Loyd Georgia Tire and Retreaders Association 300 W. Wieuca Road, N.E. Suite 115 Atlanta, Georgia 30342 (404) 252-6283
35. W.R. Hornsby Georgia Professional Bail Agents 1142 Jefferson Street, N.W. Atlanta, Georgia 30318 (404) 873-6904

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36. Henry R. Bauer, Jr. Fulton County 1500 Peachtree Center Harris Tower 233 Peachtree Street, N.E. Atlanta, Georgia 30303 (404) 588-1500
37. Kathleen Mary Tomlin Christian Council of Metropolitan Atlanta 848 Peachtree Street, N.E. Atlanta, Georgia 30308 (404) 881-9890
38. Jarrett Parke Renshaw Christian Council of Metropolitan Atlanta 848 Peachtree Street, N.E. Atlanta, Georgia 30308 (404) 881-9890
39. Bonnie B. Engle Parents Anonymous of Ga. Inc. 250 Georgia Avenue, # 309 Atlanta, Georgia 30312 (404) 688-0581
40. Inez L. Hawkins Georgia Military College 201 E. Greene Street Milledgeville, Georgia 31061 (912) 452-0053
41. Janet Margaret Bolt Georgia Municipal Association National Bank of Ga. Building 34 Peachtree Street, N.W. Atlanta, Georgia 30303 (404) 688-0472
42. Susan H. Aft Cobb Federation of Teachers P.O. Box 636 Marietta, Georgia 30061 (404) 252-6327
43. Richard Rudolph Shaw Bethesda Temple 208 First Avenue Atlanta, Georgia 30311 (404) 349-2510
44. Rosalie White Fitzpatrick League of Women Voters of Ga. 100 Courtland Avenue, N.E. Atlanta, Georgia 30308 (404) 522-8683

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45. Catherine M. Alexander Community Health Services 6666 Powers Ferry Road Atlanta, Georgia 30339 (404) 953-8570
46. Bill McBrayer Georgia Retail Association Georgia Chain Drug Federation Georgia Hearing Aid Society Opticians Association of Ga. 100 Edgewood Avenue, N.E. Suite 1804 Atlanta, Georgia 30303 (404) 577-3435
47. George Donald McFarland Retail Drug Industry Georgia Retail Association Chain Drug Industry Georgia Board of Pharmacy 515 Wharton Circle Atlanta, Georgia 30378 (404) 691-6803
48. Jim P. Martin Georgia Society of CPA's 3340 Peachtree Road, N.E. Atlanta, Georgia 30026 (404) 231-8676
49. Ed McGill Georgia Alcohol Dealers Assn. Inc. 920 Green Street Conyers, Georgia 30207 (404) 922-6555
50. Ruth F. Claiborne Council for Children 100 Edgewood Avenue, N.E. Atlanta, Georgia 30303 (404) 588-1160
51. Robert D. Sumner Business Council of Georgia Georgia Self-Insurers Association 181 Washington Street, S.W. Atlanta, Georgia 30303 (404) 223-2288
52. Margaret R. Ball Georgia PTA 310 Holiday Avenue Dalton, Georgia 30720 (404) 278-2700

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53. Ruenette B. Gilbert Georgia PTA 1846 Beaverdale Road Dalton, Georgia 30720 (404) 259-5406
54. Grady Harold Gilbert Georgia PTA 1846 Beaverdale Road, N.E. Dalton, Georgia 30720 (404) 259-5406
55. Amelda J. Porter PTSA West Fulton High School 14th and Peachtree Streets, N.E. Atlanta, Georgia 30361 (404) 892-6000
56. Skip Yow Georgia School Boards Association 1240 Atkinson Road Lawrenceville, Georgia 30245 (404) 962-2985
57. Charles Gary Ashley Georgia School Boards Association 1240 Atkinson Road Lawrenceville, Georgia 30245 (404) 962-2985
58. Herbert S. Reese Metro Atlanta Real Estate Developers Buckhead Business Association Buckhead "50" Club 3277 Roswell Road, N.E. Suite 127 Atlanta, Georgia 30305 (404) 255-2576
59. George E. Glaze Clayton County College Park Riverdale City Fairburn City Union City Palmetto City Lake City Hapeville City 120 N. McDonough Street Jonesboro, Georgia 30236 (404) 478-5555
60. John R. Keys City of Atlanta Finance Dept. Room 601 City Hall Atlanta, Georgia 30335 (404) 659-6480

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61. Connie Berg Plunkett Georgia Citizens for the Arts 1404 Spring Street, N.W. Atlanta, Georgia 30309 (404) 873-4356
62. Jack H. Smith Georgians for Racing, Inc. P.O. Box 52903 Atlanta, Georgia 30355 (404) 261-0612
63. Jack Nugent The Retired Officers Association 4337 Lafayette Lane College Park, Georgia 30337 (404) 766-2453
64. J.R. Cullens Georgia Bar Association Monarch Wine Company Georgia Association of Property and Casualty Insurance Companies Freeport-McMoran, Inc. Georgia Association of Trial Lawyers Georgia Horse Foundation First National Bank G. Heileman Brewing Company, Inc. P.O. Box 326 Cartersville, Georgia 30120 (404) 382-2613
65. Donna Marinda McLarin Ga. Association of Property and Casualty Insurance Inc. 1904 Leland Drive Marietta, Georgia 30067 (404) 952-0080
66. Kathy Ann Greenwood Ga. Association of Property and Casualty Insurance Companies, Inc. 1904 Leland Drive Marietta, Georgia 30067 (404) 952-0080
67. Marie Ann Polite Savannah Federation of Teachers GFT 2607 Skidaway Road Savannah, Georgia 31404 (912) 233-8032
68. Thomas D. Walker Gulf Oil Corporation 1375 Peachtree Street, N.W. Atlanta, Georgia 30357 (404) 897-7741

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69. Caroline Dunford Burke Georgia Girl Scouts 991 Somerset Drive, N.W. Atlanta, Georgia 30327 (404) 237-9360
70. Susan Elizabeth Tucker Georgia Girl Scouts 991 Somerset Drive, N.W. Atlanta, Georgia 30327 (404) 237-9360
71. Jack Wolcott Collins Christian Science Committee on Publications for the State of Ga. 534 Medlock Road Decatur, Georgia 30030 (404) 378-2833
72. Everett Gill, III Christians Against Hunger in Georgia 201 Washington Street Atlanta, Georgia 30303 (404) 588-1458
73. Steven E. McWilliams Georgia Mining Association Georgia Concrete Products Association 205-D, 4151 Memorial Drive Decatur, Georgia 30032 (404) 299-3500
74. Priscilla Diane Woolley Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30034 (404) 289-5867
75. James William Whitaker Georgia Peanut Products Box 351 D Dawson, Georgia 31742 (912) 995-2153
76. George Ann Hoffman Georgia Federation of Women's Clubs 797 San Miguel Drive Stone Mountain, Georgia 30083 (404) 469-1082
77. Daniel P. Starnes Council for Children 100 Edgewood Avenue, N.E. Suite 1008 Atlanta, Georgia 30303 (404) 588-1160

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78. Gary Michael Bremer Home Health Care 6666 Powers Ferry Road Atlanta, Georgia 30339 (404) 953-8484
79. Harry Patrick Galloway River Valley Home Health Agency 603 North Jackson Street Albany, Georgia 31702 (912) 439-8078
80. Tom Keating Atlanta Public Schools P.O. Box 25 Decatur, Georgia 30031-0025 (404) 659-3381
81. Capt. Calvin C. Dudley Tugaloo Home Health Agencies P.O. Box 77 Lavonia, Georgia 30553 (404) 356-8480
82. Javy R. Gwaltney Tugaloo Home Health Agencies 2014 Hwy 41 North Tifton, Georgia 31793 (912) 386-8571
83. Eva Fletcher VNA of Greater Tift 2014 Highway 41 North Tifton, Georgia 31793 (912) 386-8571
84. Margie Johnson VNA of Greater Tift 1705 Knight Avenue Waycross, Georgia 31501 (912) 283-1262
85. Charles K. Hecht III Chattahoochee Valley Home Health Care, Inc. P.O. Box 8308 Columbus, Georgia 31908 (404) 563-8600
86. Ralph E. Robinson Georgia Association of Home Health Agencies 1230 Baxter Street Athens, Georgia 30613 (404) 548-7581
87. John Samuel Prickett, Jr. American Association of Retired Persons (AARP) 3267 Wiltshire Drive Avondale Estates, Ga. 30002 (404) 294-7165

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88. Ronald E. Widener Georgia Independent Auto Dealers Association P.O. Box 44011 Atlanta, Georgia 30336 (404) 941-4814
89. Jack Guy Charlesworth National Auto Auction Assn. 4900 Buffington Road Red Oak, Georgia 30272 (404) 762-9211
90. Stephen P. Georgeson Sears, Roebuck and Company 675 Ponce de Leon Avenue, N.E. Atlanta, Georgia 30395 (404) 885-3575
91. Clint G. Sweazea Air Transport c/o Delta Airlines Hartsfield Atlanta International Airport Atlanta, Georgia 30320 (404) 765-2455
92. Gary Paul Fowler Georgia Branch/General Contractors of America 147 Harris Street, N.W. Atlanta, Georgia 30313 (404) 522-5941
93. Joseph Robinson Parrott ITT Rayonier 5526 Old National Highway Suite D College Park, Georgia 30349 (404) 763-4747
94. Joseph A. Johnson, Jr. City of East Point 2777 East Point Street East Point, Georgia 30344 (404) 765-1001
95. Clovis E. Horton City of East Point City Hall East Point, Georgia 30344 (404) 765-1015
96. Art Must, Jr. Common Cause 437 East Ponce de Leon Avenue Decatur, Georgia 30030 (404) 373-8697

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97. Don Cargill Business Council of Georgia 181 Washington Street, S.W. Atlanta, Georgia 30303 (404) 223-2284
98. Vickie B. Mabry Business Council of Georgia 181 Washington Street, S.W. Atlanta, Georgia 30303 (404) 223-2284
99. John K. Lawrence Business Council of Georgia 5757 N. Omni International Atlanta, Georgia 30335 (404) 223-2264
100. Adele Marie Ward League of Women Voters of Ga. 100 Edgewood Avenue, N.E. Atlanta, Georgia 30303 (404) 522-VOTE
101. VOID
102. Janice D. White South Eastern Fabricare Assn. 3401 Norman Berry Drive Atlanta, Georgia 30344 (404) 763-4741
103. James S. Reebals Alan and Associates 1 Perimeter Way Suite 103 Atlanta, Georgia 30339
104. Elaine R. Davis American Home Health Care 1322 Columbia Drive Decatur, Georgia 30032 (404) 288-6733
105. Emma Jean Buice American Home Health Care, Inc. 1322 Columbia Drive Decatur, Georgia 30032 (404) 289-6657
106. Patricia S. Sanders American Home Health Care of Ga., Inc. 1322 Columbia Drive Decatur, Georgia 30032 (404) 288-6733

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107. F. Thomas Longerbeam Motor Vehicle Manufacturers Assn. of the United States, Inc. 5 Dunwoody Park Suite 113 Atlanta, Georgia 30338 (404) 394-8632
108. C. Robert Smith Georgia Association of Assessing Officials 6754 Broad Street Douglasville, Georgia 30134 (404) 949-2000 Ext. 231
109. Joe F. Ragland Georgia Chamber of Commerce Executives Association P.O. Box 1200 Columbus, Georgia 31920 (404) 327-1566
110. Shirley A. Brother League of Women Voters 119 Pharr Road, N.W. #B-2 Atlanta, Georgia 30305 (404) 237-2366
111. Demetrius Mazacoufa Georgia Nurses Association Suite 1525 Healey Building Atlanta, Georgia 30303 (404) 581-0080
112. Frank L. Carter Georgia Textile Manufacturers Association, Inc. 2640 NBG Building Atlanta, Georgia 30303 (404) 688-0555
113. Robert R. King Georgia Hospitality and Travel Association 148 International Blvd. Suite 625 Atlanta, Georgia 30303 (404) 577-5888
114. Charles H. Lindsay Georgia Telephone Association Suite 8 1900 Century Blvd. Atlanta, Georgia 30033 (404) 321-5440
115. Retty Bowen Association for Retarded Citizens of Atlanta 1687 Tully Circle, N.E. Suite 110 Atlanta, Georgia 30329 (404) 321-0877

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129

116. William Alexander City of Atlanta 68 Mitchell Street Atlanta, Georgia 30335 (404) 658-6107
117. Joseph A. Sports Independent Bankers Association Catrala of Georgia International Horizons Kunian Enterprises Kree Institute Financial Service Corp. 626 Candler Building c/o Joe Sports Associates Inc. Atlanta, Georgia 30303 (404) 659-3551
118. O'Lester J. Kinard Labor/Mental Health 20 Mockingbird Circle Rome, Georgia 30161 (404) 232-1917
119. James W. Moyer American Association Retired Persons 2916 Pare Lorraine Decatur, Georgia 30038 (404) 981-2395
120. Fred W. Bell American Association Retired Persons 2940 Tejas Trail, S.W. Atlanta, Georgia 30331 (404) 349-1908
121. Charles Roger Grantland Great Southern Paper Company P.O. Box 44 Cedar Springs, Ga. 31723 (912) 372-5499
122. Glenn Newsome Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035 (404) 289-5867
123. Willie E. Coleman Christians Against Hunger in Ga. 201 Washington Street, S.W. Atlanta, Georgia 30303 (404) 588-1458
124. Gale Annette Walldorff East Lake Association of Neighbors 2107 East Lake Road Atlanta, Georgia 30307 (404) 378-3425

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125. Edwin B. Topmiller Georgia Sport Shooting Association P.O. Box 9748 Atlanta, Georgia 30319 (404) 636-7970
126. Richard Edgar Hitt Mental Health Association 100 Edgewood Avenue, N.E. Suite 502 Atlanta, Georgia 30303 (404) 522-9910
127. Billie Jean Turnbull Atlanta/Fulton League of Women Voters 45 Eleventh Street, N.E. Atlanta, Georgia 30309 (404) 874-0028
128. Sandi A. Maloney Atlanta/Fulton League of Women Voters 45 Eleventh Street, N.E. Atlanta, Georgia 30309 (404) 874-0028
129. Pat P. Gardner Georgia Psychological Assn. 100 Edgewood Avenue, N.E. Suite 1250 Atlanta, Georgia 30303 (404) 688-0705
130. Dereda C, Taylor Informed Health Care Assn. of Ga., Inc. Georgia Women's Coalition for Medical Freedoms Inc. 1181 Melrose Drive Clarkston, Georgia 30021 (404) 299-2701
131. Henry Paul Zimmer United Way of Metropolitan Atlanta Georgia Association of United Ways 100 Edgewood Avenue, N.E. Atlanta, Georgia 30371 (404) 522-0110
132. Susan Battige Lindsay Georgia NOW 1333 N. Highland Avenue, N.E. Atlanta, Georgia 30306 (404) 876-2220
133. Dr. J.C. Mullis Georgia Retired Teachers Assn. 824 South Milledge Athens, Georgia 30605 (404) 546-7852

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131

134. Peter L. Banks Miller Brewing Company Atlanta Gas Light Company ARA Services, Inc. Massachusetts Mutual Life Insurance Company 3300 First Atlanta Tower Atlanta, Georgia 30383 (404) 581-8000
135. John Brian Johnstone AT&T and Affiliated Companies P.O. Box 7800 1200 Peachtree Street, N.E. 400 Colony Square, Room 1110 Atlanta, Georgia 30357 (404) 873-8534
136. Carolyn W. Lee Georgia Association of Educators 3951 Snapfinger Pkwy. Decatur, Georgia 30035 (404) 289-5867
137. Jack Molnar Union Carbide Corporation 17 Executive Park Drive Atlanta, Georgia 30329 (404) 320-3560
138. Frank T. Bunch Chevron U.S.A. Inc. P.O. Box 1706 Atlanta, Georgia 30301 (404) 955-1200
139. Edmund C. Martin Georgia School Food Service Assn. 3951 Snapfinger Road Decatur Georgia 30045 (404) 289-2283
140. Joseph A. Parker Georgia Hospital Association North Northwest Office Park Atlanta, Georgia 30339 (404) 955-0324
141. Jack Knox Acree Professional Association of Georgia Educators 2015 Montreal Road Tucker, Georgia 30084 (404) 938-6803
142. Jim H. Williams Georgia Association of Educators 3951 Snapfinger Pkwy. Decatur, Georgia 30035 (404) 289-5867

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143. Kay H. Pippin Georgia Association of Educators 3951 Snapfinger Pkwy. Decatur, Georgia 30035 (404) 289-5867
144. Albert Sidney Johnson National Automobile Association Johnson and Montgomery 2900 Chamblee-Tucker Road Atlanta, Georgia 30341 (404) 458-2888
145. Paul Fred Wohlgemuth Common Cause 1093 Delem Drive Clarkston, Georgia 30021 (404) 292-3229
146. Fred B. Kitchens, Jr. Wine and Spirits Wholesalers of Georgia Six Piedmont Center Suite 414 3525 Piedmont Road, N.E. Atlanta, Georgia 30305 (404) 261-4518
147. G. Franklin Shumake Professional Assn. of Ga. Educators 10 Tallulah Lane Tallulah Falls, Georgia 30573 (404) 754-6059
148. Richard William Moore Atlanta Gas Light Company P.O. Box 4569 Atlanta, Georgia 30302 (404) 572-0843
149. Cheatham E. Hodges, Jr. Georgia Catholic Conference Assn. of Private Colleges and Universities in Ga. Georgia Mortgage Brokers Assn. First Atlanta Tower Suite 2129 Atlanta, Georgia 30383 (404) 525-2212
150. Robert P. Kennedy, Jr. International Cultural Center 268 Rumson Road, N.E. Atlanta, Georgia 30305 (404) 231-2268

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133

151. John P. Gartin State Farm Insurance Company 1 State Farm Plaza Bloomington, 111. 61701 (309) 766-3508

152. Vernon Duncan State Farm Insurance Company 8001 Baymeadows Way Jacksonville, FL 32296 (904) 739-7502

153. Ansel L. Bradley State Farm Insurance Company 1580 Beaver Ruin Road Norcross, Georgia 30093 (404) 925-6580

154. Richard J. Burrell Household International 981 Guys Court Lilburn, Georgia 30247 (404) 972-3339

155. L.W. Scott Mall Miller Brewing Company 30 Perimeter Center East Suite 110 Atlanta, Georgia 30346 (404) 394-7510

156. Jeff A. Rooks Georgia Federation of College Republicans 312 Oakgrove Road Carrollton, Georgia 30117 (404) 832-7648

157. Frank Maxwell Conner Alston and Bird 35 Broad Street Atlanta, Georgia 30309 (404) 586-1611

158. Kierson Joseph Shanahan Alston and Bird 1200 C & S National Bank Bldg. 35 Broad Street Atlanta, Georgia 30303 (404) 586-1500

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159. Aubrey Thompson Villines, Jr. Georgia Chiropractic Association Consulting Engineers Council of Georgia Georgia Assn. of Home Health Agencies Georgia Assn. of Marriage and Family Therapy National Assn. of Social Workers (Ga. Chapter) Georgia Personnel and Guidance Assn. 1260 So. Omni International Atlanta, Georgia 30303 (404) 577-9144
160. John W. Cox Georgia Association of Realtors 3200 Presidential Drive Atlanta, Georgia 30340 (404) 451-1831
161. Charles A. Wollmer Common Cause 1971 Clairmeade Avenue Atlanta, Georgia 30329 (404) 634-1968
162. Ellen B. Coody, Jr. Georgia Vocational Assn. 35 Executive Park Drive, N.E. Atlanta, Georgia 30329 (404) 636-7539
163. Clyde C. Pearce Professional Assn. of Ga. Educators 7380 Asbury Drive Lithonia, Georgia 30058 (404) 482-6441
164. James W. McAllister City School Systems of Ga. Professional Assn. of Ga. Educators 303 Waverly Way LaGrange, Georgia 30240 (404) 884-7861
165. Florence S. Flanders Professional Assn. of Ga. Educators 1796 Briarlake Circle Decatur, Georgia 30033 (404) 325-4252
166. Dixon M. Glover Professional Assn. of Ga. Educators 1240 Clairmont Road Decatur, Georgia 30030 (404) 325-3900

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135

167. Thomas G. Cook Georgia Pharmaceutical Assn. 2520 Carroll Avenue Atlanta, Georgia 30341 (404) 451-1336
168. Brian R. Foster C & S National Bank 99 Annex Atlanta, Georgia 30303 (404) 581-4837
169. William D. Padgett Trust Company of Georgia P.O. Box 4418 Atlanta, Georgia 30302 (404) 588-8681
170. S. Alien Norris Alien Norris and Associates 1760-P Venlo Court Marietta, Georgia 30067
171. Stephen E. Janas Georgia Dental Association 2951 Flowers Road, South Atlanta, Georgia 30341 (404) 459-6166
172. E. Wayne Stanford Georgia Grocers Association 1465 Northside Drive Atlanta, Georgia 30325 (404) 352-3320
173. Sharon Marie Brekke Georgia Nurses Association 543 W. Peachtree Street, N.W. Atlanta, Georgia 30308 (404) 892-4411 Ext. 527
174. Judith H. Rhodes League of Women Voters of Ga. 100 Edgewood Avenue, N.E. Suite 1010 Atlanta, Georgia 30303 (404) 522-8683
175. Granilin John Parrish SELF 2807 Misty Waters Drive, # 13 Decatur, Georgia 30032 (404) 284-5584
176. Col. John W. Callaway The Georgia Retired Officers Assn. 1245 Tower Place Atlanta, Georgia 30026 (404) 981-7802

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177. Julius A. Mire CONOCO Industries and Dupont 219 Perimeter Center Pkwy Atlanta, Georgia 30338 (404) 395-0273
178. Stephen Michael Alterman Georgia Retail Association 600 Selig Drive Atlanta, Georgia 30336 (404) 691-3060
179. Virgil T. Smith Life Chiropractic College P.O. Box 20289 Atlanta, Georgia 30325 (404) 977-5132
180. Herman L. Moore Georgia Pacific Corporation 133 Peachtree Street, N.E. Atlanta, Georgia 30303 (404) 521-4756
181. Judy Ford Stokes Georgia Dietetic Association 2041 W. Wesley Road, N.W. Atlanta, Georgia 30327 (404) 352-1943
182. Monty M. Veazey 3-M Company L.P. Gas Association Georgia Dietetic Association P.O. Box 1572 Tifton, Georgia 31794 (912) 382-6443
183. W.A. "Bill" Hathaway Federal-Military Retiree Committee 1067 McConnell Drive Decatur, Georgia 30033 (404) 634-2811
184. Jack W. Houston GAPR 900 N. Hairston Road, Suite D Stone Mountain, Georgia 30083 (404) 296-0305
185. Anthony L. Jenkins Seventh Day Adventist Church 40 Carter Avenue, N.E. Atlanta, Georgia 30317 (404) 378-9662

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137

186. P. Lavoy Johnson Citizens United for Research of Educators Georgia Association of Christian Schools Georgia Independent Baptist Fellowship Forrest Hills Baptist Church 1074 Rock Chapel Road Lithonia, Georgia 30058 (404) 482-2873
187. Edward Gailes Georgia Association of Physician Assistants P.O. Box 2047 Decatur, Georgia 30031 (404) 688-2416
188. Janet Dalton Kessler Atlanta Chamber of Commerce 1300 North Omni International Atlanta, Georgia 30303 (404) 521-0345
189. Linda G. Womack Georgia Electric Membership Corporation 148 International Blvd. Suite 845 Atlanta, Georgia 30043 (404) 659-3430
190. Donald V. D'Errico Cardinal Industries Inc. 4601 Welcome All Road College Park, Georgia 30349 (404) 768-8102
191. Lynn L. White Georgia Day Care Association 920 Green Street Conyers, Georgia 30207 (404) 483-1042
192. Suzanne C. Grace Georgia Day Care Assn. 920 Green Street Conyers, Georgia 30207 (404) 483-2408
193. William Grady Sanders Georgia Association of Broadcasters 6065 Roswell Road Suite 604 Atlanta, Georgia 30328 (404) 252-0964
194. Jack D. Howard Norfolk Southern Corporation 125 Spring Street, S.W. Atlanta, Georgia 30308 (404) 529-2003

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195. Kathy T. Chaffin Georgia Press Association 1075 Spring Street, N.W. Atlanta, Georgia 30309 (404) 872-2467
196. Edna J. Waits Georgia Press Association 1075 Spring Street, N.W. Atlanta, Georgia 30303 (404) 872-2467
197. T. Rogers Wade Watkins Associated Industries, Inc. 1958 Monroe Drive, N.E. Atlanta, Georgia 30324 (404) 872-3841
198. Tone Garrett Georgia Asphalt Pavement Assn. 1000 Circle 75 Parkway Suite 630 Atlanta, Georgia 30339 (404) 952-5055
199. Richard Hollis Woodward Atlanta Gas Light Company P.O. Box 4569 Atlanta, Georgia 30302 (404) 572-0774
200. Mark Lee Stevens Georgia Farm Bureau Federation P.O. Box 7068 Macon, Georgia 31298 (912) 474-8411 Ext. 2828
201. C.D. Ellington Apartment Owners and Managers Association 5600 Roswell Road, 360N Atlanta, Georgia 30342 (404) 256-2831
202. Nancy C. Birkeland Apartment Owners and Managers Association, Inc. 5600 Roswell Road, Suite 360N Atlanta, Georgia 30342 (404) 256-2381
203. Percy Taylor Marchman Cotton States Insurance Company P.O. Box 888242 Dunwoody, Georgia 30356 (404) 393-5359

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139

204. Robert W. Stockmeier Calvary Temple Bible Church 2566 Sylvan Road East Point, Georgia 30344 (404) 767-0454
205. Alan Dale Egerdahl, CT ACUC 3400 Interloop Road Atlanta, Georgia 30320 (404) 762-0662
206. Frank D. Roberts Georgia Fraternal Order of Police 714 B. Moreland Avenue, S.E. Atlanta, Georgia 30316 (404) 627-5942
207. Thomas M. Boiler Georgia Power Company 333 Piedmont Avenue, N.E. Atlanta, Georgia 30302 (404) 526-6929
208. Hollis M. Tinsley Georgia State Council of Machinists 4362 Thurmond Road Forest Park, Georgia 30350 (404) 363-2279
209. William C. Archer, HI Georgia Power Company 333 Piedmont Avenue, N.E. Atlanta, Georgia 30308 (404) 526-6946
210. Bob Short Hospital Corporation of America Federation of Ga. Hospitals Bob Short and Associates, Inc. Box 98007 Atlanta, Georgia 30759 (404) 955-2467
211. Harold Glenn Anthony Georgia Forestry Association 1209 Cain Tower Atlanta, Georgia 30339 (404) 522-0951
212. Howard A. Gold Child Service & Family Counseling Service Center, Inc. 1105 W. Peachtree St., N.W. Atlanta, Georgia 30309 (404) 873-6916

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213. Joe Brannen Georgia Bankers Association 320 William Oliver Building Atlanta, Georgia 30303 (404) 521-1501
214. Jerry S. Porter Solar Energy Industries Association of Georgia 301 Perimeter Center North Atlanta, Georgia 30346 (404) 396-1730
215. John E. Rollins Citicorp 5775 Peachtree Dunwoody Road Atlanta, Georgia 30342 (404) 252-7733
216. Charlotte A. Gattis Georgia Manufactured Housing Association 1000 Circle 75 Pkwy Atlanta, Georgia 30339 (404) 955-4522
217. Janice B. Hofmann Pru-Care 229 Peachtree St., N.E. Atlanta, Georgia 30303 (404) 659-1444
218. Jim Gray American Medical International Pru-Care Grady Hospital Tobacco Institute 229 Peachtree Street, N.E. Atlanta, Georgia 30309 (404) 659-1444
219. Linda G. Edmonds Georgia Optometric Association P.O. Box 36313 Decatur, Georgia 30032 (404) 296-3130
220. Neill Herring Georgia Association of Railroad Passengers 581 Greenwood Avenue Atlanta, Georgia 30308 (404) 875-3767
221. E.B. Johnson CWA Political Council 125 Reese Street Athens, Georgia 30613 (404) 548-9023

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222. Charlie Brown CWA Political Council 1926 Coventry Drive Columbus, Georgia 31904 (404) 323-7722
223. Carl D. Rudin CWA 2502 Woodtrail Village Norcross, Georgia 30092 (404) 339-6728
224. Claude McGuinn CWA Political Council Box 642 Decatur, Ga. 30031 (404) 496-3969
225. Frank F. Molock CWA Political Council 2106 Austell Road Marietta, Georgia 30060 (404) 435-9920
226. J. Danny Faulkner CWA Political Council Rt. 1, Box 119A1 Milner, Georgia 30257 (404) 358-1411
227. Jay S. Ricketts Georgia Association of Criminal Defense Lawyers 615 A. Peachtree West Building 161 Spring Street Atlanta, Georgia 30303 (404) 523-0568
228. James L. Mynes ITT Consumer Financial Corp. P.O. Box 1513 Decatur, Alabama 35602 (205) 353-3137
229. James E. Dyer Fraternal Order of Police 3028 Empire Blvd. Atlanta, Georgia 30354 (404) 762-1950
230. Gene C. Russo CWA Political Council 3516 Covington Hwy Decatur, Ga. 30032 (404) 296-5553

142

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231. Nettie Walraven CWA Political Council 116 Burnt Hickory Circle Douglasville, Ga. 30134 (404) 949-5451
232. Bryce Holcomb Georgia Soft Drink Assn. 2508 Carroll Avenue, Suite 104 Chamblee, Georgia 30341 (404) 457-0576
233. Vita R. Ostrander American Assn. of Retired Persons 1839 Mt. Royal Drive, N.E. Atlanta, Georgia 30329 (404) 634-5522
234. Lynne Randall Georgia Abortion Rights Action League 61 Waverly Way, N.E. Atlanta, Georgia 30307 (404) 874-7551
235. John H. Thomas Solar Energy Industries Assn. of Ga. Ga. Burglar and Fire Alarm Assn. Inc. Public Service Displays Inc. Williams Group Inc. 6890 Peachtree Industrial Blvd. Doraville, Georgia 30360 (404) 447-4611
236. Laura Joyce Moriarty League of Women Voters of Georgia 5265 Golf Valley Drive Stone Mountain, Georgia 30088 (404) 469-1518
237. Lithangia S. Robinson Cobb County Retired Teachers 2880 Valley Heart Drive, N.W. Atlanta, Georgia 30318 (404) 691-8720
238. George Thomas Hunt, III Ga. Health Care Association 3735 Memorial Drive Decatur, Ga. 30032 (404) 284-8700

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143

239. Julianne Givens Goecke Ga. Environmental Council Ga. Residential Child Care Assn. Probate Judges Assn. Council of Magistrate Court Judges P.O. Box 15123 Atlanta, Georgia 30333 (404) 377-6048
240. H.M. Fulbright Ga. Assn. of Educational Leaders 301 Ferndale Road Carrollton, Ga. 30117 (404) 834-1914
241. Larry Alan Whitlock SELF 6 Executive Park Drive Suite 260 Atlanta, Georgia 30326 (404) 321-0203
242. Mary Ellen Hodges Ga. Catholic Conference Assn. of Private Colleges and Universities in Ga. Ga. Mortgage Bankers Assn. First Atlanta Tower Suite 2129 Atlanta, Georgia 30383 (404) 525-2212
243. David Farmer Alliance of American Insurers 235 Peachtree Street Suite 1606 Atlanta, Georgia 30343 (404) 588-0517
244. John T. Mitchell Mercer University 1400 Coleman Street Macon, Georgia 31207 (912) 744-2777
245. Betsey B. Stone Public Assistance Coalition 900 W. Wesley Road Atlanta, Georgia 30327 (404) 355-6009
246. Bob Bullington United Transportation Union P.O. Box 80763 Chamblee, Georgia 30366 (404) 938-7373

144

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247. Robert G. Young Fulton County 1902 Cain Tower Peachtree Center Atlanta, Georgia 30303 (404) 523-5083
248. Frank Bacon, Sr. Freeport Kaolin Company P.O. Box 37 Gordon, Ga. 31031 (912) 628-7198
249. Coy R. Johnson Georgia Assn. of Life Insurance Company 112 N. Main Street Cummings, Ga. 30130 (404) 887-7761
250. J. Larry Williams Distilled Spirits Council of The U.S. Inc. Box 87 Calvary, Ga. 31729 (912) 872-3680
251. Stanley H. McCalla Mortgage Bankers of Ga. 211 Perimeter Center Pkwy Atlanta, Ga. 30346 (404) 391-9800
252. Marie Steinmeier Georgia Women Coalition for Medical Freedom Informed Health Care Assn. 3985 Lyndfield Court College Park, Ga. 30349 (404) 349-2338
253. Bonnie D. Winfrey Georgia Women Coalition for Medical Freedom Informed Health Care Assn. 5310 Old Bill Cook Road College Park, Ga. 30349 (404) 768-4072
254. Roy A. Hanson Metro Atlanta Crime Commission 100 Edgewood Avenue, S.E. Atlanta, Ga. 30303 (404) 524-6487
255. Gene Slade Metro Atlanta Crime Commission 100 Edgewood Avenue, S.E. Atlanta, Ga. 30303 (404) 524-6487

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145

256. Ovid H. Stephenson State Career & Retired Employees Assn. 1977 Ridgewood Drive, N.E. Atlanta, Ga. 30307 (404) 636-7667
257. J. Robert Benton Wine Institute P.O. Box 895 Jonesboro, Ga. 30237 (404) 477-0727
258. John A. Blackmon Atlanta Convention & Visitors Bureau Citicorp and Affiliates Ga. Automobile Dealers Assn. Ga. Hospitality and Travel Assn. Ga. Thorobred Owners and Breeders Association A.E. Staley M Company 2400 First Atlanta Towers Atlanta, Georgia 30383 (404) 656-1800
259. Herbert H. Mabry Georgia AFL-CIO 501 Pulliam Street, S.W. Atlanta, Georgia 30312 (404) 525-2793
260. Steve Levetan Georgia Assn. of Scrap Processors 80 Milton Avenue, S.E. Atlanta, Georgia 30315 (404) 622-8124
261. Calvin E. Sims Amalgamated Transit Union 732 2865 Cloverleaf Drive, S.E. Atlanta, Georgia 30316 (404) 243-3492
262. Ronald. L. Cain United Steelworkers Local Union 7731 P.O. Box 159 Perry, Georgia 31069 (912) 987-5215
263. Maureen M. Lok League of Women Voters of Ga. 3793 Raccoon Run Marietta, Ga. 30062 (404) 971-8521

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264. Helen H. Craig League of Women Voters of Ga. 4430 Old Grogan Road Acworth, Ga. 30101 (404) 997-7400
265. John G.R. Bankhead Tobacco Institute 2601 Flowers Road South Atlanta, Ga. 30341 (404) 455-6357
266. Herman C. Beide Texaco Inc. Box 4582 Atlanta, Georgia 30302 (404) 321-6450
267. John F. Chambless Associated General Contractors 147 Harris Street, N.W. Atlanta, Georgia 30313 (404) 522-5941
268. Herb Green United Auto Workers 1280 Winchester Pkwy. Suite 131 Smyrna, Georgia 30080 (404) 432-0701
269. Void
270. Wendy Lipshutz Cobb County YWCA Battered Women's Program 3379 Aztec Road #10-F Doraville, Georgia 30340 (404) 457-0103
271. Tony Lamar Hightower Georgia Alcohol Business Association Suite 1508 235 Peachtree St., N.E. Atlanta, Georgia 30303 (404) 577-5391
272. G. Scott Johnson Exxon Company, U.S.A. P.O. Box 60626 New Orleans, La. 70160 (504) 561-3360
273. W.A. Binns Union Camp Corporation P.O. Box 570 Savannah, Georgia 31406 (912) 238-7327

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274. Jim Morrison Georgia Wildlife Federation 4019 Woburn Drive Tucker, Georgia 30084 (404) 934-1955
275. John M. Willis Informed Health Care Assn. of Ga. Inc. Georgia State Assn. of Naturopathic Physicians, Inc. 3148 Bobolink Drive Decatur, Georgia 30032 (404) 288-0888
276. Sue Ella Deadwyler Georgia Women's Forum 4168 Rue Antoinette Stone Mountain, Ga. 30083 (404) 294-4919
277. Jeanette Cain Workers of Middle Ga. P.O. Box 159 Perry, Georgia 31069 (912) 987-5215
278. Gerald Brown Amalgamated Clothing Textile Union 109 Adair Drive Calhoun, Georgia 30701 (404) 629-3131
279. F.D. Hightower Lobbying Americans 2827 Norgate Lane Decatur, Georgia 30034 (404) 243-9522
280. Eugene L. Gibson Christians Concerned for Education 3221 Hickory Crest Drive Marietta, Georgia 30064 (404) 422-8381
281. Mary F. Agraz Ga. League of Women Voters 538 Heyward Circle, N.W. Marietta, Ga. 30064 (404) 428-2598
282. David A. Luke Ga. Sport Shooting Assn. 615 Durham Drive Port Richey, FL 33668 (813) 863-1854

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283. June Devereux American Assn. of Retired Persons 2092 McDuffie Road Austell, Ga. 30001 (404) 948-3849
284. Maynard A. Mobley American Assn. of Retired Persons 5332 Orchard Place Lake City, Ga. 30260 (404) 361-2498
285. Jean H. Fountain Georgia Recreation & Park Society 4319 Covington Hwy # 209 Decatur, Ga. 30035 (404) 284-5628
286. Albert E. Johnson City of Alpharetta 120 North Trace Alpharetta, Ga. 30201 (404) 475-9566
287. Wilton Hill Ga. School Bus Drivers Assn. Box 158 Reidsville, Ga. 30453 (912) 557-4201
288. William F. Morie Ga. Auto Dealers Assn. Ga. Hwy Users G.S.A.E. 1380 W. Paces Ferry Road, N.W. Atlanta, Ga. 30327 (404) 237-1658
289. Andrew H. Griffin, Jr. Ga. Assn. of Educators 1180 Lynway Lane, S.W. Atlanta, Georgia 30311 (404) 696-1695
290. Thomas L. Dye Amalgamated Transit Union Local 732 1468 Patricia Drive Morrow, Georgia 30260 (404) 961-2123
291. Harriet J. Macklin Ga. Housing Coalition 351 Park Avenue Atlanta, Georgia 30312 (404) 523-0896

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292. Joan R. Cates Ga. Housing Coalition 250 Georgia Avenue, S.E. Room 330 Atlanta, Georgia 30312 (404) 523-0896
293. Jessie S. Walker Ga. School Food Service Assn. 3951 Snapfinger Pkwy. Suite 585 Decatur, Ga. 30035 (404) 289-2283
294. George E. Beveridge AARP-Oakgrove Chapter 1886 Bedfordshire Court Decatur, Ga. 30033 (404) 633-1604
295. George H. Dixon AARP-Oakgrove Chapter 1971 Briarlyn Court Atlanta, Georgia 30345 (404) 634-5077
296. Gwen B. Metzger Georgia Women's Forum 1478 Diamond Head Drive Decatur, Georgia 30033 (404) 636-9845
297. William J. Shortt Johnson and Johnson 139 Skyland Drive Cornelia, Georgia 30531 (404) 778-4257
298. Henry G. Irby, Sr. Cable News Magazine 2594 Sylvan Road East Point, Georgia 30344 (404) 766-4710
299. H. Gaston Irby, Jr. Calvary Temple 2594 Sylvan Road East Point, Ga. 30344 (404) 766-4710
300. Karen Lowman Georgia Nurses Association 5099 Whited Way Lilburn, Georgia 30247 (404) 921-1745

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301. H. Sidney Linton General Telephone Company of the So. East 320 Interstate North Pkwy. Atlanta, Georgia 30339 (404) 955-7515
302. Jim Newman Southern Bell Telephone Company 125 Perimeter Center West Atlanta, Georgia 30346 (404) 391-2281
303. Preston M. Collins Southern Bell Telephone Company 3580 Sunderland Circle, N.E. Atlanta, Georgia 30319 (404) 457-1234
304. Ed Deaton Ga. Association of Educators 2900 Britt David Road Columbus, Georgia 30909 (404) 322-3639
305. Harold E. Bryant Blue Cross/Blue Shield of Ga. 1906 Wells Drive Columbus, Ga. 31906
306. Jeff Bickerstaff American Family Life Assurance Company 1821 Iris Drive Columbus, Ga. 31906 (404) 327-5363
307. James C. Thompson United Auto Workers 1280 Winchester Pkwy. Suite 131 Smyrna, Ga. 30080 (404) 432-0701
308. Alan P. Long Greater Macon Chamber of Commerce P.O. Box 169 Macon, Ga. 31298 (912) 741-8012
309. Daniel Maclntyre Georgia Land Development Assn. 1750 Peachtree Street Suite 275 Atlanta, Georgia 30309 (404) 874-9500

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310. John C. Millican C.I.G.N.A. Insurance 6855 Jimmy Carter Blvd. Suite 1650 Norcross, Ga. 30071 (404) 449-8510
311. Leroy S. Wiley Clerk of Superior Court Sparta P.O. Box 395 Sparta, Georgia 31187 (404) 444-6644
312. Gerald W. Bowling Municipal Electric Authority of Ga. 100 Peachtree Street, N.E. Suite 200 Atlanta, Georgia 30303
313. Julian P. Harris, II Fulton County Assn. of Educators 5401 Old National Hwy. College Park, Ga. 30349 (404) 766-3257
314. Floyd E. Buddy Ayers, Sr. Homeworkers, Inc. 1142 Mohican Trail Stone Mountain, Ga. 30083 (404) 294-7382
315. Roy G. Davis, C.T. Calvary Temple Bible Church 3094 Jonesboro Road Fairburn, Georgia 30213 (404) 964-4962
316. R.L. "Scrap" Wheeler Fulton County Board of Education 4348 Herschel Road College Park, Ga. 30337 (404) 768-3600
317. John Tye Ferguson Fulton County Development Authority of Fulton County 1050 Peachtree Center Cain Tower Atlanta, Georgia 30303 (404) 588-0888
318. Jim Groome Mead Corporation P.O. Box 4417 Atlanta, Georgia 30302 (404) 875-2711

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319. Rhonda Caudell Vocational Placement Services Inc. 176 Camp Creek Road Lilburn, Georgia 30247 (404) 921-3253
320. Karen G. Sprouse Vocational Placement Services Inc. 2582 West Regal Court Lawrenceville, Ga. 30245 (404) 923-4676
321. Patrice A. Pop 971 Rupley Drive, Apt. 1 Atlanta, Georgia 30306 (404) 892-2617
322. Arleigh R. Stein GARAL 3201 Oakbrook Lane Clarkston, Ga. 30021 (404) 296-2775
323. Margie Rawn GARAL 6010 Spalding Drive Doraville, Ga. (404) 396-5447
324. Lisa D.L. Quankenbush GARAL 300 Home Park Ave., N.W. #1106 Atlanta, Georgia 30318 (404) 897-1668
325. David McCord National Assn. of Social Workers Image 1069 Juniper Street, N.E. Atlanta, Georgia 30309 (404) 874-7761
326. David L. Crow National Assn. of Social Workers 2126 Wisteria Way, N.E. Atlanta, Ga. 30317 (404) 378-3061
327. Thomas A. Carson Common Cause 2095 Glendale Drive Decatur, Georgia 30032 (404) 288-4449
328. William H. Hosch Bank South, N.A. P.O. Box 4387 Atlanta, Georgia 30302 (404) 529-4783

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329. William M. Galardi Bank South, N.A. P.O. Box 4387 Atlanta, Georgia 30302 (404) 529-4967
330. Judy Baird Aetna Life and Casualty Ga. State Assn. of Life Underwriters 77 East Andrews Drive, N.W. Atlanta, Georgia 30305 (404) 237-8545
331. Janet P. Callum GARAL 1069 Berne Street, S.E. Atlanta, Georgia 30316 (404) 624-4922
332. Michael R. Fowler Georgia Manufactured Housing Assn. 1000 Circle 75 Pkwy. Suite 060 Atlanta, Georgia 30339 (404) 955-4522
333. Patricia C. Gibson Christians Concerned for Education 3221 Hickory Crest Drive Marietta, Georgia 30064 (404) 422-8381
334. John A. Helms Life Insurance Company of Ga. 600 West Peachtree Street, N.W. Atlanta, Georgia 30365 (404) 898-1525
335. Carl T. Martin Empire Distributors Inc. Ga. Dump Truck Assn. 657 Park Drive, N.E. Atlanta, Georgia 30306 (404) 892-4421
336. Roger T. Lane Georgia Oilmen's Assn. 3300 N.E. Expressway Suite 8P Atlanta, Georgia 30278 (404) 451-5916
337. Joy Huie Ga. School Food Service Assn. 5170 Woodland Drive Forest Park, Ga. 30060 (404) 366-5835

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338. Anne M. Shearer Junior League of Atlanta 3875 Tuxedo Road, N.W. Atlanta, Georgia 30342 (404) 262-1145
339. Earl Dean Rector International Assn. of Machinists & Aerospace Workers Local 709 94 Olive Circle Marietta, Georgia 30060 (404) 436-4633
340. William W. Whitton International Assn. of Machinists & Aerospace Workers Local 709 Route 1, Box 421 Bremen, Georgia 30110 (404) 537-3145
341. Carl Mason International Assn. of Machinists & Aerospace Workers Local 709 3790 Brookway, S.W. Atlanta, Georgia 30331 (404) 691-3653
342. Connie Shaw Georgians for Freedom in Education 4818 Joy Lane Lilburn, Georgia 30247 (404) 923-9932
343. Judy Pruitt SELF 1518 Eason Court Norcross, Ga. 30093 (404) 923-0234
344. Gregory Alien Paulus Ga. Student Assn. Emory Student Government P.O. Box 22428 Emory University Atlanta, Georgia 30322 (404) 321-6801
345. Jana Argo Georgia Dietetic Association 2391 Northlake Court Atlanta, Georgia 30345 (404) 491-8320
346. Ave Bransford Georgia Dietetic Association 275 Cameron Ridge Drive, N.W. Atlanta, Georgia 30328 (404) 952-1455

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347. Robert W. Chambers, Jr. Georgia Press Association Box 912 Athens, Georgia 30613 (404) 549-0123
348. Ronald D. Corley SELF 5166 Clearwater Drive Stone Mountain, Ga. 30087 (404) 469-7646
349. Patricia L. Corley SELF 5166 Clearwater Drive Stone Mountain, Georgia 30087 (404) 469-7646
350. Wayne L. Bryan AAA Georgia Motor Club 1100 Spring Street, S.W. Atlanta, Georgia 30309 (404) 875-7171
351. L. Hamilton Taylor Intracorp 2155 Palmyra Drive Marietta, Ga. 30067 (404) 955-2877
352. Robert S. Kahn Ammandale at Suwanee, Inc. Association of American Publishers, Inc. 5195 Jimmy Carter Blvd. Norcross, Ga. 30093 (404) 449-8686
353. Sharon Adams Prime Cable of Ga. 695 Peoples Street, S.W. Atlanta, Georgia 30310 (404) 873-5000
354. Johnnie J. Jones Fort Valley State College Alumni Association 3053 Corbin Avenue Decatur, Ga. 30034 (404) 244-5998
355. Gary E. Jackson Fulton County Development Authority Suite 1550 The Peachtree Summit Building 401 W. Peachtree St., N.E. Atlanta, Georgia (404) 659-1320

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356. Helga Nehl Informed Health Care Assn. of Georgia Georgia Women's Coalition for Medical Freedom Atlanta School of Massage P.O. Box 129 Kingston, Ga. 30145 (404) 336-5521
357. Albert E. Nehl Informed Health Care Assn. of Georgia Georgia Women's Coalition for Medical Freedom, Inc. Atlanta School of Massage P.O. Box 129 Kingston, Ga. 30145 (404) 382-6080
358. Nancy K. Poole Troutman, Sanders, Lockerman & Ashmore 1400 Candler Bldg. Atlanta, Georgia 30043 (404) 658-8000
359. Edward W. Killorin Georgia Forestry Association State Bar of Georgia Georgia Defense Lawyers Assn. 1776 Cain Tower Peachtree Center Atlanta, Georgia 30303 (404) 659-1776
360. Earl T. Leonard, Jr. The Coca Cola Company P.O. Drawer 1734 Atlanta, Georgia 30301 (404) 676-2622
361. Lauren C. Steele The Coca Cola Company 774 Longwood Drive, N.W. Atlanta, Georgia 30305 (404) 676-2510
362. Connell Stafford The Coca Cola Company P.O. Drawer 1734 Atlanta, Georgia 30301 (404) 898-2652
363. Ben Shapiro American Sub-Contractors Association 2300 First Atlanta Tower Atlanta, Georgia 30383

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364. June Deen GARAL 401 Callan Circle, N.E. Atlanta, Georgia 30307 (404) 377-6061
365. Alethea K. Garnett Georgia - Pacific 1025 Jonathan Lane Tucker, Georgia 30084 (404) 491-3887
366. Ronald O. Byrd U.S.V. Laboratories 2051-B Lake Park Drive Smyrna, Georgia 30080 (404) 432-7048
367. William Bates Morehouse School of Medicine Interstate Paper Corporation Tobacco Institute Suite 812 161 Spring Street, N.W. Atlanta, Georgia 30303 (404) 588-1707
368. Linda S. Lowe Clients of Ga. Legal Services 133 Luckie Street, N.W. Atlanta, Georgia 30303 (404) 656-6021
369. Robert P. Constantine, Jr. American Assn. of Landscape Architects-Ga. Chapter Health Insurance Assn. of America Mag Mutual Insurance Company 1100 Peachtree Center Harris Tower Atlanta, Georgia 30018 (404) 525-1100
370. James J. Polak Georgia State Lodge Fraternal Order Police 4200 Rue Antoinette Stone Mountain, Ga. 30083 (404) 292-5082
371. Mary Margaret Oliver Clients of Ga. Legal Service Atlanta Legal Aid 500 Fidelity National Bank Decatur, Ga. 30030 (404) 378-2566

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372. Nancy F. Terrill Clients of Ga. Legal Service Atlanta Legal Aid 2474 Kingley Drive Macon, Georgia 31204 (912) 742-7498

SENATE CALENDAR
Monday, January 16, 1984
EIGHTH LEGISLATIVE DAY
SB 17 Emergency Telephone No. 911--multijurisdictional, regional toll free (Pub U--25th)
SB 316 Eminent Domain--appointment of guardian ad litem (Judy--42nd)
SB 353 City, County--conditions to enter into multiyear lease (FS&CAG--43rd)
SB 354 Employees' Retirement--redefine involuntary separation with and without prejudice (Ret--8th)
SB 355 Employees' Retirement--continued employment those involuntarily separated (Ret--8th)
SB 371 State Court Solicitors--change experience qualification (SUBSTI TUTE) (Judy--49th)
SR 19 Cities, Counties--incurring debt without referendum (SUBSTI TUTE) (FS&CA-G--43rd)
SR 274 Pension Laws--revise provisions on involuntary separation (Ret--8th)
HB 438 Stone Mountain Memorial Association--continue as Stone Mountain State Park Authority (SUBSTITUTE) (ED&T--46th)

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

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

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

Senator Bryant of the 3rd moved that he be excused from voting on SB 17, stating that he had a personal interest in the results.

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159

|

On the motion, the yeas were 44, nays 0; the motion prevailed, and Senator Bryant

I of the 3rd was excused from voting on SB 17.

<

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

Those voting in the affirmative were Senators:

Allgood

Barker

Barnes

Bond

Bowen

Brannon

Brantley

Broun of 46th

Brown of 47th

Burton

Cobb

Coggin

:.

Coleman

}

Coverdell

I

Dawkins

Deal

Dean

English

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

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

Those not voting were Senators Bryant (excused) and Timmons.

On the passage of the bill, the yeas were 54, nays 0.

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

SB 316. By Senator Howard of the 42nd:
A bill to amend Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, and Code Section 32-3-8 of the Official Code of Georgia Annotated, relating to service of process in proceedings for acquisition of property for public transportation purposes, so as to provide that in all con demnation cases the court in which the proceeding is filed shall appoint a guardian ad litem for parties who require a guardian ad litem.

Senator Howard of the 42nd offered the following amendment:

Amend SB 316 by striking on Page 6, line 6, the following: "1983",

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and inserting in lieu thereof the following: "1984".

Senator Howard of the 42nd moved that SB 316 be committed to the Senate Committee on Judiciary.
On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 316 was committed to the Senate Committee on Judiciary.
The President announced that pursuant to HR 475, adopted previously, the Senate would stand in recess from 10:55 o'clock A.M. until 11:00 o'clock A.M., the hour for the Joint Session of the Senate and House called for the purpose of unveiling the por trait of Honorable Richard A. Dent, and proceed back to the Senate Chamber as soon as the program was over.
The hour for convening the Joint Session of the Senate and House under the provi sions of HR 475 having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the chamber of the House of Representatives, and the Joint Session called for the purpose of unveiling the portrait of the late Mr. Richard A. Dent, as was provided for in SR 49, which was adopted in the 1983 session of the Georgia General Assembly, was called to order by the President of the Senate, Lieu tenant Governor Zell Miller.
The program was as follows:
Lieutenant Governor Miller appointed the Augusta/Richmond County Delegation of the General Assembly as a committee to escort Governor and Mrs. Joe Frank Har ris, Mrs. Richard A. Dent, Mr. B. L. Dent, and Judge and Mrs. Albert Thompson to the front of the Chamber. Lieutenant Governor Miller also recognized in the Gallery those City and County officials from Richmond County and friends of the Dent family.
The Clerk of the House of Representatives read SR 49 and some remarks were made by Honorable Thomas B. Murphy, Speaker of the House.
Governor and Mrs. Harris, members of the Richmond County Senate and House delegations, Mrs. Dent and guests were requested to stand by the portrait.
Senator Allgood of the 22nd introduced Mrs. Nancy Honea, the artist who painted the portrait, and Governor Harris unveiled the portrait.
Senator English of the 21st moved that the Joint Session be now dissolved, and the motion prevailed.

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161

The President of the Senate announced the Joint Session dissolved.

At 11:25 o'clock A.M., the President called the Senate to order.

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

Mr. President:

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

HB 1024. By Representatives Groover of the 99th, Evans of the 84th, Murphy of the 18th and others:
A bill 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.

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

SR 19. By Senator Scott of the 43rd:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for conditions and limitations whereby a county, municipality, or other political subdivision may incur debt without the necessity of a referendum; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA.
Section 1. Article IX, Section V of the Constitution is amended by striking Paragraph I in its entirety and substituting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. Debt limitations of counties, municipalities, and other political subdivisions, (a) The debt incurred by any county, munici pality, or other political subdivision of this state, including debt incurred on behalf of any special district, shall never exceed 10 percent of the assessed value of all taxable property within such county, municipality, or political subdivision; and, except as otherwise provided by subparagraph (c) of this Paragraph, no such county, municipality, or other politi cal subdivision shall incur any new debt without the assent of a majority

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of the qualified voters of such county, municipality, or political subdivi sion voting in an election held for that purpose as provided by law.

(b) Notwithstanding subparagraph (a) of this Paragraph, all local school systems which are authorized by law on June 30, 1983, to incur debt in excess of 10 percent of the assessed value of all taxable property
therein shall continue to be authorized to incur such debt.

(c) The General Assembly may by law authorize any county, mu nicipality, or other political subdivision of this state or any type or all of such political subdivisions to incur debt without the necessity of approval in a referendum on the question of incurring such debt, subject to the following limitations:
(1) The General Assembly may enact a local law applicable to a particular county, municipality, or other political subdivision only in the absence of a general law which is applicable to that political subdivision;

(2) Any debt incurred shall be included in the total outstanding indebtedness of the county, municipality, or other political subdivision for
the purpose of the limit on indebtedness specified by subparagraph (a) of
this Paragraph;

(3) The total debt incurred and outstanding at any time shall not exceed an amount which may be serviced, as to both principal and inter est, by the levy of an annual ad valorem tax by the applicable county, municipality, or other political subdivision not exceeding one mill;

(4) The debt incurred shall be for the construction of facilities which are reasonably necessary, as the General Assembly shall determine by law, to comply with federal or state laws or federal or state programs
required or authorized by federal or state laws; and

(5) Such other or additional limitations as the General Assembly may provide 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-

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163

ten or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to authorize the
General Assembly to provide by law for conditions and limitations whereby a county, municipality, or other po litical subdivision may incur debt without the necessity of a referendum?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to SR 19:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the condi tions under which counties and municipalities of this state may incur debt and to provide that revenue bonds and other obligations, if incurred to pro vide certain public facilities, shall constitute debt; to provide for the submis sion of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Section V of Article IX of the Constitution is amended by striking Paragraph I thereof, relating to debt limitations of counties, munici palities, and other political subdivisions, and inserting in its place a new Paragraph I to read as follows:
"Paragraph I. Debt limitations of counties, municipalities, and other political subdivisions, (a) The debt incurred by any county, munici pality, or other political subdivision of this state, including but not lim ited to debt incurred on behalf of any special district, shall never exceed 10 percent of the assessed value of all taxable property within such county, municipality, or political subdivision.
(b) Except for that debt authorized for counties and municipalities under subparagraph (c) of this Paragraph, no county, municipality, or other political subdivision of this state shall incur any new debt without the assent of a majority of the qualified voters of such county, municipal ity, or political subdivision voting in an election held for that purpose as provided by law.
(c) (1) A county or municipality may incur debt, the aggregate of which debt principal, excluding any debt principal incurred pursuant to subparagraph (b) of this Paragraph, does not exceed 1 percent of the assessed value of all taxable property within that county or municipality only as provided in this subparagraph. Debt incurred pursuant to this subparagraph may be incurred without the need to comply with subpara-

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graph (b) of this Paragraph, but the principal amount of that debt shall be included in the total outstanding indebtedness of the county or munic ipality for purposes of the limit on indebtedness specified by subparagraph (a) of this Paragraph.
(2) An amount not exceeding one-half of the total debt amount authorized by paragraph (1) of this subparagraph may be incurred by a county or municipality only for the provision of land, buildings, equip ment, or furnishings solely for use as jails, criminal correctional institu tions, or criminal detention facilities, but only when required by order of a federal court or a superior court of this state.
(3) An amount not exceeding one-half of the total debt amount authorized by paragraph (1) of this subparagraph may be incurred by a county or municipality only for lease, purchase, or lease purchase con tracts not to exceed five years in duration under such other terms and conditions as provided by general law.
(d) Notwithstanding subparagraph (a) of this Paragraph, all local school systems which are authorized by law on June 30, 1983, to incur debt in excess of 10 percent of the assessed value of all taxable property therein shall continue to be authorized to incur such debt.
(e) Notwithstanding subparagraphs (a) and (b) of Paragraph I of Section HI of this article, revenue bonds issued or other indebtedness incurred by a public authority, agency, or corporation to provide public facilities for a county, municipality, or other political subdivision of this state shall constitute debt of that county, municipality, or political subdi vision within the meaning of this Paragraph, if that public facility or any part thereof is used for any of the following purposes:
(1) Courthouse;
(2) City hall;
(3) Administrative or governmental office;
(4) Jail;
(5) Police station;
(6) Fire station;
(7) Public health building, except as authorized in subparagraph (c) of Paragraph I of Section HI of this article;
(8) School building; or
(9) Any other public facility which is specified by general or local law as being a 'public facility' within the meaning of this subparagraph.

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165

(f) Constitutional amendments continued in force and effect pursu ant to Article XI, Section I, Paragraph IV and valid laws enacted pursu ant to such amendments shall continue to be valid as long as so contin ued, notwithstanding the provisions of this Paragraph, and any power or authority granted by such amendments or laws shall not be limited by the provisions of this Paragraph."
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 change the conditions under which counties and municipalities of this state may incur debt and to provide that revenue bonds and other obligations, if incurred to provide cer tain public facilities, shall constitute debt?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Senator Coverdell of the 40th offered the following amendment:
Amend the substitute to SR 19 offered by the Senate Committee on Federal, State and Community Affairs by adding on line 27 of Page 3 after the word "other" the following:
"nonrevenue producing".

Senator Hill of the 29th moved that SR 19 be placed on the Table.

On the motion, the yeas were 37, nays 2; the motion prevailed, and SR 19 was placed on the Table.

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

HB 1024. By Representatives Groover of the 99th, Evans of the 84th, Murphy of the
18th and others:
A bill 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.

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Referred to Committee on Appropriations.

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

SR 274. By Senators Turner of the 8th, Coverdell of the 40th, Trulock of the 10th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly by law to change previously existing retirement or pen sion laws of this state to revise the provisions of said laws relating to retire ment or pension benefits based on involuntary separation from employment as applied to present members of public retirement or pension systems; and to provide restrictions on retirement or pension benefits based on involuntary separation from employment as applied to public retirement or pension sys tems created in the future; to prohibit the use of part-time service rendered on and after January 1, 1985, as creditable service under certain public re tirement or pension systems; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article HI, Section X of the Constitution is amended by adding at the end thereof two new Paragraphs VI and VII to read as follows:
"Paragraph VI. Involuntary separation, (a) Any public retirement or pension system provided for by law in existence prior to January 1, 1985, may be changed by the General Assembly for any one or more of the following purposes:
(1) To redefine involuntary separation from employment;
(2) To provide additional or revise existing limitations or restric tions on the right to qualify for a retirement benefit based on involuntary separation from employment; or
(3) To revise, limit, or restrict the amount of or the basis for deter mining the amount of any retirement or pension benefit based on involun tary separation from employment.
(b) Any law enacted by the General Assembly pursuant to subparagraph (a) of this Paragraph may affect persons who are members of public retirement or pension systems on January 1, 1985, and who be came members at any time prior to that date.

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167

(c) Any law enacted by the General Assembly pursuant to subparagraph (a) of this Paragraph shall not be subject to any law controlling legislative procedures for the consideration of retirement or pension bills, including, but not limited to, any limitations on the sessions of the Gen eral Assembly at which retirement or pension bills may be introduced.

(d) No public retirement or pension system created on or after January 1, 1985, shall grant any person whose retirement is based on involuntary separation from employment a retirement or pension benefit more favorable than the retirement or pension benefit granted to a person
whose separation from employment is voluntary.

Paragraph VII. Restrictions on part-time service, (a) As used in this Paragraph:

(1) 'Creditable service' means any service as a public official or employee which may be used in the computation of retirement or pension benefits under any public retirement or pension system of the state or of any political subdivision of the state.

(2) 'Part-time service' means service rendered by a public em ployee or by an elective or appointive public official in any position of public office or employment which requires less than 30 hours per week
for 35 weeks per year to perform the duties of the public office or employment.

(b) Part-time service rendered on and after January 1, 1985, by any public official or employee shall not be counted as creditable service under any public retirement or pension system of this state or of any political subdivision of this state which uses a formula related to the compensation of members of the system as a basis for the calculation of benefits under the system. The provisions of any law in conflict with the provisions of this subparagraph are null and void effective January 1, 1985."

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: (1) Authorize the General Assembly by law to change previously existing public retirement or pension laws of this state to revise the provisions thereof relating to re
tirement or pension benefits based on involuntary separa tion from employment;

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(2) Provide restrictions on retirement or pension benefits based on involuntary separation from employment as ap plied to public retirement or pension systems created in
the future; and (3) Prohibit the use of part-time service rendered on or after January 1, 1985, as creditable service under certain public retirement or pension systems?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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

"

On the resolution proposing an amendment to the Constitution, a roll call was

taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon
oBroun oyff 4^6thu Brown of 47th
Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene
HHaarrrriisson mu
Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Lester McGill McKenzie Peevy Perry Phillips
SSccootttt ooff 23n6dth Scott of 43rd
Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

MONDAY, JANUARY 16, 1984

169

Not voting was Senator Reddish.

On the adoption of the resolution, the yeas were 55, nays 0.

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

HB 438. By Representatives Robinson of the 58th, Linder of the 44th, Richardson of the 52nd and others:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Anno tated, relating to state parks, historic areas, memorials, and associations, so as to create the Stone Mountain State Park Authority as the successor to and a continuation of the Stone Mountain Memorial Association.
Senate Sponsor: Senator Broun of the 46th.

The Senate Committee on Economic Development and Tourism offered the follow ing substitute to HB 438:

A BILL
To be entitled an Act to amend Code Section 12-3-193 of the Official Code of Georgia Annotated, relating to the membership of the Stone Moun tain Memorial Association, so as to change the membership of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 12-3-193 of the Official Code of Georgia An notated, relating to the membership of the Stone Mountain Memorial Asso ciation, is amended by striking the first sentence of subsection (a) of said Code section, which reads as follows:
"The association shall be composed of the Secretary of State, the Lieutenant Governor, the commissioner of industry and trade, and four members to be appointed by the Governor, one of whom shall be a resi dent of the metropolitan Atlanta area.",
and inserting in lieu thereof the following:
"The association shall be composed of the Secretary of State, the Lieutenant Governor, the commissioner of the Department of Natural Resources, and four members to be appointed by the Governor, one of whom shall be a resident of the metropolitan Atlanta area."

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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 43, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond 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 Kennedy Kidd Land

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

Those not voting were Senators Fincher and Tate.
On the passage of the bill, the yeas were 54, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 353. By Senator Scott of the 43rd: A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia

MONDAY, JANUARY 16, 1984

171

Annotated, relating to general provisions applicable to counties, municipali ties, and other governmental entities, so as to specify the terms and condi tions under which counties and municipalities may enter into certain multiyear lease, purchase, and lease purchase contracts.

Senator Scott of the 43rd moved that SB 353 be placed on the Table.

On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 353 was placed on the Table.

SB 354. By Senators Turner of the 8th, Coverdell of the 40th, Trulock of the 10th and others:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relative to the definition of involuntary separation from employment with prejudice.

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

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

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative was Senator Hudgins.

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Not voting was Senator Tate. On the passage of the bill, the yeas were 54, nays 1. The bill, having received the requisite constitutional majority, was passed.

SB 355. By Senators Turner of the 8th, Coverdell of the 40th, Trulock of the 10th and others:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, providing for the Employees' Retirement System of Georgia, so as to provide procedures for the continued employment of certain employees pro posed for involuntary separation from employment.

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Loyce Turner, Chairman

Senate Retirement Committee

FROM: W.M. Nixon, State Auditor

DATE:

January 11, 1984

SUBJECT: Senate Bill 355 (LC 7 5527) Employees' Retirement System
This Bill would establish procedures for the continued employment of certain employees proposed for involuntary separation from employment. This includes employees who are proposed for discretionary termination which is termination as a result of the reorganization or redesignation of positions or titles of employment by an employer; reduction of forces by an employer; or the replacement by an employer of an employee by another employee in the exercise of the employer's appointing authority. The proce dures would involve notifying the commissioner of personnel administration at least 60 but not more than 120 days prior to the pending termination, and specific steps by the commissioner to seek continued employment for the employee proposed for discretionary termination. If the employee does not accept an offered position which meets the requirements of the Bill, the em ployee is deemed to have resigned from service and would not qualify for retirement benefits based upon involuntary separation from employment without prejudice.

MONDAY, JANUARY 16, 1984

173

This is to certify that this is a nonfiscal retirement bill to the pension system.
/s/ W.M. Nixon State Auditor

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

On the 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 Engrain Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd

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

Not voting were Senators Land and Tate.

On the passage of the bill, the yeas were 54, nays 0.

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

SB 371. By Senator Deal of the 49th:
A bill to amend Code Section 15-7-24 of the Official Code of Georgia Anno tated, relating to solicitors of state courts, so as to change the legal experi ence qualification for the office of solicitor.

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The Senate Committee on Judiciary offered the following substitute to SB 371:

A BILL

To be entitled an Act to amend Code Section 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors of state courts, so as to change the legal qualification for the office of solicitor; 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 15-7-24 of the Official Code of Georgia An notated, relating to solicitors of state courts, is amended by striking subsec tion (b) which reads as follows:

"(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
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 three years.",

and inserting in its place a new subsection to read as follows:

?

"(b) Each solicitor of the state court shall have been a resident

I

citizen of this state three years just preceding his election or appoint

ment, shall permanently reside in the circuit at the time of his election or

appointment, shall have attained the age of 25 years, shall have been

admitted to practice law for one year, and, if previously disbarred from

the practice of law, have been reinstated as provided by law."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th offered the following amendment:

Amend SB 371 by striking Section 2 in its entirety and inserting in lieu thereof the following:

"Section 2. This Act shall become effective May 1, 1984." and

By adding the following:

:

"Section 3. All laws and parts of laws in conflict with this Act are

repealed."

On the adoption of the amendment offered by Senator Deal of the 49th, the yeas were 46, nays 0, and the amendment was adopted.

On the adoption of the substitute to SB 371 offered by the Senate Committee on Judiciary, the yeas were 0, nays 47, and the substitute was lost.

MONDAY, JANUARY 16, 1984

175

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
Bryant Burton Cobb
Coggin Coleman Dawkins
Deal Dean
English Engram
Fincher

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

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

Voting in the negative was Senator Brannon.

Those not voting were Senators Bond, Coverdell and Tate.

On the passage of the bill, the yeas were 52, nays 1.

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

Serving as doctor of the day today was Dr. Rick Hammesfahr, of Atlanta, Georgia.

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

At 12:45 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, January 17, 1984 Ninth Legislative Day

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

Senator Gillis of the 20th reported that the Journal of yesterday's proceedings had been read and found correct.

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

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

Mr. President:

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

HB 1030. By Representatives Alien of the 127th, Mueller of the 126th, Johnson of the 123rd and others:
A bill to establish the terms of court for the Recorder's Court of Chatham County.

HB 1040. By Representative Carter of the 146th:
A bill to provide that the judge of the Probate Court of Cook County shall serve as chief magistrate of the Magistrate Court of Cook County.

HB 901. By Representatives Murphy of the 18th, Burruss and Lawler of the 20th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from the sales and use tax, so as to provide that sales of prescription drugs shall be exempt from the imposition of the tax.

HB 976. By Representative Johnson of the 72nd:
A bill to amend Chapter 10 of Title 47 of the Official Code of Georgia Annotated, known as the "Trial Judges and Solicitors Retirement Fund Act," so as to change the provisions relative to a definition.

TUESDAY, JANUARY 17, 1984

177

HB 977. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-16-21 of the Official Code of Georgia An notated, relating to the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia, so as to change the composition of said board.

HB 949. By Representatives Thomas of the 69th, Johnson of the 70th, Lawson of the 9th and others:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to pro vide that any violation of the handicapped parking law shall constitute a misdemeanor.

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

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.

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

SB 403. By Senator Kidd of the 25th:
A bill to amend an Act creating a board of commissioners for Jasper County, so as to change the provisions relating to the election of the mem bers of the board.
Referred to Committee on Federal, State and Community Affairs.

SB 404. By Senator Kidd of the 25th:
A bill to amend an Act repealing an Act incorporating the City of Monticello and granting a new charter for the City of Monticello, so as to change the provisions relating to the election of the mayor and councilmen.
Referred to Committee on Federal, State and Community Affairs.

SB 405. By Senator Land of the 16th:
A bill to amend Code Section 16-5-3 of the Official Code of Georgia Anno tated, relating to involuntary manslaughter, so as to change the punishment for the offense of involuntary manslaughter in the commission of an unlaw ful act.
Referred to Committee on Judiciary and Constitutional Law.

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JOURNAL OF THE SENATE

SB 406. By Senator Mine of the 52nd:
A bill to amend Article 1 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding estates, so as to provide that no interest in real or personal property shall be good unless it must vest, if at all, not later than 21 years after a life or lives in being at the creation of the interest.
Referred to Committee on Judiciary.

SB 407. By Senator Mine of the 52nd:
A bill to amend Article 1 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding estates, so as to provide that there shall be a rebuttable presumption that a person is capable of having a child or children at any state of adult life.
Referred to Committee on Judiciary.

SB 408. By Senator Mine of the 52nd:
A bill to amend Article 5 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to life estates, so as to provide that a tenant for life may renounce any intention to adopt a child or children.
Referred to Committee on Judiciary.

SB 409. By Senator Greene of the 26th:
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 repeal pro visions relating to fees charged to applicants for support enforcement services.
Referred to Committee on Judiciary and Constitutional Law.

SB 410. By Senator Hill of the 29th:
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 duly ratified at the 1952 general election and proclaimed by the Governor to be a part of the Constitution of 1945, which amendment pro vided for the division of Troup County into school districts, the election of members of the county board of education from those school districts and their terms of office and qualifications, and the election and appointment by the county board of education of a superintendent of the county school sys tem and prescribed his qualifications and term of office.
Referred to Committee on Federal, State and Community Affairs.

SB 411. By Senators Foster of the 50th and Starr of the 44th:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide

TUESDAY, JANUARY 17, 1984

179

for filling vacancies on said boards when the filling of vacancies is not pro vided for by local law.
Referred to Committee on Education.

SB 412. By Senator Howard of the 42nd:
A bill to amend Subpart 1 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the right to admission to public school, so as to limit the circumstances under which children may be refused admission to or be prohibited from attending public school be cause the children have no parent or legal guardian exercising control or charge of that child.
Referred to Committee on Education.

SB 413. By Senator Howard of the 42nd:
A bill to amend Code Section 49-2-2 of the Official Code of Georgia Anno tated, relating to the creation, qualifications, and appointment of the Board of Human Resources, so as to create a medical nominating commission to the Board of Human Resources.
Referred to Committee on Human Resources.

SB 414. By Senator Perry of the 7th:
A bill to amend Article 6 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to operations of trains generally, so as to re quire railroads to operate certain trains with a caboose as the last car.
Referred to Committee on Public Utilities.

SB 415. By Senator Perry of the 7th:
A bill to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunt ing wildlife, so as to provide restrictions on the hunting of feral hogs.
Referred to Committee on Natural Resources and Environmental Quality.

SB 416. By Senator Scott of the 43rd: A bill to make provisions for the Magistrate Court of DeKalb County.
Referred to Committee on Federal, State and Community Affairs.

SR 298. By Senator Brantley of the 56th: A resolution to create the Auto Repair Industry Study Committee.
Referred to Committee on Industry and Labor.

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JOURNAL OF THE SENATE

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

HB 901. By Representatives Murphy of the 18th, Burruss and Lawler of the 20th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from the sales and use tax, so as to provide that sales of prescription drugs shall be exempt from the imposition of the tax.
Referred to Committee on Banking and Finance.

HB 949. By Representatives Thomas of the 69th, Johnson of the 70th, Lawson of the 9th and others:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to pro vide that any violation of the handicapped parking law shall constitute a misdemeanor.
Referred to Committee on Judiciary.

HB 976. By Representative Johnson of the 72nd:
A bill to amend Chapter 10 of Title 47 of the Official Code of Georgia Annotated, known as the "Trial Judges and Solicitors Retirement Fund Act," so as to change the provisions relative to a definition.
Referred to Committee on Retirement.

HB 977. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-16-21 of the Official Code of Georgia An notated, relating to the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia, so as to change the composition of said board.
Referred to Committee on Retirement.

HB 1030. By Representatives Alien of the 127th, Mueller of the 126th, Johnson of the 123rd and others:
A bill to establish the terms of court for the Recorder's Court of Chatham County.
Referred to Committee on Federal, State and Community Affairs.

HB 1040. By Representative Carter of the 146th:
A bill to provide that the judge of the 1Probate Court of Cook County shall serve as chief magistrate of the Magistrate Court of Cook County.
Referred to Committee on Federal, State and Community Affairs.

TUESDAY, JANUARY 17, 1984

181

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

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 382. SB 383. SB 384. SB 385. SB 386. SB 393. SB 400n. HB 855. HB 856. HB 888. HB 903.

Do pass. Do pass. Do pass. Do pass. Do pKass. Do pass. ,,Do pass. Do pass. Do pass. Do pass.
r
Do pass.

HB 920. HB 921. HB 929 HB ,,, H,,B n96f1t . HB 962.

Do pass. Do pass. DO pass. DQ pasg ^Do pass. Do pass.

HB 963 ' HB 966HB 990. HB 9S96.

Do Pass' Do pass. Do pass. Do pass.

Respectfully submitted, Senator CJ AM.**-AM Scott OnA+4 off*t the 43rd District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the fol lowing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 149. Do pass by substitute.
SB 315. Do pass. SB 321. Do pass.
,,^ SB 322. Do pass. SB 323. Do pass.

SB 326. Do pass. SB 32g Do pass.
SB 346. Do pass. SB 348' Do Pass-

SB 325. Do pass.

SB 358. Do pass by substitute.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

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

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JOURNAL OF THE SENATE

SB 364. Do pass.

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

Mr. President:

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

SB 336. Do pass. SB 337. Do pass.

SB 370. Do pass. SB 369. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 186. Do pass by substitute.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the fol lowing recommendations:
SB 51. Do pass by substitute. SB 342. Do pass. SB 343. Do pass.
Respectfully submitted,
Senator Timmons of the llth District, Chairman

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

TUESDAY, JANUARY 17, 1984

183

Allgood Barker Barnes Bowen Brannon
BBrroowunn ooeff 4A467*tt*hh
BBruyrtaonnt
Cobb Coleman Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene
HHialrl nson
HHoinlleoway
Horton Huggins Kennedy Kidd Land Lester McGill

McKenzie Peevy Phillips Reddish Scott of 2nd
SS&cc,,oo,,tt,,tt oo,,,ff 34..36,,,rth,d,
*Stumb, aughu
Z,ate Thompson Timmons Trulock Turner Tysinger Walker

Those not answering were Senators:

Bond Coggin

Coverdell Howard

Hudgins Perry

Senator Tate of the 38th introduced the chaplain of the day, Reverend Thomas Louis Brown, of Atlanta, Georgia, who offered scripture reading and prayer.

Senator Holloway of the 12th moved that the following bill of the Senate be with drawn from the Senate Committee on Transportation and committed to the Senate Committee on Insurance:

SB 392. By Senators Stumbaugh of the 55th, Land of the 16th, Deal of the 49th and others:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to provide for certain rules and regulations to be prescribed by the state revenue commissioner.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 392 was withdrawn from the Senate Committee on Transportation and committed to the Senate Committee on Insurance.

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JOURNAL OF THE SENATE

The following resolutions of the Senate were read and adopted:

SR 296. By Senator Engram of the 34th:
A resolution commending the Palmetto High School Football Team for win ning the State Class A Football Championship and inviting them to appear before the Senate.

SR 299. By Senators Greene of the 26th and Harris of the 27th:
A resolution commending Odessa Williams and congratulating her on her one hundredth birthday.

SENATE CALENDAR
Tuesday, January 17, 1984
NINTH LEGISLATIVE DAY
SB 290 Distilled Spirits Distribution Act--provide (C Aff--35th) SB 352 Vehicle Width Allowed on Road--change provisions (Trns--12th) SB 375 Equine Dealers, Brokers--amount of bond required to be posted
(Ag--24th) SR 265 "Peach State Parkway"--designate (SUBSTITUTE) (Trns--7th)

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

SB 290. By Senator Coggin of the 35th:
A bill to amend Chapter 4 of Title 3 of the Official Code of Georgia Anno tated, relating to distilled spirits, so as to provide for a short title; to provide for purposes and policies.

Senator Bryant of the 3rd offered the following amendment:

Amend SB 290 by striking on Page 2, lines 23 through 25, and in serting in lieu thereof the following:
"(3) Name one or more licensed wholesalers in each territory who shall be the exclusive distributor or distributors of the brand within the territory."

On the adoption of the amendment, the yeas were 8, nays 33, and the amendment was lost.

TUESDAY, JANUARY 17, 1984

185

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

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

Those voting in the affirmative were Senators:

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

Engram Fincher Garner Greene Harrison Hill Mine Holloway Howard Hudgins Huggins Kidd Land Lester McGill

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

Those voting in the negative were Senators:

Bryant Deal Foster

Gillis Kennedy

Reddish Tysinger

Those not voting were Senators:

Brannon Cobb

Harris Horton

McKenzie

On the passage of the bill, the yeas were 44, nays 7.

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

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

SB 352. By Senators Holloway of the 12th, McKenzie of the 14th, Bowen of the 13th and Peevy of the 48th:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to size, weight, and width of vehicles and loads,

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JOURNAL OF THE SENATE

so as to change the provisions relating to the width of vehicles allowed on roads, streets, and highways.

Senator Holloway of the 12th offered the following amendment:
Amend SB 352 by striking lines 4 and 5 of Page 2 and inserting in lieu thereof the following:
"(2) Upon any additional road, street, or highway where the width of the lane on which the vehicle is operating is at least 12 feet unless the governing authority having jurisdiction over the road, street, or highway, after reviewing safety studies prepared by the governing authority and conducting a public hearing, has determined that the operation of such vehicles on the road, street, or highway is not in the public interest; and".
By striking from line 10 of Page 2 the following: "97-987",

and inserting in lieu thereof the following: "97-369".

On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman

Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Hill Hine Holloway

Howard Hudgins Huggins Kidd Land Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th

TUESDAY, JANUARY 17, 1984

187

Scott of 43rd Starr Stumbaugh Tate

Thompson Timmons Trulock

Turner Tysinger Walker

Voting in the negative was Senator Harrison.

Those not voting were Senators Harris, Horton and Kennedy (presiding).

On the passage of the bill, the yeas were 52, nays 1.

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

The President resumed the Chair.

The following resolutions of the Senate were read and adopted:

SR 287. By Senators McKenzie of the 14th, Tate of the 38th, Scott of the 2nd and others:
A resolution commending Therman McKenzie.

SR 288. By Senators McKenzie of the 14th, Tate of the 38th, Scott of the 2nd and others:
A resolution commending Cornell McBride.

Senator McKenzie of the 14th introduced Therman McKenzie and Cornell Mc Bride, and also introduced Luther Burse, President of Ft. Valley State College, who briefly addressed the Senate.

Senator Scott of the 36th introduced the doctor of the day, Dr. William J. Grist, of Atlanta, Georgia.

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

SB 232. By Senator Hudgins of the 15th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to protective orders.

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The House amendment was as follows:

Amend SB 232 by striking from lines 6 and 7 of Page 2 the following:
", excluding personnel of the Division of Youth Services within the Department of Human Resources,".

By striking from lines 30 and 31 of Page 2 the following: "Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20,",

and inserting in its place the following: "any valid law".

Senator Hudgins of the 15th moved that the Senate agree to the House amend ment to SB 232.

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 Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

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

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

Those not voting were Senators:

Brannon Bryant

Horton McKenzie

Timmons

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189

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 232.

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

SB 375. By Senators McGill of the 24th, Walker of the 19th, Trulock of the 10th and others:
A bill to amend Article 3 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to equine diseases and regulation of sales and purchases of equines, so as to change the amount of bond required to be posted by equine dealers, brokers, and sales establishment operators.

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

On the 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 Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Greene Harrison Hill Hine Holloway 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:

Bond Bryant Gillis Harris

Horton Hudgins McKenzie

Reddish Thompson Timmons

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On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SR 265. By Senator Perry of the 7th:
A resolution designating the developmental highway, known as "Corridor Z," as the "Peach State Parkway".
The Senate Committee on Transportation offered the following substitute to SR 265:
A RESOLUTION
Designating the developmental highway, known as "Corridor Z," as the "Peach State Parkway"; and for other purposes.
WHEREAS, the economic development of any community or geo graphic area is in great measure dependent upon the quality of the surface transportation facilities serving the community or area; and
WHEREAS, professional developers have determined that convenient access to the National System of Interstate and Defense Highways is among the most important of all locational determinants considered by those who make major investment decisions; and
WHEREAS, the economies of many South Georgia communities have been adversely affected by the fact that those communities are distant from the National System of Interstate and Defense Highways and have no con venient access to said system; and
WHEREAS, the economies of many South Georgia communities have also been adversely affected by the lack of adequate East-West surface transportation facilities as all such major facilities have a North-South ori entation; and
WHEREAS, the members and the board of the Georgia Department of Transportation, in an effort to relieve the adverse economic impacts attribu table to the lack of a major East-West transportation corridor in South Georgia, have approved a route from Columbus, Georgia, to Brunswick, Georgia, as a developmental highway known as "Corridor Z"; and
WHEREAS, Governor Joe Frank Harris and the General Assembly have recognized the obvious merit of the Corridor Z project and its ultimate beneficial impact on the economies of communities of South Georgia and, thus, on the economy of the entire state, including Georgia's ports at Bruns wick and Savannah, and have encouraged the Department of Transportation to persevere in its efforts to complete construction of the project as soon as possible; and

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191

WHEREAS, the developmental highway, when completed, will include improved segments of several federal and state highways and, thus, unlike interstate highways, will not be known by the same name or route number from end to end; and
WHEREAS, this lack of a universal designation along the entire length of the developmental highway will diminish awareness of investors of its ma jor significance; and
WHEREAS, such an action would have many benefits in that highway users, especially industrial and commercial users, would recognize the value of the highway in serving the entire southern portion of Georgia and would, thus, be more inclined to make investments in communities on or near the route; and
WHEREAS, it has been suggested to members of this body that it would be appropriate to name the highway the "Peach State Parkway"; and
WHEREAS, the use of the words "Peach State" would call attention to the fact that the route is exclusively Georgian.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that the developmental highway from Columbus, Georgia, to Brunswick, Georgia, known as "Corridor Z," is designated as the "Peach State Parkway."
BE IT FURTHER RESOLVED that the Department of Transporta tion is authorized and directed to place appropriate markers and signs designating the developmental highway, known as "Corridor Z," as the "Peach State Parkway," effective July 1, 1986.

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Burton

Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Greene Harris Harrison Hill Hine Holloway

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Howard Hudgins Huggins Kennedy Kidd Land Lester McGill

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

Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brvant Gillis

Horton McKenzie

Reddish Thompson

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

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

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

At 11:53 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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193

Senate Chamber, Atlanta, Georgia Wednesday, January 18, 1984 Tenth Legislative Day

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

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

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

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

Mr. President:

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

HB 1079. By Representative Crawford of the 5th:
A bill to amend an Act creating the State Court of Chattooga County, so as to correct an error in the description of the dates of election of the judge and solicitor of the court.

HB 904. By Representative Groover of the 99th:
A bill to amend Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notices to produce, so as to protect the confidentiality of telephone records.

HB 931. By Representative Jackson of the 9th:
A bill to amend Code Section 40-2-20 of the Official Code of Georgia Anno tated, relating to the registration and licensure of motor vehicles, so as to require that the purchaser of a used motor vehicle for which there is an existing registration transfer the registration within seven days of the date of purchase.

HB 918. By Representative Greene of the 130th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of superior courts, so as to change the terms of court for Webster County in the Southwestern Judicial Circuit.

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HB 919. By Representative Greene of the 130th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of superior courts, so as to change the terms of court for Stewart County in the Southwestern Judicial Circuit.

HB 871. By Representatives Birdsong of the 104th, Moore of the 139th and Crosby of the 150th:
A bill to amend Code Section 36-81-7 of the Official Code of Georgia Anno tated, relating to requirements for local government audits, so as to provide for review of audit reports by the state auditor for compliance with audit requirements.

HB 390. By Representative Murphy of the 18th:
A bill to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense of indigents, so as to provide that no action for damages shall be brought against any attorney licensed to prac tice law in this state as a result of any act or omission by such attorney in his representation of any indigent person in any criminal proceeding under certain circumstances.

HB 431. By Representative Murphy of the 18th:
A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil procedure, so as to provide that when an action is dismissed for want of prosecution the plaintiff may within six months recommence the action upon the same footing as to limitation as the original action.

HB 946. By Representatives Buck of the 95th, Hirsch of the 96th and Bishop of the 94th:
A bill to amend Code Section 15-10-45 of the Official Code of Georgia An notated, relating to compulsory and permissive counterclaims, so as to pro vide that when the amount of a counterclaim exceeds the jurisdictional lim its of the magistrate court, the case shall be transferred to any court in the county having jurisdiction of the matter.

HB 948. By Representatives Buck of the 95th and Hirsch of the 96th:
A bill to amend Code Section 45-17-31 of the Official Code of Georgia An notated, relating to persons for whom commissioned officers may perform notarial acts, so as to authorize commissioned officers to perform notarial acts for the spouse, dependent child, or dependent of certain persons.

HB 973. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-4-22 of the Official Code of Georgia Anno tated, relating to membership of the Board of Trustees of the Public School Employees Retirement Fund, so as to change the provisions relative to the composition of the board.

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195

HB 974. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-7-20 of the Official Code of Georgia Annotated, relating to the Board of Trustees of the Georgia Firemen's Pension Fund, so as to change the composition of said board.

HB 1023. By Representatives Williams of the 6th, Wilson of the 20th, Burruss of the 20th and others:
A bill to amend Code Section 48-5-48.1 of the Official Code of Georgia Annotated, relating to applications for exemptions from ad valorem tax for inventories of tangible personal property, so as to change the date by which such applications must be filed.

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

HR 533. By Representative Brown of the 154th:
A resolution expressing sorrow and regrets at the untimely passing of Trooper First Class Ronald Everett O'Neal.

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

SB 417. By Senator Kidd of the 25th:
A bill to amend Code Section 21-3-407 of the Official Code of Georgia An notated, relating to run-off primaries and elections in municipalities, so as to provide that no person shall be a write-in candidate in a general or special election who was a candidate for nomination in the immediately preceding primary.
Referred to Committee on Governmental Operations.

SB 418. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-413 of the Official Code of Georgia An notated, relating to requirements as to conduct of voters and campaigners at polling places generally, and to amend Code Section 21-3-320, relating to requirements as to conduct of voters and campaigners at polling places in municipal elections, so as to provide that no candidate or other campaigner shall be allowed to check the names on any electors list.
Referred to Committee on Governmental Operations.

SB 419. By Senators Gillis of the 20th, English of the 21st and Kennedy of the 4th:
A bill to amend Part 2 of Article 2 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, known as the "Oil and Gas and Deep Drilling Act of 1975," so as to provide for definitions.
Referred to Committee on Natural Resources and Environmental Quality.

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SB 420. By Senators Gillis of the 20th, English of the 21st and Kennedy of the 4th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, and to amend Title 27 of the Official Code of Georgia Annotated, known as the "Game and Fish Code," so as to change the provisions relating to the Environmental Protection Division of the Department of Natural Resources and the director of the division.
Referred to Committee on Natural Resources and Environmental Quality.

SB 421. By Senator Timmons of the llth:
A bill to provide that the judge of the Probate Court of Calhoun County shall become the chief magistrate of the Magistrate Court of Calhoun County on a certain date; to provide for the compensation of said officer.
Referred to Committee on Federal, State and Community Affairs.

SB 422. By Senator Scott of the 43rd:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to eavesdropping and related offenses, so as to prohibit intercepting or monitoring of certain telephonic and inter communication system messages, signals, or communications except under certain conditions.
Referred to Committee on Public Safety.

SB 423. By Senator Howard of the 42nd:
A bill to amend Code Section 9-11-12 of the Official Code of Georgia Anno tated, relating to answers, defenses, and objections, so as to change the con ditions under which certain actions may be dismissed for lack of jurisdiction of the subject matter.
Referred to Committee on Judiciary.

SB 424. By Senator Howard of the 42nd:
A bill to amend Article 5 of Chapter 4 of Title 13 of the Official Code of Georgia Annotated, relating to releases, so as to change the release and pro tection provided by releases and covenants not to sue.
Referred to Committee on Judiciary.

SB 425. By Senator Howard of the 42nd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to limit an order of dispo sition placing a deprived child in foster care and to provide for an extension.
Referred to Committee on Judiciary.

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197

SB 426. By Senator Broun of the 46th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to change the provisions relating to revocation of licenses of habitual violators.
Referred to Committee on Public Safety.

SB 427. By Senator Lester of the 23rd:
A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to provide that the governing authority of any county, municipality, or political subdivision of the State of Georgia may provide for the refunding of all or any part of its outstanding bonded indebtedness by the issuance of general obligation refunding bonds without the necessity of conducting a referendum.
Referred to Committee on Banking and Finance.

SR 300. By Senators Deal of the 49th, Dean of the 31st and Foster of the 50th:
A resolution proposing an amendment to the Constitution to authorize gen eral obligation debt to be incurred to provide public library facilities for county and independent school systems or for counties, municipalities, or boards of trustees of public libraries or public library systems.
Referred to Committee on Education.

SR 301. By Senator Hill of the 29th:
A resolution authorizing the conveyance of certain real property located in Meriwether County, Georgia; to provide an effective date.
Referred to Committee on Public Utilities.

SR 302. By Senators Land of the 16th, Gillis of the 20th and Walker of the 19th: A resolution relative to deer hunting in Georgia.
Referred to Committee on Natural Resources and Environmental Quality.

SR 303. By Senators Greene of the 26th, Broun of the 46th, English of the 21st and Foster of the 50th:
A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizen's advisory council thereto.
Referred to Committee on Economic Development and Tourism.

SR 306. By Senators Barker of the 18th, Walker of the 19th, Trulock of the 10th and Land of the 16th:
A resolution proposing an amendment to the Constitution to prohibit the payment of retirement benefits based on involuntary separation from em-

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ployment; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Retirement.

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

HB 390. By Representative Murphy of the 18th:
A bill to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense of indigents, so as to provide that no action for damages shall be brought against any attorney licensed to prac tice law in this state as a result of any act or omission by such attorney in his representation of any indigent person in any criminal proceeding under certain circumstances.
Referred to Committee on Judiciary.

HB 431. By Representative Murphy of the 18th:
A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil procedure, so as to provide that when an action is dismissed for want of prosecution the plaintiff may within six months recommence the action upon the same footing as to limitation as the original action.
Referred to Committee on Judiciary.

HB 871. By Representatives Birdsong of the 104th, Moore of the 139th and Crosby of the 150th:
A bill to amend Code Section 36-81-7 of the Official Code of Georgia Anno tated, relating to requirements for local government audits, so as to provide for review of audit reports by the state auditor for compliance with audit requirements.
Referred to Committee on Banking and Finance.

HB 904. By Representative Groover of the 99th:
A bill to amend Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notices to produce, so as to protect the confidentiality of telephone records.
Referred to Committee on Public Safety.

HB 918. By Representative Greene of the 130th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of superior courts, so as to change the terms of court for Webster County in the Southwestern Judicial Circuit.
Referred to Committee on Judiciary.

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199

HB 919. By Representative Greene of the 130th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of superior courts, so as to change the terms of court for Stewart County in the Southwestern Judicial Circuit.
Referred to Committee on Judiciary.

HB 931. By Representative Jackson of the 9th:
A bill to amend Code Section 40-2-20 of the Official Code of Georgia Anno tated, relating to the registration and licensure of motor vehicles, so as to require that the purchaser of a used motor vehicle for which there is an existing registration transfer the registration within seven days of the date of purchase.
Referred to Committee on Transportation.

HB 946. By Representatives Buck of the 95th, Hirsch of the 96th and Bishop of the 94th:
A bill to amend Code Section 15-10-45 of the Official Code of Georgia An notated, relating to compulsory and permissive counterclaims, so as to pro vide that when the amount of a counterclaim exceeds the jurisdictional lim its of the magistrate court, the case shall be transferred to any court in the county having jurisdiction of the matter.
Referred to Committee on Judiciary and Constitutional Law.

HB 948. By Representatives Buck of the 95th and Hirsch of the 96th:
A bill to amend Code Section 45-17-31 of the Official Code of Georgia An notated, relating to persons for whom commissioned officers may perform notarial acts, so as to authorize commissioned officers to perform notarial acts for the spouse, dependent child, or dependent of certain persons.
Referred to Committee on Judiciary and Constitutional Law.

HB 973. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-4-22 of the Official Code of Georgia Anno tated, relating to membership of the Board of Trustees of the Public School Employees Retirement Fund, so as to change the provisions relative to the composition of the board.
Referred to Committee on Retirement.

HB 974. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-7-20 of the Official Code of Georgia Anno tated, relating to the Board of Trustees of the Georgia Firemen's Pension Fund, so as to change the composition of said board.
Referred to Committee on Retirement.

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HB 1023. By Representatives Williams of the 6th, Wilson of the 20th, Burruss of the 20th and others:
A bill to amend Code Section 48-5-48.1 of the Official Code of Georgia Annotated, relating to applications for exemptions from ad valorem tax for inventories of tangible personal property, so as to change the date by which such applications must be filed.
Referred to Committee on Banking and Finance.

HB 1079. By Representative Crawford of the 5th:
A bill to amend an Act creating the State Court of Chattooga County, so as to correct an error in the description of the dates of election of the judge and solicitor of the court.
Referred to Committee on Federal, State and Community Affairs.

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

Mr. President:

The Committee on Children and Youth has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 312. Do pass.
Respectfully submitted,
Senator Hudgins of the 15th District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 344. Do pass by substitute.
Respectfully submitted,
Senator Walker of the 19th District, Chairman

Mr. President:

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

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201

SB 329. Do pass. SB 398. Do pass.

Respectfully submitted, Senator Greene of the 26th District, Chairman

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

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

SB 149. By Senator Howard of the 42nd:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Anno tated, relating to general provisions regarding licensure of professions and businesses, so as to provide for definitions; to provide for Senate confirma tion of appointees to state examining boards.

SB 315. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system of personnel administra tion, so as to provide that certain records and materials of the State Merit System of Personnel Administration shall be and remain confidential.

SB 321. By Senators Kidd of the 25th, Brannon of the 51st, Barker of the 18th and Garner of the 30th:
A bill to amend Code Section 21-2-132 of the Official Code of Georgia An notated, relating to the filing of notice of candidacy, so as to provide for a beginning date for qualifying in special elections; to provide an effective date.

SB 322. By Senators Kidd of the 25th, Brannon of the 51st, Barker of the 18th and Garner of the 30th:
A bill to amend Code Section 21-3-405 of the Official Code of Georgia An notated, relating to a losing candidate's right to recount, so as to change the percentage difference required for a recount; to provide an effective date.

SB 323. By Senators Kidd of the 25th, Brannon of the 51st, Barker of the 18th and Garner of the 30th:
A bill to amend Code Section 21-2-218 of the Official Code of Georgia An notated, relating to the board of registrars and registration of voters, so as to

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provide a change in the method and length of advertisement of additional voter registration places.

SB 325. By Senators Kidd of the 25th, Brannon of the 51st, Barker of the 18th and Garner of the 30th:
A bill to amend Code Section 21-3-34 of the Official Code of Georgia Anno tated, relating to qualifications of poll officers, so as to provide that in cer tain instances poll officers assigned to conduct county, state, or federal elec tions may also be authorized to serve as poll officers in municipal elections.

SB 326. By Senators Kidd of the 25th, Brannon of the 51st, Barker of the 18th and Garner of the 30th:
A bill to amend Code Section 21-2-5 of the Official Code of Georgia Anno tated, relating to qualifications of candidates for federal and state office, so as to provide that the Secretary of State may designate a hearing officer for hearings regarding the qualifications of any candidate.

SB 328. By Senators Kidd of the 25th, Brannon of the 51st, Barker of the 18th and Garner of the 30th:
A bill to amend Article 14 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to special elections and primaries, so as to pro vide that the Secretary of State shall issue the call for the special elections for United States congressional representatives and for members of the Gen eral Assembly.

SB 336. By Senator Hine of the 52nd:
A bill to amend Article 9 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in criminal cases, so as to remove existing provisions relating to discovery of scientific reports.

SB 337. By Senator Hine of the 52nd:
A bill to amend Part 3 of Article 6 of Chapter 7 of the Title 17 of the Official Code of Georgia Annotated, relating to demurrers, motions, and special pleas in criminal cases, so as to provide that, as an alternative to granting a change of venue, a judge may remove the proceedings to another county for the purpose of empaneling and selecting a jury.

SB 342. By Senator Cobb of the 28th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to change the provisions relating to the time at which courts send licenses and reports of certain convictions to the Department of Public Safety.

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203

SB 343. By Senator Cobb of the 28th:
A bill to amend Code Section 40-3-2 of the Official Code of Georgia Anno tated, relating to definitions in the "Motor Vehicle Certificate of Title Act," so as to change the definition of the term "major component part".

SB 346. By Senators Barker of the 18th and Kidd of the 25th:
A bill to amend Code Section 31-7-72 of the Official Code of Georgia Anno tated, relating to the creation of hospital authorities, so as to change the maximum number of members of a hospital authority.

SB 348. By Senator Brannon of the 51st:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change certain provisions relating to fees and compensation of coroners.

SB 358. By Senator Kidd of the 25th:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to change the minimum annual salary of the sheriff.

SB 364. By Senator Tysinger of the 41st:
A bill to amend Chapter 11 of Title 20 of the Official Code of Georgia Annotated, relating to the Engineering Experiment Station at the Georgia Institute of Technology, so as to authorize changing the name of the Engi neering Experiment Station to "Georgia Tech Research Institute".

SB 369. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Uniform Reciprocal Enforcement of Support Act," so as to provide that a court of this state, acting as a responding state, shall transfer the documents, received by it if it discovers that the respondent or his property may be found in another county of this state or in another state.

SB 370. By Senators Deal of the 49th, Peevy of the 48th, Greene of the 26th and others:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to venue in civil practice, so as to pro vide that venue may be proper in a county other than the county of resi dence of a person or entity impleaded into a pending civil case by a defend ing party who contends that such person or entity is or may be liable to said defending party for all or part of the claim against said defending party.

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SB 382. By Senator Kidd of the 25th:
A bill to amend an Act providing for the appointment of the initial chief magistrate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, so as to change the provisions relating to the selection of subsequent chief magistrates.

SB 383. 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 provide for the appointment of a deputy recorder for the police court; to provide for the deputy recorder's powers, duties, and compensation; to change certain provisions relating to the mayor pro tern.

SB 384. By Senator Kidd of the 25th:
A bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Tax Collector, the Tax Receiver, and the Judge of the Probate Court of Putnam County on an annual salary, as amended, so as to change the provi sions relating to the compensation of the sheriff.

SB 385. By Senator Kidd of the 25th:
A bill to amend an Act creating a board of commissioners of Baldwin County, as amended, so as to provide for the election of board members from districts.

SB 386. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the City of Milledge ville, as amended, so as to change the terms of office of the mayor and aldermen.

SB 393. By Senator Foster of the 50th:
A bill to provide for the term of office of the chief magistrate of Lumpkin County; to provide for the appointment of a successor chief magistrate for a certain term; to provide for the election of successor chief magistrates and for their terms of office.

SB 400. By Senator McKenzie of the 14th:
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 95, duly ratified at the 1962 general election and pro claimed by the Governor to be a part of the Constitution of 1945, which amendment provides for the election by the people of members of the Board of Education of Macon County.

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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 888. By Representatives Dobbs of the 74th and Lambert of the 66th:
A bill to provide for the Magistrate Court of Newton County; to provide that the judge of the Probate Court of Newton County shall serve as chief magistrate of Newton County.

HB 903. By Representatives Brown of the 154th and Chance of the 129th:
A bill to change the provisions relating to the Magistrate Court of Liberty County so a to change the manner of selecting the chief magistrate and other magistrates and to provide for terms of and vacancies of such offices.

HB 920. By Representative Greene of the 130th:
A bill to provide for the election of the initial chief magistrate of the Magis trate Court of Webster County; to provide for the election of successors to said initial chief magistrate.

HB 921. By Representative Greene of the 130th:
A bill to provide that the judge of the Probate Court of Quitman County shall serve as chief magistrate of the Magistrate Court of Quitman County.

HB 929. By Representatives Auten of the 156th and McVeigh of the 155th:
A bill to amend an Act creating the State Court of Glynn County, so as to change the compensation of the clerk of said court.

HB 935. By Representatives Colwell and Twiggs of the 4th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to the terms of superior courts, so as to change the terms of the Superior Courts of Gilmer County.

HB 961. By Representative Birdsong of the 104th:
A bill to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Wilkinson County actually occupied by the owner as a residence and homestead.

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HB 962. By Representative Birdsong of the 104th:
A bill to provide legislative intent; to provide that the judge of the Probate Court of Wilkinson County shall serve as chief magistrate of the Magistrate Court of Wilkinson County.

HB 963. By Representative Birdsong of the 104th:
A bill to abolish the present method of compensating the Clerk of the Supe rior Court of Wilkinson County, known as the fee system; to provide in lieu thereof an annual salary.

HB 966. By Representatives Watts of the 41st and Murphy of the 18th:
A bill to amend an Act creating a new chapter of the City of Dallas, so as to change the corporate limits of said city.

HB 990. By Representative Royal of the 144th:
A bill to repeal an Act providing for the compensation of the chairman and members of the county board of education in all counties of this state having a population of not less than 20,900 nor more than 21,200 according to the United States decennial census of 1980 or any future such census.

HB 996. By Representative Greene of the 130th: A bill to create a board of commissioners of Stewart County consisting of three members elected from districts.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, called for the morning roll call, and the following Senators answered to their names:

Allgood Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins

Huggins Kidd Land Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh

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207

Tate Thompson Timmons

Trulock Turner

Tysinger Walker

Those not answering were Senators:

Brantley
Coggin Coleman

Coverdell Howard

Kennedy (presiding) Scott of 36th

The following communications were received and read by the Secretary:

OFFICE OF LEGISLATIVE COUNSEL 316 State Capitol
Atlanta, Georgia 30334
January 18, 1984
Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, Georgia 30334
Dear Max:
Enclosed find certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Steve Reynolds was elected as a member of the State Transportation Board from the Ninth Congressional District. He will serve for a term beginning April 16, 1984, and expiring April 15, 1989. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board.
With kindest personal regards and best wishes, I am
Sincerely yours,
/s/ Frank H. Edwards Legislative Counsel
Enclosure cc: Honorable Joe Frank Harris
Honorable Zell Miller Honorable Thomas B. Murphy Honorable Steve Reynolds Honorable Tom Moreland Honorable Hal Rives Honorable Hamilton McWhorter, Jr. Honorable Glenn W. Ellard Honorable Russell N. Sewell, Jr. Honorable Bobby Lawson Honorable John C. Foster

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The General Assembly Atlanta

TO:

Honorable Max Cleland

Secretary of State

This is to certify that Honorable Steve Reynolds, Gwinnett County, has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, rela tive to the State Transportation Board, as a member of the State Transpor tation Board from the Ninth Congressional District, for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1984, and expiring April 15, 1989.

This 18th day of January, 1984.
/s/ Zell Miller President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly Atlanta
January 18, 1984
Honorable Zell Miller Lieutenant Governor of Georgia 240 State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Miller:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 17, 1984, at 2:00 P.M., in the Senate Chamber, State Capi tol, at which caucus Honorable Steve Reynolds, Gwinnett County, was elected as a member of the State Transportation Board from the Ninth Congressional District to serve a term beginning April 16, 1984, and expir ing April 15, 1989.
Respectfully submitted,
/s/ Bobby Lawson Representative, 9th District Chairman Ninth Congressional District Caucus
/s/ John C. Foster Senator, 50th District Secretary Ninth Congressional District Caucus

WEDNESDAY, JANUARY 18, 1984

209

The General Assembly Atlanta
January 18, 1984
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 17, 1984, at 2:00 P.M., in the Senate Chamber, State Capi tol, at which caucus Honorable Steve Reynolds, Gwinnett County, was elected as a member of the State Transportation Board from the Ninth Congressional District to serve a term beginning April 16, 1984, and expir ing April 15, 1989.
Respectfully submitted,
/s/ Bobby Lawson Representative, 9th District Chairman Ninth Congressional District Caucus
/s/ John C. Foster Senator, 50th District Secretary Ninth Congressional District Caucus

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
January 18, 1984
Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, Georgia 30334
Dear Max:
Enclosed find certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Tom C. Carr was elected as a member of the State Transportation Board from the Tenth Congressional District. He will serve for a term beginning April 16, 1984, and expiring April 15, 1989. This certificate is furnished to you pursu ant to the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board.

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With kindest personal regards and best wishes, I am
Sincerely yours,
/s/ Frank H. Edwards Legislative Counsel
Enclosure cc: Honorable Joe Frank Harris
Honorable Zell Miller Honorable Thomas B. Murphy Honorable Tom C. Carr Honorable Tom Moreland Honorable Hal Rives Honorable Hamilton McWhorter, Jr. Honorable Glenn W. Ellard Honorable Russell N. Sewell, Jr. Honorable Jack Connell Honorable Culver Kidd

The General Assembly Atlanta

TO:

Honorable Max Cleland

Secretary of State

This is to certify that Honorable Tom C. Carr, McDuffie County, has been elected, pursuant to provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, as a member of the State Transportation Board from the Tenth Congressional District, for a term of five years and
until his successor is elected and qualified, such term beginning April 16, 1984, and expiring April 15, 1989.

This 18th day of January, 1984.
/s/ Zell Miller President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly Atlanta
January 18, 1984
Honorable Zell Miller Lieutenant Governor of Georgia 240 State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Miller:
Pursuant to your call for a caucus under the provisions of O.C.G.A.

WEDNESDAY, JANUARY 18, 1984

211

Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 17, 1984, at 3:00 P.M., in the Senate Chamber, State Capi tol, at which caucus Honorable Tom C. Carr, McDuffie County, was elected as a member of the State Transportation Board from the Tenth Congres sional District to serve a term beginning April 16, 1984, and expiring April 15, 1989.
Respectfully submitted,
/s/ Jack Connell Representative, 87th District Chairman Tenth Congressional District Caucus
/s/ Culver Kidd Senator, 25th District Secretary Tenth Congressional District Caucus

The General Assembly Atlanta
January 18, 1984
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 17, 1984, at 3:00 P.M., in the Senate Chamber, State Capi tol, at which caucus Honorable Tom C. Carr, McDuffie County, was elected as a member of the State Transportation Board from the Tenth Congres sional District to serve a term beginning April 16, 1984, and expiring April 15, 1989.
Respectfully submitted,
/s/ Jack Connell Representative, 87th District Chairman Tenth Congressional District Caucus
/s/ Culver Kidd Senator, 25th District Secretary Tenth Congressional District Caucus

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Senator Foster of the 50th introduced the chaplain of the day, Dr. Max Strang, of Demorest, Georgia, who offered scripture reading and prayer.

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

SR 304. By Senators Tysinger of the 41st, Broun of the 46th, Allgood of the 22nd and others:
A resolution commending Mr. Frank C. Dunham.

SR 305. By Senator Kennedy of the 4th:
A resolution commending Miss Maggie McCall and congratulating her on her one hundredth birthday.

HR 533. By Representative Brown of the 154th:
A resolution expressing sorrow and regrets at the untimely passing of Trooper First Class Ronald Everett O'Neal.

SENATE CALENDAR
Wednesday, January 18, 1984
TENTH LEGISLATIVE DAY
SB 186 Extraordinary Life-Sustaining Procedures--authorize discontinuance (SUBSTITUTE) (J&CL--26th)

The President resumed the Chair.

The following general bill of the Senate, having been read the third time February 21, 1983, and committed to the Senate Committee on Judiciary and Constitutional Law, and favorably reported by the committee, was put upon its passage:

SB 186. By Senators Greene of the 26th, Garner of the 30th and Trulock of the 10th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to public health, so as to authorize the discontinuance of extraordinary lifesustaining procedures for certain persons; to provide for a declaration of findings.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 186:

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213

A BILL
To be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to public health, so as to authorize any competent adult to execute a living will; to provide for a declaration of findings; to authorize the discontinuance of life-sustaining procedures for certain persons; to define certain terms; to provide for written living wills and the procedures con nected therewith; to provide for witnesses; to provide for revocation of living wills; to provide for immunity from criminal, civil, and other liabilities for certain persons under certain conditions; to provide for the duration of living wills; to provide for the carrying out of living wills; to provide for sanctions; to provide for presumptions; to provide for approval of living wills; to pro vide that discontinuance of life-sustaining procedures shall not constitute a suicide and shall not impair or invalidate life insurance policies; to provide for the transfer of patients under certain conditions; to prohibit certain health providers and health care service plans from requiring persons to exe cute living wills; to provide for exceptions; to provide for penalties; to pro vide for construction; to provide for other matters related thereto; 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 public health, is amended by adding at the end thereof a new Chapter 32 to read as follows:
"CHAPTER 32
31-32-1. (a) The General Assembly finds that modern medical technology has made possible the artificial prolongation of human life.
(b) The General Assembly further finds that, in the interest of pro tecting individual autonomy, such prolongation of life for persons with a terminal condition may cause loss of patient dignity and unnecessary pain and suffering, while providing nothing medically necessary or bene ficial to the patient.
(c) The General Assembly further finds that there exists consider able uncertainty in the medical and legal professions as to the legality of terminating the use of life-sustaining procedures in certain situations.
(c) In recognition of the dignity and privacy which patients have a right to expect, the General Assembly declares that the laws of the State of Georgia shall recognize the right of a competent adult person to make a written directive, known as a living will, instructing his physician to withhold or withdraw life-sustaining procedures in the event of a termi nal condition.
31-32-2. As used in this chapter, the term:
(1) 'Attending physician' means the physician who has been se lected by or assigned to the patient and who has assumed primary re sponsibility for the treatment and care of the patient or the physician providing treatment and care of the patient, which physician has been

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directed by the physician selected by or assigned to the patient to provide such treatment and care.
(2) 'Competent adult' means a person of sound mind who is 18 years of age or older.
(3) 'Declarant' means a person who has executed a living will au thorized by this chapter.
(4) 'Hospital' means a facility which has a valid permit or provi sional permit issued under Chapter 7 of this title and which is primarily engaged in providing to inpatients, by or under the supervision of physi cians, diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons.
(5) 'Life-sustaining procedures' means any medical procedures or interventions, which, when applied to a patient in a terminal condition, would serve only to prolong the dying process and where, in the judgment of the attending physician and a second physician, death will occur whether or not such procedures or interventions are utilized. The term 'life-sustaining procedures' shall not include the following:
(A) Nourishment; or
(B) The administration of medication or the performance of any medical procedure deemed necessary to alleviate pain.
(6) 'Living will' means a written document voluntarily executed by the declarant in accordance with the requirements of Code Section 3132-3 or 31-32-4.
(7) 'Patient' means a person receiving care or treatment from a physician.
(8) 'Physician' means a person lawfully licensed in this state to practice medicine and surgery pursuant to Article 2 of Chapter 34 of Title 43.
(9) 'Skilled nursing facility' means a facility having a valid permit or provisional permit issued under Chapter 7 of this title and which pro vides skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis.
(10) 'Terminal condition' means an incurable condition caused by injury, disease, or illness which, regardless of the application of life-sus taining procedures, would, within reasonable medical judgment, produce death and for which the application of life-sustaining procedures serve only to postpone the moment of death of the patient.
31-32-3. (a) Any competent adult may execute a document di recting that, should the declarant have a terminal condition, life-sus taining procedures be withheld or withdrawn. Such living will shall be signed by the declarant in the presence of at least two competent adults who, at the time of the execution of the living will, to the best of their knowledge:

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215

(1) Are not related to the declarant by blood or marriage;
(2) Would not be entitled to any portion of the estate of the de clarant upon the declarant's decease under any testamentary will of the declarant, or codicil thereto, and would not be entitled to any such por tion by operation of law under the rules of descent and distribution of this state at the time of the execution of the living will;
(3) Are neither the attending physician nor an employee of the at tending physician nor an employee of the hospital or skilled nursing facil ity in which the declarant is a patient;
(4) Are not directly financially responsible for the declarant's med ical care; and
(5) Do not have a claim against any portion of the estate of the declarant.
(b) The declaration shall be in substantially the following form:
'LIVING WILL
Living will made this ------ day of ------ (month, year).
I, ___, being of sound mind, willfully and voluntarily make known my desire that my life shall not be prolonged under the circumstances set forth below and do declare:
1. If at any time I should have a terminal condition as defined in Code Section 31-32-2 of the Official Code of Georgia Annotated, I direct that the application of life-sustaining procedures to my body be withheld or withdrawn and that I be permitted to die;
2. In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this living will shall be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal;
3. This will shall have no force or effect seven years from the date I signed this document as stated above;
4. I understand that I may revoke this living will at any time;
5. I understand the full import of this living will, and I am at least 18 years of age and am emotionally and mentally competent to make this living will; and

6. If I have been diagnosed as pregnant, this living will shall have no force and effect during the course of my pregnancy.
Signed--------------
(City), _____ (County), and _____ (State of Residence).

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I hereby witness this living will and attest that:
(1) The declarant is personally known to me and I believe the de clarant to be at least 18 years of age and of sound mind:
(2) I am at least 18 years of age;
(3) To the best of my knowledge, at the time of the execution of this living will, I:
(A) Am not related to the declarant by blood or marriage;
(B) Would not be entitled to any portion of the declarant's estate by any will or by operation of law under the rules of descent and distri bution of this state;
(C) Am not the attending physician of declarant or an employee of the attending physician or an employee of the hospital or skilled nursing facility in which declarant is a patient;
(D) Am not directly financially responsible for the declarant's medical care; and
(E) Have no present claim against any portion of the estate of the declarant;
(4) Declarant has signed this document in my presence as aboveinstructed, on the date above first shown.
Witness----------------
Address----------------
Witness________
Address________
Additional witness required when living will is signed in a hospital or skilled nursing facility.
I hereby witness this living will and attest that I believe the declar ant to be of sound mind and to have made this living will willingly and voluntarily.
Witness:-------------------------------- Medical director of skilled nursing facility or his designee or chief of the hospital medical staff or his designee'
31-32-4. A living will shall have no force or effect if the declarant is a patient in a hospital or skilled nursing facility at the time the living will is executed unless the living will is signed in the presence of the two witnesses as provided in Code Section 31-32-3 and, additionally, is signed in the presence of either the chief of the hospital medical staff or his

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217

designee, if witnessed in a hospital, or the medical director or his designee, if witnessed in a skilled nursing facility.
31-32-5. (a) A living will may be revoked at any time by the de clarant, without regard to his mental state or competency, by any of the following methods:
(1) By being canceled, defaced, obliterated, burnt, torn, or other wise destroyed by the declarant or by some person in his presence and by his direction;
(2) By the declarant or a person acting at the direction of the de clarant signing and dating a written revocation expressing the intent of the declarant to revoke. Such revocation shall become effective only upon communication to the attending physician by the declarant or by a per son acting on behalf of the declarant. The attending physician shall re cord in the patient's medical record the time and date when he received notification of the written revocation; or
(3) By any verbal or nonverbal expression by the declarant of his intent to revoke the living will. Such revocation shall become effective only upon communication to the attending physician by the declarant or by a person acting on behalf of the declarant. The attending physician shall record in the patient's medical record the time, date, and place of the revocation and the time, date, and place, if different, when he re ceived notification of the revocation.
(b) Any person who participates in the withholding or withdrawal of life-sustaining procedures pursuant to a living will, as authorized by this chapter, which person has actual knowledge that such living will has been properly revoked, shall not have any civil or criminal immunity oth erwise granted under this chapter for such conduct.
31-32-6. A living will shall be effective for a period of seven years from the date of execution thereof unless sooner revoked in a manner prescribed in Code Section 31-32-5. If the declarant of an unrevoked liv ing will becomes incapable of communicating with the attending physi cian, the living will shall remain in effect beyond such seven-year period until such time as the declarant is able to communicate with the attend ing physician. Nothing in this chapter shall be construed to prevent a declarant from reexecuting a living will at any time in accordance with the formalities of Code Sections 31-32-3 and 31-32-4. If the declarant has executed more than one living will, such seven-year period shall be determined from the date of execution of the last living will known to the attending physician.
31-32-7. (a) No physician, osteopath, nor any person acting under their direction and no hospital, skilled nursing facility, nor any agent or employee thereof who acting in good faith in accordance with the requirements of this chapter causes the withholding or withdrawal of life-sustaining procedures from a patient or who otherwise participates in good faith therein shall be subject to any civil liability therefor. No phy sician, osteopath, nor any person acting under their direction and no hos pital, skilled nursing facility, nor any agent or employee thereof who act ing in good faith in accordance with the requirements of this chapter

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causes the withholding or withdrawal of life-sustaining procedures from a patient or who otherwise participates in good faith therein shall be guilty of any criminal act therefor, nor shall any such person be guilty of un professional conduct therefor.
(b) No person who witnesses and attests a living will in good faith and in accordance with Code Section 31-32-3 shall be civilly or crimi nally liable or guilty of unprofessional conduct for such action.
31-32-8. (a) Prior to effecting a withholding or withdrawal of lifesustaining procedures from a patient pursuant to a living will, the attend ing physician:
(1) Shall determine that, to the best of his knowledge, the declar ant patient is not pregnant;
(2) Shall, without delay after the diagnosis of a terminal condition of the declarant, take the necessary steps to provide for written certifica tion by said physician of the declarant's terminal condition; and
(3) Shall make the living will, or a copy of the living will, and the written certification of the terminal condition a part of the declarant pa tient's medical records.
(b) The living will shall be conclusively presumed, unless revoked, to be the directions of the declarant regarding the withholding or with drawal of life-sustaining procedures. No person shall be civilly liable for failing or refusing to effectuate the living will of the declarant patient. The attending physician who fails or refuses to comply with the declara tion of a patient pursuant to this chapter shall make a good faith effort to advise the next of kin or legal guardian of the declarant that such physi cian is unwilling to effectuate the living will of the declarant patient. The attending physician shall also make a good faith attempt to effect the transfer of the qualified patient to another physician who will effectuate the declaration of the patient. Failure of the attending physician to ad vise the next of kin or guardian or to make an attempt to effectuate the transfer of the declarant shall constitute unprofessional conduct by that physician.
31-32-9. (a) The making of a living will pursuant to this chapter shall not, for any purpose, constitute a suicide.
(b) The making of a living will pursuant to his chapter shall not restrict, inhibit, or impair in any manner the sale, procurement, issuance, or enforceability of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall be legally impaired or invalidated in any manner by the making of a living will pursuant to this chapter or by the withholding or withdrawal of life-sustaining procedures from an insured patient, nor shall the making of such a living will or the withholding or withdrawal of such life-sustaining procedures operate to deny any additional insurance benefits for accidental death of the patient in any case in which the ter minal condition of the patient is the result of accident, notwithstanding any term of the policy to the contrary.

WEDNESDAY, JANUARY 18, 1984

219

(c) No physician, hospital, skilled nursing facility, or other health provider and no health care service plan, insurer issuing disability insur ance, self-insured employee welfare benefit plan, or nonprofit hospital service plan shall require any person to execute a living will as a condi tion of being insured for, or receiving, health care services.
31-32-10. Any person who willfully conceals, cancels, defaces, ob literates, alters, or damages the living will of another without such de clarant's consent or who witnesses a living will knowing at the time he is not eligible to witness such living will under Code Section 31-32-3 or who coerces or attempts to coerce a person into making a living will shall be guilty of a misdemeanor. Any person who falsifies or forges the living will of another or willfully conceals or withholds personal knowledge of a revocation as provided in Code Section 31-32-5 with the intent to cause a withholding or withdrawal of life-sustaining procedures contrary to the wishes of the declarant and, thereby, because of any such act, directly causes life-sustaining procedures to be withheld or withdrawn and death thereby to be hastened shall be subject to prosecution for criminal homi cide as provided in Chapter 5 of Title 16.
31-32-11. (a) Nothing in this chapter shall impair or supersede any legal right or legal responsibility which any person may have to ef fect the withholding or withdrawal of life-sustaining procedures in any lawful manner. In such respect the provisions of this chapter are cumulative.
(b) Nothing in this chapter shall be construed to condone, author ize, or approve mercy killing or to permit any affirmative or deliberate act or omission to end life other than to permit the process of dying as provided in this chapter. Furthermore, nothing in this chapter shall be construed to condone, authorize, or approve abortion.
(c) This chapter shall create no presumption concerning the inten tion of an individual who has not executed a declaration to consent to the use or withholding of life-sustaining procedures in the event of a terminal condition."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senators Greene of the 26th and Allgood of the 22nd offered the following substi tute to SB 186:

A BILL
To be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to public health, so as to authorize any competent adult to execute a living will; to provide for a declaration of findings; to authorize the discontinuance of life-sustaining procedures for certain persons; to define certain terms; to provide procedures for establishing certain conditions; to provide for written living wills and the procedures connected therewith; to provide for witnesses; to provide for revocation of living wills; to provide for immunity from criminal, civil, and other liabilities for certain persons under

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certain conditions; to provide for the duration of living wills; to provide for the carrying out of living wills; to provide for sanctions; to provide for pre sumptions; to provide for approval of living wills; to provide that discontinu ance of life-sustaining procedures shall not constitute a suicide and shall not impair or invalidate life insurance policies; to provide for the transfer of patients under certain conditions; to prohibit certain health providers and health care service plans from requiring persons to execute living wills; to provide for exceptions; to provide for penalties; to provide for construction; to provide for other matters related thereto; 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 public health, is amended by adding at the end thereof a new Chapter 32 to read as follows:
"CHAPTER 32
31-32-1. (a) The General Assembly finds that modern medical technology has made possible the artificial prolongation of human life.
(b) The General Assembly further finds that, in the interest of pro tecting individual autonomy, such prolongation of life for persons with a terminal condition may cause loss of patient dignity and unnecessary pain and suffering, while providing nothing medically necessary or bene ficial to the patient.
(c) The General Assembly further finds that there exists consider able uncertainty in the medical and legal professions as to the legality of terminating the use of life-sustaining procedures in certain situations.
(d) In recognition of the dignity and privacy which patients have a right to expect, the General Assembly declares that the laws of the State of Georgia shall recognize the right of a competent adult person to make a written directive, known as a living will, instructing his physician to withhold or withdraw life-sustaining procedures in the event of a termi nal condition.
31-32-2. As used in this chapter, the term:
(1) 'Attending physician' means the physician who has been se lected by or assigned to the patient and who has assumed primary re sponsibility for the treatment and care of the patient or the physician providing treatment and care of the patient, which physician has been directed by the physician selected by or assigned to the patient to provide such treatment and care.
(2) 'Competent adult' means a person of sound mind who is 18 years of age or older.
(3) 'Declarant' means a person who has executed a living will au thorized by this chapter.
(4) 'Hospital' means a facility which has a valid permit or provi-

WEDNESDAY, JANUARY 18, 1984

221

sional permit issued under Chapter 7 of this title and which is primarily engaged in providing to inpatients, by or under the supervision of physi cians, diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons.
(5) 'Life-sustaining procedures' means any medical procedures or interventions, which, when applied to a patient in a terminal condition, would serve only to prolong the dying process and where, in the judgment of the attending physician and a second physician, death will occur whether or not such procedures or interventions are utilized. The term 'life-sustaining procedures' shall not include the following:
(A) Nourishment; or
(B) The administration of medication or the performance of any medical procedure deemed necessary to alleviate pain.
(6) 'Living will' means a written document voluntarily executed by the declarant in accordance with the requirements of Code Section 3132-3 or 31-32-4.
(7) 'Patient' means a person receiving care or treatment from a physician.
(8) 'Physician' means a person lawfully licensed in this state to practice medicine and surgery pursuant to Article 2 of Chapter 34 of Title 43.
(9) 'Skilled nursing facility' means a facility having a valid permit or provisional permit issued under Chapter 7 of this title and which pro vides skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis.
(10) 'Terminal condition' means incurable condition caused by dis ease, illness, or injury which, regardless of the application of life-sus taining procedures, would produce death. The procedure for establishing a 'terminal condition' is as follows: Two physicians who, after personally examining the declarant, shall certify in writing, based upon conditions found during the course of their examination:
(A) There is no reasonable expectation for improvement in the condition of the declarant; and
(B) Death of the declarant from these conditions is imminent.
31-32-3. (a) Any competent adult may execute a document di recting that, should the declarant have a terminal condition, life-sus taining procedures be withheld or withdrawn. Such living will shall be signed by the declarant in the presence of at least two competent adults who, at the time of the execution of the living will, to the best of their knowledge:
(1) Are not related to the declarant by blood or marriage;
(2) Would not be entitled to any portion of the estate of the de clarant upon the declarant's decease under any testamentary will of the

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declarant, or codicil thereto, and would not be entitled to any such por tion by operation of law under the rules of descent and distribution of this state at the time of the execution of the living will;
(3) Are neither the attending physician nor an employee of the at tending physician nor an employee of the hospital or skilled nursing facil ity in which the declarant is a patient;
(4) Are not directly financially responsible for the declarant's med ical care; and
(5) Do not have a claim against any portion of the estate of the declarant.
(b) The declaration shall be in substantially the following form:
'LIVING WILL
Living will made this ___ of ___ (month, year).
I, _____, being of sound mind, willfully and voluntarily make known my desire that my life shall not be prolonged under the circum stances set forth below and do declare:
1. If at any time I should have a terminal condition as defined in and established in accordance with the procedures set forth in paragraph (10) of Code Section 31-32-2 of the Official Code of Georgia Annotated, I direct that the application of life-sustaining procedures to my body be withheld or withdrawn and that I be permitted to die;
2. In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this living will shall be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal;
3. This will shall have no force or effect seven years from the date I signed this document as stated above;
4. I understand that I may revoke this living will at any time;
5. I understand the full import of this living will, and I am at least 18 years of age and am emotionally and mentally competent to make this living will; and
6. If I have been diagnosed as pregnant, this living will shall have no force and effect during the course of my pregnancy.
Signed-
(City), ___ (County), and ___ (State of Residence).
I hereby witness this living will and attest that:
(1) The declarant is personally known to me and I believe the de clarant to be at least 18 years of age and of sound mind;

WEDNESDAY, JANUARY 18, 1984

223

(2) I am at least 18 years of age;
(3) To the best of my knowledge, at the time of the execution of this living will, I:
(A) Am not related to the declarant by blood or marriage;
(B) Would not be entitled to any portion of the declarant's estate by any will or by operation of law under the rules of descent and distri bution of this state;
(C) Am not the attending physician of declarant or an employee of the attending physician or an employee of the hospital or skilled nursing facility in which declarant is a patient;
(D) Am not directly financially responsible for the declarant's medical care; and
(E) Have no present claim against any portion of the estate of the declarant;
(4) Declarant has signed this document in my presence as aboveinstructed, on the date above first shown.
Witness-
Address-
Witness-
Address-
Additional witness required when living will is signed in a hospital or skilled nursing facility.
I hereby witness this living will and attest that I believe the declar ant to be of sound mind and to have made this living will willingly and voluntarily.
Witness:. Medical director of skilled nursing facility or his designee or chief of the hospital medical staff or his designee'
31-32-4. A living will shall have no force or effect if the declarant is a patient in a hospital or skilled nursing facility at the time the living will is executed unless the living will is signed in the presence of the two witnesses as provided in Code Section 31-32-3 and, additionally, is signed in the presence of either the chief of the hospital medical staff or his designee, if witnessed in a hospital, or the medical director or his desig nee, if witnessed in a skilled nursing facility.
31-32-5. (a) A living will may be revoked at any time by the de-

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clarant, without regard to his mental state or competency, by any of the following methods:
(1) By being canceled, defaced, obliterated, burnt, torn, or other wise destroyed by the declarant or by some person in his presence and by his direction;
(2) By the declarant or a person acting at the direction of the de clarant signing and dating a written revocation expressing the intent of the declarant to revoke. Such revocation shall become effective only upon communication to the attending physician by the declarant or by a per son acting on behalf of the declarant. The attending physician shall re cord in the patient's medical record the time and date when he received notification of the written revocation; or
(3) By any verbal or nonverbal expression by the declarant of his intent to revoke the living will. Such revocation shall become effective only upon communication to the attending physician by the declarant or by a person acting on behalf of the declarant. The attending physician shall record in the patient's medical record the time, date, and place of the revocation and the time, date, and place, if different, when he re ceived notification of the revocation.
(b) Any person who participates in the withholding or withdrawal of life-sustaining procedure pursuant to a living will, as authorized by this chapter, which person has actual knowledge that such living will has been properly revoked, shall not have any civil or criminal immunity oth erwise granted under this chapter for such conduct.
31-32-6. A living will shall be effective for a period of seven years from the date of execution thereof unless sooner revoked in a manner prescribed in Code Section 31-32-5. If the declarant of an unrevoked liv ing will becomes incapable of communicating with the attending physi cian, the living will shall remain in effect beyond such seven-year period until such time as the declarant is able to communicate with the attend ing physician. Nothing in this chapter shall be construed to prevent a declarant from reexecuting a living will at any time in accordance with the formalities of Code Sections 31-32-3 and 31-32-4. If the declarant has executed more than one living will, such seven-year period shall be determined from the date of execution of the last living will known to the attending physician.
31-32-7. (a) No physician nor any person acting under his direc tion and no hospital, skilled nursing facility, nor any agent or employee thereof who acting in good faith in accordance with the requirements of this chapter causes the withholding or withdrawal of life-sustaining pro cedures from a patient or who otherwise participates in good faith therein shall be subject to any civil liability therefor. No physician nor any person acting under his direction and no hospital, skilled nursing fa cility, nor any agent or employee thereof who acting in good faith in accordance with the requirements of this chapter causes the withholding or withdrawal of life-sustaining procedures from a patient or who other wise participates in good faith therein shall be guilty of any criminal act

WEDNESDAY, JANUARY 18, 1984

225

therefor, nor shall any person be guilty of unprofessional conduct therefor.
(b) No person who witnesses and attests a living will in good faith and in accordance with Code Section 31-32-3 shall be civilly or crimi nally liable or guilty of unprofessional conduct for such action.
31-32-8. (a) Prior to effecting a withholding or withdrawal of lifesustaining procedures from a patient pursuant to a living will, the attend ing physician:
(1) Shall determine that, to the best of his knowledge, the declar ant patient is not pregnant;
(2) Shall, without delay after the diagnosis of a terminal condition of the declarant, take the necessary steps to provide for written certifica tion by said physician of the declarant's terminal condition; and
(3) Shall make the living will, or a copy of the living will, and the written certification of the terminal condition a part of the declarant pa tient's medical records.
(b) The living will shall be presumed, unless revoked, to be the directions of the declarant regarding the withholding or withdrawal of life-sustaining procedures. No person shall be civilly liable for failing or refusing to effectuate the living will of the declarant patient. The attend ing physician who fails or refuses to comply with the declaration of a patient pursuant to this chapter shall make a good faith effort to advise the next of kin or legal guardian of the declarant that such physician is unwilling to effectuate the living will of the declarant patient. The at tending physician shall also make a good faith attempt to effect the transfer of the qualified patient to another physician who will effectuate the declaration of the patient. Failure of the attending physician to ad vise the next of kin or guardian or to make an attempt to effectuate the transfer of the declarant shall constitute unprofessional conduct by that physician.
31-32-9. (a) The making of a living will pursuant to this chapter shall not, for any purpose, constitute a suicide.
(b) The making of a living will pursuant to this chapter shall not restrict, inhibit, or impair in any manner the sale, procurement, issuance, or enforceability of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall be legally impaired or invalidated in any manner by the making of a living will pursuant to this chapter or by the withholding or withdrawal of life-sustaining procedures from an insured patient, nor shall the making of such a living will or the withholding or withdrawal of such life-sustaining procedures operate to deny any additional insurance benefits for accidental death of the patient in any case in which the ter minal condition of the patient is the result of accident, notwithstanding any term of the policy to the contrary.
(c) No physician, hospital, skilled nursing facility, or other health provider and no health care service plan, insurer issuing disability insur-

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ance, self-insured employee welfare benefit plan, or nonprofit hospital service plan shall require any person to execute a living will as a condi tion for being insured for, or receiving, health care services.
31-32-10. Any person who willfully conceals, cancels, defaces, ob literates, alters, or damages the living will of another without such de clarant's consent or who witnesses a living will knowing at the time he is not eligible to witness such living will under Code Section 31-32-3 or who coerces or attempts to coerce a person into making a living will shall be guilty of a misdemeanor. Any person who falsifies or forges the living will of another or willfully conceals or withholds personal knowledge of a revocation as provided in Code Section 31-32-5 with the intent to cause a withholding or withdrawal of life-substaining procedures contrary to the wishes of the declarant and, thereby, because of any such act, directly causes life-sustaining procedures to be withheld or withdrawn and death thereby to be hastened shall be subject to prosecution for criminal homi cide as provided in Chapter 5 of Title 16.
31-32-11. (a) Nothing in this chapter shall impair or supersede any legal right or legal responsibility which any person may have to ef fect the withholding or withdrawal of life-sustaining procedures in any lawful manner. In such respect the provisions of this chapter are cumulative.
(b) Nothing in this chapter shall be construed to condone, author ize, or approve mercy killing or to permit any affirmative or deliberate act or omission to end life other than to permit the process of dying as provided in this chapter. Furthermore, nothing in this chapter shall be construed to condone, authorize, or approve abortion.
(c) This chapter shall create no presumption concerning the inten tion of an individual who has not executed a declaration to consent to the use or withholding of life-sustaining procedures in the event of a terminal condition."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute offered by the Senate Committee on Judiciary and Constitutional Law, the yeas were 0, nays 41, and the substitute was lost.

On the adoption of the substitute offered by Senators Greene of the 26th and Allgood of the 22nd, the yeas were 44, nays 0, and the substitute was adopted.

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

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

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227

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Broun of 46th Bryant Cobb Coggin Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Land

McGill McKenzie Peevy Perry Phillips Reddish Scott of 36th Starr Tate Thompson Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Brown of 47th Burton Coleman Hill

Hudgins Kennedy Lester Scott of 2nd

Scott of 43rd Stumbaugh Timmons

Not voting was Senator Brantley.

On the passage of the bill, the yeas were 44, nays 11.

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

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

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.

Senator Kidd of the 25th moved that the Senate insist upon the Senate substitute to HB 828.

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On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 828.

The following resolution of the Senate was read and adopted:

SR 308. By Senator Kennedy of the 4th: A resolution commending A. F. Alderman.

Senator Kennedy of the 4th introduced Commander A. F. Alderman of the Amer ican Legion to the Senate.

Serving as doctor of the day today was Dr. John H. Hartley of Atlanta, Georgia.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 11:35 o'clock A.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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229

Senate Chamber, Atlanta, Georgia Thursday, January 19, 1984 Eleventh Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

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

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

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

| Mr. President:
i
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1092. By Representative Hudson of the 117th:
A bill to abolish the present method of compensating the Clerk of the Supe rior Court of Wilcox County, known as the fee system; to provide in lieu thereof an annual salary.

HB 1093. By Representative Hudson of the 117th:
A bill to consolidate the offices of tax receiver and tax collector of Wilcox County into the office of the tax commissioner of Wilcox County.

HB 1094. By Representative Hudson of the 117th:
A bill to provide for the appointment of the chief magistrate of Wilcox County by the governing authority of Wilcox County.

HB 1095. By Representative Royal of the 144th:
A bill to provide for the compensation of the chairman and members of the Board of Education of Mitchell County.

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HB 1113. 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 correct a typographical error in the description of the election dis tricts from which members of the board of commissioners are elected.

HB 815. By Representatives Phillips of the 93rd and Cummings of the 17th:
A bill to amend Subpart 2 of Part 2 of Article 16 Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school discipli nary tribunals, so as to require the board of education of each county, area, or independent school system to adopt certain mandatory procedures follow ing certain instances of alleged conduct on the part of students directed to ward teachers or other school officials or employees or certain property.

HB 950. By Representative Buck of the 95th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to bail generally, so as to authorize courts of inquiry to estab lish schedules of bail for certain offenses.

HB 965. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1983-84, known as the "General Appropriations Act," so as to change the revenue estimate and certain appropriations for the State Fiscal Year 198384.

HB 1003. By Representatives Steinberg of the 46th, Chambless of the 133rd, Karrh of the 109th and Daugherty of the 33rd:
A bill to amend Code Section 31-10-13 of the Official Code of Georgia An notated, relating to certificates of adoption and birth certificates, so as to provide for the issuance of birth certificates for persons born outside this country who are adopted in accordance with the laws of this state.

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

HR 542. By Representatives Murphy of the 18th, Lee of the 72nd and Evans of the 84th:
A resolution to repeal HR 440, relative to adjournment, which was adopted at the regular 1984 session.

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231

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

SB 428. By Senator Kidd of the 25th:
A bill to amend Code Section 21-3-285 of the Official Code of Georgia An notated, relating to the procedure for voting by absentee ballot, so as to change certain procedures.
Referred to Committee on Governmental Operations.

SB 429. By Senator Barnes of the 33rd:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings in general, so as to specify factors upon which awards of child custody shall be based.
Referred to Committee on Judiciary.

SB 430. By Senators Bryant of the 3rd and Kennedy of the 4th:
A bill to amend Code Section 31-3-4 of the Official Code of Georgia Anno tated, relating to powers of county boards of health, so as to authorize county boards of health to provide environmental health services and to charge and collect environmental health service fees.
Referred to Committee on Human Resources.

SB 431. By Senator Coggin of the 35th:
A bill to amend Chapter 14 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia RICO (Racketeer Influenced and Cor rupt Organizations) Act," so as to provide that the solicitor of a state court may maintain RICO actions in certain cases.
Referred to Committee on Judiciary.

SB 432. By Senator Coggin of the 35th:
A bill to amend Code Section 5-6-45 of the Official Code of Georgia Anno tated, relating to supersedeas in criminal cases, so as to allow payment of a fine to be a condition of a supersedeas bond in certain cases.
Referred to Committee on Judiciary.

SB 433. By Senator Coggin of the 35th:
A bill to amend Code Section 5-5-47 of the Official Code of Georgia Anno tated, relating to supersedeas bonds when a new trial motion is filed in a criminal case, so as to provide that Code Section 5-6-45, relating to superse deas and supersedeas bonds when notice of appeal is filed, shall apply equally in cases where a motion for a new trial is filed.
Referred to Committee on Judiciary.

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SB 434. By Senator Coggin of the 35th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and the possession of fire arms, so as to exempt full-time assistant district attorneys, full-time solici tors of state courts, full-time assistant solicitors of state courts, and full-time investigators from certain provisions relating to concealed weapons, carrying deadly weapons to public gatherings, and carrying a pistol without a license.
Referred to Committee on Judiciary.

SB 435. By Senator Stumbaugh of the 55th:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide that the boards of education of all counties of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census may provide by self-insurance for certain health and disability insurance programs.
Referred to Committee on Insurance.

:

SB 436. By Senators Hine of the 52nd and Broun of the 46th:

I

A bill to amend Part 1 of Article 7 of Chapter 2 of Title 20 of the Official

f.

Code of Georgia Annotated, relating to grants to school systems for local

?

property tax relief, so as to include vocational-technical schools.

Referred to Committee on Banking and Finance.

SB 437. By Senator Phillips of the 9th:

A bill to amend Title 15 of the Official Code of Georgia Annotated, relating

to courts, and Title 36 of the Official Code of Georgia Annotated, relating

to local government, so as to change certain provisions relative to the institu-

;

tion of proceedings to compel compliance with relevant law.

Referred to Committee on Judiciary.

SR 307. By Senators Coverdell of the 40th, Trulock of the 10th and Land of the

;

16th:

A resolution proposing an amendment to the Constitution so as to prohibit the payment of retirement benefits based on involuntary separation from employment or from public service to any present or former elected state official as a result of leaving elective office for any reason; to provide for the submission of this amendment for ratification or rejection.

Referred to Committee on Retirement.

?j

SR 309. By Senators Coverdell of the 40th, Trulock of the 10th and Land of the

16th:

f

A resolution proposing an amendment to the Constitution so as to prohibit

;

past and future service as a member of the General Assembly from being

used as creditable service under any public retirement or pension system

THURSDAY, JANUARY 19, 1984

233

except the Georgia Legislative Retirement System; to provide for the sub mission of this amendment for ratification or rejection.
Referred to Committee on Retirement.

SR 310. By Senators Burton of the 5th, Phillips of the 9th, Land of the 16th and others:
A resolution creating the Study Committee on the Handicapped Preschooler.
Referred to Committee on Human Resources.

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

HB 815. By Representatives Phillips of the 93rd and Cummings of the 17th:
A bill to amend Subpart 2 of Part 2 of Article 16 Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school discipli nary tribunals, so as to require the board of education of each county, area, or independent school system to adopt certain mandatory procedures follow ing certain instances of alleged conduct on the part of students directed to ward teachers or other school officials or employees or certain property.
Referred to Committee on Education.

HB 950. By Representative Buck of the 95th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to bail generally, so as to authorize courts of inquiry to estab lish schedules of bail for certain offenses.
Referred to Committee on Judiciary.

HB 965. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1983-84, known as the "General Appropriations Act," so as to change the revenue estimate and certain appropriations for the State Fiscal Year 198384.
Referred to Committee on Appropriations.

HB 1003. By Representatives Steinberg of the 46th, Chambless of the 133rd, Karrh of the 109th and Daugherty of the 33rd:
A bill to amend Code Section 31-10-13 of the Official Code of Georgia An notated, relating to certificates of adoption and birth certificates, so as to provide for the issuance of birth certificates for persons born outside this country who are adopted in accordance with the laws of this state.
Referred to Committee on Judiciary and Constitutional Law.

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JOURNAL OF THE SENATE

HB 1092. By Representative Hudson of the 117th: A bill to abolish the present method of compensating the Clerk of the Supe rior Court of Wilcox County, known as the fee system; to provide in lieu thereof an annual salary.
Referred to Committee on Federal, State and Community Affairs.
HB 1093. By Representative Hudson of the 117th: A bill to consolidate the offices of tax receiver and tax collector of Wilcox County into the office of the tax commissioner of Wilcox County.
Referred to Committee on Federal, State and Community Affairs.
HB 1094. By Representative Hudson of the 117th: A bill to provide for the appointment of the chief magistrate of Wilcox County by the governing authority of Wilcox County.
Referred to Committee on Federal, State and Community Affairs.
HB 1095. By Representative Royal of the 144th: A bill to provide for the compensation of the chairman and members of the Board of Education of Mitchell County.
Referred to Committee on Federal, State and Community Affairs.
HB 1113. 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 correct a typographical error in the description of the election dis tricts from which members of the board of commissioners are elected.
Referred to Committee on Federal, State and Community Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Consumer Affairs has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 390. Do pass. SB 367. Do pass.
Respectfully submitted,
Senator Bond of the 39th District, Chairman
Mr. President:

The Committee on Federal, State and Community Affairs has had under consider-

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235

ation the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 331. Do pass. SB 333. Do pass. SB 366. Do pass.

SB 372. Do pass by substitute. SR 278. Do pass.

Respectfully submitted,

Senator Scott of the 43rd District, Chairman

Mr. President:

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

SB 79. Do pass by substitute. SB 297. Do pass by substitute. SB 351. Do pass. SB 359. Do pass.

SB 388. SB 399. HB 908. HB 936.

Do pass. Do pass. Do pass. Do pass as amended.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the fol lowing resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 280. Do pass as amended.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 389. Do pass.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

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JOURNAL OF THE SENATE

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

SB 312. 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 for the commis sioning of juvenile court judges by the Secretary of State.

SB 329. By Senator Barnes of the 33rd:
A bill to amend Code Section 9-2-61 of the Official Code of Georgia Anno tated, relating to renewal of civil cases after dismissal, so as to provide that a renewed case filed within six months shall stand on the same footing, as to limitation, with the original case both where the original case was filed in a court of this state and where the original case was filed in a federal court.

SB 344. By Senators Hudgins of the 15th, Cobb of the 28th, Hill of the 29th and others:
A bill to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to gasoline marketing practices, so as to change certain provisions relating to the selling of controlled product to another dis tributor for retail sale.

SB 398. By Senators Greene of the 26th, Peevy of the 48th, Deal of the 49th and Barnes of the 33rd:
A bill to amend Code Section 15-16-21 of the Official Code of Georgia An notated, relating to fees of sheriff's services and disposition of fees, so as to provide that, in the event that there is multiple service at the same location, there shall be only one $20.00 charge for such service of process; to provide an effective date.

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 382. By Senator Kidd of the 25th:
A bill to amend an Act providing for the appointment of the initial chief magistrate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, so as to change the provisions relating to the selection of subsequent chief magistrates.

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

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

THURSDAY, JANUARY 19, 1984

237

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

SB 383. 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 provide for the appointment of a deputy recorder for the police court; to provide for the deputy recorder's powers, duties, and compensation; to change certain provisions relating to the mayor pro tem.

The report 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 384. By Senator Kidd of the 25th:
A bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Tax Collector, the Tax Receiver, and the Judge of the Probate Court of Putnam County on an annual salary, as amended, so as to change the provi sions relating to the compensation of the sheriff.

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

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

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

SB 385. By Senator Kidd of the 25th:
A bill to amend an Act creating a board of commissioners of Baldwin County, as amended, so as to provide for the election of board members from districts.

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

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

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

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JOURNAL OF THE SENATE

SB 386. 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 terms of office of the mayor and aldermen.

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

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

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

SB 393. By Senator Foster of the 50th:
A bill to provide for the term of office of the chief magistrate of Lumpkin County; to provide for the appointment of a successor chief magistrate for a certain term; to provide for the election of successor chief magistrates and for their terms of office.

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

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

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

SB 400. By Senator McKenzie of the 14th:
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 95, duly ratified at the 1962 general election and pro claimed by the Governor to be a part of the Constitution of 1945, which amendment provides for the election by the people of members of the Board of Education of Macon County.

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

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

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

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239

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.

The report 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 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.

The report 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 888. By Representatives Dobbs of the 74th and Lambert of the 66th:
A bill to provide for the Magistrate Court of Newton County; to provide that the judge of the Probate Court of Newton County shall serve as chief magistrate of Newton 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 903. By Representatives Brown of the 154th and Chance of the 129th:
A bill to change the provisions relating to the Magistrate Court of Liberty County so as to change the manner of selecting the chief magistrate and other magistrates and to provide for terms of and vacancies in such offices.

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

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

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

HB 920. By Representative Greene of the 130th:
A bill to provide for the election of the initial chief magistrate of the Magis trate Court of Webster County; to provide for the election of successors to said initial chief 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 50, nays 0.

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

HB 921. By Representative Greene of the 130th:
A bill to provide that the judge of the Probate Court of Quitman County shall serve as chief magistrate of the Magistrate Court of Quitman 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 929. By Representatives Auten of the 156th and McVeigh of the 155th:
A bill to amend an Act creating the State Court of Glynn County, so as to change the compensation of the clerk of said court.

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

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

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

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241

HB 935. By Representatives Colwell and Twiggs of the 4th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to the terms of superior courts, so as to change the terms of the Superior Courts of Gilmer 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 961. By Representative Birdsong of the 104th:
A bill to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Wilkinson County actually occupied by the owner as a residence and homestead.

I

The report 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 962. By Representative Birdsong of the 104th:
A bill to provide legislative intent; to provide that the judge of the Probate Court of Wilkinson County shall serve as chief magistrate of the Magistrate Court of Wilkinson 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 963. By Representative Birdsong of the 104th:

I

A bill to abolish the present method of compensating the Clerk of the Supe

rior Court of Wilkinson County, known as the fee system; to provide in lieu

;

thereof an annual salary.

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

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

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

HB 966. By Representatives Watts of the 41st and Murphy of the 18th:
A bill to amend an Act creating a new charter for the City of Dallas, 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.

HB 990. By Representative Royal of the 144th:
A bill to repeal an Act providing for the compensation of the chairman and members of the county board of education in all counties of this state having a population of not less than 20,900 nor more than 21,200 according to the United States decennial census of the 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 996. By Representative Greene of the 130th:
A bill to create a board of commissioners of Stewart County consisting of three members elected from districts.

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

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

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243

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

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

Allgood Barker Bowen Brannon
Brantley Broun of 46th
B ry? nt "TM Coggin Coleman Dawkins Dean English Engram Fincher Foster

Garner Gillis Greene Harris
Harrison Hm
Hine Holloway Howard Hud8ins Huggms Kennedy Kidd Land Lester McGill

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

Those not answering were Senators:

Barnes Bond Brown of 47th

Coverdell Deal

Horton Perry

Senator Cobb of the 28th introduced the chaplain of the day, Reverend Cleopatric Lacy, pastor of Mt. Zion Baptist Church, Griffin, Georgia, who offered scripture read ing and prayer.

The President introduced Honorable Ed Jenkins, U.S. Congressman from the Ninth Congressional District, who briefly addressed the Senate.

SENATE CALENDAR
Thursday, January 19, 1984
ELEVENTH LEGISLATIVE DAY
SB 51 State Patrol on Interstates--primary responsibility of Uniform Divi sion (SUBSTITUTE) (Pub Saf-43rd)
SB 149 State Examining Boards--provide for Senate confirmation (SUB STITUTE) (Gov Op--42nd)
SB 315 Merit System--certain records confidential (Gov Op--25th) SB 321 Special Elections--beginning date for qualifying (Gov Op--25th)

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SB 322 Candidate's Right to Recount--percentage difference required (Gov Op--25th)
SB 323 Additional Voter Registration Places--method and length of adver tisement (Gov Op--25th)
SB 325 County, State, Federal Poll Officers--may also serve in city elections (Gov Op--25th)
SB 326 Candidate Qualification--Secretary of State may designate hearing officer (Gov Op--25th)
SB 328 Election for United States Congress, General Assembly Mem bers--Secretary of State issue call (Gov Op--25th)
SB 336 Criminal Case Discovery--provisions on scientific reports (Judy--52nd)
SB 337 Criminal Cases--alternative to granting change of venue (Judy--52nd)
SB 342 Drivers' Licenses--time courts send reports certain convictions to Department of Public Safety (Pub Saf--28th)
SB 343 Motor Vehicle Certificate of Title Act--redefine "major component part" (Pub Saf--28th)
SB 346 Hospital Authority--change maximum number of members (Gov Op--18th)
SB 348 Coroners--change provisions on fees and compensation (Gov Op--51st)
SB 358 Sheriffs--minimum annual salary (SUBSTITUTE) (Gov Op--25th)
SB 364 Georgia Institute of Technology Engineering Experiment Sta tion--change to Research Institute (H Ed--41st)
SB 369 Transfer of Documents--in support actions (Judy--49th)
SB 370 Venue--where parties impleaded (Judy--49th)

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

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

The Senate Committee on Public Safety offered the following substitute to SB 51:

A BILL
To be entitled an Act to amend Code Section 35-2-32 of the Official Code of Georgia Annotated, relating to the jurisdiction and duties of the

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245

Georgia State Patrol, so as to provide that after a certain date the primary responsibility for performing certain duties upon the interstate highways shall be that of the Uniform Division but to allow other law enforcement agencies to perform such duties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 35-2-32 of the Official Code of Georgia An notated, relating to the jurisdiction and duties of the Georgia State Patrol, is amended by striking subsection (b) thereof and inserting in its place a new subsection (b) to read as follows:
"(b) It shall be the primary duty of the Uniform Division to patrol the public roads and highways of this state, including interstate and state maintained highways, and to safeguard the lives and property of the pub lic; and such duty shall also include accident investigation and traffic en forcement. The Uniform Division shall prevent, detect, and investigate violations of the criminal laws of this state, any other state, or the United States which are committed upon these public roads and highways or upon property appertaining thereto and shall apprehend and arrest those persons who violate such criminal laws. On and after July 1, 1990, or at such earlier date as the availability of trained personnel will permit, the primary responsibility for performing on the interstate highways of this state those duties described above in this subsection shall be that of the Uniform Division, and no other law enforcement agencies shall be re quired to perform these duties upon the interstate highways, although these other agencies may perform these duties."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senators Hudgins of the 15th and Timmons of the llth offered the following amendment:
Amend the substitute to SB 51 offered by the Senate Committee on Public Safety by adding on Page 1, line 18, after the word "highways," the following:
"highways through military reservations where they shall have joint jurisdiction with the military police,"

On the adoption of the amendment, the yeas were 37, nays 1, and the amendment was adopted.

On the adoption of the substitute, the yeas were 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.

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant 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 McGill McKenzie Phillips
Reddish 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:

Deal

Garner

Peevy

Those not voting were Senators Bowen and Perry.

On the passage of the bill, the yeas were 51, nays 3.

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

Senator Dawkins of the 45th introduced a doctor of the day, Dr. Rodney Utke, of Conyers, Georgia.

The following resolution of the Senate was read and adopted:

SR 312. By Senator Kidd of the 25th:
A resolution honoring the Georgia Special Olympics and commending the participants therein.
Senator Kidd of the 25th introduced a group of people who work with the Special Olympics.

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247

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

Mr. President:

The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:

HB 828. By Representatives Randall of the 101st, Lucas of the 102nd and Groover of the 99th:
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.

The Speaker has appointed on the part of the House, Representatives Randall of the 101st, Home of the 103rd and Groover of the 99th.

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

SB 149. By Senator Howard of the 42nd:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Anno tated, relating to general provisions regarding licensure of professions and businesses, so as to provide for definitions; to provide for Senate confirma tion of appointees to state examining boards.

The Senate Committee on Governmental Operations offered the following substi tute to SB 149:
A BILL
To be entitled an Act to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding licen sure of professions and businesses, so as to provide for Senate confirmation of appointees to state examining boards; to provide for removal and eligibil ity to vote of members of state examining boards; to provide for disciplinary sanctions and license denial by state examining boards and provide for sub poenas, hearings, investigations, and proceedings relating thereto; to provide for supplemental regulation of licensed professions and businesses; to pro vide for injunctive relief; to provide for release of information regarding in-

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vestigations and sanctions; to provide for inactive status licenses; to delete certain requirements regarding filing, recording, and reporting of licenses; to provide immunity from liability for certain actions; to preserve the existing regulation of certain persons licensed by state examining boards and pre serve existing laws and standards applicable to the relationship between these persons and those to whom they render certain services; to provide for applicability; to provide for rules and regulations; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 43 of the Official Code of Georgia An notated, relating to general provisions regarding licensure of professions and businesses, is amended by adding at the end thereof new Code Sections 431-16 through 43-1-25 to read as follows:
"43-1-16. Each person appointed by the Governor as a member of a state examining board shall be confirmed by the Senate; and any such appointment made when the Senate is not in session shall be effective until the appointment is acted upon by the Senate.
43-1-17. The Governor, after notice and opportunity for hearing, may remove from office any member of a state examining board for any of the following:
(1) Inability or neglect to perform the duties required of members;
(2) Incompetence; or
(3) Dishonest conduct.
43-1-18. Without affecting the eligibility to vote of any other member of a state examining board, each consumer member of a state examining board shall be eligible to vote on all matters brought before that board.
43-1-19. (a) A state examining board shall have the authority to refuse to grant a license to an applicant therefor or to revoke the license of a person licensed by that board or to discipline a person licensed by that board, upon a finding by a majority of the entire board that the licensee or applicant has:
(1) Failed to demonstrate the qualifications or standards for a li cense contained in this Code section, or under the laws, rules, or regula tions under which licensure is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he so desires;
(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to

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practice the licensed business or profession; or made a false statement or deceptive registration with the board;
(3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or coun try or in the courts of the United States; as used in this paragraph and paragraph (4) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, with out regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought;
(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:
(A) A plea of nolo contendere was entered to the charge;
(B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or
(C) An adjudication or sentence was otherwise withheld or not en tered on the charge.
The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evi dence of arrest and sentencing for such crime;
(5) Had his license to practice a business or profession licensed under this title revoked, suspended, or annulled by any lawful licensing authority other than the board; or had other disciplinary action taken against him by any such lawful licensing authority other than the board; or was denied a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; or was refused the re newal of a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings;
(6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to prac tice a business or profession licensed under this title, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed business or profession but shows that the li censee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional conduct shall also include any departure from, or the failure to conform to, the mini mal standards of acceptable and prevailing practice of the business or profession licensed under this title;
(7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by a state examining board to practice a business or profession licensed under this title or to practice

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outside the scope of any disciplinary limitation placed upon the licensee by the board;
(8) Violated a statute, law, or any rule or regulation of this state, any other state, the state examining board regulating the business or pro fession licensed under this title, the United States, or any other lawful authority (without regard to whether the violation is criminally punish able), which statute, law, or rule or regulation relates to or in part regu lates the practice of a business or profession licensed under this title, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement;
(9) Been adjudged mentally incompetent by a court of competent jurisdiction within or without this state; any such adjudication shall auto matically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adju dication of incompetence is in effect; or
(10) Displayed an inability to practice a business or profession li censed under this title with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness, use of alco hol, drugs, narcotics, chemicals, or any other type of material.
(b) The provisions of Chapter 13 of Title 50, the 'Georgia Adminis trative Procedure Act,' with respect to emergency action by a state ex amining board and summary suspension of a license are adopted and in corporated by reference into this Code section.
(c) For purposes of this Code section, a state examining board may obtain, through subpoena by the joint secretary, upon reasonable grounds, any and all records relating to the mental or physical condition of a licensee or applicant, and such records shall be admissible in any hearing before the board.
(d) When a state examining board finds that any person is unquali fied to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section or the laws, rules, or regu lations relating to the business or profession licensed by the board, the board may take any one or more of the following actions:
(1) Refuse to grant or renew a license to an applicant;
(2) Administer a public or private reprimand, but a private repri mand shall not be disclosed to any person except the licensee;
(3) Suspend any license for a definite period or for an indefinite pe riod in connection with any condition which may be attached to the res toration of said license;
(4) Limit or restrict any license as the board deems necessary for the protection of the public;

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(5) Revoke any license;
(6) Condition the penalty upon, or withhold formal disposition pend ing, the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct; or
(7) Impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the licensed business or profession.
(e) In addition to and in conjunction with the actions described in subsection (d) of this Code section, a state examining board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty; or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose.
(0 Initial judicial review of a final decision of a state examining board shall be had solely in the superior court of the county of domicile of the board.
(g) In its discretion, a state examining board may reinstate a license which has been revoked or issue a license which has been denied or re fused, following such procedures as the board may prescribe by rule; and, as a condition thereof, it may impose any disciplinary or corrective method provided in this Code section or the laws relating to the licensed business or profession.
(h) (1) The joint-secretary of the state examining boards is vested with the power and authority to make, or cause to be made through em ployees or agents of each state examining board, such investigations as he or the board may deem necessary or proper for the enforcement of the provisions of this Code section and the laws relating to businesses and professions licensed by that board. Any person properly conducting an investigation on behalf of a state examining board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The joint-secretary or his ap pointed representative may issue subpoenas to compel such access upon a determination that reasonable grounds exist for the belief that a violation of this Code section or any other law relating to the practice of the li censed business or profession may have taken place.
(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. No part of any such records shall be released, except to the board, for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority.
(3) If a licensee is the subject of a board inquiry, all records relating to any person who receives services rendered by that licensee in his ca pacity as licensee shall be admissible at any hearing held to determine whether a violation of this chapter has taken place, regardless of any

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statutory privilege; provided, however, that any documentary evidence re lating to a person who received those services shall be reviewed in camera and shall not be disclosed to the public.
(4) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any discipli nary matter in private with a licensee or applicant and the legal counsel of that licensee or applicant.
(i) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investi gating the acts or omissions for a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice a business or profession licensed under this title or for initiating or conducting pro ceedings against such licensee or applicant, if such report is made or ac tion is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to a state examining board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding involving the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice the business or profession licensed by the board shall be immune from civil and criminal liability for so testifying.
(j) Neither the issuance of a private reprimand nor the denial of a license by reciprocity nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a previously denied license shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; notice and hearing within the meaning of said Act shall not be required, but the applicant or licensee shall be allowed to appear before the board if he so requests;
(k) If any licensee or applicant after reasonable notice fails to ap pear at any hearing of the state examining board for that licensee or applicant, the board may proceed to hear the evidence against such licen see or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served person ally upon the licensee or applicant or served by certified mail, return re ceipt requested, to the last known address of record with the board. If such material is served by certified mail and is returned marked 'un claimed' or 'refused' or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the joint-secretary shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon the joint-secretary shall be deemed to be service upon the licensee or applicant;
(1) The voluntary surrender of a license or the failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of said license, subject to reinstatement in the dis cretion of a board. A board may restore and reissue a license to practice under the law relating to that board and, as a condition thereof, may impose any disciplinary sanction provided by this Code section or the law relating to that board.

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(m) This Code section shall apply equally to all licensees or appli cants whether individuals, partners, or members of any other incorpo rated or unincorporated associations, corporations, or other associations of any kind whatsoever;
(n) Regulation by a state examining board of a business or profes sion licensed under this title shall not exempt that business or profession from regulation pursuant to any other applicable law, including but not limited to Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Busi ness Practices Act of 1975.'
(o) Subsections (a), (d), and (e) of this Code section shall be supple mental to and shall not operate to prohibit any examining board from acting pursuant to those provisions of law which may now or hereafter authorize other disciplinary grounds and actions for that particular state examining board. In cases where those other provisions of law so author ize other disciplinary grounds and actions but subsections (a), (d), or (e) of this Code section limit such grounds or actions, those other provisions shall apply.
43-1-20. A state examining board, the joint-secretary, or the appro priate prosecuting attorney may bring an action to enjoin the unlicensed practice by any person of a profession or business required to be licensed by a state examining board. The action to restrain and enjoin such unli censed practice shall be brought in the superior court of the county where the unlicensed person resides. It shall not be necessary to allege or prove that there is no adequate remedy at law to obtain an injunction under this Code section.
43-1-21. The joint-secretary of the state examining boards is author ized to provide to any lawful licensing authority of this or any other state, upon inquiry by such authority, information regarding a past or pending investigation of or disciplinary sanction against any applicant for licensure by that board or licensee of that board notwithstanding the pro visions of subsection (h) of Code Section 43-1-19 or any other law to the contrary regarding the confidentiality of that information.
43-1-22. The joint-secretary of the state examining boards may pro vide for inactive status licenses for the various state examining boards.
43-1-23. No licensee of a state examining board shall be required to file or record his license with the clerk of the superior court, and no clerk shall be required to report the filing or recordation of any such license.
43-1-24. Any person licensed by a state examining board and who practices a 'profession,' as defined in Chapter 7 of Title 14, the 'Georgia Professional Corporation Act,' or who renders 'professional services,' as defined in Chapter 10 of Title 14, 'The Professional Association Act,' whether such person is practicing or rendering services as a proprietor ship, partnership, professional corporation, professional association, other corporation, or any other business entity, shall remain subject to regula tion by that state examining board, and such practice or rendering of services in that business entity shall not change the law or existing stan dards applicable to the relationship between that person rendering a pro fessional service and the person receiving such service, including but not

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limited to the rules of privileged communication and the contract, tort, and other legal liabilities and professional relationships between such persons.
43-1-25. Except as provided in subsection (o) of Code Section 43-119, Code Sections 43-1-16 through 43-1-24 shall apply to all state exam ining boards and licenses thereunder, except the Georgia Real Estate Commission and its licensees, notwithstanding any other law to the con trary, and each such state examining board may promulgate rules and regulations to implement the authority provided by the applicability of said provisions to said boards."
Section 2. This Act shall become effective July 1, 1984.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

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

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill HHoinlleoway
Horton Howard Hudgins Huggins Kennedy Kidd Land

Lester McGill McKenzie Peevy Phillips Reddish Scott of 2nd f 43rf s Se tumb. aughu
i,fte Thompson Timmons Trulock Turner Tysinger Walker

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255

Those not voting were Senators:

Bowen

Perry

Scott of 36th

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

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

SB 315. By Senator Kidd of the 25th:
A bill to amend Article I of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system of personnel administra tion, so as to provide that certain records and materials of the State Merit System of Personnel Administration shall be and remain confidential.
Senator Gillis of the 20th offered the following amendment:

Amend SB 315 by adding on Page 3, after line 11, a new subsection (g) to read as follows:
"(g) Any hearing regarding the dismissal of a state employee cov ered by the Merit System must be held in the county in which the em ployee resides."

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

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

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

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin

Coleman Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison

Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Phillips

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Reddish Scott of 2nd
Scott of 36th Scott of 43rd Starr

Stumbaugh Tate Thompson Timmons

Trulock Turner Tysinger Walker

Those not voting were Senators:

Fincher Hill

Howard

Perry

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

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

SB 321. By Senators Kidd of the 25th, Brannon of the 51st, Barker of the 18th and Garner of the 30th:
A bill to amend Code Section 21-2-132 of the Official Code of Georgia An notated, relating to the filing of notice of candidacy, so as to provide for a beginning date for qualifying in special elections; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley 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 McGill McKenzie Peevy Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons

THURSDAY, JANUARY 19, 1984

257

Trulock Turner

Tysinger

Walker

Those not voting were Senators:

Garner Hill

Hudgins

Perry

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

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

SB 322. By Senators Kidd of the 25th, Brannon of the 51st, Barker of the 18th and Garner of the 30th:
A bill to amend Code Section 21-3-405 of the Official Code of Georgia An notated, relating to a losing candidate's right to recount, so as to change the percentage difference required for a recount; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

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

English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

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

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Those not voting were Senators:

Garner Hill

Perry

Trulock

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Deal of the 49th introduced Dr. John W. Forest of Gainesville, Georgia, and Senator Peevy of the 48th introduced a doctor of the day, Dr. Mark Coppage, of Lawrenceville, Georgia.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 323. By Senators Kidd of the 25th, Brannon of the 51st, Barker of the 18th and Garner of the 30th:
A bill to amend Code Section 21-2-218 of the Official Code of Georgia An notated, relating to the board of registrars and registration of voters, so as to provide a change in the method and length of advertisement of additional voter registration places.

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

On the 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

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

Lester McGill Peevy Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh
T1 a<t1<1C
Thompson Timmons Trulock Turner Tysinger Walker

THURSDAY, JANUARY 19, 1984

259

Those not voting were Senators:

Bond

McKenzie

Perry

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

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

SB 325. By Senators Kidd of the 25th, Brannon of the 51st, Barker of the 18th and Garner of the 30th:
A bill to amend Code Section 21-3-34 of the Official Code of Georgia Anno tated, relating to qualifications of poll officers, so as to provide that in cer tain instances poll officers assigned to conduct county, state, or federal elec tions may also be authorized to serve as poll officers in municipal elections.

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

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

Those voting in the affirmative were Senators:

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

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

Land Lester McGill Peevy Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Broun of 46th

McKenzie Perry

Phillips Timmons

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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.

SB 326. By Senators Kidd of the 25th, Brannon of the 51st, Barker of the 18th and Garner of the 30th:
A bill to amend Code Section 21-2-5 of the Official Code of Georgia Anno tated, relating to qualifications of candidates for federal and state office, so as to provide that the Secretary of State may designate a hearing officer for hearings regarding the qualifications of any candidate.

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

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

Those voting in the affirmative were Senators:

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

Fincher Foster Garner
Gillis Greene Harris
Harrison Hill
Hine Holloway
Horton Howard Hudgins
Huggins Kennedy Kidd

Lester McGill McKenzie
Phillips Reddish
Scott of 2nd Scott of 36th
Scott of 43rd Starr
Stumbaugh Tate Thompson
Trulock Turner
Tysinger Walker

Those voting in the negative were Senators Deal and Peevy.

Those not voting were Senators:

Barker

Land

Broun of 46th

Perry

Timmons

On the passage of the bill, the yeas were 49, nays 2.

THURSDAY, JANUARY 19, 1984

261

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

SB 328. By Senators Kidd of the 25th, Brannon of the 51st, Barker of the 18th and Garner of the 30th:
A bill to amend Article 14 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to special elections and primaries, so as to pro vide that the Secretary of State shall issue the call for the special elections for United States congressional representatives and for members of the Gen eral Assembly.

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

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

Those voting in the affirmative were Senators:

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

Dean English Engram
Fincher Foster
Garner Harris Harrison
Hill Hine
Holloway Horton Howard Huggins
Kennedy Land

Those not voting were Senators:

Gillis Greene Hudgins

Kidd Perry

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

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

The following resolution of the Senate was read and adopted:

SR 311. By Senators Kidd of the 25th, McGill of the 24th, Horton of the 17th and others:
A resolution relative to the "LIFE. BE IN IT" Program.

Senator Kidd of the 25th introduced a group of people who work with the "LIFE. BE IN IT" Program.

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

SB 336. By Senator Hine of the 52nd:
A bill to amend Article 9 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in criminal cases, so as to remove existing provisions relating to discovery of scientific reports.

*

Senator Hine of the 52nd moved that SB 336 be committed to the Senate Com-

,?

mittee on Judiciary.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 336 was committed to the Senate Committee on Judiciary.

SB 337. By Senator Hine of the 52nd:
A bill to amend Part 3 of Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demurrers, motions, and special pleas in criminal cases, so as to provide that, as an alternative to granting a change of venue, a judge may remove the proceedings to another county for the purpose of empaneling and selecting a jury.

Senator Hine of the 52nd offered the following amendment:

Amend SB 337 by striking on Page 1, line 15, the following: "17-7-53",

and inserting in lieu thereof the following:

^

"17-7-153",

|

and by striking on Page 1, line 24, the word, "emapaneling", and inserting

'.;

in lieu thereof the following:

"empaneling".

THURSDAY, JANUARY 19, 1984

263

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 Brannon Brantley
Broun of 46th 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 McGill McKenzie Phillips
Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh
Tate Thompson
Timmons Turner Tysinger
Walker

Those voting in the negative were Senators Brown of 47th and Peevy.

Those not voting were Senators:

Perry

Starr

Trulock

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

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

SB 342. By Senator Cobb of the 28th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to change the provisions relating to the time at which courts send licenses and reports of certain convictions to the Department of Public Safety.

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JOURNAL OF THE SENATE

Senator Cobb of the 28th offered the following substitute to SB 342:

A BILL
To be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change the provisions relating to the time at which courts send licenses and reports of certain convictions to the Department of Public Safety; to provide for the mandatory suspension of a driver's license after a conviction for homicide by vehicle in the first degree while the appeal of any such conviction is pending; to provide for the return of licenses to persons whose convictions are nulli fied on appeal; to provide credit for periods of suspension in cases where convictions are nullified upon appeal; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 40 of the Official Code of Georgia An notated, relating to drivers' licenses, is amended by striking in its entirety Code Section 40-5-53 and inserting in lieu thereof a new Code Section 40-553 to read as follows:
"40-5-53. (a) Except as otherwise provided in subsection (c) of this Code section, whenever any person is convicted of any offense for which this chapter makes mandatory the suspension of the license of such per son by the department, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward the same, together with the uniform citation form authorized by Article 1 of Chapter 13, of this title, within 15 days after the conviction.
(b) Every court having jurisdiction over offenses committed under this chapter or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regula tions governing standing or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. The department shall pay to the clerk of the court forwarding the report 25< for each report forwarded.
(c) Whenever any person is convicted of violating subsection (a) of Code section 40-6-393, relating to homicide by vehicle, for which this chapter makes mandatory the suspension of the license of such person by the department, the court in which such conviction is had shall require, immediately after the conviction for any such offense and regardless of whether such conviction is appealed, the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward the same, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, within 15 days after the conviction. Due to the seriousness of an offense covered in subsection (a) of Code Section 40-6-393, the driver's license of a person shall be suspended while the conviction of such an offense is under appeal. Periods of sus pension shall be governed by the provisions of Code Section 40-5-63, and any period for which a driver's license is suspended prior to final convic-

THURSDAY, JANUARY 19, 1984

265

tion shall be counted in computing periods of suspension under Code Sec tion 40-5-63."
Section 2. Said chapter is further amended by striking in its entirety Code Section 40-5-54, relating to mandatory suspension of license by de partment for certain offenses, and inserting in lieu thereof a new Code Sec tion 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.
In cases where a license is suspended and surrendered while the con viction is appealed pursuant to the provisions of subsection (c) of Code Section 40-5-53, such appeal shall not act as a supersedeas of any order or acts of the department and no such person shall be allowed to operate any vehicle in violation of any suspension or revocation by the depart ment while any such appeal is pending."
Section 3. Said chapter is further amended by adding at the end of Code Section 40-5-61, relating to surrender and return of license, a new subsection (f) to read as follows:
"(f) Notwithstanding the provisions of Code Section 40-5-62 or 405-63, if the conviction of any person, resulting in the suspension of the person's driver's license while the appeal is pending, is nullified on ap peal, the department shall return the license to the person within ten days after proof of such nullification is furnished by the person or the court. The period in which such person was denied a license pending the appeal shall be credited to the person's record for the purpose of offset-

266

JOURNAL OF THE SENATE

ting an equal number of days in any subsequent period of revocation or suspension assessed under this chapter."
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 persons convicted after the effective date of this Act.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Cobb of the 28th offered the following amendment:

Amend the substitute to SB 342 offered by Senator Cobb of the 28th by striking on Page 4, Section 3, line 20, after the word "court." the rest of line 20 and strike lines 21 through 24.

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 33, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes
Bond
Bowen Brannon Brantley Broun of 46th BBrroywannt of 47th Burton Cobb Coggin Coleman Coverdell Deal Dean

English Engram Foster
Garner
Gillis Greene Harris Harrison H..l.1.1. Hine Holloway Horton Howard Hudgins Huggins Kennedy

Kidd Land Lester
McGill
Phillips Reddish Scott of 2nd Scott of 36th Sccott of. 4.3, rd, Starr Stumbaugh Tate Thompson Turner Tysinger Walker

THURSDAY, JANUARY 19, 1984

267

Those voting in the negative were Senators Dawkins and Peevy. Those not voting were Senators:

Fincher McKenzie

Perry Timmons

Trulock

On the passage of the bill, the yeas were 49, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following local bill of the House was taken up for the purpose of considering the House action thereon:

; 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.
Senator Kidd of the 25th moved that the Senate adhere to the Senate substitute to HB 828 and that a Conference Committee be appointed.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 828.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Harris of the 27th, Barker of the 18th and Kidd of the 25th.
Senator English of the 21st introduced a 4-H Club group and Lee Rodgers Berger, State President of Georgia 4-H Clubs, who briefly addressed the Senate.

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JOURNAL OF THE SENATE

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

SB 343. By Senator Cobb of the 28th:
A bill to amend Code Section 40-3-2 of the Official Code of Georgia Anno tated, relating to definitions in the "Motor Vehicle Certificate of Title Act," so as to change the definition of the term "major component part".

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

On the 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 Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

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

Those not voting were Senators:

Bond Garner

Perry

Stumbaugh

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

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

THURSDAY, JANUARY 19, 1984

269

SB 346. By Senators Barker of the 18th and Kidd of the 25th:
A bill to amend Code Section 31-7-72 of the Official Code of Georgia Anno tated, relating to the creation of hospital authorities, so as to change the maximum number of members of a hospital authority.

Senator Broun of the 46th offered the following amendment:

Amend SB 346 by striking line 4 of Page 1 in its entirety and inserting in lieu thereof the following:
"of a hospital authority; to provide for consideration to be given to doctors of medicine and registered nurses with regard to appointments to fill vacancies; to repeal conflicting laws; and for".
By striking line 20 of Page 1 in its entirety and inserting in lieu thereof the following:
"governing body. Whenever an appointment to fill a vacancy on the board of any hospital authority is made, either for an unexpired term or a full term, every consideration shall be given to the nomination and choice of a licensed doctor of medicine or a registered nurse to fill such vacancy. No authority created hereunder shall".

On the adoption of the amendment, the yeas were 30, 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:

Barker Barnes Bond Bowen Brannon 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 Holloway Horton Howard

Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr

270
Stumbaugh Tate Thompson

JOURNAL OF THE SENATE

Timmons Trulock Turner

Tysinger Walker

Those not voting were Senators:

Allgood

Coleman

Perry

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

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

SB 348. By Senator Brannon of the 51st:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change certain provisions relating to fees and compensation of coroners.

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

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

Those voting in the affirmative were Senators:

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

English Fincher Foster Garner Gillis Harris Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Lester McGill McKenzie Peevy Phillips Reddish Scott of 2nd Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators Engram and Greene.

THURSDAY, JANUARY 19, 1984

271

Those not voting were Senators:

Bowen Coverdell

Harrison Perry

Scott of 36th Starr

On the passage of the bill, the yeas were 48, nays 2.

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

SB 358. By Senator Kidd of the 25th: A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to change the minimum annual salary of the sheriff.
Senator Kidd of the 25th moved that SB 358 be postponed until Monday, January 23.
On the motion, the yeas were 35, nays 2; the motion prevailed, and SB 358 was postponed until Monday, January 23.

SB 364. By Senator Tysinger of the 41st:
A bill to amend Chapter 11 of Title 20 of the Official Code of Georgia Annotated, relating to the Engineering Experiment Station at the Georgia Institute of Technology, so as to authorize changing the name of the Engi neering Experiment Station to "Georgia Tech Research Institute".

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

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

Those voting in the affirmative were Senators:

Allgood
Barker Barnes Bond
Bowen Brannon
Brantley Broun of 46th
Brown of 47th Bryant Burton
Cobb Coggin
Coleman

Coverdell
Dawkins Deal Dean
English Engram
Fincher Foster
Garner Gillis Greene
Harris Harrison
Hine

Holloway
Horton Howard Hudgins
Huggins Kennedy Kidd
Land Lester
McGill McKenzie Peevy
Phillips Reddish

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JOURNAL OF THE SENATE

Scott of 36th Scott of 43rd Starr Stumbaugh

Tate Thompson Timmons

Turner Tysinger Walker

Those not voting were Senators:

Hill Perry

Scott of 2nd

Trulock

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

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

SB 369. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Uniform Reciprocal Enforcement of Support Act," so as to provide that a court of this state, acting as a responding state, shall transfer the documents, received by it if it discovers that the respondent or his property may be found in another county of this state or in another state.

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

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

Those voting in the affirmative were Senators:

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

English Engram Fincher Foster Garner Gillis
Greene Harris HHianrenson
HHoolrltoown ay
Howard Hudgins Huggins Kennedy Kidd Land

Lester McGill McKenzie Peevy Phillips Reddish Scott of 2nd Scott of 36th c?, 'ot..t off 4.3, rd,
^Sttuarmrb. augh,
*ate Thompson Timmons Turner Tysinger Walker

THURSDAY, JANUARY 19, 1984

273

Those not voting were Senators:

Hill

Perry

Trulock

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

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

SB 370. By Senators Deal of the 49th, Peevy of the 48th, Greene of the 26th and others:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to venue in civil practice, so as to pro vide that venue may be proper in a county other than the county of resi dence of a person or entity impleaded into a pending civil case by a defend ing party who contends that such person or entity is or may be liable to said defending party for all or part of the claim against said defending party.

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

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

Those voting in the affirmative were Senators:

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

English Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd

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

274

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Those not voting were Senators:

Brantley Harrison

Perry Reddish

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

SR 316. By Senators Stumbaugh of the 55th, Allgood of the 22nd, Cobb of the 28th and others:
A resolution expressing the sense of the Senate concerning line item appro priation of funds to the legislative branch of government.

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 Broun of 46th Brown of 47th Bryant 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

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

Those not voting were Senators:

Brantley Greene

Harrison Hill

Perry Trulock

On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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275

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 12:34 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Friday, January 20, 1984 Twelfth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Kennedy of the 4th reported that the Journal of yesterday's proceedings had been read and found correct.

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

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

Mr. President:

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

HB 599. By Representatives Phillips of the 125th and Triplett of the 128th:
A bill to amend an Act creating the State Court of Chatham County, so as to abolish the positions of clerk of state court and sheriff of state court.

HB 1116. By Representative Hudson of the 117th:
A bill to amend an Act to incorporate the City of Rochelle, so as to change the punishment which may be imposed by the mayor's or recorder's court.

HB 1117. By Representative Hudson of the 117th: A bill to provide for the Magistrate Court of Pulaski County.

HB 1119. By Representative Auten of the 156th:
A bill to amend an Act providing for the election of members of the board of education of Mclntosh County, so as to provide for staggered terms of office for the chairman and members of said board of education.

HB 1120. By Representative Auten of the 156th:
A bill to provide for the appointment of the county school superintendent of Mclntosh County by the board of education of Mclntosh County.

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277

HB 1121. By Representative Auten of the 156th:
A bill to amend an Act providing for the election of the members of the board of education of Mclntosh County, so as to change the compensation of the chairman and members of said board.

HB 1124. By Representatives Millsaps of the 61st, Barnett of the 59th, White of the 62nd and others:
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 change the provisions relative to certain education districts.

HB 1136. By Representatives Buck of the 95th, Galer of the 97th, Phillips of the 93rd and others:
A bill to provide that the judge of the Municipal Court of Columbus and Muscogee County shall serve as the chief magistrate of the Magistrate Court of Muscogee County.

HB 1141. By Representative Godbee of the 110th: A bill to make provisions for the Magistrate Court of Jenkins County.

HB 998. By Representatives Thomas of the 69th, Johnson of the 70th, Childs of the 53rd and others:
A bill to amend Code Section 16-6-4 of the Official Code of Georgia Anno tated, relating to the offense of child molestation, so as to provide that when child molestation involves physical injury to the child or an act of sodomy it shall constitute the offense of aggravated child molestation.

HB 511. By Representative Aiken of the 21st:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to change the punishment for the offenses of child molestation and enticing a child for indecent purposes.

HB 309. By Representative Birdsong of the 94th:
A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Anno tated, relating to adoption, so as to provide for the Department of Human Resources to have access to its records in special circumstances without a court order.

HB 1032. By Representative Evans of the 84th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions relative to local governments and coun ties, so as to change the provisions relating to the extent of jurisdiction of counties.

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HB 1034. By Representative Evans of the 84th:
A bill to repeal Code Section 44-14-65 of the Official Code of Georgia An notated, relating to fees for transfer of real property covered by deed to secure debt.

HB 959. By Representatives Murphy of the 18th and Burruss of the 20th:
A bill to amend Code Section 20-2-284 of the Official Code of Georgia An notated, relating to the state minimum salary schedule for certificated pro fessional personnel under the Adequate Program for Education in Georgia, so as to authorize the General Assembly, by general appropriations Acts, to designate classifications of certificated professional personnel and designate percentages of appropriations for increases in compensation of such person nel which shall be used for increases in compensation of personnel within such classifications.

HB 983. By Representatives Chambless of the 133rd, Davis of the 45th, Childs of the 53rd and others:
A bill to amend Code Section 53-3-11 of the Official Code of Georgia Anno tated, relating to when probate in common form may be taken, so as to change the time for taking probate in common form and the time for grant ing the ordering admitting the will to record.

HB 986. By Representatives Chambless of the 133rd, Walker of the 115th, Thomas of the 69th and others:
A bill to amend Code Section 15-10-41, relating to availability of jury trials and appeals in magistrate courts, so as to provide that appeals may be had to the state court or, if there is no state court in the county, to the superior court.

HB 1043. By Representative Ramsey of the 3rd:
A bill to amend Code Section 17-10-7 of the Official Code of Georgia Anno tated, relating to punishment of criminals who have been previously con victed of felonies, so as to provide that a person who has been previously convicted under the laws of another state or of the United States shall be punished in the same manner as a person previously convicted of a felony in this state.

HB 1155. By Representatives Evans of the 84th and Walker of the 115th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.

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279

HB 1156. By Representatives Evans of the 84th and Walker of the 115th:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated.

HB 1106. By Representatives Patten of the 149th, Beck of the 148th, Long of the 142nd and others:
A bill to amend an Act providing for a supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit, so as to increase the supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit and to provide for the payment of such supplement in specified amounts by the counties comprising the South ern Judicial Circuit.

HB 894. By Representative Auten of the 156th:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with respect to workers' compensation, so as to provide that a sole proprietor or partner of a business whose employees are eligible for workers' compensation benefits may elect to be included as an employee under the workers' compensation insurance coverage of such business.

HB 644. By Representative Ramsey of the 3rd:
A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to use of radar speed detection devices, so as to change the provisions relating to the definition of a speed detection device.

HB 213. By Representatives Alien of the 127th, Williams of the 48th, Under of the 44th and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide for mandatory minimum terms of imprisonment for persons who are convicted of the crimes of aggravated as sault, rape, robbery, theft by deception, or theft by extortion against persons 65 years of age or older.

HB 960. By Representatives Steinberg of the 46th, Bray of the 91st and Edwards of the 112th:
A bill to amend Code Section 21-5-5 of the Official Code of Georgia Anno tated, relating to the filing of campaign financial disclosure reports, so as to provide that certain campaign financial disclosure reports be filed with the election superintendent of the county.

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

HR 489. By Representatives Birdsong of the 104th, Groover of the 99th, Pinkston of the 100th and others:
A resolution authorizing and directing the Department of Transportation to designate the U.S. 80 - Georgia Highway 19 bridge crossing the Seaboard System Railroad at Dry Branch, Georgia, as the Hubert Floyd Epps Memo rial Bridge.

HR 449. By Representatives Thompson, Lawler and Wilson of the 20th:
A resolution designating a portion of State Highway 139 as the Mableton Parkway.

HR 563. By Representatives Reaves of the 147th, Balkcom of the 140th, Godbee of the 110th and others:
A resolution recognizing and expressing appreciation to the agricultural commodity commissions for milk, peanuts, eggs, apples, sweet potatoes, cot ton, tobacco, soybeans, and peaches.

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

HB 438. By Representatives Robinson of the 58th, Linder of the 44th, Richardson of the 52nd and others:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Anno tated, relating to state parks, historic areas, memorials, and associations, so as to create the Stone Mountain State Park Authority as the successor to and a continuation of the Stone Mountain Memorial Association.

The House has adopted the report of the Committee of Conference on the follow ing bill of the House:

HB 828. By Representatives Randall of the 101st, Lucas of the 102nd, Groover of the 99th and others:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to the 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 counties having a population of not less than 140,000 and not more than 150,300 and in municipalities in such counties.

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281

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

HB 1048. By Representatives Reaves of the 147th, Balkcom of the 140th, Hudson of the 117th and others:
A bill to amend Chapter 10 of Title 4 of the Official Code of Georgia Anno tated, relating to exotic birds and pet birds, so as to direct the Commissioner of Agriculture to establish a listing of birds not native to this state which if introduced into this state would be capable of breeding in the wild and would be detrimental to the agricultural industry of this state.

HB 900. By Representatives Murphy of the 18th and Burruss of the 20th:
A bill to amend Code Section 28-4-2 of the Official Code of Georgia Anno tated, relating to the powers and authority of the Legislative Services Com mittee, so as to provide for the purchasing of supplies, materials, and equipment.

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

SB 438. By Senators Kidd of the 25th and Cobb of the 28th:
A bill to amend Code Section 8-2-119 of the Official Code of Georgia Anno tated, relating to applicability of the law pertaining to factory-built build ings and dwelling units to the law pertaining to manufactured homes, so as to provide that the provisions of law relating to factory-built buildings and dwelling units shall not be applicable to manufactured homes except where a manufacturer elects to construct a manufactured home that complies with all of the provisions of law relating to factory-built buildings and dwelling units.
Referred to Committee on Governmental Operations.

SB 439. By Senators Peevy of the 48th and Allgood of the 22nd:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to regulate the administration of poly graph examinations or lie detector tests in connection with the employment of or application or consideration of an individual for employment.
Referred to Committee on Judiciary and Constitutional Law.

SB 440. By Senators McGill of the 24th, Walker of the 19th, English of the 21st and others:
A bill to amend Part 9 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide when an animal or pet shall be deemed abandoned.
Referred to Committee on Agriculture.

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SB 441. By Senator Coggin of the 35th:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Anno tated, relating to property exempt from ad valorem taxation, so as to provide for the exemption of certain property owned by a certain nonprofit corporation.
Referred to Committee on Banking and Finance.

SB 442. By Senator Bryant of the 3rd:
A bill to amend Part 4 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to oysters and clams, so as to change the amount of oysters and clams that may be taken for noncommercial purposes.
Referred to Committee on Natural Resources and Environmental Quality.

SB 443. By Senator Barnes of the 33rd:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys in general, so as to provide that attorneys employed by a department, agency, or instrumentality of state or local government may assist the district attorneys and solicitors of this state in certain civil or criminal proceedings.
Referred to Committee on Judiciary and Constitutional Law.

SB 444. By Senators Barnes of the 33rd, Trulock of the 10th and Dean of the 31st:
A bill to amend Code Section 50-10-3 of the Official Code of Georgia Anno tated, relating to the Georgia Development Authority, so as to assign the Georgia Development Authority to the Department of Industry and Trade for administrative purposes only.
Referred to Committee on Economic Development and Tourism.

SB 445. By Senators Turner of the 8th, Lester of the 23rd and Broun of the 46th:
A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, known as the "Disposition of Unclaimed Property Act," so as to state clearly when undistributed dividends and distributions of busi ness associations are presumed abandoned.
Referred to Committee on Banking and Finance.

SB 446. By Senators Harrison of the 37th and Brantley of the 56th:
A bill to amend Code Section 36-36-20 of the Official Code of Georgia An notated, relating to the definition of a municipal corporation for the purpose of annexation pursuant to application of 60 percent of landowners and elec tors, so as to provide that such definition shall not include certain municipal ities having independent school systems.
Referred to Committee on Governmental Operations.

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283

SB 447. By Senators Garner of the 30th, Engrain of the 34th and Huggins of the 53rd:
A bill to amend Code Section 42-8-71 of the Official Code of Georgia Anno tated, relating to the participation of probationers in community service pro grams, so as to limit the liability of any agency or community service officer who participates in a community service program.
Referred to Committee on Governmental Operations.

SB 448. By Senators Garner of the 30th, Engram of the 34th and Huggins of the 53rd:
A bill to amend Chapter 5 of Title 42 of the Official Code of Georgia Anno tated, relating to correctional institutions of state and counties, so as to pro vide that any violation of Code Section 42-5-18 shall constitute a felony regardless of the amount of contraband given.
Referred to Committee on Offender Rehabilitation.

SB 449. By Senator Garner of the 30th:
A bill to amend Code Section 20-2-151 of the Official Code of Georgia An notated, relating to the general and occupational education program, so as to change the provisions relative to the age for beginning school.
Referred to Committee on Education.

SR 313. By Senator Timmons of the llth:
A resolution authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia; to provide an effective date.
Referred to Committee on Public Utilities.

SR 315. By Senator Hill of the 29th:
A resolution authorizing the conveyance of certain state owned real property located in Meriwether County, Georgia, to the City of Woodbury; to provide an effective date.
Referred to Committee on Public Utilities.

SR 318. By Senators Stumbaugh of the 55th, Allgood of the 22nd, Cobb of the 28th and others:
A resolution to provide for line item appropriation of funds to the legislative branch of government.
Referred to Committee on Governmental Operations.

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The following bills and resolutions of the House were read the first time and re ferred to committees:

HB 213. By Representatives Alien of the 127th, Williams of the 48th, Linder of the 44th and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide for mandatory minimum terms of imprisonment for persons who are convicted of the crimes of aggravated as sault, rape, robbery, theft by deception, or theft by extortion against persons 65 years of age or older.
Referred to Committee on Judiciary.

HB 309. By Representative Birdsong of the 94th:
A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Anno tated, relating to adoption, so as to provide for the Department of Human Resources to have access to its records in special circumstances without a court order.
Referred to Committee on Judiciary and Constitutional Law.

HB 511. By Representative Aiken of the 21st:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to change the punishment for the offenses of child molestation and enticing a child for indecent purposes.
Referred to Committee on Judiciary.

HB 644. By Representative Ramsey of the 3rd:
A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to use of radar speed detection devices, so as to change the provisions relating to the definition of a speed detection device.
Referred to Committee on Public Safety.

HB 894. By Representative Auten of the 156th:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with respect to workers' compensation, so as to provide that a sole proprietor or partner of a business whose employees are eligible for workers' compensation benefits may elect to be included as an employee under the workers' compensation insurance coverage of such business.
Referred to Committee on Industry and Labor.

HB 900. By Representatives Murphy of the 18th and Burruss of the 20th:
A bill to amend Code Section 28-4-2 of the Official Code of Georgia Anno tated, relating to the powers and authority of the Legislative Services Com-

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285

mittee, so as to provide for the purchasing of supplies, materials, and equipment.
Referred to Committee on Governmental Operations.

HB 959. By Representatives Murphy of the 18th and Burruss of the 20th:
A bill to amend Code Section 20-2-284 of the Official Code of Georgia An notated, relating to the state minimum salary schedule for certificated pro fessional personnel under the Adequate Program for Education in Georgia, so as to authorize the General Assembly, by general appropriations Acts, to designate classifications of certificated professional personnel and designate percentages of appropriations for increases in compensation of such person nel which shall be used for increases in compensation of personnel within such classifications.
Referred to Committee on Appropriations.

HB 960. By Representatives Steinberg of the 46th, Bray of the 91st and Edwards of the 112th:
A bill to amend Code Section 21-5-5 of the Official Code of Georgia Anno tated, relating to the filing of campaign financial disclosure reports, so as to provide that certain campaign financial disclosure reports be filed with the election superintendent of the county.
Referred to Committee on Governmental Operations.

HB 983. By Representatives Chambless of the 133rd, Davis of the 45th, Childs of the 53rd and others:
A bill to amend Code Section 53-3-11 of the Official Code of Georgia Anno tated, relating to when probate in common form may be taken, so as to change the time for taking probate in common form and the time for grant ing the ordering admitting the will to record.
Referred to Committee on Judiciary.

HB 986. By Representatives Chambless of the 133rd, Walker of the 115th, Thomas of the 69th and others:
A bill to amend Code Section 15-10-41, relating to availability of jury trials and appeals in magistrate courts, so as to provide that appeals may be had to the state court or, if there is no state court in the county, to the superior court.
Referred to Committee on Judiciary.

HB 998. By Representatives Thomas of the 69th, Johnson of the 70th, Childs of the 53rd and others:
A bill to amend Code Section 16-6-4 of the Official Code of Georgia Anno tated, relating to the offense of child molestation, so as to provide that when

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child molestation involves physical injury to the child or an act of sodomy it shall constitute the offense of aggravated child molestation.
Referred to Committee on Judiciary.

HB 1032. By Representative Evans of the 84th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions relative to local governments and coun ties, so as to change the provisions relating to the extent of jurisdiction of counties.
Referred to Committee on Judiciary.

HB 1034. By Representative Evans of the 84th:
A bill to repeal Code Section 44-14-65 of the Official Code of Georgia An notated, relating to fees for transfer of real property covered by deed to secure debt.
Referred to Committee on Judiciary.

HB 1043. By Representative Ramsey of the 3rd:
A bill to amend Code Section 17-10-7 of the Official Code of Georgia Anno tated, relating to punishment of criminals who have been previously con victed of felonies, so as to provide that a person who has been previously convicted under the laws of another state or of the United States shall be punished in the same manner as a person previously convicted of a felony in this state.
Referred to Committee on Judiciary and Constitutional Law.

HB 1048. By Representatives Reaves of the 147th, Balkcom of the 140th, Hudson of the 117th and others:
A bill to amend Chapter 10 of Title 4 of the Official Code of Georgia Anno tated, relating to exotic birds and pet birds, so as to direct the Commissioner of Agriculture to establish a listing of birds not native to this state which if introduced into this state would be capable of breeding in the wild and would be detrimental to the agricultural industry of this state.
Referred to Committee on Agriculture.

HB 1106. By Representatives Patten of the 149th, Beck of the 148th, Long of the 142nd and others:
A bill to amend an Act providing for a supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit, so as to increase the supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit and to provide for the payment of such supplement in specified amounts by the counties comprising the South ern Judicial Circuit.
Referred to Committee on Judiciary.

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287

HB 1155. By Representatives Evans of the 84th and Walker of the 115th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.
Referred to Committee on Judiciary and Constitutional Law.

HB 1156. By Representatives Evans of the 84th and Walker of the 115th:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated.
Referred to Committee on Judiciary and Constitutional Law.

HB 599. By Representatives Phillips of the 125th and Triplett of the 128th:
A bill to amend an Act creating the State Court of Chatham County, so as to abolish the positions of clerk of state court and sheriff of state court.
Referred to Committee on Federal, State and Community Affairs.

HB 1116. By Representative Hudson of the 117th:
A bill to amend an Act to incorporate the City of Rochelle, so as to change the punishment which may be imposed by the mayor's or recorder's court.
Referred to Committee on Federal, State and Community Affairs.

HB 1117. By Representative Hudson of the 117th: A bill to provide for the Magistrate Court of Pulaski County.
Referred to Committee on Federal, State and Community Affairs.

HB 1119. By Representative Auten of the 156th:
A bill to amend an Act providing for the election of members of the board of education of Mclntosh County, so as to provide for staggered terms of office for the chairman and members of said board of education.
Referred to Committee on Federal, State and Community Affairs.

HB 1120. By Representative Auten of the 156th:
A bill to provide for the appointment of the county school superintendent of Mclntosh County by the board of education of Mclntosh County.
Referred to Committee on Federal, State and Community Affairs.

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HB 1121. By Representative Auten of the 156th:
A bill to amend an Act providing for the election of the members of the board of education of Mclntosh County, so as to change the compensation of the chairman and members of said board.
Referred to Committee on Federal, State and Community Affairs.

HB 1124. By Representatives Millsaps of the 61st, Barnett of the 59th, White of the 62nd and others:
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 change the provisions relative to certain education districts.
Referred to Committee on Federal, State and Community Affairs.

HB 1136. By Representatives Buck of the 95th, Galer of the 97th, Phillips of the 93rd and others:
A bill to provide that the judge of the Municipal Court of Columbus and Muscogee County shall serve as the chief magistrate of the Magistrate Court of Muscogee County.
Referred to Committee on Federal, State and Community Affairs.

HB 1141. By Representative Godbee of the 110th: A bill to make provisions for the Magistrate Court of Jenkins County.
Referred to Committee on Federal, State and Community Affairs.

HR 449. By Representatives Thompson, Lawler and Burruss of the 20th and others:
A resolution designating a portion of State Highway 139 as the Mableton Parkway.
Referred to Committee on Transportation.

HR 489. By Representatives Birdsong of the 104th, Groover of the 99th, Pinkston of the 100th and others:
A resolution authorizing and directing the Department of Transportation to designate the U.S. 80 - Georgia Highway 19 bridge crossing the Seaboard System Railroad at Dry Branch, Georgia, as the Hubert Floyd Epps Memo rial Bridge.
Referred to Committee on Transportation.

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

Mr. President:

The Committee on Banking and Finance has had under consideration the follow-

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289

ing resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 285. Do pass. HR 91. Do pass by substitute.
Respectfully submitted,
Senator Lester of the 23rd District, Chairman

Mr. President:

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

SB 394. Do pass. SR 294. Do pass.

SR 300. Do pass.

Respectfully submitted,

Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 403. Do pass. SB 404. Do pass. SB 410. Do pass. SB 421. Do pass.

HB 1030. Do pass. HB 1040. Do pass. HB 1094. Do pass.

Respectfully submitted,

Senator Scott of the 43rd District, Chairman

Mr. President:

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

SR 302. Do pass.

SB 415. Do pass by substitute.

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SB 419. Do pass.

SB 420. Do pass as amended. Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 402. Do not pass. SR 301. Do pass.
Respectfully submitted,
Senator Brown of the 47th District, Chairman

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

SB 297. By Senator Burton of the 5th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as substantially to revise, modernize, and super sede Chapter 3, relating to access to and use of public buildings by physi cally handicapped persons.

SB 331. By Senators Barnes of the 33rd, Trulock of the 10th and Dean of the 31st:
A bill to amend Code Section 50-8-4 of the Official Code of Georgia Anno tated, relating to the Board of Community Affairs, generally, so as to pro vide for the composition of the Board of Community Affairs; to provide for the membership of the board; to provide for the terms of the members of the board.

SB 333. By Senators Barnes of the 33rd, Trulock of the 10th and Dean of the 31st:
A bill to amend Article 8 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Commission on State Growth Policy, so as to provide for legislative findings and declarations; to provide for powers and duties of the commission.

SB 351. By Senator Timmons of the llth:
A bill to amend Code Section 15-6-88 of the Official Code of Georgia Anno tated, relating to the minimum annual salary of clerks of the superior courts, so as to provide that in the event the population of a county accord ing to the United States decennial census of 1980 or any future such census

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291

is less than its population according to the United States decennial census of 1970, the population bracket under which any such county falls shall be determined according to the United States decennial census of 1970.

SB 359. By Senator Kidd of the 25th:
A bill to amend Chapter 36 of Title 43 of the Official Code of Georgia Annotated, relating to polygraph examiners, so as to change the definition of certain terms.

SB 366. By Senators Turner of the 8th, Tysinger of the 41st and McGill of the 24th:
A bill to amend Code Section 48-13-5 of the Official Code of Georgia Anno tated, relating to the limitation on county and municipal license, occupa tional, or professional tax on certain occupations and professions, so as to provide that such limitation shall apply to the practice of veterinary medicine.

SB 367. By Senators McGill of the 24th, Walker of the 19th, Kennedy of the 4th and English of the 21st:
A bill to amend Part 3 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to regulation of sale of antifreeze, so as to provide that licenses authorizing the sale of antifreeze shall be issued on a calendar year basis rather than a fiscal year basis.

SB 372. By Senators Scott of the 43rd, Bond of the 39th, Tate of the 38th and others:
A bill to amend Code Section 1 -4-1 of the Official Code of Georgia Anno tated, relating to legal holidays, so as to provide that the birthday of Martin Luther King, Jr. shall be a legal holiday.

SB 388. By Senators Trulock of the 10th and Bowen of the 13th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Anno tated, relating to apportionment of the Senate and qualifications of its mem bers, so as to change the composition of certain state Senate districts.

SB 389. By Senator Deal of the 49th:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to revise, modernize and supersede the laws of Georgia relating to partnerships; to adopt the "Uniform Partnership Act".

SB 390. By Senator Coggin of the 35th:
A bill to amend Chapter 3 of Title 3 of the Official Code of Georgia Anno tated, relating to the regulation of alcoholic beverages generally, so as to

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provide for local authorization and regulation of sales of alcoholic beverages on Sunday under certain conditions.

SB 399. By Senator Kidd of the 25th:
A bill to amend Code Section 21-3-291 of the Official Code of Georgia An notated, relating to challenge of absentee ballots and duty of poll managers to open envelopes and deposit absentee ballots in ballot box in municipal elections, so as to provide that, in elections where paper ballots are used, if ten or less absentee ballots have been voted, such absentee ballots shall be deposited in a regular ballot box.

SR 278. By Senator Scott of the 43rd:
A resolution creating a Joint Urban County and Municipal Study Committee.

SR 280. By Senator Cobb of the 28th:
A resolution creating the Joint Study Committee on the Regulation of Em ployment Agencies.

HB 908. By Representatives Connell of the 87th, Murphy of the 18th, Ware of the 77th and others:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interests, so as to provide that certain transactions between a public official or employee or any busi ness in which such public official or employee or any member of his family has a substantial interest and the state or any agency thereof shall not be unlawful and shall not constitute a conflict of interest.

HB 936. By Representatives Bray of the 91st, Holmes of the 28th, Edwards of the 112th and Steinberg of the 46th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to restrict the number of offices for which an individual may be nominated or be a candidate in any one election.
The President called for the morning roll call, and the following Senators an swered to their names:

Allgood Barker Barnes 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 Horton

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293

Howard Hudgins Muggins Kennedy Kidd Land Lester McGill McKenzie Perry Phillips Reddish

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

Those not answering were Senators:

Bond Broun of 46th

Engram Holloway

Peevy

Senator Bowen of the 13th introduced the chaplain of the day, Reverend John W. ; Townsend, of Ashburn, Georgia, who offered scripture reading and prayer.

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

SR 314. By Senator Hudgins of the 15th:
A resolution relative to the 1982 and 1983 Southern Legislators' Confer ences on Children and Youth.

SR 320. By Senators Gillis of the 20th, Walker of the 19th, Perry of the 7th and others:
A resolution commending Tony Edmond.

SR 322. By Senator Turner of the 8th:
A resolution expressing sympathy at the untimely passing of Mr. B. Ray Hutchinson.

HR 563. By Representatives Reaves of the 147th, Balkcom of the 140th, Godbee of the 100th and others:
A resolution recognizing and expressing appreciation to the agricultural commodity commissions for milk, peanuts, eggs, apples, sweet potatoes, cot ton, tobacco, soybeans and peaches.

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SENATE CALENDAR
Friday, January 20, 1984
TWELFTH LEGISLATIVE DAY
SB 79 Campaign Contributions and Expenditures--provide for lawful uses (SUBSTITUTE) (Gov Op--10th)
SB 312 Juvenile Court Judges--commissioning by Secretary of State (C&Y --15th)
SB 329 Civil Case Renewal--limitations (J&CL--33rd) SB 344 Gasoline Marketing Practices--selling to another distributor for re
tail sale (SUBSTITUTE) (I&L--15th) SB 398 Sheriffs Fees--multiple service at same location, only one $20.00
charge (J&CL--26th)

The following general bill of the Senate, having been read the third time on Feb ruary 8, 1983, and committed to the Senate Committee on Governmental Operations, and favorably reported by the committee, was put upon its passage:

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

The Senate Committee on Governmental Operations offered the following substi tute to SB 79:

A BILL
To be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to public disclosure by candidates of campaign contributions and expenditures, so as to provide for the lawful uses of certain campaign contributions and expenditures; to make it unlaw ful to use certain campaign contributions and expenditures except as ex pressly provided; to provide for the disposition of certain contributions upon the death of the candidate or officeholder; to provide for other matters rela tive thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 21 of the Official Code of Georgia An notated, relating to public disclosure by candidates of campaign contribu tions and expenditures, is amended by adding immediately following Code Section 21-5-10,1 a new Code Section 21-5-10.2 to read as follows:

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295

"21-5-10.2. (a) It shall be unlawful and a violation of this chapter for any candidate or any person elected to any office provided for in Code Section 21-5-2 or any campaign committee of such candidate or office holder to use or expend contributions received after April 1, 1984, or to accept expenditures made after April 1, 1984, except for the following purposes:
(1) To defray ordinary and necessary expenses incurred in connec tion with the candidate's or officeholder's campaign for elective office;
(2) To repay on a pro rata basis individuals who made contributions or expenditures;
(3) To make contributions to other political candidates or officehold ers not to exceed $1,000.00 per calendar year; or
(4) To make contributions to any nonprofit or charitable organiza tion which is exempt from taxation under the federal Internal Revenue Code of 1954, as now or hereafter amended; or
(5) To retain in a separate escrow account for use in future cam paigns for elective office.
(b) Contributions shall not constitute personal assets of the candi date or officeholder. Upon the death of any candidate for any state office or any officeholder of any state office, any such contributions not previ ously used or expended shall be transferred to the treasury of the State of Georgia. Upon the death of any candidate for any office of a political subdivision of this state or any officeholder of any office of a political subdivision of this state, any such contribution not previously used or ex pended shall be transferred to the treasury of the political subdivision."
Section 2. This Act shall become effective on April 1, 1984.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Trulock of the 10th offered the following amendment:

Amend the substitute to SB 79 offered by the Senate Committee on Governmental Operations by striking line 3 through line 5 of Page 2 and inserting in lieu thereof the following:
"(3) To make contributions to other political candidates or office ohro"l.ders not to exceed $1,000.00 per candidate or officeholder per year;

On the adoption of the amendment, the yeas were 37, nays 3, and the amendment was adopted.

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Senator Hine of the 52nd offered the following amendment:
Amend the substitute to SB 79 offered by the Senate Committee on Governmental Operations by striking on Page 2, line 11 "." and adding the following:
"; nothing herein shall prevent the escrowed funds from being in vested, but the proceeds from any invested escrowed funds shall be sub ject to the provisions of this Act.";
and on Page 2, line 16, striking "used or expended" and adding in lieu thereof "used, expended, or accrued";
and on Page 2, line 21, striking "used or expended" and adding in lieu thereof "used, expended, or accrued".
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 38, nays 2, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Barnes
Bond Bowen
Brantley Broun of 46th Brown of 47th
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

Land Lester McGill
McKenzie Phillips Scott of 36th Scott of 43rd Starr Stumbaugh
Tate Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Bryant Kennedy

Perry Reddish

Scott of 2nd

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297

Those not voting were Senators Brannon and Peevy. On the passage of the bill, the yeas were 49, nays 5. The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Coverdell of the 40th introduced the doctor of the day, Dr. William Moore, of Atlanta, Georgia.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 312. 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 for the commis

sioning of juvenile court judges by the Secretary of State.

i

\

:

Senator Hudgins of the 15th offered the following amendment:

Amend SB 312 by deleting on Page 3, line 20, "1983", and inserting in lieu thereof "1984".
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, 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 Brantley
Broun of 46th Brown of 47th

Bryant Burton Cobb
Coggin Coleman Coverdell Dawkins
Deal

Dean Engram Fincher
Foster Garner Gillis Greene
Harris

298
Harrison Hill Hine Holloway Horton Howard Hudgins Huggins

JOURNAL OF THE SENATE

Kidd Land
Lester McGill McKenzie
Perry Phillips Reddish

Scott of 43rd Starr
Stumbaugh Thompson Trulock Turner
Tysinger Walker

Those not voting were Senators:

Bond English Kennedy (presiding)

Peevy Scott of 2nd Scott of 36th

Tate Timmons

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following local bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

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.
The Conference Committee report on HB 828 was as follows:
The Committee on Conference on HB 828 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 828 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Harris of 27th Senator, 27th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Groover of 99th Representative, 99th District

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299

/s/ Ed Barker Senator, 18th District
/s/ Culver Kidd Senator, 25th District

/s/ Frank Home of 103rd Representative, 103rd District
/s/ William C. Randall of 101st Representative, 101st District

Conference Committee substitute to HB 828:

A BILL
To be entitled an Act to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sale of alcoholic beverages on Sunday, so as to provide that the governing au thority of certain counties and municipalities may authorize the sale of alco holic beverages for consumption on the premises during a certain period of time after 11:55 P.M. on Saturdays and in certain eating establishments during a certain period of time on Sundays if Sunday sales are approved by a referendum; to provide for limitations and conditions; 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 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sale of alcoholic bev erages on Sunday, is amended by adding at the end thereof a new subsection (1) to read as follows:
"(1) (1) In each county having a population of more than 100,000 in any metropolitan statistical area having a population of not less than 250,000 nor more than 1,000,000 according to the United States decen nial census of 1980 or any future such census in which the sale of alco holic beverages is lawful in such a county and in all municipalities within such counties in which the sale of alcoholic beverages is lawful, the gov erning authority of the county or municipality, as appropriate, may au thorize the sale of alcoholic beverages for consumption on the premises if Sunday sales are approved by referendum as provided in paragraph (2) of this subsection:
(A) At any time from 11:55 P.M. on Saturdays until 2:55 A.M. on Sundays; and
(B) In eating establishments which are located in the unincorpo rated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. As used in this subparagraph, the term 'eating establishment' means an es tablishment 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.

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(2) Any governing authority desiring to permit and regulate Sunday sales pursuant to paragraph (1) of this subsection shall so provide by proper resolution or ordinance. Not less than ten nor more than 60 days after the date of approval of such resolution or ordinance, it shall be the
duty of the election superintendent of the county or municipality to issue the call for an election for the purpose of submitting the question of Sun day sales to the electors of the county or municipality for approval or rejection. The superintendent shall set the date of the election for a day
not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the elec
tion 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 municipality or county) be authorized to permit and regulate Sunday sales of distilled spirits or alcoholic beverages for bever age purposes by the drink?'

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 may by appro priate resolution or ordinance permit and regulate Sunday sales by licen sees. The expense of the election shall be borne by the county or munici pality 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."

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 Barker of the 18th moved that the Senate adopt the Conference Commit tee report on HB 828.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 828.

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

SB 329. By Senator Barnes of the 33rd:
A bill to amend Code Section 9-2-61 of the Official Code of Georgia Anno tated, relating to renewal of civil cases after dismissal, so as to provide that a renewed case filed within six months shall stand on the same footing, as to limitation, with the original case both where the original case was filed in a court of this state and where the original case was filed in a federal court.

FRIDAY, JANUARY 20, 1984

301

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

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

Those voting in the affirmative were Senators:

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

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

Lester McGill Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Coverdell

Kennedy (presiding) McKenzie

Peevy Timmons

On the passage of the bill, the yeas were SO, nays 0

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

SB 344. By Senators Hudgins of the 15th, Cobb of the 28th, Hill of the 29th and others:
A bill to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to gasoline marketing practices, so as to change certain provisions relating to the selling of controlled product to another dis tributor for retail sale.

The Senate Committee on Industry and Labor offered the following substitute to SB 344:

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A BILL
To be entitled an Act to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to gasoline marketing prac tices, so as to change Code Section 10-1-234 so as to make said Code section conform to the Act from which it was codified as found in Ga. L. 1978, p. 2249; to provide for the construction of a certain term; to provide for appli cability; 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 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to gasoline marketing practices, is amended by striking Code Section 10-1-234 in its entirety and inserting in lieu thereof a new Code Section 10-1-234 to read as follows:
"10-1-234. It shall be an unlawful, predatory, and unfair business practice for an automotive gasoline distributor who controls a product supply, controls the price of that product, and has the power to require the purchase of that product by another automotive gasoline distributor or an automotive gasoline dealer doing business in this state to sell said product at prevailing automotive gasoline distributor prices at any time to another automotive gasoline distributor for resale to automotive gaso line dealers with the purpose or intent that said product will be sold at retail by said automotive gasoline distributor and fails to offer its auto motive gasoline dealers an opportunity to purchase an equal volume of product upon the same terms and conditions, excepting expenses for ad vertising, credit cards, and other expenses relative to its automotive gaso line dealers, when said automotive gasoline distributor is selling said product at distress prices to other automotive gasoline dealers in the dealer's marketing area. As used in this Code section, the term 'distress prices' shall not be construed to include or embrace a price established for the purpose of meeting competition."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval; provided, however, that this Act shall not apply to or be deemed to affect any cause of action pending on such effective date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Fincher of the 54th moved that SB 344 be committed to the Senate Com mittee on Industry and Labor.

Senator Hudgins of the 15th moved the previous question.

Senator Hill of the 29th moved that SB 344 be placed on the Table.

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303

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ruled that the motion to table takes precedence.

On the motion offered by Senator Hill of the 29th, Senator Hudgins of the ISth called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Brown of 47th Coverdell Dawkins
Deal

Engram Garner Gillis Greene Hill Hine Holloway

Howard Lester Peevy Thompson Trulock Turner

Those voting in the negative were Senators:

Barker Brannon Brantley Broun of 46th Bryant Burton Cobb Coggin Coleman Dean English Fincher

Foster Harris Harrison Horton Hudgins Huggins Kidd Land McGill McKenzie Perry

Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Timmons Tysinger Walker

Those not voting were Senators Bowen and Kennedy (presiding).

On the motion offered by Senator Hill of the 29th, the yeas were 20, nays 34; the motion was lost, and SB 344 was not placed on the Table.

On the motion offered by Senator Hudgins of the 15th, the next motion in prece dence, the yeas were 34, nays 0; the motion prevailed, and the previous question was ordered.

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

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

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

Those voting in the affirmative were Senators:

Barker Broun of 46th Brown of 47th Cobb Coleman Deal Dean English Foster Gillis

Harris Harrison Holloway Horton Hudgins Kidd Land Lester McGill McKenzie

Perry Reddish Scott of 36th Scott of 43rd Starr Tate Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Allgood Barnes Bond
Brannon Brantley Bryant
Burton Coggin

Coverdell Dawkins
Engram Fincher
Garner Greene Hill Hine

Howard Huggins Peevy Phillips Scott of 2nd Stumbaugh Thompson Trulock

Those not voting were Senators Bowen and Kennedy (presiding).

On the passage of the bill, the yeas were 30, nays 24.

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

Senator Hudgins of the 15th moved that SB 344 be immediately transmitted to the House.

On the motion, the yeas were 31, nays 4; the motion prevailed, and SB 344 was immediately transmitted to the House.

The President resumed the Chair.

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305

The following resolution of the Senate was read and adopted:

SR 317. By Senators Thompson of the 32nd, Brantley of the 56th, Barnes of the 33rd and Harrison of the 37th:
A resolution commending the East Marietta National Little League 1983 All-Star Team.

Senator Brantley of the 56th introduced the East Marietta National Little League 1983 Ail-Star Team to the Senate.

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

SB 398. By Senators Greene of the 26th, Peevy of the 48th, Deal of the 49th and Barnes of the 33rd:
A bill to amend Code Section 15-16-21 of the Official Code of Georgia An notated, relating to fees of sheriffs services and disposition of fees, so as to provide that, in the event that there is multiple service at the same location, there shall be only one $20.00 charge for such service of process; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

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

English Engram Fincher Foster Garner Gilhs Greene Harris Harrison Hill Holloway Horton Howard Huggins Kennedy Kidd Land

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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Dawkins Hine

Hudgins McKenzie

Reddish Trulock

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

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

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

HR 542. By Representatives Murphy of the 18th, Lee of the 72nd, Evans of the 84th and others:
A resolution to repeal HR 440 which provided that the General Assembly adjourn at 5:00 o'clock P.M. on January 20, 1984, and reconvene at 10:00 o'clock A.M. on January 30, 1984.

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
Broun of 46th Brown of 47th Bryant
Cobb Coggin
Coleman Coverdell Dawkins
Deal
Dean English

Engram Foster
Garner Gillis
Greene Harris Harrison
Holloway Horton Howard
Hudgins Huggins
Kennedy Kidd
Land Lester
McGill

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh
T1 aattpe
Thompson Timmons Trulock Turner Walker

FRIDAY, JANUARY 20, 1984

307

Those voting in the negative were Senators:

Brantley

Burton

Tysinger

Those not voting were Senators:

Fincher

Hill

Hine

On the adoption of the resolution, the yeas were 50, nays 3.

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

Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. on Monday, January 23, and the motion prevailed.

At 11:48 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. on Monday, January 23.

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Senate Chamber, Atlanta, Georgia Monday, January 23, 1984 Fifteenth Legislative Day

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

Senator Barker of the 18th reported that the Journal of the proceedings of Friday, January 20, had been read and found correct.

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

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

Mr. President:

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

HB 1161. By Representative Oliver of the 121st:
A bill to amend an Act creating the State Court of Tattnall County, so as to provide that the amount of the compensation of the clerical assistant of the solicitor of the court shall be fixed by the governing authority of Tattnall County.

HB 1167. By Representatives Triplett of the 128th, Phillips of the 125th, Hamilton of the 124th and others:
A bill to amend an Act creating a new charter for the Town of Pooler, so as to define correctly the corporate limits of the Town of Pooler.

HB 1176. By Representatives Phillips of the 120th, Byrd of the 153rd and Moody of the 153rd:
A bill to make provisions for the Magistrate Court of Toombs County.

HB 1177. By Representative Phillips of the 120th: A bill to make provisions for the Magistrate Court of Wheeler County.

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309

HB 1178. By Representative Phillips of the 120th: A bill to make provisions for the Magistrate Court of Treutlen County.

HB 1179. By Representative Phillips of the 120th:
A bill to amend an Act creating a board of commissioners of Montgomery County, so as to provide that the county attorney shall not be required to be a resident of the county.

HB 1036. By Representative Buck of the 95th:
A bill to amend Code Section 33-34-3 of the Official Code of Georgia Anno tated, relating to subrogation under the "Georgia Motor Vehicle Accident Reparations Act," so as to provide that the prohibition against subrogation of certain benefits mandated by the Act shall not include subrogation relat ing to compensation without regard to fault for damage to the insured motor vehicle.

HB 1064. By Representative Adams of the 36th:
A bill to amend an Act providing for volunteer legal service agencies in certain counties, so as to provide that in all counties having a population of 550,000 or more additional civil filing fees for the use of such agencies shall be charged in magistrate court as well as in state court.

HB 1111. By Representatives Karrh of the 109th, Oliver of the 1st, Groover of the 99th and Walker of the 115th:
A bill to amend Code Section 44-7-56 of the Official Code of Georgia Anno tated, relating to appeals of judgements in dispossessory proceedings, so as to provide that after the notice of appeal is filed with the clerk of the trial court, the clerk shall immediately notify the trial judge of the notice of ap peal and the trial judge may, within 1 5 days, supplement the record with findings of fact and conclusions of law which will be considered as part of the order of the judge in that case.

HB 968. By Representatives Beck of the 148th and Patten of the 149th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to counties in general, so as to authorize counties to provide punishments for violations of ordinances prohibiting, regulating, or taxing fortunetelling and similar practices.

HB 1152. By Representatives Walker of the 115th, Groover of the 99th, Burruss of the 20th and others:
A bill to amend Code Section 45-10-24 of the Official Code of Georgia An notated, relating to prohibited transactions by part-time public officials with state-wide powers, so as to provide that purchases of surplus state property at public auction shall not be prohibited.

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HB 980. By Representatives Chambless of the 133rd, Ginsberg of the 122nd, Hirsch of the 96th and others:
A bill to amend Code Section 19-6-19 of the Official Code of Georgia Anno tated, relating to revision of a judgement for permanent alimony or child support, so as to provide that no petition may be filed by either former spouse within a period of two years from the date of the final order on a previous petition by the same former spouse.

HB 984. By Representatives Chambless of the 133rd, Davis of the 45th, Childs of the 53rd and Steinberg of the 46th:
A bill to amend Code Section 29-2-84 of the Official Code of Georgia Anno tated, relating to procedures for obtaining letters of dismission, so as to pro vide for alternative procedures for guardians of minor wards.

HB 1047. By Representatives Reaves of the 147th, Sherrod of the 143rd, Matthews of the 145th and others:
A bill to amend Chapter 7 of Title 2 of the Official Code of Georgia Anno tated, relating to plant disease, pest control, and pesticides, so as to enact into law the interstate pest control compact and provide for the entry into the compact by the State of Georgia together with all other jurisdictions legally joining therein.

HB 531. By Representatives Adams of the 36th and Rainey of the 135th:
A bill to amend Code Section 52-7-8 of the Official Code of Georgia Anno tated, relating to lifesaving devices on watercraft, so as to eliminate the re quirement that personal flotation devices be readily accessible to an occu pant or occupants of racing sculls, racing shells, and racing sweeps.

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

HR 444. By Representatives Bolster of the 30th, Phillips of the 120th, Connell of the 87th and others:
A resolution proposing an amendment to the Constitution so as to require that a local law which authorizes the exercise of additional redevelopment powers by counties and municipalities be approved in a referendum by a majority of the qualified voters voting thereon in the county or municipality affected.

HR 476. By Representatives Oliver of the 121st, Colwell of the 4th and Hays of the 1st:
A resolution granting a perpetual easement for construction, operation and maintenance of a transmission line across property owned by the State of Georgia in Tattnall County, Georgia.

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HR 210. By Representatives Twiggs and Colwell of the 4th and Irwin of the llth: A resolution designating the Henry E. Dillard Memorial Bridge.

HR 524. By Representatives Colwell of the 4th, Hays of the 1st, Coleman of the 118th and Jackson of the 9th:
A resolution to amend an Act permitting the City of Atlanta to build and construct ways, streets, roads, bridges, viaducts, or plazas over the Western & Atlantic Railroad property, so as to prohibit the City of Atlanta from undertaking new construction on or changing the utilization of any part of any street-level plaza constructed over Western & Atlantic property prior to a certain date without the written approval of the State Properties Commission.

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

HB 967. By Representatives Beck of the 148th and Patten of the 149th:
A bill to amend Chapter 4 of Title 17 of the Official Code of Georgia Anno tated, relating to arrest of persons, so as to provide that a law enforcement officer may arrest without a warrant any person whom the officer has proba ble cause to believe has committed the offense of theft by shoplifting.

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

SB 450. By Senators Kidd of the 25th and Cobb of the 28th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a motorcycle operator safety training program.
Referred to Committee on Public Safety.

SB 451. By Senators Gillis of the 20th, English of the 21st and Bryant of the 3rd:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Anno tated, relating to boating safety zones, so as to establish a boating safety zone at Richard B. Russell Dam.
Referred to Committee on Natural Resources and Environmental Quality.

SB 452. By Senator Reddish of the 6th:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to qualifications and training requirements for sheriffs, so as to provide for exemptions under certain circumstances for sheriffs who are unable to comply with the annual training requirements specified by law due to medical disability or providential cause.
Referred to Committee on Governmental Operations.

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SB 453. By Senators Gillis of the 20th, Walker of the 19th, English of the 21st and Howard of the 42nd:
A bill to amend Article 1 of Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related insti tutions, so as to provide that neither a medical facility nor a licensed medi cal practitioner shall prohibit a person from providing blood donors to fur nish blood which may be needed by such person in surgery or medical treatment, provided that the blood donation will not be detrimental to the donor or the recipient.
Referred to Committee on Human Resources.

SR 319. By Senator Kidd of the 25th:
A resolution designating 1984 as "The Year of the Disabled Voter in Georgia".
Referred to Committee on Governmental Operations.

SR 321. By Senators Gillis of the 20th, Kennedy of the 4th, Bryant of the 3rd and others:
A resolution urging the establishment of a forestry program upon certain state lands.
Referred to Committee on Natural Resources and Environmental Quality.

SR 324. By Senator Broun of the 46th:
A resolution creating the University System Laboratory, Equipment, and Library Research Needs Study Committee. Referred to Committee on Higher Education.

The following bills and resolutions of the House were read the first time and re ferred to committees:

HB 531. By Representatives Adams of the 36th and Rainey of the 135th:
A bill to amend Code Section 52-7-8 of the Official Code of Georgia Anno tated, relating to lifesaving devices on watercraft, so as to eliminate the re quirement that personal flotation devices be readily accessible to an occu pant or occupants of racing sculls, racing shells, and racing sweeps.
Referred to Committee on Natural Resources and Environmental Quality.

HB 967. By Representatives Beck of the 148th and Patten of the 149th:
A bill to amend Chapter 4 of Title 17 of the Official Code of Georgia Anno tated, relating to arrest of persons, so as to provide that a law enforcement officer may arrest without a warrant any person whom the officer has proba ble cause to believe has committed the offense of theft by shoplifting.
Referred to Committee on Judiciary.

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313

HB 968. By Representatives Beck of the 148th and Patten of the 149th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to counties in general, so as to authorize counties to provide punishments for violations of ordinances prohibiting, regulating, or taxing fortunetelling and similar practices.
Referred to Committee on Judiciary and Constitutional Law.

HB 980. By Representatives Chambless of the 133rd, Ginsberg of the 122nd, Hirsch of the 96th and others:
A bill to amend Code Section 19-6-19 of the Official Code of Georgia Anno tated, relating to revision of a judgment for permanent alimony or child support, so as to provide that no petition may be filed by either former spouse within a period of two years from the date of the final order on a previous petition by the same former spouse.
Referred to Committee on Judiciary.

HB 984. By Representatives Chambless of the 133rd, Davis of the 45th, Childs of the 53rd and Steinberg of the 46th:
A bill to amend Code Section 29-2-84 of the Official Code of Georgia Anno tated, relating to procedures for obtaining letters of dismission, so as to pro vide for alternative procedures for guardians of minor wards.
Referred to Committee on Judiciary and Constitutional Law.

HB 1036. By Representative Buck of the 95th:
A bill to amend Code Section 33-34-3 of the Official Code of Georgia Anno tated, relating to subrogation under the "Georgia Motor Vehicle Accident Reparations Act," so as to provide that the prohibition against subrogation of certain benefits mandated by the Act shall not include subrogation relat ing to compensation without regard to fault for damage to the insured motor vehicle.
Referred to Committee on Insurance.

HB 1047. By Representatives Reaves of the 147th, Sherrod of the 143rd, Matthews of the 145th and others:
A bill to amend Chapter 7 of Title 2 of the Official Code of Georgia Anno tated, relating to plant disease, pest control, and pesticides, so as to enact into law the interstate pest control compact and provide for the entry into the compact by the State of Georgia together with all other jurisdictions legally joining therein.
Referred to Committee on Agriculture.

HB 1064. By Representative Adams of the 36th:
A bill to amend an Act providing for volunteer legal service agencies in certain counties, so as to provide that in all counties having a population of

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550,000 or more additional civil filing fees for the use of such agencies shall be charged in magistrate court as well as in state court.
Referred to Committee on Judiciary.

HB 1111. By Representatives Karrh of the 109th, Oliver of the 1st, Groover of the 99th and Walker of the 115th:
A bill to amend Code Section 44-7-56 of the Official Code of Georgia Anno tated, relating to appeals of judgments in dispossessory proceedings, so as to provide that after the notice of appeal is filed with the clerk of the trial court, the clerk shall immediately notify the trial judge of the notice of ap peal and the trial judge may, within 15 days, supplement the record with findings of fact and conclusions of law which will be considered as part of the order of the judge in that case.
Referred to Committee on Judiciary.

HB 1152. By Representatives Walker of the 115th, Groover of the 99th, Burruss of the 20th and others:
A bill to amend Code Section 45-10-24 of the Official Code of Georgia An notated, relating to prohibited transactions by part-time public officials with state-wide powers, so as to provide that purchases of surplus state property at public auction shall not be prohibited.
Referred to Committee on Governmental Operations.

HB 1161. By Representative Oliver of the 121st:
A bill to amend an Act creating the State Court of Tattnall County, so as to provide that the amount of the compensation of the clerical assistant of the solicitor of the court shall be fixed by the governing authority of Tattnall County.
Referred to Committee on Federal, State and Community Affairs.

HB 1167. By Representatives Triplet! of the 128th, Phillips of the 125th, Hamilton of the 124th and others:
A bill to amend an Act creating a new charter for the Town of Pooler, so as to define correctly the corporate limits of the Town of Pooler.
Referred to Committee on Federal, State and Community Affairs.

HB 1176. By Representatives Phillips of the 120th and Byrd and Moody of the 153rd: A bill to make provisions for the Magistrate Court of Toombs County.
Referred to Committee on Federal, State and Community Affairs.

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315

HB 1177. By Representative Phillips of the 120th: A bill to make provisions for the Magistrate Court of Wheeler County.
Referred to Committee on Federal, State and Community Affairs.

HB 1178. By Representative Phillips of the 120th: A bill to make provisions for the Magistrate Court of Treutlen County.
Referred to Committee on Federal, State and Community Affairs.

HB 1179. By Representative Phillips of the 120th:
A bill to amend an Act creating a board of commissioners of Montgomery County, so as to provide that the county attorney shall not be required to be a resident of the county.
Referred to Committee on Federal, State and Community Affairs.

HR 210. By Representatives Twiggs and Colwell of the 4th and Irwin and Dover of the llth:
A resolution designating the Henry E. Dillard Memorial Bridge. Referred to Committee on Transportation.

HR 444. By Representatives Bolster of the 30th, Phillips of the 120th, Connell of the 87th and others:
A resolution proposing an amendment to the Constitution so as to require that a local law which authorizes the exercise of additional redevelopment powers by counties and municipalities be approved in a referendum by a majority of the qualified voters voting thereon in the county or municipality affected.
Referred to Committee on Industry and Labor.

HR 476. By Representatives Oliver of the 121st, Colwell of the 4th and Hays of the 1st:
A resolution granting a perpetual easement for construction, operation and maintenance of a transmission line across property owned by the State of Georgia in Tattnall County, Georgia.
Referred to Committee on Public Utilities.

HR 524. By Representatives Colwell of the 4th, Hays of the 1st, Coleman of the 118th and Jackson of the 9th:
A resolution to amend an Act permitting the City of Atlanta to build and construct ways, streets, roads, bridges, viaducts, or plazas over the Western & Atlantic Railroad property, so as to prohibit the City of Atlanta from undertaking new construction on or changing the utilization of any part of any street-level plaza constructed over Western & Atlantic property prior to

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a certain date without the written approval of the State Properties Commission.
Referred to Committee on Public Utilities.

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

Mr. President:

The Committee on Insurance has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 259. Do pass by substitute.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

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

SB 394. By Senators Foster of the 50th, Dawkins of the 45th, Deal of the 49th and others:
A bill to repeal in its entirety Chapter 7 of Title 20 of the Official Code of Georgia Annotated, relating to the Legislative Educational Research Council.

SB 403. By Senator Kidd of the 25th:
A bill to amend an Act creating a board of commissioners for Jasper County, so as to change the provisions relating to the election of the mem bers of the board.

SB 404. By Senator Kidd of the 25th:
A bill to amend an Act repealing an Act incorporating the City of Monticello and granting a new charter for the City of Monticello, so as to change the provisions relating to the election of the mayor and councilmen.

SB 410. By Senator Hill of the 29th:
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 duly ratified at the 1952 general election and proclaimed by the Governor to be a part of the Constitution of 1945, which amendment pro vided for the division of Troup County into school districts, the election of members of the county board of education from those school districts and their terms of office and qualifications, and the election and appointment by

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317

the county board of education of a superintendent of the county school sys tem and prescribed his qualifications and term of office.

SB 415. By Senator Perry of the 7th:
A bill to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunt ing wildlife, so as to provide restrictions on the hunting of feral hogs.

SB 419. By Senators Gillis of the 20th, English of the 21st and Kennedy of the 4th:
A bill to amend Part 2 of Article 2 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, known as the "Oil and Gas and Deep Drilling Act of 1975," so as to provide for definitions.

SB 420. By Senators Gillis of the 20th, English of the 21st and Kennedy of the 4th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, and to amend Title 27 of the Official Code of Georgia Annotated, known as the "Game and Fish Code," so as to change the provisions relating to the Environmental Protection Division of the Department of Natural Resources and the director of the division.

SB 421. By Senator Timmons of the llth:
A bill to provide that the judge of the Probate Court of Calhoun County shall become the chief magistrate of the Magistrate Court of Calhoun County on a certain date; to provide for the compensation of said officer.

SR 285. By Senators Cobb of the 28th and Lester of the 23rd: A resolution to create the Mortgage Banking Industry Study Committee.

SR 294. By Senators Cobb of the 28th, Foster of the 50th, Deal of the 49th and 53 others:
A resolution encouraging all school districts to incorporate the teaching of cardiopulmonary resuscitation (CPR) as a part of their curriculum.

SR 300. By Senators Deal of the 49th, Dean of the 31st and Foster of the 50th:
A resolution proposing an amendment to the Constitution to authorize gen eral obligation debt to be incurred to provide public library facilities for county and independent school systems or for counties, municipalities, or boards of trustees of public libraries or public library systems.

SR 301. By Senator Hill of the 29th:
A resolution authorizing the conveyance of certain real property located in Meriwether County, Georgia; to provide an effective date.

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SR 302. By Senators Land of the 16th, Gillis of the 20th and Walker of the 19th: A resolution relative to deer hunting in Georgia.

HR 91. By Representatives Collins of the 144th, Phillips of the 120th, Crosby of the 150th and others:
A resolution proposing an amendment to the Constitution so as to levy a special 1 percent retail sales and use tax for educational purposes; to provide for distribution of the proceeds of such tax.

HB 1030. By Representatives Alien of the 127th, Mueller of the 126th, Johnson of the 123rd and others:
A bill to establish the terms of court for the Recorder's Court of Chatham County.

HB 1040. By Representative Carter of the 146th:
A bill to provide that the judge of the Probate Court of Cook County shall serve as chief magistrate of the Magistrate Court of Cook County.

HB 1094. By Representative Hudson of the 117th:
A bill to provide for the appointment of the chief magistrate of Wilcox County by the governing authority of Wilcox County.

The following statement by Senator Greene of the 26th was submitted to the Sec retary for inclusion in the Journal as provided for in Senate Rule 61:

"It is my request that this letter be entered into the Journal of the Georgia State Senate expressing my opposition to the Senate's position on House Bill 828. Appar ently, on Friday, January 20, the Senator from the 18th District moved that the Senate adopt the Conference Committee report on H.B. 828. It is my understanding that it was announced as a local bill affecting only Bibb County.

It is my opinion that H.B. 828 was a population bill in violation of both the Con stitution and the laws of the State of Georgia. It clearly is an attempt to categorize and designate a law only to be applicable to a particular county or counties through the use of population. It is a veiled attempt to use metropolitan statistical areas as a loophole, however, the act fails on its face because it additionally limited its application to those counties having a population of 100,000 or more. Also, if it is to be considered as local legislation then this legislation includes at a minimum Bibb and Richmond Counties, therefore, the bill was inappropriately handled because it failed to have the required signatures of the Richmond County Delegation as required by the rules of this Senate.

This bill was apparently moved for passage and describing it only as a local bill without notifying the Senate as a whole that it involved the sale of alcoholic sales on

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319

Sunday. It apparently was also moved for passage while I was off the floor talking to Legislative Counsel discussing the constitutionality of the act."

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
January 20, 1984
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 1984 Regu lar Session as of 3:00 P.M. on January 20, 1984. The list is numbered 372 through 445.
Sincerely,
/s/ Max Cleland
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 372 through 445, who have registered in the Docket of Legisla tive Appearance as of January 20, 1984, 3:00 P.M., in accordance with Georgia Laws 1970, pp. 695 as the same appears on file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and af fixed the seal of my office, at the Capitol, in the City of Atlanta, this 20th day of January, in the year of our Lord One Thousand Nine Hundred and eighty-four and of the Independence of the United States of America the Two Hundred and eighth.
/s/ Max Cleland Secretary of State

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372. Nancy F. Terrill Clients of Ga. Legal Services Atlanta Legal Aid 2474 Kingley Drive Macon, Ga. 31204 (912) 742-7498
373. Cheryl Felbinger Fulton County 993 Vistavia Circle Decatur, Ga. 30033 (404) 634-1883
374. Robert A. Cucchi TRW, Inc. 6000 Lake Forrest Drive, N.W. Atlanta, Georgia 30328 (404) 843-2420
375. Jesse A. Dent College Park Neighborhood Voters League, Inc. 4085 Oak Hill Drive College Park, Ga. 30037 (404) 761-7895
376. Ted O'Callaghan City of Decatur 805 Pinetree Drive Decatur, Ga. 30030 (404) 373-3137
377. Thomas Glaser Savannah Area Chamber of Commerce 301 W. Broad Street Savannah, Georgia 31499 (912) 233-3067
378. Linda Hallenborg Planned Parenthood Georgia Women's Political Caucus 3036 Wellington Court Atlanta, Ga. 30339 (404) 688-9300
379. Sam E. West Beneficial Management Corporation of America Route 1 Box 159A Lakemont, Ga. 30552 (404) 782-4815
380. Alfred T. Pitman Georgia Federal Bank 20 Marietta Street Atlanta, Georgia 30303 (404) 588-2438

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321

381. Grady Perry, Jr. Georgia League of Savings 41 Marietta Street Suite 507 Atlanta, Ga. 30303 (404) 577-7910
382. Benson Ham Georgia Farm Bureau Federation P. O. Box 7068 Macon, Ga. 31298 (912) 474-8411
383. John P. Stevens First National Bank P.O. Box 4148 Atlanta, Ga. 30302 (404) 588-6428
384. Marshall F. Sinback, Jr. Ga. Assn. of Physician Assistants 4669 5 Forks Road Lilburn, Ga. 30247 (404) 921-5538
385. James M. Griffith Georgia Power Company Box 4545 Atlanta, Ga. 30302 (404) 526-6907
386. H. Paul Womack DeKalb County Board of Education 1884 Mercedes Court, N.E. Atlanta, Georgia 30345 (404) 325-5821
387. Linda J. Lane American Assn. of Landscape Architects-Ga. Chapter Health Insurance Assn. of America MAG Mutual Insurance Company Suite 1100 Peachtree Center Harris Tower Atlanta, Ga. 30043 (404) 525-1100
388. Luke R. Lassiter National Assn. of Independent Insurers 106 Pine Crest Drive Cumming, Ga. 30130 (404) 887-9605
389. John D. Hopkins Bell/South Corporation 2500 Trust Company Tower Atlanta, Ga. 30303 (404) 572-4886

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390. Ray E. Clifton Georgia Electric Membership Corp. 148 International Blvd. Suite 845 Atlanta, Georgia 30043 (404) 659-3430
391. David Swain Georgia Electric Membership Corp. 148 International Blvd. Suite 845 Atlanta, Georgia 30043 (404) 659-3430
392. Shelia Porter NAACP 4341 Cascade Road, S.W. Atlanta, Georgia 30331 (404) 699-1062
393. Juanita N. Hudson Democratic Party 4044-H Runningmeade Lane East Point, Ga. 30344 (404) 767-1816
394. William T. Schwendler, Jr. Solar Energy Industries 5260 Wynterhall Court Dunwoody, Ga. 30338 (404) 396-1730
395. J.D. Dennis Cobb County Chamber of Commerce 820 Cobb Pkwy Marietta, Ga. 30062 (404) 427-4227
396. W.E. Cobble Brotherhood of Locomotive Engineers 2427 Shenandoah Avenue, N.E. Atlanta, Georgia 30305 (404) 233-8556
397. W.J. Jackson Brotherhood of Maintenance Ways Route 4, Box 449 Forsyth, Ga. 31029 (912) 994-6251
398. H. Philip Paradice, Jr. Georgia League of Savings Institutions Suite 507 41 Marietta St., N.W. Atlanta, Ga. 30303 (404) 577-7910

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323

399. Kathy Wheeler Ga. Assn. of Educators 3951 Snapfinger Pkwy Decatur, Ga. 30035 (404) 289-5867
400. John T. Anderson Babcock and Wilcox P.O. Box 923 Augusta, Ga. 30909 (404) 796-4209
401. Virginia T. Fulton CWA 415 Promenade Court Marietta, Ga. 30064 (404) 428-6555
402. Tasso L. Knight CWA Local 3204 P.O. Box 9791 Atlanta, Georgia 30319 (404) 962-2378
403. M.L. Clay CWA Local 3204 1316 Gale Drive Norcross, Ga. 30093 (404) 449-8569
404. John W. Jennings CWA 2281 Olin Court Morrow, Ga. 30260 (404) 961-8975
405. David L. Prather CWA 1299 Euclid Avenue, N.E. Atlanta, Ga. 30307 (404) 659-3692
406. Theresa K. El-Amin CWA P.O. Box 661 Conley, Ga. 30027 (404) 243-7492
407. E. Scott Wood City of Macon 3634 Jeffersonville Road Macon, Ga. 31201 (912) 744-7170

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408. Tyrone Hodges Ga. State University 3804 M.L. King Jr. Dr., N.W. Apt. 12-G Atlanta, Georgia 30318 (404) 377-6067
409. Abit Massey Ga. Poultry Federation P.O. Box 763 Gainesville, Ga. 30503 (404) 532-0473
410. Andy Owen American Insurance Association 1200 Peachtree Center, South Atlanta, Georgia 30303 (404) 688-1616
411. C.A. Collier American Association of Retired Persons 529 W. Solomon Street Griffin, Ga. 30223 (404) 227-7480
412. Todd Evans American Civil Liberties Union 983 Highland View, N.E. Atlanta, Ga. 30306 (404) 872-8322
413. Thomas C. Parker Atlanta Chamber of Commerce 1300 N. Omni International Atlanta, Ga. 30303 (404) 521-0845
414. Stacy Erb Georgia Women's Political Caucus 110 Tuxedo Terrace, N.W. Atlanta, Ga. 30342 (404) 237-8769
415. Sherry Schulman NOW GARAL 1154OakdaleRoad Atlanta, Ga. 30307 (404) 378-4242
416. Joe H. McKenzie, Jr. Freeport Kaolin Company 119 Island View Drive, N.E. Milledgeville, Ga. 31061 (912) 628-7101

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325

417. Becky Garrett Fulton County Association of Education 212 Manning Drive Alpharetta, Ga. 30201 (404) 475-3109
418. Charles L. Foster, Jr. Georgia Hospital Association West Georgia Medical Center LaGrange, Georgia 30240 (404) 882-1411
419. Edward L. Boye National Medical Enterprises 4288 Memorial Drive Decatur, Ga. 30032 (404) 294-9419
420. Georgina A. Dever National Medical Enterprises 4288 Memorial Drive Decatur, Ga. 30032 (404) 294-9419
421. Charlie L. Roberts, Jr. PAGE 3118 Bellanca Street Columbus, Ga. 31984 (404) 324-5710
422. General L.M. Smoot United Way of Metropolitan Atlanta P.O. Box 2692 Atlanta, Georgia 30371 (404) 522-0110
423. Patricia M. Smith Georgia Association for Retarded Citizens, Inc. 2095 Kinridge Court Marietta, Ga. 30062 (404) 977-9038
424. William N. Griffin Georgia Beer Wholesalers Assn. 5021 Goldbrook Drive Stone Mountain, Ga. 30088 (404) 231-4292
425. Norman F. Sharp Cigar Association of America 1100 17th Street, N.W. Washington, D.C. 20036 (202) 466-3070

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426. G.C. Branscome City of Decatur 509 N. McDonough Street Decatur, Ga. 30303 (404) 377-9911
427. Richard Guthman, Jr. National Bank of Georgia P.O. Box 1234 Atlanta, Ga. 30301 (404) 586-8030
428. James A. White Home Builders Assn. of Ga. Ga. Industrial Loan Assn. 370 E. Lanier Avenue Fayetteville, Ga. 30214 (404) 461-4243
429. Richard M. Baxter Ga. Assn. of Assessing Officials 205 West Avenue Carrollton, Ga. 30117 (404) 832-8277
430. B. Robert Shipp Ga. Assn. of Assessing Officials 430 Cotton Avenue Macon, Ga. 31201 (912) 744-7672
431. Tom L. Davis Ga. Assn. of Assessing Officials P.O. Box 271 Sandersville, Ga. 31082 (912) 552-2937
432. Herman R. Daniell Ga. Assn. of Assessing Officials P.O. Box 649 Marietta, Ga. 30061 (404) 429-3664
433. W.D. "Danny" Palmer Ga. Assn. of Assessing Officials P.O. Box 6 Camilla, Ga. 31730 (912) 336-0436
434. Guy E. Wood Ga. Assn. of Assessing Officials 165 Central Avenue, S.W. Atlanta, Georgia 30349 (404) 592-2622

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327

435. George Lanier Joseph B. Whitehead Foundation 2500 Trust Company Tower Atlanta, Ga. 30303 (404) 572-4600
436. Jack A. Dennis Ga. Assn. of Assessing Officials 494 Chanterelle Drive Stone Mountain, Ga. 30087
437. Vivian H. Bissinger Miller Brewing Company 3731 Dunwoody Club Drive Dunwoody, Ga. 30338 (404) 394-0745
438. Susan L. Twilley Cobb County Chamber of Commerce 820 Cobb Parkway, N.E. Marietta, Ga. 30062
439. Erv Goodroe Building Material Merchants Assn. 1121 Briarcliff Road Perry, Ga. 31069
440. Mitchell Gwinn Ga. Assn. Property and Casualty Companies 3086 Castleton Way Marietta, Ga. 30062 (404) 977-2862
441. George Hanson, Jr. Ga. Association of Assessing Officials 555 Kings Road Athens, Ga. 30606 (404) 549-5356
442. Luther W. Livingston, Jr. Sandoz/Dorsey Pharmaceuticals 3307 Leeds Way Duluth, Ga. 30136 (404) 476-3202
443. Roger Sharrock Ga. Assn. of Educators 1002 Stelling Road Augusta, Ga. 30907 (404) 737-7300
444. Thomas A. Player Aetna Life and Casualty Ga. State Assn. of Life Underwriters 2922 Orchard Knob Road Atlanta, Ga. 30339 (404) 681-2600

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445. Charles E. Crowder Ga. Agribusiness Council 332 Agriculture Building Capitol Square
Atlanta, Georgia 30334 (404) 656-3698

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

Allgood Barker Barnes Bond Bowen Brannon
Brantley Broun of 46th Brown of 47th
Son Cobb Coleman Dawkins Deai Dean English Engram

Fincher Foster Garner Gillis Greene Harris
Harrison Hi Ho,,oway
Hrto Howard Hudgins Huggins Kennedy Kidd Lester McGill

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

Those not answering were Senators:

Coggin

Hill

Coverdell

Land

Senator Scott of the 43rd introduced the chaplain of the day, Reverend George McCalep, pastor of Green Forest Baptist Church, Decatur, Georgia, who offered scrip
ture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 323. By Senators Scott of the 2nd, Coleman of the 1st, Bryant of the 3rd and others:
A resolution expressing regret at the passing of Sheriff Carl A. Griffin of Chatham County.

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329

SENATE CALENDAR
Monday, January 23, 1984
FIFTEENTH LEGISLATIVE DAY
SB 297 Use of Public Buildings by Physically Handicapped--revise portion of Code (SUBSTITUTE) (Gov Op--5th)
SB 331 Board of Community Affairs--composition (FS&CA-G--33rd)
SB 333 Commission on State Growth Policy--legislative findings (FS&CAG--33rd)
SB 351 Superior Court Clerks' Salaries--no decrease if population decreases (Gov Op--llth)
SB 359 Polygraph Examiners--redefine certain terms (Gov Op--25th)
SB 366 Veterinary Medicine--limitation on city, county license tax apply (FS&CA-G--8th)
SB 367 Antifreeze--when license to sell shall be issued (C Aff--24th)
SB 372 Martin Luther King, Jr.--birthday legal holiday (SUBSTITUTE) (FS&CA-G--43rd)
SB 388 Certain Senate Districts--change composition (Gov Op--10th)
SB 389 Uniform Partnership Act--adopt (Judy--49th)
SB 390 Alcoholic Beverage Sale on Sunday--local authorization certain con ditions (C Aff--35th)
SB 399 Municipal Election--when less than 10 absentee ballots place in bal lot box (Gov Op--25th)
SR 278 Joint Urban County and Municipal Study Committee--create (FS&CA-G--43rd)
SR 280 Joint Study Committee on Regulation of Employment Agen cies--create (AMENDMENT) (Gov Op--28th)
HB 908 Conflicts of Interest--public officials (Gov Op--33rd)
HB 936 Elections--number of offices a person may be nominated to (AMENDMENT) (Gov Op--25th)
SB 358 Sheriffs--minimum annual salary (SUBSTITUTE) (AMEND MENTS) (Gov Op--25th)

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

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

SB 297. By Senator Burton of the 5th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as substantially to revise, modernize, and super-

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sede Chapter 3, relating to access to and use of public buildings by physi cally handicapped persons.

The Senate Committee on Governmental Operations offered the following substi tute to SB 297:

A BILL
To be entitled an Act to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as substantially to revise, modernize, and supersede Chapter 3, relating to access to and use of public buildings by physically handicapped persons; to change the definitions to re flect specific standards; to incorporate illustrated and specific standards by reference; to provide for enforcement; to declare crimes and 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. Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended by striking Chapter 3, relating to access to and use of public buildings by physically handicapped persons, in its en tirety and inserting in lieu thereof a new Chapter 3 to read as follows:
"CHAPTER 3
30-3-1. The provisions of this chapter are enacted to further the pol icy of the State of Georgia to encourage and enable handicapped or eld erly persons to participate fully in the social and economic life of Georgia and to encourage and promote their education and rehabilitation. It is the intent of this chapter to eliminate, insofar as possible, unnecessary physical barriers encountered by handicapped or elderly persons whose ability to participate in the social and economic life of this state is need lessly restricted when such persons cannot readily use government build ings, public buildings, and facilities used by the public.
30-3-2. As used in this chapter, the term:
(1) 'American National Standards Institute Specifications (ANSI standards)' means sections 3 and 4 of the American National Standards Institute specifications Al 17.1-1980 for making buildings and facilities accessible to and usable by physically handicapped individuals.
(2) 'Facilities' shall include, but are not limited to, walkways, side walks, curbings, parking lots, parks, stadiums, coliseums, and any other manmade or developed area used by the public.
(3) 'Government buildings' means all buildings, structures, streets, sidewalks, walkways, and access thereto, which are used by the public or in which handicapped or elderly persons may be employed, that are con structed, leased, or substantially renovated in whole or in part by use of state, county, or municipal funds or the funds of any political subdivi sions of the state, and, to the extent not required otherwise by federal law

MONDAY, JANUARY 23, 1984

331

or regulations and not beyond the power of the state to regulate, all buildings and structures used by the public which are constructed or sub stantially renovated in whole or in part by use of federal funds.

(4) 'Public buildings' means all buildings, structures, streets, side walks, walkways, and access thereto, which are used by the public or in which handicapped or elderly persons may be employed, that are con structed or substantially renovated by the use of private funds, including rental apartment complexes of 20 units or more and temporary lodging facilities of 20 units or more, provided that this chapter shall apply to only 5 percent of those units or a minimum of one unit, whichever is greater, provided that this chapter shall not apply to a private singlefamily residence or to duplexes.

(5) 'Reasonable number' as found in the ANSI standards shall be defined for each of the following standards to mean:

(A) 'Parking spaces (ANSI 4.61) in a reasonable number' shall be determined as follows:

Total number of parking spaces 1-400
401 and greater

Number of designated handicapped parking spaces
A minimum number of 2 or 2 percent of the total provided, whichever is greater
8 plus 1 percent of the total provided above 401

(B) 'Entrances (ANSI 4.14) in a reasonable number' means that all primary entrances usually considered as major points of pedestrian flow must be accessible to and usable by handicapped persons.
(C) 'Drinking fountains (ANSI 4.15) in a reasonable number' means that all drinking fountains shall be accessible to and usable by handicapped persons.
(D) 'Toilet rooms (ANSI 4.22) in a reasonable number' means that for every floor which is to be made accessible to and usable by handi capped persons each toilet room shall conform to ANSI 4.22.
(E) 'Bathrooms, bathing facilities, and shower rooms (ANSI 4.23) in a reasonable number' means that for every floor which is to be made accessible to and usable by handicapped persons each bathroom, bathing facility, and shower room shall conform to ANSI 4.23.
(F) 'Seats, tables, and work surfaces (ANSI 4.32) in a reasonable number' means the following:

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Total number Up to 50
51-400 401 and above

Number of accessible spaces required
2 spaces for wheelchair users adjacent to each other
4 spaces including 2 adjacent to each other
An even number of spaces not less than 1 percent of the total number located throughout all price ranges or locations, or both

(6) 'Substantial renovation' means a construction project costing at least 20 percent of the assessed value for tax purposes at the time of the renovation.
30-3-3. All government buildings, public buildings, and facilities constructed or substantially renovated after July 1, 1984, shall comply with the American National Standards Institute specifications All 7.11980 for making buildings and facilities accessible to and usable by phys ically handicapped people; provided, further, that the Safety Fire Com missioner or, where applicable, the Board of Regents of the University System or the local governing authority having jurisdiction over the buildings in question upon receipt of a sworn written statement from the person who owns or controls the use of any government building, public building, or facility subject to the requirements of this chapter and after taking all circumstances into consideration may determine that full com pliance with any particular standard or specification set forth in this chapter is impractical, whereupon there shall be substantial compliance with the standards or specifications to the maximum extent practical and, within 45 days of such determination, a written record shall be made by the Safety Fire Commissioner or, where applicable, the board of regents or the local governing authority having jurisdiction over the buildings in question, setting forth the reasons why it is impractical for the person subject to the chapter to comply fully with the particular standard or specification and also setting forth the extent to which the government building, public building, or facility shall conform with the standard or specification. The Safety Fire Commissioner or, where applicable, the board of regents or the local governing authority having jurisdiction over the buildings in question shall be responsible for making a final determi nation as to whether or not an exemption shall be granted.
30-3-4. All government buildings, public buildings, and facilities constructed or substantially renovated after July 1, 1984, shall comply with the American National Standards Institute specifications All 7.11980 for making buildings and facilities accessible to and usable by phys ically handicapped individuals and, without limiting the generality of the foregoing, shall provide the following amenities for handicapped persons, as appropriate:
(1) Parking spaces in a reasonable number;

MONDAY, JANUARY 23, 1984

333

(2) Entrances in a reasonable number;
(3) Drinking fountains in a reasonable number;
(4) Toilet rooms in a reasonable number;
(5) Bathrooms, bathing facilities, and shower rooms in a reasonable number; and
(6) Seats, tables, and work surfaces in a reasonable number.
30-3-5. (a) (1) Except for buildings under the jurisdiction of the Board of Regents of the University System, all buildings subject to the jurisdiction of the Safety Fire Commissioner pursuant to Code Section 25-2-12 and subsection (c) of Code Section 25-2-13 shall be subject to the jurisdiction of the Safety Fire Commissioner for purposes of enforce ment of this chapter.
(2) With respect to any such building, the Safety Fire Commissioner shall have the following powers and duties:
(A) No such building shall be built in this state by any private per son or corporation or public entity unless it conforms to the requirements of Code Sections 30-3-3 and 30-3-4 and its plans and specifications have been approved by the Commissioner as provided in this subparagraph. All plans and specifications shall identify the architect or engineer who prepared them in a manner acceptable to the Commissioner. The Com missioner shall approve the plans and specifications only if they conform to the requirements of this chapter. The Commissioner shall not require any additional fee for each submission of plans or specifications other than the standard fee required by Code Section 25-2-14. No local gov erning authority shall issue any building permit for any building subject to this subsection without proof of the approval required by this subparagraph.
(B) In any case where the Commissioner denies approval under subparagraph (2) (A) of this subsection or an exemption under subpara graph (2) (C) of this subsection, the rights and remedies of the person submitting the same shall be those provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(C) Upon a showing that full compliance with any particular re quirement or requirements is impractical or not necessary to accomplish the purposes of this chapter, the Commissioner may exempt a building from full compliance with the requirement or requirements and approve plans and specifications which do not conform, or which only partially conform, to the requirement or requirements.
(b) The board of regents shall be responsible for the administration and enforcement of this chapter with respect to all properties under its jurisdiction. No construction plans shall be approved by the board of re gents for any construction within the University System of Georgia un less the architect or engineer responsible for preparation of said plans and specifications certifies on such plans that to the best of his knowledge, information, and belief they have been prepared in conform-

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ity with ANSI specifications Al 17.1-1980. The certificate of compliance must be displayed on said plans immediately below the architect's seal. The builder, developer, or building owner following said plans shall re quire the certificate of compliance to be displayed on the plans before starting construction.
(c) Local governing authorities shall be responsible for the adminis tration and enforcement of this chapter with regard to all other buildings described in paragraph (4) of Code Section 30-3-2 which are under their jurisdiction. No building permit shall be approved by any local governing authority for any private person, corporation, partnership, association, or public entity unless the plans and specifications have been approved as required by subsection (a) of this Code section, and unless the architect or engineer responsible for preparation of said plans and specifications certifies on such plans that to the best of his knowledge, information, and belief they have been prepared in conformity with ANSI specifications Al 17.1-1980, The builder, developer, or building owner following said plans shall require such a certificate of compliance on the plans before starting construction. All construction plans must display such a certifi cate of compliance provided by the architect or engineer for all construc tion in local governing jurisdictions which do not require building per mits. In all areas where local governing authority building permits are not required, the builder, developer, or building owner following said plans shall require such a certificate of compliance to be displayed on the plans before starting construction.
(d) In the performance of their responsibilities under this chapter, all state rehabilitation agencies and appropriate elective or appointive of ficials shall be required to cooperate with and assist the Safety Fire Com missioner, the board of regents, and the appropriate local building code officials or local fire department, or both, having jurisdiction over the buildings in question.
(e) The Safety Fire Commissioner, the board of regents, and the local building code officials or the local fire department, or both, having jurisdiction over the buildings in question shall from time to time inform, in writing, professional organizations and others of this law and its application.
(f) The Safety Fire Commissioner, the board of regents, and the local governing authority having jurisdiction over the buildings in ques tion shall have all necessary powers to require compliance with their rules, regulations, and procedures, and modifications thereof and substi tutions therefor, including powers to institute and prosecute proceedings in the superior court to compel compliance, and shall not be required to pay any entry or filing fee in connection with the institution of such proceedings.
(g) The Safety Fire Commissioner, the board of regents, and the local governing authority having jurisdiction over the buildings in ques tion, after consultation with state rehabilitation agencies and other sources as they might determine, are authorized to promulgate such rules, regulations, and procedures as might reasonably be required to im plement and enforce their responsibilities under this chapter.

MONDAY, JANUARY 23, 1984

335

(h) The Safety Fire Commissioner, the board of regents, and the local governing authority having jurisdiction over the buildings in ques tion, after consultation with state rehabilitation agencies, are also author ized to waive any of the standards and specifications presently set forth in this chapter and to substitute in lieu thereof standards or specifications consistent in effect to such standards or specifications heretofore adopted by the American Standards Association, Inc.
30-3-6. Any person, firm, or corporation who violates this chapter, or who causes another person, firm, or corporation to violate this chapter, or who fails or refuses to comply with any regulation promulgated under this chapter shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Hill of the 29th offered the following amendment:

Amend the substitute to SB 297 offered by the Senate Committee on Governmental Operations by striking on Page 3, line 21 the figure "5" and inserting in lieu thereof the figure "7".

On the adoption of the amendment, the yeas were 24, nays 14, and the amend ment was adopted.

Senator Land of the 16th offered the following amendment:

Amend the substitute to SB 297 offered by the Senate Committee on Governmental Operations by striking on Page 3 all of line 24 and inserting in lieu thereof the following:
"residence, duplexes, triplexes, quadplexes or to condominiums."

On the adoption of the amendment, the yeas were 16, nays 24, and the amend ment was lost.

Senator Garner of the 30th offered the following amendment:

Amend the substitute to SB 297 offered by the Senate Committee on Governmental Operations by striking on Page 5, line 25, after the word "The" the following:
"assessed value for tax purposes"
and adding in lieu thereof the following:
"fair market value".

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

On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon 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 Howard Hudgins Huggins Kidd Lester

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

Those voting in the negative were Senators:

Horton

Land

Starr

Not voting was Senator Kennedy (presiding).

On the passage of the bill, the yeas were 52, nays 3.

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

MONDAY, JANUARY 23, 1984

337

SB 331. By Senators Barnes of the 33rd, Trulock of the 10th and Dean of the 31st:
A bill to amend Code Section 50-8-4 of the Official Code of Georgia Anno tated, relating to the Board of Community Affairs, generally, so as to pro vide for the composition of the Board of Community Affairs; to provide for the membership of the board; to provide for the terms 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, 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 Kidd Land Lester

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

Not voting was Senator Kennedy (presiding).

On the passage of the bill, the yeas were 55, nays 0.

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

SB 333. By Senators Barnes of the 33rd, Trulock of the 10th and Dean of the 31st:
A bill to amend Article 8 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Commission on State Growth Policy, so as to provide for legislative findings and declarations; to provide for powers and duties of the commission.

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

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

Those voting in the affirmative were Senators:

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

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Horton Huggins Kidd Land Lester

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

Those not voting were Senators:

Coverdell Holloway Howard

Hudgins Kennedy (presiding)

McKenzie Tysinger

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

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

SB 351. By Senator Timmons of the llth:
A bill to amend Code Section 15-6-88 of the Official Code of Georgia Anno tated, relating to the minimum annual salary of clerks of the superior courts, so as to provide that in the event the population of a county accord ing to the United States decennial census of 1980 or any future such census is less than its population according to the United States decennial census of 1970, the population bracket under which any such county falls shall be determined according to the United States decennial census of 1970.

Senator Peevy of the 48th moved that he be excused from voting on SB 351, stat ing that he had a personal interest in the results.

MONDAY, JANUARY 23, 1984

339

On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Peevy of the 48th was excused from voting on SB 351.

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

On the 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 Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kidd Land

Lester McGill Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Burton.

Those not voting were Senators:

Coverdell Howard

Kennedy (presiding) McKenzie

Peevy (excused) Stumbaugh

On the passage of the bill, the yeas were 49, nays 1.

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

SB 359. By Senator Kidd of the 25th:
A bill to amend Chapter 36 of Title 43 of the Official Code of Georgia Annotated, relating to polygraph examiners, so as to change the definition of certain terms.

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

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

Those voting in the affirmative were Senators:

Allgood 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 Howard Hudgins Huggins

Kidd
Lester McGill McKenzie Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Turner Tysinger Walker

Those voting in the negative were Senators Deal and Peevy.

Those not voting were Senators:

Kennedy (presiding) Land

Tate Timmons

Trulock

On the passage of the bill, the yeas were 49, nays 2.

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

Senator Allgood of the 22nd asked unanimous consent that Senator Broun of the 46th be excused from the Senate today to attend his sister's funeral; the consent was granted and Senator Broun of the 46th was excused from the Senate for the rest of
today.

MONDAY, JANUARY 23, 1984

341

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

SB 366. By Senators Turner of the 8th, Tysinger of the 41st and McGill of the 24th:
A bill to amend Code Section 48-13-5 of the Official Code of Georgia Anno tated, relating to the limitation on county and municipal license, occupa tional, or professional tax on certain occupations and professions, so as to provide that such limitation shall apply to the practice of veterinary medicine.

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

On the 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
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 Kidd Land Lester McGill

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

Those not voting were Senators:

Barnes

Huggins

Broun of 46th (excused)

Kennedy (presiding)

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

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

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SB 367. By Senators McGill of the 24th, Walker of the 19th, Kennedy of the 4th and English of the 21st:
A bill to amend Part 3 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to regulation of sale of antifreeze, so as to provide that licenses authorizing the sale of antifreeze shall be issued on a calendar year basis rather than a fiscal year basis.

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

On the 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
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

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

Those not voting were Senators:

Barnes

Holloway

Broun of 46th (excused) Kennedy (presiding)

Garner

Phillips Timmons

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

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

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343

SB 372. By Senators Scott of the 43rd, Bond of the 39th, Tate of the 38th and others:
A bill to amend Code Section 1-4-1 of the Official Code of Georgia Anno tated, relating to legal holidays, so as to provide that the birthday of Martin Luther King, Jr. shall be a legal holiday.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to SB 372:

A BILL
To be entitled an Act to amend Code Section 1-4-1 of the Official Code of Georgia Annotated, relating to public and legal holidays, so as to provide for the designation of certain days as public and legal holidays; to provide procedures for determining how the state shall treat such days and dates; to provide a procedure for observing other days; to provide for other matters relative to the foregoing; to provide a legislative purpose; 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 1-4-1 of the Official Code of Georgia Anno tated, relating to public and legal holidays, is amended by striking in its entirety said Code section, which reads as follows:
"1-4-1. (a) The following days are declared to be public and legal holidays in Georgia:
(1) January 1, known as New Year's Day;
(2) January 19, known as Lee's Birthday;
(3) The third Monday in February, known as Washington's Birthday;
(4) April 26, known as Confederate Memorial Day;
(5) The last Monday in May, known as National Memorial Day;
(6) June 3, known as Jefferson Davis's Birthday;
(7) July 4, known as Independence Day;
(8) The first Monday in September, known as Labor Day;
(9) The second Monday in October, known as Columbus Day;
(10) November 11, known as Veterans' Day;
(11) The fourth Thursday in November, known as Thanksgiving Day;
(12) December 25, known as Christmas Day; and

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(13) Any day proclaimed or designated by the Governor of this state or the President of the United States as a day of fasting and prayer or other religious observance.
(b) Whenever a public and legal holiday occurs on a Saturday, the preceding Friday shall be observed as a public and legal holiday. When ever a public and legal holiday occurs on a Sunday, the following Mon day shall be observed as a public and legal holiday.
(c) Employees of departments and agencies covered by the state merit system shall, upon request to their appointing authority or his designee, at least seven days in advance, be given priority consideration for time away from work for observance of religious holidays not otherwise provided for herein. Any paid leave time for such religious holiday obser vance shall be charged to accrued compensatory leave or accrued annual leave credits available to the employee at the time of the holiday obser vance. No employee may claim priority consideration for more than three work days each calendar year. A request by an employee for time away from work to observe a religious holiday shall not be denied unless the employee has inadequate accrued compensatory or annual leave credits to cover such period of absence or the duties performed by the employee are urgently required and the employee is the only person available who can perform the duties as determined by the appointing authority or his designee.",
and inserting in lieu thereof a new Code Section 1-4-1 to read as follows:
"1-4-1. (a) The State of Georgia shall recognize and observe as pub lic and legal holidays:
(1) All days now or hereafter recognized and observed as public and legal holidays by the federal government; and
(2) All other days designated and proclaimed by the Governor as public and legal holidays or as days of fasting and prayer or other reli gious observance.
(b) The Governor shall close all state offices and facilities a mini mum of 12 days throughout the year in observance of the public and legal holidays and other days set forth in subsection (a) of this Code section and shall specify the days state offices and facilities shall be closed for such observances.
(c) Employees of any state department or agency or of any other department or agency covered by the state merit system shall, upon re quest to their appointing authority or his designee at least seven days in advance, be given priority consideration for time away from work for observance of religious holy days not otherwise provided for in this Code section. Any paid leave time for such religious holy day observance shall be charged to accrued compensatory leave or accrued annual leave cred its available to the employee at the time of the holy day observance. No employee may claim priority consideration for more than three work days each calendar year. A request by an employee for time away from work to observe a religious holy day shall not be denied unless the em ployee has inadequate accrued compensatory or annual leave credits to

MONDAY, JANUARY 23, 1984

345

cover such period of absence or the duties performed by the employee are urgently required and the employee is the only person available who can perform the duties as determined by the appointing authority or his designee. The State Personnel Board shall provide by rule and regulation a procedure to be followed by agencies and departments in the granting of such holy days for employees in the classified service of the state merit system. The employing department or agency shall provide the proce dures to be followed for all other employees."
Section 2. This Act shall become effective on December 31, 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 32, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Bond Bowen Brown of 47th
VtyTM 1
Cogg'in
CCoovleemrdaenll Dawkins Dean English Engram

Fincher Garner Gillis Greene Harris
g"?f
gay
HHouwdgairnds Kidd Land McGill McKenzie

Peevy Perry Reddish Scott of 2nd Scott of 36th
Scott of 43rd
Stumbaugh
Ti,iamtemons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Brannon Brantley Burton

Deal Foster Harrison

Lester Starr Thompson

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JOURNAL OF THE SENATE

Those not voting were Senators:

Barnes

Hill

Broun of 46th (excused) Huggins

Kennedy (presiding) Phillips

On the passage of the bill, the yeas were 41, nays 9.

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

Senator Scott of the 2nd moved that SB 372 be immediately transmitted to the House.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 372 was immediately transmitted to the House.

SB 388. By Senators Trulock of the 10th and Bowen of the 13th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Anno tated, relating to apportionment of the Senate and qualifications of its mem bers, so as to change the composition of certain state Senate districts.

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

On 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 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
Lester McGill

McKenzie Peevy Perry Phillips Reddish Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

MONDAY, JANUARY 23, 1984

347

Those not voting were Senators:

Barker

Coverdell

Barnes

Engram

Broun of 46th (excused) Kennedy (presiding)

Land Scott of 2nd Tate

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 389. By Senator Deal of the 49th: A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to revise, modernize and supersede the laws of Georgia relating to partnerships; to adopt the "Uniform Partnership Act".
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal Dean Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Kidd Lester

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

Those not voting were Senators:

Barnes Bond Broun of 46th (excused) Coverdell

English Hudgins Kennedy (presiding) Land

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.

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JOURNAL OF THE SENATE

SB 390. By Senator Coggin of the 35th:
A bill to amend Chapter 3 of Title 3 of the Official Code of Georgia Anno tated, relating to the regulation of alcoholic beverages generally, so as to provide for local authorization and regulation of sales of alcoholic beverages on Sunday under certain conditions.

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

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

Those voting in the affirmative were Senators:

Barker
Bond Bowen
Brantley Bryant
Cobb Coggin Coleman
Coverdell Dean English
Engram
Garner

Gillis Harris Harrison Hill Hine Horton Howard Hudgins Kidd Land Lester McKenzie

Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Trulock Turner Walker

Those voting in the negative were Senators:

Brannon
Brown of 47th Burton
Dawkins

Deal
Fincher Foster
Greene

Huggins Starr Thompson
Tysinger

Those not voting were Senators:

Allgood

Holloway

Barnes

Kennedy (presiding)

Broun of 46th (excused)

McGill Timmons

On the passage of the bill, the yeas were 37, nays 12.

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

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349

Senator Trulock of the 10th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 390.

SB 399. By Senator Kidd of the 25th:
A bill to amend Code Section 21-3-291 of the Official Code of Georgia An notated, relating to challenge of absentee ballots and duty of poll managers to open envelopes and deposit absentee ballots in ballot box in municipal elections, so as to provide that, in elections where paper ballots are used, if ten or less absentee ballots have been voted, such absentee ballots shall be deposited in a regular ballot box.

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

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

Those voting in the affirmative were Senators:

Barker Bond Bowen Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Deal Dean English Engram Foster Garner

Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Lester McGill McKenzie Peevy

Perry Phillips Reddish 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 Brannon

Broun of 46th (excused) Fincher

Coverdell

Kennedy (presiding)

Dawkins

Land

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

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

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JOURNAL OF THE SENATE

SR 278. By Senator Scott of the 43rd:
A resolution creating a Joint 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:

Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coleman Coverdell Deal Dean English Engrain

Foster Garner Gillis Greene Harris Hill Hine Horton Howard Huggins Kidd Land Lester McGill McKenzie

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

Those not voting were Senators:

Allgood Broun of 46th (excused) Coggin Dawkins

Fincher Harrison Holloway

Hudgins Kennedy (presiding) Thompson

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

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

SR 280. By Senator Cobb of the 28th:
A resolution creating the Joint Study Committee on the Regulation of Em ployment Agencies.

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351

The Senate Committee on Governmental Operations offered the following amendment:

Amend SR 280 by striking from a portion of lines 10 and 11 of Page 1 the following:
"agencies whose fees are paid solely by employers, and temporary help services;",
and inserting in lieu thereof the following:
"and agencies whose fees are paid solely by employers;".

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

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

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

Those voting in the affirmative were Senators:

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

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

Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker

Kennedy (presiding)

Broun of 46th (excused) Scott of 36th

Stumbaugh

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JOURNAL OF THE SENATE

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

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

HB 908. By Representatives Connell of the 87th, Murphy of the 18th, Ware of the 77th and others:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interests, so as to provide that certain transactions between a public official or employee or any busi ness in which such public official or employee or any member of his family has a substantial interest and the state or any agency thereof shall not be unlawful and shall not constitute a conflict of interest.
Senate Sponsor: Senator Barnes of the 33rd.

Senator Allgood of the 22nd moved that he be excused from voting on HB 908, stating that he had a personal interest in the results.

On the motion, the yeas were 38, nays 1; the motion prevailed, and Senator Allgood of the 22nd was excused from voting on HB 908.

Senator Bryant of the 3rd moved that he be excused from voting on HB 908, stating that he had a personal interest in the results.

On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Bryant of the 3rd was excused from voting on HB 908.

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

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

Those voting in the affirmative were Senators:

Barnes Bond Bowen Brannon Brantley Brown of 47th Burton Cobb

Coggin Coleman Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hill

Mine Holloway Horton Howard Hudgins Huggins Kidd Land Lester

MONDAY, JANUARY 23, 1984

353

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr

Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood (excused)

Bryant (excused)

Barker

Kennedy (presiding)

Broun of 46th (excused)

McGill Scott of 36th

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

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

HB 936. By Representatives Bray of the 91st, Holmes of the 28th, Edwards of the 112th and Steinberg of the 46th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to restrict the number of offices for which an individual may be nominated or be a candidate in any one election.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following amendment:

Amend HB 936 by adding in the title on line 15 of Page 2, immediately preceding the words "to repeal", the following:
"to provide an effective date;".
By renumbering Section 23 of Page 32 as Section 24 and adding a new Section 23 to read as follows:
"Section 23. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

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JOURNAL OF THE SENATE

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

of the bill as

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Barker

Kennedy (presiding)

Broun of 46th (excused)

Scott of 36th

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

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

SB 358. By Senator Kidd of the 25th:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to change the minimum annual salary of the sheriff.

Senator Allgood of the 22nd moved that SB 358 be postponed until January 24.

Senator Kidd of the 25th moved the previous question.

MONDAY, JANUARY 23, 1984

355

Senator Allgood of the 22nd moved that SB 358 be placed on the Table.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ruled that the motion offered by Senator Allgood of the 22nd to table SB 358 takes precedence.

On the motion, the yeas were 29, nays 11; the motion prevailed, and SB 358 was placed on the Table..

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

Mr. President:

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

HB 571. By Representatives Dobbs of the 74th, Jackson of the 65th, Alford of the 57th and Lane of the lllth:
A bill to amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, known as the "Litter Control Law," so as to provide for posting of a cash bond or deposit of driver's license in lieu of incarceration, formal recognizance, or bail by persons arrested for violation of any litter law.

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 12:28 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, January 24, 1984 Sixteenth Legislative Day

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

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

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

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

Mr. President:

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

HB 536. By Representatives Colwell of the 4th, Cox of the 141st, Hanner of the 131st and others:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to probation, so as to change the provisions relating to the duty of probationers to inform their probation supervisors of their residences.

HB 812. By Representatives Phillips of the 125th, Triplett of the 128th, Mueller of the 126th and Johnson of the 123rd:
A bill to amend an Act entitled "An Act to create and organize Commis sioners of Chatham County, to define their jurisdiction and duties, and for other purposes", so as to provide for the correct name of the governing au thority in compliance with the provisions of the Act approved April 8, 1968.

HB 830. By Representatives Barnett of the 10th, Wood of the 9th, Coleman of the 118th and Hanner of the 131st:
A bill to amend Code Section 34-9-1 of the Official Code of Georgia Anno tated, relating to definitions applicable to workers' compensation, so as to redefine the term "employee" to include volunteer law enforcement officers under certain circumstances.

TUESDAY, JANUARY 24, 1984

357

HB 883. By Representative Russell of the 64th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedures, so as to provide that state agencies shall reduce the economic impact of proposed rules on small busi ness by taking certain actions prior to adoption of rules.

HB 884. By Representatives Adams of the 16th, Childers of the 15th, McKelvey of the 15th and others:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to licensing of auctioneers, so as to make it unlawful for a licensed auctioneer to engage in the practice of auctioning real property un less such auctioneer is licensed as a real estate broker, associate broker, or salesperson.

HB 893. By Representatives Lee of the 72nd and Burruss of the 20th:
A bill to repeal Code Section 20-3-69 of the Official Code of Georgia Anno tated, authorizing the chancellor of the University System of Georgia to ap pear before the General Assembly.

HB 934. By Representatives Colwell of the 4th, Hays of the 1st and Jackson of the 9th:
A bill to amend Code Section 42-2-51 of the Official Code of Georgia Anno tated, relating to the jurisdiction of the Department of Offender Rehabilita tion over certain misdemeanor offenders, designation of place of confinement of inmates, and reimbursement of county for incarceration of inmates await ing transfer to the department, so as to change the provisions relating to the assignment by the commissioner of offender rehabilitation.

HB 1105. By Representatives Oliver of the 121st, Godbee of the 110th, Triplett of the 128th and others:
A bill to amend Code Section 27-4-133 of the Official Code of Georgia An notated, relating to fishing with power-drawn nets, etc., so as to provide that it shall be unlawful for any person to use a power-drawn net in certain of the salt waters of this state for commercial shrimping or crabbing.

HB 1174. By Representatives Phillips of the 120th, Irvin of the llth and Long of the 142nd:
A bill to amend Part 3 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Safe Dams Act of 1978," relating to the operation and construction of dams, so as to provide that an artificial barrier impounding or diverting water that is less than 15 feet in height shall not be a dam for the purposes of said part unless it has an impounding capacity at its maximum storage elevation of 100 acre-feet or more.

358

JOURNAL OF THE SENATE

HB 1186. By Representative Oliver of the 121st:
A bill to amend an Act abolishing the fee system of compensating the sheriff of Tattnall County and providing in lieu thereof an annual salary, so as to provide that the governing authority of Tattnall County shall furnish the sheriff a patrol automobile for each deputy sheriff.

HB 1189. By Representative Adams of the 79th:
A bill to repeal an Act entitled "An Act to consolidate and combine the Board of Tax Assessors of the City of Thomaston and the County of Upson and to define the powers and duties of such joint board of tax assessors".

HB 1193. By Representatives Dover and Irvin of the llth and Twiggs and Colwell of the 4th:
A bill to amend, revise, consolidate, and supersede the several Acts incorpo rating the Town of Tallulah Falls, in Habersham and Rabun counties.

HB 1194. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act creating the Notla Water Authority, so as to define the geographic boundaries of the service area of the authority.

HB 1203. By Representative Birdsong of the 104th:
A bill to amend an Act providing for the election of the members of the Board of Education of Twiggs County, so as to change provisions for the method of filling vacancies in office on the board of education.

HB 1204. By Representative Birdsong of the 104th:
A bill to amend an Act providing for a board of commissioners of Twiggs County, so as to change provisions for the method of filling vacancies in office on the board of commissioners.

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

HR 478. By Representative Johnson of the 72nd:
A resolution authorizing the conveyance of certain state owned real property located in Chattanooga, Tennessee, to the Lord Company.

HR 482. By Representatives McKelvey and Childers of the 15th and Caldwell of the 16th:
A resolution authorizing the conveyance of certain state owned property lo cated in Floyd County, Georgia.

TUESDAY, JANUARY 24, 1984

359

HR 487. By Representative Johnson of the 72nd:
A resolution authorizing the conveyance of certain state owned real property located in Chattanooga, Hamilton County, Tennessee.

HR 522. By Representative Greer of the 39th:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions relating to the repeal of the resolution.

HR 544. By Representative Bray of the 91st:
A resolution authorizing the conveyance of certain state owned real property located in Meriwether County, Georgia, in order to settle certain boundary line discrepancies.

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

SB 246. By Senators Hudgins of the 15th, Bond of the 39th, Tate of the 38th and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the Council of Juvenile Court Judges may receive legal or social case information on children.

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

HB 1088. By Representatives Colwell of the 4th and Hays of the 1st:
A bill to amend Code Section 42-2-9 of the Official Code of Georgia Anno tated, relating to the selection of department personnel, so as to remove the requirement for consent and approval of the board.

HB 1089. By Representatives Colwell of the 4th and Hays of the 1st:
A bill to amend Code Section 44-12-199 of the Official Code of Georgia Annotated, relating to the presumption of abandonment of property, so as to provide for the presumptive abandonment of tangible personal property of persons under the custody and control of the Georgia Department of Of fender Rehabilitation after one year and to provide for the sale thereof.

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JOURNAL OF THE SENATE

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

SB 454. By Senator Howard of the 42nd:
A bill to amend Chapter 42 of Title 43 of the Official Code of Georgia Annotated, relating to registered professional sanitarians, so as to require completion of a continuing professional education program as a prerequisite for renewal of a license.
Referred to Committee on Human Resources.

SB 455. By Senator Howard of the 42nd:
A bill to amend Code Section 37-7-166 of the Official Code of Georgia An notated, relating to maintenance, confidentiality, and release of clinical records, so as to change certain conditions regarding the release of clinical records.
Referred to Committee on Human Resources.

SB 456. By Senators Kidd of the 25th and Cobb of the 28th:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Anno tated, relating to fees and taxes on insurance companies, so as to provide for the abatement or reduction of the tax payable on gross direct premiums by all foreign, alien, and domestic insurance companies other than life insur ance companies doing business in this state.
Referred to Committee on Insurance.

SB 457. By Senators Peevy of the 48th, Dawkins of the 45th, McKenzie of the 14th and others:
A bill to amend Code Section 40-2-71.1 of the Official Code of Georgia Annotated, relating to special license plates for former prisoners of war, so as to provide that certain veterans who have been prisoners of war shall be issued not more than two distinctive personalized license plates free of charge.
Referred to Committee on Defense and Veterans Affairs.

SB 458. By Senators Harrison of the 37th, Stumbaugh of the 55th, Fincher of the 54th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide for jurisdiction of certain providers of health care benefits.
Referred to Committee on Insurance.

TUESDAY, JANUARY 24, 1984

361

SB 459. By Senator Bowen of the 13th:
A bill to change the provisions relating to the Magistrate Court of Dooly County, so as to change the manner of selecting the chief magistrate thereof and to provide for terms of and vacancies in such office.
Referred to Committee on Federal, State and Community Affairs.

SB 460. By Senators Peevy of the 48th and Scott of the 43rd:
A bill to amend Code Section 43-14-8 of the Official Code of Georgia Anno tated, relating to licensing of persons engaged in the business of electrical contracting, plumbing, or conditioned air contracting, so as to change the provisions regarding the time during which certain persons shall be issued a statewide license without restriction if such persons submit proper applica tion and pay the required fees.
Referred to Committee on Industry and Labor.

SB 461. By Senator Barnes of the 33rd:
A bill to amend Code Section 16-2-22 of the Official Code of Georgia Anno tated, relating to criminal responsibility of corporations, so as to provide for the prosecution under certain circumstances of agents and managerial offi cials of a corporation.
Referred to Committee on Judiciary and Constitutional Law.

The following bills and resolutions of the House were read the first time and re ferred to committees:

HB 536. By Representatives Colwell of the 4th, Cox of the 141st, Hanner of the 131st and others:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to probation, so as to change the provisions relating to the duty of probationers to inform their probation supervisors of their residences.
Referred to Committee on Offender Rehabilitation.

HB 571. By Representatives Dobbs of the 74th, Jackson of the 65th, Alford of the 57th and Lane of the lllth:
A bill to amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, known as the "Litter Control Law," so as to provide for posting of a cash bond or deposit of driver's license in lieu of incarceration, formal recognizance, or bail by persons arrested for violation of any litter law.
Referred to Committee on Transportation.

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JOURNAL OF THE SENATE

HB 830. By Representatives Barnett of the 10th, Wood of the 9th, Coleman of the 118th and Manner of the 131st:
A bill to amend Code Section 34-9-1 of the Official Code of Georgia Anno tated, relating to definitions applicable to workers' compensation, so as to redefine the term "employee" to include volunteer law enforcement officers under certain circumstances.
Referred to Committee on Industry and Labor.

HB 883. By Representative Russell of the 64th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedures, so as to provide that state agencies shall reduce the economic impact of proposed rules on small busi ness by taking certain actions prior to adoption of rules.
Referred to Committee on Economic Development and Tourism.

HB 884. By Representatives Adams of the 16th, Childers of the 15th, McKelvey of the 15th and others:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to licensing of auctioneers, so as to make it unlawful for a licensed auctioneer to engage in the practice of auctioning real property un less such auctioneer is licensed as a real estate broker, associate broker, or salesperson.
Referred to Committee on Industry and Labor.

HB 893. By Representatives Lee of the 72nd and Burruss of the 20th:
A bill to repeal Code Section 20-3-69 of the Official Code of Georgia Anno tated, authorizing the Chancellor of the University System of Georgia to appear before the General Assembly.
Referred to Committee on Higher Education.

HB 934. By Representatives Colwell of the 4th, Hays of the 1st and Jackson of the 9th:
A bill to amend Code Section 42-2-51 of the Official Code of Georgia Anno tated, relating to the jurisdiction of the Department of Offender Rehabilita tion over certain misdemeanor offenders, designation of place of confinement of inmates, and reimbursement of county for incarceration of inmates await ing transfer to the department, so as to change the provisions relating to the assignment by the commissioner of offender rehabilitation.
Referred to Committee on Offender Rehabilitation.

HB 1088. By Representatives Colwell of the 4th and Hays of the 1st:
A bill to amend Code Section 42-2-9 of the Official Code of Georgia Anno tated, relating to the selection of department personnel, so as to remove the requirement for consent and approval of the board.
Referred to Committee on Governmental Operations.

TUESDAY, JANUARY 24, 1984

363

HB 1089. By Representatives Colwell of the 4th and Hays of the 1st:
A bill to amend Code Section 44-12-199 of the Official Code of Georgia Annotated, relating to the presumption of abandonment of property, so as to provide for the presumptive abandonment of tangible personal property of persons under the custody and control of the Georgia Department of Of fender Rehabilitation after one year and to provide for the sale thereof.
Referred to Committee on Offender Rehabilitation.

HB 1105. By Representatives Oliver of the 121st, Godbee of the 110th, Triplett of the 128th and others:
A bill to amend Code Section 27-4-133 of the Official Code of Georgia An notated, relating to fishing with power-drawn nets, etc., so as to provide that it shall be unlawful for any person to use a power-drawn net in certain of the salt waters of this state for commercial shrimping or crabbing.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1174. By Representatives Phillips of the 120th, Irvin of the llth and Long of the 142nd:
A bill to amend Part 3 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Safe Dams Act of 1978," relating to the operation and construction of dams, so as to provide that an artificial barrier impounding or diverting water that is less than 15 feet in height shall not be a dam for the purposes of said part unless it has an impounding capacity at its maximum storage elevation of 100 acre-feet or more.
Referred to Committee on Natural Resources and Environmental Quality.

HR 478. By Representative Johnson of the 72nd:
A resolution authorizing the conveyance of certain state owned real property located in Chattanooga, Tennessee, to the Lord Company.
Referred to Committee on Public Utilities.

HR 482. By Representatives McKelvey of the 15th, Childers of the 15th and Caldwell of the 16th:
A resolution authorizing the conveyance of certain state owned property lo cated in Floyd County, Georgia.
Referred to Committee on Public Utilities.

HR 487. By Representative Johnson of the 72nd:
A resolution authorizing the conveyance of certain state owned real property located in Chattanooga, Hamilton County, Tennessee.
Referred to Committee on Public Utilities.

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JOURNAL OF THE SENATE

HR 522. By Representative Greer of the 39th:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions relating to the repeal of the resolution.
Referred to Committee on Transportation.

HR 544. By Representative Bray of the 91st:
A resolution authorizing the conveyance of certain state owned real property located in Meriwether County, Georgia, in order to settle certain boundary line discrepancies.
Referred to Committee on Public Utilities.

HB 812. By Representatives Phillips of the 125th, Triplett of the 128th, Mueller of the 126th and Johnson of the 123rd:
A bill to amend an Act entitled "An Act to create and organize Commis sioners of Chatham County, to define their jurisdiction and duties, and for other purposes", so as to provide for the correct name of the governing au thority in compliance with the provisions of the Act approved April 8, 1968.
Referred to Committee on Federal, State and Community Affairs.

HB 1186. By Representative Oliver of the 121st:
A bill to amend an Act abolishing the fee system of compensating the sheriff of Tattnall County and providing in lieu thereof an annual salary, so as to provide that the governing authority of Tattnall County shall furnish the sheriff a patrol automobile for each deputy sheriff.
Referred to Committee on Federal, State and Community Affairs.

HB 1189. By Representative Adams of the 79th:
A bill to repeal an Act entitled "An Act to consolidate and combine the Board of Tax Assessors of the City of Thomaston and the County of Upson and to define the powers and duties of such joint board of tax assessors".
Referred to Committee on Federal, State and Community Affairs.

HB 1193. By Representatives Dover and Irvin of the llth and Twiggs and Colwell of the 4th:
A bill to amend, revise, consolidate, and supersede the several Acts incorpo rating the Town of Tallulah Falls, in Habersham and Rabun counties.
Referred to Committee on Federal, State and Community Affairs.

HB 1194. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act creating the Notla Water Authority, so as to define the geographic boundaries of the service area of the authority.
Referred to Committee on Federal, State and Community Affairs.

TUESDAY, JANUARY 24, 1984

365

HB 1203. By Representative Birdsong of the 104th:
A bill to amend an Act providing for the election of the members of the Board of Education of Twiggs County, so as to change provisions for the method of filling vacancies in office on the board of education.
Referred to Committee on Federal, State and Community Affairs.

HB 1204. By Representative Birdsong of the 104th:
A bill to amend an Act providing for a board of commissioners of Twiggs County, so as to change provisions for the method of filling vacancies in office on the board of commissioners.
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 of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 440. HB 1047. HB 1048.

Do pass 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 of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 965. Do pass by substitute. HB 1024. Do pass by substitute.
Respectfully submitted,
Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider-

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ation the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 844. HB 895. HB 1079. HB 1092. HB 1093, HB 1095. HB 1113. HB 1116.

Do pass. Do pass. Do pass as amended. Do pass. Do pass. Do pass. Do pass. Do pass.

HB 1117. HB 1136. HB 1141. HB 1161. HB 1176. HB 1177. HB 1178. HB 1179.

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 Governmental Operations has had under consideration the fol lowing bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 417. SB 418. SB 428. SB 446. SR 318. HB 933.

Do pass. Do pass as amended. Do pass. Do pass. Do pass. Do pass.

HB 937. HB 939. HB 940. HB 941. HB 942. HB 943.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Higher Education has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 324. Do pass. SR 277. Do pass.
Respectfully submitted,
Senator Fincher of the 54th District, Chairman

TUESDAY, JANUARY 24, 1984

367

Mr. President:

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

HB 1003. Do pass. SB 405. Do pass.

SB 409. Do pass.

Respectfully submitted,

Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 330. Do pass by substitute. SB 391. Do pass by substitute.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 356. Do pass as amended. HB 644. Do pass.
Respectfully submitted,
Senator Timmons of the llth District, Chairman

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

SB 259. By Senator Scott of the 43rd:
A bill to amend Code Section 33-24-28.1 of the Official Code of Georgia Annotated, relating to required accident and sickness insurance coverage of mental disorders, so as to change the nature of required coverage.

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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 403. By Senator Kidd of the 25th: A bill to amend an Act creating a board of commissioners for Jasper County, so as to change the provisions relating to the election of the 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 404. By Senator Kidd of the 25th: A bill to amend an Act repealing an Act incorporating the City of Monticello and granting a new charter for the City of Monticello, so as to change the provisions relating to the election of the mayor and councilmen.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 410. By Senator Hill of the 29th:
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 duly ratified at the 1952 general election and proclaimed by the Governor to be a part of the Constitution of 1945, which amendment pro vided for the division of Troup County into school districts, the election of members of the county board of education from those school districts and their terms of office and qualifications, and the election and appointment by the county board of education of a superintendent of the county school sys tem and prescribed his qualifications and term of office.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

TUESDAY, JANUARY 24, 1984

369

Senator Hill of the 29th moved that SB 410 be immediately transmitted to the House.
On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 410 was immediately transmitted to the House.

SB 421. By Senator Timmons of the llth: A bill to provide that the judge of the Probate Court of Calhoun County shall become the chief magistrate of the Magistrate Court of Calhoun County on a certain date; to provide for the compensation of said officer.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1030. By Representatives Alien of the 127th, Mueller of the 126th, Johnson of the 123rd and others: A bill to establish the terms of court for the Recorder's Court of Chatham County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1040. By Representative Carter of the 146th: A bill to provide that the judge of the Probate Court of Cook County shall serve as chief magistrate of the Magistrate Court of Cook County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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HB 1094. By Representative Hudson of the 117th:
A bill to provide for the appointment of the chief magistrate of Wilcox County by the governing authority of Wilcox County.

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

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

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

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

Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th
ry*nt ?obbn Coggin Coverdell Dawkins D ea i Dean English Engram

Fincher Foster Garner Greene Harris Harrison Hill Rine
Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

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

Those not answering were Senators:

Bond Coleman

Gillis

Timmons

Senator Brantley of the 56th introduced the chaplain of the day, Father Bob John son, pastor of Holy Innocents Episcopal Church, Atlanta, Georgia, who offered scrip
ture reading and prayer.

TUESDAY, JANUARY 24, 1984

371

The following resolution of the Senate was read and adopted:

SR 325. By Senator Kennedy of the 4th:
A resolution remembering Mrs. Maurice Hammond and expressing sympa thy at her passing.

SENATE CALENDAR
Tuesday, January 24, 1984
SIXTEENTH LEGISLATIVE DAY
SB 394 Legislative Educational Research Council--repeal Code Chapter re lating to (Ed--50th)
SB 415 Wild Hogs--restrictions on hunting (SUBSTITUTE) (NREQ--7th) SB 419 Oil and Gas and Deep Drilling Act--powers of Director of Environ
mental Protection Division (NREQ--20th)
SB 420 Game and Fish Code--change provisions on Environmental Protec tion Division Director (AMENDMENT) (NREQ--20th)
SR 285 Mortgage Banking Industry Study Committee--create (B&F--28th)
SR 294 Cardiopulmonary Resuscitation (CPR)--encourage all schools to teach (Ed--28th)
SR 300 Public Library for School Systems--authorize general obligation debt (Ed--49th)
SR 301 Meriwether County--conveyance of certain real property (Pub U--29th)
SR 302 Deer Hunting--relative to (NREQ--16th) HR 91 Retail Sales and Use Tax for Education--levy one percent (SUB
STITUTE) (B&F--23rd)

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

SB 394. By Senators Foster of the 50th, Dawkins of the 45th, Deal of the 49th and others:
A bill to repeal in its entirety Chapter 7 of Title 20 of the Official Code of Georgia Annotated, relating to the Legislative Educational Research Council.

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant BCoubrtbon
Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Greene Hill Hme Holloway HHoorwtoanrd
Huggins Kennedy Kidd Lester McGill McKenzie

Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd ,, *St'uamrrb, augh,
i*te Thompson Trulock Turner Tysinger Walker

Those voting in the negative were Senators Hudgins and Timmons.

Those not voting were Senators:

Bond Brantley Fincher

Gillis Harris

Harrison Land

On the passage of the bill, the yeas were 47, nays 2.

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

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

SB 415. By Senator Perry of the 7th:
A bill to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunt ing wildlife, so as to provide restrictions on the hunting of feral hogs.

The Senate Committee on Natural Resources and Environmental Quality offered the following substitute to SB 415:

A BILL
To be entitled an Act to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general pro visions relative to hunting wildlife, so as to provide restrictions on the hunt-

TUESDAY, JANUARY 24, 1984

373

ing of feral hogs; to prohibit certain activities in the hunting of feral hogs; to prohibit hunting feral hogs on the land of another without permission; to prohibit hunting feral hogs on baited fields or from a vehicle; to prohibit hunting feral hogs with certain lights; to require hunters to wear certain clothing at certain times; to authorize the Board of Natural Resources by rules or regulations to regulate or control the hunting or taking of feral hogs on wildlife management areas; 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. Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunt ing wildlife, is amended by adding at the end thereof a new Code Section 27-3-24 to read as follows:
"27-3-24. (a) It shall be unlawful to hunt, or engage in the hunting of, feral hogs:
(1) Upon the lands of another or enter upon the lands of another in pursuit of feral hogs without first obtaining permission from the land owner or lessee of such land or the lessee of the game rights of such land;
(2) Upon any land which is posted without having the permission required by paragraph (1) of this Code section in writing and carried upon the person;
(3) Upon, over, around, or near any land or place upon which any corn, wheat, or other grains, salts, apples, or other feeds or bait which would constitute a lure, attraction, or enticement for any feral hog has been placed, exposed, deposited, distributed, or scattered or upon, over, around, or near any such place for a period of ten days following the complete removal of all such feed or bait; provided, however, this para graph shall not prohibit the use of bait described in this paragraph for the purpose of trapping feral hogs;
(4) From within a vehicle or while riding on a vehicle at night and with the use of a light;
(5) At night with a light, except that a light which does not exceed six volts or a fuel-type lantern may be carried on the person of a hunter and used for locating feral hogs; or
(6) During the firearms deer season unless the hunter and each per son accompanying the hunter is wearing a total of at least 500 square inches of daylight fluorescent orange material as an outer garment and such material or garment is worn above the waistline, and may include a head covering.
(b) The Board of Natural Resources is authorized by rules or regu lations to control and regulate the hunting or taking of feral hogs on wildlife management areas."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

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

Engram Fincher Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kidd Land Lester McGill

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

Those not voting were Senators:

Bond Coverdell

Foster Howard

Kennedy (presiding) Timmons

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

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

SB 419. By Senators Gillis of the 20th, English of the 21st and Kennedy of the 4th:
A bill to amend Part 2 of Article 2 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, known as the "Oil and Gas and Deep Drilling Act of 1975," so as to provide for definitions.

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

TUESDAY, JANUARY 24, 1984

375

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

Those voting in the affirmative were Senators:

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

Fincher Foster
Garner Gillis
Greene Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kidd Land tester

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

Those not voting were Senators:

Barker Bond
Coverdell

Howard Kennedy (presiding)

McGill Tysinger

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

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

SB 420. By Senators Gillis of the 20th, English of the 21st and Kennedy of the 4th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, and to amend Title 27 of the Official Code of Georgia Annotated, known as the "Game and Fish Code," so as to change the provisions relating to the Environmental Protection Division of the Department of Natural Resources and the director of the division.

The Senate Committee on Natural Resources and Environmental Quality offered the following amendment:

Amend SB 420 by striking from line 14 of Page 6 the word "may" and inserting in lieu thereof the word "shall".

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JOURNAL OF THE SENATE

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

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

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

Those voting in the affirmative were Senators:

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

Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kidd Land Lester McGill

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

Those not voting were Senators:

Bond Coverdell

Dean Howard

Kennedy (presiding)

On the passage of the bill, the yeas were 51, nays 0.

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

SR 285. By Senators Cobb of the 28th and Lester of the 23rd: A resolution to create the Mortgage Banking Industry Study Committee.

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

TUESDAY, JANUARY 24, 1984

377

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

Those voting in the affirmative were Senators:

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

Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kidd Land Lester McGill

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

Those not voting were Senators:

Barker Bond

Coverdell Howard

Kennedy (presiding) Trulock

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

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

The following 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 594. By Representative Lambert of the 66th:
A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding landlord and tenant, so as to provide for the preemption by the state of the power to

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JOURNAL OF THE SENATE

control the amount of rent to be charged for single-family or multiple-unit residential property.
The following bill of the House was read the first time and referred to committee:

HB 594. By Representative Lambert of the 66th:
A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding landlord and tenant, so as to provide for the preemption by the state of the power to control the amount of rent to be charged for single-family or multiple-unit residential property.
Referred to Committee on Judiciary and Constitutional Law.
The following general resolutions of the Senate, favorably reported by the commit tees, were read the third time and put upon their adoption:

SR 294. By Senators Cobb of the 28th, Foster of the SOth, Deal of the 49th and S3 others: A resolution encouraging all school districts to incorporate the teaching of cardiopulmonary resuscitation (CPR) as a part of their curriculum.
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
Brannon Brantley Broun of 46th
Brown of 47th Bryant
Burton Cobb
Coggin Coleman
Dawkins Deal
Dean English

Engram Fincher Foster
Garner Gillis Greene
Harris Harrison
Hill Hine Holloway
Horton Huggins
Kidd Land
Lester McGill

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

TUESDAY, JANUARY 24, 1984

379

Those not voting were Senators:

Bond Coverdell

Howard Hudgins

Kennedy (presiding) Thompson

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

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

SR 300. By Senators Deal of the 49th, Dean of the 31st and Foster of the 50th:

A RESOLUTION
Proposing an amendment to the Constitution to authorize general obli gation debt to be incurred to provide public library facilities for county and independent school systems or for counties, municipalities, or boards of trustees of public libraries or public library systems; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitution is amended by striking subparagraph (d) of said Paragraph I, which reads as follows:
"(d) General obligation debt to provide educational facilities for county and independent school systems and, when the construction of such educational facilities has been completed, the title to such educa tional facilities shall be vested in the respective local boards of education for which such facilities were constructed.",
in its entirety and substituting in lieu thereof a new subparagraph (d) to read as follows:
"(d) General obligation debt to provide educational facilities for county and independent school systems and to provide public library fa cilities for county and independent school systems, counties, municipali ties, and boards of trustees of public libraries or boards of trustees of public library systems, and, when the construction of such educational or library facilities has been completed, the title to such facilities shall be vested in the respective local boards of education, counties, municipali ties, or public library boards of trustees for which such facilities were constructed."
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.

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The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended to authorize general obligation debt to be incurred to provide public library facilities for county and independent school systems or
for counties, municipalities, or boards of trustees of pub lic libraries or public library systems?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes 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 McGill

McKenzie Peevy Perry Phillips Reddish 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

Kennedy (presiding)

On the adoption of the resolution, the yeas were 53, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

TUESDAY, JANUARY 24, 1984

381

Senator Allgood of the 22nd introduced the doctor of the day, Dr. William Talbert Williams, of Smyrna, Georgia.

The following general resolutions of the Senate, favorably reported by the commit tees, were read the third time and put upon their adoption:

SR 301. By Senator Hill of the 29th: A resolution authorizing the conveyance of certain real property located in Meriwether County, Georgia; to provide an effective date.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood 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
Horton Howard
Hudgins Huggins Kidd
Land
Lester

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

Those not voting were Senators:

Bond Brannon

Holloway Kennedy (presiding)

Stumbaugh

On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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SR 302. By Senators Land of the 16th, Gillis of the 20th and Walker of the 19th:

A resolution relative to deer hunting in Georgia.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes 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 Kidd Land Lester

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

Those not voting were Senators Bond and Kennedy (presiding).

On the adoption of the resolution, the yeas were 54, nays 0.

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

TUESDAY, JANUARY 24, 1984

383

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 1229. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th and others:
A bill to amend Code Section 50-17-63 of the Official Code of Georgia An notated, relating to the deposit of demand funds, investment of funds, re ports, remittance of interest earned, and motor fuel tax revenues, so as to provide that interest earned on the investment of motor fuel tax revenues shall not be defined as motor fuel tax revenues.
The President resumed the Chair.
The following general resolution of the House, favorably reported by the commit tee, was read the third time and put upon its adoption:
HR 91. By Representatives Collins of the 144th, Phillips of the 120th, Crosby of the 150th and others:
Senate Sponsor: Senator Lester of the 23rd.
A RESOLUTION
Proposing an amendment to the Constitution so as to levy a special 1 percent retail sales and use tax for educational purposes; to provide for distribution of the proceeds of such tax; to provide for administrative costs of this tax; to provide for a reduction in the annual school tax millage on certain classes of property; to provide for all other matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section VI of the Constitution is amended by adding three new paragraphs at the end thereof, to be designated Paragraph IV, Paragraph V, and Paragraph VI, respectively, to read as follows:
"Paragraph IV. Special state sales and use tax for education, (a) There is levied beginning January 1, 1985, a special retail sales and use tax for educational purposes at the rate of 1 percent. The tax imposed by this Paragraph shall correspond, so far as practicable, except as to rate, with the retail sales and use tax levied by Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated or its successor law, as now or hereafter amended. The General Assembly may provide by law a bracketing system for the collection of the tax levied by this Paragraph. Items and transactions which are not subject to said retail sales and use tax shall not be subject to the 1 percent retail sales and use tax levied by this Paragraph.
(b) (1) Notwithstanding the provisions of Article III, Section IX, Para graph VI, an amount equal to all money received by the State in each state fiscal year from the tax levied by this Paragraph, less the amount of refunds, rebates, collection costs, and administrative costs authorized by

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this Paragraph or by law, is appropriated to the State Department of Education, or its successor agency, to be used solely in the manner and for the purposes as hereinafter set out.
(2) Beginning on July 1, 1985, and annually thereafter, funds col lected and appropriated pursuant to this Paragraph during the preceding fiscal year together with all interest earned thereon shall be allocated to each public school system in this state in the same ratio as the ratio of the average total daily attendance of students, grades K through 12, in the school district bears to the average total daily attendance of students, grades K through 12, in the state as a whole, except that, in those in stances where pupils residing in one district attend schools located within the limits of another district, the portion of the allocation representing such pupils which otherwise would have been received by the district within the limits of which the pupils are in attendance shall be allotted to the district in which the pupils reside.
(3) The money appropriated by this Paragraph shall be used for educational purposes and shall be available for the purposes of this Para graph regardless of whether the General Assembly enacts a general ap propriations Act or not, but the General Assembly may appropriate funds for the purposes of this Paragraph in excess of the amount of money appropriated by this Paragraph. The expenditure of the money appropriated by this Paragraph shall be subject to all the rules, regula tions, and restrictions imposed on the expenditure of appropriations by provisions of the Constitution and laws of this state, unless such provi sions are in conflict with the provisions of this Paragraph, except that the money appropriated by this Paragraph shall not be subject to budgetary reduction.
(c) One percent of all money derived from the retail sales and use tax levied in this Paragraph shall be paid into the general fund of the state to defray the costs of the administration of the tax levied by this Paragraph.
(d) The General Assembly may provide by law for the retention by the Fiscal Division of the Department of Administrative Services or other fiscal agent of the state of funds which otherwise would be distributed to a school district pursuant to this Paragraph when the funds are deemed to be surplus and in. excess of the legitimate expenses of the school dis trict for educational purposes in that fiscal year including capital outlay bond indebtedness. The identification and use of such funds shall be de termined as provided by law.
Paragraph V. Reduction of millage: benefit of sales tax to be shown on tax bill, (a) Beginning with the school tax levy for 1985, the annual school tax mill rate for each school district on property owned by taxpay ers other than taxpayers required to return their property for ad valorem taxation to the state revenue commissioner or his successor shall be ad justed as provided in this Paragraph.
(b) The mill rate not to exceed the lawful mill rate limitation in effect in the school district necessary to produce revenue from taxation of tangible property in the school district which, when combined with other

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revenues reasonably expected to be received by the school district during the year other than revenues derived from the tax imposed pursuant to Paragraph IV of this section, would provide revenues sufficient to defray the expenses of the school district for the year shall be computed.
(c) The mill rate ascertained as provided in subparagraph (b) of this Paragraph shall then be reduced by a mill rate which, if levied against the tangible property within the school district owned by taxpayers other than taxpayers required to return their property for ad valorem taxation to the state revenue commissioner or his successor, would produce an amount equal to the proceeds of the tax levied under Paragraph IV of this section which were received by the school district during the preced ing fiscal year. The mill rate produced by such reduction shall then be certified to the authority levying the tax as the annual school tax levy for the school district for property owned by taxpayers other than taxpayers required to return their property for ad valorem taxation to the state revenue commissioner or his successor, except that the mill rate so certi fied to the authority levying the tax shall not exceed a mill rate which is the difference between the lawful mill rate limitation in effect in the school district and the mill rate representing the proceeds of the sales tax for educational purposes received by the school district during the previ ous year.
(d) The mill rate ascertained as provided in subparagraph (b) of this Paragraph, without the reduction provided in subparagraph (c) of this Paragraph, shall be certified to the authority levying the tax as the an nual school tax levy for the school district for property owned by taxpay ers required to return their property for ad valorem taxation to the state revenue commissioner or his successor.
(e) Each bill for ad valorem school taxes on property owned by tax payers other than taxpayers required to return their property for ad valorem taxation to the state revenue commissioner or his successor shall show as a credit against school taxes, which otherwise would have been levied in the district on such property to enable the district to raise the total of its revenues from the school tax and the sales tax for educational purposes, the amount of benefit to the taxpayer as a result of the sales tax levied by Paragraph IV of this section.
Paragraph VI. Procedures. The General Assembly may from time to time provide by general law for procedures for collection, holding, and depositing at interest or for other matters of an administrative nature with respect to funds derived from the tax provided for in Paragraph IV of this section prior to the time provided for the distribution thereof ex cept that no such provisions shall alter the use or method of allocation of such funds and the interest received thereon."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide for

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[ ] NO

the levy of a special 1 percent retail sales and use tax for an ad valorem tax credit at the local level for educational purposes without increasing or decreasing the lawful mill rate limitation in effect in the school district?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The Senate Committee on Banking and Finance offered the following substitute to HR 91:

A RESOLUTION
Proposing an amendment to the Constitution so as to levy a special 1 percent retail sales and use tax for educational and transportation pur poses; to provide for distribution of the proceeds of such tax; to provide for administrative costs of this tax; to provide that no sales and use tax shall apply to sales of prescription drugs or prescription eyeglasses and contact lenses; to provide for a reduction in the annual school tax millage on certain classes of property; to provide for all other matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section VI of the Constitution is amended by adding three new Paragraphs at the end thereof, to be designated Paragraph IV, Paragraph V, and Paragraph VI, respectively, to read as follows:
"Paragraph IV. Special state sales and use tax for education and transportation, (a) There is levied beginning January 1, 1985, a special retail sales and use tax for educational and other purposes at the rate of 1 percent. The tax imposed by this Paragraph shall correspond, so far as practicable, except as to rate, with the retail sales and use tax levied by Article 1 of Chapter 8 of Title 48 of the Official code of Georgia Anno tated or its successor law, as now or hereafter amended. The General Assembly may provide by law a bracketing system for the collection of the tax levied by this Paragraph. Items and transactions which are not subject to said retail sales and use tax shall not be subject to the 1 per cent retail sales and use tax levied by this Paragraph, except that sales of motor fuel shall be subject to said tax levied by this Paragraph.
(b) (1) Notwithstanding the provisions of Article III, Section IX, Paragraph VI, an amount equal to all money received by the state in each state fiscal year from the tax levied by this Paragraph, less the amount of tax levied by this Paragraph on the sale of motor fuels and less the amount of refunds, rebates, collection costs, and administrative costs authorized by this Paragraph or by law, is appropriated to the State

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387

Department of Education, or its successor agency, to be used solely in the manner and for the purposes as hereinafter set out.
(2) (A) Beginning on July 1, 1985, and annually thereafter, 50 per cent of the proceeds of the funds collected and appropriated to the State Department of Education pursuant to this Paragraph during the preced ing fiscal year together with all interest earned thereon shall be allocated to each public school system in this state for educational improvement in such manner as shall be prescribed by the General Assembly.
(B) Beginning on July 1, 1985, and annually thereafter, 50 percent of the proceeds of the funds collected and appropriated to the State De partment of Education pursuant to this Paragraph during the preceding fiscal year together with all interest earned thereon shall be allocated to each public school system in this state in the same ratio as the ratio of the average total daily attendance of public and private school students, grades K through 12, in the school district bears to the average total daily attendance of public and private school students, grades K through 12, in the state as a whole, except that, in those instances where pupils residing in one district attend schools located within the limits of another district, the portion of the allocation representing such pupils which oth erwise would have been received by the district within the limits of which the pupils are in attendance shall be allotted to the district in which the pupils reside.
(3) The money so appropriated to the State Department of Educa tion shall be used for educational purposes and shall be available for the purposes of this Paragraph regardless of whether the General Assembly enacts a general appropriations Act or not, but the General Assembly may appropriate funds for such educational purposes in excess of the amount of money appropriated by this Paragraph. The expenditure of the money so appropriated shall be subject to all the rules, regulations, and restrictions imposed on the expenditure of appropriations by provisions of the Constitution and laws of this state, unless such provisions are in con flict with the provisions of this Paragraph, except that the money so ap propriated shall not be subject to budgetary reduction.
(c) One percent of all money derived from the retail sales and use tax levied in this Paragraph shall be paid into the general fund of the state to defray the cost of the administration of the tax levied by this Paragraph.
(d) Notwithstanding the provisions of Article III, Section IX, Para graph VI, an amount equal to all money received by the state in each state fiscal year from the tax levied by this Paragraph on the sale of motor fuels, less the amount of refunds, rebates, collection costs, and ad ministrative costs authorized by this Paragraph or by law, is appropri ated to the Department of Transportation to be used solely for the local assistance road program; and such appropriation shall be in addition to and not in place of any funds otherwise available for the local assistance road program. The money appropriated by this subparagraph (d) shall be available for the local assistance road program regardless of whether the General Assembly enacts a general appropriations Act or not, but the General Assembly may appropriate funds for said purpose in excess of

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the amount of money appropriated by this subparagraph (d). The expen diture of the money appropriated by this subparagraph (d) shall be sub ject to all the rules, regulations, and restrictions imposed on the expendi ture of appropriations by provisions of the Constitution and laws of this state, unless such provisions are in conflict with the provisions of this subparagraph (d), except that the money appropriated by this subpara graph (d) shall not be subject to budgetary reduction.
(e) Neither the tax levied by this Paragraph nor any other state or local sales and use tax shall apply to the sale of drugs which may be lawfully dispensed only by prescription or to prescription eyeglasses and contact lenses.
Paragraph V. Reduction of millage; benefit of sales tax to be shown on tax bill; use of proceeds, (a) Beginning with the school tax levy for 1985, the annual mill rate on property in each school district shall be adjusted as provided in this Paragraph.
(b) The mill rate not to exceed the lawful mill rate limitation in effect in the school district necessary to produce revenue from taxation of tangible property in the school district which, when combined with other revenues reasonably expected to be received by the school district during the year other than revenues derived from the tax imposed pursuant to Paragraph IV of this section, would provide revenues sufficient to defray the expenses of the school district for the year shall be computed.
(c) (1) The mill rate ascertained as provided in subparagraph (b) of this Paragraph shall then be reduced by a mill rate which, if levied against the tangible property within the school district, would produce an amount equal to 50 percent of the proceeds of the tax appropriated to the State Department of Education under subparagraph (b)(2)(B) of Para graph IV of this section which were received by the school district during the preceding fiscal year. The mill rate produced by such reduction shall then be certified to the authority levying the tax as the annual school tax levy for the school district, except that the mill rate so certified to the authority levying the tax shall not exceed the greater of 15 mills or a mill rate which is the difference between the lawful mill rate limitation in effect in the school district and the mill rate representing an amount equal to 50 percent of the proceeds of the sales tax for educational pur poses received by the school district during the previous year.
(2) Notwithstanding the provisions of this subparagraph (c), no school district shall levy less than five mills each year to support the maintenance and operation of the local school system; provided, however, those independent school systems which assess at a rate greater than 40 percent shall adjust their millage rate so that when so adjusted the mil lage rate would be equivalent to a rate equal to five or more mills based upon the tax digest for such school system adjusted to 40 percent.
(3) The provisions of subparagraph (b)(2) shall not apply to those school districts which levy a 1 percent retail sales and use tax solely for educational purposes.
(d) No credit granted as hereafter provided in this Paragraph shall exceed the lesser of: (1) $1,000.00 per taxpayer per school district, or (2)

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389

the taxpayer's total tax liability for ad valorem property taxes levied and expended for school purposes within the school district. The amount by which any credit under this Paragraph would have exceeded $1,000.00 if it were not limited to $1,000.00 and any other excess credit resulting from the minimum levy shall be remitted by the local tax officials to the state in the same manner as state ad valorem taxes are remitted and shall be paid into the general fund of the state treasury. The state reve nue commissioner shall provide by regulation for the forms and proce dures by which taxpayers shall claim and certify the credit, and the fiscal authorities of the various school systems shall make available to the ap propriate taxing officials funds sufficient to defray the actual administra tive costs of this Paragraph. Any person who, with intent to receive credit not authorized by this Paragraph, shall claim a credit to which he is not lawfully entitled or shall falsely certify the credit claimed shall, upon conviction, be punished as for a misdemeanor. Any credit erroneously or illegally granted, whether due to negligence or any other cause, shall be recoverable by the fiscal authority granting such credit in the same fash ion as any other delinquent property tax.

(e) No credit authorized under this Paragraph shall be granted to any taxpayer unless such taxpayer pays his then current tax liability for ad valorem property taxes levied and expended for school purposes within the school district on or before the date such liability shall become due.

(f) There shall be granted as a credit against school taxes and each bill for ad valorem school taxes on property shall show as a credit against school taxes, which otherwise would have been levied in the school dis trict on such property to enable the district to raise the total of its reve nues from the property tax, the amount of benefit to the taxpayer as a result of the sale tax levied by Paragraph IV of this section.

Paragraph VI. Procedures. The General Assembly may from time to time provide by general law for procedures for collection, holding, and depositing at interest or for other matters of an administrative nature with respect to funds derived from the tax provided for in Paragraph IV of this section prior to the time provided for the distribution thereof ex cept that no such provisions shall alter the use or method of allocation of such funds and the interest received thereon."

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: (1) Provide for the levy of a special 1 percent retail sales and use tax for educational and other purposes; (2) Provide that 50 percent of the proceeds of the funds shall be allocated to each public school system in this state for educational improvement in such manner as shall be prescribed by the General Assembly; (3) Provide for a reduction in the millage rate of the ad valorem tax levied for school pur-

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poses in the year following the imposition of the tax in an amount equal to 50 percent of the proceeds of the tax received by the school district during the previous year; provided, however, that no individual taxpayer shall re ceive a credit against such tax in excess of $ 1,000.00 per school district or his full school tax liability; (4) Provide that the sales and use taxes collected on the sale of motor fuels by the special 1 percent sales and use tax shall be appropriated to the Department of Transportation to be used solely for the local assistance road program; (5) Provide that no sales and use tax shall apply to the sales of prescription drugs or prescription eyeglasses and con tact lenses; (6) Provide that no school district shall levy less than five mills each year to support the maintenance and operation of the local school system?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Senator Tate of the 38th offered the following substitute to HR 91:

A RESOLUTION
Proposing an amendment to the Constitution so as to levy a special 1 percent retail sales and use tax for educational purposes; to provide for distribution of the proceeds of such tax; to provide for administrative costs of this tax; to provide that no sales and use tax shall apply to sales of pre scription drugs or prescription eyeglasses and contact lenses; to provide that a certain percentage of total appropriations shall be for educational purposes below the college level; to provide for a minimum tax millage levy for local school districts; to provide for all other matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section VI of the Constitution is amended by adding three new Paragraphs at the end thereof, to be designated Paragraph IV, Paragraph V, and Paragraph VI, respectively, to read as follows:
"Paragraph IV. Special state sales and use tax for educational pur poses, (a) There is levied beginning January 1, 1985, a special retail sales and use tax for educational purposes at the rate of 1 percent. The tax imposed by this Paragraph shall correspond, so far as practicable, except as to rate, with the retail sales and use tax levied by Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated or its successor law, as now or hereafter amended. The General Assembly may provide by law a bracketing system for the collection of the tax levied by this Paragraph. Items and transactions which are not subject to said retail

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391

sales and use tax shall not be subject to the 1 percent retail sales and use tax levied by this Paragraph.
(b) (1) Notwithstanding the provisions of Article III, Section IX, Paragraph VI, an amount equal to all money received by the state in each state fiscal year from the tax levied by this Paragraph, less the amount of collection and administrative costs authorized by this Para graph or by law, is appropriated to the State Department of Education, or its successor agency, to be used solely in the manner and for the pur poses as hereinafter set out.
(2) Beginning on July 1, 1985, and annually thereafter, the proceeds of the funds collected and appropriated to the State Department of Edu cation pursuant to this Paragraph during the preceding fiscal year to gether with all interest earned thereon shall be allocated to each public school system in this state for educational improvement in such manner as shall be prescribed by the General Assembly.
(3) The money so appropriated to the State Department of Educa tion shall be used for educational purposes and shall be available for the purposes of this Paragraph regardless of whether the General Assembly enacts a general appropriations Act or not.
(c) One percent of all money derived from the retail sales and use tax levied in this Paragraph shall be paid into the general fund of the state to defray the costs of the administration of the tax levied by this Paragraph.
(d) Neither the tax levied by this Paragraph nor any other state or local sales and use tax shall apply to the sale of drugs which may be lawfully dispensed only by prescription or to prescription eyeglasses and contact lenses.
Paragraph V. Percentage of total appropriation for educational pur poses; minimum millage levy for school systems, (a) For the fiscal year beginning July 1, 1985, and for each fiscal year thereafter, a minimum of 40 percent of the total annual appropriations made by the General As sembly shall be appropriated to the State Department of Education or its successor agency to be used for educational purposes below the college level. The expenditure of money so appropriated shall be subject to all the rules, regulations, and restrictions imposed on the expenditure of ap propriations by the provisions of the Constitution and laws of this state, except that the funds appropriated by Paragraph IV of this section and the percentage of total appropriations required to be made under this Paragraph shall not be subject to budgetary reduction.
(b) For the fiscal year beginning July 1, 1985, and for each fiscal year thereafter, each school district of this state shall levy an ad valorem tax of at least ten mills to support the maintenance and operation of its respective school system, except that those independent school districts which assess taxable property at a rate greater than 40 percent may ad just their respective millage rates so that when so adjusted the millage rate would be equivalent to a rate equal to ten mills based on the tax digest for such independent school system adjusted to 40 percent. The provisions of this subparagraph shall not apply to those school districts

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which levy a 1 percent retail sales and use tax solely for educational purposes.

Paragraph VI. Procedures. The General Assembly may from time to time provide by general law for procedures for collection, holding, and depositing at interest or for other matters of an administrative nature with respect to funds derived from the tax provided for in Paragraph IV of this section prior to the time provided for the distribution thereof ex cept that no such provisions shall alter the use or method of allocation of
such funds and the interest received thereon."

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 t ] NO

Shall the Constitution be amended so as to: (1) Provide for the levy of a special 1 percent retail sales and use tax
for educational purposes; (2) Provide that the proceeds of said tax shall be allocated to each public school system in this state for educational improvement in such manner as
shall be prescribed by the General Assembly; (3) Provide that no sales and use tax shall apply to the sales of pre scription drugs or prescription eyeglasses and contact
lenses; (4) Provide that 40 percent of the total annual appropriations made by the General Assembly shall be
for educational purposes below the college level; and (5) Provide that no school district shall levy less than ten
mills each year to support the maintenance and operation of the local school system?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

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 Greene of the 26th and Lester of the 23rd offered the following amendment:

Amend the substitute to HR 91 offered by the Senate Committee on Banking and Finance by striking the words "except that" on line 4 of Page 6 in their entirety and substituting in lieu thereof the following language:

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393

"and except for those school districts which do not have a millage rate limitation on taxation for educational purposes,".

On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.

Senators Deal of the 49th and Lester of the 23rd offered the following amendment:

Amend the substitute to HR 91 offered by the Senate Committee on Banking and Finance by deleting the words "subparagraph (b) (2)" on line 24, Page 6, and substituting in lieu thereof the words:
"subparagraph (c) (2) of Paragraph V".

On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.

Senators Starr of the 44th, Dawkins of the 45th, Lester of the 23rd, Deal of the 49th, Foster of the 50th and Scott of the 43rd offered the following amendment:

Amend the substitute to HR 91 offered by the Senate Committee on Banking and Finance as follows:
By striking the word "five" on line 15 of Page 6 and substituting in lieu thereof the word "seven".
By striking the word "five" on line 21 of Page 6 and substituting in lieu thereof the word "seven".
By striking the word "five" on line 25 of Page 9 and substituting in lieu thereof the word "seven".

On the adoption of the amendment, the yeas were 42, nays 7, and the amendment was adopted.

Senator Lester of the 23rd offered the following amendment:

Amend the substitute to HR 91 offered by the Senate Committee on Banking and Finance as follows:

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By striking the words and figure "50 percent of on line 28 of Page 5 in their entirety.
By striking the words and figure "50 percent of on line 10 of Page 6 in their entirety.
By adding before the period on line 12 of Page 6 the following:
"pursuant to subparagraph (b)(2)(B) of Paragraph IV of this section".

On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.

On the adoption of the substitute to HR 91 offered by the Senate Committee on Banking and Finance, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Dawkins Deal English Fincher Foster Garner

Gillis Greene Harris Hill Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Timmons Turner Walker

Those voting in the negative were Senators:

Allgood Barker Barnes Brantley Burton Coggin

Coverdell Dean Engram Harrison Horton Phillips

Scott of 36th Tate Thompson Trulock Tysinger

Not voting was Senator Bond.

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395

On the adoption of the substitute, the yeas were 38, nays 17, and the committee substitute was adopted as amended.

Senator Barnes of the 33rd moved that the Senate reconsider its action in adopting the substitute to HR 91 offered by the Senate Committee on Banking and Finance as amended.

On the motion, the yeas were 14, nays 33; the motion was lost, and the committee substitute as amended was not reconsidered.

The President ruled that since the substitute to HR 91 offered by the Senate Com mittee on Banking and Finance was adopted as amended, the substitute offered by Senator Tate of the 38th became moot.

The report of the committee, which was favorable to the adoption of the resolution by substitute, 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:

Bowen Brannon Broun of 46th Brown of 47th Cobb Coleman Dawkins Deal English Fincher Foster Garner Gillis

Greene Harris Hill Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land Lester McGill

McKenzie Peevy Perry Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Timmons Turner Walker

Those voting in the negative were Senators:

Allgood Barker Barnes Brantley Bryant Burton

Coggin Coverdell Dean Engram Harrison Horton

Phillips Scott of 36th Thompson Trulock Tysinger

Not voting was Senator Bond.

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On the adoption of the resolution, the yeas were 38, nays 17.

The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.

Senator Kennedy of the 4th moved that HR 91 be immediately transmitted to the House.

On the motion, the yeas were 45, nays 0; the motion prevailed, and HR 91 was immediately transmitted to the House.

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

HB 1229. By Representatives Murphy of the 18th, Burruss of the 20th, Mcdonald of the 12th and others:
A bill to amend Code Section 50-17-63 of the Official Code of Georgia An notated, relating to the deposit of demand funds, investment of funds, re ports, remittance of interest earned and motor fuel tax revenues, so as to provide that interest earned on the investment of motor fuel tax revenues shall not be defined as motor fuel tax revenues.
Referred to Committee on Banking and Finance.

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 2:25 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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397

Senate Chamber, Atlanta, Georgia Wednesday, January 25, 1984 Seventeenth Legislative Day

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

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

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

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

Mr. President:

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

HB 995. By Representatives Childers of the 15th and Phillips of the 125th:
A bill to amend Code Section 43-29-22 of the Official Code of Georgia An notated, relating to termination of the State Board of Dispensing Opticians, so as to provide for the continuation of that board but to provide for the later termination of that board and the laws relating thereto.

HB 994. By Representatives Childers of the 15th and Phillips of the 125th:
A bill to amend Code Section 43-18-8 of the Official Code of Georgia Anno tated, relating to termination of the State Board of Funeral Service, so as to provide for the continuation of that board but to provide for the later termi nation of that board and the laws relating thereto.

HB 1109. By Representatives Childers of the 15th and Hooks of the 116th:
A bill to amend Code Section 43-20-21 of the Official Code of Georgia An notated, relating to termination of the State Board of Hearing Aid Dealers and Dispensers, so as to provide for the continuation of that board but pro vide for the later termination of that board and the laws relating thereto.

HB 1147. By Representatives Benn of the 38th and Felton of the 22nd:
A bill to provide for the number of members and for the election of mem bers of the Board of Education of Fulton County.

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HB 1222. By Representative Lambert of the 66th:
A bill to amend an Act creating the Town of North High Shoals, so as to provide for the election of the mayor and council for the Town of North High Shoals.

HB 1224. By Representatives Jackson of the 83rd and Evans of the 84th:
A bill to authorize and empower the governing authority of Columbia County, Georgia, to provide penalties for violation or ordinances adopted by said governing authority pursuant to the Constitution of this state.

HB 1238. By Representatives Dover and Irvin of the llth:
A bill to provide for authority; to continue in force and effect as a part of the Constitution of the State of Georgia ratified in 1982 that constitutional amendment which was proposed by Resolution Act No. 140 enacted at the 1982 Session of the General Assembly and which was duly ratified at the 1982 general election and which relates to a 1 percent sales and use tax for educational purposes in Habersham County.

HB 1245. By Representatives Crawford of the 5th and Oliver and Hays of the 1st:
A bill to provide for election of members to the Dade County board of edu cation; and to provide for five education districts.

HB 1246. By Representatives Crawford of the 5th and Hays and Oliver of the 1st: A bill to create a board of commissioners of Dade County.

HB 1248. 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 composition of districts from which members are elected.

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

SB 382. By Senator Kidd of the 25th:
A bill to amend an Act providing for the appointment of the initial chief magistrate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates so as to change the provisions relating to the selection of subsequent chief magistrates.

WEDNESDAY, JANUARY 25, 1984

399

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

HR 443. By Representative Richardson of the 52nd:
A resolution creating the Medical Radiation Health and Safety Study Committee.

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

SB 462. By Senator Lester of the 23rd:
A bill to amend Code Section 34-8-158 of the Official Code of Georgia An notated, relating to grounds for disqualification for benefits, so as to provide that an individual shall be disqualified for benefits for any week with respect to which he is receiving or has received remuneration in the form of separa tion pay or severance pay.
Referred to Committee on Industry and Labor.

SB 463. By Senator Garner of the 30th:
A bill to amend Code Section 9-3-90 of the Official Code of Georgia Anno tated, relating to limitations of actions accruing to minors, persons who are legally incompetent, and persons imprisoned, so as to change the provisions relating to persons imprisoned.
Referred to Committee on Offender Rehabilitation.

SB 464. By Senator Garner of the 30th:
A bill to amend Code Section 42-5-85 of the Official Code of Georgia Anno tated, relating to the authority to grant leave privileges to an inmate serving a murder sentence, so as to remove the limitation upon the authority to grant limited leave privileges to such persons.
Referred to Committee on Offender Rehabilitation.

SB 465. By Senator Hine of the 52nd:
A bill to amend Code Section 43-42-2 of the Official Code of Georgia Anno tated, relating to the creation of the Georgia Board of Registered Profes sional Sanitarians, so as to change the composition of the board.
Referred to Committee on Governmental Operations.

SB 466. By Senator Hine of the 52nd:
A bill to amend Code Section 15-6-77 of the Official Code of Georgia Anno tated, relating to fees of clerks of the superior courts, so as to provide that certain additional funds charged and collected in each civil action, case, or proceeding shall be remitted to special account of the county treasury and

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shall be used for the sole purpose of paying county supplements to the sala ries of judges of the superior courts, district attorneys, assistant district at torneys, and clerks of court.
Referred to Committee on Judiciary.

SB 467. By Senator Trulock of the 10th:
A bill to amend Article 9 of Title 11 of the Official Code of Georgia Anno tated, relating to secured transactions, sales of accounts, and chattel paper, so as to change the provisions relating to security interest in proceeds and secured party's rights on disposition of collateral.
Referred to Committee on Banking and Finance.

SB 468. By Senator Barnes of the 33rd:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Anno tated, relating to the length of vehicles and loads, so as to provide for annual permits for certain loads exceeding 60 feet in length.
Referred to Committee on Natural Resources and Environmental Quality.

SB 469. By Senator Coverdell of the 40th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sales of alcoholic bev erages on Sunday, so as to change the provisions relating to the sale of alco holic beverages on Sunday in public stadiums, coliseums, and auditoriums, in certain counties and municipalities.
Referred to Committee on Consumer Affairs.

SB 470. By Senators Bryant of the 3rd and Reddish of the 6th:
A bill to amend an Act placing the clerk of the superior court and probate judge of Glynn County on an annual salary, as amended, so as to change the provisions relating to the compensation of the chief deputy clerk and deputy clerks.
Referred to Committee on Federal, State and Community Affairs.

SB 471. By Senators Greene of the 26th, Harris of the 27th and McKenzie of the 14th:
A bill to amend an Act providing for supplements to the salaries of the judges and district attorney of the superior courts of the Macon Judicial Circuit, so as to change the provisions relating to the supplement to be paid to each judge of the superior courts of said circuit; to provide for the contri butions to be paid by each county comprising said circuit; to provide an effective date.
Referred to Committee on Judiciary and Constitutional Law.

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401

SB 472. By Senator Howard of the 42nd:
A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to abolish complaints in equity.
Referred to Committee on Judiciary.

SB 473. By Senator Barker of the 18th:
A bill to amend Code Section 31-7-11 of the Official Code of Georgia Anno tated, relating to personal care homes, as enacted by an Act approved March 29, 1983, and redesignated as Code Section 31-7-12 by H.B. 1155 at the 1984 regular session, so as to change a definition.
Referred to Committee on Human Resources.

SB 474. By Senator Kidd of the 25th:
A bill to make provisions for the Magistrate Court of Jasper County; to provide for legislative intent.
Referred to Committee on Federal, State and Community Affairs.

SB 475. By Senator Kidd of the 25th:
A bill to make provisions for the Magistrate Court of Putnam County; to provide for legislative intent; to provide for the appointment of a chief mag istrate and one other magistrate; to provide for a clerk.
Referred to Committee on Federal, State and Community Affairs.

SB 476. By Senator Kidd of the 25th:
A bill to amend an Act incorporating the Town of Mclntyre, Georgia, as amended, so as to extend the corporate limits of the Town of Mclntyre.
Referred to Committee on Federal, State and Community Affairs.

SR 326. By Senators Cobb of the 28th, Timmons of the 11th, Harris of the 27th and others:
A resolution designating Tuesday, February 14, 1984, as "Law Enforcement Officer Day in the State of Georgia".
Referred to Committee on Public Safety.

SR 327. By Senator Coverdell of the 40th:
A resolution to ratify the proposed amendment to the United States Consti tution prohibiting the enactment of a law by the United States Congress to vary the compensation of Senators and Representatives until an election of Representatives shall have intervened.
Referred to Committee on Governmental Operations.

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SR 328. By Senators Scott of the 2nd, Brown of the 47th, Tysinger of the 41st and Hill of the 29th:
A resolution creating the Joint Public Utility Rate-making Process Study Committee.
Referred to Committee on Public Utilities.

SR 330. By Senators Hill of the 29th, Hudgins of the 15th and Bond of the 39th:
A resolution proposing an amendment to the Constitution so as to provide that pari-mutuel wagering on horse racing shall not be a lottery and shall be legal in any county of this state if approved in a county referendum.
Referred to Committee on Economic Development and Tourism.

SR 331. By Senator Hudgins of the 15th: A resolution relative to students with learning disabilities.
Referred to Committee on Children and Youth.

SR 332. By Senator Kidd of the 25th:
A resolution urging Congress to amend Title XX of the federal Social Se curity Act and urging the Secretary of Health and Human Services to pro mulgate regulations.
Referred to Committee on Governmental Operations.

SR 333. By Senator Kidd of the 25th:
A resolution urging Congress to amend Title XX of the federal Social Se curity Act and urging the Secretary of Health and Human Services to pro mulgate regulations.
Referred to Committee on Governmental Operations.

The following bills and resolution of the House were read the first time and re ferred to committee:

HB 994. By Representatives Childers of the 15th and Phillips of the 125th:
A bill to amend Code Section 43-18-8 of the Official Code of Georgia Anno tated, relating to termination of the State Board of Funeral Service, so as to provide for the continuation of that board but to provide for the later termi nation of that board and the laws relating thereto.
Referred to Committee on Governmental Operations.

HB 995. By Representatives Childers of the 15th and Phillips of the 125th:
A bill to amend Code Section 43-29-22 of the Official Code of Georgia An notated, relating to termination of the State Board of Dispensing Opticians,

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403

so as to provide for the continuation of that board but to provide for the later termination of that board and the laws relating thereto.
Referred to Committee on Governmental Operations.

HB 1109. By Representatives Childers of the 15th and Hooks of the 116th:
A bill to amend Code Section 43-20-21 of the Official Code of Georgia An notated, relating to termination of the State Board of Hearing Aid Dealers and Dispensers, so as to provide for the continuation of that board but pro vide for the later termination of that board and the laws relating thereto.
Referred to Committee on Governmental Operations.

HB 1147. By Representatives Benn of the 38th and Felton of the 22nd:
A bill to provide for the number of members and for the election of mem bers of the Board of Education of Fulton County.
Referred to Committee on Federal, State and Community Affairs.

HB 1222. By Representative Lambert of the 66th:
A bill to amend an Act creating the Town of North High Shoals, so as to provide for the election of the mayor and council for the Town of North High Shoals.
Referred to Committee on Federal, State and Community Affairs.

HB 1224. By Representatives Jackson of the 83rd and Evans of the 84th:
A bill to authorize and empower the governing authority of Columbia County, Georgia, to provide penalties for violation or ordinances adopted by said governing authority pursuant to the Constitution of this state.
Referred to Committee on Federal, State and Community Affairs.

HB 1238. By Representatives Dover and Irvin of the llth:
A bill to provide for authority; to continue in force and effect as a part of the Constitution of the State of Georgia ratified in 1982 that constitutional amendment which was proposed by Resolution Act No. 140 enacted at the 1982 Session of the General Assembly and which was duly ratified at the 1982 general election and which relates to a 1 percent sales and use tax for educational purposes in Habersham County.
Referred to Committee on Federal, State and Community Affairs.

HB 1245. By Representatives Crawford of the 5th, Oliver of the 1st and Hays of the 1st:
A bill to provide for election of members to the Dade County board of edu cation; to provide for five education districts.
Referred to Committee on Federal, State and Community Affairs.

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HB 1246. By Representatives Crawford of the 5th, Hays of the 1st and Oliver of the 1st:
A bill to create a board of commissioners of Dade County.
Referred to Committee on Federal, State and Community Affairs.

HB 1248. 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 composition of districts from which members are elected.
Referred to Committee on Federal, State and Community Affairs.

HR 443. By Representative Richardson of the 52nd:
A resolution creating the Medical Radiation Health and Safety Study Committee.
Referred to Committee on Human Resources.

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

Mr. President:

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

SB 341. Do pass. SB 360. Do pass. SB 361. Do pass.

SB 363. Do pass. SB 376. Do pass. SR 298. Do pass by substitute.

Respectfully submitted,

Senator Walker of the 19th District, Chairman

Mr. President:

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

HB 918. HB 919. SB 406.

Do pass. Do pass. Do pass.

HB 1032. HB 1034. SB 431.

Do pass. Do pass. Do pass.

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405

SB 433. Do pass.

Respectfully submitted, Senator Deal of the 49th District, Chairman

Mr. President:

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

HB 931. Do pass. HR 210. Do pass.

HR 449. Do pass. HR 489. Do pass.

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 330. By Senator Barnes of the 33rd:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Anno tated, relating to probate courts, so as to provide that appeals from certain courts shall be taken directly to the Court of Appeals or Supreme Court rather than to superior court; to provide for jury trials in such courts; to provide for all related matters.

SB 356. By Senator Kidd of the 25th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the certification and regu lation of police dogs and peace officers who handle police dogs.

SB 391. By Senators Peevy of the 48th, Deal of the 49th and Barnes of the 33rd:
A bill to amend Code Section 15-10-41 of the Official Code of Georgia An notated, relating to jury trials and appeals in magistrate courts, so as to provide that appeals may be had from judgments returned in the magistrate court to the state court of the county or, if there is no state court, to the superior court of the county.

SB 405. By Senator Land of the 16th:
A bill to amend Code Section 16-5-3 of the Official Code of Georgia Anno tated, relating to involuntary manslaughter, so as to change the punishment for the offense of involuntary manslaughter in the commission of an unlaw ful act.

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SB 409. By Senator Greene of the 26th:
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 repeal pro visions relating to fees charged to applicants for support enforcement services.

SB 417. By Senator Kidd of the 25th:
A bill to amend Code Section 21-3-407 of the Official Code of Georgia An notated, relating to run-off primaries and elections in municipalities, so as to provide that no person shall be a write-in candidate in a general or special election who was a candidate for nomination in the immediately preceding primary.

SB 418. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-413 of the Official Code of Georgia An notated, relating to requirements as to conduct of voters and campaigners at polling places generally, and to amend Code Section 21-3-320, relating to requirements as to conduct of voters and campaigners at polling places in municipal elections, so as to provide that no candidate or other campaigner shall be allowed to check the names on any electors list.

SB 428. By Senator Kidd of the 25th:
A bill to amend Code Section 21-3-285 of the Official Code of Georgia An notated, relating to the procedure for voting by absentee ballot, so as to change certain procedures.

SB 440. By Senators McGill of the 24th, Walker of the 19th, English of the 21st and others:
A bill to amend Part 9 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide when an animal or pet shall be deemed abandoned.

SB 446. By Senators Harrison of the 37th and Brantley of the 56th:
A bill to amend Code Section 36-36-20 of the Official Code of Georgia An notated, relating to the definition of a municipal corporation for the purpose of annexation pursuant to application of 60 percent of landowners and elec tors, so as to provide that such definition shall not include certain municipal ities having independent school systems.

SR 277. By Senator Broun of the 46th:
A resolution designating the Botanical Garden at the University of Georgia as the State Botanical Garden of Georgia.

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407

SR 318. By Senators Stumbaugh of the 55th, Allgood of the 22nd, Cobb of the 28th and others:
A resolution to provide for line item appropriation of funds to the legislative branch of government.

SR 324. By Senator Broun of the 46th:
A resolution creating the University System Laboratory, Equipment, and Library Research Needs Study Committee.

HB 644. By Representative Ramsey of the 3rd:
A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to use of radar speed detection devices, so as to change the provisions relating to the definition of a speed detection device.

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.

HB 895. By Representative Phillips of the 93rd:
A bill to amend an Act entitled "An Act to create a Board of Commission ers in the county of Harris," so as to change the commissioner districts in said county.

HB 933. By Representatives Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Code Section 10-1-404 of the Official Code of Georgia An notated, relating to certain powers of the administrator of the "Fair Busi ness Practices Act of 1975," so as to provide that the administrator and his employees and law enforcement officials may provide certain information to each other under certain circumstances.

HB 937. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Chapter 3 of Title 21 of the Official Code of Georgia Anno tated, relating to municipal elections, so as to change certain provisions rela tive to penalties.

HB 939. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Code Section 21-2-414 of the Official Code of Georgia An notated, relating to restrictions on campaign activities within the vicinity of a polling place, and Code Section 21-3-321 of the Official Code of Georgia Annotated, relating to restrictions on campaign activities within the vicinity

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of a polling place in municipal elections, so as to provide for the distribution of materials to promote voter participation.

HB 940. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Code Section 21-3-124 of the Official Code of Georgia An notated, relating to the designation of the form of municipal voter registra tion, so as to provide that municipalities electing not to use the county regis tration list shall be required to use forms provided by the Secretary of State.

HB 941. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the requirements regarding the display of vote recorders prior to elections.

HB 942. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the board of registrars shall not make any change of residence on a person's voter registration card without written notification of such change by the elector.

HB 943. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the principal of every public and private high school and the director of each area vocational school is authorized to invite a deputy registrar to the school to register qualified students and em ployees as electors.

HB 965. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1983-84, known as the "General Appropriations Act," so as to change the revenue estimate and certain appropriations for the State Fiscal Year 198384.

HB 1003. By Representatives Steinberg of the 46th, Chambless of the 133rd, Karrh of the 109th and Daugherty of the 33rd:
A bill to amend Code Section 31-10-13 of the Official Code of Georgia An notated, relating to certificates of adoption and birth certificates, so as to provide for the issuance of birth certificates for persons born outside this country who are adopted in accordance with the laws of this state.

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409

HB 1024. By Representatives Groover of the 99th, Evans of the 84th, Murphy of the 18th and others:
A bill to amend Code Section 45-7-4 of the Official Code Section of Georgia Annotated, relating to annual salaries and allowances of certain state offi cials, so as to change certain of such salaries.

HB 1047. By Representatives Reaves of the 147th, Sherrod of the 143rd, Matthews of the 145th and others:
A bill to amend Chapter 7 of Title 2 of the Official Code of Georgia Anno tated, relating to plant disease, pest control, and pesticides, so as to enact into law the interstate pest control compact and provide for the entry into the compact by the State of Georgia together with all other jurisdictions legally joining therein.

HB 1048. By Representatives Reaves of the 147th, Balkcom of the 140th, Hudson of the 117th and others:
A bill to amend Chapter 10 of Title 4 of the Official Code of Georgia Anno tated, relating to exotic birds and pet birds, so as to direct the Commissioner of Agriculture to establish a listing of birds not native to this state which if introduced into this state would be capable of breeding in the wild and would be detrimental to the agricultural industry of this state.

HB 1079. By Representative Crawford of the 5th:
A bill to amend an Act creating the State Court of Chattooga County, so as to correct an error in the description of the dates of election of the judge and solicitor of the court.

HB 1092. By Representative Hudson of the 117th:
A bill to abolish the present method of compensating the Clerk of the Supe rior Court of Wilcox County, known as the fee system; to provide in lieu thereof an annual salary.

HB 1093. By Representative Hudson of the 117th:
A bill to consolidate the offices of tax receiver and tax collector of Wilcox County into the office of the tax commissioner of Wilcox County.

HB 1095. By Representative Royal of the 144th:
A bill to provide for the compensation of the chairman and members of the Board of Education of Mitchell County.

HB 1113. 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 correct a typographical error in the description of the election dis tricts from which members of the board of commissioners are elected.

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HB 1116. By Representative Hudson of the 117th:
A bill to amend an Act to incorporate the City of Rochelle, so as to change the punishment which may be imposed by the mayor's or recorder's court.

HB 1117. By Representative Hudson of the 117th: A bill to provide for the Magistrate Court of Pulaski County.

HB 1136. By Representatives Buck of the 95th, Galer of the 97th, Phillips of the 93rd and others:
A bill to provide that the judge of the Municipal Court of Columbus and Muscogee County shall serve as the chief magistrate of the Magistrate Court of Muscogee County.

HB 1141. By Representative Godbee of the 110th: A bill to make provisions for the Magistrate Court of Jenkins County.

HB 1161. By Representative Oliver of the 121st:
A bill to amend an Act creating the State Court of Tattnall County, so as to provide that the amount of the compensation of the clerical assistant of the solicitor of the court shall be fixed by the governing authority of Tattnall County.

HB 1176. By Representatives Phillips of the 120th, Byrd of the 153rd and Moody of the 153rd:
A bill to make provisions for the Magistrate Court of Toombs County.

HB 1177. By Representative Phillips of the 120th: A bill to make provisions for the Magistrate Court of Wheeler County.

HB 1178. By Representative Phillips of the 120th: A bill to make provisions for the Magistrate Court of Treutlen County.

HB 1179. By Representative Phillips of the 120th:
A bill to amend an Act creating a board of commissioners of Montgomery County, so as to provide that the county attorney shall not be required to be a resident of the county.

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

Allgood

Barker

Barnes

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411

Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram

Foster Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

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

Those not answering were Senators:

Bond Fincher

Garner Scott of 36th

Stumbaugh

Senator Harrison of the 37th introduced the chaplain of the day, Reverend Gerald Thurman, pastor of Saint Andrews United Methodist Church, Marietta, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 334. By Senator Kennedy of the 4th: A resolution commending Coach Albert Lodge.

SR 335. By Senator Kennedy of the 4th:
A resolution commending the Bryan County High School Lady 'Skins Softball Team.

SR 336. By Senator Kennedy of the 4th: A resolution commending the Claxton High School Track Team.

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The following communication from Lieutenant Governor Zell Miller, President of the Senate, was received and read by the Secretary:

Office of Lieutenant Governor 240 State Capitol
Atlanta, Georgia 30334
January 25, 1984
Mr. Hamilton McWhorter, Jr. Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Hamilton:

This is to notify you that as President of the Senate, I am today remov ing Nathan Dean as Chairman of the Rules Committee and appointing Al Holloway to that position.
Since Senator Holloway is Chairman of the Transportation Committee, this creates a vacancy to which I am appointing Senator Tom Coleman as Chairman.

cc: All Members of the Senate

Sincerely, /s/ Zell Miller

SENATE CALENDAR Wednesday, January 25, 1984 SEVENTEENTH LEGISLATIVE DAY
SB 259 Health Insurance--change nature of required coverage of mental dis orders (SUBSTITUTE) (Ins--43rd)

Senator Kidd of the 25th moved that the following bill of the Senate, having been placed on the Table on January 23, be taken from the Table:

SB 358. By Senator Kidd of the 25th:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to change the minimum annual salary of the sheriff.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 358 was taken from the Table and placed at the foot of today's Calendar.

WEDNESDAY, JANUARY 25, 1984

413

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

SB 259. By Senator Scott of the 43rd:
A bill to amend Code Section 33-24-28.1 of the Official Code of Georgia Annotated, relating to required accident and sickness insurance coverage of mental disorders, so as to change the nature of required coverage.

The Senate Committee on Insurance offered the following substitute to SB 259:

A BILL
To be entitled an Act to amend Code Section 33-24-28.1 of the Official Code of Georgia Annotated, relating to required accident and sickness in surance coverage of mental disorders, so as to change the nature of required coverage; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-24-28.1 of the Official Code of Georgia Annotated, relating to required accident and sickness insurance coverage of mental disorders, is amended by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) Every insurer authorized to issue accident and sickness insur ance benefit plans, policies, or contracts shall be required to make availa ble, either as a part of or as an optional endorsement to all such policies providing major medical insurance coverage which are issued, delivered, issued for delivery, or renewed on or after January 1, 1982, coverage for the treatment of mental disorders, which coverage shall be at least as extensive and provide at least the same degree of coverage as that pro vided by the respective plan, policy, or contract for the treatment of other types of physical illnesses. Such an optional endorsement shall also pro vide that the coverage required to be made available pursuant to this Code section shall also cover the spouse and the dependents of the in sured if the insured's spouse and dependents are covered under such ben efit plan, policy, or contract. In no event shall such an insurer be required to cover inpatient treatment for more than a maximum of 30 days per policy year or outpatient treatment for more than a maximum of 48 vis its per policy year under individual policies or to cover inpatient treat ment for more than a maximum of 60 days per policy year or outpatient treatment for more than a maximum of 50 visits per policy year under group policies."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

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The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Foster Garner Gillis Greene Harris Harrison Hill Mine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

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

Voting in the negative was Senator Dawkins. Those not voting were Senators:

Bryant

Fincher

Thompson

On the passage of the bill, the yeas were 52, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following general bill of the Senate, having been read the third time on Janu ary 19 and postponed until January 23, tabled on January 23 and taken from the Table previously today, was put upon its passage:

SB 358. By Senator Kidd of the 25th:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to change the minimum annual salary of the sheriff.

WEDNESDAY, JANUARY 25, 1984

415

The Senate Committee on Governmental Operations offered the following substi tute to SB 358:

A BILL

To be entitled an Act to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to change the mini mum annual salaries of the sheriffs; to provide additional remuneration for certain services; 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 16 of Title 15 of the Official Code of Georgia An notated, relating to sheriffs, is amended by striking in its entirety subsection (a) of Code Section 15-16-20, relating to minimum annual salary of sheriffs, and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) (1) Any other law to the contrary notwithstanding, the mini mum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1980 or any future such census; pro vided, however, that, in the event the population of a county according to the United States decennial census of 1980 or any future such census is less than its population according to the United States decennial census of 1970, the population bracket under which any such county falls for the purposes of this Code section shall be determined according to the United States decennial census of 1970. Except as otherwise provided in paragraph (2) of this subsection, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0-- 5,999 ................................... $15,125.00 6,000-- 11,999 .................................... 18,755.00 12,000-- 19,999 .................................... 21,538.00 20,000-- 29,999 .................................... 23,716.00 30,000-- 39,999 .................................... 25,894.00 40,000-- 49,999 .................................... 28,072.00 50,000-- 99,999 .................................... 30,250.00 100,000-- 199,999.................................... 32,307.00 200,000-- 299,999 .................................... 34,606.00 300,000-- and up .................................... 42,300.00

(2) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1980 or any future such census. Effective July 1, 1985, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule:

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Population

Minimum Salary

0-- 5,999 .................................. $16,500.00 6,000-- 11,999 .................................... 20,500.00 12,000-- 19,999.................................... 23,500.00
20,000-- 29,999 .................................... 26,000.00 30,000-- 39,999.................................... 28,500.00 40,000-- 49,999 ................................... .31,000.00 50,000-- 99,999 .................................... 33,500.00
100,000-- 199,999 .................................... 35,500.00 200,000-- 299,999 .................................... 38,000.00 300,000-- and up ................................. 46,500.00

(3) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1980 or any future such census. Effective July 1, 1986, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0-- 5,999 .................................. $17,500.00 6,000-- 11,999 ................................... 22,000.00 12,000-- 19,999 ................................... 25,000.00 20,000-- 29,999................................... 28,000.00 30,000-- 39,999 ................................... 30,500.00 40,000-- 49,999................................... 33,000.00 50,000-- 99,999 ................................... 36,000.00 100,000-- 199,999 ................................... 38,000.00 200,000-- 299,999 ................................... 41,500.00 300,000-- and up ................................... 50,000.00"

Section 2. Said chapter is further amended by adding between Code Sections 15-16-20 and 15-16-21 a new Code Section 15-16-20.1 to read as follows:

"15-16-20.1. (a) Except as otherwise provided in subsection (b) of this Code section, in addition to the minimum salary provided in Code Section 15-16-20, the sheriff of any county who performs the duties of a sheriff for a state court, probate court, or magistrate court under any applicable general or local law of this state shall receive for his services in such court a salary of not less than $200.00 per month, to be paid from the funds of the county. In the event any such court for which a sheriff is serving is abolished, the sheriff shall continue to receive the amount provided above.

(b) In all counties of this state which have a population of 5,999 or less according to the United States decennial census of 1980 or any fu ture such census, in addition to the minimum salary provided in Code Section 15-16-20, the sheriff of any such county who performs the duties of a sheriff for a state court, probate court, or magistrate court under any applicable general or local law of this state shall receive for his services in such court a salary of not less than $100.00 per month, to be paid

WEDNESDAY, JANUARY 25, 1984

417

from the funds of the county. In the event any such court for which a sheriff is serving is abolished, the sheriff shall continue to receive the amount provided above."
Section 3. This Act shall become effective January 1, 1985.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th offered the following amendment:

Amend the substitute to SB 358 offered by the Senate Committee on Governmental Operations by adding after the word "court" on Page 4, lines 3 and 17, the following:
"or courts".
By striking from lines 5 through 8 of Page 4 and from lines 18 through 21 of Page 4 the following:
"In the event any such court for which a sheriff is serving is abol ished, the sheriff shall continue to receive the amount provided above.",
and inserting in each place the following:
"A sheriff who serves in more than one such court shall receive only one such salary."

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

Senator Kidd of the 25th offered the following substitute to SB 358:

A BILL
To be entitled an Act to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to change the mini mum annual salaries of the sheriffs; to provide additional remuneration for certain services; 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 16 of Title 15 of the Official Code of Georgia An notated, relating to sheriffs, is amended by striking in its entirety subsection (a) of Code Section 15-16-20, relating to minimum annual salary of sheriffs, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) Any other law to the contrary notwithstanding, the mini mum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he serves, as determined by the

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United States decennial census of 1980 or any future such census. Except as otherwise provided in paragraph (2) of this subsection, each such sher iff shall receive an annual salary, payable in equal monthly installments
from the funds of his county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0-- 5,999 .................................. .$15,125.00 6,000-- 11,999.................................... 18,755.00 12,000-- 19,999.................................... 21,538.00 20,000-- 29,999.................................... 23,716.00 30,000-- 39,999.................................... 25,894.00 40,000-- 49,999 ................................... .28,072.00 50,000-- 99,999.................................... 30,250.00 100,000-- 199,999.................................... 32,307.00 200,000-- 299,999.................................... 34,606.00 300,000-- and up .................................... 42,300.00

(2) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1980 or any future such census. Effective Jan uary 1, 1985, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0-- 5,999.................................. $16,183.00 6,000-- 11,999 ................................... 20,067.00 12,000-- 19,999 ................................... 23,045.00 20,000-- 29,999................................... 25,376.00 30,000-- 39,999................................... 27,706.00 40,000-- 49,999................................... 30,037.00 50,000-- 99,999 ................................... 32,367.00 100,000-- 199,999.................................. 34,568.00 200,000-- 299,999................................... 37,028.00 300,000-- and up ................................... 45,261.00"

Section 2. Said chapter is further amended by adding between Code Sections 15-16-20 and 15-16-21 a new Code Section 15-16-20.1 to read as follows:

"15-16-20.1. (a) Except as otherwise provided in subsection (b) of this Code section, in addition to the minimum salary provided in Code Section 15-16-20, the sheriff of any county who performs the duties of a sheriff for a state court, probate court, or magistrate court under any applicable general or local law of this state shall receive for his services in such court a salary of not less than $200.00 per month, to be paid from the funds of the county. In the event any such court for which a sheriff is serving is abolished, the sheriff shall continue to receive the amount provided above.

(b) In all counties of this state which have a population of 5,999 or

WEDNESDAY, JANUARY 25, 1984

419

less according to the United States decennial census of 1980 or any fu ture such census, in addition to the minimum salary provided in Code Section 15-16-20, the sheriff of any such county who performs the duties of a sheriff for a state court, probate court, or magistrate court under any applicable general or local law of this state shall receive for his services in such court a salary of not less than $50.00 per month, to be paid from the funds of the county. In the event any such court for which a sheriff is serving is abolished, the sheriff shall continue to receive the amount pro vided above."
Section 3. This Act shall become effective January 1, 1985.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senators Allgood of the 22nd and Lester of the 23rd offered the following amendment:

Amend the substitute to SB 358 offered by Senator Kidd of the 25th by striking on Page 2, line 9, in its entirety and inserting in lieu thereof the following:

"100,000 -- 179,999

32,307.00",

and by inserting between lines 9 and 10 of Page 2 the following:

"180,000 -- 199,999

$10,000.00".

By striking line 30 of Page 2 in its entirety and inserting in lieu thereof the following:

"100,000 -- 179,999

$34,568.00",

and by inserting between lines 30 and 31 of Page 2 the following:

" 180,000 -- 199,999

$ 10,000.00".

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

Senator Deal of the 49th offered the following amendment:

Amend the substitute to SB 358 offered by Senator Kidd of the 25th by adding after the word "court" on Page 3, lines 10 and 24, the following:
"or courts".
By striking from lines 12 through 15 of Page 3 and from lines 25 through 28 of Page 2 the following:

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JOURNAL OF THE SENATE

"In the event any such court for which a sheriff is serving is abol ished, the sheriff shall continue to receive the amount provided above.",
and inserting in each place the following:
"A sheriff who serves in more than one such court shall receive only one such salary."

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

Senators Coleman of the 1st and Scott of the 2nd offered the following amendment:

Amend the substitute to SB 358 offered by Senator Kidd of the 25th by striking from Section 1 on line 31 of Page 2 the following:

"200,000 -- 299,999

37,028.00",

and inserting in lieu thereof the following:

"200,000 -- 249,999 250,000 -- 299,999

34,606.00 37,028.00"

On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.

On the adoption of the substitute to SB 358 offered by the Senate Committee on Governmental Operations, the yeas were 1, nays 43, and the substitute was lost.

On the adoption of the substitute to SB 358 offered by Senator Kidd of the 25th, the yeas were 44, nays 0, and the substitute was adopted as amended.

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

Coleman Dawkins Deal Dean English Engram

WEDNESDAY, JANUARY 25, 1984

421

Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins

Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry Phillips Reddish

Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Walker

Those voting in the negative were Senators:

Burton

Coverdell

Tysinger

Not voting was Senator Fincher.

On the passage of the bill, the yeas were 52, nays 3.

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

Senator Kidd of the 25th moved that SB 358 be immediately transmitted to the House.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 358 was immediately transmitted to the House.

Senator Brantley of the 56th introduced the doctor of the day, Dr. William Snell, of Marietta, Georgia.

The following resolution of the Senate was read and adopted:

SR 329. By Senator Harris of the 27th:
A resolution commending Mr. Charlie Land and inviting him to appear before the Senate on January 25, 1984.

Senator Harris of the 27th introduced Mr. Charlie Land, president of the Voca tional Opportunity Club.

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JOURNAL OF THE SENATE

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 11:45 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

THURSDAY, JANUARY 26, 1984

423

Senate Chamber, Atlanta, Georgia Thursday, January 26, 1984 Eighteenth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

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

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

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

Mr. President:

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

HB 706. By Representatives Ray of the 98th, Home of the 103rd, Pinkston of the 100th and others:
A bill to amend Code Section 15-16-1, relating to qualifications and training requirements of sheriffs, so as to change a provision relating to the qualifica tions and eligibility to hold the office of sheriff.

HB 926. By Representative Phillips of the 125th:
A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of the practice of chiropractic, so as to pro vide for certain authority for the board.

HB 1057. By Representative Birdsong of the 104th:
A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Anno tated, relating to general provisions regarding health, so as to authorize the receipt and reuse of heart pacemakers.

HB 1058. By Representative Birdsong of the 104th:
A bill to amend the Official Code of Georgia Annotated, so as to authorize the disposition by sale or gift of a heart pacemaker at the death of the indi vidual possessing such pacemaker; and to provide which persons may make

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JOURNAL OF THE SENATE

such disposition in the absence of a contract, will, or other contrary indica tion of a decedent.

HB 1062. By Representatives Phillips of the 120th, Ginsberg of the 122nd, Godbee of the 110th and others:
A bill to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to extend the termination date of the board.

HB 1068. By Representative Phillips of the 125th:
A bill to amend Code Section 31-3-2 of the Official Code of Georgia Anno tated, relating to composition of county boards of health, so as to change the membership, terms, and method of filling vacancies in county boards of health and to prohibit certain appointments thereto.

HB 1102. By Representatives Pettit of the 19th, Thompson of the 20th and Maddox of the 7th:
A bill to amend Code Section 45-7-72 of the Official Code of Georgia Anno tated, relating to copies of statements disclosing professional services fees paid by state agencies, so as to delete certain provisions regarding copies of statements.

HB 1103. By Representative Lambert of the 66th:
A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Anno tated, relating to architects, so as to provide for a new name for the board; and to change certain provisions relating to qualifications of applicants for examinations.

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

SB 290. By Senator Coggin of the 35th:
A bill to amend Chapter 4 of Title 3 of the Official Code of Georgia Anno tated, relating to distilled spirits, so as to provide for a short title; and to provide for purposes and policies.

SB 393. By Senator Foster of the 50th:
A bill to provide for the term of office of the chief magistrate of Lumpkin County; to provide for the appointment of a successor chief magistrate for a certain term; and to provide for the election of successor chief magistrates and for their terms of office.

THURSDAY, JANUARY 26, 1984

425

SB 400. By Senator McKenzie of the 14th:
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 95, duly ratified at the 1962 general election and pro claimed by the Governor to be part of the Constitution of 1945, which amendment provides for the election by the people of members of the Board of Education of Macon County.

The House has disagreed to the Senate substitute to the following resolution of the House:

HR 91. By Representatives Collins of the 144th, Phillips of the 120th, Crosby of the 150th and others:
A resolution proposing an amendment to the Constitution so as to levy a special 1 percent retail sales and use tax for educational purposes; and to provide for distribution of the proceeds of such tax.

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

SB 477. By Senator Cobb of the 28th:
A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment requirements for motor vehicles, so as to make it unlawful for any resident person to operate a mo tor vehicle in this state which has material and glazing applied or affixed to the front windshield which reduces light transmission through the wind shield or which has material and glazing applied or affixed to the front door windows which reduces light transmission through the window to less than 32 percent.
Referred to Committee on Public Safety.

SB 478. By Senator Coggin of the 35th:
A bill to amend Code Section 3-1-2 of the Official Code of Georgia Anno tated, relating to definitions in the "Georgia Alcoholic Beverage Code," so as to change the definitions of "malt beverage" and "wine".
Referred to Committee on Consumer Affairs.

SB 479. By Senator Deal of the 49th:
A bill to amend Article 5 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to fees and costs in magistrate courts, so as to make discretionary with the court the imposition of costs of up to $30.00 against persons convicted of county ordinance violations.
Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE

SB 480. By Senators Barnes of the 33rd, Trulock of the 10th and Dean of the 31st:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to change the definition of transacting business.
Referred to Committee on Governmental Operations.

SB 481. By Senators Scott of the 2nd, Coleman of the 1st and Bryant of the 3rd:
A bill to provide for the appointment of the clerk of the State Court of Chatham County by a majority vote of the judges of the superior courts of the Eastern Judicial Circuit and the judges of said state court.
Referred to Committee on Federal, State and Community Affairs.

SB 482. By Senator Bryant of the 3rd:
A bill to amend Code Section 27-4-112 of the Official Code of Georgia An notated, relating to the methods of taking fish, crustaceans, or mollusks gen erally, so as to change the areas where certain seines may be used.
Referred to Committee on Natural Resources and Environmental Quality.

SB 483. By Senator Bond of the 39th:
A bill to amend Code Section 3-3-20 of the Official Code of Georgia Anno tated, relating to the sale of alcoholic beverages on certain days, so as to prohibit the sale or offer of sale of alcoholic beverages on Sundays and elec tion days.
Referred to Committee on Consumer Affairs.

SB 484. By Senator Lester of the 23rd:
A bill to amend Code Section 9-11-41 of the Official Code of Georgia Anno tated, relating to dismissal of actions, so as to provide that an action may be voluntarily dismissed one time by the plaintiff, without order of court, under certain circumstances.
Referred to Committee on Judiciary.

SB 485. By Senator Lester of the 23rd:
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 provide that notice to the accused shall not be required where the accused had no account with the drawee at the time the instrument was made, drawn, uttered, or delivered.
Referred to Committee on Judiciary.

THURSDAY, JANUARY 26, 1984

427

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

HB 706. By Representatives Ray of the 98th, Home of the 103rd, Pinkston of the 100th and others:
A bill to amend Code Section 15-16-1, relating to qualifications and training requirements of sheriffs, so as to change a provision relating to the qualifica tions and eligibility to hold the office of sheriff.
Referred to Committee on Governmental Operations.

HB 926. By Representative Phillips of the 125th:
A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of the practice of chiropractic, so as to pro vide for certain authority for the board.
Referred to Committee on Human Resources.

HB 1057. By Representative Birdsong of the 104th:
A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Anno tated, relating to general provisions regarding health, so as to authorize the receipt and reuse of heart pacemakers.
Referred to Committee on Human Resources.

HB 1058. By Representative Birdsong of the 104th:
A bill to amend the Official Code of Georgia Annotated, so as to authorize the disposition by sale or gift of a heart pacemaker at the death of the indi vidual possessing such pacemaker; to provide which persons may make such disposition in the absence of a contract, will, or other contrary indication of a decedent.
Referred to Committee on Human Resources.

HB 1062. By Representatives Phillips of the 120th, Ginsberg of the 122nd, Godbee of the 110th and Lane of the lllth:
A bill to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to extend the termination date of the board.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1068. By Representative Phillips of the 125th:
A bill to amend Code Section 31-3-2 of the Official Code of Georgia Anno tated, relating to composition of county boards of health, so as to change the membership, terms, and method of filling vacancies in county boards of health and to prohibit certain appointments thereto.
Referred to Committee on Human Resources.

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JOURNAL OF THE SENATE

HB 1102. By Representatives Pettit of the 19th, Thompson of the 20th and Maddox of the 7th:
A bill to amend Code Section 45-7-72 of the Official Code of Georgia Anno tated, relating to copies of statements disclosing professional services fees paid by state agencies, so as to delete certain provisions regarding copies of statements.
Referred to Committee on Governmental Operations.

HB 1103. By Representative Lambert of the 66th:
A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Anno tated, relating to architects, so as to provide for a new name for the board; to change certain provisions relating to qualifications of applicants for examination.
Referred to Committee on Governmental Operations.

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

Mr. President:

The Committee on Children and Youth has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 331. Do pass.
Respectfully submitted,
Senator Hudgins of the 15th District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bills of the Senate and House and has instructed me to report the
same back to the Senate with the following recommendations:

SB 459. HB 1124. HB 1167. HB 1186.

Do pass. Do pass. Do pass. Do pass.

HB 1189. Do pass. HB 1193. Do pass. HB 1222. Do pass. Respectfully submitted, Senator Scott of the 43rd District, Chairman

THURSDAY, JANUARY 26, 1984

429

Mr. President:

The Committee on Governmental Operations has had under consideration the fol lowing bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 438. Do pass. SB 447. Do pass. SB 452. Do pass.

SR 319. Do pass. HB 1088. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

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

SB 368. Do pass. SB 443. Do pass. SB 471. Do pass.

HB 1155. Do pass. HB 1156. Do pass as amended.

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 and resolution of the House and Senate and has in structed me to report the same back to the Senate with the following recommendations:

SR 321. Do pass. SB 442. Do pass. SB 451. Do pass.

HB 531. Do pass. HB 1174. Do pass.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Offender Rehabilitation has had under consideration the fol-

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JOURNAL OF THE SENATE

lowing bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 254. Do pass by substitute. SB 338. Do pass. SB 448. Do pass. SB 463. Do pass.

SB 464. HB 536. HB 934. HB 1089.

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

Respectfully submitted,

Senator Garner of the 30th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following reso lutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 313. SR 315. SR 328. UHDR 4.7_6,. HR 478.

Do pass as amended.
Do vpass. Do pass. _Do pass.
Do pass.

HR 482. Do pass. THITR> 4.,,8_7. _Do pass.
HR 524. Do prass. HR 544. Do pass.

Respectfully submitted,

Senator Brown of the 47th District, Chairman

Mr. President:

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

HB 973. Do pass. HB 974. Do pass.

HB 976. Do pass. HB 199. Do pass by substitute. Respectfully submitted, Senator Turner of the 8th District, Chairman

THURSDAY, JANUARY 26, 1984

431

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

SB 341. By Senator Cobb of the 28th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to change the method of ap peal from decisions of the State Board of Workers' Compensation.

SB 360. By Senator Scott of the 43rd:
A bill to amend Code Section 34-9-222 of the Official Code of Georgia An notated, relating to the award of lump sum payments of all or part of com pensation, so as to provide that the State Board of Workers' Compensation may, at its discretion, either schedule a hearing or solicit the affidavits of the parties in interest in order to determine the question of whether to award a lump sum payment of future benefits or an advance payment of a portion of future benefits.

SB 361. By Senator Scott of the 43rd:
A bill to amend Code Section 34-9-100 of the Official Code of Georgia An notated, relating to filing a claim for compensation with the State Board of Workers' Compensation, so as to provide for the automatic dismissal of ap plications for hearings if no hearing is scheduled for a period of five years.

SB 363. By Senator Tysinger of the 41st:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to delete certain provisions relating to the transacting of business.

SB 376. By Senators Cobb of the 28th and Tysinger of the 41st:
A bill to amend Chapter 10 of Title 34 of the Official Code of Georgia Annotated, relating to private employment agencies, so as to change the ter mination date of the State Employment Agency Advisory Council and the date of repeal of laws relating to such council.

SB 406. By Senator Hine of the 52nd:
A bill to amend Article 1 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding estates, so as to provide that no interest in real or personal property shall be good unless it must vest, if at all, not later than 21 years after a life or lives in being at the creation of the interest.

SB 431. By Senator Coggin of the 35th:
A bill to amend Chapter 14 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia RICO (Racketeer Influenced and Cor-

432

JOURNAL OF THE SENATE

rupt Organizations) Act," so as to provide that the solicitor of a state court may maintain RICO actions in certain cases.

SB 433. By Senator Coggin of the 35th:
A bill to amend Code Section 5-5-47 of the Official Code of Georgia Anno tated, relating to supersedeas bonds when a new trial motion is filed in a criminal case, so as to provide that Code Section 5-6-45, relating to superse deas and supersedeas bonds when notice of appeal is filed, shall apply equally in cases where a motion for a new trial is filed.

SR 298. By Senator Brantley of the 56th: A resolution to create the Auto Repair Industry Study Committee.

HB 918. By Representative Greene of the 130th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of superior courts, so as to change the terms of court for Webster County in the Southwestern Judicial Circuit.

HB 919. By Representative Greene of the 130th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of superior courts, so as to change the terms of court for Stewart County in the Southwestern Judicial Circuit.

HB 931. By Representative Jackson of the 9th:
A bill to amend Code Section 40-2-20 of the Official Code of Georgia Anno tated, relating to the registration and licensure of motor vehicles, so as to require that the purchaser of a used motor vehicle for which there is an existing registration transfer the registration within seven days of the date of purchase.

HB 1032. By Representative Evans of the 84th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions relative to local governments and coun ties, so as to change the provisions relating to the extent of jurisdiction of counties.

HB 1034. By Representative Evans of the 84th:
A bill to repeal Code Section 44-14-65 of the Official Code of Georgia An notated, relating to fees for transfer of real property covered by deed to secure debt.

THURSDAY, JANUARY 26, 1984

433

HR 210. By Representatives Twiggs and Colwell of the 4th and Irwin and Dover of the llth:
A resolution designating the Henry E. Dillard Memorial Bridge.

HR 449. By Representatives Thompson, Lawler, Wilson and Burruss of the 20th and others:
A resolution designating a portion of State Highway 139 as the Mableton Parkway.

HR 489. By Representatives Birdsong of the 104th, Groover of the 99th, Pinkston of the 100th and others:
A resolution authorizing and directing the Department of Transportation to designate the U.S. 80 - Georgia Highway 19 bridge crossing the Seaboard System Railroad at Dry Branch, Georgia, as the Hubert Floyd Epps Memo rial Bridge.

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 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.

The report 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 895. By Representative Phillips of the 93rd:
A bill to amend an Act entitled "An Act to create a Board of Commission ers in the county of Harris," 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.

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JOURNAL OF THE SENATE

HB 1092. By Representative Hudson of the 117th:
A bill to abolish the present method of compensating the Clerk of the Supe rior Court of Wilcox 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 1093. By Representative Hudson of the 117th:
A bill to consolidate the offices of tax receiver and tax collector of Wilcox County into the office of the tax commissioner of Wilcox County.

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

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

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

HB 1095. By Representative Royal of the 144th:
A bill to provide for the compensation of the chairman and members of the Board of Education of Mitchell 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 1113. 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 correct a typographical error in the description of the election dis tricts from which members of the board of commissioners are elected.

THURSDAY, JANUARY 26, 1984

435

The report 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 1116. By Representative Hudson of the 117th:
A bill to amend an Act to incorporate the City of Rochelle, so as to change the punishment which may be imposed by the mayor's or recorder's 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 1117. By Representative Hudson of the 117th: A bill to provide for the Magistrate Court of Pulaski 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 1136. By Representatives Buck of the 95th, Galer of the 97th, Phillips of the 93rd and others:
A bill to provide that the judge of the Municipal Court of Columbus and Muscogee County shall serve as the chief magistrate of the Magistrate Court of Muscogee 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.

436

JOURNAL OF THE SENATE

HB 1141. By Representative Godbee of the 110th: A bill to make provisions for the Magistrate Court of Jenkins 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 1161. By Representative Oliver of the 121st:
A bill to amend an Act creating the State Court of Tattnall County, so as to provide that the amount of the compensation of the clerical assistant of the solicitor of the court shall be fixed by the governing authority of Tattnall 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 1176. By Representatives Phillips of the 120th and Byrd and Moody of the 153rd: A bill to make provisions for the Magistrate Court of Toombs 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 1177. By Representative Phillips of the 120th: A bill to make provisions for the Magistrate Court of Wheeler County.

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

THURSDAY, JANUARY 26, 1984

437

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

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

HB 1178. By Representative Phillips of the 120th: A bill to make provisions for the Magistrate Court of Treutlen 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 1179. By Representative Phillips of the 120th:
A bill to amend an Act creating a board of commissioners of Montgomery County, so as to provide that the county attorney shall not be required to be a resident 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 1079. By Representative Crawford of the 5th:
A bill to amend an Act creating the State Court of Chattooga County, so as to correct an error in the description of the dates of election of the judge and solicitor of the court.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing amendment:

Amend HB 1079 by adding at line 24 of Page 2 immediately before the word "for" the following:
"per month".

On the adoption of the amendment, the yeas were 48, nays 0, and the amendment was adopted.

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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 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 Bowen Brannon Brantley Broun of 46th Bryant Burton Cobb Coggin Dawkins Deal English Engram

Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Howard Hudgins Huggins Kennedy Kidd

Land Lester McGill McKenzie Peevy Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Timmons Turner Tysinger Walker

Those not answering were Senators:

Barnes Bond Brown of 47th Coleman Coverdell

Dean Harrison Horton Perry Phillips

Scott of 36th Tate Thompson Trulock

Senator Allgood of the 22nd introduced the chaplain of the day, Reverend J. C. Wright, pastor of Macedonia Baptist Church, Augusta, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 337. By Senator Coggin of the 35th:
A resolution commending Mrs. Eula Bowen, Mrs. Nonie Smith, Mrs. H. H. Timmerman and Mrs. Mattie Turner.

THURSDAY, JANUARY 26, 1984

439

SR 339. By Senator Gillis of the 20th:
A resolution commending community leaders in the City of Dublin and Laurens County for their efforts in achieving interracial cooperation.

SR 340. By Senators Kennedy of the 4th and Gillis of the 20th: A resolution commending Mr. James Wendell Moore.

SR 338. By Senators Starr of the 44th and Barnes of the 33rd: A resolution commending Huey J. Theus and inviting him to appear.

Senators Starr of the 44th and Barnes of the 33rd introduced Huey Theus to the Senate.

SENATE CALENDAR
Thursday, January 26, 1984
EIGHTEENTH LEGISLATIVE DAY
HB 965 Appropriations, 1983-84--change (SUBSTITUTE) (Approp--12th)
SB 330 Appeals from Certain Courts--taken directly to Court of Appeals (SUBSTITUTE) (J&CL--33rd)
SB 356 Police Dogs and Officers Handling--certification and regulation (AMENDMENT) (Pub Saf--25th)
SB 391 Appeals--may be had from judgments in magistrate court to state court (SUBSTITUTE) (J&CL--48th)
SB 405 Involuntary Manslaughter in Committing Unlawful Act-- punishment (J&CL--16th)
SB 409 Child Support Recovery Act--repeal provisions on fees charged for services (J&CL--26th)
SB 417 Write-in Candidate in General, Special Election--not allowed when in preceding primary (Gov Op--25th)
SB 418 Electors List--no candidate or campaigner allowed to check names (AMENDMENT) (Gov Op--25th)
SB 428 Absentee Ballot--change certain procedures for voting (Gov Op--25th)
SB 440 Animals, Pets--when deemed abandoned (Ag--24th)
SB 446 Annexation--define municipal corporation (Gov Op--37th)
SR 277 University of Georgia Botanical Garden--designate as State Botani cal Garden (H Ed--46th)
SR 318 Appropriation of Funds to Legislative Branch--line item (Gov Op--55th)
SR 324 University System Laboratory, Equipment, Library Research Needs Study Committee--create (H Ed--46th)

440

JOURNAL OF THE SENATE

HB 644 HB 933 HB 937 HB 939 HB 940 HB 941 HB 942 HB 943 HB 1003 HB 1024 HB 1047 HB 1048

Radar Speed Detection Device--definition (Pub Saf--28th)
Fair Business Practices Act Administrator and Law Enforcement Of ficials--information to each other (Gov Op--33rd)
Municipal Elections--change provisions on penalties (Gov Op--25th)
City Election Polling Place--may distribute voter participation materials (Gov Op--25th)
City Voter Registration--when Secretary of State required to pro vide forms (Gov Op--25th)
Vote Recorder Display Prior to Elections--change requirements (Gov Op--25th)
Voter Registration Card Address Change--written notification by elector (Gov Op--25th)
Student, Employee Voter Registration--principal may invite deputy registrar (Gov Op--25th)
Birth Certificates--persons born outside country (J&CL--26th)
Supreme Court Justices, Appeals Court Judges--change salaries (SUBSTITUTE) (Approp--49th)
Interstate Pest Control--enact (Ag--24th)
Birds Not Native to State--Agriculture Department establish listing (Ag--24th)

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

HR 91. By Representatives Collins of the 144th, Phillips of the 120th, Crosby of the 150th and others:
A resolution proposing an amendment to the Constitution so as to levy a special 1 percent retail sales and use tax for educational purposes; to provide for distribution of the proceeds of such tax.

Senator Dawkins of the 45th moved that the Senate insist upon the Senate substi tute to HR 91.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HR 91.

Senator Starr of the 44th assumed the Chair at the direction of the President.

THURSDAY, JANUARY 26, 1984

441

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

HB 965. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1983-84, known as the "General Appropriations Act," so as to change the revenue estimate and certain appropriations for the State Fiscal Year 198384.
Senate Sponsor: Senator Holloway of the 12th.

The Senate Committee on Appropriations offered the following substitute to HB 965:

A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1983-84 known as the "General Appropriations Act," ap proved April 5, 1983 (Ga. L. 1983, p. 1603), so as to change the revenue estimate and certain appropriations for the State Fiscal Year 1983-84; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
An Act providing appropriations for the State Fiscal Year 1983-84, known as the "General Appropriations Act," approved April 5, 1983 (Ga. L. 1983, p. 1603), is amended by striking everything following the enacting clause, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1983, and ending June 30, 1984, as prescribed hereinafter for such State Fiscal Year, from the General Funds of the State, including unappropriated surplus and a State fund revenue es timate of $3,935,000,000 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 ............................. $

16,198,297 16,198,297 16,198,297 16,198,297
16,198,297

442

JOURNAL OF THE SENATE

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

6,033,562
6,217,892 6,217,892 5,683,562

THURSDAY, JANUARY 26, 1984

443

2. Tax Ratio Study ..... Total Funds Budgeted State Funds Budgeted
Budget Unit Object Classes:
Operations .............. Tax Ratio Study ......... Authorized Motor Vehicles Total Positions Budgeted

350,000 350,000 350,000
6,217,892 350,000 28 165

PART II. JUDICIAL BRANCH

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

2,783,268

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 ....... ...... $ 22,650,000

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

444

JOURNAL OF THE SENATE

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, $488,744 is designated and committed for the Prosecuting Attorneys' Council for operations and $101,924 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. ............ $

3,104,662

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 ......... $

718,842 419,917

THURSDAY, JANUARY 26, 1984
Case Counting ........................... $ Institute for Continuing Judicial Education . . $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
For the cost of operating the Administrative Office of the Courts, case counting and for the cost of operating the Institute for Continuing Judicial Education.
Section 7. Appellate Court Reports. Budget Unit: Court Reports ............... $
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
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.

445 68,925 230,000 718,842 718,842
20
193,100
50,471
0 16,870
1 110,595

446

JOURNAL OF THE SENATE

Total Positions Budgeted

Section 11. Georgia Magistrate Courts Training Council.
Budget Unit: ............................ $

15,060

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

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

523,028

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

It is the intent of this General Assembly that the funds appropriated herein to the Judicial Administrative Districts shall be budgeted to the ten districts by the Chairman of the Judicial Council.

Total Positions Budgeted

20

PART HI. EXECUTIVE BRANCH

Section 13. Department of Administrative Services.

A. Budget Unit: Department of Administrative Services ................. $ 29,297,140

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

234,003 6,645 2,500 --0-- 500 --0-- --0-- 15,750 3,827 14,200
277,425 277,425

THURSDAY, JANUARY 26, 1984

447

Total Positions Budgeted
2. Departmental Administration Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Direct Payments to Georgia
Building Authority for Capital Outlay..... $ Direct Payments to Georgia
Building Authority for Operations ............................ $ Direct Payments to Georgia Building Authority for Floyd Building Operations ............... $ Direct Payments to Georgia Building Authority for Authority Lease Rentals ................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
3. Treasury and Fiscal Administration Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Unemployment Compensation Reserve .......$ Public Safety Officers
Indemnification Fund ................... $ Total Funds Budgeted ....................$ State Funds Budgeted .................... $ Total Positions Budgeted
4. Central Supply Administration Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$

6
1,152,523 122,901 11,045 ---0-- 11,000 1,283 23,000 231,927 21,354
177,369
--0--
850,000 2,602,402 2,602,402
42
894,425 98,218 5,940 ---0-- 9,400
1,196 5,776,013
79,189 17,599 ---0-- 11,468
216,800 7,110,248 4,512,170
29
258,782 333,962
--0--

448

JOURNAL OF THE SENATE

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

--0-- --0-- 1,450 --0-- 65,503 --0--
800 6,517,830
--0-- 7,178,327 7,178,327
--0-- 15
1,252,913 116,592 8,650 --0-- 35,500 825 202,755 199,749 38,735 --0--
1.855,719 1,855,719
50
304,494 8,091 6,550 --0-- 10,300 200 19,747 40,734 23,366
267,908 8,066 4,000 --0-- 400

THURSDAY, JANUARY 26, 1984

449

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

1,000 2,500
25,650 4,348 --0-- --0--
313,872 313,872
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

17,671,805 1,457,751
60,000 ---0-- 361,000 160,745 305,000 20,602,895 1,785,745 311,779
2,457,662 433,800
45,608,182 45,608,182 13,669,742
664

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

398,502 1,485,671
--0-- 279,500
--0-- 27,000 ---0--
720 --0-- 2,500 2,193,893 2,193,893 --0--
23

10. Communication Services Budget:

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

2,618,649 378,762
11,000 68,770 58,770

450

JOURNAL OF THE SENATE

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

56,000 164,606 193,463
385 30,000 29,101,171 32,681,576 32,681,576 6,000,000
109

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

1,498,336 1,528,187
115,000
158,209
400,000
3,699,732 3,699,732
--0-- 70

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

782,855 275,487 24,349
--0-- 17,500 3,600 1,500 6,000 13,758 25,000 12,000 27,512 1,189,561 --0--
40

13. Mail and Courier Services Budget:

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

170,557 118,877
--0--
10,000 --0--

THURSDAY, JANUARY 26, 1984

451

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

1,660 --0-- 11,997
313,091 313,091
--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 85,053
69,377 15,052 --0--
20,000 885,537
885,537 --0-- 24

15. Health Planning Review Board Budget:

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

--0--
65,810 65,810 65,810 --0--

Budget Unit Object Classes:

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

28,115,901 5,972,716
163,534 372,270 507,370 375,859 6,580,174

452

JOURNAL OF THE SENATE

Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Rents and Maintenance Expense ........... $ Utilities................................. $ Unemployment Compensation
Reserve. .............................. $ 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 Operations ............................ $ Telephone Billings ........................ $ Materials for Resale ...................... $ Public Safety Officers Indemnity Fund........................ $ Total Positions Budgeted Authorized Motor Vehicles

2,884,013 450,203 579,110
20,602,895 27,512
11,468
2,457,662
--0--
--0--
850,000
177,369 29,101,171 6,942,830
216,800 1,103 285

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

413,482
43,438,440
2,193,893 32,681,576 3,699,732 82,427,123

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

THURSDAY, JANUARY 26, 1984

453

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-
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

11,794,652 3,003,425
4,000 18,140 62,000 86,053 --0-- 46,052 69,200 87,500 --0-- 653,234 6,290,000
--0-- 22,114,256
--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 ........................... $

11,794,652 3,003,425
4,000 18,140 62,000 86,053 ---0-- 46,052 69,200 87,500 --0-- 653,234 6,290,000
--0--

454

JOURNAL OF THE SENATE

Total Positions Budgeted

518

Authorized Motor Vehicles

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.
Provided, the Georgia Building Authority is autho rized 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............................ $ 22,488,583

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

3,481,111 333,638 120,000 56,448 27,755 45,950 --0-- 2,553 43,834 11,584
4,122,873 3,645,606
167

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

1,260,749 124,318 40,000 44,072 9,000 400 --0-- --0-- 51,227 75,000
452,741
836,580

THURSDAY, JANUARY 26, 1984

455

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

998,542 510,000 68,000 4,470,629 4,130,798
54
997,782 153,350 46,000
7,365 12,000 4,083 --0-- --0-- 39,180 27,000 60,000 1,346,760 1,341,760
40
1,924,227 739,107 11,000 14,640 6,000 9,900 --0-- --0-- 41,463 35,000 20,200
106,000 2,907,537
95,145 106
2,199,194 107,674 171,200

456

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
6. Internal Administration Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ..................... $ Per Diem, Fees and Contracts ............. $ Contract -- Federation of
Southern Cooperatives .................. $ Payments to Georgia Agrirama
Development Authority. ................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
7. Information and Education Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Market Bulletin Postage .................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
8. Fuel and Measures Standards Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$

70,532 4,000 2,000 --0-- 3,600 17,022 --0-- 2,575,222 2,575,222
109
1,414,275 267,731 25,000 29,224 13,000 6,000 161,099 579,593 33,588 1,000
20,000
271,280 2,821,790 2,754,099
56
175,058 13,870
550 --0-- 401,960 1,550
6,781
526,000 1,125,769 1,125,769
9
1,388,136 245,847 85,100

THURSDAY, JANUARY 26, 1984

457

Motor Vehicle Equipment Purchases ........$ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
9. Consumer Services Budget:
Personal Services........................ $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ........................ $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
10. Consumer Protection Field Forces Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
11. Meat Inspection Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $

32,194 6,000 172,800 --0-- --0-- 16,077 ---0-- 1,946,154 1,782,154
71
708,041 63,813 13,000 51,555 3,800
900 --0-- --0-- 19,679 1,500 862,288 862,288
27
3,282,856 125,889 160,000 51,555 7,000 12,520 --0-- 6,800 35,717 ---0--
3,682,337 2,915,981
128
2,753,870 77,750 145,000 58,920 2,000 942 --0-- --0--

458

JOURNAL OF THE SENATE

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

20,212 118,970 3,177,664 1,259,761
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

192,970 3,700 4,000
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..................... $

19,778,269 2,256,687
820,850 416,505 492,515 257,045 161,099 592,546 324,780 255,254 526,000
452,741
836,580
998,542 510,000 68,000 95,000
271,280
106,000

THURSDAY, JANUARY 26, 1984
Contract--Federation of Southern Cooperatives . .
Total Positions Budgeted Authorized Motor Vehicles
Provided, that of the above appropriation relative to Regular Operating Expenses, $45,000 is designated and committed for livestock shows relating to research and promoting and $10,000 is designated and 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 Renovation, Construction, Repairs and Maintenance Projects at 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 .................... $

459 20,000
897 259
438,282 98,930 6,275 9,265 6,925
3,650 6,000 24,000 288,800 89,600 971,727

460

JOURNAL OF THE SENATE

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

27
438,282 98,930 6,275 9,265 6,925 3,650
6,000 24,000 288,800 89,600
27 5

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

Section 15. Department of Banking and Finance.
Budget Unit: Department of Banking and Finance ...............................$
Administration and Examination Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $

3,509,087
2,910,325 145,297 252,000 ---0-- 19,550 5,700 9,150 127,800 37,265 2,000
3,509,087 3,509,087
102
2,910,325 145,297 252,000 --0-- 19,550 5,700

THURSDAY, JANUARY 26, 1984
Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Positions Budgeted Authorized Motor Vehicles

461
9,150 127,800 37,265
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 ........ $ 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

4,619,257
555,074 38,100 10,000
6,750
39,297 11,220 12,500 5,940 --0--
1,244,025
50,000 10,000 335,000 2,317,906 2,249,287
18
710,411 22,275 39,250 --0-- 8,900
400 1,000 52,396 20,650 23,925
1,000,000 1,879,207
815,440 24

462

JOURNAL OF THE SENATE

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 ........... $ Economic Development Grants ............. $ Community Development Block
Grants (Federal) ....................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

742,790 20,920 45,500 --0-- 9,000 350 --0-- 54,579 20,900 5,000 180,000
42,000,000 43,079,039
851,668 24

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 .............$ Appalachian Regional Commission
Assessment............................ $ Appalachian Regional Commission
Matching Grants ....................... $ Appalachian Regional Commission
Grants (Federal) ....................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

658,858 14,493 23,710 --0-- 15,950 --0-- 5,600 41,481 17,100 3,180
89,777
25,000
8,500,000 9,395,149
702,862 19

Budget Unit Object Classes:

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

2,667,133 95,788 118,460 --0-- 40,600 750 6,600 187,753 69,870 44,605

THURSDAY, JANUARY 26, 1984

463

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

5,940
1,244,025 335,000
50,000 10,000
25,000 180,000
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 ...................... $

1,900,951 219,738 76,836 47,000 46,441 108,610 14,600 138,486

464

JOURNAL OF THE SENATE

Telecommunications ......... Per Diem, Fees and Contracts Rental Assistance Payments . . Grants to Housing Sponsors .
Total Positions Budgeted Authorized Motor Vehicles

280,078 66,599 11,000,000 500,000
78 29

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

$ 6,031,984
549,221 98,537 6,109 7,000
1,000 128,304 114,189 21,893 926,253 906,253
20
1,084,042 67,891 5,683
68,110 144,925 24,909
5,000 1,495,560 1,409,566
52
375,212 20,572

THURSDAY, JANUARY 26, 1984

465

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

14,810 24,000 5,000
1,000 --0-- 19,871 7,000 --0-- 467,465 467,465
13
1,055,612 40,202 19,778 16,000 4,366 1,200 --0-- 119,288 32,826 500
1,289,772 1,289,772
45
1,971,642 112,798 126,150 32,000 14,000 2,172 --0-- 71,052 20,299 9,000
2,359,113 1,958,928
105
5,035,729 340,000 172,530 72,000 125,366 5,372 196,414

466

JOURNAL OF THE SENATE

Real Estate Rentals ......... Telecommunications .........
Per Diem, Fees and Contracts Total Positions Budgeted Authorized Motor Vehicles

469,325 106,927 14,500
235 57

Section 18. Department of Defense.

Budget Unit: Department of Defense....... $ 3,082,932

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

718,984 22,293 5,580 10,000 3,500
400 --0-- --0-- 2,065 10,000
--0-- 772,822 694,204
21

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

936,203 114,449 29,000
--0-- 20,900
1,095 --0-- 5,960 40,150 60,240 22,900 40,000
40,000
--0-- 1,310,897
498,033 36

THURSDAY, JANUARY 26, 1984

467

3. Georgia Air National Guard Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
4. Georgia Army National Guard Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Capital Outlay........................... $ Georgia Military Institute Grant ........... $ Grants to National Guard Units. ........... $ Repairs and Renovations .................. $ Total Funds Budgeted .................... $ 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................................. $

1,207,866 299,130 300 --0-- 850
678,669
2,186,815 297,720 56
1,672,881 609,315 3,250 --0-- 16,300 17,000 --0-- --0-- 24,000 9,500 567,700 996,416 18,000 411,000 85,000
4,430,362 1,592,975
84
4,535,934 1,045,187
38,130 10,000 41,550 18,495 ---0-- 5,960 66,215 79,740 1,269,269

468

JOURNAL OF THE SENATE

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

--0-- 411,000
18,000 40,000 996,416
40,000

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

A. Budget Unit: Department of Education ............................. $1,477,539,712

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

4,418,446 756,798 291,845 --0-- 144,885 13,150 372,483 115,640 91,604 3,575
6,208,426 51,000
3,599,502 165

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 25,350 3,395 ---0-- 11,600
3,625 --0-5,570 455,520 791,859 779,359
2

THURSDAY, JANUARY 26, 1984

469

3. Vocational Education Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities. ................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
4. Public Library Services Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Publications and Printing .................. $ Equipment Purchases ..................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities................................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
5. State Administration Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
6. Administrative Services Budget:
Personal Services ......................... $ Regular Operating Expenses .............. $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $

2,830,496 264,612 202,126 ---0-- 58,971 13,140 294,845 91,999
1,491,776 14,275
5,262,240 2,090,137
93
850,376 204,571
14,800 13,180 --0-- 124,000 37,320 130,000 14,510 1,388,757 744,623
41
1,010,802 298,709 57,500 6,500 8,626 4,522 181,287 27,920 271,950
1,867,816 1,427,265
31
5,001,316 302,191 242,315 ---0-- 198,610 35,073
1,012,221

470

JOURNAL OF THE SENATE

Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted
7. Certification of Public School Personnel Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
8. Planning and Development Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds 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

660,374 115,000 1,060,489
7,645 8,635,234
289,000 4,568,950
198
575,775 29,227
1,390 --0-- 4,650 1,825
17,525
630,392 617,544
29
2,164,752 81,420 88,761 --0-- 75,650 7,750 333,343 55,475
1,211,309 4,018,460 3,258,827
68
63,087 7,560 2,000 6,000 --0-- 5,900 3,500 38,229 126,276 126,276
2

THURSDAY, JANUARY 26, 1984

471

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

69,176 15,010 4,825 --0-- 10,000 6,700 --0-- 8,000 3,585 35,000 152,296 --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 17,640 9,200 1,500 --0-- --0-- 25,140 5,930 46,102
365,397 365,397
7

12. Local Programs Budget:

APEG Grants: Salaries of Instructional Personnel Code Section 20-2-157(a) .......... Salaries of Instructional Personnel Code Section 20-2-152 ...... Salaries of Instructional Personnel Code Section 20-2-153 ...... Salaries of Student Supportive Personnel... Salaries of Administrative and Supervisory Personnel ............

$ 605,928,246 $ 105,535,277 $ 26,145,383 $ 26,057,799 $ 70,874,196

472

JOURNAL OF THE SENATE

Special Education Leadership Personnel ................. $
Instructional Media. .................... $ Instructional Equipment ................ $ Maintenance and Operation. ............. $ Sick and Personal Leave ................ $ Travel ................................$ Pupil Transportation .................... $ Isolated Schools ........................ $ Mid-Term Adjustment .................. $

3,208,038 19,839,999
688,381 92,586,659
5,511,111 1,009,626 87,028,007
541,872 10,885,895

Non-APEG Grants:

Education of Children of

Low-Income Families ................. $ 91,786,680

Teacher Retirement .................... $ 114,125,738

Instructional Services for

the Handicapped ..................... $ 22,786,835

Preparation of Professional

Personnel in Education

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

43,775

Tuition for the Multi-

handicapped ......................... $ 1,172,000

Severely Emotionally

Disturbed ........................... $ 16,431,023

Compensatory Education ................ $ 16,670,810

School Lunch (Federal) ................. $ 78,851,316

School Lunch (State) ................... $ 17,415,469

Supplemental Educational

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

38,018

Staff Development...................... $ 716,448

Supervision and Assessment

of Students and Beginning

Teachers and Performance

Based Certification ................... $ 3,647,090

Cooperative Educational

Service Agencies ..................... $ 3,944,471

Superintendents' Salaries ................ $ 5,169,884

High School Program ................... $ 28,470,079

Area Vocational-Technical

Schools ............................. $ 55,162,690

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

24,511

Junior College Vocational

Program ............................ $ 1,746,433

Transportation Program

for Refugee Children ................. $

2,301

Quick Start Program ................... $ 3,115,236

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

4,612

Comprehensive Employment

and Training ........................ $ 2,290,000

Special Projects Grant .................. $

161,500

Vocational Research and

Curriculum.......................... $ 366,539

Adult Education ....................... $ 3,151,377

THURSDAY, JANUARY 26, 1984

473

Salaries and Travel of

Public Librarians..................... $ 4,553,620

Public Library Materials ................ $ 3,232,625

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 ............... $ 36,791,652

Teacher Health Insurance--

Retired Teachers ..................... $ 6,204,000

Capital Outlay ......................... $ 220,000

Grants to Local School

Systems for Educational

Purposes ............................ $ 78,000,000

Salaries of Extended

Pre-School Personnel. ................. $ 10,915,258

Chapter II--Block Grant

Flow Through ....................... $ 9,129,445

Child Care Lunch

Program ............................ $ 1,000,000

Total Funds Budgeted .................... $1,686,781,956

State Funds Budgeted .................... $1,459,961,832

Total Positions Budgeted

0

Budget Unit Object Classes:

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

17,521,100 1,995,258
926,597 15,700
533,672 95,785 1,002,221 2,005,372 479,464 4,831,979 40,005

APEG Grants:

Salaries of Instructional Personnel Code Section 20-2-157(a) ..........
Salaries of Instructional Personnel Code Section 20-2-152 .............
Salaries of Instructional Personnel Code Section 20-2-153 .............
Salaries of Student Supportive Personnel. . .

$ 605,928,246 $ 105,535,277 $ 26,145,383 $ 26,057,799

474

JOURNAL OF THE SENATE

Salaries of Administrative and Supervisory Personnel ........................... $
Special Education Leadership Personnel ................. $
Instructional Media. .................... $ Instructional Equipment................. $ Maintenance and Operation.............. $ Sick and Personal Leave ................ $ Travel ................................$ Pupil Transportation--
Regular............................. $ Isolated Schools........................ $ Mid-term Adjustment................... $

70,874,196
3,208,038 19,839,999
688,381 92,586,659 5,511,111
1,009,626
87,028,007 541,872
10,885,895

Non-APEG Grants:

Education of Children of

Low-Income Families ................. $ 91,786,680

Teacher Retirement .................... $ 114,125,738

Instructional Services for

the Handicapped ..................... $ 22,786,835

Preparation of Professional

Personnel in Education

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

43,775

Tuition for the Multi-

handicapped ......................... $ 1,172,000

Severely Emotionally

Disturbed ........................... $ 16,431,023

Compensatory Education ................ $ 16,670,810

School Lunch (Fed.).................... $ 78,851,316

School Lunch (State) ................... $ 17,415,469

Supplemental Education

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

38,018

Staff Development...................... $ 716,448

Supervision and Assessment

of Students and Beginning

Teachers and Performance

Based Certification ................... $ 3,647,090

Cooperative Educational

Service Areas ........................ $ 3,944,471

Superintendents Salaries. ................ $ 5,169,884

High School Program ................... $ 28,470,079

Area School Program ................... $ 55,162,690

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

24,511

Junior College Program ................. $ 1,746,433

Transportation for

Refugee Children .................... $

2,301

Quick Start ........................... $ 3,115,236

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

4,612

Special Projects ........................ $ 161,500

Comprehensive Employment

and Training ........................ $ 2,290,000

THURSDAY, JANUARY 26, 1984

475

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 ............... $ Teacher Health Insurance--
Retired Teachers ..................... $ 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

366,539 3,151,377
4,553,620 3,232,625
684,527 2,714,607
441,995 9,758,903 36,791,652
6,204,000 220,000
78,000,000 --0--
10,915,258
1,000,000
9,129,445 638 6

B. Budget Unit: Institutions .............

$ 15,934,110

1. Georgia Academy for the Blind Budget:

Personal Services.................... Regular Operating Expenses .......... Travel ............................. Motor Vehicle Equipment Purchases .. . Publications and Printing............. Equipment Purchases ................ Telecommunications ................. Computer Charges .................. Per Diem, Fees and Contracts ........ Utilities............................ Capital Outlay...................... Total Funds Budgeted ............... State Funds Budgeted ............... Total Positions Budgeted

2,606,258 211,750 3,125 8,000 2,845 17,410 15,595 1,650 7,700 213,014 10,000
3,097,347 2,829,662
148

2. Georgia School for the Deaf Budget:

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

4,624,792 524,299 9,670
400 20,000

476

JOURNAL OF THE SENATE

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

18,495 17,650 7,650 535,173
5,758,129 5,381,726
247
1,990,229 178,212 5,770 --0-- 1,500 15,800 8,488 27,365 77,615 155,688 --0--
2,460,667 2,259,461
96
2,582,494 752,285 22,500 30,600 9,000 85,595 18,152 17,375 --0-- 376,073 280,000
4,174,074 2,930,774
104
2,064,510 585,640 26,051 20,000 2,500 55,490

THURSDAY, JANUARY 26, 1984

477

Computer Charges ....................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities................................. $ Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles
C. Budget Unit: Board of Postsecondary Vocational Education ................... $
Board of Postsecondary Vocational Education Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $

39,500 26,950 31,750 395,694 15,000 3,263,085 2,532,487
90
13,868,283 2,252,186
67,116 58,600 16,245 194,295 86,285 104,935 124,715 1,675,642 305,000
685 80
53,766
121,836 3,762 5,503
121,836 3,762 5,503
--0--

478

JOURNAL OF THE SENATE

Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Positions Budgeted Authorized Motor Vehicles

Provided, that none of the State funds appropriated above may be expended to initiate or commence any new program or project which would create a continuing obli gation of the current funds of the State, unless such pro gram or project has been authorized by the General As sembly.
Provided, that where teaching personnel are paid in whole or in part from funds other than State-local funds, the fund source from which such salary is paid shall bear the pro rata part of the cost of employer contributions to the Teachers' Retirement System and Teachers' Health Insurance applicable to such salary.
Provided, further, that for kindergarten programs, each system shall be allotted instructional units on the basis of one teacher and one aide for each 40 students or major fraction thereof in average daily attendance, except in the case of mentally, physically or emotionally handi capped children, the ratio shall be one teacher and one aide for 24 students or major fraction thereof in average daily membership.
Provided, that of the above appropriation relative to Kindergarten Transportation, funds shall initially be al lotted to local school systems on the basis of projected miles for mid-day transportation. However, allotments shall not exceed actual cost of midday transportation by the local system.
Provided, however, in order to permit extension of the half-day kindergarten program to a full-day program, local systems may elect to use mid-day transportation al lotments to employ aides or certificated instructional per sonnel on a reimbursable basis to the extent that the $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

THURSDAY, JANUARY 26, 1984

479

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 for 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 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 Code Section 20-2-157 for grades 1 - 2, at a ratio of 1:20 students in average daily attendance.
Provided, that local school systems, in accordance with State Board policy, may use additional instructional units earned in grades 1 and 2 to employ either certifi cated or licensed instructional personnel in those grades. Funding for licensed instructional personnel shall include salaries as provided for in APEG Code Section 20-2157(b)(2) and Code Section 20-2-160.
Provided, that of the above appropriation for $716,448 for Staff Development, $71,645 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

480

JOURNAL OF THE SENATE

Compensatory Education, $16,670,810 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 or 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 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 (pursuant to Code Section 20-2-250), based on a total state entitle ment 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.
For the purposes of this Act, common object classes are defined as: Personal Services, Regular Operating Ex penses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Com puter Charges, Real Estate Rentals, Telecommunications, Per Diem, Fees and Contracts and Utilities.

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 ...................

425,000
610,551 14,139 8,400 --0-- 20,000 2,000 126,082 74,046

THURSDAY, JANUARY 26, 1984

481

Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Cost-of-Living Increase--Other
Retirees 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 .................................$ Cost-of-Living Increase--Other
Retirees Employer Contribution .................... $ Total Positions Budgeted Authorized Motor Vehicles

11,633 432,400 48,000
425,000 --0--
1,772,251 425,000 28
610,551 14,139 8,400 --0-- 20,000 2,000 126,082 74,046 11,633
432,400 48,000
425,000 --0-- 28 1

Section 21. Forestry Commission.

Budget Unit: Forestry Commission ............ $ 22,672,708

1. Reforestation Budget:

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

969,498 901,155
5,030 22,445 2,325 231,845 --0-- --0-- 8,870 20,060 387,000 2,548,228 719,745
34

2. Field Services Budget:

Personal Services ......................... $ 16,322,146 Regular Operating Expenses ............... $ 3,555,329

482

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 ............. $ Ware County Grant ...................... $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

87,400 819,800 23,300 934,795 20,000
18,212 495,000 72,695 60,000
--0-- 22,408,677 20,279,052
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 ..................... $ Payments to the University of
Georgia, School of Forestry for Forest Research .................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

710,710 110,520 14,500
6,530 43,500 2,350 131,875 --0-- 20,000
3,800 200,000
300,000 1,543,785 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 ............. $

18,002,354 4,567,004
106,930 848,775 69,125 1,168,990 151,875
18,212 523,870 96,555

THURSDAY, JANUARY 26, 1984

483

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

200,000
300,000 60,000 144,526 387,000
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 ............................. $ 18,112,870

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

572,366 96,450 6,100 8,600 4,000
1,650 6,630 29,300 22,440 3,200 5,500 --0-- 756,236 756,236
21

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

5,872,902 843,624 91,300 457,400 21,500 160,280 --0-- 71,785 174,472 2,600 112,000 7,900 --0--

484

JOURNAL OF THE SENATE

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 ......................... $ Regular 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 ............. $

7,815,763 --0--
7,815,763 207
1,989,848 224,200 323,100 192,550 1,500 221,195 --0-- 54,825 67,428 400 1,320 188,000
3,264,366 3,264,366
55
2,602,526 414,206 22,400 42,500 5,600 22,284 56,311 14,840 81,200 3,100 19,000 --0--
3,283,967 3,283,967
89
1,969,471 107,598 11,000 16,000 50,000 7,325
1,736,944 3,000
471,200 --0--

THURSDAY, JANUARY 26, 1984

485

Postage ...................... Total Funds Budgeted .........
Indirect DOAS Services Funding State Funds Budgeted ......... Total Positions Budgeted

20,000
4,392,538 1,400,000 2,992,538
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 ...................... $ Per Diem, Fees and Contracts ............. $
Evidence Purchased ...................... $ Postage .................................$
Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles

13,007,113 1,686,078
453,900
717,050 82,600 412,734 1,799,885
173,750 816,740
9,300
300,000 53,720
--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 ..............

862,655 40,200 8,000
1,000 4,000 17,431 80,617

486

JOURNAL OF THE SENATE

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

13,248 122,000 1,149,151 1,149,151
25
862,655 40,200 8,000
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.

... $

1. Governor's Office Budget:

Cost of Operations ....................... $
Mansion Allowance....................... $ Governor's Emergency Fund ............... $ Intern Stipends and Travel ................ $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

4,612,565
1,844,714 40,000
2,115,000 118,500
4,118,214 4,118,214

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.

THURSDAY, JANUARY 26, 1984

487

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

400,689 9,000 10,500
2,400
69,913 9,349 25,000 526,851 494,351
15
1,844,714 40,000
2,115,000 118,500 400,689 9,000 10,500
2,400
69,913 9,349 25,000
15 1
3,439,592
2,759,691 95,200 43,006 --0-- 31,200 --0-- 144,780 190,840 50,875 139,000
3,454,592 3,439,592
83

488

JOURNAL OF THE SENATE

Budget Unit Object Classes:

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

2,759,691 95,200 43,006
144,780 190,840 50,875 139,000
83 0

C. Budget Unit: Units Attached for Administrative Purposes Only .

3,794,729

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

164,015 8,275 2,960
4,350
39,600 7,990 8,690 1,321,742 488,428 26,000 2,072,050 1,557,622
8

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

997,476 31,625 11,000 --0-- 4,500 --0-- 14,400 155,822 95,047 3,000
1,312,870 1,312,870
42

THURSDAY, JANUARY 26, 1984

489

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

421,036 44,600 26,500 --0-- 54,573 5,000 3,000 --0-- 12,300 9,384,298 9,951,307 161,349
9
126,514 10,260 1,350 --0-- 8,700 --0-- 1,900 14,802 2,100 7,050 172,676 172,676
4
291,688 11,000 2,480 --0-- 100 --0-- --0-- 15,863 5,200 21,852
348,183 348,183
10
177,906 6,065 8,500

490

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

Budget Unit Object Classes:

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

Regular Operating Expenses ......

Travel ..........................

Motor Vehicle Equipment Purchases

Publications and Printing ............ ...... $

Equipment Purchase!sS ................ ...... $

Computer Charges

...... $

Real Estate Rentals

...... $

Telecommunications

...... $

Per Diem, Fees and Contracts ...... ...... $

Art Grants--State F7unds ............

$

Art Grants--Federal1 FFiunds ......... ...... $

Art Grants--Donatioons ............. ...... $

Total Positions Budg>eetteed

'ehicles

28,768 3,800 14,950 242,029 242,029
5
2,178,635 111,825 52,790
74,263 5,000 19,300 254,855 126,437 9,439,840 1,321,742 488,428 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 .

$ 5,100,000
1,950,000 1,950,000 1,950,000
3,150,000 3,150,000 3,150,000
1,950,000 3,150,000

THURSDAY, JANUARY 26, 1984

491

Section 26. Department of Human Resources.

A. Budget Unit: Departmental Operations ............................ $ 252,820,773

1. General Administration and Support Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities................................. $ Postage .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ Indirect GBA Funding .................... $ Agency Funds ........................... $ Social Services
Block Grant Funds ..................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

4,480,790 3,019,684
63,500 ---0-- 75,697
863 228,356 3,202,934 269,833
75,500 170,200 465,820
--0-- 12,053,177
412,555 ---0--
3,239,884
934,000 7,466,738
178 7

General Administration and Support Functional Budgets

Total Funds Commissioner's Office... $ 551,469 Administrative Appeals. . $ 763,195 Administrative Policy,
Coordination, and
Direction............ $ 144,322 Personnel ............. $ 3,822,524 Support Services ........ $ 1,959,413 Systems Planning,
Development and Training ............ EDP-Planning and
Coordination......... Indirect Cost ..........
Facilities Managements . Community/ Inter
governmental Affairs. . $ 709,815 Undistributed .......... $ (138,791) Total ................. $ 12,053,177

State Funds Pos.

551,469

13

763,195

24

144,322

4

3,750,524

48

1,731,058

54

234,169

$ 101,946 $ (3,147,451) $ 2,766,482

709,815

20

(138,791)

0

7,466,738 178

492

JOURNAL OF THE SENATE

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

5,856,435 143,845 185,050 --0-- 29,300 4,379 105,000 4,100 1,602 15,000 --0-- 205
--0-- 6,344,916
721,800 1,649,200 3,973,916
243 0

Financial Management Functional Budgets

Total Funds

Budget Administration ... $ 1,389,981

Accounting Services ..... $ 3,340,269

Auditing Services ....... $ 1,614,666

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

--0--

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

--0--

Total .................. $ 6,344,916

State Funds Pos.

$ 1,389,981

44

$ 3,340,269

152

$ 1,614,666

47

$ (2,371,000)

0

$

--0--

0

$ 3,973,916 243

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 ...................... $ Per Diem, Fees and Contracts ............. $ Menninger Group Homes. ................. $ Contract--Georgia
Advocacy Office, Inc.................... $ Utilities .................................$ Postage .................................$ Benefits for Child Care ................... $ Total Funds Budgeted .................... $

10,578,265 284,082 429,935 --0-- 89,160 2,110
1,044,752 201,056 341,836
10,191,600 366,000
215,000 50
101,600 761,200 24,606,646

THURSDAY, JANUARY 26, 1984

493

Social Services Block Grant Funds ...........
Indirect DOAS Services Funding . Agency Funds ................. State Funds Budgeted ..........
Total Positions Budgeted Authorized Motor Vehicles

225,657
18,293,312 6,087,677
521 111

Special Programs Functional Budgets

rotal Funds

Special Projects ......... $ 286,900

Children ai Youth

Planning ........... $ 151,149

Troubled Children

Benefits ........... $ 1,127,200

Developmental1

Disabilities .....

$ 247,264

MH/MR Adv'isory

Council ........... $

45,725

Council 01 3tern3.1

and Infi Health ..... $

99,456

Council on Fa.mmily

Planning ........... $

8,800

Communit) ervices ..... $ 9,648,075

Regulatory Services--

Program Direction and

Support ............. $ 351,329

Child Care Licensing . . . $ 1,341,090

Laboratory Improvement $ 515,414

Health Care Facilities

Regulation .......... $ 1,720,677

Compliance Monitoring . $ 233,892

Radiological Health .... $ 545,349

Fraud and Abuse....... $ 1,437,939

Child Support Recovery . $ 6,846,387

Undistributed ..........

Total ................. $ 24,606,646

State Funds Pos.

$ 286,900

0

$ 151,149

4

$ 1,127,200

0

6

1

3

0 9

$$

351,329 1,341,090

9 50

$ 415,414

16

$ 565,893

53

$ 233,892

7

$$$$$

495,349 296,696 676,704
---0--
6,087,677

17 41 305 0 521

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

2,590,456 127,321 51,200 --0-- 56,800 13,000 421,816 --0-- 218,430 12,400 ---0--

494

JOURNAL OF THE SENATE

Postage ...................... Total Funds Budgeted ......... Indirect DOAS Services Funding Agency Funds ................
State Funds Budgeted ......... Total Positions Budgeted Authorized Motor Vehicles

1,200 3,492,623
508,016 135,000 2,849,607
113 0

Public Health--Program Direction and Support Functional Budgets

Total Funds

Director's Office......... $ 544,838

Employee's Health ...... $ 272,821

Health Program

Management ......... $ 689,546

Vital Records ........... $ 1,024,305

Health Services Research . $ 717,434

Primary Health Care ... $ 243,679

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

--0--

Total .................. $ 3,492,623

State Funds Pos.

358,638

7

237,821

9

604,546

26

, 1,009,305

52

: 395,618

12

243,679

7

0

$ 2,849,607

113

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 .................................$ Regional Grants for Prenatal and
Postnatal Care Programs ................ $ Crippled Children Benefits................. $ Kidney Disease Benefits ................... $ Cancer Control Benefits ................... $ Contract for the Purchase of
Clotting Factor for the Hemophilia Program.................... $ Benefits for Medically Indigent High Risk Pregnant Women and Their Infants .......................... $ Grant to Grady Hospital for Cystic Fibrosis Program ................. $ Contract with Emory University for Cancer Research ....................$

5,885,558 2,031,741
252,400 --0--
146,000 7,330
117,090 223,240 46,572 5,718,276 261,249
--0-- 16,800
3,879,000 3,017,800
576,180 2,015,000
100,000
25,000
40,000
113,000

THURSDAY, JANUARY 26, 1984

495

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

60,000
205,000 115,000 226,530 25,078,766 11,350 10,903,077 14,164,339
222 4

Public Health--Family Health Functional Budgets

Total Funds

Stroke and Heart Attack

Prevention............

147,998

Epidemiology ...........

1,000,227

Immunization ...........

359,040

Sexually Transmitted

Diseases ............. $ 219,024

Community Tuberculosis

Center ............... $ 1,079,256

Family Health

Management ......... $ 5,460,133

Infant and Child Health . $ 4,656,856

Maternal Health-Perinatal $ 252,475

Family Planning ........ $ 955,210

Malnutrition............ $ 549,700

Dental Health .......... $ 130,945

Crippled Children ....... $ 5,036,695

Chronic Disease......... $ 1,563,520

Diabetes ............... $ 278,155

Cancer Control ......... $ 2,754,412

Coordination, Education

and Prevention ........ $ 635,120

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

Total .................. $ 25,078,766

State Funds Pos.

$ 147,998

5

$ 840,580

10

$

10

$ 219,024

$ 1,079,256

23

$ 294,446

22

$ 4,542,925

14

$

6

$

14

$

15

$ 130,945

3

$ 2,310,476

55

$ 1,563,520

21

$ 222,855

4

$ 2,754,412

6

8 0 $ 14,164,339 222

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

3,177,682 476,520 48,900 --0-- 61,850 61,481
1,368,995

496

JOURNAL OF THE SENATE

Utilities......................
Postage ...................... Total Funds Budgeted ......... Indirect DOAS Services Funding Agency Funds ................ State Funds Budgeted .........
Total Positions Budgeted Authorized Motor Vehicles

--0-- 13,300 5,208,728
1,278,720 3,930,008
137 1

Public Health--Community Health Functional Budgets

Total Funds

Occupational and

Radiological Health ... $ 802,323

Laboratory Services.. ....$ 3,754,935

Emergency Health ......$ 641,470

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

10,000

Total .................. $ 5,208,728

State Funds Pos.

$ 263,551

6

$ 3,075,487

119

$ 580,970

12

$ 10,000

0

$ 3,930,008

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

13,755,949 22,470,699
481,050 --0-- 28,900 41,193 --0--
175,370 184,650 4,745,503
--0-- 32,150 293,323
3,000,000
45,000 75,000 175,000 1,407,200
250,000
3,780,000 33,686,910 84,627,897
129,350 35,157,761 49,340,786

THURSDAY, JANUARY 26, 1984
Total Positions Budgeted Authorized Motor Vehicles

497
540 2

Public Health--Local Services Functional Budgets

Total Funds

Minimum Foundation . . . $ 6,992,727

Newborn Follow Up

Care ............... $ 301,507

District Dental......... $ 1,125,833

District Stroke and Heart

Attack Prevention .... $ 1,310,234

Sickle Cell, Vision

and Hearing ......... $ 472,780

High Risk Pregnant

Women and Infants . $ 4,318,455

District Sexually

Transmitted Diseases . $ 1,079,850

District Family Planning $ 6,057,050

Malnutrition ........... $ 26,192,129

Grant in Aid to Counties $ 32,284,581

Teenage Pregnancy

Prevention...........

250,000

District Crippled

Children . .

$ 2,578,647

Emergency Hlealth ....... $ 1,327,973

Primary Heal1th Care

$ 336,131

Undistributed1..... ......

Total . .

$ 84.627.897

State Funds Pos.

$ 6,831,521

191

$ 301,507

11

$ 915,658

17

$ 780,234

18

$ 472,780

15

$ 4,318,455

19

$ 85,000

27

$ 2,849,334 177

$

---0--

10

$ 30,116,228

0

250,000

$ 1,806,340

36

$ 277,598

9

$ 336,131

10

0

$ 49.340.786

540

Mental Health--Program Direction and Support Budget:

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

Regular Operating Expenses ........... .... $

Travel .............................. . $

Motor Vehicle Equipment Purchases .... $

Publications and Printing .............. .... $

Equipment Purchases ................. .... $

Computer Charges ................... .... $

Real Estate Rentals .................. .... $

Telecommunications .................. .... $

Per Diem, Fees and Contracts ......... .... $

Utilities ............................. . $

Postage ............................. . $

Total Funds Budgeted ................ .... $

Social Services Block Grant Funds. . .

$

Indirect DOAS Services Funding ....

$

Agency Funds .......................

$

State Funds Budgeted ................ .... $

Total Positions Budgeted

3,977,377 126,098 114,250 -- -0 --
41,834 1,055
1,074,219 1,664
293,034 173,300
--0--
1,050 5,803,881
15,000 1,000,197
510,540 4,278,144
126

498

JOURNAL OF THE SENATE

Mental Health--Program Direction and Support Functional Budgets

Total Funds

Administration.......... $ 3,197,344

Special Projects

and Contracts......... $

60,000

Program Coordination ....$ 2,546,537

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

--0--

Total .................. $ 5,803,881

State Funds Pos.

$ 2,197,147

57

$

--0--

2

$ 2,080,997

67

$

--0--

0

$ 4,278,144

126

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 .......................... $ Benefits for Child Care ................... $ 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-- 19,905,552 --0-- --0-- 479,964 14,937,115 35,322,631 7,209,050
15,098,253 13,015,328
0

Purchase of Social Services Functional Budgets

Total Funds

Work Incentive Benefits . . $ 479,964

Legal Services .......... $ 435,000

AFDC--Family Foster

Care ................ $ 3,895,045

AFDC--Institutional Foster

Care ................ $ 1,348,519

Specialized Foster Care . . $ 357,003

Child Welfare-

Family Foster Care.... $ 7,609,011

Adoption Supplement .... $ 544,663

Liability Insurance ...... $

16,000

Emergency Shelter Care . $

99,428

Day Care .............. $ 18,808,789

Psychiatric, Psychological

and Speech Therapy ... $ 148,000

Maternity Care ......... $

50,000

State Funds Pos.

$ 47,996

0

$ 210,000

0

$ 1,279,947

0

$ 443,135

0

$ 80,603

0

6,123,011

0

544,663

0

16,000

0

99,428

0

3,227,836

0

148,000

0

50,000

0

THURSDAY, JANUARY 26, 1984

499

Return of Runaways--

County .............. $

7,000

$

7,000

0

Child Welfare Institutional

Foster Care .......... $ 567,082

$ 567,082

0

Home Management--

Contracts ............ $ 161,447

$ 23,899

0

Outreach--Contracts .... $ 773,680

$ 124,728

0

Special Projects ......... $

22,000

$ 22,000

0

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

--0--

$

--0--

0

Total ..................$ 35,322,631

$ 13,015,328

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

1,152,204 31,594 26,750 --0-- 6,050 795 --0-- --0-- 28,004 347,000
1,592,397 --0-- --0--
1,592,397 38 0

11. Services to the Aged Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ Total Funds Budgeted .................... $ Social Services
Block Grant Funds ..................... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

2,111,688 47,128 82,650
23,500
20,100 53,335 20,557,854 --0-- 6,200 22,902,455
3,368,035 17,146,078 2,388,342
80 224

500

JOURNAL OF THE SENATE

Services to the Aged Functional Budgets

Total Funds

Administration and

Planning ............. $ 2,705,281

Aging Services.......... $ 19,189,574

Alternative Health Services $ 1,007,600

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

--0--

Total .................. $ 22,902,455

State Funds Pos.

$ 610,556

41

$ 1,452,876

0

$ 324,910

39

$

--0--

0

$ 2,388,342

80

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 .................................$ Grants for Nephrology Centers............. $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted

1,551,362 82,779 56,500 --0-- 31,000 8,130 669,533 --0-- 104,610 225,095 --0-- 2,400 220,500
2,951,909 --0--
1,683,795 1,268,114
50

Rehabilitation Services--Program Direction and Support Functional Budgets

Total Funds

Program Direction and

Support.............. $ 2,438,665

Grants Management ..... $ 513,244

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

--0--

Total ..................$ 2,951,909

State Funds Pos.

$ 866,676

48

$ 401,438

2

$

--0--

0

$ 1,268,114

50

13. Rehabilitation Services-- Facilities Budget:

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

3,675,845 731,758 21,700 49,359 2,660 56,441

THURSDAY, JANUARY 26, 1984

501

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

--0-- 266,402 48,520 144,500 95,850
6,000
5,099,035
4,187,162 911,873 161 19

Rehabilitation Services--Facilities Functional Budgets

Total Funds

Atlanta Rehabilitation

Center. .............. $ 1,848,130

Alto Rehabilitation Center $ 271,878

Rehabilitation Center for

the Deaf--Cave Spring $ 399,254

Central Rehabilitation

Center ............... $ 521,077

Georgia Vocational

Adjustment

Center--Gracewood ... $ 338,218

Ireland Rehabilitation

Center ............... $ 336,096

M.S. McDonald

Evaluation Center ..... $ 177,840

J.F. Kennedy Center..... $ 397,892

Production Workshop ... $ 808,650

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

--0--

Total .................. $ 5,099,035

State Funds Pos.

357,136

65

62,219

10

89,184

16

118,281

18

77,366

17

77,136

13

40,040

6

90,511

16

--0--

0

0

$ 911,873

161

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

8,101,241 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

502

JOURNAL OF THE SENATE

Capital Outlay........................... $ Operations .............................. $ Total Funds Budgeted .................... $
Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted .................... $
Total Positions Budgeted Authorized Motor Vehicles

--0-- --0-- 11,944,565
50,000 8,630,075 3,264,490
413 24

Roosevelt Warm Springs Rehabilitation Institute-- Functional Budgets

Total Funds

Administration.......... $ 4,349,882

Rehabilitation Services ... $ 7,594,683

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

--0--

Total .................. $ 11,944,565

State Funds Pos.

$ 1,776,318

146

$ 1,488,172 267

$

--0--

0

$ 3,264,490 413

15. Georgia Factory for the Blind Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities................................. $ Postage ................................. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

3,413,202 5,129,678
16,500 72,000 6,300 --0-- --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

Operations ............. $ 8,388,245

Supervision............. $ 423,435

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

--0--

Total ..................$ 8,811,680

State Funds Pos.

$

--0--

9

$ 423,435

18

$

--0--

0

$ 423,435

27

16. Rehabilitation Services Budget:

Personal Services......................... $ 15,448,994 Regular Operating Expenses ............... $ 359,729 Travel..................................$ 433,000

THURSDAY, JANUARY 26, 1984

503

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 ............................ $ E.S.R.P. 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

--0-- 14,750 15,400 18,100 638,766 401,000 376,400 60,000 80,680
3,830,000 65,000
8,719,899 75,000
108,000 140,000 30,784,718 50,000 20,430,631 10,304,087
593 5

Rehabilitation Services Functional Budgets

Total Funds District Field Services.... $ 25,763,073 Independent Living ...... $ 237,645 Sheltered Employment ... $ 954,000 Community Facilities .... $ 3,830,000 Undistributed ........... $
Total .................. $ 30,784,718

State Funds Pos.

$ 5,928,510

573

$ 76,321

5

$ 469,256

15

$ 3,830,000

0

0

$ 10,304,087

593

17. Rehabilitation Services-- Disability Adjudication Budget:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ......... $ Utilities.................... ......... $ Postage ................................. $ Case Services............................ $ Total Funds Budgeted .................... $ Agency Funds ........................... $

8,671,328 311,655 29,608
49,817 7,606 289,724 539,369 413,865 570,680
203,000 9,028,500 20,115,152 20,115,152

504

JOURNAL OF THE SENATE

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

--0-- 408

18. Public Assistance Budget:

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

--0--

Regular Operating Expenses ............... $ 14,282,352

Travel ..................................$

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

Publications and Printing .................. $

Equipment Purchases .................... $

Computer Charges ....................... $

Real Estate Rentals ...................... $

Per Diem, Fees and Contracts ............. $ 504,000

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

36,200

AFDC Benefits .......................... $ 201,825,716

Total Funds Budgeted .................... $ 216,648,268

Agency Funds ........................... $ 150,301,068

State Funds Budgeted .................... $ 66,347,200

Total Positions Budgeted

0

Public Assistance Functional Budgets

Total Funds

Refugee Benefits ........ $ 2,101,050

AFDC Payments ........$ 201,825,716

SSI-Supplement Benefits . $

36,200

Energy Benefits ......... $ 12,685,302

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

--0--

Total .................. $ 216,648,268

State Funds Pos.

$

--0--

0

$ 66,311,000

0

$ 36,200

0

$

--0--

0

$

--0--

0

$ 66,347,200

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 ......................... $ Grants to Fulton County for
24-hour Emergency Social Services. .............................. $ Homemaker Meals ....................... $ Chatham County Homemaker Project ...............................$

15,000
2,926,000 61,272,490 46,081,215
182,400 94,437 448,213

THURSDAY, JANUARY 26, 1984

505

Douglas County Homemaker

Project ...............................$ 114,394

Fulton County Homemaker Project ......... $ 296,782

Total Funds Budgeted .................... $ 111,430,931

Agency Funds ........................... $ 43,303,531

Social Services

Block Grant Funds ..................... $ 15,740,990

State Funds Budgeted .................... $ 52,386,410

Total Positions Budgeted

0

Local Services--Community Services and Benefits Payments Functional Budgets

Total Funds

Local Services--Benefits

Payments Grants ...... $ 61,272,490

Grants to Counties

for Social Services .....$ 46,081,215

Food Stamp Issuance .... $ 2,941,000

Grants to Fulton County

for 24-hour Emergency

Services.............. $ 182,400

Homemaker Projects..... $ 953,826

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

--0--

Total .................. $ 111,430,931

State Funds Pos.

$ 30,566,245

0

$ 21,265,339

0

$

--0--

0

$ 182,400

0

$ 372,426

0

$

--0--

0

$ 52,386,410

0

20. Family and Children Services--Program Direction and Support Budget:

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

10,263,250 354,628 394,104 --0-- 866,965 10,725
7,429,108 199,310
1,224,780 3,531,505
5,500 641,800 24,921,675 12,398,123 619,875
3,075,795 8,827,882
375

506

JOURNAL OF THE SENATE

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

Total Funds

Director's Office......... $ 572,551

Administration

and Management ......$ 3,550,775

District Administration... $ 3,723,972

Program Planning

and Development ......$ 1,119,429

Program Management

and Training ......... $ 5,177,861

Management Information

Systems.............. $ 9,814,674

Child Development

Administration ........ $ 962,413

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

--0--

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

--0--

Total ..................$ 24,921,675

State Funds Pos.

$ 572,551

9

$ 2,317,122

95

$ 3,723,972

106

$ 1,119,429

16

$ 1,993,906

58

$ 5,266,730

57

$ 962,413

34

$ (7,128,241)

0

$

--0--

0

$ 8,827,882 375

Budget Unit Object Classes:

Personal Services......................... $ 104,691,626

Regular Operating Expenses ............... $ 51,766,511

Travel ..................................$ 2,730,097

Motor Vehicle Equipment Purchases ........ $ 167,350

Publications and Printing .................. $ 1,545,583

Equipment Purchases ..................... $ 362,451

Computer Charges ....................... $ 11,442,698

Real Estate Rentals ...................... $ 5,472,311

Telecommunications ...................... $ 3,806,571

Per Diem, Fees and Contracts ............. $ 72,570,230

Utilities .................................$ 877,200

Postage .................................$ 1,590,205

Capital Outlay........................... $

--0--

Grants for Regional Prenatal

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

Crippled Children Benefits................. $ 4,425,000

Crippled Children Clinics ................. $ 554,572

Kidney Disease Benefits ................... $ 576,180

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.................. $ 33,686,910

Work Incentive Benefits ................... $ 479,964

Grants to Fulton County

for 24-hour Emergency

Social Services ......................... $ 182,400

Benefits for Child Care ................... $ 15,698,315

Homemaker Meals ....................... $

94,437

Chatham County

Homemaker Project .................... $ 448,213

THURSDAY, JANUARY 26, 1984

507

Douglas County

Homemaker Project ....................$ 114,394

Fulton County Homemaker Project ......... $ 296,782

Grants for Nephrology Centers ............. $ 220,500

Case Services ............................ $ 17,823,399

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

75,000

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

36,200

AFDC Benefits .......................... $ 201,825,716

Local Services Benefits

Payments Grants ....................... $ 61,272,490

Grants to Counties for Social

Services ...............................$ 46,081,215

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

Grant for Teenage Pregnancy

Prevention Program .................... $ 250,000

Contract--Cancer Research

at Emory ............................. $ 113,000

Contract--Macon-Bibb County

Hospital Authority ..................... $ 3,000,000

Cerebral Palsy Contract................... $ 140,000

Grants to Counties for

Metabolic Disorders

Screening and Testing .................. $

45,000

Contract with Auditory

Educational Clinic...................... $

60,000

Total Positions Budgeted

4,224

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

508

JOURNAL OF THE SENATE

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 $66,311,000 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

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

THURSDAY, JANUARY 26, 1984
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 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....................... $
State Health Planning and Development Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Publications and Printing .................. $ Equipment Purchases ..................... $

509
452,232 593,499 47,202
4,599 2,100 --0--

510

JOURNAL OF THE SENATE

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

15,000 80,200 24,800 69,939 6,600 843,939 --0-- 391,707 452,232
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 ............................ $ 283,055,700

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

9,296,496 1,111,510
9,000 25,159 4,200 38,072 197,209 --0-- 108,070 253,065 365,682 9,150 --0-- --0-- 11,417,613 1,539,865 65,900 9,811,848
497

THURSDAY, JANUARY 26, 1984

511

Authorized Motor Vehicles

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

11,908,281 1,401,687
12,700 --0--
7,000 31,700 143,544 --0--
141,026
310,130 587,994
13,000
--0-- --0-- 14,557,062
2,582,236 102,100
11,872,726
622 25

3. Georgia Regional Hospital at Savannah Budget:

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

9,685,368 899,030 12,000 20,055 2,300 42,347 138,617 --0-- 117,433 143,720 444,860 7,500 --0-- --0--
11,513,230 1,264,761
93,300 10,155,169
505 22

4. West Central Georgia Regional Hospital Budget:

Personal Services.

. . $ 7,992,438

512

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

849,739 12,400 44,740 5,120 38,776 112,192 --0-- 113,420 .38,250
480,231 12,500 --0-- --0--
9,699,806 1,381,807
82,300 8,235,699
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 ....................... $ 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

12,148,753 1,138,951
8,400 10,200
800 73,475 149,677 --0-- 106,469 41,600 1,266,388 9,125 --0-- --0-- 14,953,838 3,667,481 93,300 11,193,057
678 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 ....................... $

27,659,122 2,706,659 6,525 39,630 4,620 233,724 --0--

THURSDAY, JANUARY 26, 1984

513

Real Estate Rentals ...................... $
Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities................................. $ Postage .................................$ Capital Outlay........................... $
Total Funds Budgeted .................... $ Agency Funds ........................... $ Indirect DO AS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted--
July 1, 1983 Total Positions Budgeted--
June 30, 1984 Authorized Motor Vehicles

--0-- 299,316 149,000 1,859,698
10,000 343,000 33,311,294 11,769,282 100,000 21,442,012
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 ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities. ................................$ Postage .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

19,500,370 1,880,752
14,000 15,855 4,000 253,819 158,123 --0-- 161,570 217,920 918,040 16,000 --0-- 23,140,449 7,428,928 98,800 15,612,721
1,104 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........................... $

16,352,816 2,443,810
11,700 48,536 5,100 60,468 166,943 --0-- 220,744 107,770 1,360,380 12,750 219,877 --0--

514

JOURNAL OF THE SENATE

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

21,010,894 8,446,391
109,800 12,454,703
887
882 39

9. Georgia Mental Health Institute Budget:

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

10,081,634 1,154,829
12,400 --0-- 3,950 49,577 180,651 --0-- 184,040 647,715 1,476,180 12,000 --0-- --0-- 13,802,976 1,494,184 202,100 12,106,692
510 20

10. Central State Hospital Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ Authority Lease Rentals .................. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $

72,123,814 9,651,711
25,800 159,895 17,500 255,098 664,798
---0-- 494,233 226,800 5,627,147 42,500 522,563 275,000 90,086,859 24,503,006 677,400 64,906,453

THURSDAY, JANUARY 26, 1984

515

Total Positions Budgeted-- July 1, 1983
Total Positions Budgeted--
June 30, 1984 Authorized Motor Vehicles

3,953
3,922 215

Central State Hospital Functional Budgets

Total Funds Mental Health/Mental
Retardation Services ... $ 77,479,776 Veterans Services ....... $ 7,948,115 Department of Offender
Rehabilitation Services . $ 4,658,968
Total .................. $ 90,086,859

State Funds $ 64,906,453
$ 64,906,453

Pos. 3686/ 3655
267
0 3953/ 3922

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

13,091,576 1,442,330
7,500 57,023 3,200 406,635 ---0-- --0-- 137,165 133,800 985,300 19,500 56,400 16,340,429 334,500 16,005,929
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 .................................$

7,113,566 891,025 11,000
22,295 3,000 40,047
---0-- --0--
65,000 78,900 575,000

516

JOURNAL OF THE SENATE

Postage .................................$ Capital Outlay........................... $
Grants to County-Owned Detention Centers ...................... $
Total Funds Budgeted .................... $ Agency Funds ........................... $ State Funds Budgeted .................... $
Total Positions Budgeted Authorized Motor Vehicles

10,500 45,000
2,140,874 10,996,207
249,305 10,746,902
414 41

13. Community Mental Health/ Mental Retardation Services Budget:

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

9,085,665 543,212 40,300 11,500 3,200 13,000 --0-- 73,075 36,500 459,532 22,600 1,800 --0-- 929,794
50,785,749
579,000 1,324,024 5,320,252
519,212
61,522,029 287,700 177,299 240,500
265,637 2,548,539
2,914,398
10,388,863 148,093,380
30,010,470 50,546,274 67,536,636

THURSDAY, JANUARY 26, 1984

517

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 . $ 1,689,126

Central Pharmacy....... $ 127,093

Metro Drug Abuse

Centers .............. $ 1,212,689

Day Care Centers for the

Mentally Retarded .... $ 51,364,749

Supportive Living .......$ 6,392,609

Georgia State Foster

Grandparent/Senior

Companion Program ... $ 519,212

Community Mental

Retardation Staff...... $ 3,045,930

Community Mental

Retardation Residential

Services.............. $ 10,388,863

Group Homes for

Autistic Children...... $ 265,637

Project Rescue.......... $ 287,700

Drug Abuse Contracts ... $ 929,794

Project ARC ........... $ 177,299

Project Friendship....... $ 240,500

Community Mental Health

Center Services ....... $ 61,773,696

Uniform Alcoholism

Projects.............. $ 2,548,539

Central Laboratory ...... $ 236,142

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

--0--

Total .................. $ 148,093,380

State Funds Pos.

$ 5,808,539 221

$ 1,028,363

40

$ 1,689,126

62

$ 127,093

3

$ 569,599

44

$ 16,629,835

0

$ 3,211,609

0

$ 519,212

0

$ 2,115,143

0

$ 7,042,415

0

$ 265,637

0

$ 124,700

0

$ 921,951

0

$ 177,299

0

$ 240,500

0

$ 25,410,776

0

$ 1,654,839

0

$

--0--

6

$

--0--

0

$ 67,536,636 376

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

8,758,229 1,192,187
376,800 29,384 3,300 20,198 ---0-- 281,500 237,005 --0-- 38,350

518

JOURNAL OF THE SENATE

Postage ................. Child Care Benefits ...... Total Funds Budgeted .... State Funds Budgeted ....
Total Positions Budgeted Authorized Motor Vehicles

22,200 16,000
10,975,153 10,975,153
412 19

Community Youth Services Functional Budgets

Total Funds

Group Homes........... $ 517,412

Community Detention.... $ 1,107,529

Day Centers............ $ 602,533

Community Treatment

Centers .............. $ 1,835,321

Court Services .......... $ 6,136,042

Runaway Investigations . . $ 388,683

Interstate Compact ...... $

77,633

Purchased Services ...... $ 310,000

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

Total .................. $ 10,975,153

State Funds Pos.

$ 517,412

19

$ 1,107,529

17

$ 602,533

23

1,835,321

77

6,136,042 258

388,683

15

77,633

3

310,000

0

0

10,975,153

412

15. Regular Operating Expense Reserve Budget:

Regular Operating Expense ................ $ Total Funds ............................. $ State Funds ............................. $

Budget Unit Object Classes:

Personal Services ......................... $ 234,798,128

Regular Operating Expenses ............... $ 27,307,432

Travel..................................$ 560,525

Motor Vehicle Equipment Purchases ........ $ 484,272

Publications and Printing .................. $

67,290

Equipment Purchases ..................... $ 1,556,936

Computer Charges ....................... $ 1,911,754

Real Estate Rentals ...................... $ 354,575

Telecommunications ...................... $ 2,421,991

Per Diem, Fees and Contracts ............. $ 2,808,202

Utilities .................................$ 16,007,850

Postage .................................$ 198,525

Capital Outlay........................... $ 719,400

Authority Lease Rentals .................. $ 742,440

Grants to County-Owned

Detention Centers ...................... $ 2,140,874

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

THURSDAY, JANUARY 26, 1984

519

Supportive Living Benefits ........... Georgia State Foster
Grandparent/Senior Companion Program .............. Community Mental Health Center Services .................. Project Rescue..................... Project ARC ...................... Project Friendship.................. Group Homes for Autistic Children................. Uniform Alcoholism Projects......... Child Care Benefits ................ Community Mental Retardation Staff. ................ Community Mental Retardation Residential Services .............. Total Positions Budgeted-- July 1, 1983 Total Positions Budgeted-- June 30, 1984 Authorized Motor Vehicles

$ 5,320,252
519,212
61,522,029 287,700 177,299 240,500
265,637 2,548,539
16,000
2,914,398
10,388,863
12,693
12,615 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 $385 to $392 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

520

JOURNAL OF THE SENATE

well as those returning to their communities from the in stitution.
Provided that Community Mental Health Centers shall provide services to clients living within the geo graphic catchment area served by such centers without regard to the length of time such client has resided in such geographic catchment area if such client is other wise eligible to receive services.
Provided, that of the above appropriation relating to Supportive Living Benefits, the Department is provided the flexibility to contract with private homeproviders for services in the home and/or to provide small group resi dences for clients and/or provide respite care services for clients and/or other residential services needed to support clients in the communities.
Provided, however, it is the intent of this General Assembly that no additional Youth Services group homes or community treatment centers be started with Federal Funds without prior approval by the General Assembly of Georgia.
Provided, that of the above appropriation relating to 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 purposes.
Provided, however, the Department is authorized and directed to utilize $123,500 of available surplus and reserves of the Georgia Building Authority (Hospital) for completion of Phase II of the electrical system upgrading and for repair of an elevator in the Powell Building at Central State Hospital
Provided that of the above appropriation relating to

THURSDAY, JANUARY 26, 1984

521

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 ........ $ Publications 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 ............. $

8,618,196
540,086 10,000 69,300 ---0-- 5,400 150 21,622
646,558 646,558
16
353,082 4,800 2,000
47,556
4,170
20,900 432,508 432,508
14
617,361 71,900 65,000 ---0-- 189,500 2,450 18,154 --0-- --0-- 90,870

522

JOURNAL OF THE SENATE

Historic Chattahoochee Commission Contract ................... $
Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Total Positions Budgeted

40,000 1,095,235 1,095,235
26

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

1,480,424 352,988 30,000 --0-- 2,000 11,775 --0-- --0-- 14,190 4,000 110,000
2,005,377 1,915,377
93

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

634,038 208,670
13,000 12,000 35,000
500 3,000 246,469 119,070 17,000 145,000
2,735,000
637,946
25,000 25,000 20,000
485,000
--0-- 5,361,693 3,124,563
24

THURSDAY, JANUARY 26, 1984

523

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

561,848 62,500 92,500 --0-- 15,000
1,400 25,500 42,000 20,500 83,250 904,498 904,498
17
499,457 499,457 499,457
0
4,186,839 710,858 271,800 12,000 294,456 16,275 72,446 288,469 153,760 216,020 145,000 110,000 499,457
2,735,000
637,946
40,000
25,000 25,000 20,000
485,000
--0-- 190

524

JOURNAL OF THE SENATE

Authorized Motor Vehicles
B. Budget Unit: Authorities .................. $
1. Georgia World Congress Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Atlanta Convention and
Visitors Bureau ........................ $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
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
Budget Unit Object Classes:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real 'Estate Rentals ...................... $ Telecommunications ...................... $

21
--0--
3,676,090 1,392,178
36,000 --0-- 24,600 40,000 --0-- --0-- 68,160 200,352
1,000,000 6,437,380
--0-- 147
21,000,000 8,070,228
475,207 472,080 250,108 3,119,000 189,403 512,960
2,089,184 457,142
1,211,582 721,150
24,408,920 --0--
62,976,964 --0-- 780
24,676,090 9,462,406
511,207 472,080 274,708 3,159,000 457,142 189,403 581,120

THURSDAY, JANUARY 26, 1984

525

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

1,411,934
2,089,184 721,150
24,408,920
1,000,000 927 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 ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications 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 .................. $

781,510
661,229 13,259 87,751 --0-- 5,000 ---0-- --0-- 7,971 6,100 200
781,510 781,510
28
661,229 13,259 87,751 --0-- 5,000

526

JOURNAL OF THE SENATE

Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Positions Budgeted

B. Budget Unit: Basic Employment, Food Stamps, Work Incentive, Correctional Services, Comprehensive Employment and Training and Job Training Partnership................... $

3,419,641

1. Basic Employment Security Budget:

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

38,169,861 3,565,157 1,005,000
--0-- 9,200 980,000 14,000 1,430,096 965,000 822,750 --0-- --0-- 46,961,064 1,071,665 1,519

2. 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

2,526,797 100,625 20,000 --0-- 1,000 20,526 1,000 35,000 49,825
1,021,061 226,782 --0--
4,002,616 400,262 82

3. Comprehensive Employment and Training Act (CETA) Budget:

Personal Services ......................... $ 10,611,379 Regular Operating Expenses ............... $ 1,294,973

THURSDAY, JANUARY 26, 1984

527

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

203,000 --0-- 6,000 19,000 5,000
362,000 364,000
12,000 37,469,000 50,346,352
--0-- 422

4. 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

1,770,068 47,851 20,245 --0-- 250 300 1,000 63,000 35,000 10,000
1,947,714 1,947,714
74

5. Job Training Partnership Act Budget

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and
Contracts (JTPA) ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

4,671,596 522,900 75,000 --0-- 2,250 6,750 2,250 135,750 136,500
37,500 5,590,496
--0-- 200

Budget Unit Object Classes:

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

57,749,701 5,531,506 1,323,245
--0--

528

JOURNAL OF THE SENATE

Publications and Printing..... Equipment Purchases ........ Computer Charges .......... Real Estate Rentals ......... Telecommunications ......... Per Diem, Fees and
Contracts (CETA) ........ Per Diem, Fees and
Contracts (JTPA) ......... Per Diem, Fees and Contracts W.I.N. Grants .............. CETA Direct Benefits ....... Capital Outlay.............. Total Positions Budgeted Authorized Motor Vehicles

18,700 1,026,576
23,250 2,025,846 1,550,325
12,000
37,500 1,853,811
226,782 37,469,000
--0-- 2,297
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 ............... Real Estate Rentals ........... Telecommunications ............. Per Diem, Fees and Contracts .... Books for State Library ........... 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

4,631,591
4,062,095 359,664 95,000
30,150 2,590 32,050 311,807 97,735 30,500 55,000
5,076,591 4,631,591
116
4,062,095 359,664 95,000
30,150 2,590 32,050 311,807 97,735 30,500 55,000
116

THURSDAY, JANUARY 26, 1984

529

Authorized Motor Vehicles

Provided, however, that of the above appropriation relative to regular operating expenses, $38,000 is desig nated and committed for Court Reporter Fees.

Section 30. Department of Medical Assistance.

Budget Unit: Medicaid Services............... $ 218,839,832

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

434,572 9,200 6,600 12,000 400 --0-- 55,336 11,600
105,900 635,608 273,921
11

2. Administration Budget:

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

860,673 47,430
5,000 ---0-- 9,810 8,000 ---0-- 215,113 19,774 10,000 163,765 479,504 1,819,069 592,753
38

3. Program Management Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $

1,106,031 51,520 17,910 35,350 --0-- --0-- 263,267

530

JOURNAL OF THE SENATE

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

66,381 9,300,320 10,840,779 1,386,710
41

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

2,356,090 164,080 2,200 144,000 5,000
7,840,660 238,280 91,015 52,000 712,355
11,642,680 1,400,000 8,517,958 1,661,972
121

5. Program Integrity Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Publications and Printing .................. $ Equipment Purchases ..................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage ................................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

1,610,965 40,060 55,385 5,800 --0-- 214,646 46,825 5,000 --0--
1,978,681 844,962 70

6. Benefits Payments Budget:

Medicaid Benefits ........................ $ 662,293,952

Payments to Counties

for Mental Health...................... $ 10,845,445

Total Funds Budgeted .................... $ 673,139,397

State Funds Budgeted .................... $ 214,079,514

Total Positions Budgeted

0

Budget Unit Object Classes:

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

6,368,331 312,290 87,095
12,000 195,360

THURSDAY, JANUARY 26, 1984

531

Equipment Purchases ..................... $

13,000

Computer Charges ....................... $ 7,840,660

Real Estate Rentals ...................... $ 986,642

Telecommunications ...................... $ 235,595

Per Diem, Fees and Contracts ............. $ 9,510,220

Postage ................................$ 876,120

Medicaid Benefits ........................ $ 662,293,952

Payments to Counties for

Mental Health ......................... $ 10,845,445

Audits Contracts ......................... $ 479,504

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 ......................... $ Regular 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 ...................... $

5,269,904
924,368 17,525 12,000 --0-- 54,300 2,405
477,118 --0-- 18,900 5,600 90,300
1,602,516 1,602,516
39
508,278 6,870 1,265 --0-- 5,900 320
166,413 --0--

532

JOURNAL OF THE SENATE

Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ Agency Assessments ...................... $ Total Positions Budgeted
3. Program Evaluation and Audit Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ Agency Assessments ...................... $ Total Positions Budgeted
4. Employee Training and Development Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ Agency Assessments ...................... $ Total Positions Budgeted
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 ...................... $

5,862 1,000 3,000 698,908 698,908
19
320,528 9,070 1,025 ---0-- 950 1,000
216,337 --0-- 5,199 ---0-- 1,100
555,209 555,209
13
567,770 28,800 20,600 --0-- 20,000 2,350 18,103 --0-- 9,150 131,323 4,400 802,496 802,496
23
560,228 10,700 7,500 --0-- 43,000 7,440
371,029 57,985 48,040

THURSDAY, JANUARY 26, 1984

533

Per Diem, Fees and Contracts ............. $ Postage .................................$
Total Funds Budgeted .................... $ Other Health Insurance
Agency Funds ......................... $
Employer and Employee Contributions .......................... $
Total Positions Budgeted

4,284,270 27,460
5,417,652
--0--
5,417,652 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 ......................... $ 316,441

534

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 ...................... $ Totl Positions Budgeted

16,882 9,200 --0-- 15,000 3,760 ---0-- 515,160 4,887 58,000 3,500 942,830 942,830
8

Budget Unit Object Classes:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Federal Sub-grants to
State and Local Agencies ............... $ Health Insurance Claim Payments .......... $ Total Positions Budgeted Authorized Motor Vehicles

3,922,472 109,287 54,890 ---0-- 147,150 31,365
1,315,726 573,145 106,478
12,687,981 135,860
--0-- 166,471,000
161 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.
Provided, however, the Department is authorized to assess no more than $103.50 per merit system employee.

Section 32. Department of Natural Resources.
A. Budget Unit: Department of Natural Resources ............................. $
1. Internal Administration Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $

47,720,627
2,227,077 187,017

THURSDAY, JANUARY 26, 1984

535

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 ................... $ Receipts from Stone Mountain
Memorial Association ................... $ State Funds Budgeted .................... $ Total Positions Budgeted

18,000 8,000 167,290
500 162,164 167,212 69,529 84,200 83,376
494,700
--0-- 75,000 3,744,065
50,000
328,500 3,340,565
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

12,864,974 3,066,405
67,000 830,750 74,000 398,186 44,219 45,438 221,506 77,500 62,466
314,375
350,000 18,416,819
100,000 14,845,330
477

3. Parks, Recreation and Historic Sites Budget:

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

8,917,690 3,615,740
75,000 224,000 95,000 226,000

536

JOURNAL OF THE SENATE

Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage ................................. $ 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

15,000 132,601 236,456 68,400 52,600
1,358,500 250,000 975,000
1,513,000
1,400,000 215,000 186,000 50,000
1,156,800 100,000
20,862,787 100,000
11,769,854 373

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

9,471,542 652,291 235,400 25,200 74,550 33,993 101,880 512,513 175,592 747,500 89,822
1,500,000 6,000,000
250,437
125,000
10,000 20,005,720 16,807,420
311

5. Coastal Resources Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$

714,670 170,312 11,000

THURSDAY, JANUARY 26, 1984

537

Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ..... Postage ......................... Capital Outlay--Buoy Maintenance . 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 ......................... 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--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. ......... 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 ..................

16,100 15,190 21,947 15,000
18,600 7,500 7,139 20,000 1,017,458 957,458
25

34,195,953 7,691,765
406,400 1,104,050
426,030 680,626 338,263 857,764 721,683 985,100 295,403
1,400,000 215,000
6,000,000 1,500,000

250,437

125,000

1,358,500 250,000
75,000 1,513,000
975,000

$ 494,700

$ 186,000

$

50,000

$ 350,000

$ 1,156,800

$

20,000

538

JOURNAL OF THE SENATE

Capital Outlay-- Consolidated Maintenance ............... $
Technical Assistance Contract. ............. $ Contract--Georgia Rural
Water Association ...................... $ Total Positions Budgeted Authorized Motor Vehicles

314,375 100,000
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 ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Outlay........................... $ Campground Sinking Fund ................ $ Promotion Expenses ...................... $ Total Funds Budgeted .................... $

--0--
1,647,232 676,917 3,605 7,000 45,095 106,050 3,700 --0-- 39,940 24,400
2,553,939

THURSDAY, JANUARY 26, 1984

539

State Funds Budgeted . .

Total Positions Budgeted

64

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

2,676,298 1,900,360
31,900
40,065 101,620
--0-- 1,140,000
--0--
50,000 5,995,538
--0-- 165

Budget Unit Object Classes:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment .............................. $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Outlay........................... $ Promotion Expense ....................... $ Campground Sinking Fund ................ $ Payments to the Department
of Natural Resources ................... $ Mortgage Payments ...................... $ Total Positions Budgeted Authorized Motor Vehicles

4,323,530 2,577,277
35,505 7,000 82,390 106,050 21,700 --0-- 80,005 126,020 1,140,000 --0-- --0--
50,000 --0--
229 100

Section 33. Department of Offender Rehabilitation
A. Budget Unit: Departmental Operations ...... $ 22,200,299

540

JOURNAL OF THE SENATE

1. General Administration and Support Budget:

Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges .............. Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ..... Utilities......................... Total Funds Budgeted ............ Indirect DOAS Services Funding . . . State Funds Budgeted ............ Total Positions Budgeted

3,360,445 301,308 34,300
50,000 3,800 775,756 904,193
235,000
576,591
6,241,393 450,000
5,791,393 139

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

4,127,217 114,918 117,530 66,400 ---0-- 30,900 --0-- 3,000 26,600 383,000 --0--
7,093,825 712,500 404,000 984,000
750,000 400,000 15,213,890 15,213,890
165

3. Training and Staff Development Center Budget:

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

715,946 188,070 122,000
---0-- 1,000 15,000 ---0--

THURSDAY, JANUARY 26, 1984

541

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

80,000 22,000 --0-- 51,000 1,195,016 1,195,016
32
8,203,608 604,296 273,830 66,400 51,000 49,700 775,756 987,193 283,600 959,591 51,000
7,093,825 712,500 404,000 984,000
750,000 400,000
336 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.........................

$ 121,336,447

1. Georgia Training and Development Center Budget:

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

1,412,389 67,350 800 --0--
12,200

542

JOURNAL OF THE SENATE

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 .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases .............

127,000 1,642,739 1,642,739
66
5,834,773 242,901 3,000
30 48,600 2,400 550,500 6,707,204 6,707,204
298
1,315,244 49,975 3,400
1,390,449 1,147,876
48
6,108,536 251,139
1,500
29,000

THURSDAY, JANUARY 26, 1984

543

Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $
Per Diem, Fees and Contracts ............. $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Total Positions Budgeted

--0-- --0-- 47,600
3,000 634,000 7,074,775 7,074,775
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 .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

14,303,396 664,678 25,299 30,000 4,500 179,943 --0-- --0-- 120,900 66,100
1,444,000 16,838,816 16,813,816
872

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

9,967,403 403,735 10,415
64,000
120,000 15,360 1,090,000 11,670,913 11,547,913
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 ...................... $

12,248,019 435,030 4,000
85,000
5,440

544

JOURNAL OF THE SENATE

Telecommunications ...................... $ Per Diem, Fees and Contracts ............ $ Utilities .................................$ Payments to Central State
Hospital for Utilities .................... $ Total Funds Budgeted .................... $ State Funds Budgeted ................... $ Total Positions Budgeted

133,000 4,800
334,000
726,500 13,975,789 13,975,789
675

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

3,008,276 99,694 1,200 --0-- --0-- 3,200 --0-- --0-- 14,100 --0-- 272,500
3,398,970 3,398,970
155

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

19,900 --0-- 251,835 2,922,011 2,922,011
135

10. Metro Correctional Institution Budget:

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

3,368,524 104,500 2,300 --0-- --0-- 3,075

THURSDAY, JANUARY 26, 1984

545

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 .................................$ Payments to Central State
Hospital for 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 ..................................$

--0-- 9,100 41,000 10,000 324,100 3,862,599 3,862,599
183
3,246,144 107,687 2,100
4,000
6,000 52,000 --0-- 307,000 3,724,931 3,669,931
176
145,010 4,798,974
--0-- 365,000 69,100 296,375
114,000
100,000 440,000 350,000 881,304 7,559,763 7,369,763
3
600,000 18,000 --0--

546

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

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

3,206,830 4,985,787
7,500
305,000
10,000
2,205,880 53,000
10,773,997 10,143,887
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 ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

744,100 3,564,967
63,800
49,900
4,422,767 4,382,767
37

THURSDAY, JANUARY 26, 1984

547

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

2,230,003 74,300 1,500
6,900 27,000 35,520 215,000 2,590,223 2,590,223
136

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

2,353,040 158,981 4,800
13,460
194,000 36,900 5,800 275,000 --0-- 3,041,981 3,041,981
119

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

4,123,246 180,355 3,000
9,300 32,000
1,800 329,000 4,678,701 4,678,701
245

548

JOURNAL OF THE SENATE

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

4,910,749 928,573
49,700
40,480 --0-- 10,436,000 16,365,502 16,365,502
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

81,688,918 17,217,591
72,389 395,000 73,600 1,155,593
--0-- 230,770 844,490 194,680 6,153,935
2,205,880
879,500
--0-- 881,304 10,436,000
40,480 440,000 350,000
4,445 379

THURSDAY, JANUARY 26, 1984

549

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.
Provided, that the above total funds appropriated for Georgia State Prison, be supplemented by the Georgia Building Authority's (Penal), '1979 Capital Outlay Inter est Reserve'. Provided, further that these funds, ('1979 Capital Outlay Interest Reserve'), be applied by the De partment of Offender Rehabilitation to meet Federal Court ordered changes to the outside perimeter security projects at Georgia State Prison and Federal Court or dered changes to the 'L/M' and 'D' Buildings at Georgia State Prison.
Provided, that the above total funds appropriated for 'Health Services Purchases' includes payments to jails for State prisoner's medical costs.
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 .................................$

9,473,332
7,600,900 294,248 371,650 53,265 25,724 219,542 20,000 570,473 217,730 19,800 80,000
9,473,332 9,473,332
385
7,600,900 294,248 371,650

550

JOURNAL OF THE SENATE

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

53,265 25,724 219,542 20,000 570,473 217,730 19,800 80,000
385 22

D. Budget Unit: Georgia Correctional Industries ............................. $

--0--

Georgia Correctional Industries Budget:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Cost of Sales ............................ $ Repayment of Prior Year's
Appropriations ......................... S Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

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

Budget Unit Object Classes:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Cost of Sales ............................ $ Repayment of Prior Year's
Appropriations ......................... $ Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles

1,649,836 570,700 48,000 102,500 8,000 60,000 1,955 30,500 58,000 234,700
4,573,000
84,000 ---0--
66 16

THURSDAY, JANUARY 26, 1984

551

E. Budget Unit: Probation Field Operations ............................ $ 20,169,878

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

15,935,376 517,292 355,000 --0-- 29,120 114,126 --^0-- 338,050 222,840 5,650 7,000
760,100 18,284,554 16,425,769
746

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

3,456,869 234,655 18,350 19,000 --0-- 85,200 --0-- 246,895 52,000 214,000 --0-- 100,000
4,426,969 3,744,109
186

Budget 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........................... $

19,392,245 751,947 373,350 19,000 29,120 199,326 --0-- 584,945 274,840 219,650 7,000 100,000

552

JOURNAL OF THE SENATE

Grants for Independent Probation Systems......
Total Positions Budgeted Authorized Motor Vehicles

760,100 932 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.

Bttdget Unit: Department of Public Safety ..........................

$ 54,552,913

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

331,436 27,319
15,000 --0-- 18,500 ---0--
13,506 35,203 18,000 13,140
6,000 478,104
196,443 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

3,542,043 1,520,920
96,000 --0-- 72,000 42,128
115,000 77,000 40,000 5,505,091 ---0-- 5,472,273
170

THURSDAY, JANUARY 26, 1984

553

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 2,841,807
4,278 66,000
500 466,582 185,000
75,000 714,000
10,894,841 1,500,000 9,394,841
310

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 4,695,172
23,800 2,945,207
144,000 236,051
--0-- 2,729 387,200 5,000 34,100 --0-- 35,273,725 150,000 35,123,725
992

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

692,700 81,103 28,000
--0-- 16,000 --0--
55,000 47,500 19,000
12,250 5,300

554

JOURNAL OF THE SENATE

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 ............. $ Postage .................................$ Total Funds Budgeted .................... $

1,609,859 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
321,703 41,100 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-- 5,000 4,000 18,500 3,500 3,700 12,000 1,100
189,769

THURSDAY, JANUARY 26, 1984

555

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

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 --0-- 3,000 2,500 500 --0-- 111,053 111,053
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 ....................... $

38,495,060 6,788,143
205,800 2,966,147
506,000 376,102 2,984,613 108,392 641,623 364,771 562,182 185,000

556

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Peace Officers Training Grant.............. $ Driver License Processing ................. $ Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles

1,609,859 714,000 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 ..................... $
Departmental Operations Budget: Payments to Employees' Retirement System ..................... $

11,986,153 168,053

THURSDAY, JANUARY 26, 1984

557

Employer Contributions ................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Budget Unit Object Classes:
Payments to Employees' Retirement System ..................... $
Employer Contributions ................... $

11,818,100 11,986,153 11,986,153
168,053 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 ..................... $ 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.................. $

4,432,078
780,083 42,210 5,271 --0--
500 1,600 2,500 74,733 31,500 5,500 943,897 942,897
22
1,087,458 172,039 36,579 62,774 5,600 4,020 72,750 60,773 28,480 --0--
1,530,473 1,530,473
47
1,427,728 47,914 54,288 7,776 1,200

558

JOURNAL OF THE SENATE

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

5,640 7,338 76,849 31,500 487,000 2,147,233 1,958,708
50
3,295,269 262,163 96,138 70,550 7,300 11,260 82,588 212,355 91,480 492,500 119 26

Section 37. Regents, University System of Georgia.

A. Budget Unit: Resident Instruction and University System Institutions ..................... $ 554,428,528

1. Resident Instruction Budget:

Personal Services: Educ., Gen., and Dept. Svcs.............. $ 493,615,687 Sponsored Operations ................... $ 56,847,893
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ 120,084,530 Sponsored Operations ................... $ 60,045,157
Office of Minority Business Enterprise ..................... $ 302,980
Special Desegregation Programs ............ $ 293,506 Authority Lease Rentals .................. $ 13,370,000 Capital Outlay........................... $ 6,278,557 Total Funds Budgeted .................... $ 750,838,310

Less Agency Funds:

Departmental Income ..................... $ 18,381,555

Sponsored Income ........................ $ 116,893,050

Other Funds. ............................ $ 145,255,569

Auxiliary Income ........................ $

--0--

Indirect Communication Charges ........... $ 3,027,300

State Funds Budgeted .................... $ 467,280,836

Total Positions Budgeted

16,871

THURSDAY, JANUARY 26, 1984

559

Provided, that from appropriated funds in this budget unit, the amount of $13,370,000 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 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-

560

JOURNAL OF THE SENATE

sembly that the 1 Vi% Personal Services continuation fac tor incorporated into the Resident Instruction appropria tion in this Appropriations Act be utilized to provide 2!/2% merit-type increases.
Provided, the Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment Purchases without approval of the Office of Planning and Budget or the Fiscal Affairs Sub-Com mittees.
2. Marine Resources Extension Center Budget:
Personal Services: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Total Funds Budgeted .................... $
Less Agency Funds:
Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted
3. Skidaway Institute of Oceanography Budget:
Personal Services: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Total Funds Budgeted .................... $
Less Agency Funds:
Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted
4. Marine Institute Budget:
Personal Services: Educ., Gen., and Dept. Svcs.............. $

709,160 --0--
229,010 4,072
942,242
--0-- 4,072 139,500 9,800 788,870
28
892,327 800,000
535,070 943,750 3,171,147
--0-- 1,743,750
409,500 --0--
1,017,897 35
413,862

THURSDAY, JANUARY 26, 1984

561

Sponsored Operations ................... $ Operating Expenses:
Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $ Total Funds Budgeted .................... $

162,487
185,290 126,263 887,902

Less Agency Funds:

Departmental Income ..................... $ Sponsored Income .................... $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

5. Engineering Experiment Station Budget:

Personal Services: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Agricultural Research..................... $ Total Funds Budgeted .................... $

10,115,477 23,700,742
6,879,345 19,739,840
490,151 60,925,555

Less Agency Funds:

Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds ............................ $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

--0-- 43,440,582 11,731,875
117,600 5,635,498
353

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

1,193,918 35,000
686,099 15,000
584,286 2,514,303

Less Agency Funds:

Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds ............................. $ Indirect DOAS Services Funding ........... $

--0-- 50,000 1,288,164 12,200

562

JOURNAL OF THE SENATE

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 ........
Total Funds Budgeted .........
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. . 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
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 ......

1,163,939 52
21,851,128 4,927,000 7,589,624 3,673,000 38,040,752
8,600,000 6,839,745
95,900 22,505,107
861
$ 24,978,670 $ 4,590,000 $ 3,295,629 $ 2,010,000 $ 34,874,299
$ 6,600,000 $ 5,460,000 $ 126,700 $ 22,687,599
962
$ 54,358,592 $ 2,819,815 $ 23,616,746 $ 670,000 $ 1,278,928 $ 82,744,081

THURSDAY, JANUARY 26, 1984

563

Less Agency Funds:
Departmental Income .......... Sponsored Income ............. Other Funds.................. Board of Corrections .......... Indirect DOAS Services Funding State Funds Budgeted ......... Total Positions Budgeted
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. ....... Fire Ant Research .......... Total Funds Budgeted .......
Less Agency Funds:
Departmental Income .......... Sponsored Income ............. Other Funds.................. Indirect DOAS Services Funding State Funds Budgeted ......... Total Positions Budgeted
11. Veterinary Medicine Teaching Hospital Budget:
Personal Services: Educ., Gen., and Dept. Svcs. Sponsored Operations ......
Operating Expenses: Educ., Gen., and Dept. Svcs. Sponsored Operations ......
Total Funds Budgeted .......
Less Agency Funds:
Departmental Income .......... Sponsored Income ............. Other Funds.................. Indirect DOAS Services Funding State Funds Budgeted ......... Total Positions Budgeted

1,364,700 3,489,815 50,116,291 1,548,498
193,500 26,031,277
3,091
$ 1,058,723 402,498 340,344 150,000
1,951,565
1,951,565 61
720,489 --0--
972,000 1,692,489
1,355,178

564

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

134,223
94,634
1,948,000 1,785,000
150,000 185,000 4,296,857 4,296,857
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 .................... $

645,800

Less Agency Funds:

Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

820,221
132,620 32

Budget Unit Object Classes:

Personal Services: Educ., Gen., and Dept. Svcs.

$ 610,688,056

THURSDAY, JANUARY 26, 1984

565

Sponsored Operations ................... $ 93,882,937

Operating Expenses:

Educ., Gen., and Dept. Svcs.............. $ 164,877,516

Sponsored Operations ................... $ 87,227,082

Office of Minority

Business Enterprise ..................... $ 302,980

Special Desegregation Programs ............ $ 293,506

Fire Ant Research ....................... $ 150,000

Agricultural Research. .................... $ 830,495

Advanced Technology

Development Center .................... $ 584,286

Capitation Contracts for

Family Practice Residency............... $ 1,948,000

New Program Development

Contracts for Family

Practice Residency ..................... $ 150,000

Residency Capitation Grants ............... $ 1,785,000

Student Preceptorships .................... $ 185,000

Authority Lease Rentals .................. $ 13,370,000

Capital Outlay--ETMH

Renovations ........................... $ 1,278,928

Capital Outlay........................... $ 6,278,557

Total Positions Budgeted

22,423

B. Budget Unit: Regents Central Office ........ $ 17,504,721

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

3,227,215 609,139
5,667,400 547,500 500,000 200,000
6,563,467
190,000 17,504,721 17,504,721
100

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

3,227,215 609,139
5,667,400 547,500 500,000 200,000
6,563,467
190,000 100 0

566

JOURNAL OF THE SENATE

Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $772 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student.
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

3,878,941
3,080,162 --0--
2,756,558 --0--
5,836,720
1,957,779 3,878,941
137
3,080,162 2,756,558
137 14

Section 38. Department of Revenue.

Budget Unit: Department of Revenue ....... $ 37,968,916

1. Departmental Administration Budget:

Personal Services ......................... $ County Tax Officials/Retirement
and FICA............................. $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $

1,072,256
979,118 168,563 16,000
9,290 12,600 11,796 9,000 --0--

THURSDAY, JANUARY 26, 1984

567

Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$
Total Funds Budgeted .................... $ Indirect Georgia Building
Authority Rents........................ $
State Funds Budgeted .................... $ Total Positions Budgeted

23,777 3,000
150 2,305,550
--0-- 2,285,550
32

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

5,296,782 481,450 1,500
--0-- 315,000
37,947 2,738,542
--0-- 95,459
157,258 760,000 311,400
---0-- 10,195,338
1,689,168 8,506,170
243

Provided, that of the above appropriated amount re lating to motor vehicle tag purchases, $760,000 is desig nated and committed for use in contracting with the De partment of Offender Rehabilitation for the production of at least 760,000 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 ............. $

1,282,859 64,770 79,000 23,100 151,000 3,775 289,847
21,063
145,000

568

JOURNAL OF THE SENATE

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

1,430,000 12,300
3,502,714
--0-- --0-- 3,502,714
57
1,569,787 20,550 1,400 --0-- 75,470 6,012 506,000 --0-- 29,113 --0-- 100,500
2,308,832 350,600
1,958,232 83
741,230 5,450 1,000 --0-- 49,524 1,514
263,000
14,793
1,076,511 --0--
1,076,511 36
2,813,050 50,700 3,000 --0-- 397,000 10,170

THURSDAY, JANUARY 26, 1984

569

Computer Charges ............ Real Estate Rentals ........... Telecommunications ........... Per Diem, Fees and Contracts . . Postage ...................... Total Funds Budgeted ......... Indirect DOAS Services Funding State Funds Budgeted ......... Total Positions Budgeted
7. Central Audit Budget:
Personal Services ....................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications .................... $ Per Diem, Fees and Contracts ............. $ Postage ................................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
8. Field Audit Services Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ......$ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted
9. Internal Administration Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $

2,535,469
44,249
388,354 6,241,992 1,715,232 4,526,760
128
2,536,610 16,040
538,000 --0-- 3,200 3,200 4,000 --0-- 19,754 1,500 75
3,122,379 3,122,379
80
7,023,128 203,240 272,300 56,140 47,200 21,000 130,825 326,098 217,096 ---0-- 68,034
8,365,061 90,000
8,275,061 304
1,464,336 184,770 800 23,670 360,000 56,438 144,000

570

JOURNAL OF THE SENATE

Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ Indirect Georgia Building
Authority Rents........................ $ State Funds Budgeted .................... $ Total Positions Budgeted

998,828 14,700 33,773
1,434,224 4,715,539
--0-- 4,715,539
70

Budget Unit Object Classes:

Personal Services......................... $ County Tax Officials/Retirement
and FICA............................. $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Loans to Counties/Property
Reevaluation .......................... $ Grants to Counties/Appraisal
Staff .................................$ Motor Vehicle Tag Purchases .............. $ Motor Vehicle Decal Purchases ............ $ Postage .................................$ Total Positions Budgeted Authorized Motor Vehicles

23,800,038
979,118 1,195,533
913,000 112,200 1,410,994 151,852 6,620,683 1,324,926 480,004 340,531
--0--
1,430,000 760,000 311,400
2,003,637 1,033 60

Section 39. Secretary of State.

A. Budget Unit: Secretary of State ............ $ 12,648,347

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

992,534 84,791 4,824 --0-- 144,663 4,575 8,991 122,227 33,554
225 36,839 1,433,223 1,433,223
41

THURSDAY, JANUARY 26, 1984

571

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

2,105,811 237,372 23,992 --0-- 15,650 54,200 --0-- 32,103 50,203 2,000 20,439 276,000
2,817,770 2,777,770
93

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

856,898 58,903 6,498 7,200 15,839 43,028 67,417 153,389 55,911 15,000 41,212 1,321,295 1,321,295
47

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

348,431 30,752
415
13,810
9,936 75,350 4,510 500,000 983,204 983,204
14

572

JOURNAL OF THE SENATE

5. 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
6. 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
7. 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

549,059 34,854 4,110 --0-- 2,000
1,700 10,000 101,122 13,335 2,100
400 718,680 718,680
19
468,859 41,440 23,150 --0--
700 800 --0-- 10,764 8,800 1,745 2,500 558,758 558,758
15
86,177 3,643 1,180
11,025 2,699 3,860 2,000 113,641 113,641
3

THURSDAY, JANUARY 26, 1984

573

8. 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

2,924,026 729,587 75,242 --0-- 75,000 16,023 92,294 237,774 98,022 353,808 140,000
4,741,776 4,741,776
130

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 .............. $ Private Detective............... $ Psychologists .................. $ Recreation .................... $ Sanitarian .................... $

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 20,322 9,585 1,789 4,264

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 12,715 411,896 209,274 37,542 18,726 18,490

574

JOURNAL OF THE SENATE

Speech Pathology ............. $ Used Car Dealers .............. $ Used Car Parts ................ $ Veterinary .................... $ Wastewater ................... $ Well Water ................... $ Total ......................... $

1,839 8,083 3,263 17,966 5,044
3,770 898,348

$ 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

8,331,795 1,221,342
139,411 7,200
270,719 120,326 178,702 668,404 272,460 454,088 500,000 247,900 276,000
362 72

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

904,684
550,322 93,291 12,000
25,000 5,000 93,531 33,600 17,400 74,540 904,684 904,684
27

Real Estate Commission Functional Budget

State Funds Real Estate Commission. $ 891,913

Cost of

Operations

Pos.

$ 932,863

27

THURSDAY, JANUARY 26, 1984

575

Budget Unit Object Classes:
Personal Services......................... $ Regular 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

550,322 93,291 12,000 --0-- 25,000
5,000 93,531 33,600 17,400 74,540
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 ............... $ Student Incentive Grants .................. $ North Georgia College
ROTC Grants ......................... $ Law Enforcement Personnel
Dependents' Grants..................... $ Osteopathic Medical Loans ................ $

15,959,720
2,126,410 276,780 48,400 --0-- 55,000 17,310 66,220 87,690
2,677,810 --0-- 94
240,000 240,000 173,000
0
3,350,000 10,695,000 3,640,505
137,500
37,000 54,000

576

JOURNAL OF THE SENATE

Georgia Military Scholarship Grants........................
Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. 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 Osteopathic Medical Loans ........ Georgia Military Scholarship
Grants........................ Total Positions Budgeted Authorized Motor Vehicles

64,000 17,978,005 15,786,720
0
2,126,410 276,780 48,400 --0-- 55,000 17,310 66,220 87,690 240,000
3,350,000 10,695,000 3,640,505
37,000
137,500 54,000
64,000 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 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

THURSDAY, JANUARY 26, 1984

577

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 colleges 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 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

578

JOURNAL OF THE SENATE

Grants than were authorized in S.F.Y. 1984 Budget Re port.

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 ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $

854,143
434,877 39,444 43,000 --0-- 12,369 4,150 --0-- 21,485 11,000 122,785 689,110 689,110
12
129,722 13,070 8,000 --0--
400 500 4,500 4,141 3,200 1,500 165,033 165,033
5
564,599 52,514 51,000 --0-- 12,769 4,650 4,500 25,626 14,200

THURSDAY, JANUARY 26, 1984
Per Diem, Fees and Contracts Total Positions Budgeted Authorized Motor Vehicles

579
124,285 17 3

Section 42. Teachers' Retirement System.

Budget Unit: Teachers' Retirement System ...............................$ 2,289,000

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

1,639,478 75,002 21,600 ---0-- 48,825 12,600 443,089 111,000 53,485 266,000 80,000
1,015,000
1,274,000 5,040,079 2,289,000
65

Budget Unit Object Classes:

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

Regular 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

1,639,478 75,002 21,600
48,825 12,600 443,089 111,000 53,485 266,000 80,000
1,015,000
1,274,000 65 1

580

JOURNAL OF THE SENATE

Section 43. Department of Transportation.

Budget Unit: Department of Transportation ......................... $ 407,927,827

1. Planning and Construction Budget:

Personal Services......................... $ 70,476,943

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........................... $ 446,836,614

Geodetic Control ......................... $ 301,558

Total Funds Budgeted .................... $ 531,867,579

State Funds Budgeted .................... $ 180,621,361

Total Positions Budgeted

3,006

2. Maintenance and Betterments Budget:

Personal Services ......................... $ 61,668,922

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........................... $ 59,683,001

Total Funds Budgeted .................... $ 162,708,606

State Funds Budgeted .................... $ 159,511,824

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

4. Assistance to Counties Budget:

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

9,317,013 9,317,013 9,317,013

THURSDAY, JANUARY 26, 1984

581

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

9,231,651 960,097 95,000 --0-- 510,149 --0-- 599,500
1,058,245 275,766 245,974
24,710,358
3,712,000 41,398,740 40,966,740
338

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-

582

JOURNAL OF THE SENATE

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, the Office of Plan ning and Budget is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Ser vices and constitutionally appropriated to the Department of Transportation.
For lease rental obligations of the Department of Transportation to the Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence and for appropriations to the 'State of Georgia General Obligation Debt Sinking Fund' for the specific purpose of paying annual debt ser vice requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transporta tion.
For grants to counties for aid in county road con struction and maintenance to be distributed and dis bursed to various counties of the State by the Fiscal Divi sion of the Department of Administrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage infor mation is furnished by the Department of Transportation.
Provided, further, that a member of the governing authority of the county, designated by such authority, shall submit to the State Auditor a copy of its regular annual audit not later than six months after the end of the fiscal year for which such audit is made. The State Auditor shall compare the amount of funds distributed to each county in such year under the provisions of Code Section 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-

THURSDAY, JANUARY 26, 1984

583

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 ........................ $
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:

301,558
750,000 500,000

Grants to Municipalities .................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended (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.

9,317,000 9,317,000 9,317,000

584

JOURNAL OF THE SENATE

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 ..............

Telecommunications ..............

$

Per Diem, Fees and Contracts .....

$

Capital Outlay--Airport

Development ..................

$

Capital Outlay--Airport

Operational Improvements .......

$

Capital Outlay--Airport

Approach Aid .................

Mass Transit Grants..............

Total Funds Budgeted ............

State Funds Budgeted ............

Total Positions Budgeted

9. Harbor Maintenance Budget:

Harbor Maintenance Payments..... Spoilage Area Acquisition
Clearing and Preparation ........
Total Funds Budgeted ............ State Funds Budgeted ............

499,165 512,900
11,000
200
363,000
1,392,988 1,008,615
16
680,935 45,657 13,500 22,000
400
20,718 673,889 700,000 1,000,000
100,000
4,866,296 8,123,395 3,436,824
22
553,830
3,600,000 4,153,830
553,830

THURSDAY, JANUARY 26, 1984

585

Budget Unit Object Classes:

Personal Services......................... $ 142,557,616

Regular Operating Expenses ............... $ 46,202,389

Travel ..................................$ 1,615,161

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 ............. $ 8,812,533

Capital Outlay........................... $ 506,650,815

Mass Transit Grants...................... $ 4,866,296

Grants to Municipalities .................. $ 9,317,000

Harbor Maintenance Payments ............. $ 553,830

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 ......................... $ 301,558

Spoilage Area Acquisition

Clearing and Preparation ................ $ 3,600,000

Total Positions Budgeted

6,946

Authorized Motor Vehicles

4,800

For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety, the provision of air trans portation services, and for contractual expense for harbor maintenance.
Provided, that the Department of Transportation is authorized to retain such portion of its Air Transporta tion service income as is required to maintain and up grade the quality of its equipment.
Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance up to but not exceeding one-half (W) 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

586

JOURNAL OF THE SENATE

airport project for airports owned by the State of Geor gia.
Provided, that $553,830 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 ...............................$ 12,532,108

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

3,158,904 65,486 84,500 --0-- 17,000 4,000 --0-- 188,768 55,500 8,000 32,200
3,614,358 3,367,829
142 1

2. Veterans Home and Nursing Facility-- Milledgeville Budget:

Capital Outlay........................... $ Equipment Purchases ..................... $ Regular Operating Expenses
for Projects............................ $ Operating Expenses/Payments to
Central State Hospital .................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

7,859,843 7,921,893 6,505,688

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587

3. Veterans Nursing Home-- Augusta Budget:
Capital Outlay........................... $ Equipment Purchases ..................... $ Regular Operating Expenses
for Projects. ........................... $ Operating Expense/Payments to
Medical College of Georgia .............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Budget Unit Object Classes:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Outlay........................... $ Postage .................................$ Operating Expense/Payments to
Central State Hospital .................. $ Operating Expense/Payments to
Medical College of Georgia .............. $ Regular Operating Expenses
for Projects............................ $ Total Positions Budgeted Authorized Motor Vehicles

--0-- 11,960
--0--
3,515,011 3,526,971 2,658,591
3,158,904 65,486 84,500 ---0-- 17,000 43,825 ---0-- 188,768 55,500 8,000 --0-- 32,200
7,859,843
3,515,011
34,185 142 1

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

4,622,840
3,266,580 85,784 37,000 --0-- 34,000 10,000 225,420 383,596 71,875 35,716 61,900

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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

4,211,871 4,196,871
129
347,693 8,830 10,000 --0-- 2,000 350 --0-- 29,896 8,200 12,500 6,500
425,969 425,969
15
3,614,273 94,614 47,000 --0-- 36,000 10,350 225,420 413,492 80,075 48,216 68,400 144 1

Section 46. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) .....
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New).......

$ 133,446,997 6,888,000

Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,667,620 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

THURSDAY, JANUARY 26, 1984

589

Regents at the University System through the issuance of not more than $6,900,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $362,525 is specifically appropriated for the pur pose of constructing and equipping a Regional Youth De velopment Center in Evans County, Georgia, 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, $725,055 is specifically appropriated for the pur pose of financing the construction and equipping the Rogers Correctional facility in Tattnall County, Georgia through the issuance of not more than $3,000,000 in prin cipal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,658,525 is specifically appropriated for the pur pose of constructing and equipping of facilities at South western State Hospital in Thomas County, Georgia through the issuance of not more than $11,000,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $870,065 is specifically appropriated for the pur pose of financing paving and repaying of local roads through the issuance of not more than $3,600,000 in prin cipal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $604,210 is specifically appropriated for the pur pose of financing the construction and equipping of a Re gional Youth Development Center in DeKalb County, Georgia, through the issuance of not more than $2,500,000 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 $2,800,000 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 providing operating funds for the State physical health laboratories ($175,000--Budget Unit 'A') and for State mental health/mental retardation institutions ($6,396,795--Budget Unit 'C') in the Department of

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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 48. 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 debtsinking 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 49. 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 50. 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 exper ienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
It is the further intent of this General Assembly that the Office of Planning and Budget utilize its budgetary

THURSDAY, JANUARY 26, 1984

591

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 51. 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 mine by Object Class the expenditures of each activity contained in this Appropriations Act.
Section 52. 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 53. No State appropriations authorized under this Act shall be used to continue programs cur rently funded by 100% Federal funds.
Section 54. 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 55. 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.

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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 56. 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 57. Wherever in this Act the term 'Budget Unit Object Classes' is used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit, and shall supersede the object classification shown in the Governor's Budget Report.
Section 58. It is the intent of the General Assem bly that for the purposes of this Act,

THURSDAY, JANUARY 26, 1984

593

(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 59. 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 60. TOTAL STATE FUND APPROPRIATIONS State F.Y. 1984 ...........$ 3,958,829,559
Section 61. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 62. All laws and parts of laws in conflict with this Act are hereby repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law with out his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Garner of the 30th offered the following amendment:

Amend the substitute to HB 965 offered by the Senate Committee on Appropriations by inserting at the end of Section 19 on Page 58 between lines 6 and 7 the following:
"Provided that of the above appropriation relative to the area school program funds not needed for salaries, travel, M & O and equipment shall be redistributed and used for short term courses, not to exceed the original FY 84 allocation for short term."

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JOURNAL OF THE SENATE

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

The President resumed the Chair.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

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 Huggins Kennedy Kidd Land Lester

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

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Allgood Bond

Brannon

Scott of 36th

On the passage of the bill, the yeas were 51, nays 1.

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

THURSDAY, JANUARY 26, 1984

595

Senator Starr of the 44th moved that HB 965 be immediately transmitted to the House.

On the motion, the yeas were 46, nays 0; the motion prevailed, and HB 965 was immediately transmitted to the House.

SB 330. By Senator Barnes of the 33rd:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Anno tated, relating to probate courts, so as to provide that appeals from certain courts shall be taken directly to the Court of Appeals or Supreme Court rather than to superior court; to provide for jury trials in such courts; to provide for all related matters.

Senator Barnes of the 33rd moved that SB 330 be committed to the Senate Com mittee on Judiciary and Constitutional Law.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 330 was committed to the Senate Committee on Judiciary and Constitutional Law.

SB 356. By Senator Kidd of the 25th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the certification and regu lation of police dogs and peace officers who handle police dogs.

The Senate Committee on Public Safety offered the following amendment:

Amend SB 356 by adding in Section 1 at the end of line 21 on Page 6, immediately following the word "Rehabilitation" and preceding the period, the following:
"or county correctional institutions or to personnel within said de partment or institutions".

Senator Kidd of the 25th moved that SB 356 be placed on the Table.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 356 was placed on the Table.

SB 391. By Senators Peevy of the 48th, Deal of the 49th and Barnes of the 33rd:
A bill to amend Code Section 15-10-41 of the Official Code of Georgia An notated, relating to jury trials and appeals in magistrate courts, so as to provide that appeals may be had from judgments returned in the magistrate

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JOURNAL OF THE SENATE

court to the state court of the county or, if there is no state court, to the superior court of the county.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 391:

A BILL
To be entitled an Act to amend Code Section 15-10-41 of the Official Code of Georgia Annotated, relating to jury trials and appeals in magistrate courts, so as to provide that appeals may be had from judgments returned in the magistrate court to the state court of the county or to the superior court of the county; 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. Code Section 15-10-41 of the Official Code of Georgia An notated, relating to jury trials and appeals in magistrate courts, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Appeals may be had from judgments returned in the magis trate court to the state court of the county or to the superior court of the county and the same provisions now provided for by general law for ap peals contained in Code Section 5-3-29 shall be applicable to appeals from the magistrate court, the same to be a de novo appeal."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brannon

Brantley Broun of 46th Brown of 47th Bryant Burton

Coggin Coleman Coverdell Dawkins Deal

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597

Dean English Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine

Holloway Horton Howard Huggins Kennedy Kidd Land Lester McGill Peevy Perry

Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Cobb Engram

Hudgins McKenzie Scott of 36th

Thompson Timmons

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

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

SB 405. By Senator Land of the 16th:
A bill to amend Code Section 16-5-3 of the Official Code of Georgia Anno tated, relating to involuntary manslaughter, so as to change the punishment for the offense of involuntary manslaughter in the commission of an unlaw ful act.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb

Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster

Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins

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JOURNAL OF THE SENATE

Muggins Kennedy Kidd Land Lester McGill McKenzie

Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd

Starr Stumbaugh Trulock Turner Tysinger Walker

Those voting in the negative were Senators Bryant and Tate.

Those not voting were Senators:

Bond Harrison

Scott of 36th Thompson

Timmons

On the passage of the bill, the yeas were 49, nays 2.

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

SB 409. By Senator Greene of the 26th:
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 repeal pro visions relating to fees charged to applicants for support enforcement services.

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

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 Bryant Burton Coggin Coleman Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard

Hudgins Huggins Kennedy Kidd Land Lester McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd

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599

Starr Stumbaugh Tate

Timmons Trulock

Turner Walker

Those not voting were Senators:

Allgood Barnes Bond Cobb

Fincher Harrison McGill

Scott of 36th Thompson Tysinger

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

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

SB 417. By Senator Kidd of the 25th:
A bill to amend Code Section 21-3-407 of the Official Code of Georgia An notated, relating to run-off primaries and elections in municipalities, so as to provide that no person shall be a write-in candidate in a general or special election who was a candidate for nomination in the immediately preceding primary.

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

On the 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
BrTnt Buyrton Coggin Coleman Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris
Hil,
Hine Holloway Horton Howard Huggins Kennedy Kidd Land Lester

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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Bond Cobb Coverdell

Harrison Hudgins

Scott of 36th Thompson

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

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

SB 418. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-413 of the Official Code of Georgia An notated, relating to requirements as to conduct of voters and campaigners at polling places generally, and to amend Code Section 21-3-320, relating to requirements as to conduct of voters and campaigners at polling places in municipal elections, so as to provide that no candidate or other campaigner shall be allowed to check the names on any electors list.

The Senate Committee on Governmental Operations offered the following amendment:

Amend SB 418 by striking from the title on Page 1, beginning on line 6, the following:
"candidate or other campaigner shall",
and inserting in lieu thereof the following:
"person."

On the adoption of the amendment, the yeas were 32, nays 4, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Barker Bond Brantley

Burton Dean Harrison

Horton Hudgins Kidd

THURSDAY, JANUARY 26, 1984

601

McGill Scott of 43rd

Tate Thompson

Tysinger

Those voting in the negative were Senators:

Allgood Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coggin Coleman Coverdell Dawkins Deal English Engram

Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Howard Huggins Kennedy Land Lester

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Timmons Trulock Turner Walker

Not voting was Senator Barnes.

On the passage of the bill, the yeas were 14, nays 41.

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

Senator Land of the 16th introduced the doctors of the day, Dr. Bob Maughon, of Columbus, Georgia, and Dr. James Hagler of Buena Vista, Georgia.

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

SB 428. By Senator Kidd of the 25th:
A bill to amend Code Section 21-3-285 of the Official Code of Georgia An notated, relating to the procedure for voting by absentee ballot, so as to change certain procedures.

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

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

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Horton Howard Huggins Kennedy Kidd Land Lester

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

Voting in the negative was Senator Hine.

Those not voting were Senators:

Brannon Cobb

Holloway Hudgins

Starr Timmons

On the passage of the bill, the yeas were 49, nays 1.

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

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

SB 440. By Senators McGill of the 24th, Walker of the 19th, English of the 21st and others:
A bill to amend Part 9 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide when an animal or pet shall be deemed abandoned.

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

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

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603

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Broun of 46th Brown of 47th Bryant Cobb Coggin Coverdell Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hill Holloway Horton Huggins Kidd Land Lester

Those voting in the negative were Senators:

McGill McKenzie Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Thompson Timmons Trulock Turner Tysinger Walker

Bond Brantley Burton Dawkins

Hine Howard Peevy

Those not voting were Senators:

Starr Stumbaugh Tate

Brannon Coleman

Hudgins

Kennedy (presiding)

On the passage of the bill, the yeas were 42, nays 10.

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

SB 446. By Senators Harrison of the 37th and Brantley of the 56th:
A bill to amend Code Section 36-36-20 of the Official Code of Georgia An notated, relating to the definition of a municipal corporation for the purpose of annexation pursuant to application of 60 percent of landowners and elec tors, so as to provide that such definition shall not include certain municipal ities having independent school systems.

Senator Harrison of the 37th moved that SB 446 be postponed until Thursday, February 2.

On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 446 was postponed until Thursday, February 2.

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JOURNAL OF THE SENATE

SR 277. By Senator Broun of the 46th:
A resolution designating the Botanical Garden at the University of Georgia as the State Botanical Garden of Georgia.

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

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

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brannon 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 Holloway Horton Howard Huggins Kidd Lester McGill

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

Those not voting were Senators:

Barker Coleman

Hudgins

Land

Kennedy (presiding)

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

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

SR 318. By Senators Stumbaugh of the SSth, Allgood of the 22nd, Cobb of the 28th and others:
A resolution to provide for line item appropriation of funds to the legislative branch of government.

THURSDAY, JANUARY 26, 1984

605

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

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

Those voting in the affirmative were Senators:

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

Engram Fincher 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 Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Coleman

Hill Kennedy (presiding)

Reddish

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

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

SR 324. By Senator Broun of the 46th:
A resolution creating the University System Laboratory, Equipment, and Library Research 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:

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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 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 Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker

Coleman

Kennedy (presiding)

On the adoption of the resolution, the yeas were 53, nays 0.

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

HB 644. By Representative Ramsey of the 3rd:
A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to use of radar speed detection devices, so as to change the provisions relating to the definition of a speed detection device.
Senate Sponsor: Senator Cobb of the 28th.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes

Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th

THURSDAY, JANUARY 26, 1984

607

Bryant Burton
Cobb Coggin Coverdell Dawkins
Deal Dean English
Engram Fincher
Foster Gillis Greene

Harris Harrison
Hine Holloway Horton Howard
Hudgins Huggins
Kidd Lester McGill
McKenzie Peevy Perry

Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh
TJl aati1*C
Thompson Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Garner

Hill

Trulock

Those not voting were Senators:

Coleman

Kennedy (presiding)

Land

On the passage of the bill, the yeas were SO, nays 3.

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

HB 933. By Representatives Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Code Section 10-1-404 of the Official Code of Georgia An notated, relating to certain powers of the administrator of the "Fair Busi ness Practices Act of 1975," so as to provide that the administrator and his employees and law enforcement officials may provide certain information to each other under certain circumstances.
Senate Sponsors: Senators Barnes of the 33rd and Horton of the 17th.

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

On 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

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JOURNAL OF THE SENATE

Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Deal Dean English Engram Foster

Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester McGill

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

Those not voting were Senators:

Barker Coleman

Fincher Kennedy (presiding)

Trulock

On the passage of the bill, the yeas were 51, nays 0.

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

HB 937. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Chapter 3 of Title 21 of the Official Code of Georgia Anno tated, relating to municipal elections, so as to change certain provisions rela tive to penalties.
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 Bowen Brantley

Broun of 46th Brown of 47th Bryant Burton Cobb

Coggin Coverdell Dawkins Deal Dean

THURSDAY, JANUARY 26, 1984

609

English Engram Fincher Foster a TM er Gillis GHraererinse
Harrison
Hine
Holloway Horton

Howard Hudgins Huggins Kidd Land Lester MMccGKielnl zie
Peevy
Perry
Phillips Reddish

Scott of 2nd

Scott of 36th

Scott of 43rd

tarr

Stumbaugh

T

e

Ti,?hotempson

Timmons

Turner

Tysinger

Walker

Those not voting were Senators:

Barker Brannon

Coleman Hill

Kennedy (presiding) Trulock

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

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

HB 939. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Code Section 21-2-414 of the Official Code of Georgia An notated, relating to restrictions on campaign activities within the vicinity of a polling place, and Code Section 21-3-321 of the Official Code of Georgia Annotated, relating to restrictions on campaign activities within the vicinity of a polling place in municipal elections, so as to provide for the distribution of materials to promote voter participation.
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 Bowen Brannon Brantley

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

Coverdell Dawkins Deal Dean English Engram

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JOURNAL OF THE SENATE

Fincher Foster Garner
Gillis Greene Harris Harrison
Hine Holloway Horton Howard

Huggins Kidd
Land Lester McGill
McKenzie Peevy Perry
Phillips Reddish Scott of 2nd

Scott of 36th Scott of 43rd
Starr Stumbaugh Tate Thompson
Timmons Trulock
Turner Tysinger Walker

Those not voting were Senators:

Barker Coleman

Hill Hudgins

Kennedy (presiding)

On the passage of the bill, the yeas were 51, nays 0.

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

HB 941. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the requirements regarding the display of vote recorders prior to elections.
Senate Sponsor: Senator Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant

Burton Cobb Coggin Coverdell Dawkins Deal Dean English Engram Fincher

Foster Garner Gillis Greene Harris Harrison Holloway Horton Huggins Kidd

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611

Land Lester McGill PMeceKvyenzie
Perry Phillips

Reddish Scott of 2nd Scott of 36th SSctaortrt of 43rd
Stumbaugh Tate

Thompson Timmons Trulock ,,Turner
Tysmger Walker

Those not voting were Senators:

Coleman Hill

Hine Howard

Hudgins Kennedy (presiding)

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

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

The President resumed the Chair.

HB 942. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the board of registrars shall not make any change of residence on a person's voter registration card without written notification of such change by the elector.
Senate Sponsor: Senator Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton

Cobb Coggin Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis

Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Land Lester

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JOURNAL OF THE SENATE

McGill
McKenzie Peevy Perry
Phillips Reddish

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

Thompson
Timmons Trulock Turner
Tysinger Walker

Those not voting were Senators:

Coleman

Hill

Kidd

Fincher

Hudgins

On the passage of the bill, the yeas were 51, nays 0.

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

HB 943. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the principal of every public and private high school and the director of each area vocational school is authorized to invite a deputy registrar to the school to register qualified students and em ployees as electors.
Senate Sponsor: Senator Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

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

Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison

Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy

THURSDAY, JANUARY 26, 1984

613

Perry Reddish Scott of 2nd Scott of 36th

Scott of 43rd Stumbaugh Tate Thompson

Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Hill

Phillips Starr

Trulock

On the passage of the bill, the yeas were 51, nays 0.

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

HB 1003. By Representatives Steinberg of the 46th, Chambless of the 133rd, Karrh of the 109th and Daugherty of the 33rd:
A bill to amend Code Section 31-10-13 of the Official Code of Georgia An notated, relating to certificates of adoption and birth certificates, so as to provide for the issuance of birth certificates for persons born outside this country who are adopted in accordance with the laws of this state.
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 Coggin Coleman Coverdell Dawkins

Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Horton Howard Hudgins Huggins

Kennedy Kidd Land Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson

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JOURNAL OF THE SENATE

Timmons Turner

Tysinger

Walker

Those not voting were Senators:

Hill

Starr

Holloway

Trulock

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

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

HB 1024. By Representatives Groover of the 99th, Evans of the 84th, Murphy of the 18th and others:
A bill 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.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Appropriations offered the following substitute to HB 1024:

A BILL
To be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change certain of such salaries; to provide for matters relative thereto; 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 and allowances of certain state officials, is amended by striking paragraphs (18) and (19) of subsection (a) in their entirety and inserting in lieu thereof the following:
"(18) Each Justice of the Supreme Court ............. 63,700.00 (19) Each Judge of the Court of Appeals .............. 63,210.00"
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.

THURSDAY, JANUARY 26, 1984

615

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

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

Those voting in the affirmative were Senators:

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

English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

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

Voting in the negative was Senator Thompson.

Those not voting were Senators:

Broun of 46th

Hill

Fincher

Trulock

On the passage of the bill, the yeas were 51, nays 1.

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

Senator Allgood of the 22nd moved that HB 1024 be immediately transmitted to the House.

On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 1024 was immediately transmitted to the House.

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JOURNAL OF THE SENATE

HB 1047. By Representatives Reaves of the 147th, Sherrod of the 143rd, Matthews of the 145th and others:
A bill to amend Chapter 7 of Title 2 of the Official Code of Georgia Anno tated, relating to plant disease, pest control, and pesticides, so as to enact into law the interstate pest control compact and provide for the entry into the compact by the State of Georgia together with all other jurisdictions legally joining therein.
Senate Sponsor: Senator McGill of the 24th.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Broun of 46th

Hill

Peevy

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

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

THURSDAY, JANUARY 26, 1984

617

HB 1048. By Representatives Reaves of the 147th, Balkcom of the 140th, Hudson of the 117th and others:
A bill to amend Chapter 10 of Title 4 of the Official Code of Georgia Anno tated, relating to exotic birds and pet birds, so as to direct the Commissioner of Agriculture to establish a listing of birds not native to this state which if introduced into this state would be capable of breeding in the wild and would be detrimental to the agricultural industry of this state.
Senate Sponsor: Senator McGill of the 24th.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Broun of 46th

English

Hill

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

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

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JOURNAL OF THE SENATE

HB 940. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Code Section 21-3-124 of the Official Code of Georgia An notated, relating to the designation of the form of municipal voter registra tion, so as to provide that municipalities electing not to use the county regis tration list shall be required to use forms provided by the Secretary of State.
Senate Sponsor: Senator Kidd of the 25th.

Senator Phillips of the 9th offered the following substitute to HB 940:

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 that all municipalities shall use the county registration system; to provide for procedures for such sys tem; to correct certain internal references in certain provisions relative to the foregoing; to correct certain definitions; 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 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking subsections (d), (e), and (f) of Code Section 21-2-217, relating to form of registration cards, in their entirety and inserting in lieu thereof new subsections (d) and (e) to read as follows:
"(d) So that all voter registration cards may be uniform throughout all 159 counties of the state, the Secretary of State is authorized to ad minister this Code section.
(e) Notwithstanding any other provision of this Code to the con trary, the board of registrars for the county shall appoint the registrars in each municipality in the county, except in those municipalities electing to use the county registration lists, as deputy registrars of the county."
Section 2. Said title is further amended by striking paragraph (4) of subsection (a) of Code Section 21-2-219, relating to qualifications of voters generally, in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) A resident of this state and of the county in which he or she seeks to vote and, in the case of any person or election held in accordance with Chapter 3 of this title, a resident of the municipality in which such person seeks to vote; and".
Section 3. Said title is further amended by striking Code Section 212-231, relating to certain exemptions from registration or further qualifica tion, in its entirety and inserting in lieu thereof a new Code Section 21-2231 to read as follows:
"21-2-231. (a) The electors who have qualified shall not thereafter

THURSDAY, JANUARY 26, 1984

619

be required to register or further qualify, except as provided by law. No person shall remain a qualified voter who does not vote in at least one general or special election or primary, or in a municipal general or spe cial election or primary within three years immediately preceding Janu ary 1 of each odd-numbered year unless he shall specifically request con tinuation of his registration in the manner provided in subsection (b) of this Code section.
(b) Within 60 days after January 1, beginning in the year 1965, and biennially thereafter, the registrars shall revise and correct the registra tion records in the following manner. They shall examine the registration cards and shall suspend the registration of all electors who have not voted in at least one general or special election or primary, or municipal gen eral or special election or primary within the three years immediately preceding such January 1. On or before March 1 of such year they shall mail notice by first-class mail to each elector, at his last known address, stating substantially as follows:
'You are notified that according to state law, your registration as a qualified voter will be canceled for having failed to vote within the past three years, unless before April 1 of the current year you continue your registration by applying in writing to the board of registrars.'
Effective April 1, 1965, and biennially thereafter, the registrars shall cancel the registration of all electors thus notified who have not applied for continuance, and the names of all such electors shall be wholly re moved from the list of electors prior to May 1 of that year. Registrars shall furnish each elector so notified a card with the name and address of the board of registrars printed on the face thereof which may be used by the elector in notifying the board of registrars of the elector's desire to continue the elector's registration. In counties having a population of not less than 400,000 nor more than 525,000 according to the United States decennial census of 1970 or any future such census, the board of registra tions and elections shall affix sufficient postage to such return card so as to ensure proper delivery to the board.
(c) Any elector whose registration has been thus canceled may rere gister in the manner provided for original registration in this article. No person shall remain an elector longer than he shall retain the qualifica tions under which he is registered.
(d) Each elector in the municipality shall be given credit for having voted when no election has been held due to all candidates being unopposed."
Section 4. Said title is further amended by striking paragraph (27) of Code Section 21-3-2, relating to definitions regarding municipal elections and primaries, in its entirety and inserting in lieu thereof a new paragraph (27) to read as follows:
"(27) 'Registration officers' means, unless otherwise clearly apparent from the context, one or more municipal registrars as may be determined by the governing authority."
Section 5. Said title is further amended by striking Code Section 21-

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JOURNAL OF THE SENATE

3-5, relating to eligibility for certain nominations or elections, in its entirety and inserting in lieu thereof a new Code Section 21-3-5 to read as follows:
"21-3-5. No person shall be eligible for party nomination for or elec tion to municipal office, nor shall he perform any official acts or duties as a superintendent, registrar, poll officer, or party officer, as set forth in this chapter, in connection with any election or primary held under this chapter, if under the laws of this state, any other state, or the United States he has been convicted and sentenced, in any court of competent jurisdiction, for fraudulent violation of primary or election laws, malfea sance in office, or felony involving moral turpitude, unless such person's civil rights have been restored."
Section 6. Said title is further amended by striking paragraph (3) of Code Section 21-3-8, relating to certain powers and duties of municipal gov erning authorities, in its entirety and inserting in lieu thereof a new para graph (3) to read as follows:
"(3) To select the superintendent, registrars, poll officials, and other employees as provided in this chapter;".
Section 7. Said title is further amended by striking Article 6 of Chap ter 3, which reads as follows:
"ARTICLE 6
21-3-120. (a) The governing authority shall appoint registrars as necessary, and the appointments shall be entered on the minutes of the governing authority. The governing authority shall designate one of the registrars as chief registrar. The chief registrar will serve as such during his term of office, and such designation shall likewise be entered on the minutes of the governing authority. Such registrars shall serve at the pleasure of the governing authority, and compensation of the registrars shall be fixed by the governing authority.
(b) Any registrar shall have the right to resign at any time by sub mitting a resignation to the governing authority. In the event of such removal or resignation of any registrar, his duties and authority as such shall terminate immediately. Successors shall be appointed by the gov erning authority. Each appointment or change in designation shall be en tered on the minutes of the governing authority and certified by the gov erning authority. The governing authority may furnish such employees and facilities as it deems necessary for the operation of the office and the affairs of the registrars.
(c) The chief registrar shall serve as the chief administrative officer of the board of registrars and shall generally supervise and direct the administration of the affairs of the board of registrars.
(d) The governing authority may appoint such deputy registrars and may hire such clerical help to aid the registrars in the performance of their duties as are necessary. The terms of office and compensation shall be fixed by the governing authority. Compensation shall be provided from municipal funds.

THURSDAY, JANUARY 26, 1984

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(e) Each principal, or his designee, of every public or private high school and the director of each area vocational school, or his designee, in this state shall be a deputy registrar for the purpose of registering as electors only those qualified applicants who are enrolled students within the principal's school or who are employed by the school. Such principals or assistant principals and directors shall inform their students of the powers conferred upon such officials by this Code section and shall pro vide reasonable and convenient procedures to enable students who are qualified applicants to register.
(f) Code Section 21-3-121 shall not apply to deputy registrars who serve as such by virtue of this Code section.
21-3-121. (a) Registrars and deputy registrars shall be able to read, write, and speak the English language. No person, while serving as a registrar, deputy registrar, or member of a board of elections, or within a period of six months after so serving, shall be eligible to file a notice of candidacy for any nomination or office to be voted for at a primary or election; provided, however, that this ineligibility shall not apply to a tax commissioner or tax collector or to any candidate for the office of tax commissioner or tax collector in performing the functions of a deputy to the board of registrars as provided in subsection (b) of Code Section 212-212. However, nothing contained in this Code section shall preclude a registrar, deputy registrar, or member of a municipal board of elections from qualifying for office, having his name placed on the ballot, or hold ing office in a political party or body or serving as a presidential elector.
(b) Notwithstanding any other provision of this Code section to the contrary, in those municipalities maintaining their own registration lists, the municipal governing authority shall appoint county registrars or dep uty registrars as deputy registrars of the municipality, notwithstanding such county registrars or deputy registrars not being electors of the municipality.
(c) In cases where a municipality uses its own registration system, the registrar or deputy registrar shall require the applicant to complete two registration cards and the registrar shall forward one of such regis tration cards to the county registrars. Where a municipality is located in more than one county, the registrar shall forward the registration card to the county of the applicant's residence. The registrars of the county shall check the name and identifying information of each applicant against the registration cards on file in their office so as to ensure that no voter is registered twice. If the registrar finds the applicant meets the qualifica tions for registration in the county, the registration card shall be placed on file in the registrar's office and the applicant's name shall be added to the electors list.
21-3-122. Before entering upon his duties, each registrar and deputy registrar shall swear to perform his duties faithfully, which oath shall be administered by some officer authorized to administer oaths under the laws of this state.
21-3-123. (a) In those municipalities electing to use the county re gistration system, the county registrar shall carry out the functions nee-

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JOURNAL OF THE SENATE

essary for municipal registration and shall maintain all registration cards; and his office shall be deemed the main registration office.
(b) In those municipalities electing to maintain their own registra tion system, the registrars shall keep the completed registration cards and their other papers in the main office of the municipal registrars, which office shall be in the city hall or other public building designated by the governing authority. If no such office exists, the registrars shall keep the completed registration cards and their other papers in the office of the city clerk; and such office shall be deemed the main office of the board of registrars. For the purpose of taking applications for registration and for the purpose of registering electors, such number of registrars or deputy registrars as shall be designated by the chief registrar shall be stationed at such main office where the completed registration cards are kept at such times as the office is open during regular office hours. The governing authority, in addition to the main office, may designate other fixed places to be used for the purpose of receiving applications for regis tration and for the registration of electors.
(c) The main office of the board of registrars in each municipality shall remain open for business during regular office hours on each busi ness day. The board of registrars may enlarge such minimum office hours and may open the offices at any time in order to suit the convenience of the public.
(d) Additional registration places must be advertised in a newspaper of general circulation in the municipality one or more times at least seven days prior to the first day for registration.
(e) All voter registration places shall be places open to the general public and frequented by the general public.
21-3-124. The form of municipal registration shall be specified by the governing authority, except that, if the governing authority does not elect to use the county registration list, the form of the registration cards must comply with Code Section 21-2-217.
21-3-125. (a) No person shall vote in any primary or election unless he shall be:
(1) Registered as an elector in the manner prescribed by law;
(2) A citizen of this state and of the United States;
(3) At least 18 years of age;
(4) A resident of the municipality in which he seeks to vote, not withstanding any provision of any municipal charter to the contrary; and
(5) Possessed of all other qualifications prescribed by law.
(a.l) (1) No person who has been convicted of a felony involving moral turpitude may register, remain registered, or vote except upon completion of the sentence.
(2) No person who has been judicially determined to be mentally

THURSDAY, JANUARY 26, 1984

623

incompetent may register, remain registered, or vote unless the disability has been removed.
(b) Any person who possesses the qualifications of an elector except those concerning age shall be permitted to register to vote if such person will acquire such qualifications within six months after the day of regis tration; provided, however, that such person shall not be permitted to vote in a primary or election until the acquisition of such qualifications.
(c) Notwithstanding any other provision of this article, any person who was qualified and registered to vote on September 1, 1968, shall not be required to reregister under the terms of this article unless such per son shall have become or becomes disqualified to vote by reason of having been purged from the list of electors or for any other reason whatsoever, in which event such person shall, in order to become registered to vote, reregister under the terms of this article.
(d) The governing authority of any municipality may by charter, ordinance, or resolution elect either to maintain its own registration or to provide for the city to use the county registration list, stating that any person who is a resident of the municipality and who is registered as an elector with the board of registrars of the county shall be eligible to vote in a municipal primary or election. If the municipality elects to maintain its own registration list, the municipality shall use the form of the regis tration card and the questions to be propounded to an applicant as pre scribed in Code Section 21-2-217. The qualifications of a person seeking to vote in a municipal primary or election shall be determined by this chapter and the Constitution of Georgia. Provided, however, municipali ties which are the county seats of counties having populations of not less than 32,500 and not more than 34,100 according to the United States decennial census of 1970 or any future such census shall not be author ized to maintain their own registration lists but shall use the registration list of the county and such county shall be required to furnish such list to the municipality. Provided, further, that any such counties shall be re quired to furnish a list of the registered voters residing within such mu nicipalities to the governing authorities of the municipalities no later than seven days before any election or primary covered by this chapter is to be held in such municipalities.
(e) In a municipality maintaining its own registration list, any per son desiring to register as an elector shall apply to a registrar or a deputy registrar and shall furnish such officer with proper identification and in formation which will enable him to fill in all blanks appearing on the registration card. For purposes of this Code section, proper identification may be made by exhibiting a valid driver's license, birth certificate, or any other document that will reasonably reflect the true identity of the applicant. On completion of the form, the officer shall administer the oath to the applicant and then have him sign it, and the officer shall attest it. Upon request of the applicant, the officer taking the application shall read or repeat the oath distinctly to the applicant; and, if the appli cant cannot sign his name, the officer shall sign it for him, the applicant making his mark thereto.

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21-3-126. (a) Registration for municipalities electing to use county registration lists shall be as follows:
(1) The county registrar shall cease taking applications for registra tion from persons desiring to vote in municipal primaries or elections 30 days prior to such primary or election;
(2) The county registrar shall cease taking applications for registra tion from persons desiring to vote in a special primary or election on the close of the registrars' business on the fifth day after the call of such special primary or election; and
(3) The municipal registrar shall, upon receipt of the county regis tration list, or as soon as practicable thereafter but in no event later than three days prior to such primary or election, purge such list of the names of all persons who will not be qualified to vote at such primary or elec tion. The registrar shall certify the list and file with the city clerk a copy showing the names of electors entitled to vote at such primary or elec tion. Any person whose name appears upon such list may vote at such primary or election, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-3-136.
(b) Registration for municipalities maintaining their own registra tion lists shall be as follows:
(1) If any person whose name is not on the municipal registration list desires to vote at any primary or election, he shall, at least 15 days prior to the primary or election at which he desires to vote, or at such other time as designated by charter or ordinance, apply to be registered as an elector. The registrars shall, at least 15 days but not more than 50 days prior to such primary or election, cease taking applications to qual ify persons to vote in such primary or election.
(2) Any person who has registered for a general municipal primary or election, if otherwise qualified to vote at any special primary or elec tion occurring before the next general election, shall be listed and enti tled to vote at such special primary or election. At the close of the regis trars' business on the fifth day (if a Sunday or a legal holiday, then on the next following business day) after the call of such special primary or election, the registrars shall cease taking applications from persons desir ing to register to vote therein.
(3) The registrar shall, no later than three days prior to such pri mary or election, pass upon the electors' qualifications and file with the city clerk a certified list showing the names of those electors entitled to vote at such primary or election. Any person whose name appears upon such list may vote at such primary or election, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-3-136. Before filing such list, the registrars shall purge it of the names of all persons who will not be qualified to vote at such primary or election.
21-3-127. On completion of the application form, the officer shall administer the oath to the applicant and then have him sign it (either by signature or mark). The officer shall then attest it.

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21-3-128. The failure on the part of the applicant to disclose infor mation sought by a direct question of the registration officers in connec tion with the taking of the application or at subsequent proceedings, or the giving of false information, shall result in the application being re jected by the registration officers and shall also be a cause for challenge which, if sustained, shall result in the elector's name being removed from the list.
21-3-129. Any person to whom the right of registration is denied by the registration officers shall have the right to take an appeal to the supe rior court of the county; and any elector may enter an appeal to such court from the decision of the registration officers allowing any person to register. All appeals must be filed in writing with the chief registrar within ten days from the date of the decision complained of and shall be returned by the chief registrar to the office of the clerk of such court to be tried, de novo, as are appeals from the probate court. Pending an ap peal and until the final judgement of the case, the decision of the regis tration officer shall remain in full force.
21-3-130. In the event an applicant is refused registration by the registration officers, the application of such person and other material and records relative thereto shall be placed on file with the other registra tion records of the board of registrars for at least 24 months from the date of refusal.
21-3-131. Municipalities that elect to maintain their own registra tion lists shall provide for absentee registration as follows:
(1) A resident of the municipality who is qualified to vote by absen tee ballot may register to vote by complying with this Code section, and this person shall be referred to as an absentee applicant;
(2) Any absentee applicant or, upon satisfactory proof of relation ship, his mother, father, sister, brother, spouse, or daughter or son of the age 18 or over may at any time apply to the registrar for a registration card to be mailed to such applicant. The application shall be in writing and shall contain the name and address he desires to have the card mailed to and such other information as the board of registrars may re quire. When appropriate, the rank, branch of service, and serial number of the applicant shall be included in the application;
(3) The registrar, upon receipt of such application, shall enter thereon the date it is received and, upon finding such absentee applicant to be unregistered, shall immediately mail to him a blank registration card accompanied by a properly addressed envelope. The board shall em ploy air mail in cases where it will facilitate voting by such applicant;
(4) Upon the return of such registration card, properly completed and executed by the absentee applicant, the registrar shall place the name of such elector upon the electors list if the registrar finds the appli cant qualified under Code Section 21-3-125; and such registration shall have the same effect as a registration consummated under other provi sions of this article. The date a registration card is mailed or delivered to an applicant and the date it is returned shall be entered on the applica tion therefor; and

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(5) Any qualified person may apply for a registration card or an absentee ballot by the use of a standard form furnished by the federal government, which form contains the information required by this chap ter. An envelope containing a registration card or absentee ballot for transmission to such person may be prepared in such a manner as to take advantage of the free mail delivery furnished by the federal government.
21-3-132. Municipalities that elect to maintain their own registra tion lists shall require that:
(1) The electors who have qualified shall not thereafter be required to register or further qualify, except as provided by law;
(2) No person shall remain a qualified voter who does not vote in at least one general or special election or primary in a three-year period, unless he shall specifically request continuation of his registration as specified in subsection (b) of Code Section 21-3-133;
(3) Any elector whose registration has been canceled may reregister in the manner provided for original registration in this chapter; and
(4) No person shall remain an elector longer than he shall retain the qualifications under which he is registered.
21-3-133. (a) The registrar in municipalities maintaining their own registration system shall purge the list of electors as follows:
(1) At least every two years, the registrar shall examine the list of electors and remove therefrom any electors that have not voted in at least one general or special election or primary in the preceding three years or have not specifically requested a continuation of their registration. How ever, no elector shall be removed from the list of electors for failure to vote in the preceding three years unless the municipality has conducted at least two general elections during such preceding three-year period;
(2) At least 60 days before any general election, the registrar shall obtain from the clerk of the superior court of the county a list of persons residing in the county who appear to be disqualified from voting by rea son of having been convicted of a crime since the last general election, the penalty of which is disfranchisement, unless such person has been pardoned and the right of suffrage restored to him; and any of these per sons on the municipal electors list shall be removed;
(3) At least 60 days before any general election, the registrar shall obtain from the superintendent of the county a list of all persons residing in the county who appear to be disqualified from voting by reason of an adjudication of idiocy or insanity since the last general election; and any of these persons on the municipal list of electors shall be removed;
(4) At least 60 days before any general election, the registrar shall obtain from the local registrar of vital statistics of each county a list of those persons who have died since the last general election; and any of these person listed on the municipal list of electors shall be removed.
(b) Voters disqualified by reason of paragraph (1) of subsection (a)

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of this Code section shall be given notice by first-class mail at their last known address within ten days after removal of their names, such notice to state substantially as follows:

'You are hereby notified that according to state law, your registra

tion as a qualified voter will be canceled for having failed to vote within

the past three years, unless you request a continuance of your registra

tion in writing by _____________________.'

(Month) (Date)

(Year)

Registrars shall furnish each elector so notified a card with the name and address of the board of registrars printed on the face thereof which may be used by the elector in notifying the registrars of the elector's desire to continue the elector's registration. Electors shall be given 20 days from removal date to request in writing a continuance of their regis tration. The registrars shall remove those who do not so apply within the time allotted. In municipalities lying wholly within the boundaries of counties of this state having a population of not less than 400,000 nor more than 525,000 according to the United States decennial census of 1970 or any future such census and which maintain their own voting lists, registrars shall affix sufficient postage to such return card so as to ensure proper delivery to the board of registrars.

21-3-134. (a) The registrars in municipalities electing to maintain their own registration lists shall prepare for use in all primaries and elec tions true and correct lists of the electors of their municipality, placing thereon only those persons found to be qualified to vote.

(b) If the municipality elects to use the county registration list, the county board of registrars shall deliver, upon a basis mutually agreed upon between the governing authorities of the county and the municipal
ity, a copy of the list of electors to be used in each primary or election to the designee of the governing authority of the municipality. Such list shall be delivered at least 14 days prior to each primary or election for
the purpose of permitting the designee to check the accuracy of the list and to challenge the disqualified.

(c) On July 1, 1981, all registered electors of any county of this state having a population of not less than 400,000 nor more than 525,000 according to the United States decennial census of 1970 or any future such census who reside within the corporate boundaries of any munici pality lying wholly within such county and who are not registered voters of such municipality shall be added to the voter registration list of such municipality. Such electors shall thereafter be subject to this article in the same manner as other electors of each such municipality.

21-3-135. (a) At least three days prior to the primary or election, the registrar shall file with the city clerk a certified copy of a list contain ing the names, addresses, and ZIP codes of all the electors found to be qualified. The list shall be alphabetically arranged by precincts, and it shall be the list of electors for the municipal election to be held in such year. No person whose name does not appear on such list shall vote at such municipal election, except as otherwise provided in this chapter. This list shall be accompanied by the registrar's certification of the num-

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her of electors by race in each precinct. Such lists shall not be used by any person for commercial purposes.
(b) When requested, it shall be the duty of the registrar or the city clerk to furnish a certified copy of such list, or any part thereof, upon payment of a fee sufficient to cover the cost of preparing such list, but in no event shall the fee exceed an amount equal to 1 $ for the name of each elector appearing thereon.
21-3-136. Each elector whose name appears on the certified registra tion list and who is not found to be disqualified subsequent to the filing of said list shall be entitled to vote in any primary or election held during the period subsequent to the filing of such certified list and before the filing of the next list; provided, however, that an elector, voting in the primary or primaries held by a single party for the nomination of candi dates to seek municipal offices to be filled in an election, shall not vote in a primary held by any other party for the nomination of candidates to seek municipal offices to be filled in the same such election. It shall be the duty of the registrars to consolidate the certified list and any supple mental list for any primary or election and to make certain that no per son is listed more than once.
21-3-137. (a) The board of registrars of each municipality shall have the right and shall be charged with the duty of examining, from time to time, the qualifications of each elector whose name is entered upon the list of electors; and the board shall not be limited or estopped by any action previously taken.
(b) For the purpose of determining the qualification or disqualifica tion of applicants and electors, the board of registrars, upon at least five days' notice, may subpoena witnesses and require the production of books, papers, and other material. The board may swear any witness ap pearing before it.
(c) If the right of any person to remain on the list of electors is questioned by the registrars, the board of registrars shall give such per son written notice by first-class mail, sent to the address on the elector's registration card, stating a time and place of hearing, not less than five nor more than 30 days from the date of notice, to determine the elector's eligibility to remain on the list of electors. Failure by the elector to re spond to the notice either in person or by mail by the date set for the hearing shall constitute cause for removing the elector's name from the list of electors.
21-3-138. (a) Any elector of the municipality shall be allowed to challenge the right of registration of any person whose name appears upon the electors list; and, upon a challenge as to the qualifications of the elector being filed, the registrars shall notify the elector and pass upon the challenge. Each challenge shall specify the grounds of the challenge; and, when notice is given the elector by the registrars, a copy of such challenge shall be furnished the challenged elector at least three days before passing upon the same. Any elector of the municipality shall also be allowed to challenge the qualifications of any applicant for registra tion. A challenge of a person's qualification to register or to vote shall be

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decided in every case by the board of registrars with the right of appeal therefrom to the superior court.
(b) Any elector of the municipality shall be allowed to challenge the right to vote of any person whose name appears upon the electors list by making application to the board of registrars of the municipality at any time, including election day itself. Such challenge may be oral or written but shall distinctly set forth the grounds of challenge. The board of regis trars shall immediately consider the same and unless they find probable cause to sustain such challenge shall deny it. If the registrars find proba ble cause to sustain such challenge, the poll officers of the challenged elector's precinct shall be notified; and, if practical, the challenged elec tor shall be notified and afforded an opportunity to answer. If the chal lenged elector presents himself at the polling place to vote, he shall be given an opportunity to appear before the registrar and answer the grounds of challenge; and, after hearing the challenger and the chal lenged elector, such registrars shall determine whether probable cause to sustain such challenge exists and shall:
(1) If no probable cause exists, permit the challenged elector to vote;
(2) If in doubt as to the merit of the challenge, permit the chal lenged elector to vote by having the word 'challenged' written across the back of the challenged elector's ballot for later determination; or
(3) If it is determined that a challenged elector is not eligible to vote, refuse to allow the challenged elector to vote by having the words 'ineligible to vote' written on the electors list next to the challenged elec tor's name.
21-3-139. Only persons whose names appear on the list of electors placed in the possession of the managers in each precinct shall be allowed to deposit their ballots, according to law, at the precinct, but not else where, except as otherwise provided in this chapter.
21-3-140. In the event any elector moves to a residence within the municipality which has a different address from the address contained on such person's registration card, it shall be his duty to notify the board of registrars of such fact, and the board shall place such person's name on the proper list of electors. If the board, of its own knowledge, knows of such move, it may make the proper changes. Any elector who moves to a residence within the municipality but into a different precinct or who moves to a residence in the same precinct but at a different address and fails to notify the board of registrars of such fact prior to an election or primary shall vote in the precinct of his former residence for such elec tion or primary and for any runoffs resulting therefrom. The superinten dent of an election shall make available at each polling place forms which shall be completed by each such elector to reflect his present legal residence. Such forms may also be used to notify the board of registrars of a change in an elector's name. The board of registrars shall thereafter place the elector in the proper precinct and correct the list of electors accordingly. If the elector is placed in a precinct other than the one in which he has previously been voting, he shall be notified of his new pol ling place by first-class mail.

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21-3-141. In determining the residence of a persons desiring to regis ter to vote, the rules as set forth in Code Section 21-2-241 shall be followed.
21-3-142. The lists of electors and registration cards of electors shall be open at all times to the reasonable inspection of any citizen of the municipality but shall not be removed for such inspection from the cus tody of the officer in charge. All the duties required of the registrars and all hearing of evidence upon the qualifications of electors shall be dis charged in public.",
in its entirety and inserting in lieu thereof a new Article 6 to read as follows:
"ARTICLE 6
21-3-120. (a) All municipalities shall use the county registration sys tem. The county registrar shall carry out the functions necessary for mu nicipal registration and shall maintain all registration cards. The office of the county registrar shall be deemed the main registration office.
(b) When a municipality lies in more than one county, residents of the municipality shall register in the county in which they reside.
21-3-121. Registration for municipalities using the county registra tion lists shall be as follows:
(1) The county registrar shall cease taking applications for registra tion from persons desiring to vote in municipal primaries or elections 30 days prior to such primary or election;
(2) The county registrar shall cease taking applications for registra tion from persons desiring to vote in a special primary or election on the close of the registrar's business on the fifth day after the call of such special primary or election; and
(3) The municipal registrar shall, upon receipt of the county regis tration list, or as soon as practicable thereafter but in no event later than three days prior to such primary or election, purge such list of the names of all persons who will not be qualified to vote at such primary or elec tion. The registrar shall certify the list and file with the city clerk a copy showing the names of electors entitled to vote at such primary or elec tion. Any person whose name appears upon such list may vote at such primary or election, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-2-235.
21-3-122. The county board of registrars shall deliver, upon a basis mutually agreed upon between the governing authorities of the county and the municipality, a copy of the list of electors to be used in each primary or election to the designee of the governing authority of the mu nicipality. Such list shall be delivered at least 14 days prior to each pri mary or election for the purpose of permitting the designee to check the accuracy of the list and to challenge the disqualified."
Section 8. Said title is further amended by striking subsection (i) of

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Code Section 21-3-187, relating to form of official election ballot, in its en tirety and inserting in lieu thereof a new subsection (i) to read as follows:
"(i) Each elector eligible to have voted in an election which, in ac cordance with this Code section, was not conducted shall be deemed to have voted in such election for the purposes set forth in Code Sections 21-2-231 and 21-2-227. When, pursuant to this Code section, no election is to be conducted, the county registrars shall prepare, certify, and de liver electors lists as would otherwise be required by Code Sections 21-2233 and 21-2-234."
Section 9. Said title is further amended by striking Code Section 213-323, relating to voting outside the precinct of residence, in its entirety and inserting in lieu thereof a new Code Section 21-3-323 to read as follows:
"21-3-323. Except as provided in Code Section 21-2-240 and Article 10 of this chapter, no person shall vote at any primary or election in any polling place outside the precinct in which he resides, nor shall he vote in the precinct in which he resides unless he has been registered as an elec tor and his name appears on the electors list of such precinct."
Section 10. Said title is further amended by striking subsection (b) of Code Section 21-3-342, relating to admission of electors to the enclosed space, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) As soon as an elector has been admitted within the enclosed space, the poll officer having charge of the ballots shall detach a ballot from the stub and give it to the elector, first holding it so that the words and figures printed on the face shall not be visible; and no ballots shall be deposited in the ballot box unless folded in the same manner. If an elec tor's right to vote has been challenged for cause under Code Section 212-237, the poll officer shall write the word 'Challenged' and the alleged cause of challenge on the back of the ballot. Not more than one ballot shall be detached from its stub in any book of ballots at any one time. Not more than one ballot shall be given to an elector; but, if an elector inadvertently spoils a ballot, he may obtain another upon returning the spoiled one. The ballots thus returned shall be immediately canceled and at the close of the polls shall be enclosed in an envelope which shall be sealed and returned to the superintendent."
Section 11. Said title is further amended by striking subsection (b) of Code Section 21-3-362, relating to admission of electors to the enclosed space, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) If an elector's right to vote has been challenged pursuant to Code Section 21-2-237, the elector shall not be permitted to vote on the voting machine, but shall vote by ballot in the manner prescribed by this chapter."
Section 12. Said title is further amended by striking subsection (b) of Code Section 21-3-407, relating to determination by municipal charters and ordinances of the vote required for nomination or election, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

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"(b) In instances in which no candidate receives a majority of the votes cast and the municipal charter or ordinances do not provide for nomination or election by a plurality vote, a run-off primary or election shall be held between the candidates receiving the two highest numbers of votes. Such runoff shall be held not earlier than the fourteenth day and not later than the twenty-first day after the day of holding the first primary or election, on a date specified by ordinance or resolution, unless such run-off date is postponed by court order. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any run off primary or election resulting therefrom; provided, however, that no elector shall vote in a run-off primary in violation of Code Section 21-2235. The run-off primary or election shall be a continuation of the first primary or election, and only those votes cast for the candidates receiving the two highest numbers of votes in the first primary or election shall be counted. No write-in votes may be cast in a primary, run-off primary, or run-off election. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in such runoff. The candidate receiving the highest number of the votes cast in such run-off primary or election to fill the nomination or public office he seeks shall be declared the winner."
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.

On the adoption of the substitute, the yeas were 42, 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 Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coverdell

Dawkins Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison Hill

Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McKenzie Peevy

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633

Perry Phillips Reddish Scott of 2nd Scott of 36th

Scott of 43rd Starr Stumbaugh Tate Thompson

Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Broun of 46th

Coleman Fincher

McGill

On the passage of the bill, the yeas were 51, nays 0.

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

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

SB 246. By Senators Hudgins of the 15th, Bond of the 39th, Tate of the 38th and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the Council of Juvenile Court Judges may receive legal or social case information on children.

The House substitute to SB 246 was as follows:

A BILL
To be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to pro vide that the Council of Juvenile Court Judges may receive legal case infor mation on children; to provide a manner in which such information is to be submitted; to provide that the council may disburse data from its files to courts requesting prior juvenile court legal case information on specific chil dren; to provide that the council may supply statistical information to cer tain groups; to provide a timetable for the sealing of juvenile files and records; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia An notated, relating to juvenile proceedings, is amended by adding at the end of Code Section 15-11-4, relating to the Council of Juvenile Court Judges, a new subsection, to be designated subsection (c), to read as follows:

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"(c) (1) The council may establish a state-wide system for providing juvenile court legal case information on individuals to juvenile courts for the sole purpose of ensuring effective rehabilitation, disposition or sen tencing, supervision, and treatment of juveniles. The council, through its presiding judge and executive director, shall ensure that information on individuals disseminated is used solely for these purposes. It is the ex press intent of the General Assembly that individuals' prior juvenile court histories shall not be used for investigatory purposes.
(2) For purposes of this subsection, the term 'legal case information' means information contained in petitions, complaints, and allegations re lated to cases within the jurisdiction of the juvenile court. 'Legal case information' shall also mean demographic data on the subject child or children, the family of the child or children, and other parties to the proceeding.
(3) The council may receive legal case information from juvenile courts for the purpose of compiling and maintaining a state-wide data base on juveniles referred to juvenile court. Juvenile courts shall submit case information to the council, through their clerks, in a timely fashion and in a manner and form prescribed by the Council of Juvenile Court Judges.
(4) (A) The council may provide to individual juvenile courts, upon request, data from any or all juvenile courts on children's prior juvenile court legal case information for the purposes of making intake decisions and appropriate dispositions of current cases. Such state-wide informa tion shall be requested from the council only by officers of the court des ignated by the chief judge and approved by the council's executive direc tor. Each officer, thus approved, shall be given a unique identifier which shall be registered in a log kept by the council and which must be used in requesting information. Officers of the court who may be approved to request such information are limited to the judge, the clerk of the court or his employees, a court employed intake or probation officer, or a court service worker assigned to provide probation or intake services to the court. Unique identifiers shall be changed periodically and whenever identified court officers or employees of the council authorized to release state-wide juvenile records are terminated.
(B) Legal case information transmitted to the court shall be filed with the clerk of the juvenile court, who shall be ordered to maintain a record of such information. Such information shall not be open to public inspection; but inspection of the record shall only be permitted to the judge, intake officer, probation officer, or court service worker assigned to the case.
(5) Dissemination of such information to unauthorized parties or use of such information for purposes other than authorized in this subsection shall be a misdemeanor or grounds for termination of employment with the council, user agency, or the court. Intentional dissemination or re ceipt of legal case information for purposes not authorized in this Code section shall be punishable by the civil contempt power of the court or as a misdemeanor.

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(6) When it appears to the council that any court has not instituted sufficient procedural safeguards to ensure the privacy and security of ju venile court histories, the council, through its presiding judge and execu tive director, shall not release any further information until that court demonstrates that adequate safeguards have been instituted.
(7) After a child has been committed to the Division of Youth Ser vices of the Department of Human Resources, a copy of the legal case information of the person committed shall be furnished to the agency receiving custody of the person for the sole purpose of establishing treat ment or rehabilitation plans. Such information shall remain confidential.
(8) The council may permit authorized representatives of recognized organizations compiling statistics for appropriate purposes to inspect and make abstracts from prior juvenile court histories under conditions to be determined by the council. Statistical information thus released shall not include a juvenile's name.
(9) Information other than aggregate data contained in this system shall be subject to the provisions for sealing of records, as contained in Code Section 15-11-61."
Section 2. Said Chapter is further amended by striking in its entirety Code Section 15-11-61, relating to sealing of records and related matters, and inserting in its place a new Code Section 15-11-61 to read as follows:
"15-11-61. (a) The court shall order the sealing of the files and records of a person adjudicated delinquent or unruly within six months after the person's eighteenth birthday or after the final discharge of the person, whichever event is later.
(b) Upon the sealing of the record the proceeding shall be treated as if it had never occurred. All index references shall be deleted and the person, the court, the law enforcement officers, and the departments shall properly reply that no record exists with respect to the person upon in quiry in any matter. Copies of the order sealing the record shall be sent to each agency or official named in the files and record. Inspection of the sealed files and records thereafter may be permitted by an order of the court upon petition by the person who is the subject of the records and only by those persons named in the order."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Hudgins of the 15th moved that the Senate agree to the House substitute to SB 246.

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

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Those voting in the affirmative were Senators:

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

Fincher Foster Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Lester

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

Those not voting were Senators:

Barnes Broun of 46th Burton Engram

Garner Harrison Land

McGill Timmons Trulock

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 246.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 12:25 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Friday, January 27, 1984
Nineteenth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

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

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

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

Mr. President:

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

HB 1252. By Representatives Hasty and Anderson of the 8th and Barnett of the 10th:
A bill to provide that the successor to the Cherokee County school superin tendent shall be appointed by vote of the board of education to serve at the pleasure of the board.

HB 1254. By Representative Auten of the 156th:
A bill to amend an Act providing for the holding of four terms each year of the Superior Court of Mclntosh County, so as to provide for the drawing of grand juries and the length of terms of said grand juries.

HB 1259. By Representative Ramsey of the 3rd: A bill to make provisions for the Magistrate Court of Murray County.

HB 1261. By Representatives Hirsch of the 96th, Buck of the 95th, Galer of the 97th and others:
A bill to amend an Act providing a charter for the county-wide government of Columbus, so as to change certain provisions regarding the appointment of clerks and clerks pro tempore of the recorder's court.

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HB 1263. By Representatives Hirsch of the 96th, Buck of the 95th, Galer of the 97th and others:
A bill to amend an Act providing a charter for the county-wide government of Columbus, so as to change certain requirements regarding the member ship of certain boards, commissions, and authorities.

HB 1268. By Representative Phillips of the 120th: A bill to make provisions for the Magistrate Court of Montgomery County.

HB 1269. By Representative Rainey of the 135th:
A bill to amend an Act creating a board of commissioners for Crisp County, so as to change the provisions relating to the compensation of the commissioners.

HB 952. By Representative Buck of the 95th:
A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," so as to authorize the Georgia Safety Fire Commissioner to enter into reciprocal agreements with other states; and to change certain requirements for obtaining a certificate.

HB 1031. By Representative Evans of the 84th:
A bill to amend Article 3 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to corporate names of business corporations, so as to change the registration fee for foreign corporations; and to change the fee for renewal of registered corporate names.

HB 1033. By Representative Evans of the 84th:
A bill to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions governing the State Board of Pardons and Paroles, so as to delete the requirement that members select from their number a secretary of the board; to change provisions regarding reports made by the board.

HB 1037. By Representatives Murphy of the 18th and Evans of the 84th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to remove the provisions requiring or relating to the collec tion of fines and forfeitures by district attorneys.

HB 1039. By Representatives Murphy of the 18th and Evans of the 84th:
A bill to amend Code Section 15-18-17 of the Official Code of Georgia An notated, relating to secretaries of district attorneys, so as to delete a provi sion providing certain limitations on salary increases for such secretaries.

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639

HB 1087. By Representatives Colwell of the 4th, Hays of the 1st and Coleman of the 118th:
A bill to amend Code Section 42-8-35.1 of the Official Code of Georgia Annotated, relating to "special alternative incarceration" as a condition of probation, so as to reduce from 180 days to 90 days the time for initial incarceration of offenses committed on or after January 1, 1984.

HB 1042. By Representative Parham of the 105th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to delete from and add to the listing of certain controlled substances.

HB 969. By Representatives Chambless of the 133rd, Young of the 134th, Balkcom of the 140th and White of the 132nd:
A bill to amend Part 1 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election and registration officers, so as to provide for joint county-municipal boards of election and for joint county-municipal boards of election and registration.

HB 970. By Representatives Chambless of the 133rd, Young of the 134th, Balkcom of the 140th and White of the 132nd:
A bill to amend Code Section 21-3-10 of the Official Code of Georgia Anno tated, relating to governing authorities of certain municipalities authorized to allow certain counties to conduct municipal elections, so as to provide for applicability of certain provisions thereof to all municipalities.

HB 907. By Representatives Isakson of the 21st and Adams of the 36th:
A bill to amend Code Section 50-8-2 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Department of Community Affairs, generally, so as to provide for an advisory committee to the Depart ment of Community Affairs.

HB 698. By Representatives Thompson, Wilson and Darden of the 20th and others:
A bill to amend Code Section 50-6-26 of the Official Code of Georgia Anno tated, relating to the forms applicable to the business transacted in each of the several boards, offices, institutions, departments, and commissions of the executive department of the state government, so as to make provision for consecutively numbered requisitions, purchase orders, and field purchase orders.

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The House has adopted, as amended, by the requisite constitutional majority the following resolutions of the Senate:

SR 267. By Senators Barnes of the 33rd, Trulock of the 10th and Dean of the 31st:
A resolution proposing an amendment to the Constitution so as to provide that a judge may be suspended from office upon being indicted for a felony and may be removed from office upon being convicted of a felony in this state, in any other state, or in the United States and to provide for proce dures and other matters relative thereto; and to provide for submission of this amendment for ratification or rejection.

SR 268. By Senators Barnes of the 33rd, Trulock of the 10th and Dean of the 31st:
A resolution proposing an amendment to the Constitution so as to provide that certain public officials may be suspended from office upon being in dicted for a felony and may be removed from office upon being convicted of a felony in this state, in any other state, or in the United States and to provide for procedures and other matters related thereto; to provide for sub mission of this amendment for ratification or rejection.

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

SB 332. By Senators Barnes of the 33rd, Trulock of the 10th and Dean of the 31st:
A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Anno tated, relating to vacation of office, so as to provide that certain public offi cials shall be suspended from office upon being indicted for a felony.

SB 385. By Senator Kidd of the 25th:
A bill to amend an Act creating a board of commissioners of Baldwin County, as amended, so as to provide for the election of board members from districts.

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

HB 965. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1983-84, known as the "General Appropriations Act," so as to change the revenue estimate and certain appropriations for the State Fiscal Year 198384.

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641

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

SB 486. By Senator Foster of the 50th:
A bill to provide for authority; to continue in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1982 general election, and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, which amendment re quires the Board of Education of the Rabun County School District to im pose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by the Rabun County School District on and after January 1, 1984.
Referred to Committee on Federal, State and Community Affairs.

SB 487. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-3 of the Official Code of Georgia Anno tated, relating to duties and functions of the State Personnel Board gener ally, so as to provide that members of the State Personnel Board shall re ceive the same expense allowance per day as that received by a member of the General Assembly for each day while performing official business for the board, plus reimbursement for certain other expenses while performing offi cial business for the board.
Referred to Committee on Governmental Operations.

SB 488. By Senator Foster of the 50th:
A bill to amend Code Section 20-2-794 of the Official Code of Georgia An notated, relating to qualifications, oaths, and expenses of members of the Professional Practices Commission, so as to change the maximum amount of per diem expense reimbursement.
Referred to Committee on Education.

SB 489. By Senator Starr of the 44th:
A bill to amend Code Section 31-3-4 of the Official Code of Georgia Anno tated, relating to powers of county boards of health, so as to authorize county boards of health to provide environmental health services and to charge and collect environmental health service fees.
Referred to Committee on Human Resources.

SB 490. By Senators Garner of the 30th and Engram of the 34th:
A bill to amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, as amended, so as to change the compensation of the coroner.
Referred to Committee on Federal, State and Community Affairs.

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SB 491. By Senator Scott of the 43rd:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Anno tated, relating to fees and taxes, so as to provide for the distribution of any reimbursement received by an insurance company as a result of the overpay ment of insurance premium taxes levied by a county or municipality.
Referred to Committee on Insurance.

SR 341. By Senators Greene of the 26th, Cobb of the 28th, Harris of the 27th and others:
A resolution urging the law enforcement agencies of this state to increase their enforcement of laws relative to the safety of motor vehicles.
Referred to Committee on Judiciary and Constitutional Law.

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

HB 698. By Representatives Thompson, Wilson and Darden of the 20th and others:
A bill to amend Code Section 50-6-26 of the Official Code of Georgia Anno tated, relating to the forms applicable to the business transacted in each of the several boards, offices, institutions, departments, and commissions of the executive department of the state government, so as to make provision for consecutively numbered requisitions, purchase orders, and field purchase orders.
Referred to Committee on Governmental Operations.

HB 907. By Representatives Isakson of the 21st and Adams of the 36th:
A bill to amend Code Section 50-8-2 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Department of Community Affairs, generally, so as to provide for an advisory committee to the Depart ment of Community Affairs.
Referred to Committee on Federal, State and Community Affairs (General).

HB 952. By Representative Buck of the 95th:
A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," so as to authorize the Georgia Safety Fire Commissioner to enter into reciprocal agreements with other states; to change certain requirements for obtaining a certificate.
Referred to Committee on Public Safety.

HB 969. By Representatives Chambless of the 133rd, Young of the 134th, Balkcom of the 140th and White of the 132nd:
A bill to amend Part 1 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election and registration officers, so

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643

as to provide for joint county-municipal boards of election and for joint county-municipal boards of election and registration.
Referred to Committee on Governmental Operations.

HB 970. By Representatives Chambless of the 133rd, Young of the 134th, Balkcom of the 140th and White of the 132nd:
A bill to amend Code Section 21-3-10 of the Official Code of Georgia Anno tated, relating to governing authorities of certain municipalities authorized to allow certain counties to conduct municipal elections, so as to provide for applicability of certain provisions thereof to all municipalities.
Referred to Committee on Governmental Operations.

HB 1031. By Representative Evans of the 84th:
A bill to amend Article 3 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to corporate names of business corporations, so as to change the registration fee for foreign corporations; to change the fee for renewal of registered corporate names.
Referred to Committee on Judiciary.

HB 1033. By Representative Evans of the 84th:
A bill to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions governing the State Board of Pardons and Paroles, so as to delete the requirement that members select from their number a secretary of the board; to change provisions regarding reports made by the board.
Referred to Committee on Judiciary.

HB 1037. By Representatives Murphy of the 18th and Evans of the 84th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to remove the provisions requiring or relating to the collec tion of fines and forfeitures by district attorneys.
Referred to Committee on Judiciary.

HB 1039. By Representatives Murphy of the 18th and Evans of the 84th:
A bill to amend Code Section 15-18-17 of the Official Code of Georgia An notated, relating to secretaries of district attorneys, so as to delete a provi sion providing certain limitations on salary increases for such secretaries.
Referred to Committee on Judiciary.

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HB 1042. By Representative Parham of the 105th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to delete from and add to the listing of certain controlled substances.
Referred to Committee on Human Resources.

HB 1087. By Representatives Colwell of the 4th, Hays of the 1st and Coleman of the 118th:
A bill to amend Code Section 42-8-35.1 of the Official Code of Georgia Annotated, relating to "special alternative incarceration" as a condition of probation, so as to reduce from 180 days to 90 days the time for initial incarceration of offenses committed on or after January 1, 1984.
Referred to Committee on Offender Rehabilitation.

HB 1252. By Representatives Hasty of the 8th, Anderson of the 8th and Barnett of the 10th:
A bill to provide that the successor to the Cherokee County school superin tendent shall be appointed by vote of the board of education to serve at the pleasure of the board.
Referred to Committee on Federal, State and Community Affairs.

HB 1254. By Representative Auten of the 156th:
A bill to amend an Act providing for the holding of four terms each year of the Superior Court of Mclntosh County, so as to provide for the drawing of grand juries and the length of terms of said grand juries.
Referred to Committee on Federal, State and Community Affairs.

HB 1259. By Representative Ramsey of the 3rd: A bill to make provisions for the Magistrate Court of Murray County.
Referred to Committee on Federal, State and Community Affairs.

HB 1261. By Representatives Hirsch of the 96th, Buck of the 95th, Galer of the 97th and others:
A bill to amend an Act providing a charter for the county-wide government of Columbus, so as to change certain provisions regarding the appointment of clerks and clerks pro tempore of the recorder's court.
Referred to Committee on Federal, State and Community Affairs.

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645

HB 1263. By Representatives Hirsch of the 96th, Buck of the 95th, Galer of the 97th and others:
A bill to amend an Act providing a charter for the county-wide government of Columbus, so as to change certain requirements regarding the member ship of certain boards, commissions and authorities.
Referred to Committee on Federal, State and Community Affairs.

HB 1268. By Representative Phillips of the 120th: A bill to make provisions for the Magistrate Court of Montgomery County.
Referred to Committee on Federal, State and Community Affairs.

HB 1269. By Representative Rainey of the 135th:
A bill to amend an Act creating a board of commissioners for Crisp County, so as to change the provisions relating to the compensation of the commissioners.
Referred to Committee on Federal, State and Community Affairs.

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

Mr. President:

The Committee on Banking and Finance has had under consideration the follow ing bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 395. SB 427. SB 445. SR 4. HB 1229. SB 436.

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

Respectfully submitted,

Senator Lester of the 23rd District, Chairman

Mr. President:

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

SB 411. Do pass.

SB 412. Do pass by substitute.

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SB 449. Do pass. Respectfully submitted, Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 470. Do pass. SB 474. Do pass.

SB 475. Do pass. SB 476. 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 Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 350. Do pass.

SB 435. Do pass.

Respectfully submitted,

Senator Stumbaugh of the 55th District, Chairman

Mr. President:

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

SB 345. Do pass by substitute. SB 426. Do pass.

SB 450. Do pass by substitute.

Respectfully submitted, Senator Timmons of the llth District, Chairman

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647

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

SB 338. By Senators Foster of the 50th, Garner of the 30th, Deal of the 49th and Kennedy of the 4th:
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 employed by penal institutions, so as to provide that certain personnel shall be designated as correctional officers.

SB 368. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to relationships between principals and agents, so as to provide that, when a person who has become incompetent has given a written power of attorney which is not terminated by the incompetency of the principal, any person who would be an heir of the principal or any credi tor of the principal may petition the probate court to require that the attor ney in fact give bond.

SB 438. By Senators Kidd of the 25th and Cobb of the 28th:
A bill to amend Code Section 8-2-119 of the Official Code of Georgia Anno tated, relating to applicability of the law pertaining to factory-built build ings and dwelling units to the law pertaining to manufactured homes, so as to provide that the provisions of law relating to factory-built buildings and dwelling units shall not be applicable to manufactured homes except where a manufacturer elects to construct a manufactured home that complies with all of the provisions of law relating to factory-built buildings and dwelling units.

SB 442. By Senator Bryant of the 3rd:
A bill to amend Part 4 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to oysters and clams, so as to change the amount of oysters and clams that may be taken for noncommercial purposes.

SB 443. By Senator Barnes of the 33rd:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys in general, so as to provide that attorneys employed by a department, agency, or instrumentality of state or local government may assist the district attorneys and solicitors of this state in certain civil or criminal proceedings.

SB 447. By Senators Garner of the 30th, Engram of the 34th and Huggins of the 53rd:
A bill to amend Code Section 42-8-71 of the Official Code of Georgia Anno tated, relating to the participation of probationers in community service pro-

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grams, so as to limit the liability of any agency or community service officer who participates in a community service program.

SB 448. By Senators Garner of the 30th and Engram of the 34th:
A bill to amend Chapter 5 of Title 42 of the Official Code of Georgia Anno tated, relating to correctional institutions of state and counties, so as to pro vide that any violation of Code Section 42-5-18 shall constitute a felony regardless of the amount of contraband given.

SB 451. By Senators Gillis of the 20th, English of the 21st and Bryant of the 3rd:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Anno tated, relating to boating safety zones, so as to establish a boating safety zone at Richard B. Russell Dam.

SB 452. By Senator Reddish of the 6th:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to qualifications and training requirements for sheriffs, so as to provide for exemptions under certain circumstances for sheriffs who are unable to comply with the annual training requirements specified by law due to medical disability or providential cause.

SB 459. By Senator Bowen of the 13th:
A bill to change the provisions relating to the Magistrate Court of Dooly County, so as to change the manner of selecting the chief magistrate thereof and to provide for terms of and vacancies in such office.

SB 463. By Senator Garner of the 30th:
A bill to amend Code Section 9-3-90 of the Official Code of Georgia Anno tated, relating to limitations of actions accruing to minors, persons who are legally incompetent, and persons imprisoned, so as to change the provisions relating to persons imprisoned.

SB 464. By Senator Garner of the 30th:
A bill to amend Code Section 42-5-85 of the Official Code of Georgia Anno tated, relating to the authority to grant leave privileges to an inmate serving a murder sentence, so as to remove the limitation upon the authority to grant limited leave privileges to such persons.

SB 471. By Senators Greene of the 26th, Harris of the 27th and McKenzie of the 14th:
A bill to amend an Act providing for supplements to the salaries of the judges and district attorney of the superior courts of the Macon Judicial Circuit, so as to change the provisions relating to the supplement to be paid to each judge of the superior courts of said circuit; to provide for the contri-

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649

butions to be paid by each county comprising said circuit; to provide an effective date.

SR 313. By Senator Timmons of the llth:
A resolution authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia; to provide an effective date.

SR 315. By Senator Hill of the 29th:
A resolution authorizing the conveyance of certain state owned real property located in Meriwether County, Georgia, to the City of Woodbury; to provide an effective date.

SR 319. By Senator Kidd of the 25th:
A resolution designating 1984 as "The Year of the Disabled Voter in Georgia".

SR 321. By Senators Gillis of the 20th, Kennedy of the 4th, Bryant of the 3rd and others:
A resolution urging the establishment of a forestry program upon certain state lands.

SR 328. By Senators Scott of the 2nd, Brown of the 47th, Tysinger of the 41st and Hill of the 29th:
A resolution creating the Joint Public Utility Rate-making Process Study Committee.

SR 331. By Senator Hudgins of the 15th: A resolution relative to students with learning disabilities.

HB 531. By Representatives Adams of the 36th and Rainey of the 135th:
A bill to amend Code Section 52-7-8 of the Official Code of Georgia Anno tated, relating to lifesaving devices on watercraft, so as to eliminate the re quirement that personal flotation devices be readily accessible to an occu pant or occupants of racing sculls, racing shells, and racing sweeps.

HB 536. By Representatives Colwell of the 4th, Cox of the 141st, Manner of the 131st and others:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to probation, so as to change the provisions relating to the duty of probationers to inform their probation supervisors of their residences.

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HB 934. By Representatives Colwell of the 4th, Hays of the 1st and Jackson of the 9th:
A bill to amend Code Section 42-2-51 of the Official Code of Georgia Anno tated, relating to the jurisdiction of the Department of Offender Rehabilita tion over certain misdemeanor offenders, designation of place of confinement of inmates, and reimbursement of county for incarceration of inmates await ing transfer to the department, so as to change the provisions relating to the assignment by the commissioner of offender rehabilitation.

HB 973. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-4-22 of the Official Code of Georgia Anno tated, relating to membership of the Board of Trustees of the Public School Employees Retirement Fund, so as to change the provisions relative to the composition of the board.

HB 974. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-7-20 of the Official Code of Georgia Anno tated, relating to the Board of Trustees of the Georgia Firemen's Pension Fund, so as to change the composition of said board.

HB 976. By Representative Johnson of the 72nd:
A bill to amend Chapter 10 of Title 47 of the Official Code of Georgia Annotated, known as the "Trial Judges and Solicitors Retirement Fund Act," so as to change the provisions relative to a definition.

HB 1088. By Representatives Colwell of the 4th and Hays of the 1st:
A bill to amend Code Section 42-2-9 of the Official Code of Georgia Anno tated, relating to the selection of department personnel, so as to remove the requirement for consent and approval of the board.

HB 1089. By Representatives Colwell of the 4th and Hays of the 1st:
A bill to amend Code Section 44-12-199 of the Official Code of Georgia Annotated, relating to the presumption of abandonment of property, so as to provide for the presumptive abandoment of tangible personal property of persons under the custody and control of the Georgia Department of Of fender Rehabilitation after one year and to provide for the sale thereof.

HB 1124. By Representatives Millsaps of the 61st, Barnett of the 59th, White of the 62nd and others:
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 change the provisions relative to certain education districts.

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651

HB 1155. By Representatives Evans of the 84th and Walker of the 115th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.

HB 1156. By Representatives Evans of the 84th and Walker of the 115th:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated.

HB 1167. By Representatives Triplett of the 128th, Phillips of the 125th, Hamilton of the 124th and others:
A bill to amend an Act creating a new charter for the Town of Pooler, so as to define correctly the corporate limits of the Town of Pooler.

HB 1174. By Representatives Phillips of the 120th, Irvin of the llth and Long of the 142nd:
A bill to amend Part 3 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Safe Dams Act of 1978," relating to the operation and construction of dams, so as to provide that an artificial barrier impounding or diverting water that is less than 15 feet in height shall not be a dam for the purposes of said part unless it has an impounding capacity at its maximum storage elevation of 100 acre-feet or more.

HB 1186. By Representative Oliver of the 121st:
A bill to amend an Act abolishing the fee system of compensating the sheriff of Tattnall County and providing in lieu thereof an annual salary, so as to provide that the governing authority of Tattnall County shall furnish the sheriff a patrol automobile for each deputy sheriff.

HB 1189. By Representative Adams of the 79th:
A bill to repeal an Act entitled "An Act to consolidate and combine the Board of Tax Assessors of the City of Thomaston and the County of Upson and to define the powers and duties of such joint board of tax assessors".

HB 1193. By Representatives Dover of the llth, Irvin of the llth, Twiggs of the 4th and Colwell of the 4th:
A bill to amend, revise, consolidate, and supersede the several Acts incorpo rating the Town of Tallulah Falls, in Habersham and Rabun counties.

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HB 1222. By Representative Lambert of the 66th:
A bill- to amend an Act creating the Town of North High Shoals, so as to provide for the election of the mayor and council for the Town of North High Shoals.

HR 476. By Representatives Oliver of the 121st, Colwell of the 4th and Hays of the 1st:
A resolution granting a perpetual easement for construction, operation and maintenance of a transmission line across property owned by the State of Georgia in Tattnall County, Georgia.

HR 478. By Representative Johnson of the 72nd:
A resolution authorizing the conveyance of certain state owned real property located in Chattanooga, Tennessee, to the Lord Company.

HR 482. By Representatives McKelvey of the 15th, Childers of the 15th, and Caldwell of the 16th:
A resolution authorizing the conveyance of certain state owned property lo cated in Floyd County, Georgia.

HR 487. By Representative Johnson of the 72nd:
A resolution authorizing the conveyance of certain state owned real property located in Chattanooga, Hamilton County, Tennessee.

HR 524. By Representatives Colwell of the 4th, Hays of the 1st, Coleman of the 118th and Jackson of the 9th:
A resolution to amend an Act permitting the City of Atlanta to build and construct ways, streets, roads, bridges, viaducts, or plazas over the Western & Atlantic Railroad property, so as to prohibit the City of Atlanta from undertaking new construction on or changing the utilization of any part of any street-level plaza constructed over Western & Atlantic property prior to a certain date without the written approval of the State Properties Commission.

HR 544. By Representative Bray of the 91st:
A resolution authorizing the conveyance of certain state owned real property located in Meriwether County, Georgia, in order to settle certain boundary line discrepancies.

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

Allgood Barker

Barnes Bowen

Brannon Brantley

FRIDAY, JANUARY 27, 1984

653

Broun of 46th Burton
Cobb Coleman
g^klns English Engram Foster Garner Gillis Greene Harris

Harrison Hine
Holloway Horton
Hudgins " u &TM Kennedy Kidd Land Lester McGill McKenzie

Peevy Perry
Phillips Reddish
Scott of 43rd Jarr Tate Thompson Timmons Trulock Turner Walker

Those not answering were Senators:

Bond BBrroywannt of 47th Coggin Coverdell

Dean Fincher
Hill Howard

Scott of 2nd Scott of 36th
Stumbaugh Tysinger

Senator Starr of the 44th introduced the chaplain of the day, Reverend Harold
Withers, pastor of the First Baptist Church, Forest Park, Georgia, who offered scrip ture reading and prayer.

SENATE CALENDAR
Friday, January 27, 1984
NINETEENTH LEGISLATIVE DAY
SB 254 Parole--impose supervision fees (SUBSTITUTE) (Off R--4th)
SB 341 Workers' Compensation Board Decisions--change method of appeal (I&L--28th)
SB 360 Workers' Compensation--provisions for lump sum payment of future benefits (I&L--43rd)
SB 361 Workers' Compensation--provisions for automatic dismissal of appli cation for hearing (I&L--43rd)
SB 363 Professional Engineers, Land Surveyors--delete certain provisions on transacting business (I&L--41st)
SB 376 Employment Agency Advisory Council--termination date (I&L--28th)
SB 406 Estates--interest in property must vest within 21 years (Judy--52nd)
SB 431 State Court Solicitor--maintain Racketeer Influenced and Corrupt Organizations (RICO) actions certain cases (Judy--35th)
SB 433 Supersedeas Bonds--when notice of appeal is filed (Judy--35th)

654

JOURNAL OF THE SENATE

SR 298 HB 199 HB 918 HB 919 HB 931 HB 1032 HB 1034 HR 210

Auto Repair Industry Study Committee--create (SUBSTITUTE) (I&L--56th)
Superior Court Judges' Retirement--remove provisions on retirement after 70 (SUBSTITUTE) (Ret--33rd)
Webster County Superior Court--change terms of court (Judy--llth)
Stewart County Superior Court--change terms of court (Judy--llth)
Used Motor Vehicles--transfer by purchaser of registration (Trns--12th)
Counties--extent of jurisdiction (Judy--49th)
Property Covered by Deed to Secure Debt--fees for transfer (Judy--49th)
Henry E. Dillard Memorial Bridge--designate (Trns--12th)

HR 449 HR 489

Mableton Parkway--designate portion of State Highway 139 (Trns--12th)
Hubert Floyd Epps Memorial Bridge--designating (Trns--12th)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

The following general bill of the Senate, having been read the third time on Janu ary 9, 1984, and committed to the Senate Committee on Offender Rehabilitation, and favorably reported by the committee, was put upon its passage:

SB 254. By Senators Kennedy of the 4th, Gillis of the 20th, Garner of the 30th and others:
A bill to amend Code Section 42-9-42 of the Official Code of Georgia Anno tated, relating to procedure for granting of clemency, pardon, or parole, so as to impose parole supervision fees on persons who are paroled; to provide for other matters related thereto.

The Senate Committee on Offender Rehabilitation offered the following substitute to SB 254:
A BILL
To be entitled an Act to amend Code Section 42-9-42 of the Official Code of Georgia Annotated, relating to procedure for granting of clemency, pardon, or parole, so as to impose parole supervision fees on persons who are paroled; to provide for other matters related thereto; 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 42-9-42 of the Official Code of Georgia An notated, relating to procedure for granting of clemency, pardon, or parole, is

FRIDAY, JANUARY 27, 1984

655

amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) (1) Any person who is paroled shall be released on such terms and conditions as the board shall prescribe. The board shall diligently see that no peonage is allowed in the guise of parole relationship or supervi sion. The parolee shall remain the legal custody of the board until the expiration of the maximum term specified in his sentence or until he is pardoned by the board.
(2) The board may require the payment of a parole supervision fee of $10.00 per month as a condition of parole; provided, however, such requirement shall expire at the end of 24 months or the term of parole, whichever event occurs first. The board may require that the supervision fee be paid in advance of the time to be spent on parole. In such cases, any advance payments are nonreimbursable in the event of parole revoca tion or if parole is otherwise terminated prior to the expiration of the sentence being served on parole. Such fees shall be collected by the board to be paid into the general fund of the state treasury."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th
CCTMoogbgbloinn Coleman Coverdell Dawkins Deal Dean English

Fincher Foster Garner Gillis Greene Harris Hardson
HTTil.lnle Horton Howard Hudgins Huggins Kennedy Kidd

Lester McGill McKenzie Peevy Perry phmi Reddfsh
SS,,.ctaortrt of 43rd Tate Thompson Timmons Trulock Turner Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Barker Bond Bryant Engram

Holloway Land Scott of 2nd

Scott of 36th Stumbaugh Tysinger

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

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

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

HB 965. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1983-84, known as the "General Appropriations Act," so as to change the revenue estimate and certain appropriations for the State Fiscal Year 198384.

Senator Starr of the 44th moved that the Senate insist upon the Senate substitute to HB 965.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 965.

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

SB 341. By Senator Cobb of the 28th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to change the method of ap peal from decisions of the State Board of Workers' Compensation.

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

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

FRIDAY, JANUARY 27, 1984

657

Those voting in the affirmative were Senators:

Barker Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Dean English

Engram Garner
Gillis Harris Hill
Holloway Horton Hudgins
Huggins Kennedy Kidd Land

McGill McKenzie Perry Phillips Reddish Scott of 43rd Starr Thompson Trulock Turner Walker

Those voting in the negative were Senators:

Allgood Barnes Bond Dawkins Deal

Foster Harrison Hine Howard

Lester Peevy Stumbaugh Tate

Those not voting were Senators:

Bowen Bryant Fincher

Greene Scott of 2nd Scott of 36th

Timmons Tysinger

On the passage of the bill, the yeas were 35, nays 13.

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

SB 360. By Senator Scott of the 43rd:
A bill to amend Code Section 34-9-222 of the Official Code of Georgia An notated, relating to the award of lump sum payments of all or part of com pensation, so as to provide that the State Board of Workers' Compensation may, at its discretion, either schedule a hearing or solicit the affidavits of the parties in interest in order to determine the question of whether to award a lump sum payment of future benefits or an advance payment of a portion of future benefits.

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

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

English Engrain Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kennedy

Kidd Land Lester McGill Perry Phillips Reddish Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Walker

Those not voting were Senators:

Bowen Bryant Howard

McKenzie Peevy Scott of 2nd

Timmons Tysinger

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

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

SB 361. By Senator Scott of the 43rd:
A bill to amend Code Section 34-9-100 of the Official Code of Georgia An notated, relating to filing a claim for compensation with the State Board of Workers' Compensation, so as to provide for the automatic dismissal of ap plications for hearings if no hearing is scheduled for a period of five years.

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

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 Brantley Broun of 46th

Brown of 47th Burton Cobb Coggin

Coleman Coverdell Dawkins Dean

FRIDAY, JANUARY 27, 1984

659

English Engram Fincher
Foster Garner Gillis
Greene Harris Harrison
Hill Hine

Holloway Horton Hudgins Huggins Kennedy Kidd Lester McGill McKenzie Perry

Phillips Reddish Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Turner Walker

Those voting in the negative were Senators:

Allgood

Deal

Barnes

Land

Peevy

Those not voting were Senators:

Bowen Brannon Bryant

Howard Scott of 2nd Timmons

Trulock Tysinger

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

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

SB 363. By Senator Tysinger of the 41st:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to delete certain provisions relating to the transacting of business.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brannon Brantley

Broun of 46th Brown of 47th Burton Cobb Coggin Coleman

Coverdell Dawkins
Deal Dean English Engram

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JOURNAL OF THE SENATE

Fincher Foster Garner
Gillis Greene Harris
Harrison Hill
Hine Holloway Horton

Hudgins Huggins Kennedy
Kidd Land Lester
McGill McKenzie
Peevy Perry Phillips

Reddish Scott of 36th Scott of 43rd
Starr Stumbaugh Tate
Thompson Timmons
Trulock Turner Walker

Those not voting were Senators:

Bowen Bryant

Howard Scott of 2nd

Tysinger

On the passage of the bill, the yeas were 51, nays 0.

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

SB 376. By Senators Cobb of the 28th and Tysinger of the 41st:
A bill to amend Chapter 10 of Title 34 of the Official Code of Georgia Annotated, relating to private employment agencies, so as to change the ter mination date of the State Employment Agency Advisory Council and the date of repeal of laws relating to such council.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman

Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris

Harrison Hine Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie

FRIDAY, JANUARY 27, 1984

661

Peevy
Pf"? Phillips Reddish Scott of 36th

Scott of 43rd
Starr Stumbaugh Tate Thompson

Timmons Trulock
Turner Walker

Those not voting were Senators:

Bowen Bryant

Hill Holloway

Scott of 2nd Tysinger

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, assumed the Chair.

SB 406. By Senator Hine of the 52nd:
A bill to amend Article 1 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding estates, so as to provide that no interest in real or personal property shall be good unless it must vest, if at all, not later than 21 years after a life or lives in being at the creation of the interest.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell

Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway

Horton Howard Huggins Kidd Land Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 36th Scott of 43rd

662
Starr Stumbaugh Tate

JOURNAL OF THE SENATE

Thompson Timmons Trulock

Turner Walker

Those not voting were Senators:

Bryant Hill

Hudgins Kennedy (presiding)

Scott of 2nd Tysinger

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

SB 431. By Senator Coggin of the 35th:
A bill to amend Chapter 14 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia RICO (Racketeer Influenced and Cor rupt Organizations) Act," so as to provide that the solicitor of a state court may maintain RICO actions in certain cases.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the 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
5rantley, A** Brown 4 Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher
Foster
Garner Gillis
Greene "TM " arnson Hine Holloway Horton Howard Huggins Kidd Land

Lester McKenzie Peevy
Perry
Phillips Reddish
Scott of 36th ott of 43rd
Starr Stumbaugh Tate Thompson Timmons Trulock Turner Walker

FRIDAY, JANUARY 27, 1984

663

Those not voting were Senators:

Bryant
Hill Hudgins

Kennedy (presiding) McGill

Scott of 2nd Tysinger

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 433. By Senator Coggin of the 35th:
A bill to amend Code Section 5-5-47 of the Official Code of Georgia Anno tated, relating to supersedeas bonds when a new trial motion is filed in a criminal case, so as to provide that Code Section 5-6-45, relating to superse deas and supersedeas bonds when notice of appeal is filed, shall apply equally in cases where a motion for a new trial is filed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On 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
Burton
Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner
Harris Harrison Hine Horton Howard Huggins Kidd Lester

McGill Peevy Perry Phillips Reddish Scott of 36th
Starr Stumbaugh Tate Thompson Timmons Trulock Turner Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Barker Bryant Hill Holloway

Hudgins Kennedy (presiding) Land

McKenzie Scott of 2nd Tysinger

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

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

SR 298. By Senator Brantley of the 56th: A resolution to create the Auto Repair Industry Study Committee.

The Senate Committee on Industry and Labor offered the following substitute to SR 298:

A RESOLUTION
To create the Auto Repair Industry Study Committee; and for other purposes.
WHEREAS, automobile maintenance and repair constitutes a major expenditure for most Americans; and
WHEREAS, the increasing complexity of the automobile has magni fied both the potential for deception and the probability of mechanical in competence in the performance of auto repairs; and
WHEREAS, in an effort to deter questionable auto repair practices, a number of states have adopted auto repair laws which have focused on con sumer disclosure, facility licensing, and mechanics licensing; and
WHEREAS, Georgia's nearly 5.5 million residents own more than 3.5 million motor vehicles and spend approximately 1.25 billion dollars a year for auto maintenance and repair; and
WHEREAS, in addition to the burdensome expenditure for mainte nance and repair, Georgians may suffer other losses due to automobile acci dents caused by improper motor vehicle maintenance, mechanical defects, and faulty repair.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Auto Repair Industry Study Committee to be composed

FRIDAY, JANUARY 27, 1984

665

of five members of the Senate to be appointed by the President of the Senate who shall also designate the chairman. The committee shall conduct a com prehensive and exhaustive study of the most common complaints involving automobile repair, including such problems as mechanical incompetence, false estimates, and misleading statements by facility operators, and shall examine the efforts which have been adopted by other states to resolve these serious problems. The Governor's Office of Consumer Affairs shall cooperate fully with the committee during its deliberations and make available to the committee the inquiries and complaints which it has received concerning the auto repair industry in Georgia. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative mem bers of interim legislative committees but shall receive the same for not more than ten days. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the leg islative branch of government. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, to the 1985 session of the General Assembly of Georgia, at which time the committee shall stand abolished.

On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

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

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Horton Howard Huggins Kidd Land Lester

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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Bowen Bryant Hill

Holloway Hudgins Kennedy (presiding)

Scott of 2nd Tysinger

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

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

The following general bill of the House, having been read the third time on Janu ary 9, 1984, and committed to the Senate Committee on Retirement, and favorably
reported by the committee, was put upon its passage:

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.
Senate Sponsor: Senator Barnes of the 33rd.

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 199 (LC 3 1687) Superior Court Judges' Retirement System

This Bill would strike the provision that a Superior Court Judge must forfeit any retirement or disability benefits otherwise payable to him if that

FRIDAY, JANUARY 27, 1984

667

judge does not retire at the end of the term in which he attains 70 years of age.
The exact fiscal impact of this Bill cannot be determined since it is not known how many judges would serve past the age of 70 with or without this Bill. However, the impact is expected to be minimal. Under the current law, a member who was not vested when he retires after reaching the age of 70 would have his employee's contributions refunded with interest and the sys tem would benefit by retaining the employer's contribution. Under the pro posed Bill, if a non-vested member remains active until becoming vested, the system would not realize this benefit but no unfunded liability would be cre ated since the continuing employee's and employer's contributions would be sufficient to provide for his benefits. A vested member who would retire at age 70 under the current law but who would continue to serve under the proposed legislation would have a minimal impact on the system since the continuing employee and employer contributions would be sufficient to fund his benefits upon actual retirement.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

The Senate Committee on Retirement offered the following substitute to HB 199:

A BILL
To be entitled an Act to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement benefits, disability bene fits, 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; to amend Code Section 47-2-244, relating to optional benefits available to Justices of the Supreme Court and Judges of the Court of Appeals, so as to remove the provisions relating to retirement after reaching 70 years of age; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-9-70 of the Official Code of Georgia An notated, relating to retirement benefits, disability benefits, spouses benefits, and age of retirement under the Superior Court Judges Retirement System, is amended by striking subsection (a), which reads as follows:
"(a) (1) Except as otherwise provided in this chapter, any member who has attained 70 years of age and who fails to retire effective on the first day of the calendar month next succeeding that in which he attains 70 years of age shall forfeit his right to receive any retirement or disabil ity benefits under this chapter, provided that a member who held office as a judge of the superior courts on July 1, 1976, shall not be required to retire, regardless of his age, until such member obtains ten years of cred itable service to qualify him for early retirement benefits under subsec tion (a) of Code Section 47-9-71.

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JOURNAL OF THE SENATE

(2) Any other provisions of this or any other law to the contrary notwithstanding, any judge who was a member of the system in 1980, who was reelected as a judge in 1980, and who attains the age of 70 years during the term to which he was reelected shall be allowed, if he chooses to do so, to complete the term to which he was reelected without forfeiting any retirement or disability benefits under this chapter.
(3) Any other provisions of this or any other law to the contrary notwithstanding, any judge who is a member of the system, who is reelected as a judge in the future, and who attains the age of 70 years during the term to which he is reelected shall be allowed, if he chooses to do so, to complete the term to which he is reelected without forfeiting any retirement or disability benefits under this chapter.",
in its entirety and inserting in lieu thereof the following:
"(a) Reserved."
Section 2. Code Section 47-2-244, relating to optional benefits availa ble to Justices of the Supreme Court and Judges of the Court of Appeals, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Any appellate court judge who seeks benefits under this Code section shall tender to the board of trustees before January 1, 1972, or within 60 days after the commencement of his term of office, whichever shall occur later, a written notice stating that he has elected to accept such benefits in lieu of any retirement allowances otherwise available under this retirement system and in lieu of the appointment to and the holding of any emeritus office."
Section 3. Said Code Section 47-2-244 is further amended by striking subsection (1) which reads as follows:
"(1) Any appellate court judge who elects to receive the benefits provided for by this Code section and who fails to resign his office as appellate court judge on or before the day he attains age 70 or on or before June 30, 1972, in the event he attained age 70 on or prior to June 30, 1972, shall not be entitled to receive any benefits under this Code section and shall forfeit all contributions made under it.",
in its entirety and inserting in lieu thereof the following:
"(1) Reserved."
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.

FRIDAY, JANUARY 27, 1984

669

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 24, 1983

SUBJECT: Fiscal Note - Substitute to House Bill 199 (LC 3 1798S) Superior Court Judges' Retirement System Employees' Retirement System (ERS)

The provisions of this Bill and their fiscal impact are presented in the following paragraphs.

1. This Bill would strike the provision that a Superior Court Judge must forfeit any retirement or disability benefits otherwise payable to him if that judge does not retire at the end of the term in which he attains 70 years of age.

The exact fiscal impact of this provision cannot be determined since it is not known how many judges would serve past the age of 70 with or without this Bill. However, the impact is expected to be minimal. Under the current law, a member who was not vested when he retires after reaching the age of 70 would have his employee's contributions refunded with interest and the system would benefit by retaining the employer's contribution. Under the proposed Bill, if a non-vested member remains active until becoming vested, the system would not realize this benefit but no unfunded liability would be created since the continuing employee's and employer's contributions would be suffi cient to provide for his benefits. A vested member who would retire at age 70 under the current law but who would continue to serve under the proposed legislation would have a minimal impact on the system since the continuing employee and employer contributions would be sufficient to fund his benefits upon actual retirement.

2. This Bill would strike the provision that an appellate court judge must agree to retire on or before the day upon which he attains the age of 70 in order to obtain benefits under ERS. The Bill would also strike the provision that an appellate court judge must forfeit all benefits and contributions available under ERS if he does not resign upon reaching the age of 70.

The fiscal impact of this provision would be minimal. While it would permit a member to receive increased benefits (assuming that salaries

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JOURNAL OF THE SENATE

of judges would increase each year), the member would contribute for
an increased number of years and would draw benefits for fewer years.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

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

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Loyce Turner, Chairman

Senate Retirement Committee

FROM: W. M. Nixon, State Auditor

DATE: January 26, 1984

SUBJECT: Substitute to House Bill 199 (LC 3 1798S) Superior Court Judges' Retirement System Employees' Retirement System (ERS)

The provisions of this Bill and their fiscal impact are presented in the following paragraphs.

1. This Bill would strike the provision that a Superior Court Judge must forfeit any retirement or disability benefits otherwise payable to him if that judge does not retire at the end of the term in which he attains 70 years of age.

2. This Bill would strike the provision that an appellate court judge must agree to retire on or before the day upon which he attains the age of 70 in order to obtain benefits under ERS. The Bill would also strike the provision that an appellate court judge must forfeit all benefits and con tributions available under ERS if he does not resign upon reaching the age of 70.

This is to certify that this is a nonfiscal retirement bill to the pension system.

/s/ W. M. Nixon State Auditor

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

FRIDAY, JANUARY 27, 1984

671

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

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

Those voting in the affirmative were Senators:

Allgood Barnes
Bowen Brannon
Brantley Broun of 46th Brown of 47th Burton
Cobb Coggin
Coleman Coverdell
Dawkins Deal

Dean English Engram
Fincher
Foster Garner Greene
Harris Harrison
Hill Hine
Horton Huggins
Kidd

Lester McGill Peevy Perry Reddish Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Walker

Those voting in the negative were Senators:

Barker Gillis Hudgins

Land McKenzie

Those not voting were Senators:

Phillips Turner

Bond Bryant
Holloway

Howard
Kennedy (presiding) Scott of 2nd

Scott of 36th Tysinger

On the passage of the bill, the yeas were 41, nays 7.

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

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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 918. By Representative Greene of the 130th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of superior courts, so as to change the terms of court for Webster County in the Southwestern Judicial Circuit.
Senate Sponsor: Senator Timmons of the llth.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coverdell Dawkins 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 Reddish Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Walker

Those not voting were Senators:

Bryant Coleman Kennedy (presiding)

McKenzie Scott of 2nd

Trulock Tysinger

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

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

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673

HB 919. By Representative Greene of the 130th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of superior courts, so as to change the terms of court for Stewart County in the Southwestern Judicial Circuit.
Senate Sponsor: Senator Timmons of the llth.

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

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

Those voting in the affirmative were Senators:

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

English Engram Fincher Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd

Land Lester McGill McKenzie Peevy Perry Phillips Scott of 36th Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Walker

Those not voting were Senators:

Bryant Foster Kennedy (presiding)

Reddish Scott of 2nd

Stumbaugh Tysinger

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

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

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JOURNAL OF THE SENATE

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

SB 385. By Senator Kidd of the 25th:
A bill to amend an Act creating a board of commissioners of Baldwin County, as amended, so as to provide for the election of board members from districts.

The House amendment was as follows:

Amend SB 385 by striking from Section 1 on line 16 of Page 3 the word "east" and inserting in lieu thereof the word
"west".

Senator Kidd of the 25th moved that the Senate agree to the House amendment to SB 385.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 385.
The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:
SB 332. By Senators Barnes of the 33rd, Trulock of the 10th and Dean of the 31st: A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Anno tated, relating to vacation of office, so as to provide that certain public offi cials shall be suspended from office upon being indicted for a felony.
The House amendments were as follows:
Amendment No. 1: Amend SB 332 by striking from line 7 of Page 4 the following: "The Governor",
and inserting in lieu thereof the following: "If, and only if, the commission recommends suspension, then the
Governor". By striking lines 23 through 29 of Page 4, which read as follows: "(d) For the duration of any suspension under this Code section, the
Governor shall appoint a replacement officer for the public official sus-

FRIDAY, JANUARY 27, 1984

675

pended. The replacement officer shall be qualified to serve during the period of suspension. Upon the final conviction, a vacancy shall exist, and the provisions of Code Section 45-5-2 shall apply.",
and inserting in lieu thereof the following:
"(d) (1) For the duration of any suspension of any elected member of any municipal or consolidated city-county governing authority under this Code section, a replacement officer for the public officer suspended shall be appointed as provided for in any general law, local law, ordi nance, or resolution governing the filling of a temporary vacancy in the public office affected. For the duration of any suspension of any other public official under this Code section, a replacement officer for the pub lic official shall be appointed as provided for in any applicable general or local law governing the filling of a temporary vacancy in the public office affected. If no such general law, local law, ordinance, or resolution gov erning the filling of a temporary vacancy is applicable, then the Governor shall appoint a replacement officer for the public official suspended.
(2) Upon the final conviction, the office of the public official shall be vacated immediately without further action. Said vacancy shall be filled in the manner provided by law for filling vacancies in such office."

Amendment No. 2:
Amend SB 332 by deleting lines 13 and 14 on Page 3 and substituting in lieu thereof the following:
(b) "Upon indictment for a felony by a Grand Jury of this State, which felony indictment relates to the performance or activities of the office of any public. . ."
and by adding after the word "official" on line 15, Page 3, the words:
"and in the case of a sheriff, any such indictment by this State or any such indictment by the United States. . .,"

Senator Barnes of the 33rd moved that the Senate agree to the House amend ments to SB 332.

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 Burton Cobb Coggin Coleman Coverdell

Dawkins Deal Dean English Engram Fincher Garner

676
Gillis Greene Harris Harrison Hill Hine Horton Howard Hudgins

JOURNAL OF THE SENATE

Muggins Kidd Land
Lester McGill McKenzie Peevy
Perry Phillips

Scott of 36th Scott of 43rd Starr
Stumbaugh Tate Thompson Trulock
Turner Walker

Those not voting were Senators:

Bryant Foster Holloway

Kennedy (presiding) Reddish Scott of 2nd

Timmons Tysinger

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 332.

The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto:

SR 267. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A resolution proposing an amendment to the Constitution so as to provide that a judge may be suspended from office upon being indicted for a felony and may be removed from office upon being convicted of a felony in this state, in any other state, or in the United States and to provide for proce dures and other matters relative thereto; to provide for submission of this amendment for ratification or rejection.

The House amendment was as follows:

Amend SR 267 by deleting lines 14 and 15 on Page 2 and substituting in lieu thereof:
"(b) (1) Upon indictment for a felony by a grand jury of this State or by a grand jury of the United States . . ."
and
by deleting line 29 on Page 4 and substituting in lieu thereof, "by this State or by . . ."

Senator Barnes of the 33rd moved that the Senate agree to the House amendment to SR 267.

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677

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 Burton Cobb Coggin Coleman Coverdell Deal

Dean English Engram Fincher Garner Gillis Greene Harris Harrison Hill Hine Horton Huggins Kidd Land

Those not voting were Senators:

Lester McGill McKenzie Peevy
Perry Phillips
Scott of 36th Scott of 43rd Starr Stumbaugh Tate
Thompson Trulock
Turner Walker

Bryant Dawkins Foster Holloway

Howard Hudgins Kennedy (presiding) Reddish

Scott of 2nd Timmons Tysinger

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 267.

The following resolution of the Senate was taken up for the purpose of considering the House amendments thereto:

SR 268. By Senators Barnes of the 33rd, Trulock of the 10th and Dean of the 31st:
A resolution proposing an amendment to the Constitution so as to provide that certain public officials may be suspended from office upon being in dicted for a felony and may be removed from office upon being convicted of a felony in this state, in any other state, or in the United States and to provide for procedures and other matters related thereto; to provide for sub mission of this amendment for ratification or rejection.

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JOURNAL OF THE SENATE

The House amendments were as follows:
Amendment No. 1: Amend SR 268 by deleting lines 25 and 26 on Page 1 and substituting
in lieu thereof:
"(b) Upon indictment for a felony by a Grand Jury of this State, which felony indictment relates to the performance or activities of the office of any public . . .",
and by deleting lines 16 and 17 on Page 5 and substituting in lieu thereof:
". . . felony by this State and to provide . . .".
Amendment No. 2:
Amend SR 268 by deleting the period (.) on line 25, Page 3, and adding after the word "officer" the words:
". . . except in the case of a member of the General Assembly."

Senator Barnes of the 33rd moved that the Senate agree to the House amend ments to SR 268.

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 Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean Engram Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Huggins Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Walker

FRIDAY, JANUARY 27, 1984

679

Those not voting were Senators:

Bryant
English Fincher Foster

Howard Hudgins Kennedy (presiding)

Scott of 2nd Timmons Tysinger

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SR 268.
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 931. By Representative Jackson of the 9th: A bill to amend Code Section 40-2-20 of the Official Code of Georgia Anno tated, relating to the registration and licensure of motor vehicles, so as to require that the purchaser of a used motor vehicle for which there is an existing registration transfer the registration within seven days of the date of purchase.
Senate Sponsor: Senator Holloway of the 12th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon
nBrraou"n oyff 4A6Mth Brown of 47th Burton Cobb
Coggin Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Garner Gillis
SHfaererinse Harrison Hill Hine
Holloway Horton Huggins Kidd Land

Lester McKenzie Peevy Perry Phillips Reddish
S^c"., ff 3,6, th, Scott of 43rd tarru . Stumbaugh
Tate Timmons Trulock Turner Walker

Voting in the negative was Senator Thompson.

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JOURNAL OF THE SENATE

Those not voting were Senators:

Bryant Foster Howard

Hudgins Kennedy (presiding) McGill

Scott of 2nd Tysinger

On the passage of the bill, the yeas were 47, nays 1. The bill, having received the requisite constitutional majority, was passed.

HB 1032. By Representative Evans of the 84th: A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions relative to local governments and coun ties, so as to change the provisions relating to the extent of jurisdiction of counties.
Senate Sponsor: Senator Deal of the 49th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Dean English Engram Fincher Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Kidd

Land Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 43rd Starr Stumbaugh Thompson Trulock Turner Walker

Those not voting were Senators:

Bryant Foster Hudgins

Kennedy (presiding) Scott of 2nd Scott of 36th

Tate Timmons Tysinger

FRIDAY, JANUARY 27, 1984

681

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

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

HB 1034. By Representative Evans of the 84th:
A bill to repeal Code Section 44-14-65 of the Official Code of Georgia An notated, relating to fees for transfer of real property covered by deed to secure debt.
Senate Sponsor: Senator Deal of the 49th:

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

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

Those voting in the affirmative were Senators:

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

Dean English Fincher Gillis Harris Harrison Hill Hine Holloway Horton Howard Huggins Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Trulock Turner Walker

Those not voting were Senators:

Brannon Bryant Engrain Foster

Garner Greene Hudgins Kennedy (presiding)

Scott of 2nd Starr Timmons Tysinger

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

HR 210. By Representatives Twiggs and Colwell of the 4th and Irwin and Dover of the llth: A resolution designating the Henry E. Dillard Memorial Bridge.
Senate Sponsors: Senators Holloway of the 12th and Barnes of the 33rd.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

English Engram Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd

Lester McGill
Peevy Perry Phillips Reddish Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Timmons Trulock Turner Walker

Those not voting were Senators:

Brannon Bryant Cobb Fincher

Foster Kennedy (presiding) Land McKenzie

Scott of 2nd Tate Tysinger

On the adoption of the resolution, the yeas were 45, nays 0. The resolution, having received the requisite constitutional majority was adopted.

HR 449. By Representatives Thompson, Lawler, Wilson and Burruss of the 20th and others:
A resolution designating a portion of State Highway 139 as the Mableton Parkway.
Senate Sponsors: Senators Holloway of the 12th and Barnes of the 33rd.

FRIDAY, JANUARY 27, 1984

683

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 Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Kidd

Land Lester McGill
McKenzie Peevy Perry Phillips Reddish
Scott of 36th Scott of 43rd Stumbaugh
Tate Thompson Timmons
Turner Walker

Those not voting were Senators:

Bryant Foster Hudgins

Kennedy (presiding)
Scott of 2nd Starr

Trulock Tysinger

On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

HR 489. By Representatives Birdsong of the 104th, Groover of the 99th, Pinkston of the 100th and others:
A resolution authorizing and directing the Department of Transportation to designate the U.S. 80--Georgia Highway 19 bridge crossing the Seaboard System Railroad at Dry Branch, Georgia, as the Hubert Floyd Epps Memo rial Bridge.
Senate Sponsors: Senators Holloway of the 12th and Barker of the 18th.

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JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

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

English Engram Foster Garner Greene Harris Harrison Hill Hine Holloway Howard Hudgins Huggins Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Walker

Those not voting were Senators:

Barker Bryant Fincher

Gillis Horton Kennedy (presiding)

Scott of 2nd Starr Tysinger

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

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

The President resumed the Chair.

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

FRIDAY, JANUARY 27, 1984

685

Mr. President:

The House insists on its position in disagreeing to the Senate substitute to the following bill of the House:

HB 965. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1983-84, known as the "General Appropriations Act," so as to change the revenue estimate and certain appropriations for the State Fiscal Year 1983-84.

The Speaker has appointed a Committee of Conference on the part of the House:
Representatives McDonald of the 12th, Burruss of the 20th and Phillips of the 120th.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 965. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1983-84, known as the "General Appropriations Act," so as to change the revenue estimate and certain appropriations for the State Fiscal Year 198384.

Senator Starr of the 44th moved that the Senate adhere to the Senate substitute to HB 965, and that a Conference Committee be appointed.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 965.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Starr of the 44th, Holloway of the 12th and Allgood of the 22nd.

Serving as doctor of the day today was Dr. Gene Davidson of Rome, Georgia.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. Monday, January 30, and the motion prevailed.

686

JOURNAL OF THE SENATE

At 11:55 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. Monday, January 30.

MONDAY, JANUARY 30, 1984

687

Senate Chamber, Atlanta, Georgia Monday, January 30, 1984
Twenty-second Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.

Senator Engram of the 34th reported that the Journal of the proceedings of Fri day, January 27, had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1253. By Representative Greene of the 130th:
A bill to provide that the judge of the Probate Court of Randolph County shall serve as chief magistrate of the Magistrate Court of Randolph County.

HB 1272. By Representatives Argo of the 68th, Logan of the 67th, Milford of the 13th and others:
A bill to create a board of elections and registration in Clarke County.

HB 1275. By Representatives Argo of the 68th, Logan of the 67th and Milford and Clark of the 13th:
A bill to make provisions for the Magistrate Court of Clarke County.

HB 1282. By Representatives Kilgore of the 42nd, Watts of the 41st and Johnson of the 70th:
A bill to amend an Act creating the board of commissioners of Douglas County, so as to change the compensation of the chairman of the board of commissioners.

688

JOURNAL OF THE SENATE

HB 1283. By Representatives Kilgore of the 42nd, Watts of the 41st and Johnson of the 70th:
A bill to amend an Act creating a Magistrate's Court of Douglas County, so as to provide for the Magistrate Court of Douglas County.

HB 1170. By Representative Crosby of the 150th:
A bill to amend Article 1 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title in general, so as to change procedures for hearing complaints of persons aggrieved by actions or omissions to act of the commissioner or employees of the Depart ment of Revenue.

HB 1078. By Representatives Thomas of the 69th, Pettit of the 19th, Groover of the 99th and others:
A bill to amend Article 3 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to appointment and qualification of administra tors and executors in general, so as to provide that no citation shall be re quired when an administrator with the will annexed is named by the benefi ciaries under a will who are capable of expressing a choice.

HB 1153. 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 1025. By Representatives Wood of the 9th and Ware of the 77th:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Anno tated, relating to certain requirements of motor vehicle liability policies and coverage of claims against uninsured motorists, so as to increase certain cov erages in motor vehicle liability insurance policies.

HB 1118. By Representative Phillips of the 120th:
A bill to amend Code Section 21-2-2 of the Official Code of Georgia Anno tated, relating to definitions applicable to the "Georgia Election Code," so as to provide that public office to which the "Georgia Election Code" applies shall not include soil and water conservation district supervisors.

HB 978. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-14-20 of the Official Code of Georgia An notated, relating to the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia, so as to change the composition of said board.

MONDAY, JANUARY 30, 1984

689

HB 979. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-11-20 of the Official Code of Georgia An notated, relating to the Board of Commissioners of the Judges of the Pro bate Courts Retirement Fund of Georgia, so as to change the composition of said board.

HB 989. By Representatives Crosby of the 150th, Phillips of the 120th, Burruss of the 20th and Hooks of the 116th:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia An notated, relating to preferential ad valorem tax assessment of tangible real property devoted to agricultural purposes, so as to require that property which is subject to preferential assessment be separately classified from all other property on the tax digest.

HB 1138. By Representatives Kilgore of the 42nd, Crosby of the 150th, Groover of the 99th and others:
A bill to amend Code Section 48-3-12 of the Official Code of Georgia Anno tated, relating to issuance of garnishments by tax collectors and tax commis sioners and proceedings thereon, so as to provide that the tax execution shall be returned to the appropriate court.

HB 1022. By Representatives Childs of the 53rd, Galer of the 97th, Steinberg of the 46th and others:
A bill to amend Article 3 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to execution and attestation of wills, so as to provide for self-proved wills.

HB 1029. By Representatives Alien of the 127th, Triplett of the 128th, Hamilton of the 124th and others:
A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to make it unlawful for any parent, guardian, or other person having the legal care, custody, or control of any child under the age of 16 years to allow or permit such child to loiter or remain upon any street or public place between the hours of 12:00 midnight and 5:00 A.M. of the following day, unless accom panied by a parent, guardian, or other adult having the responsibility of such child or unless the child had a legitimate excuse for being there.

HB 914. By Representative Bray of the 91st:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to auctioneers, so as to change the termination date of the Georgia Auctioneers Commission.

690

JOURNAL OF THE SENATE

HB 1027. By Representatives Hooks of the 116th, Chambless of the 133rd, Cox of the 141st and Auten of the 156th:
A bill to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to physician's assistants, generally, so as to require that an application for approval to use a physician's assistant shall include evi dence that the person who is to be used as a physician's assistant has achieved a satisfactory score on an appropriate examination outlined, ap proved, administered by the Composite State Board of Medical Examiners.

HB 981. By Representatives Chambless of the 133rd, Lawson of the 9th, Karrh of the 109th and Steinberg of the 46th:
A bill to amend Code Section 15-10-20 of the Official Code of Georgia An notated, relating to the number and selection of magistrates, so as to provide a minimum compensation amount for a judge of probate court who serves as chief magistrate.

HB 982. By Representatives Chambless of the 133rd, Hirsch of the 96th, Davis of the 45th and Steinberg of the 46th:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols or revolvers, so as to change investigation procedures for renewal of licenses.

HB 1181. By Representatives Chambless of the 133rd and Hooks of the 116th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians and osteopaths, so as to provide for meth ods of evaluation, inspection, and approval for medical and osteopathic col leges; to provide for licensing of certain medical school graduates.

HB 1207. By Representatives Watts of the 41st, Murphy of the 18th, Alford of the 57th and others:
A bill to amend Code Section 34-4-3 of the Official Code of Georgia Anno tated, relating to the amount of minimum wage to be paid by employers, so as to change the amount of the minimum wage.

HB 1232. By Representative Reaves of the 147th:
A bill to amend Code Section 43-50-52 of the Official Code of Georgia An notated, relating to applications for registration as veterinary technicians and examinations and exemptions from examinations therefor, so as to change the provisions relating to exemptions of certain applicants from the examination and certain other requirements for certification as registered animal technicians.

MONDAY, JANUARY 30, 1984

691

HB 1070. By Representatives Hamilton of the 124th, Lawler of the 20th, Richardson of the 52nd and others:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide for the collection, classification, and preservation of information which would assist in the identification of any deceased individual or in the location of any missing person.

HB 520. By Representatives Adams of the 16th, Hasty of the 8th, Maddox of the 7th and Cox of the 141st:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Post-mortem Examination Act," so as to provide that the opinion of the coroner shall be considered by the medical examiner in determining the necessity for an autopsy or dissection.

HB 510. By Representative Crosby of the 150th:
A bill to amend Code Section 40-1-1 of the Official Code of Georgia Anno tated, relating to definitions in connection with motor vehicles and traffic, so as to redefine the term "Moped".

The House has adopted by the requisite constitutional majority the following reso lution of the House:

HR 185. By Representatives Hays of the 1st, Wood of the 9th, Padgett of the 86th and others:
A resolution proposing an amendment to the Constitution, so as to change the amount of the homestead exemption granted to disabled veterans and provide a method of changing this amount in the future.

The House has agreed to the Senate amendment to the following bill of the House:

HB 1079. By Representative Crawford of the 5th:
A bill to amend an Act creating the State Court of Chattooga County, so as to correct an error in the description of the dates of election of the judge and solicitor of the court.

The House has adopted by the requisite constitutional majority the following reso lution of the House:

HR 504. By Representatives Williams and Foster of the 6th:
A resolution authorizing the conveyance of certain state owned property to the City of Dalton, Georgia.

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JOURNAL OF THE SENATE

The House has passed by the requisite constitutional majority the following bill of the House:

HB 559. By Representatives Millsaps of the 61st, Martin of the 60th, Milford of the 13th and others:
A bill to amend Article 2 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to leaves of absence, so as to provide that each employee of the State of Georgia or of any branch, department, board, bu reau, or commission of the State of Georgia who donates one of such em ployee's kidneys for the purpose of transplantation shall receive a leave of absence, with pay, of 30 days.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 492. By Senator Dawkins of the 45th:
A bill to amend an Act providing for a public defender for Rockdale County, as amended, so as to change the compensation of the public de fender; to provide an effective date.
Referred to Committee on Federal, State and Community Affairs.

SB 493. By Senators Bond of the 39th, Scott of the 36th, Scott of the 43rd and others:
A bill to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions regarding public assis tance, so as to repeal certain provisions relating to the establishment of pilot community work experience programs.
Referred to Committee on Human Resources.

SB 494. By Senators Peevy of the 48th and Phillips of the 9th:
A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, as amended, so as to change the provisions relating to the supplement of the salary of each of the judges of the Superior Court of Gwinnett Judicial Circuit from the funds of Gwin nett County.
Referred to Committee on Federal, State and Community Affairs.

SR 342. By Senators Kennedy of the 4th and Perry of the 7th:
A resolution relative to the award of attorneys' fees in suits against the state and political subdivisions.
Referred to Committee on Judiciary.

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693

SR 344. By Senator English of the 21st:
A resolution to amend an Act authorizing the conveyance of certain real property located in Jenkins County to the City of Millen, so as to change the terms and conditions of said conveyance.
Referred to Committee on Public Utilities.

The following bills and resolutions of the House were read the first time and re ferred to committees:

HB 510. By Representative Crosby of the 150th:
A bill to amend Code Section 40-1-1 of the Official Code of Georgia Anno tated, relating to definitions in connection with motor vehicles and traffic, so as to redefine the term "Moped".
Referred to Committee on Transportation.

HB 520. By Representatives Adams of the 16th, Hasty of the 8th, Maddox of the 7th and Cox of the 141st:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Post-Mortem Examination Act," so as to provide that the opinion of the coroner shall be considered by the medical examiner in determining the necessity for an autopsy or dissection.
Referred to Committee on Human Resources.

HB 559. By Representatives Millsaps of the 61st, Martin of the 60th, Milford of the 13th and others:
A bill to amend Article 2 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to leaves of absence, so as to provide that each employee of the State of Georgia or of any branch, department, board, bu reau, or commission of the State of Georgia who donates one of such em ployee's kidneys for the purpose of transplantation shall receive a leave of absence, with pay, of 30 days.
Referred to Committee on Human Resources.

HB 914. By Representative Bray of the 91st:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to auctioneers, so as to change the termination date of the Georgia Auctioneers Commission.
Referred to Committee on Industry and Labor.

HB 978. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-14-20 of the Official Code of Georgia An notated, relating to the Board of Commissioners of the Superior Court

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Clerks' Retirement Fund of Georgia, so as to change the composition of said board.
Referred to Committee on Retirement.

HB 979. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-11-20 of the Official Code of Georgia An notated, relating to the Board of Commissioners of the Judges of the Pro bate Courts Retirement Fund of Georgia, so as to change the composition of the board.
Referred to Committee on Retirement.

HB 981. By Representatives Chambless of the 133rd, Lawson of the 9th, Karrh of the 109th and Steinberg of the 46th:
A bill to amend Code Section 15-10-20 of the Official Code of Georgia An notated, relating to the number and selection of magistrates, so as to provide a minimum compensation amount for a judge of probate court who serves as chief magistrate.
Referred to Committee on Judiciary.

HB 982. By Representatives Chambless of the 133rd, Hirsch of the 96th, Davis of the 45th and Steinberg of the 46th:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols or revolvers, so as to change investigation procedures for renewal of licenses.
Referred to Committee on Judiciary.

HB 989. By Representatives Crosby of the 150th, Phillips of the 120th, Burruss of the 20th and Hooks of the 116th:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia An notated, relating to preferential ad valorem tax assessment of tangible real property devoted to agricultural purposes, so as to require that property which is subject to preferential assessment be separately classified from all other property on the tax digest.
Referred to Committee on Banking and Finance.

HB 1022. By Representatives Childs of the 53rd, Galer of the 97th, Steinberg of the 46th and others:
A bill to amend Article 3 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to execution and attestation of wills, so as to provide for self-proved wills.
Referred to Committee on Judiciary.

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HB 1025. By Representatives Wood of the 9th and Ware of the 77th:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Anno tated, relating to certain requirements of motor vehicle liability policies and coverage of claims against uninsured motorists, so as to increase certain cov erages in motor vehicle liability insurance policies.
Referred to Committee on Insurance.

HB 1027. By Representatives Hooks of the 116th, Chambless of the 133rd, Cox of the 141st and Auten of the 156th:
A bill to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to physician's assistants, generally, so as to require that an application for approval to use a physician's assistant shall include evi dence that the person who is to be used as a physician's assistant has achieved a satisfactory score on an appropriate examination outlined, ap proved, or administered by the Composite State Board of Medical Examiners.
Referred to Committee on Human Resources.

HB 1029. By Representatives Alien of the 127th, Triplett of the 128th, Hamilton of the 124th and others:
A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to make it unlawful for any parent, guardian, or other person having the legal care, custody, or control of any child under the age of 16 years to allow or permit such child to loiter or remain upon any street or public place between the hours of 12:00 midnight and 5:00 A.M. of the following day, unless accom panied by a parent, guardian, or other adult having the responsibility of such child or unless the child had a legitimate excuse for being there.
Referred to Committee on Children and Youth.

HB 1070. By Representatives Hamilton of the 124th, Lawler of the 20th, Richardson of the 52nd and others:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide for the collection, classification, and preservation of information which would assist in the identification of any deceased individual or in the location of any missing person.
Referred to Committee on Judiciary.

HB 1078. By Representatives Thomas of the 69th, Pettit of the 19th, Groover of the 99th and others:
A bill to amend Article 3 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to appointment and qualification of administra tors and executors in general, so as to provide that no citation shall be re-

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quired when an administrator with the will annexed is named by the benefi ciaries under a will who are capable of expressing a choice.
Referred to Committee on Judiciary and Constitutional Law.

HB 1118. By Representative Phillips of the 120th:
A bill to amend Code Section 21-2-2 of the Official Code of Georgia Anno tated, relating to definitions applicable to the "Georgia Election Code," so as to provide that public office to which the "Georgia Election Code" applies shall not include soil and water conservation district supervisors.
Referred to Committee on Governmental Operations.

HB 1138. By Representatives Kilgore of the 42nd, Crosby of the 150th, Groover of the 99th and others:
A bill to amend Code Section 48-3-12 of the Official Code of Georgia Anno tated, relating to issuance of garnishments by tax collectors and tax commis sioners and proceedings thereon, so as to provide that the tax execution shall be returned to the appropriate court.
Referred to Committee on Judiciary and Constitutional Law.

HB 1153. By Representative Ross of the 82nd:
A bill to amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to recreation leaders and therapeutic recreation techni cians, so as to change the termination date of the State Board of Recreation Examiners and the date of repeal of laws relating to such board.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1170. By Representative Crosby of the 150th:
A bill to amend Article 1 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title in general, so as to change procedures for hearing complaints of persons aggrieved by actions or omissions to act of the commissioner or employees of the Depart ment of Revenue.
Referred to Committee on Transportation.

HB 1181. By Representatives Chambless of the 133rd and Hooks of the 116th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians and osteopaths, so as to provide for meth ods of evaluation, inspection, and approval for medical and osteopathic col leges; to provide for licensing of certain medical school graduates.
Referred to Committee on Human Resources.

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697

HB 1207. By Representatives Watts of the 41st, Murphy of the 18th, Alford of the 57th and others:
A bill to amend Code Section 34-4-3 of the Official Code of Georgia Anno tated, relating to the amount of minimum wage to be paid by employers, so as to change the amount of the minimum wage.
Referred to Committee on Industry and Labor.

HB 1232. By Representative Reaves of the 147th:
A bill to amend Code Section 43-50-52 of the Official Code of Georgia An notated, relating to applications for registration as veterinary technicians and examinations and exemptions from examinations therefor, so as to change the provisions relating to exemptions of certain applicants from the examination and certain other requirements for certification as registered animal technicians.
Referred to Committee on Agriculture.

HB 1253. By Representative Greene of the 130th:
A bill to provide that the Judge of the Probate Court of Randolph County shall serve as chief magistrate of the Magistrate Court of Randolph County.
Referred to Committee on Federal, State and Community Affairs.

HB 1272. By Representatives Argo of the 68th, Logan of the 67th and Milford and Clark of the 13th:
A bill to create a board of elections and registration in Clarke County. Referred to Committee on Federal, State and Community Affairs.

HB 1275. By Representatives Argo of the 68th, Logan of the 67th and Milford and Clark of the 13th:
A bill to make provisions for the Magistrate Court of Clarke County. Referred to Committee on Federal, State and Community Affairs.

HB 1282. By Representatives Kilgore of the 42nd, Watts of the 41st and Johnson of the 70th:
A bill to amend an Act creating the board of commissioners of Douglas County, so as to change the compensation of the chairman of the board of commissioners.
Referred to Committee on Federal, State and Community Affairs.

HB 1283. By Representatives Kilgore of the 42nd, Watts of the 41st and Johnson of the 70th:
A bill to amend an Act creating a Magistrate's Court of Douglas County, so as to provide for the Magistrate Court of Douglas County.
Referred to Committee on Federal, State and Community Affairs.

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HR 185. By Representatives Hays of the 1st, Wood of the 9th, Padgett of the 86th and others:
A resolution proposing an amendment to the Constitution, so as to change the amount of the homestead exemption granted to disabled veterans and provide a method of changing this amount in the future.
Referred to Committee on Banking and Finance.

HR 504. By Representatives Williams and Foster of the 6th:
A resolution authorizing the conveyance of certain state owned property to the City of Dalton, Georgia.
Referred to Committee on Public Utilities.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 983. Do pass.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 461. Do pass. SR 282. Do pass.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

The following bills and resolution of the Senate were read the second time:

SB 345. By Senator Cobb of the 28th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to prohibit any person from operating an

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699

emergency vehicle unless such person has a valid special driver's license is sued by the Department of Public Safety.

SB 350. By Senators Brannon of the 51st and Perry of the 7th:
A bill to amend Code Section 33-34-10 of the Official Code of Georgia An notated, relating to requirements of proof of motor vehicle accident insur ance, so as to provide that the charges against a person for failure to keep proof of insurance in the vehicle shall be dismissed if the person produces prior to or in court proof of insurance theretofore issued to him and valid at the time of his arrest or the issuance of the citation.

SB 395. By Senator Lester of the 23rd:
A bill 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 facilities, so as to create the hospital equipment financing authority.

SB 411. By Senators Foster of the 50th and Starr of the 44th:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for filling vacancies on said boards when the filling of vacancies is not pro vided for by local law.

SB 412. By Senator Howard of the 42nd:
A bill to amend Subpart 1 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the right to admission to public school, so as to limit the circumstances under which children may be refused admission to or be prohibited from attending public school be cause the children have no parent or legal guardian exercising control or charge of that child.

SB 426. By Senator Broun of the 46th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to change the provisions relating to revocation of licenses of habitual violators.

SB 427. By Senator Lester of the 23rd:
A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to provide that the governing authority of any county, municipality, or political subdivision of the State of Georgia may provide for the refunding of all or any part of its outstanding bonded indebtedness by the issuance of general obligation refunding bonds without the necessity of conducting a referendum.

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SB 435. By Senator Stumbaugh of the 55th:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide that the boards of education of all counties of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census may provide by self-insurance for certain health and disability insurance programs.

SB 436. By Senators Hine of the 52nd and Broun of the 46th:
A bill to amend Part 1 of Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants to school systems for local property tax relief, so as to include vocational-technical schools.

SB 445. By Senators Turner of the 8th, Lester of the 23rd and Broun of the 46th:
A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, known as the "Disposition of Unclaimed Property Act," so as to state clearly when undistributed dividends and distributions of busi ness associations are presumed abandoned.

SB 449. By Senator Garner of the 30th:
A bill to amend Code Section 20-2-151 of the Official Code of Georgia An notated, relating to the general and occupational education program, so as to change the provisions relative to the age for beginning school.

SB 450. By Senators Kidd of the 25th and Cobb of the 28th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a motorcycle operator safety training program.

SB 470. By Senators Bryant of the 3rd and Reddish of the 6th:
A bill to amend an Act placing the clerk of the superior court and probate judge of Glynn County on an annual salary, as amended, so as to change the provisions relating to the compensation of the chief deputy clerk and deputy clerks.

SB 474. By Senator Kidd of the 25th:
A bill to make provisions for the Magistrate Court of Jasper County; to provide for legislative intent.

SB 475. By Senator Kidd of the 25th:
A bill to make provisions for the Magistrate Court of Putnam County; to provide for legislative intent; to provide for the appointment of a chief mag istrate and one other magistrate; to provide for a clerk.

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701

SB 476. By Senator Kidd of the 25th:
A bill to amend an Act incorporating the Town of Mclntyre, Georgia, as amended, so as to extend the corporate limits of the Town of Mclntyre.

SR 4. By Senators Cobb of the 28th, Hill of the 29th and Bowen of the 13th:
A resolution proposing an amendment to the Constitution so as to authorize the imposition of local sales and use taxes to finance public facilities and to authorize the incurring without a referendum of public debt payable solely from proceeds of such taxes; to provide for the submission of this amend ment for ratification or rejection.

The following local, uncontested bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 459. By Senator Bowen of the 13th:
A bill to change the provisions relating to the Magistrate Court of Dooly County, so as to change the manner of selecting the chief magistrate thereof and to provide for terms of and vacancies in such 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1124. By Representatives Millsaps of the 61st, Barnett of the 59th, White of the 62nd and others:
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 change the provisions relative to certain education districts.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 1167. By Representatives Triplet! of the 128th, Phillips of the 125th, Hamilton of the 124th and others:
A bill to amend an Act creating a new charter for the Town of Pooler, so as to define correctly the corporate limits of the Town of Pooler.

The report 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 1186. By Representative Oliver of the 121st:
A bill to amend an Act abolishing the fee system of compensating the sheriff of Tattnall County and providing in lieu thereof an annual salary, so as to provide that the governing authority of Tattnall County shall furnish the sheriff a patrol automobile for each deputy sheriff.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1189. By Representative Adams of the 79th:
A bill to repeal an Act entitled "An Act to consolidate and combine the Board of Tax Assessors of the City of Thomaston and the County of Upson and to define the powers and duties of such joint board of tax assessors".

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1193. By Representatives Dover of the llth, Irvin of the llth, Twiggs of the 4th and Colwell of the 4th:
A bill to amend, revise, consolidate, and supersede the several Acts incorpo rating the Town of Tallulah Falls, in Habersham and Rabun counties.

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703

The report 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 1222. By Representative Lambert of the 66th:
A bill to amend an Act creating the Town of North High Shoals, so as to provide for the election of the mayor and council for the town of North High Shoals.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President called for the morning roll call, and the following Senators an swered to their names:

Allgood Barker Barnes Bowen Brannon Brantley Brown of 47th Bryant Cobb 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

McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not answering were Senators:

Bond Broun of 46th

Burton Coggin

Scott of 36th Timmons

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Senator Reddish of the 6th introduced the chaplain of the day, Reverend Dickey Johnson, pastor of Porterdale Baptist Church, Porterdale, Georgia, who offered scrip ture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 343. By Senators Thompson of the 32nd and Harrison of the 37th: A resolution commending the Georgia Congress of Parents and Teachers.
SR 345. By Senator Barnes of the 33rd: A resolution expressing appreciation to Boisfeuillet Jones and the Woodruff philanthropic interests.
SR 346. By Senator Foster of the 50th: A resolution commending Paul Anderson.
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 January 27, 1984
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 1984 Ses sion as of 3:00 P.M. on January 27, 1984. The list is numbered 445 through 499.
Sincerely, /s/ Max Cleland Attachment
Received by /s/ Hamilton McWhorter Jr.

MONDAY, JANUARY 30, 1984

705

STATE OF GEORGIA Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains names and addresses of those persons, numbered 445 through 499, who have registered in the Docket of Legisla tive Appearance as of January 27, 1984, 3:00 P.M., in accordance with Georgia Laws 1970, pp. 695 as the same appears on file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and af fixed the seal of my office, at the Capitol, in the City of Atlanta, this 27th day of January, in the year of our Lord One Thousand Nine Hundred and eighty-four and of the Independence of the United States of America the Two Hundred and eighth.
/s/ Max Cleland Secretary of State

445. Charles E. Crowder Ga. Agribusiness Council 332 Agriculture Building Capitol Square Atlanta, Ga. 30334 (404) 656-3698
446. Guy Slappey United Transportation Union Route 6, Box 320 Thomasville, Ga. 31792 (912) 226-1292
447. George I. Winn, Jr. United Transportation Union P.O. Box 69 Manchester, Ga. 31816 (404) 846-2408
448. Trip Martin Southern Bell 1556 Old Hunter's Trace Marietta, Ga. 30062 (404) 977-9166
449. Theresa Ann Sipe Ga. Nursing Association 4873 Scott Mill Way Duluth, Ga. 30136 (404) 447-4731
450. Rita Valenti Ga. Nursing Association 600 Northern Avenue Apt. F-301 Clarkston, Ga. 30021 (404) 292-1219

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451. Francis J. Mulcahy Life Insurance Company of Ga. 600 W. Peachtree Street, N.W. Atlanta, Ga. 30365 (404) 898-1518
452. Ted H. Meredith Scott Paper Company Brunswick Pulp Timber Co. P.O. Box 2447 Mobile, AL 36652 (205) 456-9060
453. Lillian D. Cantrell PAGE 2408 Henderson Mill Road Atlanta, Ga. 30345 (404) 938-5271
454. Mozelle G. Christian PAGE 2015 Montreal Road Suite H Tucker, Ga. 30084 (404) 938-6803
455. Charles R. Morrison Sears, Roebuck and Company 1651 Planters Row Stone Mountain, Ga. 30087 (404) 885-3648
456. Leondus S. Brown Ga. Forestry Association 6130 Shadburn Ferry Road Buford, Ga. 30518 (404) 945-8163
457. Burton E. Carter Ga. State Employers Assn. 1718 Milliard Avenue Waycross, Ga. 31501 (404) 523-7884
458. Robert W. Herlong Nationwide Insurance Company 240 Stoneridge Drive Suite 411 Columbia, S.C. 29210 (803) 254-0400
459. Raymond G. Farmer American Insurance Association 3475 Lenox Road Suite 705 Atlanta, Ga. 30326 (404) 261-8835

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460. Dick Dorsey American Insurance Association 3475 Lenox Road Suite 765 Atlanta, Ga. 30326 (404) 261-8834
461. M.C. Petersen Oilman Paper Company Box 878 St. Marys, Ga. 31558 (912) 882-4241
462. Victor J. Impeciato Ga. Hospitality and Travel Assn. 1500 Peachtree Battle Avenue Atlanta, Ga. 30327 (404) 352-2828
463. George H. Ross Merrell Dow Pharmaceuticals 4678 Jefferson Township Ln. Marietta, Ga. 30066 (404) 992-6245
464. Patty Partin Georgia PTA 210 Indian Trail, N.E. Dalton, Ga. 30720 (404) 226-1426
465. Jim O'Neal Professional Insurance Agents of Ga. 903 Evergreen St. Perry, Ga. 31069 (912) 922-4494
466. imo K. Todd Professional Insurance Agents of Ga. 2900 Chamblee-Tucker Road, Bldg. 12 Atlanta, Ga. 30341 (404) 452-8052
467. Gerald H. Leonard Professional Insurance Agents of Ga. P.O. Box 246 Chatsworth, Ga. 30705 (404) 695-3692
468. Rody Broome Professional Insurance Agents of Ga. 2071 Chrysler Drive Atlanta, Ga. 30345 (404) 377-3801
469. J. Hugh Steele Professional Insurance Agents of Ga. 1132 Floyd Street Covington, Ga. 30207 (404) 786-9213

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470. Bill Renouf Associates Corp. of North America 7220 Twin Branch Road Atlanta, Ga. 30328 (404) 457-3111
471. Paul L. Hanes Anheuser Busch Companies 161 17th Street Atlanta, Ga. 30309 (404) 681-0400
472. Debra Kaplan Georgia Hospital Association North by Northwest Office Park Atlanta, Ga. 30339 (404) 955-0324
473. Thomas C. Watson Independent Bankers Assn. 1150 Winding Creek Trail, S.W. Atlanta, Ga. 30328 (404) 255-9680
474. Ben F. Johnson Atlanta Chamber of Commerce C & S National Bank Alston and Bird 1200 C & S National Bank Bldg. Atlanta, Ga. 30335 (404) 586-1776
475. Dwight D. Long American Home Health Care of Ga. Inc. 1322 Columbia Drive Decatur, Ga. 30247 (404) 288-6733
476. Peter R. Weisz American Sub-Contractors Assn. 2300 First Atlanta Tower Atlanta, Georgia 30383 (404) 658-9050
477. George E. Jenkins Maranatha Seventh-Day Adventist Church 2539 Glenwood Avenue, S.E. Atlanta, Ga. 30317 (404) 377-3271
478. Sandy Cohen YWCA 4925 Old House Trail Atlanta, Ga. 30342 (404) 252-1763

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479. Robert L. Ricker Southern Association 2111 Smith Street Orange Park, FL (904) 264-7525
480. Phil Gates Tenneco Inc. P.O. Box 2511 Houston, Texas 79001 (713) 757-4118
481. Timothy Lane Ashmore Columbus Chamber of Commerce P.O. Box 1200 Columbus, Ga. 31902 (404) 327-1566
482. Ski Bashinski Georgia Funeral Directors Assn. Ga. Auto Merchandising Council Greater Atlanta Fabricare Assn. Surveying and Mapping Society of Ga. Ga. Cemetery Association American Motorcycle Association Southern States Sign Council Ga. Society of Association Executives 3009 Rainbow Drive Suite 123 Decatur, Ga. 30034 (404) 241-4095
483. Barron Thorpe Georgia Association of Convenience Stores Georgia Wholesale Grocers Assn. 3087 General Lee Road Macon, Ga. 31204 (912) 743-1860
484. Bill Littlefield 55 Pharr Road, N.W. # E-101 Atlanta, Ga. 30305 (404) 233-8799
485. Earl A. Ferguson Ga. Manufactured Housing Assn. 3071 Peachtree Road, N.E. Atlanta, Ga. 30305 (404) 231-1003
486. Judy Barton Smith Atlanta NAACP 1190 Fairburn Road, S.W. Atlanta, Ga. 30331 (404) 349-7496

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487. Neta P. Peppers Ga. Federation of Business and Professional Women P.O. Box 225 Madison, Ga. 30650 (404) 342-1388
488. Robert M. Bowick 3 M Company 2438 Cullywood Road Jackson, Mississippi 39211 (601) 366-6214
489. Martha O. Andrews Atlanta Chapter National Health Federation Voice of Liberty 692 Sunnybrook Drive Decatur, Ga. 30033 (404) 633-3634
490. Roscoe R. "Sonny" Roberts, III Houston County Taxpayers Association 301 Lakefront Drive Warner Robins, Ga. 31093 (912) 923-5015
491. Reina W. Oostingh Life Insurance Company of Ga. 600 West Peachtree Street, N.W. Atlanta, Georgia 30365 (404) 898-1531
492. James "Jim" George Georgia Power Company 567 Fielding Lane, S.W. Atlanta, Georgia 30311 (404) 526-4601
493. Melvin T. Steely American Association of University Professors 60 So. Greenwood Drive Carrollton, Ga. 30117 (404) 834-2851
494. Donald R. Wagner American Association of University Professors 128 Stewart Street Carrollton, Ga. 30117 (404) 834-1955
495. Quinton S. King Ga. Association of Realtors 5775-A. Glenridge Drive, N.E. Atlanta, Georgia 30328 (404) 252-2310

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496. Gloria T. Borders American Home Health Care of Ga., Inc. 3250 Memorial Drive Decatur, Ga. 30032 (404) 289-3783
497. William B. Wood Citicorp and Affiliates Ga. Automobile Dealers Assn. Ga. Hospitality & Travel Assn. Atlanta Visitors & Convention Bureau Thoroughbred Breeders and Owners Assn. 2400 First Atlanta Tower Atlanta, Ga. 30383 (404) 656-1867
498. Frances Beck Fulton County Daily Report 190 Pryor Street, S.W. Atlanta, Ga. 30303 (404) 521-1227
499. Earl H. Higgins Fulton County Daily Report 6492 Maddox Road Morrow, Ga. 30260 (404) 521-1227

SENATE RULES CALENDAR
Monday, January 30, 1984
TWENTY-SECOND LEGISLATIVE DAY
SB 338 Penal Institution Employees -- certain personnel correctional officers (Off R -- 50th)
SB 368 Power of Attorney of Incompetent -- give bond and appraisal (J&CL -- 33rd)
SB 438 Factory-Built Buildings -- when law applicable to manufactured homes (Gov Op -- 25th)
SB 442 Oysters, Clams -- amount may be taken for noncommercial purposes (NREQ -- 3rd)
SB 443 Attorneys Employed by Department, Agency -- assist District Attor neys certain civil proceedings (J&CL -- 33rd)
SB 447 Community Services Program -- limit liability of community ser vices officer (Gov Op -- 30th)
SB 448 Inmate -- possession of hallucinogenic drugs felony (Off R -- 30th) SB 451 Boating Safety Zone -- establish at Richard B. Russell Dam
(NREQ--20th) SB 452 Sheriffs' Training Requirements -- exemptions for certain ones (Gov
Op -- 6th)

712

JOURNAL OF THE SENATE

SB 463 SB 464 SB 471 SR 313 SR 315 SR 319 SR 321 SR 328 SR 331 HB 531 HB 536 HB 934 HB 974 HB 976 HB 1088 HB 1089 HB 1155 HB 1156 HB 1174 HR 476 HR 478 HR 482 HR 487

Cause of Action -- imprisonment not stay (Off R -- 30th)
Inmate Serving for Murder -- remove limitation on authorization to grant limited leave (SUBSTITUTE) (Off R -- 30th)
Macon Judicial Circuit Superior Court Judges -- supplement paid (J&CL -- 26th)
Pelham -- authorizing lease of certain real property (AMEND MENT) (Pub U-- llth)
Meriwether County -- convey certain state-owned property to Woodbury (Pub U -- 29th)
"The Year of the Disabled Voter in Georgia" -- designate 1984 (Gov Op -- 25th)
Forestry Program -- establish upon certain state lands (NREQ -- 20th)
Joint Public Utility Rate-making Process Study Committee -- create (Pub U -- 2nd)
Students with Learning Disabilities -- relative to (C&Y -- 15th)
Racing Sculls, Shells, Sweeps -- no personal flotation devices re quired (NREQ -- 7th)
Probationers -- change provisions on informing supervisors of resi dence (Off R -- 30th)
Inmates -- assignment by Offender Rehabilitation Commissioner of misdemeanor offenders (Off R -- 30th)
Firemen's Pension Fund Board of Trustees -- composition (Ret -- 8th)
Trial Judges and Solicitors Retirement Fund -- change a definition (Ret -- 8th)
Penal System -- commissioner may employ as necessary (Gov Op -- 30th)
Persons Under Custody of Offender Rehabilitation -- sale of tangi ble personal property (SUBSTITUTE) (Off R -- 30th)
Elections (Code) -- correct certain errors in Title 21 (J&CL -- 26th)
Official Code of Georgia -- correct certain errors and omissions (AMENDMENT) (J&CL -- 26th)
Dams -- impounding capacity of artificial barrier to qualify (NREQ -- 20th)
Tattnall County -- easement for construction of transmission line (Pub U -- 2nd)
Chattanooga, Tennessee -- conveyance of certain state-owned prop erty (Pub U -- 47th)
Floyd County -- conveyance of certain state-owned property (Pub U -- 52nd)
Chattanooga, Tennessee -- conveyance of certain state-owned prop erty (Pub U -- 47th)

MONDAY, JANUARY 30, 1984

713

HR 524 Western and Atlantic Railroad Property -- prohibit Atlanta under taking new construction (Pub U -- 33rd)
HR 544 Meriwether County -- convey state-owned property to settle bound ary discrepancies (Pub U -- 29th)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 338. By Senators Foster of the 50th, Garner of the 30th, Deal of the 49th and Kennedy of the 4th:
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 employed by penal institutions, so as to provide that certain personnel shall be designated as correctional officers.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brown of 47th
burtonn
0ean English Engram Fincher Foster

Garner Gillis Greene Harris Harrison Hm
Hme
HIHToorwtoanrd, Hudgins Huggins Kennedy Kidd Lester McGill

McKenzie Peevy Perry Phillips Reddish Scott of 2nd
Scott of 43rd
SS01ttuarmrb, augh, Tate Thompson Timmons Trulock Turner Tysinger

714

JOURNAL OF THE SENATE

Those not voting were Senators:

Brantley Broun of 46th Coggin Coleman

Coverdell Dawkins Holloway

Land Scott of 36th Walker

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 368. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to relationships between principals and agents, so as to provide that, when a person who has become incompetent has given a written power of attorney which is not terminated by the incompetency of the principal, any person who would be an heir of the principal or any credi tor of the principal may petition the probate court to require that the attor ney in fact give bond.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the 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
PBBu^kr?tkonnt Coleman Coverdell Dawkins Deal Dean English Engram Fincher

Foster Garner Gillis
Greene Harris
Harrison Hm
H,H,oinl,,leoway Horton Hudgms Huggms Kennedy Kidd Land Lester McGill

Voting in the negative was Senator Brannon.

McKenzie Peevy Perry
Phillips Reddish
Scott of 2nd Scott of 36th
S0Sc,taortrt of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

MONDAY, JANUARY 30, 1984

715

Those not voting were Senators:

Broun of 46th

Coggin

Howard

On the passage of the bill, the yeas were 52, nays 1.

The bill, having received the requisite constitutional majority, was passed.

SB 438. By Senators Kidd of the 25th and Cobb of the 28th:
A bill to amend Code Section 8-2-119 of the Official Code of Georgia Anno tated, relating to applicability of the law pertaining to factory-built build ings and dwelling units to the law pertaining to manufactured homes, so as to provide that the provisions of law relating to factory-built buildings and dwelling units shall not be applicable to manufactured homes except where a manufacturer elects to construct a manufactured home that complies with all of the provisions of law relating to factory-built buildings and dwelling units.

Senator Scott of the 43rd offered the following amendment:

Amend SB 438 by adding a new Section 2 to read as follows:
"Nothing herein will cause a manufactured home to be exempt from local zoning."
and renumbering the present Sections 2 and 3 to read "Section 3" and "Section 4".

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as 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 Brantley Brown of 47th

Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Garner Gillis Greene

716

JOURNAL OF THE SENATE

Harris Harrison
Hill HHoinlleoway HHoowrtoanrd Hudgins Huggins Kennedy Kidd

Land Lester
McGill MPeceKvyenzie ,,*%} Phillips Reddish Scott of 2nd Scott of 36th

Scott of 43rd Starr
Stumbaugh TThaotempson Tt-immons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Broun of 46th

Coggin

Foster

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 has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 85. By Senator Barnes of the 33rd:
A bill to amend Code Section 14-2-63 of the Official Code of Georgia Anno tated, relating to venue in actions against corporations, so as to provide that corporations, may be sued for torts, wrongs, and injuries in the county where the cause of action originated.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1122. By Representative Adams of the 36th:
A bill to amend Code Section 48-5-51 of the Official Code of Georgia Anno tated, relating to property exempt from ad valorem taxation, so as to provide for the exemption of certain property owned by a certain nonprofit corporation.

MONDAY, JANUARY 30, 1984

717

HB 1150. By Representatives Lambert of the 66th, Murphy of the 18th, Logan of the 67th and others:
A bill 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 the salary of judges of the superior courts.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 442. By Senator Bryant of the 3rd:
A bill to amend Part 4 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to oysters and clams, so as to change the amount of oysters and clams that may be taken for noncommercial purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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
BBu/yrt?o"n1
Coleman Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hm
HTHToinl,,leoway Horton Howard Hudgins Huggins Kennedy Kidd Land

Lester McGill Peevy Perry Phillips Reddish Scott of 2nd Scott of 43fd
SS0tt.uamrrb, augh, Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Coggin

McKenzie

Scott of 36th

718

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 443. By Senator Barnes of the 33rd:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys in general, so as to provide that attorneys employed by a department, agency, or instrumentality of state or local government may assist the district attorneys and solicitors of this state in certain civil or criminal proceedings.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

McGill Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th

Coggin

McKenzie

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

MONDAY, JANUARY 30, 1984

719

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

SB 447. By Senators Garner of the 30th, Engram of the 34th and Huggins of the 53rd:
A bill to amend Code Section 42-8-71 of the Official Code of Georgia Anno tated, relating to the participation of probationers in community service pro grams, so as to limit the liability of any agency or community service officer who participates in a community service program.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Kidd Lester

McGill Peevy Perry Phillips Reddish 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 Hudgins

Kennedy (presiding) Land

McKenzie Trulock

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

720

JOURNAL OF THE SENATE

SB 448. By Senators Garner of the 30th, Engram of the 34th and Huggins of the 53rd:
A bill to amend Chapter 5 of Title 42 of the Official Code of Georgia Anno tated, relating to correctional institutions of state and counties, so as to pro vide that any violation of Code Section 42-5-18 shall constitute a felony regardless of the amount of contraband given.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coleman Coverdell Deal Dean English Engram Fincher

Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester McGill McKenzie

Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Broun of 46th

Coggin Dawkins

Hill Kennedy (presiding)

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 451. By Senators Gillis of the 20th, English of the 21st and Bryant of the 3rd:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Anno tated, relating to boating safety zones, so as to establish a boating safety zone at Richard B. Russell Dam.

MONDAY, JANUARY 30, 1984

721

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram Fincher

Foster Garner Gillis Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester McGill McKenzie

Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Brown of the 47th.

Those not voting were Senators:

Allgood Broun of 46th

Coggin Greene

Hill Kennedy (presiding)

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed.

SB 452. By Senator Reddish of the 6th:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to qualifications and training requirements for sheriffs, so as to provide for exemptions under certain circumstances for sheriffs who are unable to comply with the annual training requirements specified by law due to medical disability or providential cause.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

722

JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram Fincher

Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester McGill

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Broun of 46th

Coggin

Kennedy (presiding)

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Deal of the 49th introduced the doctor of the day, Dr. William Bowen, of Athens, Georgia.

The following general bills and resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 463. By Senator Garner of the 30th:
A bill to amend Code Section 9-3-90 of the Official Code of Georgia Anno tated, relating to limitations of actions accruing to minors, persons who are legally incompetent, and persons imprisoned, so as to change the provisions relating to persons imprisoned.

MONDAY, JANUARY 30, 1984

723

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Cobb Coleman Coverdell Dean English Engram Fincher Garner

Gillis Greene Harris Harrison Hill Holloway Horton Howard Hudgins Huggins Kidd Land Lester McGill

McKenzie Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Walker

Those voting in the negative were Senators:

Bond Brown of 47th Bryant Burton

Dawkins Deal Foster Hine

Peevy Scott of 36th Tysinger

Those not voting were Senators:

Broun of 46th Coggin

Kennedy (presiding)

Timmons

On the passage of the bill, the yeas were 41, nays 11.

The bill, having received the requisite constitutional majority, was passed.

SB 464. By Senator Garner of the 30th:
A bill to amend Code Section 42-5-85 of the Official Code of Georgia Anno tated, relating to the authority to grant leave privileges to an inmate serving a murder sentence, so as to remove the limitation upon the authority to grant limited leave privileges to such persons.

724

JOURNAL OF THE SENATE

The Senate Committee on Offender Rehabilitation offered the following substitute to SB 464:

A BILL
To be entitled an Act to amend Code Section 42-5-85 of the Official Code of Georgia Annotated, relating to the authority to grant leave privi leges to an inmate serving a murder sentence, so as to remove the limitation upon the authority to grant limited leave privileges to such persons; to pro vide for purpose; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 42-5-85 of the Official Code of Georgia An notated, relating to the authority to grant leave privileges to an inmate serv ing a murder sentence, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) No special leave or emergency leave shall be granted to any inmate who is serving a murder sentence unless the commissioner has approved in writing a written finding by the department that the murder did not involve any aggravating circumstance."
Section 2. It is the express purpose of this Act to restore limited leave privileges to transitional center inmates who are serving murder sentences but who are currently working in the community prior to their release from custody. Since limited leave privileges are valid for only 12 hours at an ap proved location and since such privilege is used to evaluate further an in mate's readiness for release from a transitional center, it is in the best inter est of the State of Georgia to restore such limited leave privileges to such inmates.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brown of 47th

Burton Coleman Coverdell Deal Dean

Foster Garner Greene Harris Hine

MONDAY, JANUARY 30, 1984

725

Horton Howard Hudgins
Huggins Kidd Land

Lester McGill McKenzie
Peevy Reddish Scott of 2nd

Scott of 43rd Tate Timmons Trulock Turner Tysinger

Those voting in the negative were Senators:

Barker Brannon Brantley Bryant Cobb

Dawkins English Engram Gillis Hill

Perry Phillips Stumbaugh Thompson Walker

Those not voting were Senators:

Broun of 46th Coggin Fincher

Harrison Holloway Kennedy (presiding)

Scott of 36th Starr

On the passage of the bill, the yeas were 33, nays 15.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 471. By Senators Greene of the 26th, Harris of the 27th and McKenzie of the 14th:
A bill to amend an Act providing for supplements to the salaries of the judges and district attorney of the superior courts of the Macon Judicial Circuit, so as to change the provisions relating to the supplement to be paid to each judge of the superior courts of said circuit; to provide for the contri butions to be paid by each county comprising said circuit; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond

Bowen Brannon Brantley

Brown of 47th Bryant Burton

726
Cobb Coggin Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris

JOURNAL OF THE SENATE

Hill Hine Holloway
Horton Hudgins Huggins
Kidd Land Lester
McGill McKenzie
Peevy Perry Phillips

Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh
TX aat*le*
Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Barker.

Those not voting were Senators:

Broun of 46th Coleman

Harrison Howard

Kennedy (presiding)

On the passage of the bill, the yeas were SO, nays 1.

The bill, having received the requisite constitutional majority, was passed.

SR 313. By Senator Timmons of the llth:
A resolution authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia; to provide an effective date.

The Senate Committee on Public Utilities offered the following amendment:

Amend SR 313 by striking from Section 2, beginning on line 4 of Page 3, the following:
"for each month during the term of the lease; and",
and inserting in lieu thereof the following:
"for a period of 12 months; and".

On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.

MONDAY, JANUARY 30, 1984

727

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Tysinger Walker

Those not voting were Senators:

Bond Broun of 46th

Harrison Kennedy

Turner

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

SR 315. By Senator Hill of the 29th:
A resolution authorizing the conveyance of certain state owned real property located in Meriwether County, Georgia, to the City of Woodbury; to provide an effective date.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

728

JOURNAL OF THE SENATE

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester McGill

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Bond Broun of 46th

Foster Harrison

Kennedy (pre Trulock

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 319. By Senator Kidd of the 25th:
A resolution designating 1984 as "The Year of the Disabled Voter in Georgia".

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood

Barker

Barnes

MONDAY, JANUARY 30, 1984

729

Bowen Brannon Brantley Brown of 47th
Bryant Burton Cobb
Coggin Coleman Coverdell
Dawkins Deal Dean English
Engram Foster

Garner Gillis Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester McGill

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Trulock Turner Tysinger Walker

Voting in the negative was Senator Thompson.

Those not voting were Senators:

Bond Broun of 46th

Fincher Greene

Kennedy (presiding) Timmons

On the adoption of the resolution, the yeas were 49, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

SR 321. By Senators Gillis of the 20th, Kennedy of the 4th, Bryant of the 3rd and others:
A resolution urging the establishment of a forestry program upon certain state lands.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond

Bowen Brannon Brantley Brown of 47th

Bryant Burton Cobb Coggin

730

JOURNAL OF THE SENATE

Coleman Coverdell Dawkins Deal Dean English Engram Fincher Garner Gillis Greene Harris Harrison

Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester McGill McKenzie Peevy

Perry Phillips Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Foster

Kennedy (presiding) Reddish

Scott of 2nd

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 328. By Senators Scott of the 2nd, Brown of the 47th, Tysinger of the 41st and Hill of the 29th:
A resolution creating the Joint Public Utility Rate-making Process 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 Brantley Brown of 47th Bryant Burton Cobb

Coggin Coleman Dawkins Deal Dean English Fincher Foster Gillis Greene

Harrison Hill Hine Horton Howard Hudgins Huggins Kidd Land Lester

MONDAY, JANUARY 30, 1984

731

McGill McKenzie PPeeerrvyy
Phillips Scott of 2nd

Scott of 36th Scott of 43rd SSttuarmr baugh
Tate Thompson

Timmons Trulock Tluurrnneerr
Tysmger Walker

Those voting in the negative were Senators Engram and Garner.

Those not voting were Senators:

Brannon Broun of 46th Coverdell

Harris Holloway

Kennedy (presiding) Reddish

On the adoption of the resolution, the yeas were 47, nays 2.

The resolution, having received the requisite constitutional majority, was adopted.

SR 331. By Senator Hudgins of the 15th: A resolution relative to students with learning disabilities.

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:

Bond Bowen Brown of 47th Burton Coggin Dean Garner

Hill Holloway Hudgins Kidd Lester McGill McKenzie

Peevy Reddish Scott of 36th Scott of 43rd Tate Timmons Trulock

Those voting in the negative were Senators:

Allgood Barker Barnes Brannon

Brantley Bryant Cobb Coleman

Coverdell Dawkins Deal English

732

JOURNAL OF THE SENATE

Engram Fincher Foster Gillis Greene Harris Harrison

Hine Horton Huggins Land Perry Phillips Scott of 2nd

Starr Stumbaugh Thompson Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th

Howard

Kennedy (presiding)

On the adoption of the resolution, the yeas were 21, nays 32.

The resolution, having failed to receive the requisite constitutional majority, was lost.

The following bills of the House were read the first time and referred to committees:

HB 1122. By Representative Adams of the 36th:
A bill to amend Code Section 48-5-51 of the Official Code of Georgia Anno tated, relating to property exempt from ad valorem taxation, so as to provide for the exemption of certain property owned by a certain nonprofit corporation.
Referred to Committee on Banking and Finance.

HB 1150. By Representatives Lambert of the 66th, Murphy of the 18th, Logan of the 67th and others:
A bill 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 the salary of judges of the superior courts.
Referred to Committee on Judiciary.

The President resumed the Chair.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House insists on its position in disagreeing to the Senate substitute and has

MONDAY, JANUARY 30, 1984

733

appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following resolution of the House:

HR 91. By Representatives Collins of the 144th, Phillips of the 120th, Crosby of the 150th and others:
A resolution proposing an amendment to the Constitution so as to levy a special 1 percent retail sales and use tax for educational purposes; to provide for distribution of the proceeds of such tax.

The Speaker has appointed on the part of the House:

Representatives Kilgore of the 42nd, Crosby of the 150th and Irvin of the llth.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 85. By Senator Barnes of the 33rd:
A bill to amend Code Section 14-2-63 of the Official Code of Georgia Anno tated, relating to venue in actions against corporations, so as to provide that corporations may be sued for torts, wrongs, and injuries in the county where the cause of action originated.

The House substitute to SB 85 was as follows:

A BILL
To be entitled an Act to amend Article 4 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to registered offices, agents, service of process, and venue for business corporations, so as to deem each domestic corporation and each foreign corporation authorized to transact business in this state to reside, for purposes of actions, in any county in which it has an office or place of doing business; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to registered offices, agents, service of process, and venue for business corporations, is amended by striking in its entirety Code Section 14-2-63, relating to venue in proceedings against corporations, and inserting in its place a new Code Section 14-2-63 to read as follows:
"14-2-63. (a) Venue in proceedings against a corporation shall be determined in accordance with the pertinent constitutional and statutory provisions of this state in effect as of April 1, 1969, or thereafter.
(b) For the purpose of determining venue, each domestic corporation

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and each foreign corporation authorized to transact business in this state shall be deemed to reside in the county where its registered office is maintained. If any such corporation fails to maintain a registered office, it shall be deemed to reside in the county in this state where its last named registered office or principal office, as shown by the records of the Secretary of State, was maintained. The residence established by this subsection shall be in addition to, and not in limitation of, any other residences that any domestic or foreign corporation may have by reason of other laws.
(c) For the purpose of determining venue, each domestic corporation and each foreign corporation authorized to transact business in this state shall be deemed to reside and may be sued in any county in which it has an office or place of doing business. The residence established by this subsection shall be in addition to, and not in limitation of, any other residences that any domestic or foreign corporation may have by reason of other laws.
(d) No domestic corporation in existence on April 1, 1969, and no foreign corporation authorized to transact business in this state on April 1, 1969, shall be considered as failing to maintain a registered office until the time has expired for the filing of the first annual report of such corpo ration pursuant to this chapter.
(e) Whenever this chapter either requires or permits an action or proceeding against a corporation to be brought in the county where the registered office of the corporation is maintained, if the action or pro ceeding is against a corporation having a principal office as required under the prior general corporation law, such action or proceeding may be brought in the county where such principal office is located."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Barnes of the 33rd moved that the Senate disagree to the House substitute to SB 85.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 85.

The following resolution of the House was taken up for the purpose of considering the House action thereon:

HR 91. By Representatives Collins of the 144th, Phillips of the 120th, Crosby of the 150th and others:
A resolution proposing an amendment to the Constitution so as to levy a special 1 percent retail sales and use tax for educational purposes; to provide for distribution of the proceeds of such tax.

MONDAY, JANUARY 30, 1984

735

Senator Lester of the 23rd moved that the Senate adhere to the Senate substitute to HR 91, 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 HR 91.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Lester of the 23rd, Gillis of the 20th and Dawkins of the 45th.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 12:40 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Tuesday, January 31, 1984
Twenty-third Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 878. By Representative Phillips of the 93rd:
A bill to create and establish an airport authority in and for Harris County and to authorize such authority to acquire, construct, equip, maintain, oper ate, own, and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment, and the usual and conven ient facilities appertaining to such undertaking, and to acquire, own, and hold a fee simple title to all necessary property therefor, both real and per sonal, and to lease and sell any and all such facilities including real property.

HB 123. By Representatives Greer of the 39th, Steinberg of the 46th and Richardson of the 52nd:
A bill to amend Code Section 47-2-110 of the Official Code of Georgia An notated, relating to retirement ages and eligibility for retirement under the Employees' Retirement System of Georgia, so as to change the provisions relative to mandatory retirement on the basis of age.

HB 518. By Representative Phillips of the 125th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number "911" system, so as to provide that neither the state nor any political subdi vision of the state nor, except in cases of willful misconduct, gross negli-

TUESDAY, JANUARY 31, 1984

737

gence, or bad faith, the employees, agents, or representatives of the state or any political subdivision thereof shall be liable for death or injury to the person or for damage to property as a result of establishing, participating in, or carrying out duties involved in operating the "911" emergency telephone system.

HB 910. By Representative Bray of the 91st:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to counties in general, so as to authorize county governing authorities, for the purpose of protecting and preserving the public health, safety, and welfare, to adopt ordinances relative to their unincorporated ar eas, violations of which ordinances may be punished by fine or imprisonment or both.

HB 987. By Representatives Evans of the 84th and Burruss of the 20th:
A bill to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to enact the "Uniform Management of Institutional Funds Act" establishing guidelines for the management and use of investments held by eleemosynary institutions and funds.

HB 1073. By Representatives Robinson of the 58th, Lambert of the 66th, Waldrep of the 80th and others:
A bill to amend Chapter 9 of Title 46 of the Official Code of Georgia Anno tated, relating to transportation of freight and passengers generally, so as to change the provisions relating to the power of common carriers to limit liability.

HB 1182. By Representatives Murphy of the 18th, Phillips of the 120th, Colwell of the 4th and others:
A bill to amend Chapter 6 of Title 32 of the Official Code of Georgia Anno tated, relating to the regulation of maintenance and use of public roads, generally, so as to establish certain weight limitations for vehicles using the public roads of this state.

HB 1185. By Representatives Thomas of the 69th and Karrh of the 109th:
A bill to amend Code Section 19-11-42 of the Official Code of Georgia An notated, relating to definitions of terms used in the "Uniform Reciprocal Enforcement of Support Act," so as to enlarge the definition of the term "state" and thereby provide that foreign jurisdictions will be included within the reciprocal law in order that petitions may be entertained from such when reciprocity is granted to this state.

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HB 1236. By Representatives Parham of the 105th, Cooper of the 20th and Atkins of the 21st:
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 change certain provi sions regarding the registration of pharmacists.

HB 1298. By Representative Cox of the 141st:
A bill to amend an Act establishing a board of commissioners for Seminole County, so as to change the boundaries of commissioners' districts.

HB 1302. By Representative Barnett of the 10th:
A bill to authorize the governing authority of Forsyth County to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county.

HB 1306. By Representatives Watts of the 41st and Murphy of the 18th:
A bill to amend an Act creating the board of commissioners of Paulding County, so as to change the compensation of the chairman of the board of commissioners.

HB 1310. By Representatives Bailey, Lee, Johnson of the 72nd and others:
A bill to amend an Act incorporating the City of Lake City in the County of Clayton, so as to change the terms of office of the mayor and members of the council.

HB 1318. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to amend an Act abolishing the fee system of compensating the clerk of superior court of Jones County and providing in lieu thereof an annual salary, so as to change provisions relating to the compensation of the clerk of superior court and the clerk's personnel.

HB 1319. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Jones County and providing in lieu thereof an annual salary, so as to change the salary of the sheriff; to provide for salaries of employees of the sheriff.

HB 1320. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Jones County into the office of tax commissioner of Jones County, so as to change provisions relating to the compensation of the tax commissioner and the tax commissioner's personnel.

TUESDAY, JANUARY 31, 1984

739

HB 1321. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to amend an Act abolishing the fee system of compensating the judge of the Probate Court of Jones County and providing in lieu thereof an an nual salary, so as to change provisions relating to the compensation of the judge of probate court and the judge's personnel.

HB 1325. By Representatives Sherrod of the 143rd, Royal of the 144th and Long of the 142nd:
A bill to amend an Act providing for a board of commissioners of Thomas County, so as to create the office of county manager of Thomas County.

The House has adopted by the requisite constitutional majority the following reso lution of the House:

HR 541. By Representatives Home of the 103rd, Randall of the 101st, Pinkston of the 100th and others:
A resolution to amend 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, so as to release Bibb County from certain terms and conditions.

The House has agreed to the Senate substitute to the following bill of the House:

HB 1024. By Representatives Groover of the 99th, Evans of the 84th, Murphy of the 18th and others:
A bill 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.

The House has agreed to the Senate amendment to the following bill of the House:

HB 936. By Representatives Bray of the 91st, Holmes of the 28th, Edwards of the 112th and Steinberg of the 46th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to restrict the number of offices for which an individual may be nominated or be a candidate in any one election.

740

JOURNAL OF THE SENATE

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 495. By Senator Foster of the 50th:
A bill to provide for authority; to continue in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1982 general election, and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, which amendment pro vides that unless the joint county and municipal sales and use tax is ap proved for imposition within Towns County prior to November 1, 1982, then the Board of Education of the Towns County School District shall be re quired to impose, levy, and collect a 1 percent sales and use tax for educa tional purposes and to adjust millage rate limitations upon and the millage rate levied by the Towns County School District on and after January 1, 1984, to take into account the proceeds received from the tax by the school district for the preceding year; to provide an effective date.
Referred to Committee on Federal, State and Community Affairs.

SB 496. By Senator Horton of the 17th:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Anno tated, relating to labor and industrial relations in general, so as to provide that it shall be unlawful for any public or private employer to require any employee to perform any work in a manhole unless another employee is made available in the immediate vicinity to render such emergency assis tance as may be required.
Referred to Committee on Public Utilities.

SB 497. By Senator Brantley of the 56th:
A bill to amend Code Section 43-10-14 of the Official Code of Georgia An notated, relating to the study of cosmetology by persons at least 16 years of age, registration of students and apprentices, fee, and registration certificate, so as to provide that a person at least 16 years of age may learn the occupa tion of esthetics under a cosmetologist holding either a master cosmetologist certificate or an esthetician certificate under certain conditions.
Referred to Committee on Governmental Operations.

SB 498. By Senators Deal of the 49th, Peevy of the 48th and Foster of the 50th:
A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Anno tated, relating to vacation of public office, so as to provide for special elec tions to fill vacancies for the unexpired term in certain elective public offices under certain circumstances.
Referred to Committee on Governmental Operations.

SB 499. By Senator Garner of the 30th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, relating to employment security, so as to provide that employers who

TUESDAY, JANUARY 31, 1984

741

make payments in lieu of contributions shall not be charged with benefits in certain cases of disqualification for cause.
Referred to Committee on Industry and Labor.

SB 500. By Senator Garner of the 30th:
A bill to amend an Act placing the coroner of Carroll County on an annual salary, as amended, so as to change the compensation of the coroner of Carroll County.
Referred to Committee on Federal, State and Community Affairs.

SB 501. By Senators Garner of the 30th and Brannon of the 51st:
A bill to amend Code Section 31-10-15 of the Official Code of Georgia An notated, relating to the filing of death certificates and medical certification, so as to change the provisions relating to the filing of certificates of death.
Referred to Committee on Human Resources.

SB 502. By Senator Kidd of the 25th:
A bill to amend an Act creating county courts (now state courts) in certain designated counties of this state, as amended, so as to change the compensa tion provisions relating to the judge and the solicitor of the State Court of Baldwin County.
Referred to Committee on Federal, State and Community Affairs.

SR 347. By Senator Scott of the 2nd:
A resolution urging the United States Congress to change the date of the general election. Referred to Committee on Governmental Operations.

SR 349. By Senator Horton of the 17th:
A resolution proposing an amendment to the Constitution so as to limit the terms for which a person may be Speaker of the House of Representatives; to provide an exception; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.

The following bills and resolution of the House were read the first time and re ferred to committees:

HB 123. By Representatives Greer of the 39th, Steinberg of the 46th and Richardson of the 52nd:
A bill to amend Code Section 47-2-110 of the Official Code of Georgia An notated, relating to retirement ages and eligibility for retirement under the

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JOURNAL OF THE SENATE

Employees' Retirement System of Georgia, so as to change the provisions relative to mandatory retirement on the basis of age.
Referred to Committee on Retirement.

HB 518. By Representative Phillips of the 125th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number "911" system, so as to provide that neither the state nor any political subdi vision of the state nor, except in cases of willful misconduct, gross negli gence, or bad faith, the employees, agents, or representatives of the state or any political subdivision thereof shall be liable for death or injury to the person or for damage to property as a result of establishing, participating in, or carrying out duties involved in operating the "911" emergency telephone system.
Referred to Committee on Judiciary and Constitutional Law.

HB 910. By Representative Bray of the 91st:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to counties in general, so as to authorize county governing authorities, for the purpose of protecting and preserving the public health, safety, and welfare, to adopt ordinances relative to their unincorporated ar eas, violations of which ordinances may be punished by fine or imprisonment or both.
Referred to Committee on Federal, State and Community Affairs (General).

HB 987. By Representatives Evans of the 84th and Burruss of the 20th:
A bill to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to enact the "Uniform Management of Institutional Funds Act" establishing guidelines for the management and use of investments held by eleemosynary institutions and funds.
Referred to Committee on Governmental Operations.

HB 1073. By Representatives Robinson of the 58th, Lambert of the 66th, Waldrep of the 80th and others:
A bill to amend Chapter 9 of Title 46 of the Official Code of Georgia Anno tated, relating to transportation of freight and passengers generally, so as to change the provisions relating to the power of common carriers to limit liability.
Referred to Committee on Industry and Labor.

HB 1182. By Representatives Murphy of the 18th, Phillips of the 120th, Colwell of the 4th and others:
A bill to amend Chapter 6 of Title 32 of the Official Code of Georgia Anno tated, relating to the regulation of maintenance and use of public roads,

TUESDAY, JANUARY 31, 1984

743

generally, so as to establish certain weight limitations for vehicles using the public roads of this state.
Referred to Committee on Transportation.

HB 1185. By Representatives Thomas of the 69th and Karrh of the 109th:
A bill to amend Code Section 19-11-42 of the Official Code of Georgia An notated, relating to definitions of terms used in the "Uniform Reciprocal Enforcement of Support Act," so as to enlarge the definition of the term "state" and thereby provide that foreign jurisdictions will be included within the reciprocal law in order that petitions may be entertained from such when reciprocity is granted to this state.
Referred to Committee on Judiciary.

HB 1236. By Representatives Parham of the 105th, Cooper of the 20th and Atkins of the 21st:
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 change certain provi sions regarding the registration of pharmacists.
Referred to Committee on Human Resources.

HB 878. By Representative Phillips of the 93rd:
A bill to create and establish an airport authority in and for Harris County and to authorize such authority to acquire, construct, equip, maintain, oper ate, own, and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment, and the usual and conven ient facilities appertaining to such undertaking, and to acquire, own, and hold a fee simple title to all necessary property therefor, both real and per sonal, and to lease and sell any and all such facilities including real property.
Referred to Committee on Federal, State and Community Affairs.

HB 1298. By Representative Cox of the 141st:
A bill to amend an Act establishing a board of commissioners for Seminole County, so as to change the boundaries of commissioners' districts.
Referred to Committee on Federal, State and Community Affairs.

HB 1302. By Representative Barnett of the 10th:
A bill to authorize the governing authority of Forsyth County to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county.
Referred to Committee on Federal, State and Community Affairs.

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HB 1306. By Representatives Watts of the 41st and Murphy of the 18th:
A bill to amend an Act creating the board of commissioners of Paulding County, so as to change the compensation of the chairman of the board of commissioners.
Referred to Committee on Federal, State and Community Affairs.

HB 1310. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to amend an Act incorporating the City of Lake City in the County of Clayton, so as to change the terms of office of the mayor and members of the council.
Referred to Committee on Federal, State and Community Affairs.

HB 1318. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to amend an Act abolishing the fee system of compensating the clerk of superior court of Jones County and providing in lieu thereof an annual salary, so as to change provisions relating to the compensation of the clerk of superior court and the clerk's personnel.
Referred to Committee on Federal, State and Community Affairs.

HB 1319. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Jones County and providing in lieu thereof an annual salary, so as to change the salary of the sheriff; to provide for salaries of employees of the sheriff.
Referred to Committee on Federal, State and Community Affairs.

HB 1320. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Jones County into the office of tax commissioner of Jones County, so as to change provisions relating to the compensation of the tax commissioner and the tax commissioner's personnel.
Referred to Committee on Federal, State and Community Affairs.

HB 1321. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to amend an Act abolishing the fee system of compensating the judge of the Probate Court of Jones County and providing in lieu thereof an an nual salary, so as to change provisions relating to the compensation of the judge of probate court and the judge's personnel.
Referred to Committee on Federal, State and Community Affairs.

TUESDAY, JANUARY 31, 1984

745

HB 1325. By Representatives Sherrod of the 143rd, Royal of the 144th and Long of the 142nd:
A bill to amend an Act providing for a board of commissioners of Thomas County, so as to create the office of county manager of Thomas County.
Referred to Committee on Federal, State and Community Affairs.

HR 541. By Representatives Home of the 103rd, Randall of the 101st, Pinkston of the 100th and others:
A resolution to amend 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, so as to release Bibb County from certain terms and conditions.
Referred to Committee on Public Utilities.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Agriculture has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HB 1232. Do pass.
Respectfully submitted,
Senator McGill of the 24th District, Chairman

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 478. Do pass. SB 373. Do pass.

SB 469. Do pass.

Respectfully submitted,

Senator Bond of the 39th District, Chairman

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Mr. President:

The Committee on Defense and Veterans Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Sen ate with the following recommendation:
SB 457. Do pass.
Respectfully submitted,
Senator Thompson of the 32nd District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 481. SB 486. SB 490. HB 680. HB 1238. HB 1245. HB 1246. HB 1248.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

HB 1252. HB 1254. HB 1261. HB 1263. HB 1268. HB 1269. HB 1282. HB 1283.

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 Governmental Operations has had under consideration the fol lowing resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 281. Do pass as amended.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the fol-

TUESDAY, JANUARY 31, 1984

747

lowing bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 465. SB 480. SR 327. SR 332. SR 333. HB 706.

Do pass.
Do pass as amended.
Do pass. v
Do pass by substitute. ,.
Do pass by substitute. Do pass.

HB 994. Do pass. HB 995 Do pass
HB 1102. Do pass. HB 1103. Do pass. HB 1109. Do pass.

HB 960. Do pass by substitute.

HB 1152. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations:
HB 272. Do pass by substitute. HB 977. Do pass as amended.
Respectfully submitted,
Senator Turner of the 8th 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 571. Do pass. HR 522. Do pass.
Respectfully submitted,
Senator Coleman of the 1st District, Chairman

748

JOURNAL OF THE SENATE

The following bills and resolution of the Senate and House were read the second time:

SB 461. By Senator Barnes of the 33rd:
A bill to amend Code Section 16-2-22 of the Official Code of Georgia Anno tated, relating to criminal responsibility of corporations, so as to provide for the prosecution under certain circumstances of agents and managerial offi cials of a corporation.

SR 282. By Senators Broun of the 46th, Barnes of the 33rd and Allgood of the 22nd:
A resolution requesting and urging the Supreme Court of Georgia to con sider the establishment for the superior courts of this state of a system for the reporting of judges' caseloads and the establishment for the multijudge superior court judicial circuits of this state of a system of random assign ment of equal numbers of cases to judges.

HB 983. By Representatives Chambless of the 133rd, Davis of the 45th, Childs of the 53rd and others:
A bill to amend Code Section 53-3-11 of the Official Code of Georgia Anno tated, relating to when probate in common form may be taken, so as to change the time for taking probate in common form and the time for grant ing the ordering admitting the will to record.

The following local, uncontested bills of the Senate, favorably reported by the committee, were read the third time and put upon their passage:

SB 470. By Senators Bryant of the 3rd and Reddish of the 6th:
A bill to amend an Act placing the clerk of the superior court and probate judge of Glynn County on an annual salary, as amended, so as to change the provisions relating to the compensation of the chief deputy clerk and deputy clerks.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 474. By Senator Kidd of the 25th:
A bill to make provisions for the Magistrate Court of Jasper County; to provide for legislative intent.

TUESDAY, JANUARY 31, 1984

749

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 475. By Senator Kidd of the 25th:
A bill to make provisions for the Magistrate Court of Putnam County; to provide for legislative intent; to provide for the appointment of a chief mag istrate and one other magistrate; to provide for a clerk.

The report of the committee, which was favorable to the passage of the bill was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 476. By Senator Kidd of the 25th:
A bill to amend an Act incorporating the Town of Mclntyre, Georgia, as amended, so as to extend the corporate limits of the Town of Mclntyre.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President called for the morning roll call, and the following Senators an swered to their names:

Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton

Cobb Coleman Dawkins Deal English Engram Fincher Foster Garner Gillis

Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins

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JOURNAL OF THE SENATE

Kennedy Kidd Lester McGill McKenzie Peevy Perry

Phillips Reddish Scott of 2nd Scott of 43rd Starr Tate

Thompson Timmons Trulock Turner Tysinger Walker

Those not answering were Senators:

Bond

Dean

Coggin

Land

Coverdell

Scott of 36th Stumbaugh

Senator Gillis of the 20th introduced the chaplain of the day, Dr. J.W. Wallis, pastor of Jefferson Street Baptist Church, Dublin, Georgia, who offered scripture read ing and prayer.

The following resolutions of the Senate were read and adopted:

SR 348. By Senator Burton of the 5th: A resolution commending the Atlanta-Buckhead Elks Lodge No. 78.

SR 350. By Senator Holloway of the 12th: A resolution recognizing and commending Sheriff Lamar Stewart, Sr.

SR 351. By Senator Holloway of the 12th: A resolution recognizing and commending Mr. H. Holcombe Perry, Jr.

SENATE RULES CALENDAR
Tuesday, January 31, 1984
TWENTY-THIRD LEGISLATIVE DAY
SB 345 Emergency Vehicle--valid special driver's license (SUBSTITUTE) (Pub Saf--28th)
SB 350 Motor Vehicle Insurance--conditions to drop charges for not keeping in vehicle (Ins--51st)
SB 395 Hospital Equipment Financing Authority--create (SUBSTITUTE) (B&F--23rd)
SB 411 Local Boards of Education--filling vacancies when not provided by local law (SUBSTITUTE) (Ed--50th)
SB 412 Right to Admission to Public School--when child has no parent, guardian (SUBSTITUTE) (Ed--42nd)

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751

SB 426 SB 427 SB 435 SB 436 SB 445 SB 449 SB 450 SR 4 HB 531 HB 536 HB 934 HB 974 HB 976 HB 1088 HB 1089 HB 1155 HB 1156 HB 1174 HR 476 HR 478 HR 482 HR 487 HR 524

Drivers' Licenses--change provisions on revocation of license for ha bitual violators (Pub Saf--46th)
City, County Political Subdivision--outstanding indebtedness (B&F--23rd)
DeKalb-Fulton County Boards of Education--health insurance pro grams (Ins--55th)
Grants to School Systems for Property Tax Relief--include voca tional-technical schools (SUBSTITUTE) (B&F--52nd)
Business Associations Undistributed Dividends, Distribu tions--presumed abandoned (B&F--8th)
Beginning School Age--change provisions relative to (Ed--30th)
Motorcycle Operator Safety Training Program--provide (SUBSTI TUTE) (Pub Saf--25th)
Local Sales, Use Tax--finance public facilities (SUBSTITUTE) (B&F--28th)
Racing Sculls, Shells, Sweeps--no personal flotation devices required (NREQ--7th)
Probationers--change provisions on informing supervisors of resi dence (Off R--30th)
Inmates--assignment by Offender Rehabilitation Commissioner of misdemeanor offenders (Off R--30th)
Firemen's Pension Fund Board of Trustees--composition (Ret--8th)
Trial Judges and Solicitors Retirement Fund--change a definition (Ret--8th)
Penal System--commissioner may employ as necessary (Gov Op--30th)
Persons Under Custody of Offender Rehabilitation--sale of tangible personal property (SUBSTITUTE) (Off R--30th)
Elections (Code)--correct certain errors in Title 21 (J&CL--26th)
Official Code of Georgia--correct certain errors and omissions (AMENDMENTS) (J&CL--26th)
Dams--impounding capacity of artificial barrier to qualify (NREQ--20th)
Tattnall County--easement for construction of transmission line (Pub U--4th)
Chattanooga, Tennessee--conveyance of certain state-owned prop erty (Pub U--47th)
Floyd County--conveyance of certain state-owned property (Pub U--52nd)
Chattanooga, Tennessee--conveyance of certain state-owned prop erty (Pub U--47th)
Western and Atlantic Railroad Property--prohibit Atlanta undertak ing new construction (Pub U--33rd)

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HR 544 Meriwether County--convey state-owned property to settle boundary discrepancies (Pub U--29th)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 345. By Senator Cobb of the 28th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to prohibit any person from operating an emergency vehicle unless such person has a valid special driver's license is sued by the Department of Public Safety.

The Senate Committee on Public Safety offered the following substitute to SB 345:

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 prohibit any per son from operating an emergency vehicle unless such person has a valid spe cial driver's license issued by the Department of Public Safety; to require that a person who is no longer qualified to operate an emergency vehicle shall surrender the special driver's license to the Department of Public Safety; to provide for renewal of special drivers' licenses; to define certain terms; to require a person to complete satisfactorily a defensive driving course in order to be eligible for a special driver's license; to provide for the contents of the defensive driving course and qualifications of instructors; to provide for certain fees and certificates; to provide for applicability of cer tain drivers' licenses laws; to provide for rules and regulations; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding between Code Sections 40-5-28 and 40-5-29 a new Code Section 40-5-28.1 to read as follows:
"40-5-28.1. (a) The department shall issue a special license as pro vided in paragraph (5) of Code Section 40-15-1 to any person who fur nishes a certificate of completion of a defensive driving course as required by Chapter 15 of this title and who surrenders all valid drivers' licenses in his possession.
(b) A person who is no longer qualified to operate an emergency vehicle and who surrenders the special license issued pursuant to subsec tion (a) of this Code section shall be issued a regular driver's license by

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the department, provided said person is otherwise qualified to operate a motor vehicle on the highways of this state.
(c) The provisions of this chapter relating to the issuance, expira tion, renewal, cancellation, suspension, and revocation of licenses shall be applicable to the holder of a special license issued pursuant to subsection (a) of this Code section unless otherwise provided by law or the rules and regulations of the board."
Section 2. Said title is further amended by adding at the end thereof a new Chapter 15 to read as follows:
"CHAPTER 15
40-15-1. As used in this chapter, the term:
(1) 'Ambulance' means a motor vehicle that is specially constructed and equipped and is intended to be used for the emergency transportation of patients, including dual purpose police patrol cars and funeral coaches or hearses licensed prior to 1979.
(2) 'Department' means the Department of Public Safety of Georgia.
(3) 'Emergency management vehicle' means a motor vehicle used to carry out functions under Chapter 3 of Title 38, the 'Georgia Emergency Management Act of 1981.'
(4) 'Emergency vehicle' includes but is not limited to any of the following motor vehicles for which the Board of Public Safety has issued a permit authorizing the use of flashing or revolving emergency lights:
(A) A motor vehicle belonging to a fire department;
(B) A certified private motor vehicle belonging to a volunteer fire man or a fire-fighting association, partnership, or corporation;
(C) An ambulance; or
(D) An emergency management vehicle.
(5) 'Special license' means a driver's license which is distinguishable from all other drivers' licenses issued to other applicants and which has a notation affixed to or made a part of the license indicating that the holder thereof is authorized to operate a specified emergency vehicle.
40-15-2. (a) On and after July 1, 1983, no person shall operate an emergency vehicle unless such person has a valid special license issued by the department. The department shall issue special licenses only to per sons who have completed a defensive driving course as provided in Code Section 40-15-3.
(b) A person who is no longer qualified to operate an emergency vehicle shall be required to surrender his special license to the department.

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40-15-3. (a) The Board of Human Resources shall establish by rules and regulations the standards and requirements concerning the contents of the defensive driving course applicable to ambulance drivers, the qual ifications of instructors, fees, and attendance procedures. The Depart ment of Human Resources shall issue a certificate of completion of a defensive driving course to each person who satisfactorily completes such course.
(b) The superintendent of the Georgia Fire Academy shall establish by rules and regulations the standards and requirements concerning the contents of the defensive driving course applicable to firefighters and volunteer firemen, the qualifications of instructors, fees, and attendance procedures. Alternative defensive driving courses may be established for various types of fire-fighting vehicles. The superintendent of the Georgia Fire Academy shall issue a certificate of completion of a defensive driv ing course to each person who satisfactorily completes such course.
(c) The director of emergency management shall establish by rules and regulations the standards and requirements concerning the contents of the defensive driving course applicable to emergency management offi cials and workers, the qualifications of instructors, fees, and attendance procedures. The director of emergency management shall issue a certifi cate of completion of a defensive driving course to each person who satis factorily completes such course.
40-15-4. The Board of Public Safety shall be authorized to promul gate and adopt rules and regulations necessary to carry out the provisions of this chapter. Such board may require that a special license shall not be renewed unless the person furnishes a certificate of completion of a de fensive driving course taken during the immediately preceding four-year period.
40-15-5. Any person violating the provisions of subsection (a) or (b) of Code Section 40-15-2 shall be guilty of a misdemeanor."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker

Bowen Brannon

Brantley Broun of 46th

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755

Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Foster Gillis Greene

Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy

Perry Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Bond

Fincher Garner

Hill Phillips

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 350. By Senators Brannon of the 51st and Perry of the 7th:
A bill to amend Code Section 33-34-10 of the Official Code of Georgia An notated, relating to requirements of proof of motor vehicle accident insur ance, so as to provide that the charges against a person for failure to keep proof of insurance in the vehicle shall be dismissed if the person produces prior to or in court proof of insurance theretofore issued to him and valid at the time of his arrest or the issuance of the citation.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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

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Dawkins Deal Dean English Engram Foster Gillis Greene Harris Harrison
Hine Holloway

Howard Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy
Perry Reddish

Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner
Tysinger Walker

Those not voting were Senators:

Fincher Garner

Hill Horton

Phillips

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

SB 395. By Senator Lester of the 23rd:
A bill 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 facilities, so as to create the hospital equipment financing authority.

The Senate Committee on Banking on Finance offered the following substitute to SB 395:

A BILL
To be entitled an Act to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to create the hospital equip ment financing authority; to provide for definitions; to provide for members of the authority and their appointment by the governor; to provide for quali fications and terms of office of members of the authority; to provide for filling vacancies; to provide for officers; to provide for a quorum; to provide for meetings; to authorize the authority to contract with any entity to pro vide administrative staff or.clerical services including the functions of the executive director; to provide for the duties of the executive director; to au thorize the members of the authority to delegate certain administrative du ties to such administrative entity; to provide that members of the authority

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757

may abstain from participating in certain discussions, deliberations, actions, and voting without violating any civil or criminal law under certain condi tions; to provide for disclosure of certain transactions; to prohibit participa tion by members of the authority in certain actions; to provide that certain contracts or transactions may not be considered void or voidable; to provide that officers or employees of the state may not be required to vacate their office or employment under certain conditions; to provide that the executive director shall execute a surety bond unless he is already bonded; to author ize the chairman of the authority to execute a blanket surety bond covering each member, the executive director, and the employees or other officers of the authority; to provide for the powers of the authority; to provide that no part of the revenue or assets of the authority may inure to the benefit of or be distributable to its members or officers or other private persons; to pro vide that net earnings of the authority shall inure to the benefit of the state; to provide for the disposition of all rights and properties of the authority upon termination or dissolution; to provide for competitive bidding; to pro vide for additional powers; to provide for the issuance, sale, and delivery of bonds by the authority and the procedures connected therewith; to provide that bonds issued by the authority shall not be deemed to constitute a debt or pledge of the faith and credit of the state or any political subdivision thereof; to declare that the creation of the authority and the carrying out of its corporate purposes is a public purpose; to provide that the state shall covenant with the holders of the bonds and any interest coupons appertain ing thereto that the authority shall not be required to pay taxes; to provide for certain rights for bondholders; to provide for the expenditure of funds received by the authority; to authorize the authority to hold title in any project financed by the authority; to provide for the legal situs or residence of the authority; to provide for the submission of annual reports by the au thority; to provide for construction; to provide for rules and regulations; to provide for liberal construction; 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 facilities, is amended by adding a new Article 10 at the end thereof to read as follows:
"Article 10
31-7-190. This article may be cited as the 'Hospital Equipment Fi nancing Authority Act.'
31-7-191. The purpose of this article shall be to provide a mecha nism through which hospitals may finance health equipment at lower than prevailing costs and to make this mechanism available to the largest number of hospitals feasible, including, but not limited to, those hospitals which serve disproportionately high numbers of indigent patients.
31-7-192. As used in this article, the term:
(1) 'Authority' means the Hospital Equipment Financing Authority created by this article and any successor or successors thereto. Any

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change in name or composition of the authority shall in no way affect the vested rights of any person under this article.
(2) 'Bond,' 'bonds,' or 'revenue bonds' means revenue bonds, re funding notes, notes, interim certificates, bond anticipation notes, and other evidences of indebtedness of the authority issued under this article, notwithstanding that such bonds may be secured by a mortgage or the full faith and credit of a participating health facility or any other law fully pledged security of a health facility.
(3) 'Cost' as applied to a project or any portion thereof financed under this article includes:
(A) The cost and the incidental and related costs of the acquisition, repair, restoration, reconditioning, refinancing, or installation of health equipment;
(B) The cost of any property interest in health equipment, including an option to purchase a leasehold interest;
(C) The cost of architectural, engineering, legal, trustee, underwrit ing, and related services; the cost of the preparation of plans, specifica tions, studies, surveys, and estimates of cost and of revenue; and all other expenses necessary or incident to planning, providing, or determining the need for or the feasibility and practicability of health equipment;
(D) The cost of financing charges, including premiums or prepay ment penalties and interest accrued before the acquisition and installa tion or refinancing of such health equipment for up to three years after such acquisition and installation or refinancing and costs related to health equipment for up to three years after such acquisition and instal lation or refinancing;
(E) The costs paid or incurred in connection with the financing of health equipment, including out-of-pocket expenses, the cost of any pol icy of insurance, the cost of printing, engraving, and reproduction ser vices, and the cost of the initial or acceptance fee of any trustee or pay ing agent;
(F) The costs of the authority incurred in connection with providing health equipment, including reasonable sums to reimburse the authority for time spent by its agents or employees in providing and financing health equipment; and
(G) The costs paid or incurred for the administration of any pro gram for the purchase or lease of or the making of loans for health equipment by the authority and any program for the sale or lease of or making of loans for health equipment to any participating provider.
(4) 'Health equipment' means any fixture or personal property which is determined by the authority to be necessary or helpful for medi cal care, research, training, or teaching in Georgia, regardless of whether such property is in existence at the time of, or is to be provided after the making of, such finding.

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(5) 'Health facility' means any health care facility licensed by the department under Article 1 of this chapter as a hospital which is owned or operated by a participating provider and which is utilized, directly or indirectly, in health care, medical research, or the training or teaching of health care personnel.
(6) 'Participating provider' means a person, corporation, municipal corporation, political subdivision, or other entity, public or private, which owns or operates a health facility and which contracts under this chapter with the authority for the financing or refinancing of, or the lease or other acquisition of, health equipment.
31-7-193. (a) There is created, with such duties and powers as are set forth in this chapter, a public body corporate and politic, not a state agency but an instrumentality of purely public charity performing an es sential governmental function, to be known as the Hospital Equipment Financing Authority.
(b) The authority shall be governed by five members appointed by the Governor, including:
(1) At least one trustee, director, officer, or employee of a health facility or an association of health facilities;
(2) At least one person who has experience in the field of state and municipal finance either as a partner, officer, or employee of an invest ment banking firm which originates and purchases state and municipal securities or as an officer or employee of an insurance company or bank whose duties relate to the purchase of state and municipal securities as an investment and to the management and control of a state and munici pal securities portfolio; and
(3) At least one person who has experience in the hospital building construction field or the hospital equipment field.
(c) All members must be Georgia residents.
(d) Two of the members appointed in 1984 shall be appointed for a term expiring January 1, 1986; two shall be appointed for a term expir ing January 1, 1988; and one shall be appointed for a term expiring Jan uary 1, 1990. Thereafter, each member shall be appointed for a six-year term. Vacancies in the membership of the authority shall be filled for the unexpired term by appointment by the Governor. Each member shall hold office for the term of his appointment and until his successor shall have been appointed and qualified. Members may be reappointed. Any member may be removed from office by the Governor for incompetency, neglect of duty, or malfeasance in office.
(e) The members shall elect a chairman, a vice chairman, and other officers. The members may not be compensated for their services but they shall be reimbursed for their actual and necessary expenses as deter mined by the authority.
(f) A majority of the members of the authority constitutes a quorum for the transaction of business. The vote of at least a majority of the

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members present at any meeting at which a quorum is present and who are not disqualified from voting under subsection (k) of this Code section is necessary for any action to be taken by the authority. No vacancy in the membership of the authority impairs the right of a quorum to exer cise all rights and perform all duties of the authority.
(g) Meetings of the members of the authority shall be held at the call of the chairman or whenever any two members so request. The mem bers shall meet at least once every year.
(h) The authority shall contract with an entity to provide an admin istrative staff and clerical services and to manage the routine affairs of the authority, including the originating and processing of any applica tions from participating providers for the lease or purchase from the au thority, or financing, reimbursing, or refinancing by the authority, of health equipment and to service the leases, installment purchase con tracts, and loan agreements between the authority and the participating providers. The administrative staff shall include an executive director who shall serve as the ex officio secretary of the authority. The executive director may be an employee of such entity. The executive director shall approve all accounts for salaries, allowable expenses of the authority or of any employee of the entity or consultant of the authority, and expenses incidental to the operation of the authority.
(i) The executive director shall attend the meetings of the members of the authority, shall keep a record of the proceedings of the authority, and shall maintain all books, documents, and papers filed with the au thority, the minutes of the authority, and its official seal. He may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates. If the executive director is un able to attend a meeting of the members of the authority, the members of the authority shall designate a member of the authority or an em ployee of the entity referred to in subsection (i) of this Code section as the person responsible for carrying out the duties set out in subsections (h) and (i) of this Code section.
(j) (1) Notwithstanding any other law or judicial decision to the contrary, a member of the authority does not violate any law, civil or criminal, if:
(A) He is qualified under paragraph (1) of subsection (b) of this Code section and he abstains from discussion, deliberation, action, and voting of the authority with respect to any undertaking under this article in which the participating provider with which that person is affiliated has a pecuniary interest at the time of such discussion, deliberation, ac tion, or vote;
(B) He is qualified under paragraph (2) of subsection (b) of this Code section and he abstains from discussion, deliberation, action, and voting with the authority with respect to any sale, purchase, or ownership of bonds of the authority in which the investment banking firm, or insur ance company, or bank of which the member is a partner, shareholder,

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761

officer, or employee has a pecuniary interest at the time of such discus sion, deliberation, action, or vote;
(C) He is qualified under paragraph (3) of subsection (b) of this Code section and he abstains from discussion, deliberation, action, and voting with the authority with respect to the installation or acquisition of any health equipment of the authority in which any partnership, firm, joint venture, sole proprietorship, or corporation of which such person is an owner, venturer, participant, partner, shareholder, officer, or employee has a pecuniary interest at the time of such discussion, deliberation, ac tion, or vote; or
(D) Any member or employee of the authority:
(i) Who has, or to his knowledge, may have, or later may acquire a direct or indirect pecuniary interest in any transaction with the authority; or
(ii) Who is an officer, member, director, or employee of or has an ownership interest in any firm or corporation interested directly or indi rectly in any transaction with the authority immediately discloses the na ture and extent of the interest in writing to the authority as soon as he has knowledge of the interest. This disclosure shall be entered upon the minutes of the authority. Upon this disclosure, the member or employee may not participate in any action by the authority authorizing such transaction.
(2) Notwithstanding any provisions of this Code section or any other law, a contract or transaction may not be considered void or voidable because of the presence of an interest described in this Code section if the provisions of this Code section have been satisfied.
(k) Notwithstanding the provisions of any other law, an officer or employee of the state may not be required to vacate his office or employ ment solely because he is a member of the authority or has provided services to the authority.
(1) Before the issuance of any bonds under this article, the executive director of the authority shall execute a surety bond in the penal sum of $50,000.00. If the executive director of the authority is already covered by a bond required by state law, the executive director need not obtain another bond if the bond required by state law is in at least the penal sum specified in this Code section and covers the executive director's ac tivities for the authority. In lieu of this bond, the chairman of the author ity may execute a blanket surety bond covering each member, the execu tive director, and the employees, agents, or other officers of the authority. At all time after the issuance of any surety bonds, these surety bonds shall be maintained in full force and effect. All costs of the surety bonds shall be borne by the authority.
31-7-194. (a) The authority has all powers necessary to carry out and effectuate its public and corporate purposes, including but not lim ited to the following:
(1) To have perpetual succession as a public body corporate and pol-

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itic and an independent public instrumentality exercising essential public functions;
(2) To adopt, amend, and repeal bylaws and rules consistent with this article to regulate its affairs, to carry into effect the powers and pur poses of the authority and conduct its business;
(3) To sue and be sued in its own name;
(4) To have an official seal;
(5) To maintain an office in Georgia;
(6) To make and execute contracts and all other instruments neces sary or convenient for the performance of its duties and the exercise of its powers and functions under this article;
(7) To employ architects, engineers, independent legal counsel, in spectors, accountants, and health care and financial experts and such other advisers, consultants, and agents as may be necessary in its judg ment without the approval of or consent by any other state official and to fix their compensation;
(8) To procure insurance against any loss in connection with its property and other assets in such amounts and from such insurers as it considers advisable, including the power to pay premiums on any such insurance;
(9) To procure insurance or guarantees from any public or private entities, including any department, agency, or instrumentality of the United States, to secure payment:
(A) On a loan, lease, or purchase payment owed by a participating provider to the authority; and
(B) Of any bonds issued by the authority, including the power to pay premiums on any such insurance or guarantee;
(10) To procure letters of credit or other credit facilities or agree ments from any national or state banking association or other entity au thorized to issue a letter of credit or other credit facilities or agreements to secure the payment of any bonds issued by the authority or to secure the payment of any loan, lease, or purchase payment owed by a partici pating provider to the authority, including the power to pay the cost of obtaining such letter of credit or other credit facilities or agreements;
(11) To receive and accept from any source any money, property, or thing of value to be held, used, and applied to carry out the purpose of this article, subject to the conditions upon which the grants or contribu tions are made, including gifts or grants from any department, agency, or instrumentality of the United States for any purpose consistent with this article;
(12) To provide, or cause to be provided by a participating provider, by acquisition, lease, fabrication, repair, restoration, reconditioning, refi-

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nancing, or installation of health equipment to be located within a health facility in Georgia;
(13) To lease as lessor any item of health equipment for such rentals and upon such terms and conditions as the authority considers advisable and which are not in conflict with this article;
(14) To sell by installment or otherwise to sell by option or contract for sale and to convey all or any part of any item of health equipment for such price and upon such terms and conditions as the authority considers advisable and which are not in conflict with this article:
(15) To make contracts and incur liabilities, borrow money at such rates of interest as the authority determines, issue its bonds in accor dance with this article, and secure any of its bonds or obligations by a mortgage or pledge of all or any of its property, franchises, and income or as otherwise provided in this article;
(16) To make secured or unsecured loans for the purpose of provid ing temporary or permanent financing or refinancing for the cost of any item of health equipment, including the retiring of any outstanding obli gations issued by a participating provider, and the reimbursement to a participating provider for the cost of any health equipment purchased within one year prior to the effective date of this article or in anticipation of procuring such financing or refinancing from the authority or other sources, and to charge and collect interest on such loans for such loan payments and upon such terms and conditions as the authority considers advisable and which are not in conflict with this article;
(17) To invest and reinvest its funds and to take and hold property as security for the investment of such funds as provided in this article;
(18) To purchase, receive, lease (as lessee or lessor), or otherwise acquire, own, hold, improve, use, or otherwise deal in and with health equipment, or any interest therein, wherever situated;
(19) To sell, convey, mortgage, pledge, assign, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets;
(20) To the extent permitted under its contract with the holders of bonds of the authority, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest or any other terms of any contract, loan, loan note, loan note commitment, lease, or agreement of any kind to which the authority is a party;
(21) To charge to and apportion among participating providers its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this article;
(22) Except as otherwise provided in a trust agreement or bond reso lution securing bonds of the authority, to invest any funds held in reserve,

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in such indebtedness or obligations designed by the authority for invest ments of its funds held under this article;
(23) To collect fees and charges, as the authority determines to be reasonable, in connection with its loans, leases, sales, advances, insur ance, commitments, and servicing;
(24) To cooperate with and exchange services, personnel, and infor mation with any federal, state, or local governmental agency; and
(25) To sell, at public or private sale, with or without public bid ding, any loan or other obligation held by the authority.
(b) No part of the revenues or assets of the authority may inure to the benefit of or be distributable to its members or officers or other pri vate persons. Any net earnings of the authority beyond that necessary for retirement of authority indebtedness or to implement the public purposes of this article inure to the benefit of the state. Upon termination or disso lution, all rights and properties of the authority pass to and are vested in the state, subject to the rights of lienholders and other creditors.
31-7-195. Health equipment financed under this article is not sub ject to any statutory requirement of competitive bidding or other restric tion imposed on the procedure for award of contracts or the lease, sale, or other disposition of property with regard to any action taken under au thority of this article; however, if the prospective lessee or purchaser re quests in writing, the authority shall call for bids in a manner determined by the authority with the approval of such lessee or purchaser.
31-7-196. (a) The authority may initiate a program of providing health equipment to be operated by participating providers in health fa cilities in Georgia. In furtherance of this objective, the authority may also:
(1) Establish eligibility standards for participating providers, pro vided that such standards shall encourage maximum feasible participa tion for participating providers serving disproportionately high numbers of indigent patients;
(2) Contract with any entity securing the payment of bonds under paragraphs (9) and (10) of subsection (a) of Code Section 31-7-194, au thorizing the entity to approve the participating providers that can finance or refinance health equipment with proceeds from the bond issue secured by that entity;
(3) Lease to a participating provider specific items of health equip ment upon terms and conditions that the authority considers proper, charge and collect rents therefor, terminate any such lease upon the fail ure of the lessee to comply with any of its obligations under the lease or otherwise as the lease provides, include in any such lease provisions that the lessee has the options to renew the term of the lease for such periods and at such rents as may be determined by the authority or to purchase any or all of the health equipment to which the lease applies;
(4) Loan to a participating provider under any installment purchase

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765

contract or loan agreement money to finance, reimburse, or refinance the cost of specific items of health equipment and take back a secured or unsecured promissory note evidencing such a loan and a security interest in the health equipment financed or refinanced with such loan, upon such terms and conditions as the authority considers proper;
(5) Sell or otherwise dispose of any unneeded or obsolete health equipment under terms and conditions as determined by the authority;
(6) Maintain, repair, replace, and otherwise improve or cause to be maintained, repaired, replaced, and otherwise improved any health equipment owned by the authority;
(7) Obtain or aid in obtaining property insurance on all health equipment owned or financed or accept payment if any health equipment is damaged or destroyed; and
(8) Enter into any agreement, contract, or other instrument with re spect to any insurance, guarantee, or letter of credit accepting payment in such manner and form as provided therein if a participating provider defaults and assign any such insurance, guarantee, or letter of credit as security for bonds issued by the authority.
(b) Before exercising any of the powers conferred by paragraph (a) of this Code section, the authority may:
(1) Require that the lease, installment purchase contract, or loan agreement involved be insured by a loan insurer, be guaranteed by a loan guarantor, or be secured by a letter of credit; and
(2) Require any other type of security from the participating provid ers that it considers reasonable and necessary.
(c) The authority may not finance health equipment for any partici pating provider unless the Health Planning Agency, or any successor thereof, has issued a certificate of need, or comparable certification of approval, to the participating provider for the health equipment to be financed by the authority if the acquisition of such health equipment by the participating provider would require a certificate of need, or compa rable certification of approval, under Chapter 6 of this title.
31-7-197. (a) The authority may issue, sell, and deliver its bonds, in accordance with this article, for the purpose of paying for or making loans to participating providers for the financing, reimbursing, or refi nancing of all or any part of the cost of health equipment, to finance the acquisition of health equipment for lease or sale to participating provid ers, and any other purposes authorized by this article.
(b) The bonds may be issued as serial bonds or as term bonds or a combination of each in one or more series and shall bear such date or dates, mature at such time or times, not exceeding ten years from their respective dates of issue, bear interest at such fixed or variable rates without regard to any limitations contained in any other statute or laws of this state, be payable at such time or times, be in such denominations, be in such form, either coupon or fully registered, carry such registration

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and conversion privileges, have such rank or priority, be payable in law ful money of the United States at such places, within or outside this state, and be subject to such terms of redemption as such bond resolution may provide.
(c) All revenue bonds issued by the authority shall be subject to validation in accordance with Article 3 of Chapter 82 of Title 36, known as the 'Revenue Bond Law.' All proceedings to validate revenue bonds of the authority shall be held in the Superior Court of Fulton County and judgments of validation obtained in the manner set forth in such chapter shall be forever conclusive upon the validity of such bonds and the secur ity for such bonds as therein provided. The petition and complaint for validation shall also make party defendant to such action any participat ing provider which has contracted with the authority in connection with the issuance of the bonds or regarding the manner in which such bonds are to be secured; and such participating provider shall be required to show cause, if any exists, why such security and the terms and conditions thereof should not be inquired into by the court, the validity of the terms thereof determined, and the security adjudicated as a binding obligation of the participating provider for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds against the authority issuing the same, any parties to the validation proceedings, or any per sons who might properly have become parties to said proceedings. The certificate of validation, however, may be signed with the facsimile or manually executed official signature of the clerk or deputy clerk of the Superior Court of Fulton County.
(d) The authority may sell its bonds in such manner and for such price, at public or private sale, as it may determine to be for the best interest of the authority. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim certificates or re ceipts or temporary bonds for definitive bonds upon issuance of the latter. The authority may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost.
(e) The bonds shall be signed by the chairman of the authority, and the corporate seal of the authority shall be thereunto impressed, im printed, or otherwise reproduced and attested by the signature of the sec retary of the authority. The coupons, if any, shall be signed in such man ner as may be directed by the authority. The signatures of the officers of the authority and the seal of the authority upon any bond, note, or other debt security issued by the authority may be by facsimile if the instru ment is authenticated or countersigned by a trustee other than the au thority itself or an officer or employee of the authority. All bonds or notes issued under authority of this article bearing signatures or facsimiles of the signatures of officers of the authority in office on the date of the sign ing thereof shall be valid and binding, notwithstanding that before the delivery thereof and payment therefor such officers whose signatures ap pear thereon shall have ceased to be officers of the authority.
(f) Interest shall cease to accrue on any bond on the date that such bond becomes due for payment if such payment is made or duly provided for, but liability for such bond and the accrued interest thereon shall

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continue until such bond is 20 years overdue for payment. At such time, unless demand for payment has been made, such obligation shall be ex tinguished and shall be deemed no longer outstanding.
(g) The authority may provide for the issuance of bonds of the au thority for the purpose of refunding any bonds of the authority then out standing, including the payment of any redemption premium thereon and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase, or maturity of such bonds, and, if considered ad visable by the authority, for the additional purpose of paying all or any part of the cost of health equipment.
(h) The proceeds of any bonds issued for the purpose of refunding outstanding bonds may, in the discretion of the authority, be applied to the purchase or retirement at maturity or redemption of such outstanding bonds either on their earliest or any subsequent redemption date or upon the purchase or at the maturity thereof and may, pending such applica tion, be placed in escrow to be applied to such purchase or retirement at maturity or redemption on such date as may be determined by the au thority. Subject to the provisions of any trust indenture to the contrary, any such escrowed proceeds, pending such use, may be invested and rein vested in such obligations as are determined by the authority in order to assure the prompt payment of the principal and interest and redemption premium, if any, on the outstanding bonds to be so refunded. The inter est, income, and profits, if any, earned or realized on any such investment may also be applied to the payment of the outstanding bonds to be so refunded. Only after the terms of the escrow have been fully satisfied and carried out, any balance of such proceeds and interest, income, and prof its, if any, earned or realized on the investments thereof shall be returned to the authority of the participating providers for use by them in any lawful manner. All such bonds are subject to this Code section in the same manner and to the same extent as other bonds issued under this Code section.
(i) The proceeds of the bonds, other than refunding bonds, of each issue shall be used for the payment of all or part of the cost of, or for the making of a loan in the amount of all or part of the cost of, the health equipment for which such bonds have been authorized and, at the option of the authority, for the deposit to a reserve fund or reserve funds for the bonds; however, the authority may be paid, out of money from the pro ceeds of the sale and delivery of its bonds issued in accordance with this chapter, all of the authority's out-of-pocket expenses and costs in connec tion with the issuance, sale, and delivery of such bonds, and the costs of obtaining insurance, guarantees, and letters of credit securing payment of the bonds and the lease and the loan and installment purchase payments, plus an amount equal to the compensation paid to any employees of the authority for the time those employees have spent on activities relating to the issuance, sale, and delivery of the bonds. Bond proceeds shall be dis bursed in the manner and under the restrictions determined by the authority.
31-7-198. (a) The bonds may be secured by a trust indenture by and between the authority and a corporate trustee which may be any bank having the power of a trust company or any trust company. The trust

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indenture may contain such provisions for protecting and enforcing the rights and remedies of the holders of the bonds as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the exercise of its powers and the custody, investing, safekeeping, and application of all money. The au thority may provide by the trust indenture for the payment of the pro ceeds of the bonds and the revenue to the trustee under the trust inden ture or other depository and for the method of disbursement thereof with such safeguards and restrictions as the authority may determine. All ex penses incurred in carrying out the trust indenture may be treated as a part of the operating expenses of the authority. If the bonds are secured by a trust indenture, the holders of the bonds have no authority to ap point a separate trustee to represent them.
(b) (1) Any bond resolution or related trust indenture, indenture of mortgage, or deed of trust may contain provisions, which must be a part of the contract with the holders of the bonds to be authorized, as to:
(A) Pledging or assigning the revenues generated by the health equipment, pledging or assigning the notes and mortgage, lease, or other security given by the participating providers whose health equipment has been financed with the proceeds of such bonds or other specified revenues or property of the authority;
(B) The rentals, fees, interest, and other amounts to be charged by the authority, the schedule of principal payments, and the sums to be raised in each year thereby, and the use, investment, and disposition of such sums;
(C) Setting aside any reserves or sinking funds and the regulation, investment, and disposition thereof;
(D) Limitation on the use of the health equipment;
(E) Limitations on the purpose to which or the investments in which the proceeds of sale of any issue of bonds then or thereafter may be applied;
(F) Limitations on the issuance of additional bonds, terms upon which additional bonds may be issued and secured, and the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to, other bonds;
(G) The refunding of outstanding bonds;
(H) The procedure, if any, by which the terms of any contract with holders of the bonds may be amended or abrogated, the amounts of bonds the holders of which must consent thereto, the manner in which such consent may be given, and restrictions on the individual rights of action by holders of the bonds;
(I) Acts or omissions that constitute a default in the duties of the authority to holders of its bonds and providing the rights and remedies of such holders in the event of default; and

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769

(J) Any other matters relating to the bonds that the authority con siders desirable.
(2) Bonds of the authority may also be secured by and payable from a pooling of leases or of notes and mortgages or other security instru ments whereby the authority may assign its rights, as lessor, and pledge rents under two or more leases of health equipment with two or more participating providers, as lessees, or assign its rights as payee or secured party and pledge the revenues under two or more notes and loan agree ments from two or more participating providers upon such terms as may be provided for in bond resolutions or other instruments under which such bonds are issued.
(c) Every issue of bonds is payable solely out of revenues, assets, or money of the authority as the authority determines, subject only to any agreements with the holders of particular bonds pledging any particular money or revenue. The bonds may be additionally secured by a pledge of any grant, contribution, or guarantee from the federal government or any corporation, association, institution, or person or a pledge of any money, income, or revenue of the authority from any source.
31-7-199. Neither the members of the authority nor any person exe cuting bonds or notes on behalf of the authority shall be personally liable thereon by reason of the issuance thereof.
31-7-200. Bonds issued under this article shall not be deemed to constitute a debt or pledge of the faith and credit of this state or any political subdivision thereof within the meaning of any provision of the Constitution or laws of this state. Bonds issued by the authority shall not directly, indirectly, or contingently obligate the state or any of its politi cal subdivisions to levy or to pledge any form of taxation whatever there for or to make any appropriation for the payment thereof; and all such bonds or other obligations of the authority shall contain recitals on their face covering substantially the foregoing provisions of this Code section. No state or local public funds shall be appropriated for use of the author ity created by this article.
31-7-201. The creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and is a public purpose, and the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this article; the state covenants with the holders of the bonds and any interest coupons appertaining thereto that the authority shall be required to pay no taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any of the property acquired or leased by it or under its jurisdic tion, control, possession, or supervision or upon its activities in the opera tion or maintenance of the health equipment acquired by it or upon any fees, rentals, charges, or purchase price, received in installments or other wise, pertaining to such health equipment or upon other income received by the authority; that the bonds of the authority, their transfer, and the interest and income therefrom shall at all times be exempt from taxation within this state; and that the recording of any indenture or security agreement by the authority shall be exempt from recording taxes and

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fees and from intangibles tax. The tax exemption provided in this Code section shall not include any exemption from sales or use tax on property purchased by the authority or for use by the authority, except that the authority shall be entitled to such exemption with respect to property for any particular project as is available to the participating provider pursu ant to Article 1 of Chapter 8 of Title 48.
31-7-202. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of any of its officers shall not be diminished or impaired in any manner that will affect adversely the interest and right of the holders of such bonds. This article shall be for the benefit of the state, the authority, and the holders of any such bonds and, upon the issuance of the bonds as provided in this article, such provisions shall constitute a contract with the holders of such bonds. The provisions of any bond resolution, indenture, or trust agreement shall be a contract with every holder of such bonds; and the duties of the authority under any such bond resolution, indenture, or trust agreement shall be enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity.
31-7-203. All moneys received by the authority pursuant to this arti cle, whether as grants or other contributions or as revenues, rents, and earnings, shall be held and applied solely as provided for in this article.
31-7-204. The authority may hold title to any project financed by it but shall not be required to do so.
31-7-205. The authority's legal situs or residence for the purpose of this article shall be Fulton County. Any action to protect or enforce any rights under this article, including the validation of obligations issued by the authority as permitted in this article, shall be brought in the Superior Court of Fulton County; and such court shall have exclusive original ju risdiction of all such actions.
31-7-206. Not later than the last day of January of each year, the authority shall submit an annual report of its activities for the preceding fiscal year to the Governor and the General Assembly. Each member of the General Assembly who requests a copy of the report from the chair man of the authority shall be sent a copy. Each report shall contain the name and address of the authority and a complete operating and financial statement for the authority during the fiscal year it covers. Fur thermore, each report shall contain a statement with respect to all bonds which the authority issued during the immediately preceding calendar year, and such statement shall contain with respect to each such issue of bonds:
(1) A copy of the resolution or other action authorizing the bonds;
(2) The identity of any public or private entity which will have any actual or potential liability for the payment of any part of the principal of or interest on such bonds;
(3) A statement identifying the location and nature of all health equipment which has been financed with any part of the proceeds of such bonds;

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771

(4) The identity of each participating provider which will make use of any part of such health equipment; and
(5) The amount, term, and interest rate of such bonds.
31-7-207. Nothing in this article may be construed as a restriction or limitation upon any powers which the authority might otherwise have under any other law of this state, and this article is cumulative to such powers. This article shall be construed to provide a complete, additional, and alternative method for the doing of the things authorized and shall be construed as supplemental to powers conferred by any other laws. The adoption by the authority of bylaws and rules and the issuance of bonds by the authority under this article need not comply with the requirements of any other state laws applicable to the adoption of bylaws and rules and the issuance of bonds, notes, and other obligations. No proceedings, no tice, or approval is required for the issuance of any bonds or any instru ment or the security therefor or for the proper conduct of the authority's business, affairs, or operations, except as provided in this article.
31-7-208. This article, being for the welfare of the state and its in habitants shall be liberally construed to effect its purposes."
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 39, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brantley BBrroowunn ooff 4467tthh
Bryant
Cobb
Coggin
Coleman

Coverdell Dean English Engram Foster GGirleliesne
Harris
Holloway
Howard
Kidd

Lester McGill McKenzie Perry D AA - , JSceodtdtisohff ,,36th,
Timmons
Trulock
Turner
Walker

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Those voting in the negative were Senators:

Barker Brannon Burton Dawkins Deal Fincher

Harrison Hine Horton Hudgins Muggins Peevy

Scott of 2nd Scott of 43rd Starr Stumbaugh Thompson Tysinger

Those not voting were Senators:

Garner Hill

Kennedy (presiding) Land

Phillips Tate

On the passage of the bill, the yeas were 32, nays 18.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 411. By Senators Foster of the 50th and Starr of the 44th:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for filling vacancies on said boards when the filling of vacancies is not pro vided for by local law.

Senator Deal of the 49th offered the following substitute to SB 411:
A BILL
To be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of educa tion, so as to provide for filling vacancies on said boards when the filling of vacancies is not provided for by local law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, is amended by adding between Code Sections 20-2-54 and 20-2-55 a new Code Section 202-54.1 to read as follows:
"20-2-54.1. (a) In all instances where local laws applicable to local

TUESDAY, JANUARY 31, 1984

773

boards of education do not provide otherwise, a vacancy occurring for any reason on a local board of education shall be filled as follows:
(1) If the members of the local board of education are elected by the voters of the local school district or by the voters within election districts composed of portions of the local school district;
(A) The vacancy shall be filled for the unexpired term at a special election which shall be held on the same date as the general election which is first held following the date of the vacancy; and
(B) Pending the vacancy being filled by special election pursuant to subparagraph (A) of this paragraph, the remaining members of the local board of education, within 30 days after the date of the vacancy, shall, by majority vote, elect a person to fill the vacancy until the person elected under said subparagraph (A) takes office; or
(2) If the members of the local board of education are appointed by the grand jury, the remaining members of the local board of education, by majority vote, shall elect a qualified person to fill the vacancy until the next grand jury convenes immediately following the occurrence of the vacancy at which time the grand jury shall appoint a qualified person to serve for the remainder of the unexpired term.
(b) Any person elected or appointed to fill a vacancy pursuant to subsection (a) of this Code section shall possess the same qualifications required for election to a full term of office as provided by law applicable to the office wherein the vacancy occurred. As applied to special elections under subparagraph(a)(l)(A) of this Code section, if the office wherein the vacancy occurred is filled by election of voters within a portion of the local school district, then the special election shall be held within that portion of the local school district, but if the office wherein the vacancy occurred is filled by the voters within the entire school district, then the special election shall be held within the entire school district."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes

Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th

774
Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster

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Gillis Harris Harrison Hine Horton Howard Hudgins Huggins Kidd Lester McGill Peevy Perry

Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Garner Greene Hill

Holloway Kennedy (presiding) Land

McKenzie Phillips Tate

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 412. By Senator Howard of the 42nd:
A bill to amend Subpart 1 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the right to admission to public school, so as to limit the circumstances under which children may be refused admission to or be prohibited from attending public school be cause the children have no parent or legal guardian exercising control or charge of that child.

The Senate Committee on Education offered the following substitute to SB 412:
A BILL
To be entitled an Act to amend Subpart 1 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the right to admission to public school, so as to limit the circumstances under which children may be refused admission to or be prohibited from attending public school because the children have no parent or legal guard ian exercising control or charge of that child; to repeal conflicting laws; and for other purposes.

TUESDAY, JANUARY 31, 1984

775

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Subpart 1 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the right to admission to public school, is amended by adding at the end thereof a new Code sec tion to read as follows:
"20-2-672. No child may be refused admission to or be prohibited from attending any public school based upon that child's then having no parent or legal guardian exercising control or charge of that child, unless at least 60 days have elapsed since the date on which the school first made written request to the person having control or custody of that child to provide proof that such person is either the parent or legal guardian of that child and such proof has not been so provided, except that if such 60 days have elapsed without such proof of guardianship being furnished but there is then pending an action to provide for such guardianship, proof of which action has been furnished to the public school, such time shall be extended until that action is concluded."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Brannon
Brantley Broun of 46th
Brown of 47th g u^ Cobb Coggin Coleman Dawkins Deal Dean English

Engram Fincher Foster Gillis
Greene Harrjs
Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester

McGill Peevy Perry Reddish
Scott of 2nd Scott of 36th
Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

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Those not voting were Senators:

Bond Bowen Coverdell Garner

Harrison Hill Kennedy (presiding)

McKenzie Phillips Starr

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 426. By Senator Broun of the 46th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to change the provisions relating to revocation of licenses of habitual violators.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Hill Hine Holloway Howard Hudgins Huggins Kidd Lester

McGill McKenzie Peevy Perry Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Garner Harrison

Horton Kennedy (presiding) Land

Phillips Starr

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777

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 435. By Senator Stumbaugh of the 55th:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education so as to provide that the boards of education of all counties of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census may provide by self-insurance for certain health and disability insurance programs.

Senator Barnes of the 33rd offered the following amendment:

Amend SB 435 by adding on Page 2 after line 11 and before line 12 a new subparagraph "d" as follows:
"(d) Any board of education shall have deemed to have waived the defense of sovereign immunity to the extent of the limits of any liability insurance purchased by it."

On the adoption of the amendment, Senator Barnes of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brannon Broun of 46th Brown of 47th Cobb Coggin Coleman Coverdell Dawkins

Deal English Engram Fincher Foster Garner Greene Harrison Hine Howard Hudgins Muggins

Kidd Land Lester McGill Peevy Scott of 2nd Scott of 36th Starr Tate Trulock Tysinger Walker

Those voting in the negative were Senators:

Bowen Brantley
Bryant Burton

Dean Harris
Hill Holloway

Horton McKenzie
Perry Reddish

778
Scott of 43rd Stumbaugh

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Thompson Timmons

Turner

Those not voting were Senators:

Gillis

Kennedy (presiding)

Phillips

On the adoption of the amendment, the yeas were 36, nays 17, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Dawkins

Deal Dean English Engram Fincher Foster Garner Greene Harrison Hill Hine Howard Hudgins Huggins

Kidd Land Lester Peevy Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Trulock Tysinger Walker

Those voting in the negative were Senators:

Bowen Bryant Harris Holloway

Horton McGill McKenzie Perry

Reddish Thompson Timmons Turner

Those not voting were Senators:

Gillis

Kennedy (presiding)

Phillips

On the passage of the bill, the yeas were 41, nays 12.

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779

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Barnes of the 33rd moved that SB 435 be immediately transmitted to the House.

On the motion, the yeas were 33, nays 1; the motion prevailed, and SB 435 was immediately transmitted to the House.

Senator Deal of the 49th gave notice that, at the proper time, he would move that the Senate reconsider its action previously today in passing the following bill of the Senate:

SB 395. By Senator Lester of the 23rd:
A bill 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 facilities, so as to create the hospital equipment financing authority.

Senator Lester of the 23rd introduced Mr. Pat Dye who is Head Football Coach at Auburn University, Auburn, Alabama.

The following general bills and resolution of the Senate and House, favorably re ported by the committees, were read the third time and put upon their passage:

SB 436. By Senators Hine of the 52nd and Broun of the 46th:
A bill to amend Part 1 of Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants to school systems for local property tax relief, so as to include vocational-technical schools.

The Senate Committee on Banking and Finance offered the following substitute to SB 436:
A BILL
To be entitled an Act to amend Part 1 of Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants to school systems for local property tax relief, so as to include vocational-tech nical schools; to change the method of allotting grants to local public school systems; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants to school systems for local property tax relief, is amended by striking in its entirety Code Section 20-2331, relating to the definition of "average daily attendance," and inserting in its place a new Code Section 20-2-331 to read as follows:
"20-2-331. For the purposes of this part, the term:
(1) 'Average daily attendance' means the number of pupils in aver age daily attendance in the local public school system in grades from kindergarten through 12, including special education students and both secondary and postsecondary vocational-technical school students, for the first four months of the school year immediately preceding that calendar year in which the grant is made available. For the initial year in which a grant shall be made pursuant to this part, 'average daily attendance' means the number of pupils in average daily attendance in grades 1 through 12, including special education students, for the first four months of the school year in the immediately preceding calendar year.
(2) 'Local public school system' includes systems which have or op erate secondary or postsecondary vocational-technical schools or indepen dent vocational-technical schools operated by independent boards of trustees."
Section 2. Said part is further amended by striking Code Section 202-333, relating to allotment of grants, in its entirety and substituting in lieu thereof a new Code Section 20-2-333 to read as follows:
"20-2-333. In any year in which the General Assembly shall provide funds for grants to the school systems of this state through a required local effort credit appropriation for education by line-item appropriation and with reference to this part, such grants shall be allotted to each school system pro rata according to the ratio which the average daily attendance of the particular system bears to the average daily attendance of the entire public school system of the 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 40, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

TUESDAY, JANUARY 31, 1984

781

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Kidd Land Lester

McGill McKenzie Peevy Perry Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Brown of 47th.

Those not voting were Senators:

English Hudgins

Kennedy (presiding)

Phillips

On the passage of the bill, the yeas were 51, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

The President resumed the Chair:

SB 445. By Senators Turner of the 8th, Lester of the 23rd and Broun of the 46th:
A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, known as the "Disposition of Unclaimed Property Act," so as to state clearly when undistributed dividends and distributions of busi ness associations are presumed abandoned.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Kennedy Kidd

Land Lester McGill McKenzie Peevy Perry Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Hudgins

Phillips Starr

Trulock

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 449. By Senator Garner of the 30th:
A bill to amend Code Section 20-2-151 of the Official Code of Georgia An notated, relating to the general and occupational education program, so as to change the provisions relative to the age for beginning school.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows.

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen

Brantley Broun of 46th Bryant Burton Cobb

Coggin Coleman Coverdell Dawkins Deal

Dean English Engram Fincher
Foster Garner Gillis
Greene Harris
Harrison Hill Hine

TUESDAY, JANUARY 31, 1984

783

Holloway Horton Howard Huggins Kennedy Kidd Land Lester McGill Peevy Perry

Reddish Scott of 2nd Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Brown of 47th Hudgins

McKenzie Phillips

Scott of 36th Starr

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 450. By Senators Kidd of the 25th and Cobb of the 28th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a motorcycle operator safety training program.

The Senate Committee on Public Safety offered the following substitute to SB
450:

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 provide for a mo torcycle operator safety training program; to provide for additional training programs under certain conditions; to define certain terms; to provide for the motorcycle safety training course; to provide for powers and duties of the commissioner of public safety and the Department of Public Safety; to pro vide for a State-wide Motorcycle Safety Coordinator, his powers and duties; to provide for instructors in such program and their training; to provide an effective date conditioned upon adequate appropriations; to repeal conflict ing 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

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to motor vehicles and traffic, is amended by adding immediately following Chapter 14 a new Chapter 15 to read as follows:
"Chapter 15
40-15-1. As used in this chapter, the term:
(1) 'Commissioner' means the commissioner of public safety.
(2) 'Coordinator' means the State-wide Motorcycle Safety Coordi nator provided for in Code Section 40-15-4.
(3) 'Department' means the Department of Public Safety.
(4) 'Motorcycle' means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor and a moped.
(5) 'Operator' means any person who drives or is in actual physical control of a motorcycle.
(6) 'Program' means a motorcycle operator safety training program provided for in Code Section 40-15-2.
40-15-2. (a) (1) The department is authorized to set up, establish, and operate a motorcycle operator safety training program for the pur pose of assisting motorcycle operators to meet the requirements for li censed driving of motorcycles in this state.
(2) The coordinator, with the approval of the commissioner, shall be authorized to set up, establish, and operate additional motorcycle opera tor safety training programs.
(b) Any such program shall provide a 20 hour course on motorcycle operator safety. The program shall be based on the Motorcycle Safety Foundation Motorcycle Rider Course or its equivalent in quality, utility, and merit.
(c) The department shall issue a certificate of completion to each person who satisfactorily completes the motorcycle operator safety train ing program.
40-15-3. The department is authorized to adopt, promulgate, and establish rules and regulations for the operation of any motorcycle opera tor safety training program; to provide for the entrance and enrollment of students; to prescribe fees for the course; and to prescribe the ages, re quirements, and conditions under which students may be received for in struction in any such program.
40-15-4. (a) The commissioner shall appoint a State-wide Motorcy cle Safety Coordinator who shall carry out and enforce the provisions of this chapter and the rules and regulations of the department. The coordi nator shall be placed in the classified service of the state merit system.
(b) The coordinator shall also be authorized to:

TUESDAY, JANUARY 31, 1984

785

(1) Promote motorcycle safety throughout the state;
(2) Provide consultation to the various departments of state govern ment and local political subdivisions relating to motorcycle safety; and
(3) Do any other thing deemed necessary by the commissioner to promote motorcycle safety in the state.
40-15-5. Every person who desires to qualify as an instructor in a motorcycle operator safety training program shall meet the following requirements:
(1) Be of good moral character;
(2) Give satisfactory performance on a written, oral, performance, or combination examination administered by the coordinator testing both knowledge of the field of motorcycle operator education and skills neces sary to instruct and impart motorcycle driving skills and safety to stu dents. The instructor training program shall provide for a 50 hour course of instruction based on the Motorcycle Safety Foundation's Instructor Course or its equivalent in quality, utility, and merit. This course of in struction shall be held semiannually, and an examination fee prescribed by the coordinator shall be charged;
(3) Be physically able to operate safely a motorcycle and to instruct others in the operation of motorcycles; and
(4) Hold a valid Class 2 driver's license."
Section 2. This Act shall become effective upon adequate appropria tions being made by the Georgia General Assembly to fund this Act.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brantley Broun of 46th

Brown of 47th Burton Cobb Coggin Coleman Coverdell

Dawkins Deal Dean English Engram Foster

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Gillis Greene Harris Harrison Hill Hine Holloway Howard

Hudgins Huggins Kennedy Kidd Lester Peevy Reddish Scott of 2nd

Scott of 36th Scott of 43rd Starr Stumbaugh Timmons Trulock Tysinger Walker

Those voting in the negative were Senators:

Barker Bryant Horton

Land McGill McKenzie

Perry Thompson Turner

Those not voting were Senators:

Brannon

Garner

Tate

Fincher

Phillips

On the passage of the bill, the yeas were 42, nays 9.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kidd of the 25th moved that SB 450 be immediately transmitted to the House.

On the motion, the yeas were 36, nays 0; to motion prevailed, and SB 450 was immediately transmitted to the House.

SR 4. By Senators Cobb of the 28th, Hill of the 29th and Bowen of the 13th:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the im position of local sales and use taxes to finance public facilities and to author ize the incurring without a referendum of public debt payable solely from proceeds of such taxes; to provide for submission of this amendment for rati fication or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section IV, Paragraph I of the Constitution is amended by adding at the end thereof a new subparagraph (d) to read as follows:

TUESDAY, JANUARY 31, 1984

787

"(d) The General Assembly may provide by general law for a sys tem of local option sales and use taxation to finance public facilities.
Such law may provide for such local sales and use taxes to be levied and received by counties, municipalities, or school districts or by any combi nation of such political subdivisions. Such law may further authorize such political subdivisions to incur debt payable solely from proceeds of
such taxes without the necessity of a referendum to approve the incurring of the debt."

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 authorize the imposition of local sales and use taxes to finance public facilities and to authorize the incurring without a refer endum of public debt payable solely from proceeds of such taxes?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The Senate Committee on Banking and Finance offered the following substitute to SR 4:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the im position by local law subject to a referendum of local sales and use taxes to finance public facilities and to authorize the incurring of public debt payable solely from proceeds of such taxes; to provide for submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section IV, Paragraph I of the Constitution is amended by adding at the end thereof a new subparagraph (d) to read as follows:
"(d) The General Assembly may by local law provide for local op tion sales and use taxation to finance public facilities. Such local laws may provide for such local sales and use taxes to be levied and received by counties, municipalities, or school districts or by any combination of such political subdivisions. Such laws may further authorize such politi cal subdivisions to incur debt payable solely from proceeds of such taxes. Any such law shall provide that the imposition of the tax and the incur-

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JOURNAL OF THE SENATE

ring of the debt shall be subject to the assent of a majority of the quali fied voters of the affected political subdivision or political subdivisions voting on the question of the imposition of such tax. Any such law shall provide that any local sales and use tax so imposed shall cease to be
imposed when the public facility or public facilities for which the tax was imposed have been completed and any debt created for such purpose has been paid."

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 authorize the imposition by local law subject to a referendum of local
sales and use taxes to finance public facilities and to au thorize the incurring for such purposes of public debt payable solely from proceeds of such taxes?"

All persons desiring to vote in favor of ratifying the proposed amend
ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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 adoption of the resolution by substitute, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coggin Dawkins

Deal Dean English Engram Foster Garner Gillis Greene Harris Hill Hine

Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McKenzie Peevy

TUESDAY, JANUARY 31, 1984

789

Perry Reddish Scott of 2nd Scott of 36th

Scott of 43rd Starr Thompson Timmons

Trulock Turner Walker

Those voting in the negative were Senators:

Barnes Brantley Burton

Coverdell Harrison

Stumbaugh Tysinger

Those not voting were Senators:

Coleman

McGill

Tate

Fincher

Phillips

On the adoption of the resolution, the yeas were 44, nays 7.

The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

HB 531. By Representatives Adams of the 36th and Rainey of the 135th:
A bill to amend Code Section 52-7-8 of the Official Code of Georgia Anno tated, relating to lifesaving devices on watercraft, so as to eliminate the re quirement that personal flotation devices be readily accessible to an occu pant or occupants of racing sculls, racing shells, and racing sweeps.
Senate Sponsor: Senator Perry of the 7th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th Bryant Burton Cobb

Coggin Coleman Coverdell Dawkins Deal Dean

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JOURNAL OF THE SENATE

English Engram Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway

Horton Howard Hudgins Huggins Kidd Land Lester McGill McKenzie Peevy Perry

Reddish Scott of 2nd Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Fincher

Phillips

Starr

Kennedy (presiding)

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.

HB 536. By Representatives Colwell of the 4th, Cox of the 141st, Hanner of the 131st and others:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to probation, so as to change the provisions relating to the duty of probationers to inform their probation supervisors of their residences.
Senate Sponsor: Senator Garner of the 30th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen 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

TUESDAY, JANUARY 31, 1984

791

Hill Hine Hollowa y HIHHTuoodwrtgoainrndjs
Huggins Kidd Lester

McGill McKenzie Peeyy SPnRceeordjrtjdyt-isohuf 2nd
Scott of 36th Scott of 43rd Starr

Stumbaugh Tate Thompson TTTir-mul.mocokns
Turner Tysinger Walker

Those not voting were Senators:

Kennedy (presiding)

Land

Phillips

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 934. By Representatives Colwell of the 4th, Hays of the 1st and Jackson of the 9th:
A bill to amend Code Section 42-2-51 of the Official Code of Georgia Anno tated, relating to the jurisdiction of the Department of Offender Rehabilita tion over certain misdemeanor offenders, designation of place of confinement of inmates, and reimbursement of county for incarceration of inmates await ing transfer to the department, so as to change the provisions relating to the assignment by the commissioner 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.

On the 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

Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard

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JOURNAL OF THE SENATE

Hudgins Muggins Kidd Lester McGill McKenzie Peevy

Perry Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh

Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Foster

Kennedy (presiding) Land

Phillips

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 974. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-7-20 of the Official Code of Georgia Anno tated, relating to the Board of Trustees of the Georgia Firemen's Pension Fund, so as to change the composition of said board.
Senate Sponsor: Senator Turner of the 8th.

The following Certifications, as required by law, were read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM: W.M. Nixon, State Auditor

DATE:

January 6, 1984

SUBJECT: House Bill LC 7 5450 (H.B. No. 974) Georgia Firemen's Pension Fund

The Bill would change the membership of the Board of Trustees of the Georgia Firemen's Pension Fund. The Governor and the Insurance Commis sioner or their designees would be members rather than ex-officio members. The three remaining members would be appointed by the Governor rather than persons holding positions designated by the current law. Two of these

TUESDAY, JANUARY 31, 1984

793

would be active members of the Fund and one would be a retired member of the Fund. The Bill also provides for dates the new members would take office and the appointment of successors.
This is to certify that this is a nonfiscal retirement bill to the pension system.
/s/ W.M. Nixon State Auditor

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Terry Lawler

State Representative, District 20, Post 5

FROM: W.M. Nixon, State Auditor

DATE:

January 16, 1984

SUBJECT: House Bill 974 Amendment (AM 7 0001) Georgia Firemen's Pension Fund

This Amendment would add a provision that the Georgia State Fire men's Association shall be authorized to submit to the Governor the names of nominees for the two active members and one retired beneficiary of the Fund to be appointed by the Governor. The Governor would not be required to appoint members of the board from such nominees.

This is to certify that this amendment does not cause House Bill 974 (LC 7 5450) to become a retirement bill having a fiscal impact on the pen sion fund.

/s/ W.M. Nixon State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes

Bowen Broun of 46th Brown of 47th

Burton Cobb Coggin

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JOURNAL OF THE SENATE

Coleman Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill

Mine Holloway Horton Howard Huggins Kidd Land Lester McGill McKenzie Peevy Perry

Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Dawkins.

Those not voting were Senators:

Bond Brannon Brantley

Bryant Coverdell Hudgins

Kennedy (presiding) Phillips Tate

On the passage of the bill, the yeas were 46, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 976. By Representative Johnson of the 72nd:
A bill to amend Chapter 10 of Title 47 of the Official Code of Georgia Annotated, known as the "Trial Judges and Solicitors Retirement Fund Act," so as to change the provisions relative to a definition.
Senate Sponsor: Senator Turner of the 8th.

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM: W.M. Nixon, State Auditor

TUESDAY, JANUARY 31, 1984

795

DATE:

January 6, 1984

SUBJECT: House Bill LC 7 5452 HB 976 Trial Judges' and Solicitors' Retirement Fund

This Bill would create a Board of Trustees of the Trial Judges' and Solicitors' Retirement Fund to administer the fund in place of the Board of Trustees of the Employees' Retirement System of Georgia. The new board would consist of all members of the Board of Trustees of the Employees' Retirement System of Georgia and three additional members appointed by the Governor. The three additional members would consist of one state court judge, one state court solicitor, and one juvenile court judge. The Bill would abolish the three ex-officio membership positions on the Board of Trustees of the Employees' Retirement System of Georgia serving only for the purposes of administering the Trial Judges' and Solicitors' Retirement Fund. The Bill also provides for dates the new members would take office and for the ap pointment of successors.

This is to certify that this is a nonfiscal retirement bill to the pension system.

/&/ W.M. Nixon State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Burton Cobb Coggin Coleman Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Horton Howard Kidd Land Lester McGill

McKenzie Peevy Perry Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond

Brantley

Bryant

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JOURNAL OF THE SENATE

Coverdell Mine Holloway

Hudgins Muggins Kennedy (presiding)

Phillips Tate Timmons

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1088. By Representatives Colwell of the 4th and Hays of the 1st:
A bill to amend Code Section 42-2-9 of the Official Code of Georgia Anno tated, relating to the selection of department personnel, so as to remove the requirement for consent and approval of the board.
Senate Sponsor: Senator Garner of the 30th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Brannon Broun of 46th Burton Cobb Coggin Coleman Dawkins Deal Engram Fincher Foster

Garner Gillis Greene Harris Harrison Hill Hine Horton Howard Hudgins Huggins Kidd Lester McGill

McKenzie Peevy Perry Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Bowen Brantley Brown of 47th Bryant

Coverdell Dean English Holloway Kennedy (presiding)

Land Phillips Starr Tate

On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed.

TUESDAY, JANUARY 31, 1984

797

HB 1089. By Representatives Colwell of the 4th and Hays of the 1st:
A bill to amend Code Section 44-12-199 of the Official Code of Georgia Annotated, relating to the presumption of abandonment of property, so as to provide for the presumptive abandonment of tangible personal property of persons under the custody and control of the Georgia Department of Of fender Rehabilitation after one year and to provide for the sale thereof.
Senate Sponsor: Senator Garner of the 30th.

The Senate Committee on Offender Rehabilitation offered the following substitute to HB 1089:
A BILL
To be entitled an Act to amend Code Section 44-12-199 of the Official Code of Georgia Annotated, relating to the presumption of abandonment of property, so as to provide for the presumptive abandonment of tangible per sonal property of persons under the custody and control of the Georgia De partment of Offender Rehabilitation after one year and to provide for the sale thereof; to exempt such property from certain reporting provisions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 44-12-199 of the Official Code of Georgia Annotated, relating to the presumption of abandonment of property, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 44-12-199 to read as follows:
"44-12-199. (a) Except as provided in subsection (b) of this Code section, all intangible personal property held for the owner by any court, public corporation, public authority, or public officer of the state or a political subdivision thereof is presumed abandoned if it has remained unclaimed by the owner for more than 15 years.
(b) All intangible personal property, including, but not limited to, funds or moneys in patient or inmate trust accounts or other accounts, held for or on behalf of an owner who had been a resident, patient, or inmate in any institution or facility operated by the Department of Human Resources or the Department of Offender Rehabilitation, which property has remained unclaimed by the owner or guardian of the owner for more than five years, is presumed abandoned.
(c) Any inmate or other person in the custody of the Georgia De partment of Offender Rehabilitation who escapes, is discharged or pa roled, or who dies while in the custody of the Georgia Department of Offender Rehabilitation shall be deemed to have abandoned all tangible personal property in the custody of the Georgia Department of Offender

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JOURNAL OF THE SENATE

Rehabilitation which has been held by said department for a period of one year and no valid claim in writing has been made to said department by the owner or the owner's heirs. Such property shall be disposed of by public sale in such manner as the commissioner of the Department of Offender Rehabilitation shall direct with the proceeds of such sale being deposited in the state treasury. Moreover, the commissioner of the De partment of Offender Rehabilitation shall have sole authority over said property, and the disposition of said property shall be exempt from all requirements of this article."
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 by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Broun of 46th Burton Cobb Coggin Coleman Dean English Engram

Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins Kidd Land Lester

McGill McKenzie Perry Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Dawkins Deal

Howard

Peevy

TUESDAY, JANUARY 31, 1984

799

Those not voting were Senators:

Brantley Brown of 47th Bryant Coverdell

Fincher Huggins Kennedy (presiding)

Phillips Starr Tate

On the passage of the bill, the yeas were 42, nays 4.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1155. By Representatives Evans of the 84th and Walker of the 115th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.
Senate Sponsor: Senator Greene of the 26th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen
Brannon Broun of 46th Brown of 47th
"{" Co in Coleman Coverdell Dawkins Deal English Engram

Fincher Foster Greene Harris
Harrison Hm Hme
Holloway Norton Howard Hudgins Kidd Land Lester McGill

McKenzie Peevy Perry Reddish
Scott of 2nd Scott of 36th Scott of 43fd
Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Bond
Brantley Bryant Dean

Garner
Gillis Huggins

Kennedy (presiding)
Phillips Starr

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1156. By Representatives Evans of the 84th and Walker of the 115th: A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated.
Senate Sponsor: Senator Greene of the 26th.
The Senate Committee on Judiciary and Constitutional Law offered the following amendment:
Amend HB 1156 by inserting between lines 10 and 11 of Page 27 the following:
"(9.1) By striking 'or' at the end of division (xxviii), by striking the period at the end of division (xxix) and inserting in its place a semicolon, and by adding new divisions (xxx) and (xxxi) as follows to subparagraph (A) of paragraph (3) of Code Section 16-14-3, relating to RICO definitions:
'(xxx) Article 3 of Chapter 5 of this title, relating to kidnapping, false imprisonment, and related offenses, except for Code Section 16-544, relating to aircraft hijacking; or
acts.('"x.xxi) Code Section 16-11-37, relating to terroristic threats and
By inserting between lines 10 and 11 of Page 28 the following:
"(2.1) By striking 'justices of the peace' and inserting in its place 'magistrates' and by striking 'justice' and inserting in its place 'officer' in Code Section 17-7-21, relating to the holding of a court of inquiry by several judicial officers."
By striking line 30 of Page 43 and inserting in lieu thereof the following:
"Section 32. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended as follows:
(1) By striking 'Public Law 97-987' and inserting in lieu thereof

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801

'Public Law 97-369' in Code Section 32-6-23, relating to width of vehi cles and loads.".
By striking from line 10 of Page 89 the following:
"Chapter",
and inserting in lieu thereof the following:
"chapter".
By deleting from lines 5 and 6 of Page 108 the following:
"by inserting 'examination or' between 'the' and 'licensing',".
By adding between lines 22 and 23 of Page 111 the following:
"(16.1) By striking 'subsection (g)' and inserting in lieu thereof 'subsection (j)' in subsection (k) of Code Section 43-40-12, relating to certain real estate license fees."
By deleting from line 25 of Page 111 the following:
"joint-secretary",
and inserting in lieu thereof the following:
"secretary".
By adding between lines 15 and 16 of Page 121 the following:
"(23.1) By striking 'gratuitious' and inserting in lieu thereof'gratui tous' in paragraph (6) of subsection (b) of Code Section 44-3-178, relat ing to certain public offering statements.
(23.2) By striking 'will purchaser nondefaulting' and inserting in lieu thereof 'will purchase nondefaulting' in Code Section 44-3-190, re lating to protection of purchasers from certain blanket encumbrances."
By inserting between "paragraph (12)" and "of on line 5 of Page 124 the following:
"and by striking 'Superior' and inserting in lieu thereof 'superior' in paragraph (20)".

Senator Greene of the 26th offered the following amendment:
Amend the Senate Committee on Judiciary and Constitutional Law substitute to HB 1156 by striking line 31 of Page 1 and inserting in lieu thereof the following:
"32-6-23, relating to width of vehicles and loads.".,

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JOURNAL OF THE SENATE

and inserting in lieu thereof the following: "32-6-23, relating to width of vehicles and loads.
(2) By striking from paragraph (1) of subsection (a) of Code Section 32-6-27, relating to enforcement of load limits, the following:
'15*.'
and inserting in lieu thereof the following:

Senator Greene of the 26th asked unanimous consent to withdraw his amendment; the consent was granted, and the amendment offered by Senator Greene of the 26th was withdrawn.

On the adoption of the amendment, the yeas were 34, nays 0, and the committee 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 j*owen Brannon
j?ryant gjjf11 Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster
Gillis Greene Harris
Harrison Hill Hine Holloway Horton Howard Huggins Kidd Land

Lester McGill McKenzie
Peevy Perry Reddish
Scott of 2nd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Scott of the 43rd.

TUESDAY, JANUARY 31, 1984

803

Those not voting were Senators:

Brantley Broun of 46th Brown of 47th

Garner Hudgins Kennedy (presiding)

Phillips Scott of 36th Starr

On the passage of the bill, the yeas were 46, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

Serving as doctor of the day today was Dr. James Dismuke of Adel, Georgia.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

At 12:32 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Wednesday, February 1, 1984 Twenty-fourth Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.

Senator Deal of the 49th moved that the Senate reconsider its action of Tuesday, January 31, in passing the following bill of the Senate:

SB 395. By Senator Lester of the 23rd:
A bill 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 facilities, so as to create the hospital equipment financing authority.

On the motion, the yeas were 16, nays 20; the motion was lost, and SB 395 was not reconsidered.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1330. By Representatives Bargeron of the 108th and Godbee of the 110th:
A bill to amend an Act creating the State Court of Burke County, so as to provide for an expense allowance for the solicitor of said state court.

HB 1331. By Representative Royal of the 144th:
A bill to amend an Act creating a new charter for the City of Camilla, so as to provide that a vacancy in the office of mayor or councilman shall be filled by a special election.

WEDNESDAY, FEBRUARY 1, 1984

805

HB 1335. By Representatives Crosby of the 150th and Dixon of the 151st:
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 110 . . . , which amendment, as amended, provides for the election of members of the Board of Education of Ware County.

HB 1053. By Representatives Richardson of the 52nd, Galer of the 97th, Steinberg of the 46th and others:
A bill to amend Code Section 19-3-30 of the Official Code of Georgia Anno tated, relating to when, where, and by whom marriage licenses are issued, so as to change the county in which marriage licenses may be issued.

HB 1054. By Representatives Richardson of the 52nd, Galer of the 97th, Steinberg of the 46th and others:
A bill to amend Code Section 19-2-4 of the Official Code of Georgia Anno tated, relating to domicile of minors, so as to change how a minor child's domicile is determined.

HB 1083. By Representatives Hanner of the 131st, Chambless of the 133rd, Hooks of the 116th and Greene of the 130th:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs for children and youth, so as to provide for crim inal record checks and determinations based thereon for directors and em ployees of certain centers, homes, and institutions which are licensed to care for children.

HB 1008. By Representatives Cox of the 141st, Long of the 142nd, Bargeron of the 108th and others:
A bill to amend Chapter 2 of Title 30 of the Official Code of Georgia Anno tated, relating to the Georgia Industries for the Blind, so as to direct the Department of Human Resources to provide the facilities necessary for the Industries for the Blind.

HB 1144. By Representative Johnson of the 72nd:
A bill to amend Chapter 5 of Title 47 of the Official Code of Georgia Anno tated, relating to the Joint Municipal Employees Retirement System, so as to comprehensively revise the Joint Municipal Employees Retirement System.

HB 1164. By Representatives Hooks of the 116th, Workman of the 51st, Hanner of the 131st and Home of the 103rd:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Anno tated, relating to securities, so as to provide for legislative purpose and intent.

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HB 913. By Representative Bray of the 91st:
A bill to amend Article 1 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to sales under tax executions, so as to change the period of time required for advertisement of sales or property not re turned for taxation.

HB 877. By Representatives Walker of the 115th, Snow of the 1st, Evans of the 84th and others:
A bill to amend Code Section 5-6-34 of the Official Code of Georgia Anno tated, relating to judgements and rulings deemed directly appealable, so as to delete certain judgements and rulings.

HB 1112. By Representatives Karrh of the 109th, Home of the 103rd, Walker of the 115th and others:
A bill to amend Code Section 48-6-2 of the Official Code of Georgia Anno tated, relating to exemptions from real estate transfer tax, so as to provide an exemption for divisions of jointly owned property.

HB 414. By Representatives Colwell of the 4th, Hays of the 1st, Coleman of the 118th and Anderson of the 8th:
A bill to amend Article 4 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the disposition of surplus property, so as to delete the requirement for a monthly report.

HB 152. By Representatives Williams of the 54th and Brooks of the 34th:
A bill to amend Code Section 49-4-101 of the Official Code of Georgia An notated, relating to definitions as used in the "Aid to Dependent Children Act," so as to change the definition of dependent child.

HB 732. By Representative Waddle of the 113th:
A bill to amend Chapter 4 of Title 44 of the Official Code of Georgia Anno tated, relating to determination of boundaries, so as to change the provisions relating to the coordinate system used in this state.

HB 872. By Representatives Russell of the 64th and Adams of the 79th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to require a state agency to pay certain fees and costs to certain persons who have incurred expenses as a result of agency legal proceedings and hearings.

HB 1171. By Representatives Mullinax of the 81st, Mostiler of the 75th, Aaron of the 56th and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, the "Employment Security Law," so as to extend the exclusion of

WEDNESDAY, FEBRUARY 1, 1984

807

aliens regarding coverage for agricultural purposes; to set a tax rate for new employers; to establish a new standard rate.

HB 1271. By Representatives Thomas of the 69th and Murphy of the 18th:
A bill to amend Article 3 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to service in civil actions generally, so as to clarify that, in appropriate cases, a singular defendant or multiple defen dants may be served by second original outside the county where the action is filed.

HB 1046. By Representatives Coleman of the 118th, Ramsey of the 3rd, Hanner of the 131st and others:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, relating to employment and training of law enforcement officers, so as to require the chiefs of police or department heads of law enforcement units to take annual training.

The House has adopted by the requisite constitutional majority the following reso lution of the House:

HR 543. By Representatives Home of the 103rd, Randall of the 101st, Birdsong of the 104th and others:
A resolution designating the David Lucas Pedestrian Walkway.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 503. By Senator Kidd of the 25th:
A bill to amend an Act creating the Board of County Commissioners of Hancock County, as amended, so as to provide for qualifications of the chairman of the board of commissioners.
Referred to Committee on Federal, State and Community Affairs.

SB 504. By Senators Foster of the 50th, Barnes of the 33rd, Dean of the 31st and others:
A bill to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory school attendance, so as to extensively revise said subpart.
Referred to Committee on Education.

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JOURNAL OF THE SENATE

SB 505. By Senator Cobb of the 28th:
A bill to amend an Act creating a new charter for the City of Newnan, as amended, so as to change the method of electing members of the board of aldermen.
Referred to Committee on Federal, State and Community Affairs.

SB 506. By Senators Garner of the 30th and Barnes of the 33rd:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to probation, so as to provide pretrial release and diversion programs as rehabilitative measures for certain persons charged with crimes prior to conviction.
Referred to Committee on Offender Rehabilitation.

SB 507. By Senator Bryant of the 3rd:
A bill to provide for authority; to continue in full force and effect as part of the Constitution ratified at the general election in 1982 that constitutional amendment, duly ratified at the general election in 1958, which amendment changed the composition of the membership of the Liberty County Indus trial Authority.
Referred to Committee on Federal, State and Community Affairs.

SB 508. By Senator Bryant of the 3rd:
A bill to provide for authority; to continue in full force and effect as part of the Constitution ratified at the general election in 1982 that constitutional amendment, duly ratified at the general election in 1968, which amendment created the Mclntosh County Industrial Development Authority.
Referred to Committee on Federal, State and Community Affairs.

SR 352. By Senators Holloway of the 12th, Kennedy of the 4th, Allgood of the 22nd and Coverdell of the 40th:
A resolution creating the Senate Fiscal and Administrative Affairs Study Committee.
Referred to Committee on Rules.

SR 353. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide that bills for raising or reducing revenue may originate in either house of the General Assembly; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.

WEDNESDAY, FEBRUARY 1, 1984

809

The following bills and resolution of the House were read the first time and re ferred to committees:

HB 152. By Representatives Williams of the 54th and Brooks of the 34th:
A bill to amend Code Section 49-4-101 of the Official Code of Georgia An notated, relating to definitions as used in the "Aid to Dependent Children Act," so as to change the definition of dependent child.
Referred to Committee on Children and Youth.

HB 414. By Representatives Colwell of the 4th, Hays of the 1st, Coleman of the 118th and Anderson of the 8th:
A bill to amend Article 4 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the disposition of surplus property, so as to delete the requirement for a monthly report.
Referred to Committee on Public Utilities.

HB 732. By Representative Waddle of the 113th:
A bill to amend Chapter 4 of Title 44 of the Official Code of Georgia Anno tated, relating to determination of boundaries, so as to change the provisions relating to the coordinate system used in this state.
Referred to Committee on Natural Resources and Environmental Quality.

HB 872. By Representatives Russell of the 64th and Adams of the 79th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to require a state agency to pay certain fees and costs to certain persons who have incurred expenses as a result of agency legal proceedings and hearings.
Referred to Committee on Economic Development and Tourism.

HB 877. By Representatives Walker of the 115th, Snow of the 1st, Evans of the 84th and others:
A bill to amend Code Section 5-6-34 of the Official Code of Georgia Anno tated, relating to judgments and rulings deemed directly appealable, so as to delete certain judgments and rulings.
Referred to Committee on Judiciary and Constitutional Law.

HB 913. By Representative Bray of the 91st:
A bill to amend Article 1 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to sales under tax executions, so as to change the period of time required for advertisement of sales or property not re turned for taxation.
Referred to Committee on Banking and Finance.

810

JOURNAL OF THE SENATE

HB 1008. By Representatives Cox of the 141st, Long of the 142nd, Bargeron of the 108th and others:
A bill to amend Chapter 2 of Title 30 of the Official Code of Georgia Anno tated, relating to the Georgia Industries for the Blind, so as to direct the Department of Human Resources to provide the facilities necessary for the Industries for the Blind.
Referred to Committee on Human Resources.

HB 1046. By Representatives Coleman of the 118th, Ramsey of the 3rd, Hanner of the 131st and others:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, relating to employment and training of law enforcement officers, so as to require the chiefs of police or department heads of law enforcement units to take annual training.
Referred to Committee on Public Safety.

HB 1053. By Representatives Richardson of the 52nd, Galer of the 97th, Steinberg of the 46th and others:
A bill to amend Code Section 19-3-30 of the Official Code of Georgia Anno tated, relating to when, where, and by whom marriage licenses are issued, so as to change the county in which marriage licenses may be issued.
Referred to Committee on Judiciary and Constitutional Law.

HB 1054. By Representatives Richardson of the 52nd, Galer of the 97th, Steinberg of the 46th and others:
A bill to amend Code Section 19-2-4 of the Official Code of Georgia Anno tated, relating to domicile of minors, so as to change how a minor child's domicile is determined.
Referred to Committee on Children and Youth.

HB 1083. By Representatives Hanner of the 131st, Chambless of the 133rd, Hooks of the 116th and Greene of the 130th:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs for children and youth, so as to provide for crim inal records checks and determinations based thereon for directors and em ployees of certain centers, homes, and institutions which are licensed to care for children.
Referred to Committee on Children and Youth.

HB 1112. By Representatives Karrh of the 109th, Home of the 103rd, Walker of the 115th and others:
A bill to amend Code Section 48-6-2, relating to exemptions from real es tate transfer tax, so as to provide an exemption for divisions of jointly owned property.
Referred to Committee on Banking and Finance.

WEDNESDAY, FEBRUARY 1, 1984

811

HB 1144. By Representative Johnson of the 72nd:
A bill to amend Chapter 5 of Title 47 of the Official Code of Georgia Anno tated, relating to the Joint Municipal Employees Retirement System, so as to comprehensively revise the Joint Municipal Employees Retirement System.
Referred to Committee on Retirement.

HB 1164. By Representatives Hooks of the 116th, Workman of the 51st, Hanner of the 131st and Home of the 103rd:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Anno tated, relating to securities, so as to provide for legislative purpose and intent.
Referred to Committee on Banking and Finance.

HB 1171. By Representatives Mullinax of the 81st, Mostiler of the 75th, Aaron of the 56th and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, the "Employment Security Law," so as to extend the exclusion of aliens regarding coverage for agricultural purposes; to set a tax rate for new employers; to establish a new standard rate.
Referred to Committee on Industry and Labor.

HB 1271. By Representatives Thomas of the 69th and Murphy of the 18th:
A bill to amend Article 3 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to service in civil actions generally, so as to clarify that, in appropriate cases, a singular defendant or multiple defen dants may be served by second original outside the county where the action is filed.
Referred to Committee on Judiciary.

HB 1330. By Representatives Bargeron of the 108th and Godbee of the 110th:
A bill to amend an Act creating the State Court of Burke County, so as to provide for an expense allowance for the solicitor of said state court.
Referred to Committee on Federal, State and Community Affairs.

HB 1331. By Representative Royal of the 144th:
A bill to amend an Act creating a new charter for the City of Camilla, so as to provide that a vacancy in the office of mayor or councilman shall be filled by a special election.
Referred to Committee on Federal, State and Community Affairs.

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JOURNAL OF THE SENATE

HB 1335. By Representatives Crosby of the 150th and Dixon of the 151st:
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 110 . . . , which amendment, as amended, provides for the election of members of the Board of Education of Ware County.
Referred to Committee on Federal, State and Community Affairs.

HR 543. By Representatives Home of the 103rd, Randall of the 101st, Birdsong of the 104th and others:
A resolution designating the David Lucas Pedestrian Walkway.
Referred to Committee on Public Utilities.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Human Resources has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 374. Do pass. SB 401. Do pass. SB 454. Do pass as amended. SB 455. Do pass.

SB 473. HB 1027. HB 1042. HR 443.

Do pass. Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 28. Do pass as amended. SB 319. Do pass as amended.

SB 430. Do pass as amended.

Respectfully submitted,

Senator Howard of the 42nd District, Chairman

WEDNESDAY, FEBRUARY 1, 1984

813

Mr. President:

The Committee on Industry and Labor has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 387. Do pass by substitute. HB 884. Do pass by substitute.

HB 914. Do pass.

Respectfully submitted,

Senator Walker of the 19th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 339. SR 341. HB 309.

Do pass. Do pass. Do pass.

HB 594. HB 968. HB 1138.

Do pass by substitute. Do pass. 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 Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 482. Do pass. HB 1062. Do pass.

HB 1153. Do pass.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following reso lutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 344. Do pass by substitute.

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JOURNAL OF THE SENATE

HR 504. Do pass.

Respectfully submitted, Senator Brown of the 47th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 373. By Senator Lester of the 23rd:
A bill to amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to damage and intrusion upon prop erty, so as to provide that it shall be unlawful for any wholesale distributor or retailer to sell or offer for sale any carbonated soft drink or malt beverage in a metal container which includes a part which must be detached to open the container.

SB 457. By Senators Peevy of the 48th, Dawkins of the 45th, McKenzie of the 14th and others:
A bill to amend Code Section 40-2-71.1 of the Official Code of Georgia Annotated, relating to special license plates for former prisoners of war, so as to provide that certain veterans who have been prisoners of war shall be issued not more than two distinctive personalized license plates free of charge.

SB 465. By Senator Hine of the 52nd;
A bill to amend Code Section 43-42-2 of the Official Code of Georgia Anno tated, relating to the creation of the Georgia Board of Registered Profes sional Sanitarians, so as to change the composition of the board.

SB 469. By Senator Coverdell of the 40th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sales of alcoholic bev erages on Sunday, so as to change the provisions relating to the sale of alco holic beverages on Sunday in public stadiums, coliseums, and auditoriums, in certain counties and municipalities.

SB 478. By Senator Coggin of the 35th:
A bill to amend Code Section 3-1-2 of the Official Code of Georgia Anno tated, relating to definitions in the "Georgia Alcoholic Beverage Code," so as to change the definitions of "malt beverage" and "wine".

WEDNESDAY, FEBRUARY 1, 1984

815

SB 480. By Senators Barnes of the 33rd, Trulock of the 10th and Dean of the 31st:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to change the definition of transacting business.

SB 481. By Senators Scott of the 2nd, Coleman of the 1st and Bryant of the 3rd:
A bill to provide for the appointment of the clerk of the State Court of Chatham County by a majority vote of the judges of the superior courts of the Eastern Judicial Circuit and the judges of said state court.

SB 486. By Senator Foster of the 50th:
A bill to provide for authority; to continue in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1982 general election, and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, which amendment re quires the Board of Education of the Rabun County School District to im pose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by the Rabun County School District on and after January 1, 1984.

SB 490. By Senators Garner of the 30th and Engram of the 34th:
A bill to amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, as amended, so as to change the compensation of the coroner.

SR 281. By Senators Coverdell of the 40th, Howard of the 42nd, Brantley of the 56th and others:
A resolution relative to Commissioner of Labor Sam Caldwell.

SR 327. By Senator Coverdell of the 40th:
A resolution to ratify the proposed amendment to the United States Consti tution prohibiting the enactment of a law by the United States Congress to vary the compensation of Senators and Representatives until an election of Representatives shall have intervened.

SR 332. By Senator Kidd of the 25th:
A resolution urging Congress to amend Title XX of the federal Social Se curity Act and urging the Secretary of Health and Human Services to pro mulgate regulations.

SR 333. By Senator Kidd of the 25th:
A resolution urging Congress to amend Title XX of the federal Social Se curity Act and urging the Secretary of Health and Human Services to pro mulgate regulations.

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HB 272. By Representative Cheeks of the 89th:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to change a definition.

HB 571. By Representatives Dobbs of the 74th, Jackson of the 65th, Alford of the 57th and Lane of the lllth:
A bill to amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, known as the "Litter Control Law," so as to provide for posting of a cash bond or deposit of driver's license in lieu of incarceration, formal recognizance, or bail by persons arrested for violation of any litter law.

HB 680. By Representative Murphy of the 18th:
A bill to provide for a supplemental expense allowance for the district attor ney of the Tallapoosa Judicial Circuit; to provide for the payment of such allowance by the counties comprising the circuit.

HB 706. By Representatives Ray of the 98th, Home of the 103rd, Pinkston of the 100th and others:
A bill to amend Code Section 15-16-1, relating to qualifications and training requirements of sheriffs, so as to change a provision relating to the qualifica tions and eligibility to hold the office of sheriff.

HB 960. By Representatives Steinberg of the 46th, Bray of the 91st and Edwards of the 112th:
A bill to amend Code Section 21-5-5 of the Official Code of Georgia Anno tated, relating to the filing of campaign financial disclosure reports, so as to provide that certain campaign financial disclosure reports be filed with the election superintendent of the county.

HB 977. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-16-21 of the Official Code of Georgia An notated, relating to the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia, so as to change the composition of said board.

HB 994. By Representatives Childers of the 15th and Phillips of the 125th:
A bill to amend Code Section 43-18-8 of the Official Code of Georgia Anno tated, relating to termination of the State Board of Funeral Service, so as to provide for the continuation of that board but to provide for the later termi nation of that board and the laws relating thereto.

WEDNESDAY, FEBRUARY 1, 1984

817

HB 995. By Representatives Childers of the 15th and Phillips of the 125th:
A bill to amend Code Section 43-29-22 of the Official Code of Georgia An notated, relating to termination of the State Board of Dispensing Opticians, so as to provide for the continuation of that board but to provide for the later termination of that board and the laws relating thereto.

HB 1102. By Representatives Pettit of the 19th, Thompson of the 20th and Maddox of the 7th:
A bill to amend Code Section 45-7-72 of the Official Code of Georgia Anno tated, relating to copies of statements disclosing professional services fees paid by state agencies, so as to delete certain provisions regarding copies of statements.

HB 1103. By Representative Lambert of the 66th:
A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Anno tated, relating to architects, so as to provide for a new name for the board; to change certain provisions relating to qualifications of applicants for examination.

HB 1109. By Representatives Childers of the 15th and Hooks of the 116th:
A bill to amend Code Section 43-20-21 of the Official Code of Georgia An notated, relating to termination of the State Board of Hearing Aid Dealers and Dispensers, so as to provide for the continuation of that board but pro vide for the later termination of that board and the laws relating thereto.

HB 1152. By Representatives Walker of the 115th, Groover of the 99th, Burruss of the 20th and others:
A bill to amend Code Section 45-10-24 of the Official Code of Georgia An notated, relating to prohibited transactions by part-time public officials with state-wide powers, so as to provide that purchases of surplus state property at public auction shall not be prohibited.

HB 1238. By Representatives Dover of the llth and Irvin of the llth:
A bill to provide for authority; to continue in force and effect as a part of the Constitution of the State of Georgia ratified in 1982 that constitutional amendment which was proposed by Resolution Act No. 140 enacted at the 1982 Session of the General Assembly and which was duly ratified at the 1982 general election and which relates to a 1 percent sales and use tax for educational purposes in Habersham County.

HB 1245. By Representatives Crawford of the 5th, Oliver of the 1st and Hays of the 1st:
A bill to provide for election of members to the Dade County board of edu cation; to provide for five education districts.

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HB 1246. By Representatives Crawford of the 5th, Hays of the 1st and Oliver of the 1st:
A bill to create a Board of Commissioners of Dade County.

HB 1248. 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 composition of districts from which members are elected.

HB 1252. By Representatives Hasty of the 8th, Anderson of the 8th and Barnett of the 10th:
A bill to provide that the successor to the Cherokee County school superin tendent shall be appointed by vote of the board of education to serve at the pleasure of the board.

HB 1232. By Representative Reaves of the 147th:
A bill to amend Code Section 43-50-52 of the Official Code of Georgia An notated, relating to applications for registration as veterinary technicians and examinations and exemptions from examinations therefor, so as to change the provisions relating to exemptions of certain applicants from the examination and certain other requirements for certification as registered animal technicians.

HB 1254. By Representative Auten of the 156th:
A bill to amend an Act providing for the holding of four terms each year of the Superior Court of Mclntosh County, so as to provide for the drawing of grand juries and the length of terms of said grand juries.

HB 1261. By Representatives Hirsch of the 96th, Buck of the 95th, Galer of the 97th and others:
A bill to amend an Act providing a charter for the county-wide government of Columbus, so as to change certain provisions regarding the appointment of clerks and clerks pro tempore of the recorder's court.

HB 1263. By Representatives Hirsch of the 96th, Buck of the 95th, Galer of the 97th and others:
A bill to amend an Act providing a charter for the county-wide government of Columbus, so as to change certain requirements regarding the member ship of certain boards, commissions and authorities.

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819

HB 1268. By Representative Phillips of the 120th: A bill to make provisions for the Magistrate Court of Montgomery County.

HB 1269. By Representative Rainey of the 135th:
A bill to amend an Act creating a board of commissioners for Crisp County, so as to change the provisions relating to the compensation of the commissioners.

HB 1282. By Representatives Kilgore of the 42nd, Watts of the 41st and Johnson of the 70th:
A bill to amend an Act creating the board of commissioners of Douglas County, so as to change the compensation of the chairman of the board of commissioners.

HB 1283. By Representatives Kilgore of the 42nd, Watts of the 41st and Johnson of the 70th:
A bill to amend an Act creating a Magistrate's Court of Douglas County, so as to provide for the Magistrate Court of Douglas County.

HR 522. By Representative Greer of the 39th:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions relating to the repeal of the resolution.

The President called for the morning roll call, and the following Senators an swered to their names:

Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant CBoubrtbon
Coggin Coleman Deal Dean English Engram Fincher

Foster Garner Gillis Greene Harris Harrison Hill Hme Holloway HHoowrtoanrd
Hudgins Huggins Kennedy Kidd Land Lester McGill

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd j. ^Stuamrrb, augh.
I,ate Thompson Timmons Trulock Turner Tysinger Walker

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Those not answering were Senators:

Bond

Coverdell

Dawkins

Senator Hill of the 29th introduced the chaplain of the day, Dr. Paul Baxter,
pastor of the First Baptist Church, LaGrange, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 354. By Senator Hine of the 52nd: A resolution recognizing the Rome Colt All Stars.

SR 355. By Senators Kennedy of the 4th, Holloway of the 12th, Gillis of the 20th and others:
A resolution expressing sympathy at the passing of Mr. Horace G. Caldwell.

SR 356. By Senators Cobb of the 28th, Hill of the 29th, Harris of the 27th and others:
A resolution commending Honorable Elmer George.

SENATE RULES CALENDAR

Wednesday, February 1, 1984

TWENTY-FOURTH LEGISLATIVE DAY

SB 427 SB 461 SR 282 HB 973 HB 1174 HR 476 HR 478 HR 482

City, County Political Subdivision--outstanding indebtedness (SUB STITUTE) (B&F--23rd)
Corporations--prosecution of agents, managerial officials (J&CL--33rd)
Superior Court Judges--urge system for reporting caseloads (J&CL--46th)
Public School Employees' Retirement Fund Board of Trust ees--composition (Ret--8th)
Dams--impounding capacity of artificial barrier to qualify (NREQ--20th)
Tattnall County--easement for construction of transmission line (Pub U--4th)
Chattanooga, Tennessee--conveyance of certain state-owned prop erty (AMENDMENT) (Pub U--47th)
Floyd County--conveyance of certain state-owned property (Pub U--52nd)

WEDNESDAY, FEBRUARY 1, 1984

821

HR 487 Chattanooga, Tennessee--conveyance of certain state-owned prop erty (AMENDMENT) (Pub U--47th)
HR 524 Western and Atlantic Railroad Property--prohibit Atlanta undertak ing new construction (Pub U--33rd)
HR 544 Meriwether County--convey state-owned property to settle boundary discrepancies (Pub U--29th)
HB 983 Probate in Common Form--change time for taking (Judy--49th)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 427. By Senator Lester of the 23rd:
A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to provide that the governing authority of any county, municipality, or political subdivision of the State of Georgia may provide for the refunding of all or any part of its outstanding bonded indebtedness by the issuance of general obligation refunding bonds without the necessity of conducting a referendum.

Senator Lester of the 23rd offered the following substitute to SB 427:

A BILL
To be entitled an Act to amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to provide that the governing authority of any county, municipality, or political subdivision of the State of Georgia may provide for the refunding of all or any part of its outstanding bonded indebtedness by the issuance of general obligation re funding bonds pursuant to a resolution or ordinance adopted by the gov erning authority without the necessity of conducting a referendum; to pro vide for and regulate the adoption of proceedings for the issuance of general obligation refunding bonds and the terms and provisions of such refunding bonds; to provide that the refunding bonds shall be exempt from taxation; to provide that any such refunding bonds when issued shall be deemed and construed to be issued in lieu of the bonded indebtedness so refunded; to provide that when any county, municipality, or political subdivision of the State of Georgia desires to issue refunding bonds, the officer or officers of the governing body shall give notice thereof to the district attorney of the judicial circuit in which such county, municipality, or political subdivision shall be located in writing, together with a certified copy of the resolution or ordinance of the governing body of such county, municipality, or political subdivision authorizing the issuance of such refunding bonds; to provide for the commencement of the validation proceedings in the superior court of the county in which the county, municipality, or political subdivision is located

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after service of the notice on the district attorney by the proper officer or officers of the county, municipality, or political subdivision authorizing the issuance of the refunding bonds and specifying the information which the validation petition must set forth; to provide for the liberal construction of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 82 of Title 36 of the Official Code of Georgia An notated, relating to bonds, is amended by adding a new subsection (0 at the end of Code Section 36-82-1, relating to the procedure for authorization of bonded debt, to read as follows:
"(00) It is expressly provided that any county, municipality, or other political subdivision of this state may provide for the refunding of all or any part of the outstanding bonded indebtedness of such county, municipality, or political subdivision without the necessity of a referen dum therefor if the governing authority of such county, municipality, or political subdivision adopts a resolution or ordinance authorizing the issu ance of general obligation refunding bonds for such purpose, provided the following conditions are met:
(A) The term of the refunding bonds shall not extend beyond the final maturity date of the bonds being refunded;
(B) The rate of interest borne by the refunding bonds shall not ex ceed the rate of interest borne by the bonds being refunded;
(C) The principal amount of the refunding bonds may exceed the principal amount of the bonds being refunded; in order to reduce the total principal and interest requirements over the remaining term of the bonds being refunded; and
(D) The proceeds derived from the sale of the refunding bonds, to gether with the earnings and increments derived therefrom, if any, will be sufficient to provide for the payment of the principal of, interest, and premium, if any, on the bonds being refunded and shall be deposited in an irrevocable trust fund created for that purpose.
(2) Such refunding bonds so authorized to be issued in compliance with the conditions set forth above, when issued, shall be construed and deemed to be issued in lieu of such original debt being so refunded, and the original debt upon the creation of the irrevocable trust fund and the deposit of the requisite proceeds shall not constitute a debt within the meaning of Article IX, Section V, Paragraph I of the Constitution of Georgia, but the refunding bonds shall constitute a debt within the meaning of Article IX, Section V, Paragraph I of the Constitution of Georgia and shall count against the limitation on debt measured by the 10 percent of assessed value of taxable property as expressed therein."
Section 2. Said chapter is further amended by striking Code Section 36-82-3, relating to the authorization of issuance of bonds, in its entirety and substituting in lieu thereof a new Code Section 36-82-3 to read as follows:

WEDNESDAY, FEBRUARY 1, 1984

823

"36-82-3. (a) When notice has been given and the election has been held, in accordance with Code Section 36-82-2, if the requisite majority of those qualified voters of the county, municipality, or political subdivi sion voting at the election vote for bonds, then the authority to issue the bonds in accordance with Article IX, Section V, Paragraph I or II of the Constitution of Georgia is given to the proper officers of the county, mu nicipality, or political subdivision.
(b) The ordinance or resolution of the governing body of the county, municipality, or other political subdivision of this state authorizing the issuance of general obligation refunding bonds in accordance with the terms and conditions of subsection (f) of Code Section 36-82-1 may be adopted at a regular or special meeting by a majority of the members of the governing body and, unless otherwise provided therein, such resolu tion or ordinance shall take effect immediately and need not be laid over or published or posted.
(c) General obligation refunding bonds may be issued in one or more series; may bear such date or dates; may mature at such time or times, and bear interest at such rate or rates per annum, payable at such time or times, subject to the limitations contained in subsection (f) of Code Section 36-82-1, pertaining to the final maturity date and maxi mum interest rate for such refunding bonds; may be payable in such me dium of payment at such place or places; may be in such denomination or denominations; may be in such form, either coupon or registered; may carry such registration, conversion, and exchangeability privileges; may be subject to such terms of redemption, with or without a premium; may be executed in such manner; and may contain such terms, covenants, and conditions as the ordinance or resolution authorizing the issuance of such refunding bonds may provide. All general obligation refunding bonds is sued under this article bearing the signature of officers in office on the date of the signing thereof shall be valid and binding, notwithstanding that before delivery thereof and payment therefor such officers whose sig natures appear thereon shall have ceased to be officers of the governmen tal body issuing the bonds. Pending the preparation of the definitive bonds, interim receipts, in such form and with such provisions as the gov erning body may determine, may be issued to the purchaser or purchas ers of bonds to be issued under this article. Such refunding bonds and interim receipts shall be negotiable for all purposes. Such refunding bonds shall be and are declared to be nontaxable for any and all purposes."
Section 3. Said chapter is further amended by striking Code Section 36-82-5, relating to authorization for the destruction of unsold bonds, in its entirety and substituting in lieu thereof a new Code Section 36-82-5 to read as follows:
"36-82-5. When any county, municipality, or political subdivision of this state has issued bonds under the authority of Article IX, Section V, Paragraph I, II, or III of the Constitution of Georgia and laws passed in pursuance thereof and when, after the bond issue is authorized and the bonds are printed, any of the bonds authorized and printed are not sold for any reason, the governing authorities of the county, municipality, or

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political subdivision may destroy the unsold bonds in the manner and under the conditions set out in Code Section 36-82-6."
Section 4. Said chapter is further amended by adding a new Code Section 36-82-7.1 immediately following Code Section 36-82-7, relating to authorized investments for bond proceeds, to read as follows:
"36-82-7.1. Any county, municipality, or other political subdivision of this state shall at or before the issuance and delivery of any general obligation refunding bonds provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest on such refunding bonds as same become due and payable, all as is provided in Article IX, Section V, Paragraph VI of the Constitution of Georgia."
Section 5. Said chapter is further amended by striking Code Section 36-82-20, relating to proceedings for validation of bonds of counties, munici palities, or political subdivisions generally, in its entirety and substituting in lieu thereof a new Code Section 36-82-20 to read as follows:
"36-82-20. (a) When any county, municipality, or political subdivi sion desiring to incur any bonded debt, as prescribed in Article IX, Sec tion V, Paragraphs I and II of the Constitution of Georgia, holds an election or passes a resolution in accordance with the provisions of the Constitution and laws of this state controlling and regulating such elec tions or the passage of such resolutions and the returns of such election or resolution show prima facie that the election or resolution is in favor of the issuance of the bonds, the officer or officers of the county, munici pality, or political subdivision charged by law with the duty of declaring the result of the election or resolution, within six months after so declar ing the result of the election or of the passage of the resolution, shall notify the district attorney of the judicial circuit in which the county, municipality, or political subdivision is located, in writing, of the fact that an election was held or that a resolution was passed and that the election or resolution was in favor of the issuance of the bonds. The ser vice of the notice shall be personal upon the district attorney; in the event that he is absent from the circuit, the notice shall be served in person upon the Attorney General.
(b) It is expressly provided that when the governing body of any county, municipality, or political subdivision desiring to issue refunding bonds as provided by Article IX, Section V, Paragraph III of the Consti tution of Georgia shall have adopted a resolution or ordinance authoriz ing the issuance of refunding bonds, the proper officer or officers of such county, municipality, or political subdivision, within six months after the adoption of such resolution or ordinance authorizing the issuance of such refunding bonds, shall notify the district attorney of the judicial circuit in which such county, municipality, or political subdivision is located, in writing, of the fact that the requirements pertaining to the issuance of general obligation refunding bonds have been met and that the issuance of such refunding bonds has been authorized by a resolution or ordinance duly adopted by the governing body of such county, municipality, or po litical subdivision and shall furnish the district attorney with a certified copy of such resolution or ordinance authorizing the issuance of such re funding bonds. The service of such notice shall be personal upon the dis-

WEDNESDAY, FEBRUARY 1, 1984

825

trict attorney; in the event that he is absent from the circuit, the notice shall be served in person upon the Attorney General."
Section 6. Said chapter is further amended by striking Code Section 36-82-21, relating to the filing of validation petition by the district attorney or attorney general in the superior court of the county in which the election was held or the resolution was passed, in its entirety and substituting in lieu thereof a new Code Section 36-82-21 to read as follows:
"36-82-21. (a) Within 20 days from the date of the service upon the district attorney or the Attorney General of notice of the fact that an election was held or a resolution passed and that the election or resolu tion was in favor of the issuance of the bonds, the district attorney or the Attorney General shall prepare and file a petition in the office of the clerk of the superior court of the county in which the election was held or the resolution was passed, directed to the superior court of the county, in the name of the state, and against the county, municipality, or political subdivision desiring to issue bonds under the election or resolution. The petition shall set forth the service of the notice, the name of the county, municipality, or political subdivision seeking to issue the bonds, the prin cipal amount of the bonds to be issued, the purpose for which the bonds are issued, the interest rate or rates which the bonds are to bear, and the amount of principal to be paid in each year during the life of the bonds and shall state that the election or resolution is prima facie in favor of the issuance of the bonds. The petition, in lieu of specifying the rate or rates of interest which the bonds are to bear, may set forth the wording which was used with respect to interest in the notice which was published calling the election to authorize the issuance of the bonds. The district attorney or the Attorney General shall obtain, from the judge of the court, an order requiring the county, municipality, or political subdivi sion, by its proper officers, to appear at such time and place, either in term or at chambers, within 20 days from the filing of the petition, as the judge of the court may direct, and to show cause, if any exists, why the bonds should not be confirmed and validated. The petition and order shall be served in the manner provided by law for the service of petitions upon counties, municipalities, or political subdivisions. The officers of the county, municipality, or political subdivision shall make sworn answers to such petition at or before the date set in the order for the hearing.
(b) Within 20 days from the date of the service upon the district attorney or the Attorney General of notice of the fact that a resolution or ordinance was adopted by the governing body of the county, municipal ity, or other political subdivision authorizing the issuance of refunding bonds, the district attorney or the Attorney General shall prepare and file a petition in the office of the clerk of the superior court of the county in which the county, municipality, or other political subdivision desiring to issue refunding bonds is located, directed to the superior court of the county, in the name of the state, and against the county, municipality, or political subdivision desiring to issue refunding bonds under the resolu tion or ordinance. The petition shall set forth the service of the notice, the name of the county, municipality, or political subdivision seeking to issue the refunding bonds, the maximum principal amount of the re funding bonds to be issued, the interest rate or rates which the bonds are to bear, and also setting forth the principal amount of outstanding

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bonded indebtedness to be refunded, the amount of principal to be paid in each year over the remaining life of the bonds to be refunded, the interest rate or rates per annum said outstanding bonds which are to be refunded bear and a certified copy of the resolution or ordinance so adopted authorizing the issuance of the refunding bonds shall be at tached to the petition and made a part thereof. The petition, in lieu of specifying the rate or rates of interest which the refunding bonds are to bear, may state that the refunding bonds when issued will bear interest at a rate or rates not exceeding a maximum rate per annum. The district attorney or the Attorney General shall obtain, from the judge of the court, an order requiring the county, municipality, or political subdivi sion, by its proper officers, to appear at such time and place, either in term or at chambers, within 20 days from the filing of the petition, as the judge of the court may direct, and to show cause, if any exists, why the refunding bonds should not be confirmed and validated. The petition and order shall be served in the manner provided by law for the service of petitions upon counties, municipalities, or political subdivisions. The of ficers of the county, municipality, or political subdivision shall make sworn answers to such petition at or before the date set in the order for the hearing."
Section 7. Said chapter is further amended by striking paragraph (2) of Code Section 36-82-121, relating to definitions pertaining to the regula tion of interest rates for municipal and county bonds other than general obligation bonds, in its entirety and substituting in lieu thereof a new para graph (2) to read as follows:
"(2) 'General obligation bonds' means any bonds, notes, certificates, or obligations of any kind issued by any municipality which, under the Constitution of Georgia, may not be issued without the consent of a ma jority of the qualified voters of the municipality affected, voting in an election for that purpose, and also shall mean any bonds, notes, certifi cates, or obligations of any kind issued to refund outstanding general ob ligation bonds without an election as authorized under Article IX, Sec tion V, Paragraph III of the Constitution of Georgia."
Section 8. The provisions of this Act shall be liberally construed to effect the purposes hereof, and insofar as the provisions of this Act may be inconsistent with the provisions of the Georgia Constitution under circum stances where the General Assembly has been granted the power by law to enlarge or restrict such provisions of the Constitution or the provisions of any law, including any general, local, or special Act of the General Assem bly creating or activating any municipality, this Act shall control.
Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 10. 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.

WEDNESDAY, FEBRUARY 1, 1984

827

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 Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Mine Holloway Horton Howard Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Bond Harrison

Hill Hudgins

Scott of 36th 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.

Senator Scott of the 43rd moved that the following bill of the Senate having been read the third time on February 7 and postponed until February 10, and tabled on February 11, be taken from the Table and put upon its passage:

SB 157. By Senator Scott of the 43rd:
A bill to amend Article 4 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to junior colleges, so as to change the provisions relative to payments by the board of regents to certain local operating authorities.

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On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 157 was taken from the Table and placed at the foot of the Senate General Calendar.

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 461. By Senator Barnes of the 33rd:
A bill to amend Code Section 16-2-22 of the Official Code of Georgia Anno tated, relating to criminal responsibility of corporations, so as to provide for the prosecution under certain circumstances of agents and managerial offi cials of a corporation.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Horton Howard Huggins Kennedy Kidd Land Lester McGill

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Cobb.

Those not voting were Senators:

Allgood Harrison

Holloway Hudgins

Thompson

On the passage of the bill, the yeas were 50, nays 1.

WEDNESDAY, FEBRUARY 1, 1984

829

The bill, having received the requisite constitutional majority, was passed.

SR 282. By Senators Broun of the 46th, Barnes of the 33rd and Allgood of the 22nd:
A resolution requesting and urging the Supreme Court of Georgia to con sider the establishment for the superior courts of this state of a system for the reporting of judges' caseloads and the establishment for the multijudge superior court judicial circuits of this state of a system of random assign ment of equal numbers of cases to judges.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Land

Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Harrison

Hudgins Thompson

Timmons

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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HB 973. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-4-22 of the Official Code of Georgia Anno tated, relating to membership of the Board of Trustees of the Public School Employees Retirement Fund, so as to change the provisions relative to the composition of the board.
Senate Sponsor: Senator Turner of the 8th.

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM: W. M. Nixon, State Auditor

DATE:

January 6, 1984

SUBJECT: House Bill LC 7 5435 (HB 973) Public School Employees' Retirement Fund

This Bill would change the composition of the Board of Trustees of the Public School Employees' Retirement Fund. In addition to all members of the Board of Trustees of the Employees' Retirement System of Georgia,
there would be two rather than three additional members and they would not be ex-officio members. The two additional members would be persons
appointed by the Governor rather than persons holding specific positions which are designated by current law. The Bill also provides for dates the new members would take office and for the appointment of successors.

This is to certify that this is a nonfiscal retirement bill to the pension system.

/s/ W. M. Nixon State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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831

Those voting in the affirmative were Senators:

Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Mine Holloway Horton Huggins Kennedy Kidd Land Lester McGill

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Brantley

Harrison Hill Howard

Hudgins Thompson Timmons

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1174. By Representatives Phillips of the 120th, Irvin of the llth and Long of the 142nd:
A bill to amend Part 3 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Safe Dams Act of 1978," relating to the operation and construction of dams, so as to provide that an artificial barrier impounding or diverting water that is less than 15 feet in height shall not be a dam for the purposes of said part unless it has an impounding capacity at its maximum storage elevation of 100 acre-feet or more.
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:

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Those voting in the affirmative were Senators:

Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal Dean English

Engram Fincher Foster Garner Gillis Harris Hine Holloway Horton Huggins Kennedy Kidd Land Lester McGill

Those not voting were Senators:

Allgood Barker Bond Dawkins

Greene Harrison Hill Howard

Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker
Hudgins McKenzie Timmons

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 476. By Representatives Oliver of the 121st, Colwell of the 4th and Hays of the 1st:
A resolution granting a perpetual easement for construction, operation and maintenance of a transmission line across property owned by the State of Georgia in Tattnall County, Georgia.
Senate Sponsors: Senators Scott of the 2nd and Kennedy of the 4th.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bowen

Brannon Brantley

Broun of 46th Brown of 47th

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833

Bryant Burton Cobb Coggin Coverdell Deal English Engram Fincher Foster Garner Gillis Greene

Harris Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Land Lester McGill Peevy

Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Tysinger Walker

Those not voting were Senators:

Allgood Barker Bond Coleman

Dawkins Dean Harrison Hudgins

McKenzie Timmons Turner

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 478. By Representative Johnson of the 72nd: A resolution authorizing the conveyance of certain state owned real property located in Chattanooga, Tennessee, to the Lord Company.
Senate Sponsor: Senator Brown of the 47th.

Senator Hine of the 52nd offered the following amendment:

Amend HR 478 by deleting on Page 3, lines 2, 3, and 4 in their entirety and substituting in lieu thereof the following:
"Properties Commission, for a consideration not less than fair mar ket value or $150,000, whichever is greater, upon such terms and condi tions as the State Properties Commission shall determine to be in the best interest of the State of Georgia."

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to as amended.

834

JOURNAL OF THE SENATE

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Harris Harrison Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Land

Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Turner Tysinger Walker

Those not voting were Senators:

Bond Coleman Greene

Hudgins Starr

Timmons Trulock

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

HR 482. By Representatives McKelvey of the 15th, Childers of the 15th and Caldwell of the 16th:
A resolution authorizing the conveyance of certain state owned property lo cated in Floyd County, Georgia.
Senator Sponsor: Senator Hine of the 52nd.

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:

WEDNESDAY, FEBRUARY 1, 1984

835

Those voting in the affirmative were Senators:

Allgood Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Deal Dean English

Engram Fincher Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd

Land Lester Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Turner Tysinger Walker

Those not voting were Senators:

Barker Bond Coleman

Foster McGill McKenzie

Starr Timmons Trulock

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 487. By Representative Johnson of the 72nd: A resolution authorizing the conveyance of certain state owned real property located in Chattanooga, Hamilton County, Tennessee.
Senate Sponsor: Senator Brown of the 47th.

Senator Hine of the 52nd offered the following amendment:

Amend HR 487 by deleting on Page 2, beginning on line 21, Section 3 in its entirety and inserting a new Section 3 to read as follows:
"That the State Properties Commission is authorized to convey any and all of the above described property for a consideration not less than the fair market value upon such terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia."

836

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 Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land

Lester McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Voting in the negative was Senator Horton.

Those not voting were Senators:

Bond

Holloway

Hill

McGill

Starr Timmons

On the adoption of the resolution, the yeas were 49, nays 1.

The resolution, having received the requisite constitutional majority, was adopted as amended.

HR 524. By Representatives Colwell of the 4th, Hays of the 1st, Coleman of the 118th and Jackson of the 9th:
A resolution to amend an Act permitting the City of Atlanta to build and construct ways, streets, roads, bridges, viaducts, or plazas over the Western

WEDNESDAY, FEBRUARY 1, 1984

837

& Atlantic Railroad property, so as to prohibit the City of Atlanta from undertaking new construction on or changing the utilization of any part of any street-level plaza construction over Western & Atlantic property prior to a certain date without the written approval of the State Properties Commission.
Senate Sponsor: Senator Barnes of the 33rd.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Garner Gillis Greene Harris Harrison Hill Hine Holloway Howard Hudgins Huggins Kennedy Land

Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Turner Tysinger Walker

Those not voting were Senators:

Brannon Brown of 47th Foster

Horton Kidd Reddish

Starr Timmons Trulock

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

838

JOURNAL OF THE SENATE

HR 544. By Representative Bray of the 91st:
A resolution authorizing the conveyance of certain state owned real property located in Meriwether County, Georgia, in order to settle certain boundary line discrepancies.
Senate Sponsor: Senator Hill of the 29th.

Senator Hine of the 52nd offered the following amendment:

Amend HR 544 by deleting on Page 2, beginning on line 4, Section 2 in its entirety and inserting a new Section 2 to read as follows:
"That the State Properties Commission is authorized to convey any and all of the above described property for a consideration not less than the fair market value upon such terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia."

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 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 Barker Barnes Bowen Brannon
nrantleyf * u
Broun of 46th
BRrownt of 47th iurton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Garner Gillis
Greene
HarrU
,,Ha!rn*son Hill Hine Holloway Howard Huggins Kennedy Kidd Land

Lester McGill McKenzie Peevy Pe
Phillips
RpHHih
*Sco,,tt *of 2->ndA Scott of 43rd Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

WEDNESDAY, FEBRUARY 1, 1984

839

Those not voting were Senators:

Bond Foster Horton

Hudgins Scott of 36th

Starr Timmons

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

HB 983. By Representatives Chambless of the 133rd, Davis of the 45th, Childs of the 53rd and others:
A bill to amend Code Section 53-3-11 of the Official Code of Georgia Anno tated, relating to when probate in common form may be taken, so as to change the time for taking probate in common form and the time for grant ing the ordering admitting the will to record.
Senate Sponsors: Senators Deal of the 49th and 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 Bowen Brannon Brantley Broun of 46th Brown of 47th
" ry f nt gjjf1 Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison
Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Land

Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd
Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Trulock Turner Tysinger Walker

840

JOURNAL OF THE SENATE

Those not voting were Senators:

Bond

Tate

Hudgins

Timmons

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Serving as doctor of the day today was Dr. Cyler Garner of Gordon, Georgia.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 11:35 o'clock A.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

THURSDAY, FEBRUARY 2, 1984

841

Senate Chamber, Atlanta, Georgia Thursday, February 2, 1984 Twenty-fifth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by Senator Kennedy of the 4th, President Pro Tempore.

Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1255. By Representative Hudson of the 117th:
A bill to amend an Act fixing the salaries of certain county officers of Bleckley County, so as to change the provisions relative to the compensation of the Judge of the Probate Court of Bleckley County.

HB 1256. By Representative Hudson of the 117th:
A bill to amend an Act placing the sheriff of Bleckley County upon an an nual salary, so as to change the provisions relative to the compensation of the sheriff.

HB 1257. By Representative Hudson of the 117th:
A bill to amend an Act creating the office of tax commissioner of Bleckley County, so as to change the provisions relative to the compensation of the tax commissioner.

HB 1287. By Representative Hudson of the 117th:
A bill to amend an Act placing the clerk of the Superior Court of Bleckley County upon an annual salary, so as to change the provisions relative to the compensation of said officer.

842

JOURNAL OF THE SENATE

HB 1288. By Representative Hudson of the 117th:
A bill to amend an Act creating the office of commissioner of Bleckley County, so as to change the provisions relating to the compensation of the commissioner.

HB 1348. By Representative Reaves of the 147th:
A bill to amend an Act creating the board of commissioners of Brooks County, so as to reconstitute the membership of the board of commissioners.

HB 1349. By Representative Reaves of the 147th:
A bill to abolish the method of compensating the clerk of the Superior Court of Brooks County known as the fee system; to provide in lieu thereof for an annual salary.

HB 1350. By Representative Reaves of the 147th:
A bill to provide for reapportionment of the board of education of Brooks County.

HB 912. By Representative Bray of the 91st:
A bill to amend Article 1 of Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of domestic wills, so as to change the periods of time within which probate in common form becomes conclusive upon all parties in interest.

HB 957. By Representatives Thompson, Wilson, Burruss and Lawler of the 20th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia An notated, relating to county boards of equalization, so as to change the time period for the filing of a notice of appeal.

HB 985. By Representatives Chambless of the 133rd, Davis of the 45th, and Steinberg of the 46th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to comprehensively revise the laws relating to notaries public.

HB 1091. By Representatives Lawler of the 20th, Coleman of the 118th and Cooper of the 20th:
A bill to amend Code Section 15-16-20 of the Official Code of Georgia An notated, relating to sheriffs minimum salaries and operating expenses, so as to provide for a vehicle allowance.

THURSDAY, FEBRUARY 2, 1984

843

HB 1108. By Representatives Thomas of the 69th, Jackson of the 83rd and Murphy of the 18th:
A bill to amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions in general, so as to provide that if the Attorney General elects not to appeal from a judgment in favor of the petitioner in a habeas corpus proceeding instituted by or on behalf of a felony inmate then the Attorney General shall give notice of his decision to the district attorney who prosecuted the inmate.

HB 1195. By Representative Rainey of the 135th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to include nutria among the nongame species that may be taken for certain purposes.

HB 1200. By Representative Ramsey of the 3rd:
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 for suspension of a driver's license for conviction in another state of driving under the influence of alcohol or drugs.

HB 1230. By Representatives Patten of the 149th, Murphy of the 18th, Beck of the 148th and others:
A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to change the provisions relating to ex emptions from jury duty.

HB 1235. By Representatives Bargeron of the 108th, Godbee of the 110th, Ray of the 98th and others:
A bill to amend Code Section 49-4-142 of the Official Code of Georgia An notated, relating to the Department of Medical Assistance and the state plan for Medical Assistance and the Department of Human Resources to modify the state plan and any relevant rules and regulations so as to allow supplementation for private rooms and private sitters for recipients in nurs ing homes.

HB 1292. By Representatives Adams of the 36th, Isakson of the 21st and Lambert of the 66th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, so as to provide for the licensing of low-voltage contracting.

HB 1308. By Representatives Phillips of the 120th and Dobbs of the 74th:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, relating to waste management, so as to provide immunity for provid-

844

JOURNAL OF THE SENATE

ing assistance and advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials.

HB 1313. By Representatives Walker of the 115th, Lee and Benefield of the 72nd and others:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to change the definition of transacting business.

HB 1180. By Representative Selman of the 32nd:
A bill to amend an Act entitled "An Act to Provide in Fulton County a System for Pension and Retirement Pay to the Teachers and Employees of the Board of Education of Fulton County; and for other purposes.", so as to provide for a change in the method of selection and membership of the Pen sion Board of the Fulton County School Employees Pension System.

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 Senate:

SB 85. By Senator Barnes of the 33rd:
A bill to amend Code Section 14-2-63 of the Official Code of Georgia Anno tated, relating to venue in actions against corporations, so as to provide that corporations may be sued for torts, wrongs, and injuries in the county where the cause of action originated.

The Speaker has appointed on the part of the House:
Representatives Groover of the 99th, Evans of the 84th and Chambless of the 133rd.

The House has agreed to the Senate amendment to the following bill of the House:

HB 1156. By Representatives Evans of the 84th and Walker of the 115th:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated.

The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House:

THURSDAY, FEBRUARY 2, 1984

845

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.

The House has adopted by the requisite constitutional majority the following reso lutions of the House:

HR 664. By Representative Williams of the 6th:
A resolution recognizing the 100th anniversary of CrownAmerica, Inc., in the State of Georgia.

HR 471. By Representatives White of the 62nd, Morton of the 47th, Goodwin of the 63rd and others:
A resolution urging the United States Congress to undertake needed re forms in practices and procedures relative to appeals in criminal cases.

The House has adopted, by substitute, by the requisite constitutional majority the following resolution of the Senate:

SR 274. By Senators Turner of the 8th, Coverdell of the 40th, Trulock of the 10th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly by law to change previously existing retirement or pension laws of this state to revise the provisions of said laws relating to retirement or pension benefits based on involuntary separation from employ ment as applied to present members of public retirement or pension systems.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 372. By Senators Scott of the 43rd, Bond of the 39th, Tate of the 38th and others:
A bill to amend Code Section 1-4-1 of the Official Code of Georgia Anno tated, relating to legal holidays, so as to provide that the birthday of Martin Luther King, Jr. shall be a legal holiday.

The House has passed by the requisite constitutional majority the following bill of the Senate:

846

JOURNAL OF THE SENATE

SB 421. By Senator Timmons of the llth:
A bill to provide that the judge of the Probate Court of Calhoun County shall become the chief magistrate of the Magistrate Court of Calhoun County on a certain date; to provide for the compensation of said officer; to repeal conflicting laws.

The House has adopted by the requisite constitutional majority the following reso lutions of the Senate:

SR 350. By Senator Holloway of the 12th: A resolution recognizing and commending Sheriff Lamar Stewart, Sr.

SR 351. By Senator Holloway of the 12th: A resolution recognizing and commending Mr. H. Holcombe Perry, Jr.

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 509. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-12 of the Official Code of Georgia Anno tated, relating to the licensing and inspection of private and public child welfare agencies and facilities, so as to change the provisions relating to the inspection and licensing of family day-care homes and group day-care homes.
Referred to Committee on Children and Youth.

SB 510. By Senator Phillips of the 9th:
A bill to amend an Act creating the Gwinnett Judicial Circuit, as amended, so as to change certain provisions relating to grand juries.
Referred to Committee on Judiciary and Constitutional Law.

SB 511. By Senators Allgood of the 22nd and Lester of the 23rd:
A bill to amend Part 1 of Article 12 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding trover, so as to provide a simplified procedure for the recovery of personal property wrong fully held by another person.
Referred to Committee on Judiciary.

SB 512. By Senators Bond of the 39th and Scott of the 36th:
A bill to amend Code Section 21-2-221 of the Official Code of Georgia An notated, relating to application for voter registration, so as to authorize post card registration in any county of this state having a population of 550,000

THURSDAY, FEBRUARY 2, 1984

847

or more according to the United States decennial census of 1980 or any future such census.
Referred to Committee on Governmental Operations.

SR 357. By Senator Coverdell of the 40th:
A resolution creating the Senate County and Municipal Grant Study Committee.
Referred to Committee on Federal, State and Community Affairs (General).

The following bills and resolution of the House were read the first time and re ferred to committees:

HB 912. By Representative Bray of the 91st:
A bill to amend Article 1, of Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of domestic wills, so as to change the periods of time within which probate in common form becomes conclusive upon all parties in interest.
Referred to Committee on Judiciary and Constitutional Law.

HB 957. By Representatives Thompson, Wilson, Burruss, and Lawler of the 20th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia An notated, relating to county boards of equalization, so as to change the time period for the filing of a notice of appeal.
Referred to Committee on Banking and Finance.

HB 985. By Representatives Chambless of the 133rd, Davis of the 45th and Steinberg of the 46th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to comprehensively revise the laws relating to notaries public.
Referred to Committee on Judiciary and Constitutional Law.

HB 1091. By Representatives Lawler of the 20th, Coleman of the 118th and Cooper of the 20th:
A bill to amend Code Section 15-16-20 of the Official Code of Georgia An notated, relating to sheriff's minimum salaries and operating expenses, so as to provide for a vehicle allowance.
Referred to Committee on Governmental Operations.

848

JOURNAL OF THE SENATE

HB 1108. By Representatives Thomas of the 69th, Jackson of the 83rd and Murphy of the 18th:
A bill to amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions in general, so as to provide that if the Attorney General elects not to appeal from a judgment in favor of the petitioner in a habeas corpus proceeding instituted by or on behalf of a felony inmate then the Attorney General shall give notice of his decision to the district attorney who prosecuted the inmate.
Referred to Committee on Judiciary.

HB 1180. By Representative Selman of the 32nd:
A bill to amend an Act entitled "An Act to Provide in Fulton County a System for Pension and Retirement Pay to the Teachers and Employees of the Board of Education of Fulton County; and for other purposes.", so as to provide for a change in the method of selection and membership of the Pen sion Board of the Fulton County School Employees Pension System.
Referred to Committee on Retirement.

HB 1195. By Representative Rainey of the 135th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to include nutria among the nongame species that may be taken for certain purposes.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1200. By Representative Ramsey of the 3rd:
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 for suspension of a driver's license for conviction in another state of driving under the influence of alcohol or drugs.
Referred to Committee on Public Safety.

HB 1230. By Representatives Patten of the 149th, Murphy of the 18th, Beck of the 148th and others: A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to change the provisions relating to ex emptions from jury duty.
Senator Brannon of the 51st moved that HB 1230 be engrossed.
On the motion, the yeas were 5, nays 24; the motion was lost, and HB 1230 was not engrossed.
Referred to Committee on Judiciary and Constitutional Law.

THURSDAY, FEBRUARY 2, 1984

849

HB 1235. By Representatives Bargeron of the 108th, Godbee of the 110th, Ray of the 98th and others:
A bill to amend Code Section 49-4-142 of the Official Code of Georgia An notated, relating to the Department of Medical Assistance and the state plan for Medical Assistance and the Department of Human Resources to modify the state plan and any relevant rules and regulations so as to allow supplementation for private rooms and private sitters for recipients in nurs ing homes.
Referred to Committee on Human Resources.

HB 1292. By Representatives Adams of the 36th, Isakson of the 21st and Lambert of the 66th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, so as to provide for the licensing of low-voltage contracting.
Referred to Committee on Industry and Labor.

HB 1308. By Representatives Phillips of the 120th and Dobbs of the 74th:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, relating to waste management, so as to provide immunity for provid ing assistance and advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1255. By Representative Hudson of the 117th:
A bill to amend an Act fixing the salaries of certain county officers of Bleckley County, so as to change the provisions relative to the compensation of the Judge of the Probate Court of Bleckley County.
Referred to Committee on Federal, State and Community Affairs.

HB 1256. By Representative Hudson of the 117th:
A bill to amend an Act placing the sheriff of Bleckley County upon an an nual salary, so as to change the provisions relative to the compensation of the sheriff.
Referred to Committee on Federal, State and Community Affairs.

HB 1257. By Representative Hudson of the 117th:
A bill to amend an Act creating the office of tax commissioner of Bleckley County, so as to change the provisions relative to the compensation of the tax commissioner.
Referred to Committee on Federal, State and Community Affairs.

850

JOURNAL OF THE SENATE

HB 1287. By Representative Hudson of the 117th:
A bill to amend an Act placing the clerk of the superior court of Bleckley County upon an annual salary, so as to change the provisions relative to the compensation of said officer.
Referred to Committee on Federal, State and Community Affairs.

HB 1288. By Representative Hudson of the 117th:
A bill to amend an Act creating the office of commissioner of Bleckley County, so as to change the provisions relating to the compensation of the commissioner.
Referred to Committee on Federal, State and Community Affairs.

HB 1348. By Representative Reaves of the 147th:
A bill to amend an Act creating the board of commissioners of Brooks County, so as to reconstitute the membership of the board of commissioners.
Referred to Committee on Federal, State and Community Affairs.

HB 1349. By Representative Reaves of the 147th:
A bill to abolish the method of compensating the clerk of the superior court of Brooks County known as the fee system; to provide in lieu thereof for an annual salary.
Referred to Committee on Federal, State and Community Affairs.

HB 1350. By Representative Reaves of the 147th:
A bill to provide for reapportionment of the board of education of Brooks County.
Referred to Committee on Federal, State and Community Affairs.

HB 1313. By Representatives Walker of the 115th, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to change the definition of transacting business.
Referred to Committee on Governmental Operations.

HR 471. By Representatives White of the 62nd, Morton of the 47th, Goodwin of the 63rd and others:
A resolution urging the United States Congress to undertake needed re forms in practices and procedures relating to appeals in criminal cases.
Referred to Committee on Judiciary.

THURSDAY, FEBRUARY 2, 1984

851

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Banking and Finance has had under consideration the follow ing bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 378. HB 871. HB 989.

Do pass as amended. Do pass. Do pass as amended.

Respectfully submitted,

Senator Lester of the 23rd District, Chairman

Mr. President:

The Committee on Economic Development and Tourism has had under considera tion the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 213. SB 444. SR 303.

Do pass by substitute. Do pass by substitute. Do pass.

HB 872. Do pass. HB 883. Do pass.

Respectfully submitted,

Senator Brown of the 47th District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 488. SB 504. HB 815.

Do pass. Do pass by substitute. Do pass by substitute.

Respectfully submitted,

Senator Foster of the 50th District, Chairman

852

JOURNAL OF THE SENATE

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 492. Do pass. SB 494. Do pass by substitute. SB 495. Do pass. SB 500. Do pass. SB 502. Do pass.

HB 1194. HB 1272. HB 1275. HB 1306. HB 1310.

Do pass by substitute. 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 bills of the House and Senate and has instructed me to report the same back to the Senate with
the following recommendations:

HB 1106. HB 950. HB 998. HB 390.

Do pass. Do pass. Do pass. Do pass.

HB 431. HB 1111. SB 408. SB 432.

Do pass. 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 bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 984. 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 bills and resolution of the Senate and House and has instructed me to report the same back
to the Senate with the following recommendations:

THURSDAY, FEBRUARY 2, 1984

853

SB 362. Do not pass. SB 477. Do pass. SR 326. Do pass.

HB 952. Do pass. HB 1Q46. Do pass.

Respectfully submitted,

Senator Timmons of the llth District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the fol lowing recommendation:
SR 352. Do pass.
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 28. By Senator Lester of the 23rd:
A bill to amend Code Section 37-3-102 of the Official Code of Georgia An notated, relating to the transfer of patients to the custody of federal agencies for diagnosis, care, or treatment, so as to direct the department to transfer patients eligible for hospital care or treatment by the United States Veter ans' Administration or any other federal agency directly to the custody of the nearest such agency for diagnosis, care, or treatment.

SB 319. By Senator Garner of the 30th:
A bill to amend Article I 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 the transfer of property belonging to a patient which is in the possession of a hospital.

SB 339. By Senator Coverdell of the 40th:
A bill to amend Code Section 51-1-18 of the Official Code of Georgia Anno tated, relating to furnishing alcoholic beverages or gambling with underage or minor children, so as to provide that a parent shall have a right of action against a person who sells or furnishes alcoholic beverages to the parent's underage child for the child's use without the parent's permission.

854

JOURNAL OF THE SENATE

SB 374. By Senator Hudgins of the 15th:
A bill to amend Chapter 5 of Title 30 of the Official Code of Georgia Anno tated, relating to the protection of disabled adults, so as to change the provi sions relative to reporting of need for protective services.

SB 387. By Senators Holloway of the 12th, Barker of the 18th and Cobb of the 28th:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change the quantities of alcoholic beverages an individual may possess and transport in this state upon which taxes have not been paid.

SB 401. By Senator Engram of the 34th:
A bill 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.

SB 430. By Senators Bryant of the 3rd and Kennedy of the 4th:
A bill to amend Code Section 31-3-4 of the Official Code of Georgia Anno tated, relating to powers of county boards of health, so as to authorize county boards of health to provide environmental health services and to charge and collect environmental health service fees.

SB 454. By Senator Howard of the 42nd:
A bill to amend Chapter 42 of Title 43 of the Official Code of Georgia Annotated, relating to registered professional sanitarians, so as to require completion of a continuing professional education program as a prerequisite for renewal of a license.

SB 455. By Senator Howard of the 42nd:
A bill to amend Code Section 37-7-166 of the Official Code of Georgia An notated, relating to maintenance, confidentiality, and release of clinical records, so as to change certain conditions regarding the release of clinical records.

SB 473. By Senator Barker of the 18th:
A bill to amend Code Section 31-7-11 of the Official Code of Georgia Anno tated, relating to personal care homes, as enacted by an Act approved March 29, 1983, and redesignated as Code Section 31-7-12 by HB 1155 at the 1984 regular session, so as to change a definition.

SB 482. By Senator Bryant of the 3rd:
A bill to amend Code Section 27-4-112 of the Official Code of Georgia An notated, relating to the methods of taking fish, crustaceans, or mollusks gen erally, so as to change the areas where certain seines may be used.

THURSDAY, FEBRUARY 2, 1984

855

SR 341. By Senators Greene of the 26th, Cobb of the 28th, Harris of the 27th and others:
A resolution urging the law enforcement agencies of this state to increase their enforcement of laws relative to the safety of motor vehicles.

SR 344. By Senator English of the 21st:
A resolution to amend an Act authorizing the conveyance of certain real property located in Jenkins County to the City of Millen, so as to change the terms and conditions of said conveyance.

HB 309. By Representative Birdsong of the 94th:
A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Anno tated, relating to adoption, so as to provide for the Department of Human Resources to have access to its records in special circumstances without a court order.

HB 594. By Representative Lambert of the 66th:
A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding landlord and tenant, so as to provide for the preemption by the state of the power to control the amount of rent to be charged for single-family or multiple-unit residential property.

HB 884. By Representatives Adams of the 16th, Childers of the 15th, McKelvey of the 15th and others:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to licensing of auctioneers, so as to make it unlawful for a licensed auctioneer to engage in the practice of auctioning real property un less such auctioneer is licensed as a real estate broker, associate broker, or salesperson.

HB 914. By Representative Bray of the 91st:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to auctioneers, so as to change the termination date of the Georgia Auctioneers Commission.

HB 968. By Representatives Beck of the 148th and Patten of the 149th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to counties in general, so as to authorize counties to provide punishments for violations of ordinances prohibiting, regulating, or taxing fortunetelling and similar practices.

856

JOURNAL OF THE SENATE

HB 1027. By Representatives Hooks of the 116th, Chambless of the 133rd, Cox of the 141st and Auten of the 156th:
A bill to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to physician's assistants, generally, so as to require that an application for approval to use a physician's assistant shall include evi dence that the person who is to be used as a physician's assistant has achieved a satisfactory score on an appropriate examination outlined, ap proved, or administered by the Composite State Board of Medical Examiners.

HB 1042. By Representative Parham of the 105th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to delete from and add to the listing of certain controlled substances.

HB 1062. By Representatives Phillips of the 120th, Ginsberg of the 122nd, Godbee of the 110th and Lane of the lllth:
A bill to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to extend the termination date of the board.

HB 1138. By Representatives Kilgore of the 42nd, Crosby of the 150th, Groover of the 99th and others:
A bill to amend Code Section 48-3-12 of the Official Code of Georgia Anno tated, relating to issuance of garnishments by tax collectors and tax commis sioners and proceedings thereon, so as to provide that the tax execution shall be returned to the appropriate court.

HB 1153. 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 of 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.

HR 443. By Representative Richardson of the 52nd:
A resolution creating the Medical Radiation Health and Safety Study Committee.

HR 504. By Representatives Williams and Foster of the 6th:
A resolution authorizing the conveyance of certain state owned property to the City of Dalton, Georgia.

THURSDAY, FEBRUARY 2, 1984

857

The following local, uncontested bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 481. By Senators Scott of the 2nd, Coleman of the 1st and Bryant of the 3rd:
A bill to provide for the appointment of the clerk of the State Court of Chatham County by a majority vote of the judges of the superior courts of the Eastern Judicial Circuit and the judges of said state court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 486. By Senator Foster of the 50th:
A bill to provide for authority; to continue in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1982 general election, and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, which amendment re quires the Board of Education of the Rabun County School District to im pose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by the Rabun County School District on and after January 1, 1984.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 490. By Senators Garner of the 30th and Engrain of the 34th:
A bill to amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, as amended, so as to change the compensation of the coroner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

858

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.

HB 680. By Representative Murphy of the 18th: A bill to provide for a supplemental expense allowance for the district attor ney otf thne Tlaallllaapoosa Judicial Circuit; to provviiddee for the payment of such allowance byv the counties comporisinge the circuit.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1238. By Representatives Dover and Irvin of the llth:
A bill to provide for authority; to continue in force and effect as a part of the Constitution of the State of Georgia ratified in 1982 that constitutional amendment which was proposed by Resolution Act No. 140 enacted at the 1982 Session of the General Assembly and which was duly ratified at the 1982 general election and which relates to a 1 percent sales and use tax for educational purposes in Habersham County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1245. By Representatives Crawford of the 5th and Oliver and Hays of the 1st: A bill to provide for election of members to the Dade County board of edu cation; to provide for five education districts.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 2, 1984

859

HB 1246. By Representatives Crawford of the 5th and Hays and Oliver of the 1st: A bill to create a board of commissioners of Dade County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1248. 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 composition of districts from which members 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1252. By Representatives Hasty and Anderson of the 8th and Barnett of the 10th:
A bill to provide that the successor to the Cherokee County school superin tendent shall be appointed by vote of the board of education to serve at the pleasure 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1254. By Representative Auten of the 156th:
A bill to amend an Act providing for the holding of four terms each year of the Superior Court of Mclntosh County, so as to provide for the drawing of grand juries and the length of terms of said grand juries.

860

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 49, the nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1261. By Representatives Hirsch of the 96th, Buck of the 95th, Galer of the 97th and others:
A bill to amend an Act providing a charter for the county-wide government of Columbus, so as to change certain provisions regarding the appointment of clerks and clerks pro tempore of the recorder's court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1263. By Representatives Hirsch of the 96th, Buck of the 95th, Galer of the 97th and others:
A bill to amend an Act providing a charter for the county-wide government of Columbus, so as to change certain requirements regarding the member ship of certain boards, commissions and authorities.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1268. By Representative Phillips of the 120th: A bill to make provisions for the Magistrate Court of Montgomery County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

THURSDAY, FEBRUARY 2, 1984

861

The bill, having received the requisite constitutional majority, was passed.

HB 1269. By Representative Rainey of the 135th:
A bill to amend an Act creating a board of commissioners for Crisp County, so as to change the provisions relating to the compensation of the commissioners.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1282. By Representatives Kilgore of the 42nd, Watts of the 41st and Johnson of the 70th:
A bill to amend an Act creating the board of commissioners of Douglas County, so as to change the compensation of the chairman of the board of commissioners.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1283. By Representatives Kilgore of the 42nd, Watts of the 41st and Johnson of the 70th:
A bill to amend an Act creating a Magistrate's Court of Douglas County, so as to provide for the Magistrate Court 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

862

JOURNAL OF THE SENATE

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, 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 Coggin Coleman Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Lester

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Tysinger Walker

Those not answering were Senators:

Bond Burton Coverdell Dawkins

Hill Hudgins Kennedy (presiding) Land

Reddish Scott of 36th Trulock

Senator Kidd of the 25th introduced the chaplain of the day, Reverend John L. Brown, of Milledgeville, Georgia, who offered scripture reading and prayer.

The following resolution of the House was read and adopted:

HR 664. By Representatives Williams of the 6th, Ramsey of the 3rd, Foster of the 6th and Beck of the 148th:
A resolution recognizing the 100th anniversary of Crown America, Inc., in the State of Georgia.

Senator Garner of the 30th moved that the following bill of the Senate be with drawn from the Senate Committee on Human Resources and committed to the Senate Committee on Governmental Operations:

SB 501. By Senators Garner of the 30th and Brannon of the 51st:
A bill to amend Code Section 31-10-15 of the Official Code of Georgia An notated, relating to the filing of death certificates and medical certification, so as to change the provisions relating to the filing of certificates of death.

THURSDAY, FEBRUARY 2, 1984

863

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 501 was withdrawn from the Senate Committee on Human Resources and committed to the
Senate Committee on Governmental Operations.

SENATE RULES CALENDAR

Thursday, February 2, 1984

TWENTY-FIFTH LEGISLATIVE DAY

SB 373 SB 457 SB 465 SB 469 SB 478 SB 480 SR 327 SR 332 SR 333 HB 571 HB 706 HB 960 HB 977 HB 995 HB 1102 HB 1103 HB 1152 HB 1232 HR 522

Canned Soft Drink with Pop-Top--unlawful to sell (C Aff--23rd)
Prisoners of War--not more than two free license plates (D & VA--48th)
Board of Registered Professional Sanitarians--change composition (Gov Op--52nd)
Alcoholic Beverage Sale on Sunday--provisions on stadiums, colise ums (C Aff--40th)
Alcoholic Beverage Code--redefine "malt beverage" and "wine" (C Aff--35th)
Conflicts of Interest--redefine "transacting business" (AMEND MENT) (Gov Op--33rd)
Members of Congress--provisions for compensation (Gov Op--40th)
Medicaid--urge Congress to legislate increase for blind, disabled (SUBSTITUTE) (Gov Op--25th)
Medicaid--urge Congress to legislate increase for blind, disabled (SUBSTITUTE) (Gov Op--25th)
Litter Control Law--post cash bond or driver's license for violation (Trns--7th)
Sheriffs--qualifications and eligibility to hold office (Gov Op--25th)
Certain Campaign Financial Disclosure Reports--file with election superintendent (SUBSTITUTE) (Gov Op--25th)
Sheriffs' Retirement Fund Board of Commissioners--composition (AMENDMENT) (Ret--8th)
Board of Dispensing Opticians--continue but later terminate (Gov Op--25th)
Professional Services Fees Paid by State Agencies--copies of state ments (Gov Op--25th)
Board of Architects--applicant qualifications (Gov Op--25th)
Part-Time Public Officials--may buy certain surplus property (Gov Op--33rd)
Registered Animal Technicians--change provisions on examination exemptions (Ag--24th)
MARTA--change provisions on repeal of resolution creating (Trns--1st)

864

JOURNAL OF THE SENATE

SB 446

Annexation--define municipal corporation (Gov Op--37th)
Respectfully submitted, /s/ Holloway of the 12th, Chairman
Senate Rules Committee

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 373. By Senator Lester of the 23rd:
A bill to amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to damage and intrusion upon prop erty, so as to provide that it shall be unlawful for any wholesale distributor or retailer to sell or offer for sale any carbonated soft drink or malt beverage in a metal container which includes a part which must be detached to open the container.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Broun of 46th Brown of 47th Bryant Burton
Cobb Coggin
Coleman Dawkins Deal Dean English

Engram Fincher
Foster Garner Gillis Greene Harris Harrison
Hine Holloway
Horton Howard Hudgins Huggins Land

Lester McGill
McKenzie Perry Phillips Reddish ,-, ,, f ,,-, A Scott of 43rd
^tarr , , Stumbaugh
Tate Thompson Trulock Turner Walker

Those voting in the negative were Senators:

Brannon Brantley

Kidd Peevy

Scott of 2nd

THURSDAY, FEBRUARY 2, 1984

865

Those not voting were Senators:

Bowen
Coverdell Hill

Kennedy (presiding) Scott of 36th

Timmons Tysinger

On the passage of the bill, the yeas were 44, nays 5.
The bill, having received the requisite constitutional majority, was passed.
Senator Lester of the 23rd moved that SB 373 be immediately transmitted to the House.
On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 373 was immediately transmitted to the House.
The following resolution of the Senate was read and adopted:

SR 358. By Senator Phillips of the 9th:
A resolution congratulating Ms. Kay S. Harvey for being named the 1984 Georgia Teacher of the Year.
Senator Phillips of the 9th introduced to the Senate Ms. Kay S. Harvey, 1984 Georgia Teacher of the Year.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 372. By Senators Scott of the 43rd, Bond of the 39th, Tate of the 38th and others:
A bill to amend Code Section 1-4-1 of the Official Code of Georgia Anno tated, relating to legal holidays, so as to provide that the birthday of Martin Luther King, Jr shall be a legal holiday.
The House substitute to SB 372 was as follows:
A BILL
To be entitled an Act to amend Code Section 1-4-1 of the Official Code of Georgia Annotated, relating to public and legal holidays, so as to provide for the designation of certain days as public and legal holidays; to provide procedures for determining how the state shall treat such days and dates; to provide a procedure for observing other days; to provide for other matters relative to the foregoing; to provide a legislative purpose; to provide an effec tive date; to repeal conflicting laws; and for other purposes.

866

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 1-4-1 of the Official Code of Georgia Anno tated, relating to public and legal holidays, is amended by striking in its entirety said Code section, which reads as follows:
"1-4-1. (a) The following days are declared to be public and legal holidays in Georgia:
(1) January 1, known as New Year's Day;
(2) January 19, known as Lee's Birthday;
(3) The third Monday in February, known as Washington's Birthday;
(4) April 26, known as Confederate Memorial Day;
(5) The last Monday in May, known as National Memorial Day;
(6) June 3, known as Jefferson Davis's Birthday;
(7) July 4, known as Independence Day;
(8) The first Monday in September, known as Labor Day;
(9) The second Monday in October, known as Columbus Day;
(10) November 11, known as Veterans' Day;
(11) The fourth Thursday in November, known as Thanksgiving Day;
(12) December 25, known as Christmas Day; and
(13) Any day proclaimed or designated by the Governor of this state or the President of the United States as a day of fasting and prayer or other religious observance.
(b) Whenever a public and legal holiday occurs on a Saturday, the preceding Friday shall be observed as a public and legal holiday. When ever a public and legal holiday occurs on a Sunday, the following Mon day shall be observed as a public and legal holiday.
(c) Employees of departments and agencies covered by the state merit system shall, upon request to their appointing authority or his designee, at least seven days in advance, be given priority consideration for time away from work for observance of religious holidays not otherwise provided herein. Any paid leave time for such religious holiday obser vance shall be charged to accrued compensatory leave or accrued annual leave credits available to the employee at the time of the holiday obser vance. No employee may claim priority consideration for more than three work days each calendar year. A request by an employee for time away from work to observe a religious holiday shall not be denied unless the employee has inadequate accrued compensatory or annual leave credits to cover such period of absence or the duties performed by the employee

THURSDAY, FEBRUARY 2, 1984

867

are urgently required and the employee is the only person available who can perform the duties as determined by the appointing authority or his designee.",
and inserting in lieu thereof a new Code Section 1-4-1 to read as follows:
"1-4-1. (a) The State of Georgia shall recognize and observe as pub lic and legal holidays:
(1) All days which have been designated as of January 1, 1984, as public and legal holidays by the federal government; and
(2) All other days designated and proclaimed by the Governor as public and legal holidays or as days of fasting and prayer or other reli gious observance. In such designation the Governor shall include at least one of the following dates: January 19, April 26, or June 3, or a suitable date in lieu thereof to commemorate the event or events now observed by such dates.
(b) The Governor shall close all state offices and facilities a mini mum of 12 days throughout the year and not more than 12 days in obser vance of the public and legal holidays and other days set forth in subsec tion (a) of this Code section and shall specify the days state offices and facilities shall be closed for such observances.
(c) Employees of any state department or agency or of any other department or agency covered by the state merit system shall, upon re quest to their appointing authority or his designee at least seven days in advance, be given priority consideration for time away from work for observance of religious holy days not otherwise provided for in this Code section. Any paid leave time for such religious holy day observance shall be charged to accrued compensatory leave or accrued annual leave cred its available to the employee at the time of the holy day observance. No employee may claim priority consideration for more than three work days each calendar year. A request by an employee for time away from work to observe a religious holy day shall not be denied unless the em ployee has inadequate accrued compensatory or annual leave credits to cover such period of absence or the duties performed by the employee are urgently required and the employee is the only person available who can perform the duties as determined by the appointing authority or his des ignee. The State Personnel Board shall provide by rule and regulation a procedure to be followed by agencies and departments in the granting of such holy days for employees in the classified service of the state merit system. The employing department or agency shall provide the proce dures to be followed for all other employees."
Section 2. This Act shall become effective on December 31, 1984.
Section 3. 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 372 as amended by the following amendment:

868

JOURNAL OF THE SENATE

Amend the House substitute to SB 372 by striking line 9 through line 26 of Page 3 and inserting in lieu thereof the following:
"(1) All days which have been designated as of January 1, 1984, as public and legal holidays by the federal government;
(2) All other days designated and proclaimed by the Governor as public and legal holidays. In such designation the Governor shall include at least one of the following dates: January 19, April 26, or June 3 or a suitable date in lieu thereof to commemorate the event or events now observed by such dates; and
(3) Any day proclaimed or designated by the Governor of this state or the President of the United States as a day of fasting and prayer or other religious observance.
(b) The Governor shall close all state offices and facilities not more than 12 days throughout the year in observance of the public and legal holi days set forth in paragraph (1) and paragraph (2) of subsection (a) of this Code Section and shall specify the days state offices and facilities shall be closed for such observances."

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coggin Coleman Coverdell Dawkins

Dean English Engram
Garner Gillis
Greene Harris Harrison
Hine Holloway Horton
Howard Hudgins Kidd

Land McKenzie Peevy Perry Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Brannon Deal

Lester Phillips

Starr Thompson

Those not voting were Senators:

Burton Fincher Foster

Hill Huggins Kennedy (presiding)

McGill Timmons

THURSDAY, FEBRUARY 2, 1984

869

On the motion, the yeas were 42, nays 6; the motion prevailed, and the Senate agreed to the House substitute to SB 372 as amended by the Senate.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 457. By Senators Peevy of the 48th, Dawkins of the 45th, McKenzie of the 14th and others:
A bill to amend Code Section 40-2-71.1 of the Official Code of Georgia Annotated, relating to special license plates for former prisoners of war, so as to provide that certain veterans who have been prisoners of war shall be issued not more than two distinctive personalized license plates free of charge.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal Dean

English Engram Fincher Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land tester

McGill Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coverdell Foster

Hill Kennedy (presiding)

McKenzie Timmons

870

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.

SB 465. By Senator Hine of the 52nd:
A bill to amend Code Section 43-42-2 of the Official Code of Georgia Anno tated, relating to the creation of the Georgia Board of Registered Profes sional Sanitarians, so as to change the composition 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, 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 Gillis Harris Harrison Hine Holloway Horton Howard Hudgins Kidd Land Lester

McGill Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Garner Greene

Hill Huggins Kennedy (presiding)

McKenzie Timmons

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 2, 1984

871

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

HB 965. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1983-84, known as the "General Appropriations Act," so as to change the revenue estimate and certain appropriations for the State Fiscal Year 198384.

The Conference Committee report on HB 965 was as follows:
The Conference Committee on HB 965 recommends that both the Sen ate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 965 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Terrell A. Starr Senator, 44th District
/s/ Al Holloway Senator, 12th District
/s/ Thomas Allgood Senator, 22nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Lauren McDonald, Jr. Representative, 12th District
/s/ A. L. Burruss Representative, 20th District
/s/ L. L. Phillips Representative, 120th District

Conference Committee substitute to HB 965:

A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1983-84 known as the "General Appropriations Act," ap proved April 5, 1983 (Ga. L. 1983, p. 1603), so as to change the revenue estimate and certain appropriations for the State Fiscal Year 1983-84; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
An Act providing appropriations for the State Fiscal Year 1983-84, known as the "General Appropriations Act," approved April 5, 1983 (Ga. L. 1983, p. 1603), is amended by striking everything following the enacting clause, and by substituting in lieu thereof the following:

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"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1983, and ending June 30, 1984, as
prescribed hereinafter for such State Fiscal Year, from the General Funds of the State, including unappropriated surplus, reserves and a State fund revenue estimate of $3,935,000,000 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 ............................. $

16,198,297 16,198,297 16,198,297 16,198,297
16,198,297

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.

THURSDAY, FEBRUARY 2, 1984

873

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

6,033,562
6,217,892 6,217,892 5,683,562
350,000 350,000 350,000
6,217,892 350,000 28 165

PART II. JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court ......

2,783,268

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

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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 .............. $ 22,494,142

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 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, $488,744 is designated and committed for the Prosecuting Attorneys' Council for operations and $101,924 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

THURSDAY, FEBRUARY 2, 1984

875

Section 5. Court of Appeals.
Budget Unit: Court of Appeals .
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

3,104,662 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
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.

718,842 419,917 68,925
230,000 718,842 718,842
20

Section 7. Appellate Court Reports.
Budget Unit: Court Reports ............... $
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

193,100

Section 8. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission ........................... $
For the cost of operating the Judicial Qualifications Commission.
Total Positions Budgeted

50,471

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Section 9. Board of Court Reporting. Budget Unit: ............................ $

16,870

For the cost of operating the Board of Court Report ing.

Total Positions Budgeted

1

Section 10. Council of Juvenile Court Judges. Budget Unit: ............................ $

110,595

For the cost of operating the Council of Juvenile Court Judges.
Total Positions Budgeted

Section 11. Georgia Magistrate Courts Training Council.
Budget Unit: ............................ $

15,060

For the cost of operating the Georgia Magistrate Courts Training Council.
Total Positions Budgeted

Section 12. Georgia Judicial Administrative Dis tricts.
Budget Unit: ............................ $

523,028

For the cost of operating the Georgia Judicial Ad ministrative Districts.

It is the intent of this General Assembly that the funds appropriated herein to the Judicial Administrative Districts shall be budgeted to the ten districts by the Chairman of the Judicial Council.

Total Positions Budgeted

20

THURSDAY, FEBRUARY 2, 1984

877

PART III. EXECUTIVE BRANCH

Section 13. Department of Administrative Services.

A. Budget Unit: Department of Administrative Services ...............................$ 29,397,140

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 14,200
277,425 277,425
6

2. Departmental Administration Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Direct Payments to Georgia Building
Authority for Capital Outlay. ............ $ Direct Payments to Georgia
Building Authority for Operations ............................ $ Direct Payments to Georgia Building Authority for Authority Lease Rentals .... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

1,152,523 122,901 11,045 --0-- 11,000 1,283 23,000 231,927 21,354 --0--
100,000
177,369
850,000 2,702,402 2,702,402
42

3. Treasury and Fiscal Administration Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................. $

894,425 98,218
5,940

878

JOURNAL OF THE SENATE

Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Unemployment Compensation Reserve. ...... $ Public Safety Officers
Indemnification Fund ................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
4. Central Supply Administration Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ 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 ............... $

--0-- 9,400 1,196 5,776,013 79,189 17,599 --0-- 11,468
216,800 7,110,248 4,512,170
29
258,782 333,962
1,450
65,503
800 6,517,830
--0-- 7,178,327 7,178,327
--0-- 15
1,252,913 116,592 8,650 ---0-- 35,500 825 202,755 199,749 38,735 --0--
1,855,719 1,855,719
50
304,494 8,091

THURSDAY, FEBRUARY 2, 1984

879

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

6,550 --0-- 10,300
200 19,747 40,734 23,366 --0-- 413,482 413,482 --0--
11

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

267,908 8,066 4,000 --0-- 400 1,000 2,500 25,650 4,348 --0-- --0--
313,872 313,872
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

17,671,805 1,457,751
60,000 ---0-- 361,000 160,745 305,000 20,602,895 1,785,745 311,779
2,457,662 433,800
45,608,182 45,608,182 13,669,742
664

9. Motor Pool Services Budget:

Personal Services ......................... $ 398,502 Regular Operating Expenses ............... $ 1,485,671

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JOURNAL OF THE SENATE

Travel .................................. $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $
Computer Charges ....................... $ Real Estate Rentals ......................$ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $
Total Expenditures Authorized ............. $
State Funds Budgeted .................... $ Total Positions Budgeted

--0-- 279,500
--0-- 27,000
---0-- 720
--0-- 2,500 2,193,893
2,193,893
--0-- 23

10. Communication Services Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Telephone Billings ........................ $ Total Funds Budgeted .................... $ Total Expenditures Authorized ............. $ State Funds Budgeted .................... $ Total Positions Budgeted

2,618,649 378,762 11,000 68,770 58,770 56,000 164,606 193,463 385 30,000
29,101,171 32,681,576 32,681,576 6,000,000
109

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

1,498,336 1,528,187
115,000
158,209
400,000
3,699,732 3,699,732
--0-- 70

12. Surplus Property Services Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$

782,855 275,487 24,349

THURSDAY, FEBRUARY 2, 1984

881

Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Materials for Resale ...................... $ Per Diem, Fees and Contracts ............. $ Utilities. ................................ $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
13. Mail and Courier Services Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Materials for Resale ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ Total Expenditures Authorized ............. $ State Funds Budgeted .................... $ Total Positions Budgeted
14. Self-Insurance Services Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Materials for Resale ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ Total Expenditures Authorized ............. $ State Funds Budgeted .................... $ Total Positions Budgeted
15. Health Planning Review Board Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$

--0-- 17,500 3,600 1,500 6,000 13,758 25,000 12,000 27,512 1,189,561 --0--
40
170,557 118,877
10,000
1,660
11,997
313,091 313,091
--0-- 10
610,149 33,506 29,500 14,000 3,000 5,900 85,053 69,377 15,052 --0-- 20,000 885,537 885,537 --0--
24

882

JOURNAL OF THE SENATE

Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Per Diem, Fees and Contracts ............. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

65,810
65,810 65,810
0

Budget Unit Object Classes:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Rents and Maintenance Expense ........... $ Utilities................................. $ Unemployment Compensation
Reserve............................... $ Payments to DOAS Fiscal
Administration......................... $ 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

28,115,901 5,972,716
163,534 372,270 507,370 375,859 6,580,174 2,884,013 450,203 579,110 20,602,895 27,512
11,468
2,457,662
100,000
850,000
177,369 29,101,171 6,942,830
216,800 1,103 285

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:

THURSDAY, FEBRUARY 2, 1984

883

General Services ......................... $ Data Processing Service ................... $ Motor Pool Service ....................... $ Communication Services .................. $
Printing Services ......................... $ Total ...................................$

413,482 43,438,440 2,193,893 32,681,576
3,699,732 82,427,123

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 .... $

--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

11,794,652 3,003,425
4,000 18,140 62,000 86,053 --0-- 46,052 69,200 87,500 100,000 653,234 6,290,000
--0-- 22,214,256
--0-- 518

Budget Unit Object Classes:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........$

11,794,652 3,003,425
4,000 18,140

884

JOURNAL OF THE SENATE

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

62,000 86,053 --0-- 46,052
69,200 87,500 100,000
653,234 6,290,000

The Authority is authorized to increase the amount budgeted for Facilities Renovations and Repairs by such amounts as are approved for other Agencies or Authori ties of the State by the Office of Planning and Budget, and by such amounts as are received from other sources for renovations or repairs.
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..... $ 22,457,583

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

3,481,111 333,638 120,000 56,448 27,755 45,950 --0-- 2,553 43,834 11,584
4,122,873 3,645,606
167

2. Animal Industry Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $

1,260,749 124,318 40,000 44,072 9,000

THURSDAY, FEBRUARY 2, 1984

885

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
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 .................... $

400 --0-- --0-- 51,227 75,000
452,741
836,580
998,542 510,000 68,000 4,470,629 4,130,798
54
997,782 153,350 46,000
7,365 12,000 4,083 --0-- --0-- 39,180 27,000 60,000 1,346,760 1,341,760
40
1,924,227 739,107 11,000 14,640 6,000 9,900 --0-- --0-- 41,463 35,000 20,200
75,000 2,876,537

886

JOURNAL OF THE SENATE

State Funds Budgeted .................... $ Total Positions Budgeted
5. General Agricultural Field Forces Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
6. Internal Administration Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Contract--Federation of
Southern Cooperatives .................. $ Payments to Georgia Agrirama
Development Authority.................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
7. Information and Education Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Market Bulletin Postage .................. $ Total Funds Budgeted .................... $

64,145 106
2,199,194 107,674 171,200 70,532 4,000 2,000 --0-- 3,600 17,022 --0--
2,575,222 2,575,222
109
1,414,275 267,731 25,000 29,224 13,000 6,000 161,099 579,593 33,588 1,000
20,000
271,280 2,821,790 2,754,099
56
175,058 13,870
550 --0-- 401,960 1,550
6,781
526,000 1,125,769

THURSDAY, FEBRUARY 2, 1984

887

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 ............. $ 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

1,125,769 9
1,388,136 245,847 85,100 32,194 6,000 172,800
16,077
1,946,154 1,782,154
71
708,041 63,813 13,000 51,555
3,800 900
--0-- --0-- 19,679 1,500 862,288 862,288
27
3,282,856 125,889 160,000 51,555 7,000 12,520 --0-- 6,800 35,717 --0--
3,682,337 2,915,981
128

888

JOURNAL OF THE SENATE

11. Meat Inspection Budget:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

2,753,870 77,750 145,000 58,920 2,000 942 --0-- --0-- 20,212 118,970
3,177,664 1,259,761
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

192,970 3,700 4,000
200,670 8

Budget Unit Object Classes:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Market Bulletin Postage .................. $ Athens Veterinary Laboratory
Contract .............................. $ Tifton Veterinary Laboratory
Contract ..............................$ Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton, Douglas, Oakwood, Royston, Statesboro and Tifton ................... $ Veterinary Fees .......................... $

19,778,269 2,256,687
820,850 416,505 492,515 257,045 161,099 592,546 324,780 255,254 526,000
452,741
836,580
998,542 510,000

THURSDAY, FEBRUARY 2, 1984
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
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 Renovation, Construction, Repairs and Maintenance Projects at 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 testing fees for ex port swine and cattle only, which fees shall be reasonable.
B. Budget Unit: Georgia Agrirama Development Authority ............................. $
Georgia Agrirama Development Authority Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $

889 68,000 95,000 271,280 75,000 20,000
897 259
--0-- 438,282 98,930
6,275 9,265

890

JOURNAL OF THE SENATE

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

6,925 3,650 ---0-- --0-- 6,000 24,000 288,800 89,600 971,727 --0--
27
438,282 98,930 6,275 9,265 6,925 3,650 ---0-- --0-- 6,000 24,000 288,800 89,600
27 5

Provided, the Authority is hereby authorized to budget additional agency income for the purpose of pro viding a retirement plan for its employees.

Section 15. Department of Banking and Finance.
Budget Unit: Department of Banking and Finance ........................... $
Administration and Examination Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

3,509,087
2,910,325 145,297 252,000 --0-- 19,550 5,700 9,150 127,800 37,265 2,000
3,509,087 3,509,087
102

THURSDAY, FEBRUARY 2, 1984

891

Budget Unit Object Classes:
Personal Services ......................... $ Regular 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

2,910,325 145,297 252,000 --0-- 19,550 5,700 9,150 127,800 37,265 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 ........ $ 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 ...................... $

4,619,257
555,074 38,100 10,000
6,750
39,297 11,220 12,500 5,940 ---0--
1,244,025
50,000 10,000 335,000 2,317,906 2,249,287
18
710,411 22,275 39,250 --0-- 8,900
400 1,000 52,396

892

JOURNAL OF THE SENATE

Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Juvenile Justice
Grants (Federal) ....................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

20,650 23,925
1,000,000 1,879,207
815,440 24

3. Community and Economic Development Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Economic Development Grants ............. $ Community Development Block
Grants (Federal) ....................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

742,790 20,920 45,500 --0-- 9,000 350 --0-- 54,579 20,900 5,000 180,000
42,000,000 43,079,039
851,668 24

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 .............$ Appalachian Regional Commission
Assessment............................ $ Appalachian Regional Commission
Matching Grants ....................... $ Appalachian Regional Commission
Grants (Federal) ....................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

658,858 14,493 23,710 --0-- 15,950 --0-- 5,600 41,481 17,100 3,180
89,777
25,000
8,500,000 9,395,149
702,862 19

Budget Unit Object Classes:

Personal Services......................... $ 2,667,133

Regular Operating Expenses ............... $

95,788

THURSDAY, FEBRUARY 2, 1984

893

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 ............. $ 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

118,460 --0-- 40,600 750 6,600
187,753 69,870 44,605
5,940
1,244,025 335,000
50,000 10,000
25,000 180,000
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

894

JOURNAL OF THE SENATE

Budget Unit Object Classes:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ..... Rental Assistance Payments ....... Grants to Housing Sponsors ....... Total Positions Budgeted Authorized Motor Vehicles

1,900,951 219,738 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
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

6,031,984
549,221 98,537 6,109
7,000 1,000 128,304 114,189 21,893
926,253 906,253
20
1,084,042 67,891 5,683
95,000 --0-- 68,110 144,925 24,909 5,000 1,495,560 1,409,566
52

THURSDAY, FEBRUARY 2, 1984

895

3. Industrial Loans Regulation Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
4. Information and Enforcement Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ......................$ Telecommunications ...................... $ Per Diem, Fees and Contracts .............$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
5. Fire Safety and Mobile Home Regulation Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services......................... $ Regular Operating Expenses ............... $

375,212 20,572 14,810 24,000 5,000
1,000 --0-- 19,871 7,000 --0-- 467,465 467,465
13
1,055,612 40,202 19,778 16,000 4,366 1,200 --0-- 119,288 32,826 500
1,289,772 1,289,772
45
1,971,642 112,798 126,150 32,000 14,000 2,172 --0-- 71,052 20,299 9,000
2,359,113 1,958,928
105
5,035,729 340,000

896

JOURNAL OF THE SENATE

Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ...............
Real Estate Rentals .............. Telecommunications ..............
Per Diem, Fees and Contracts ..... Total Positions Budgeted Authorized Motor Vehicles

172,530
72,000
125,366 5,372
196,414 469,325 106,927
14,500 235 57

Section 18. Department of Defense.

Budget Unit: Department of Defense.

$

1. Office of the Adjutant General Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Military Assistance to
Safety and Traffic Grant ................ $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

2. Georgia Emergency Management Agency Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ 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 ...................... $

3,082,932
718,984 22,293 5,580 10,000 3,500
400 --0-- --0-- 2,065 10,000
--0-- 772,822 694,204
21
936,203 114,449 29,000
--0-- 20,900
1,095 --0-- 5,960 40,150 60,240 22,900 40,000
40,000
--0--

THURSDAY, FEBRUARY 2, 1984

897

Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
3. Georgia Air National Guard Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel .................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
4. Georgia Army National Guard Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Capital Outlay........................... $ Georgia Military Institute Grant ........... $ Grants to National Guard Units. ........... $ Repairs and Renovations .................. $ Total Funds Budgeted .................... $ 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 ....................... $

1,310,897 498,033 36
1,207,866 299,130 300
850
678,669
2,186,815 297,720 56
1,672,881 609,315 3,250 ---0-- 16,300 17,000 --0-- --0-- 24,000 9,500 567,700 996,416 18,000 411,000 85,000
4,430,362 1,592,975
84
4,535,934 1,045,187
38,130 10,000 41,550 18,495 ---Q--

898

JOURNAL OF THE SENATE

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

5,960 66,215 79,740 1,269,269
--0-- 411,000
18,000 40,000 996,416
40,000

Section 19. State Board of Education-- Department of Education.

A. Budget Unit: Department of Education ............................ $1,477,602,570

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

4,418,446 756,798 291,845 --0-- 144,885 13,150 372,483 115,640 91,604 3,575
6,208,426 51,000
3,549,502 165

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 .................... $

286,799 25,350 3,395 --0-- 11,600 3,625 ---0-- 5,570 455,520 791,859

THURSDAY, FEBRUARY 2, 1984

899

State Funds Budgeted ...... Total Positions Budgeted
3. Vocational Education Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities................................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
4. Public Library Services Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Publications and Printing .................. $ Equipment Purchases ..................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities................................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
5. State Administration Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
6. Administrative Services Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $

779,359 2
2,830,496 264,612 202,126 --0-- 58,971 13,140 294,845 91,999
1,491,776 14,275
5,262,240 2,040,137
93
850,376 204,571
14,800 13,180 --0-- 124,000 37,320 130,000 14,510 1,388,757 744,623
41
1,010,802 298,709 57,500 6,500 8,626 4,522 181,287 27,920 271,950
1,867,816 1,427,265
31
5,001,316 302,191 242,315 --0--

900

JOURNAL OF THE SENATE

Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted
7. Certification of Public School Personnel Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
8. Planning and Development Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds 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 ...................... $

198,610 35,073 1,012,221 660,374 115,000 1,060,489 7,645 8,635,234 289,000 4,518,950
198
575,775 29,227
1,390 --0-- 4,650 1,825
17,525
630,392 617,544
29
2,164,752 81,420 88,761 --0-- 75,650 7,750 333,343 55,475
1,211,309 4,018,460 3,258,827
68
63,087 7,560 2,000 6,000 --0-- 5,900 3,500

THURSDAY, FEBRUARY 2, 1984

901

Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

38,229 126,276 126,276
2

10. Vocational Advisory Council Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

69,176 15,010 4,825 --0-- 10,000 6,700 --0-- 8,000 3,585 35,000 152,296 --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 17,640 9,200 1,500 --0-- --0-- 25,140 5,930 46,102
365,397 365,397
7

12. Local Programs Budget:

APEG Grants:

Salaries of Instructional Personnel Code Section 20-2-157(a).
Salaries of Instructional Personnel Code Section 20-2-152 .. .
Salaries of Instructional Personnel Code Section 20-2-153 ...
Salaries of Student Supportive Personnel..............
Salaries of Administrative and Supervisory Personnel .........
Special Education Leadership Personnel .............

$ 610,903,307 $ 107,227,240 $ 26,400,041 $ 25,824,761 $ 72,091,943 $ 3,389,518

902

JOURNAL OF THE SENATE

Instructional Media..................... $ Instructional Equipment................. $ Maintenance and Operation.............. $
Sick and Personal Leave ................ $ Travel ................................$ Pupil Transportation .................... $
Isolated Schools ........................ $ Mid-Term Adjustment .................. $

20,051,949 688,381
94,228,859
5,569,986 1,009,626 85,482,757
541,872 ---0--

Non-APEG Grants:

Education of Children of

Low-Income Families ................. $ 91,786,680

Teacher Retirement .................... $ 114,871,213

Instructional Services for

the Handicapped ..................... $ 22,786,835

Preparation of Professional

Personnel in Education

of Handicapped Children .............. $

43,775

Tuition for the Multi-handicapped ........ $ 1,172,000

Severely Emotionally Disturbed .......... $ 16,431,023

Compensatory Education ................ $ 16,670,810

School Lunch (Federal) ................. $ 78,851,316

School Lunch (State) ................... $ 17,415,469

Supplemental Educational

Centers and Services.................. $

38,018

Staff Development...................... $ 716,448

Supervision and Assessment

of Students and Beginning

Teachers and Performance

Based Certification ................... $ 3,647,090

Cooperative Educational

Service Agencies ..................... $ 3,944,471

Superintendents' Salaries ................ $ 5,169,884

High School Program ................... $ 28,470,079

Area Vocational-Technical

Schools ............................. $ 55,430,784

Career Education ...................... $

24,511

Junior College Vocational

Program ............................ $ 1,746,433

Transportation Program

for Refugee Children ................. $

2,301

Quick Start Program ................... $ 3,060,000

Nutrition Education .................... $

4,612

Comprehensive Employment

and Training ........................ $ 2,290,000

Special Projects Grant .................. $ 161,500

Vocational Research and

Curriculum.......................... $ 366,539

Adult Education ....................... $ 3,151,377

Salaries and Travel of

Public Librarians..................... $ 4,553,620

Public Library Materials ................ $ 3,232,625

Talking Book Centers ................... $ 684,527

THURSDAY, FEBRUARY 2, 1984

903

Public Library Maintenance

and Operation ....................... $ 2,714,607

Public Library Construction ............. $ 441,995

Instructional Aides ..................... $ 9,827,481

Teacher Health Insurance ............... $ 36,791,652

Teacher Health Insurance--

Retired Teachers ..................... $ 6,204,000

Capital Outlay......................... $ 220,000

Grants to Local School

Systems for Educational

Purposes ............................ $ 78,000,000

Salaries of Extended

Pre-School Personnel.................. $ 12,531,454

Chapter II--Block Grant

Flow Through ....................... $ 9,129,445

Child Care Lunch

Program ............................ $ 1,000,000

Total Funds Budgeted .................... $1,686,994,814

State Funds Budgeted .................... $1,460,174,690

Total Positions Budgeted

0

Budget Unit Object Classes:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$

17,521,100 1,995,258
926,597 15,700
533,672 85,785 1,012,221 2,005,372 479,464 4,831,979 40,005

APEG Grants:

Salaries of Instructional Personnel Code Section 20-2-157(a) ......................... $ 610,903,307
Salaries of Instructional Personnel Code Section 20-2-152 ............................ $ 107,227,240
Salaries of Instructional Personnel Code Section 20-2-153 ............................ $ 26,400,041
Salaries of Student Supportive Personnel.................. $ 25,824,761
Salaries of Administrative and Supervisory Personnel ............. $ 72,091,943
Special Education Leadership Personnel ................. $ 3,389,518
Instructional Media. .................... $ 20,051,949 Instructional Equipment................. $ 688,381

904

JOURNAL OF THE SENATE

Maintenance and Operation. ............. $ Sick and Personal Leave ................ $ Travel ................................$ Pupil Transportation--
Regular............................. $ Isolated Schools ........................ $ Mid-term Adjustment................... $

94,228,859 5,569,986 1,009,626
85,482,757 541,872 ---0--

Non-APEG Grants:

Education of Children of

Low-Income Families ................. $ 91,786,680

Teacher Retirement .................... $ 114,871,213

Instructional Services for

the Handicapped ..................... $ 22,786,835

Preparation of Professional

Personnel in Education

of Handicapped Children .............. $

43,775

Tuition for the Multi-handicapped ........ $ 1,172,000

Severely Emotionally Disturbed .......... $ 16,431,023

Compensatory Education ................ $ 16,670,810

School Lunch (Fed.).................... $ 78,851,316

School Lunch (State) ................... $ 17,415,469

Supplemental Education

Centers and Services.................. $

38,018

Staff Development...................... $ 716,448

Supervision and Assessment

of Students and Beginning

Teachers and Performance

Based Certification ................... $ 3,647,090

Cooperative Educational

Service Areas ........................ $ 3,944,471

Superintendents Salaries. ................ $ 5,169,884

High School Program ................... $ 28,470,079

Area School Program ................... $ 55,430,784

Career Education ...................... $

24,511

Junior College Program ................. $ 1,746,433

Transportation for

Refugee Children .................... $

2,301

Quick Start ........................... $ 3,060,000

Nutrition Education .................... $

4,612

Special Projects ........................ $ 161,500

Comprehensive Employment and Training . $ 2,290,000

Vocational Research and Curriculum...... $ 366,539

Adult Education ....................... $ 3,151,377

Salaries and Travel of Public Librarians ... $ 4,553,620

Public Library Materials ................ $ 3,232,625

Talking Book Centers ................... $ 684,527

Public Library M&O ................. $ 2,714,607

Public Library Construction ............. $ 441,995

Instructional Aides ..................... $ 9,827,481

Teacher Health Insurance ............... $ 36,791,652

Teacher Health Insurance--Retired

Teachers ............................ $ 6,204,000

THURSDAY, FEBRUARY 2, 1984

905

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

220,000
78,000,000 ---0--
12,531,454 1,000,000 9,129,445
638 6

B. Budget Unit: Institutions .................. $ 15,934,110

1. Georgia Academy for the Blind Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Telecommunications ...................... $ Computer Charges ....................... $ Per Diem, Fees and Contracts ............. $ Utilities........ ......................... $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

2,606,258 211,750 3,125 8,000 2,845 17,410 15,595 1,650 7,700 213,014 10,000
3,097,347 2,829,662
148

2. Georgia School for the Deaf Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing ..................$ Equipment Purchases ..................... $ Computer Charges ....................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities................................. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

4,624,792 524,299 9,670 --0-- 400 20,000 18,495 17,650 7,650 535,173 --0--
5,758,129 5,381,726
247

3. Atlanta Area School for the Deaf Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $

1,990,229 178,212 5,770 --0--

906

JOURNAL OF THE SENATE

Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities................................. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Total Positions Budgeted

1,500 15,800 8,488 27,365 77,615 155,688 --0-- 2,460,667 2,259,461
96

4. North Georgia Vocational-Technical School Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

2,582,494 752,285 22,500 30,600 9,000 85,595 18,152 17,375 ---0-- 376,073 280,000
4,174,074 2,930,774
10

5. South Georgia Vocational-Technical School Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

2,064,510 585,640 26,051 20,000 2,500 55,490 39,500 26,950 31,750 395,694 15,000
3,263,085 2,532,487
90

Budget Unit Object Classes:

Personal Services ......................... $ Regular Operating Expenses ............... $
Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $

13,868,283 2,252,186
67,116 58,600 16,245

THURSDAY, FEBRUARY 2, 1984

907

Equipment Purchases ..................... $ Computer Charges ....................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles
C. Budget Unit: Board of Postsecondary Vocational Education ................... $
Board of Postsecondary Vocational Education Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services......................... $ Regular 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

194,295 86,285 104,935 124,715 1,675,642 305,000
685 80
53,766
121,836 3,762 5,503 1,712
132,813 53,766
8
121,836 3,762 5,503 1,712
8 0

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

908

JOURNAL OF THE SENATE

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 that in the case of mentally, physically or emotionally handicapped children, the ratio shall be one teacher and one aide for 24 students or major fraction thereof in aver age 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, of funds appropriated for Mainte nance and Operation, Sick and Personal Leave and In structional Media, for all Special Education Teachers,

THURSDAY, FEBRUARY 2, 1984

909

payments shall not be made for 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 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 Code Section 20-2-157 for grades 1 and 2, at a ratio of 1:20 students in average daily attendance.
Provided, that local school systems, in accordance with State Board policy, may use additional instructional units earned in grades 1 and 2 to employ either certifi cated or licensed instructional personnel in those grades. Funding for licensed instructional personnel shall include salaries as provided for in APEG Code Section 20-2157(b)(2) and Code Section 20-2-160.
Provided, that of the above appropriation for $716,448 for Staff Development, $71,645 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, $16,670,810 is designated and committed for a compensatory education program for students in grades three through eleven and shall be used for remedial purposes only. Each local system's Compen satory Education Plan shall provide for a program of remediating those students who have failed, or are at risk of failing, the fourth or 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

910

JOURNAL OF THE SENATE

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 (pursuant to Code Section 20-2-250), based on a total state entitle ment 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.
For the purposes of this Act, common object classes are defined as: Personal Services, Regular Operating Ex penses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Com puter Charges, Real Estate Rentals, Telecommunications, Per Diem, Fees and Contracts and Utilities.
The above appropriation for salaries of instructional personnel (Code Section 20-2-152) contemplates no funds for additional allotments to systems at or above the fifteen percent enrollment ceiling.

Section 20. Employees' Retirement System.
Budget Unit: Employees' Retirement System $
Employees' Retirement System Budget:
Personal Services ......................... $ Regular Operating Expenses ...............$ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Cost-of-Living Increase--Other Retirees ..... $ Employer Contribution .................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

425,000
610,551 14,139 8,400 ---0-- 20,000 2,000 126,082 74,046 11,633
432,400 48,000 425,000 --0-- 1,772,251 425,000
28

THURSDAY, FEBRUARY 2, 1984

911

Budget Unit Object Classes:
Personal Services ......................... $ Regular 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 Increase--Other Retirees ..... $ Employer Contribution .................... $ Total Positions Budgeted Authorized Motor Vehicles

610,551 14,139 8,400 --4)-- 20,000 2,000 126,082 74,046 11,633
432,400 48,000 425,000 --0--
28 1

Section 21. Forestry Commission.

Budget Unit: Forestry Commission.......... $ 22,672,708

1. Reforestation Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

969,498 901,155
5,030 22,445 2,325 231,845 --0-- --0-- 8,870 20,060 387,000 2,548,228 719,745
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 .................... $

16,322,146 3,555,329
87,400 819,800 23,300 934,795 20,000
18,212 495,000 72,695 60,000
--0-- 22,408,677

912

JOURNAL OF THE SENATE

State Funds Budgeted Total Positions Budgeted

20,279,052 794

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 ..................... $ Payments to the University of
Georgia, School of Forestry for Forest Research .................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

710,710 110,520 14,500
6,530 43,500 2,350 131,875 --0-- 20,000 3,800 200,000
300,000 1,543,785 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

18,002,354 4,567,004
106,930 848,775 69,125 1,168,990 151,875
18,212 523,870 96,555 200,000
300,000 60,000 144,526 387,000
857 751

THURSDAY, FEBRUARY 2, 1984

913

It is the intent of this General Assembly that the Forestry Commission have authority to control the appli cation of the Contractual Research funds in the above appropriation.

Section 22. Georgia Bureau of Investigation.
Budget Unit: Georgia Bureau of Investigation $
1. General Administration Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage ................................. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
2. Investigative Division Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Evidence Purchased ...................... $ Postage .................................$ 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 ..................... $

18,112,870
572,366 96,450 6,100 8,600 4,000
1,650 6,630 29,300 22,440 3,200 5,500 --0-- 756,236 756,236
21
5,872,902 843,624 91,300 457,400 21,500 160,280 ---0-- 71,785 174,472 2,600 112,000 7,900 --0--
7,815,763 --0--
7,815,763 207
1,989,848 224,200 323,100 192,550 1,500 221,195

914

JOURNAL OF THE SENATE

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 ......................... $ Regular 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

--0-- 54,825 67,428
400 1,320 188,000 3,264,366 3,264,366
55
2,602,526 414,206 22,400 42,500 5,600 22,284 56,311 14,840 81,200 3,100 19,000 --0--
3,283,967 3,283,967
89
1,969,471 107,598 11,000 16,000 50,000 7,325
1,736,944 3,000
471,200 --0-- 20,000
4,392,538 1,400,000 2,992,538
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.

THURSDAY, FEBRUARY 2, 1984

915

Budget Unit Object Classes:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Evidence Purchased ...................... $ Postage .................................$ Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles

13,007,113 1,686,078
453,900 717,050 82,600 412,734 1,799,885 173,750 816,740
9,300 300,000 53,720
--0-- 469 289

Provided, the Department is authorized to use $3,700,000 in existing bond proceeds for permanent and moveable furnishings, landscaping, signing, s-~ci~e-n*t:ifi~c equipment and laboratory equipment.

Section 23. Georgia State Financing and Invest ment 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 .................. $

--0--
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

916

JOURNAL OF THE SENATE

Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $
Total Positions Budgeted Authorized Motor Vehicles

4,000 17,431 80,617 13,248 122,000
25 0

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 .................... $

4,712,565
1,844,714 40,000
2,215,000 118,500
4,218,214 4,218,214

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 .................... $

400,689 9,000 10,500
69,913 9,349 25,000 526,851 494,351

THURSDAY, FEBRUARY 2, 1984

917

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 .................. $ 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

15
1,844,714 40,000
2,215,000 118,500 400,689 9,000 10,500
2,400
69,913 9,349 25,000
15 1
3,444,592
2,759,691 95,200 43,006 --0-- 31,200 --0-- 144,780 190,840 55,875 139,000
3,459,592 3,444,592
83
2,759,691 95,200 43,006 ---0-- 31,200 --0-- 144,780 190,840 55,875 139,000 83 0

918

JOURNAL OF THE SENATE

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 ........ $ 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

3,794,729
164,015 8,275 2,960
4,350
39,600 7,990 8,690 1,321,742 488,428 26,000 2,072,050 1,557,622
8
997,476 31,625 11,000 --0-- 4,500 --0-- 14,400 155,822 95,047 3,000
1,312,870 1,312,870
42
421,036 44,600 26,500 --0-- 54,573
5,000 3,000 --0-- 12,300 9,384,298 9,951,307 161,349
9

THURSDAY, FEBRUARY 2, 1984

919

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 ....................... $ 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 ..................................$

125,014 9,260 1,350 --0-- 8,700 --0-- 2,350 14,802 2,500 8,700
172,676 172,676
4
283,540 11,000 2,480
100
15,863 5,200 30,000 348,183 348,183
10
177,906 6,065 8,500 --0-- 2,040 --0-- --0-- 28,768 3,800 14,950
242,029 242,029
5
2,168,987 110,825 52,790

920

JOURNAL OF THE SENATE

Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $
Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Art Grants--State Funds.................. $
Art Grants--Federal Funds................ $ Art Grants--Donations ................... $
Total Positions Budgeted Authorized Motor Vehicles

--0-- 74,263 5,000 19,750 254,855
126,837 9,449,638 1,321,742
488,428 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 .................. $

5,100,000
1,950,000 1,950,000 1,950,000
3,150,000 3,150,000 3,150,000
1,950,000 3,150,000

Section 26. Department of Human Resources.

A. Budget Unit: Departmental Operations ............................ $ 252,795,773

1. General Administration and Support Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $

4,480,790 3,019,684
63,500 ---0-- 75,697
863 228,356

THURSDAY, FEBRUARY 2, 1984

921

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

3,202,934 269,833 75,500 170,200 465,820 --0--
12,053,177 412,555 --0--
3,439,884
934,000 7,266,738
178 7

General Administration and Support Functional Budgets

Total Funds

Commissioner's Office.... $ 551,469

Administrative Appeals... $ 763,195

Administrative Policy,

Coordination, and

Direction............. $ 144,322

Personnel .............. $ 3,822,524

Support Services ........ $ 1,959,413

Systems Planning,

Development and

Training .............$ 234,169

EDP-Planning and

Coordination.......... $ 301,946

Indirect Cost ........... $

--0--

Facilities Managements .. $ 3,705,115

Community/ Intergovern

mental Affairs ........$ 709,815

Undistributed ........... $ (138,791)

State Funds

Pos.

$ 551,469

13

$ 763,195

24

$ 144,322

4

$ 3,750,524

48

$ 1,731,058

54

$ 234,169

7

$ 101,946

0

$ (3,147,451)

0

$ 2,766,482

8

$ 709,815

20

$ (338,791)

0

Total .................. $ 12,053,177

$ 7,266,738

178

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 .................................$

5,856,435 143,845 185,050 --0-- 29,300 4,379 105,000 4,100 1,602 15,000 --0-- 205

922

JOURNAL OF THE SENATE

Institutional Repairs and Maintenance....................... $
Total Funds Budgeted .................... $
Social Services Block Grant Funds. ......... $ Agency Funds ........................... $ State Funds Budgeted .................... $
Total Positions Budgeted Authorized Motor Vehicles

--0-- 6,344,916
721,800 1,649,200 3,973,916
243 0

Financial Management Functional Budgets

Total Funds

Budget Administration ... $ 1,389,981

Accounting Services ..... $ 3,340,269

Auditing Services ....... $ 1,614,666

Indirect Cost ........... $

--0--

Undistributed ........... $

--0--

Total .................. $ 6,344,916

State Funds

Pos.

$ 1,389,981

44

$ 3,340,269

152

$ 1,614,666

47

$ (2,371,000)

0

$

--0--

0

$ 3,973,916 243

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 ...................... $ 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

10,578,265 284,082 429,935 --0-- 89,160 2,110
1,044,752 201,056 341,836
10,191,600 366,000
215,000 50
101,600 761,200 24,606,646
--0-- 225,657 18,293,312 6,087,677
521 0

Special Programs Functional Budgets

Total Funds Special Projects ......... $ 286,900 Children and Youth
Planning ............. $ 151,149

State Funds

Pos.

$ 286,900

0

$ 151,149

THURSDAY, FEBRUARY 2, 1984

923

Troubled Children Benefits $ Developmental Disabilities $ MH/MR Advisory Council $ Council on Maternal
and Infant Health ..... $ Council on Family
Planning ............. $ Community Services ..... $ Regulatory Services--
Program Direction and Support.............. $ Child Care Licensing ....$ Laboratory Improvement . $ Health Care Facilities Regulation ........... $ Compliance Monitoring .. $ Radiological Health ..... $ Fraud and Abuse. ....... $ Child Support Recovery.. $ Undistributed........... $ Total .................. $

1,127,200 247,264 45,725
99,456
8,800 9,648,075
351,329 1,341,090
515,414
1,720,677 233,892 545,349
1,437,939 6,846,387
--0-- 24,606,646

$ 1,127,200

0

$

--0--

6

$ 45,725

1

$ 99,456

3

$

880

0

$

--0--

9

$ 351,329

9

$ 1,341,090

50

$ 415,414

16

$ 565,893

53

$ 233,892

7

$ 495,349

17

$ 296,696

41

$ 676,704 305

$

--0--

0

$ 6,087,677 521

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

2,590,456 127,321 51,200 --0-- 56,800 13,000 421,816 --0-- 218,430 47,400 --0--1,200
3,527,623 508,016 135,000
2,884,607 113 0

Public Health--Program Direction and Support Functional Budgets

Total Funds Director's Office......... $ 544,838 Employee's Health ...... $ 272,821 Health Program
Management ......... $ 689,546 Vital Records........... $ 1,024,305 Health Services Research. $ 717,434

State Funds

Pos.

$ 358,638

7

$ 237,821

9

$ 604,546

26

$ 1,009,305

52

$ 395,618

12

924

JOURNAL OF THE SENATE

Primary Health Care .... $ Undistributed ........... $ Total .................. S

278,679 --0--
3,527,623

$ 278,679

7

$

--0--

0

$ 2,884,607

113

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 .................................$ 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

5,885,558 2,031,741
252,400 --0--
146,000 7,330
117,090 223,240 46,572 5,718,276 261,249
--0-- 16,800
3,879,000 3,017,800
576,180 2,015,000
100,000
25,000
40,000
113,000
60,000
205,000 115,000 226,530 25,078,766 11,350 10,903,077 14,164,339
222 4

Public Health--Family Health Functional Budgets

Total Funds Stroke and Heart Attack
Prevention............ $ 147,998

State Funds

Pos.

$ 147,998

5

THURSDAY, FEBRUARY 2, 1984

925

Epidemiology ........... $ Immunization........... $ Sexually Transmitted
Diseases ............. $ Community Tuberculosis
Center............... $ Family Health
Management ......... $ Infant and Child Health . $ Maternal Health-Perinatal $ Family Planning ........ $ Malnutrition............ $ Dental Health .......... $ Crippled Children ....... $ Chronic Disease......... $ Diabetes ............... $ Cancer Control ......... $ Coordination, Education
and Prevention ........ $ Undistributed ........... $ Total .................. $

1,000,227 359,040
219,024
1,079,256
5,460,133 4,656,856
252,475 955,210 549,700 130,945 5,036,695 1,563,520 278,155 2,754,412
635,120 --0--
25,078,766

$ 840,580

10

10

$ 219,024

$ 1,079,256

23

$ 294,446

22

$ 4,542,925

14

6

14

15

130,945

3

2,310,476

55

1,563,520

21

222,855

4

2,754,412

6

--0--

0

$ 14,164,339 222

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

3,177,682 476,520 48,900 --0-- 61,850 61,481
1,358,995
13,300 5,198,728
--0-- 1,278,720 3,920,008
137 0

Public Health--Community Health Functional Budgets

Total Funds

Occupational and

Radiological Health ... $ 802,323

Laboratory Services...... $ 3,754,935

Emergency Health .......$ 641,470

Undistributed ........... $

--0--

Total .................. $ 5,198,728

State Funds

Pos.

263,551

6

3,075,487

119

580,970

12

0

3,920,008

137

926

JOURNAL OF THE SENATE

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 ................... $ 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

13,755,949 22,470,699
481,050 --0-- 28,900 41,193 --0--
175,370 184,650 4,745,503
--0-- 32,150 293,323
3,000,000
45,000 75,000 175,000 1,407,200
250,000
3,780,000 33,686,910 84,627,897
129,350 35,157,761 49,340,786
540 2

Public Health--Local Services Functional Budgets

Total Funds Minimum Foundation .... $ 6,992,727 Newborn Follow Up Care $ 301,507
District Dental.......... $ 1,125,833 District Stroke and Heart
Attack Prevention .... $ 1,310,234 Sickle Cell, Vision
and Hearing .......... $ 472,780 High Risk Pregnant Women
and Infants........... $ 4,318,455 District Sexually
Transmitted Diseases . . $ 1,079,850 District Family Planning . $ 6,057,050 Malnutrition............ $ 26,192,129

State Funds

Pos.

$ 6,831,521

191

$ 301,507

11

$ 915,658

17

$ 780,234

18

$ 472,780

15

$ 4,318,455

19

$ 85,000

27

$ 2,849,334

177

10

THURSDAY, FEBRUARY 2, 1984

927

Grant in Aid to Counties . $
Teenage Pregnancy Prevention............ $
District Crippled Children $ Emergency Health....... $ Primary Health Care .... $
Undistributed........... $ Total .................. $

32,284,581
250,000 2,578,647 1,327,973
336,131 --0--
84,627,897

$ 30,116,228

0

$ 250,000

0

$ 1,806,340

36

$ 277,598

9

$ 336,131

10

$

---0--

0

$ 49,340,786 540

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 .................................$ Total Funds Budgeted .................... $ Social Services Block Grant Funds. ......... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted

3,977,377 126,098 114,250 --0-- 41,834 1,055
1,074,219 1,664
293,034 173,300
--0-- 1,050 5,803,881 15,000 1,000,197 510,540 4,278,144
126

Mental Health--Program Direction and Support Functional Budgets

Total Funds

Administration.......... $ 3,197,344

Special Projects

and Contracts......... $

60,000

Program Coordination.... $ 2,546,537

Undistributed........... $

--0--

Total .................. $ 5,803,881

State Funds

Pos.

$ 2,197,147

57

$

--0--

2

$ 2,080,997

67

$

--0--

0

$ 4,278,144

126

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 ............. $

19,905,552

928

JOURNAL OF THE SENATE

Utilities................. Postage ................. W.I.N. Benefits ..........
Benefits for Child Care . . . Total Funds Budgeted .... Agency Funds ........... Social Services
Block Grant Funds ..... State Funds Budgeted ....
Total Positions Budgeted Authorized Motor Vehicles

479,964 14,937,115 35,322,631 7,209,050
15,098,253 13,015,328
0 111

Purchase of Social Services Functional Budgets

Total Funds

Work Incentive Benefits

479,964

Legal Services ........

435,000

AFDC--Family Foster

Care ..............

3,895,045

AFDC--Institutional Foster

Care ................ $ ,348,519

Specialized Foster Care . . $ 357,003

Child Welfare-

Family Foster Care.... $ ,609,011

Adoption Supplement .... $ 544,663

Liability Insurance ...... $

16,000

Emergency Shelter Care . $

99,428

Day Care .............. $ 18 ,808,789

Psychiatric, Psychological

and Speech Therapy ... $ 148,000

Maternity Care ......... $

50,000

Return of

Runaways--County .... $

7,000

Child Welfare Institutional

Foster Care .......... $ 567,082

Home Management--

Contracts ............ $ 161,447

Outreach-Contracts ...... $ 773,680

Special Projects ......... $

22,000

Undistributed ........... $

Total .................. $ 35,322,631

State Funds

Pos.

$ 47,996

0

$ 210,000

0

$ 1,279,947

0

$ 443,135

0

80,603

0

6,123,011

0

544,663

0

16,000

0

99,428

0

3,227,836

0

148,000

0

50,000

0

7,000

567,082

23,899 124,728 22,000
--0--
13,015,328

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 ...................... $

1 152,204
31,594 26,750

THURSDAY, FEBRUARY 2, 1984

929

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

28,004 347,000
1,592,397
1,592,397 38 0

11. Services to the Aged Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ Total Funds Budgeted .................... $ Special Services
Black Grant Funds ..................... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

$2,111,688 47,128 82,650
23,500
20,100 53,335 20,557,854 --0-- 6,200 22,902,455
3,368,035 17,146,078 2,388,342
80 224

Services to the Aged Functional Budgets

Total Funds

Administration and

Planning ............. $ 2,705,281

Aging Services .......... $ 19,189,574

Alternative Health Services $ 1,007,600

Undistributed ........... $

--0--

Total .................. $ 22,902,455

State Funds

Pos.

610,556

41

1,452,876

0

324,910

39

0

2,388,342

80

12. Rehabilitation Services--Program Direction and Support Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $

1,551,362 82,779 56,500 --0-- 31,000 8,130

930

JOURNAL OF THE SENATE

Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ Grants for Nephrology Centers ............. $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted

669,533 --0--
104,610 225,095
--0-- 2,400 220,500 2,951,909 ---0-- 1,683,795 1,268,114
50

Rehabilitation Services--Program Direction and Support Functional Budgets

Total Funds

Program Direction and

Support.............. $ 2,438,665

Grants Management..... $ 513,244

Undistributed........... $

--0--

Total ..................$ 2,951,909

State Funds

Pos.

$ 866,676

48

$ 401,438

2

$

--0--

0

$ 1,268,114

50

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

3,675,845 731,758 21,700 49,359 2,660 56,441 --0-- 266,402 48,520 144,500 95,850 6,000 --0-- --0--
5,099,035 --0--
4,187,162 911,873 161 19

Rehabilitation Services--Facilities Functional Budgets

Total Funds Atlanta Rehabilitation
Center............... $ 1,848,130

State Funds

Pos.

$ 357,136

65

THURSDAY, FEBRUARY 2, 1984

931

Alto Rehabilitation Center $ 271,878

$ 62,219

10

Rehabilitation Center for

the Deaf--Cave Spring $ 399,254

$ 89,184

16

Central Rehabilitation

Center... ............$ 521,077

$ 118,281

18

Georgia Vocational

Adjustment Center--

Gracewood ........... $ 338,218

$ 77,366

17

Ireland Rehabilitation

Center............... $ 336,096

$ 77,136

13

M. S. McDonald

Evaluation Center ..... $ 177,840

$ 40,040

6

J. F. Kennedy Center. ...$ 397,892

$ 90,511

16

Production Workshop .... $ 808,650

$

--0--

0

Undistributed ........... $

--0--

$

--0--

0

Total ..................$ 5,099,035

$ 911,873

161

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

8,101,241 1,740,220
43,000 45,991 15,000 131,943 45,000
152,000 1,136,570
445,600 13,000 75,000
11,944,565 50,000
8,630,075 3,264,490
413
24

Roosevelt Warm Springs Rehabilitation Institute--Functional Budgets

Administration ....... Rehabilitation Services Undistributed ........ Total ...............

Total Funds $ 4,349,882 $ 7,594,683
$ 11,944,565

State Funds

Pos.

$ 1,776,318

146

$ 1,488,172

267

0

$ 3,264,490

413

932

JOURNAL OF THE SENATE

15. Georgia Factory for the Blind Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

3,413,202 5,129,678
16,500 72,000 6,300
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

Operations ............. $ 8,388,245

Supervision............. $ 423,435

Undistributed........... $

--0--

Total ..................$ 8,811,680

State Funds

Pos.

$

--0--

9

$ 423,435

18

$

--0--

0

$ 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 ............................ $ E.S.R.P. Case Services .................... $ Contract with the Affirmative Industries ............................. $ Cerebral Palsy Contract................... $

15,448,994 359,729 433,000 --0-- 14,750 15,400 18,100 638,766 401,000 376,400 60,000 80,680
3,830,000 65,000
8,719,899 75,000
108,000 140,000

THURSDAY, FEBRUARY 2, 1984

933

Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $
State Funds Budgeted .................... $ Total Positions Budgeted
Authorized Motor Vehicles

30,784,718 50,000
20,430,631
10,304,087 593
5

Rehabilitation Services Functional Budgets

Total Funds

District Field Services.... $ 25,763,073

Independent Living ...... $ 237,645

Sheltered Employment ... $ 954,000

Community Facilities .... $ 3,830,000

Undistributed........... $

--0--

Total .................. $ 30,784,718

State Funds

Pos.

$ 5,928,510 573

$ 76,321

5

$ 469,256

15

$ 3,830,000

0

$

--0--

0

$ 10,304,087

593

17. Rehabilitation Services-- Disability Adjudication Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ Case Services ............................ $ Total Funds Budgeted .................... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted

8,671,328 311,655 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-- 407

18. Public Assistance Budget:

Personal Services......................... $

Regular Operating Expenses ............... $ 14,282,352

Travel ..................................$

Motor Vehicle Equipment Purchases ........ $

Publications and Printing.................. $

Equipment Purchases ..................... $

Computer Charges ....................... $

Real Estate Rentals ...................... $

Per Diem, Fees and Contracts ............. $ 504,000

SSI-Supplement Benefits .................. $

36,200

AFDC Benefits .......................... $ 201,825,716

Total Funds Budgeted .................... $ 216,648,268

Agency Funds ........................... $ 150,301,068

934

JOURNAL OF THE SENATE

State Funds Budgeted . . Total Positions Budgeted

66,347,200 0

Public Assistance Functional Budgets

Total Funds

Refugee Benefits ........ $ 2,101,050

AFDC Payments ........ $ 201,825,716

SSI--Supplement

Benefits .............. $

36,200

Energy Benefits ......... $ 12,685,302

Undistributed ........... $

--0--

Total .................. $ 216,648,268

State Funds

Pos.

$

--0--

0

$ 66,311,000

0

$ 36,200

0

$

--0--

0

$

--0--

0

$ 66,347,200

0

19. Local Services--Community Services and Benefits Payments Budget:

Personal Services......................... $

Regular Operating Expenses ............... $

15,000

Travel .................................. $

Motor Vehicle Equipment Purchases ........ $

Publications and Printing .................. $

Equipment Purchases ...................... $

Computer Charges ....................... $

Real Estate Rentals ...................... $

Per Diem, Fees and Contracts ............. $ 2,926,000

Local Services Benefits

Payments Grants ....................... $ 61,272,490

Grants to Counties for

Social Services ......................... $ 46,231,215

Grants to Fulton County for

24-hour Emergency Social

Services ...............................$ 182,400

Homemaker Meals ....................... $

94,437

Chatham County Homemaker

Project ...............................$ 448,213

Douglas County Homemaker

Project ...............................$ 114,394

Fulton County Homemaker Project ......... $ 296,782

Total Funds Budgeted .................... $ 111,580,931

Agency Funds ........................... $ 43,351,734

Social Services

Block Grant Funds ..................... $ 15,692,787

State Funds Budgeted .................... $ 52,536,410

Total Positions Budgeted

0

Local Services--Community Services and Benefits Payments Functional Budgets

Local Services-- Benefits Payments Grants..........

Total Funds $ 61,272,490

State Funds

Pos.

$ 30,566,245

THURSDAY, FEBRUARY 2, 1984

935

Grants to Counties for Social Services ..... $
Food Stamp Issuance .... $
Grants to Fulton County for 24-hour Emergency Services.............. $
Homemaker Projects ..... $ Undistributed ........... $
Total .................. $

46,231,215 2,941,000
182,400 953,826
--0-- 111,580,931

21,415,339
$ 182,400 $ 372,426 $ 52,536,410

20. Family and Children Services-- Program Direction and Support Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ Total Funds Budgeted .................... $ Agency Funds ........................... $ Indirect DOAS Services Funding ........... $ Social Services Block
Grant Funds .......................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

10,263,250 354,628 394,104 --0-- 866,965 10,725
7,429,108 199,310
1,224,780 3,531,505
5,500 641,800 24,921,675 12,780,131 619,875
2,693,787 8,827,882
375 0

Family and Children Services--Program Direction and Support Functional Budgets

Total Funds Director's Office........ . $ 572,551
Administration and Management..... . $ 3,550,775
District Administration. . . $ 3,723,972
Program Planning and Development..... . $ 1,119,429
Program Management and Training ........ . $ 5,177,861

State Funds

Pos.

$ 572,551

9

$ 2,317,122

95

$ 3,723,972

106

$ 1,119,429

16

$ 1,993,906

58

936

JOURNAL OF THE SENATE

Management Information

Systems.............. $ 9,814,674

$ 5,266,730

57

Child Development

Administration........ $ 962,413

$ 962,413

34

Indirect Cost ........... $

--0--

$ (7,128,241)

0

Undistributed........... $

--0--

$

--0--

0

Total .................. $ 24,921,675

$ 8,827,882

375

Budget Unit Object Classes:

Personal Services......................... $ 104,691,626

Regular Operating Expenses ............... $ 51,766,511

Travel ..................................$ 2,730,097

Motor Vehicle Equipment Purchases ........ $ 167,350

Publications and Printing .................. $ 1,545,583

Equipment Purchases ....... ............. $ 362,451

Computer Charges ....................... $ 11,442,698

Real Estate Rentals ...................... $ 5,472,311

Telecommunications ...................... $ 3,806,571

Per Diem, Fees and Contracts ............. $ 72,595,230

Utilities .................................$ 877,200

Postage .................................$ 1,590,205

Capital Outlay........................... $

--0--

Grants for Regional Prenatal

and Postnatal Care Programs ............ $ 3,879,000

Crippled Children Benefits................. $ 4,425,000

Crippled Children Clinics ................. $ 554,572

Kidney Disease Benefits ................... $ 576,180

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.................. $ 33,686,910

Work Incentive Benefits ................... $ 479,964

Grants to Fulton County

for 24-hour Emergency

Social Services ......................... $ 182,400

Benefits for Child Care ................... $ 15,698,315

Homemaker Meals ....................... $

94,437

Chatham County

Homemaker Project .................... $ 448,213

Douglas County

Homemaker Project ....................$ 114,394

Fulton County Homemaker Project ......... $ 296,782

Grants for Nephrology Centers ............. $ 220,500

Case Services ............................ $ 17,823,399

E.S.R.P. Case Services .................... $

75,000

SSI-Supplement Benefits .................. $

36,200

AFDC Benefits .......................... $ 201,825,716

Local Services Benefits

Payments Grants ....................... $ 61,272,490

THURSDAY, FEBRUARY 2, 1984

937

Grants to Counties for Social Services............................... $
Contract with Vocational Rehabilitation Community Facilities .............................. $
Contract for the Purchase of Clotting Factor for the Hemophilia Program.................... $
Contract with the Affirmative Industries ................... $
Institutional Repairs and Maintenance....................... $
Contract with Emory University for Arthritis Research .................. $
Grant for Epilepsy Program ............... $ Grant to Grady Hospital for
Cystic Fibrosis Program ................. $ Contract for Scoliosis
Screening ............................. $ Menninger Group Homes.................. $ Contract--Georgia
Advocacy Office, Inc. ................... $ Grant for Teenage Pregnancy
Prevention Program .................... $ Contract--Cancer Research
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

46,231,215
3,830,000
100,000 108,000
--0-- 205,000 65,000 40,000 115,000 366,000 215,000 250,000 113,000 3,000,000 140,000
45,000 60,000 4,224

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.

938

JOURNAL OF THE SENATE

There is hereby appropriated $66,311,000 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

Standards of Need

Maximum Monthly Amount

1

$202

2

306

3

366

4

432

5

494

6

536

7

580

8

616

9

648

10

694

11

742

$111 169 202 238 272 295 320 340 357 383 409

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.

THURSDAY, FEBRUARY 2, 1984
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 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.
It is the intent of the General Assembly that the De partment of Human Resources transfer funds from other areas of Budget Unit A to insure that rates in effect for the various Special Program Services of AFDC-Institutional Foster Care and Child Welfare-Institutional Foster Care be not less than the rates paid for such various ser vices on June 30, 1983.
For the purposes of this Act, common object classes are defined as: Personal Services, Regular Operating Ex penses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Com puter Charges, Real Estate Rentals, Telecommunications, Per Diem, Fees and Contracts and Utilities.
B. Budget Unit: State Health Planning and Development....................... $

939 452,232

940

JOURNAL OF THE SENATE

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-- 391,707 452,232
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................. $ 283,066,700

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 .................................$

9,296,496 1,111,510
9,000 25,159 4,200 38,072 211,504 --0-- 108,070 253,065 365,682 9,150

THURSDAY, FEBRUARY 2, 1984

941

Authority Lease Rentals .................. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $
Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted
Authorized Motor Vehicles

--0-- --0-- 11,431,908 1,631,365
65,900 9,734,643
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

11,908,281 1,401,687
12,700 --0-- 7,000 31,700 158,668
--0-- 141,026
314,130 587,994
13,000 --0-- --0--
14,576,186 2,582,236
102,100 11,891,850
622 25

3. Georgia Regional Hospital at Savannah Budget:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ Authority Lease Rentals .................. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $

9,685,368 899,030 12,000 20,055 2,300 42,347 140,137 --0-- 117,433 143,720 444,860 7,500 --0-- --0--
11,514,750 1,324,761
93,300 10,096,689

942

JOURNAL OF THE SENATE

Total Positions Budgeted

505

Authorized Motor Vehicles

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

7,992,438 849,739 12,400 44,740 5,120 38,776 102,766 --0-- 113,420 38,250 480,231 12,500 --0-- --0--
9,690,380 1,462,807
82,300 8,145,273
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 ....................... $ 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

12,131,753 1,138,951
8,400 10,200
800 73,475 159,882 --0-- 106,469 41,600 1,266,388 9,125 --0-- --0-- 14,947,043 3,799,330 93,300 11,054,413
678 45

THURSDAY, FEBRUARY 2, 1984

943

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

27,659,122 2,706,659
6,525 39,630 4,620 233,724 ---0-- --0-- 299,316 149,000 1,859,698 10,000 343,000 33,311,294 11,769,282 100,000 21,442,012
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 ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities................................. $ Postage .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

19,408,870 1,880,752
14,000 15,855 4,000 253,819 158,123 --0-- 161,570 217,920 918,040 16,000 --0-- 23,048,949 7,337,428 98,800 15,612,721 1,104
53

8. Georgia Retardation Center Budget:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $

16,237,316 2,443,810
11,700 48,536

944

JOURNAL OF THE SENATE

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

5,100 60,468 171,104 --0-- 220,744 107,770 1,360,380 12,750 219,877 --0-- 20,899,555 8,330,891 109,800 12,458,864
887
882 39

9. Georgia Mental Health Institute Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..........,.......................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities................................. $ Postage .................................$ Authority Lease Rentals .................. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

10,081,634 1,161,829
12,400 ---0-- 3,950 49,577 200,443 --0-- 184,040 647,715 1,476,180 12,000 --0-- --0-- 13,829,768 1,494,184 202,100 12,133,484
510 20

10. Central State Hospital Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $

71,910,814 9,651,711
25,800 159,895 17,500 255,098 665,107
--0--

THURSDAY, FEBRUARY 2, 1984
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

945
494,233 226,800 5,627,147 42,500 522,563 275,000 89,874,168 24,506,006 677,400 64,690,762
3,953
3,922 215

Central State Hospital Functional Budgets

Total Funds Mental Health/Mental
Retardation Services ... $ 77,267,085 Veterans Services ....... $ 7,948,115 Department of Offender
Rehabilitation Services . $ 4,658,968

Total

$ 89,874,168

State Funds $ 64,690,762 $
$ 64,690,762

Pos. 3686/ 3655
267
0 3953/ 3922

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

13,091,576 1,442,330
7,500 57,023 3,200 406,635 --0-- --0-- 137,165 133,800 985,300 19,500 56,400 16,340,429 334,500 16,005,929
723 103

12. Regional Youth Development Centers Budget:

Personal Services......................... $ 7,113,566

946

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 .................................$ Capital Outlay........................... $ Grants to County-Owned
Detention Centers ...................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

891,025 11,000 22,295 3,000 40,047 --0-- --0-- 65,000 78,900 575,000 10,500 45,000
2,140,874 10,996,207
249,305 10,746,902
414 41

13. Community Mental Health/ Mental Retardation Services Budget:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ 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....................... $

9,085,665 543,212 40,300 11,500 3,200 13,000 --0-- 73,075 36,500 459,532 22,600 1,800 --0-- 929,794
50,999,537
579,000 1,366,294 5,368,861
530,212
61,522,029 287,700 177,299 240,500
265,637

THURSDAY, FEBRUARY 2, 1984

947

Uniform Alcoholism Projects............... $ 2,622,241

Community Mental

Retardation Staff....................... $ 2,976,993

Community Mental Retardation

Residential Services .................... $ 10,478,268

Total Funds Budgeted .................... $ 148,634,749

Social Services

Block Grant Funds ..................... $ 30,010,470

Agency Funds ........................... $ 50,546,274

State Funds Budgeted .................... $ 68,078,005

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 . $ 1,689,126

Central Pharmacy....... $ 127,093

Metro Drug Abuse Centers $ 1,212,689

Day Care Centers for the

Mentally Retarded .... $ 51,578,537

Supportive Living ....... $ 6,735,155

Georgia State Foster

Grandparent/Senior

Companion Program ... $ 530,212

Community Mental

Retardation Staff.... ..$ 3,108,525

Community Mental

Retardation Residential

Services.............. $ 10,478,268

Group Homes for

Autistic Children...... $ 265,637

Project Rescue.......... $ 287,700

Drug Abuse Contracts ... $ 929,794

Project ARC ........... $ 177,299

Project Friendship....... $ 240,500

Community Mental Health

Center Services ....... $ 61,522,029

Uniform Alcoholism

Projects.............. $ 2,622,241

Central Laboratory ...... $ 236,142

Undistributed........... $

--0--

Total .................. $ 148,634,749

State Funds

Pos.

$ 5,808,539 221

$ 1,028,363

40

$ 1,689,126

62

$ 127,093

3

$ 569,599

44

$ 16,843,623

0

$ 3,302,488

0

$ 530,212

0

$ 2,177,738

0

$ 7,131,820

0

$ 265,637

0

$ 124,700

0

$ 921,951

0

$ 177,299

0

$ 240,500

0

$ 25,410,776

0

$ 1,728,541

0

$

--0--

6

$

--0--

0

$ 68,078,005

376

14. Community Youth Services Budget:

Personal Services ......................... $ 8,758,229

948

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 .................................$ Child Care Benefits ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

1,192,187 376,800 29,384 3,300 20,198 --0-- 281,500 237,005 ---0-- 38,350 22,200 16,000
10,975,153 10,975,153
412 19

Community Youth Services Functional Budgets

Total Funds

Group Homes........... $ 517,412

Community Detention.... $ 1,107,529

Day Centers ............ $ 602,533

Community Treatment

Centers .............. $ 1,835,321

Court Services .......... $ 6,136,042

Runaway Investigations .. $ 388,683

Interstate Compact ...... $

77,633

Purchased Services ...... $ 310,000

Undistributed ........... $

Total .................. $ 10,975,153

State Funds Pos.

$ 517,412

19

$ 1 ,107,529

17

$ 602,533

23

$ 1 ,835,321

77

$ 6,136,042 258

$ 388,683

15

$ 77,633

3

$ 310,000

0

$

--0--

0

$ 10,975,153 412

15. Regular Operating Expense Reserve Budget:

Regular Operating Expense ................ $ Total Funds ............................. $ State Funds ............................. $

Budget Unit Object Classes:

Personal Services......................... $ 234,361,128

Regular Operating Expenses ............... $ 27,314,432

Travel..................................$ 560,525

Motor Vehicle Equipment Purchases ........ $ 484,272

Publications and Printing .................. $

67,290

Equipment Purchases ..................... $ 1,556,936

Computer Charges ....................... $ 1,967,734

Real Estate Rentals ...................... $ 354,575

Telecommunications ...................... $ 2,421,991

Per Diem, Fees and Contracts ............. $ 2,812,202

Utilities .................................$ 16,007,850

Postage .................................$ 198,525

THURSDAY, FEBRUARY 2, 1984

949

Capital Outlay........................... $ Authority Lease Rentals .................. $ Grants to County-Owned
Detention Centers ...................... $ 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............... $ Child Care Benefits ...................... $ Community Mental Retardation Staff. ...................... $ Community Mental Retardation Residential Services .................... $ Total Positions Budgeted-- July 1, 1983 Total Positions Budgeted-- June 30, 1984 Authorized Motor Vehicles

719,400 742,440
2,140,874 929,794
50,999,537
579,000 1,366,294 5,368,861
530,212
61,522,029 287,700 177,299 240,500
265,637 2,622,241
16,000
2,976,993
10,478,268
12,693
12,615 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 to $392 and to supplant State funds with patient collections to reduce 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-

950

JOURNAL OF THE SENATE

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 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 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

THURSDAY, FEBRUARY 2, 1984

951

$250,000 of surplus and reserves available for the afore mentioned purposes.
Provided, however, the Department is authorized and directed to utilize $123,500 of available surplus and reserves of the Georgia Building Authority (Hospital) for completion of Phase II of the electrical system upgrading and for repair of an elevator in the Powell Building at Central State Hospital.
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 ........ $ Publications and Printing .................. $ Equipment Purchases .....................$ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
2. Research Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

8,618,196
540,086 10,000 69,300 --0-- 5,400 150 21,622
646,558 646,558
16
353,082 4,800 2,000
47,556
4,170
20,900 432,508 432,508
14

952

JOURNAL OF THE SENATE

3. Tourism--Promotional Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Historic Chattahoochee
Commission Contract ................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
4. Tourist--Welcome Centers Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Local Welcome Centers ................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
5. Internal Administration Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Georgia Ports Authority--
Authority Lease Rentals ................ $ Georgia Ports Authority--
General Obligation Bond Payments ............................. $

617,361 71,900 65,000 --^0-- 189,500
2,450 18,154 --0-- --0-- 90,870
40,000 1,095,235 1,095,235
26
1,480,424 352,988 30,000 --0-- 2,000 11,775 --0-- --0-- 14,190 4,000 110,000
2,005,377 1,915,377
93
634,038 208,670
13,000 12,000 35,000
500 3,000 246,469 119,070 17,000 145,000
2,735,000
637,946

THURSDAY, FEBRUARY 2, 1984

953

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.............................. $ Georgia Ports Authority--
Authority Lease Rentals ................ $

25,000 25,000 20,000
485,000
--0-- 5,361,693 3,124,563
24
561,848 62,500 92,500 --0-- 15,000
1,400 25,500 42,000 20,500 83,250 904,498 904,498
17
499,457 499,457 499,457
0
4,186,839 710,858 271,800 12,000 294,456 16,275 72,446 288,469 153,760 216,020 145,000 110,000 499,457
2,735,000

954

JOURNAL OF THE SENATE

Georgia Ports Authority-- General Obligation Bond Payments ............................. $
Historic Chattahoochee Commission Contract ................... $
Atlanta Council for International Visitors ................... $
Waterway Development in Georgia ......... $ Georgia Music Week Promotion ............ $ Georgia World Congress Center
Operating Expenses..................... $ International Council of
Georgia, Inc. .......................... $ Total Positions Budgeted Authorized Motor Vehicles

637,946
40,000
25,000 25,000 20,000
485,000
--0-- 190 21

B. Budget Unit: Authorities .................. $

--0--

1. Georgia World Congress Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Atlanta Convention and
Visitors Bureau ........................ $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

3,676,090 1,392,178
36,000 --0-- 24,600 40,000 --0-- --0-- 68,160 200,352
1,000,000 6,437,380
--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 ..................... $

21,000,000 8,070,228
475,207 472,080 250,108 3,119,000 189,403 512,960
2,227,130 457,142
1,211,582 721,150
24,408,920 --0--

THURSDAY, FEBRUARY 2, 1984

955

Total Funds Budgeted . . State Funds Budgeted . . Total Positions Budgeted

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.

Budget Unit Object Classes:

Personal Services...................... 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

24,676,090 9,462,406
511,207 472,080 274,708 3,159,000 457,142 189,403 581,120 1,411,934
2,227,130 721,150
24,408,920
1,000,000 927 36

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 ..................... $

781,510
661,229 13,259 87,751

956

JOURNAL OF THE SENATE

Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $
Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

--0-- 7,971 6,100
200
781,510 781,510
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

661,229 13,259 87,751

B. Budget Unit: Basic Employment, Food Stamps, Work Incentive,
Correctional Services, Comprehensive Employment and Training and Job Training Partnership.................... $

3,419,641

1. Basic Employment Security Budget:

Personal Services ......................... $ 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

38,169,861 3,565,157 1,005,000
---0-- 9,200 980,000 14,000 1,430,096 965,000 822,750 --0-- --0-- 46,961,064 1,071,665 1,519

2. Work Incentive Program Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $

2,526,797 100,625 20,000 --0-- 1,000 20,526

THURSDAY, FEBRUARY 2, 1984

957

Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ W.I.N. Grants ........................... $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

1,000 35,000 49,825 1,021,061 226,782 --0-- 4,002,616 400,262
82

3. 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

4. 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

1,770,068 47,851 20,245 --0-- 250 300 1,000 63,000 35,000 10,000
1,947,714 1,947,714
74

5. Job Training Partnership Act Budget:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$
Motor Vehicle Equipment Purchases ........ $ Publications and Printing.................. $ Equipment Purchases ..................... $

4,671,596 522,900 75,000
--0-- 2,250 6,750

958

JOURNAL OF THE SENATE

Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and
Contracts (JTPA) ...................... $ 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 (CETA) ..................... $ Per Diem, Fees and
Contracts (JTPA) ...................... $ Per Diem, Fees and Contracts ............. $ W.I.N. Grants ........................... $ CETA Direct Benefits .................... $ Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles

2,250 135,750 136,500
37,500 5,590,496
--0-- 200
57,749,701 5,531,506 1,323,245
--0-- 18,700 1,026,576 23,250 2,025,846 1,550,325
12,000
37,500 1,853,811
226,782 37,469,000
--0-- 2,297
6

Provided, however, that the Department of Labor is not required to budget Work Incentive (WIN) as a sepa rate activity prior to July 1, 1984.

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 ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Books for State Library ................... $ Capital Outlay........................... $

4,631,591
4,062,095 359,664 95,000 --0-- 30,150 2,590 32,050 311,807 97,735 30,500 55,000 --0--

THURSDAY, FEBRUARY 2, 1984

959

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

5,076,591 4,631,591
116
4,062,095 359,664 95,000 --0-- 30,150 2,590 32,050 311,807 97,735 30,500 55,000

Provided, however, that of the above appropriation relative to regular operating expenses, $30,500 is desig nated and committed for Court Reporter Fees.

Section 30. Department of Medical Assistance.

Budget Unit: Medicaid Services ............ $ 218,839,832

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

434,572 9,200 6,600 12,000 400 --0-- 55,336 11,600
105,900 635,608 273,921
11

2. Administration Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $

860,673 47,430 5,000 --0-- 9,810 8,000 --0--

960

JOURNAL OF THE SENATE

Real Estate Rentals ...................... $
Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Audits Contracts ......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Total Positions Budgeted

215,113
19,774 10,000 163,765 479,504 1,819,069 592,753
38

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

1,106,031 51,520 17,910 35,350 --0-- --0-- 263,267 66,381
9,300,320 10,840,779 1,386,710
41

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

2,356,090 164,080 2,200 144,000 5,000
7,840,660 238,280 91,015 89,000 712,355
11,642,680 1,400,000 8,517,958 1,661,972
121

5. Program Integrity Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Publications and Printing .................. $ Equipment Purchases ..................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage ................................. $ Total Funds Budgeted .................... $

1,610,965 40,060 55,385 5,800 --0-- 214,646 46,825 5,000 --0--
1,978,681

THURSDAY, FEBRUARY 2, 1984

961

State Funds Budgeted .................... $ Total Positions Budgeted

844,962 70

6. Benefits Payments Budget:

Medicaid Benefits ........................ $ 662,293,952

Payments to Counties

for Mental Health...................... $ 10,845,445

Total Funds Budgeted .................... $ 673,139,397

State Funds Budgeted .................... $ 214,079,514

Total Positions Budgeted

0

Budget Unit Object Classes:

Personal Services ......................... $ 6,368,331

Regular Operating Expenses ............... $ 312,290

Travel .................................. $

87,095

Motor Vehicle Equipment Purchases ........ $

12,000

Publications and Printing .................. $ 195,360

Equipment Purchases ..................... $

13,000

Computer Charges ....................... $ 7,840,660

Real Estate Rentals ...................... $ 986,642

Telecommunications ...................... $ 235,595

Per Diem, Fees and Contracts ............. $ 9,510,220

Postage .................................$ 876,120

Medicaid Benefits ........................ $ 662,293,952

Payments to Counties for

Mental Health ......................... $ 10,845,445

Audits Contracts ......................... $ 479,504

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 ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $

5,269,904
924,368 17,525 12,000 --0-- 54,300 2,405
477,118 --0--

962

JOURNAL OF THE SENATE

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 ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $

18,900 5,600 90,300 1,602,516 1,602,516
39
508,278 6,870 1,265 --0-- 5,900 320
166,413 --0-- 5,862 1,000 3,000
698,908 698,908
19
320,528 9,070 1,025 --0-- 950 1,000
216,337 --0-- 5,199 --0-- 1,100
555,209 555,209
13
567,770 28,800 20,600 --0-- 20,000 2,350 18,103 --0-- 9,150

THURSDAY, FEBRUARY 2, 1984

963

Per Diem, Fees and Contracts ............. $ Postage .................................$
Total Funds Budgeted .................... $ Agency Assessments ...................... $ Total Positions Budgeted ..................$

131,323 4,400
802,496 802,496
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

560,228 10,700 7,500 --0-- 43,000 7,440
371,029 57,985 48,040 4,284,270 27,460 5,417,652
--0--
5,417,652 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 ........ $

724,859 19,440 3,300 --0--

964

JOURNAL OF THE SENATE

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

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 .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ Agency Assessments ...................... $ Total Positions Budgeted

316,441 16,882 9,200 --0-- 15,000 3,760 --0--
515,160 4,887 58,000 3,500
942,830 942,830
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 ....................... $ 1,315,726

Real Estate Rentals ...................... $ 573,145

Telecommunications ...................... $ 106,478

Per Diem, Fees and Contracts ............. $ 12,687,981

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

THURSDAY, FEBRUARY 2, 1984

965

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.
Provided, however, the Department is authorized to assess no more than $103.50 per merit system employee for the cost of departmental operations.

Section 32. Department of Natural Resources.

A. Budget Unit: Department of Natural Resources ............................. $ 47,720,627

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 ................... $ Receipts from Stone Mountain
Memorial Association ................... $ State Funds Budgeted .................... $ Total Positions Budgeted

2,227,077 176,017 18,000 8,000 167,290 500 162,164 167,212 69,529 95,200 83,376
494,700
--0-- 75,000 3,744,065
50,000
328,500 3,340,565
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 .................................$

12,864,974 3,066,405
67,000 830,750 74,000 398,186 44,219 45,438 221,506
77,500 62,466

966

JOURNAL OF THE SENATE

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

314,375
350,000 18,416,819
100,000 14,845,330
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--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

8,917,690 3,615,740
75,000 224,000 95,000 226,000
15,000 132,601 236,456 68,400 52,600
1,358,500 250,000 975,000
1,513,000
1,400,000 215,000 186,000 50,000
1,156,800 100,000
20,862,787 100,000
11,769,854 373

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 ............. $

9,471,542 652,291 235,400 25,200 74,550 33,993 101,880 512,513 175,592 747,500

THURSDAY, FEBRUARY 2, 1984

967

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

89,822 1,500,000 6,000,000
250,437
125,000
10,000 20,005,720 16,807,420
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--Buoy Maintenance......... $ Total Funds Budgeted .................... $
State Funds Budgeted .................... $ Total Positions Budgeted

714,670 170,312 11,000 16,100 15,190
21,947 15,000 --0--
18,600 7,500 7,139
20,000 1,017,458
957,458 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 ...................... $

34,195,953 7,680,765
406,400 1,104,050
426,030 680,626 338,263 857,764 721,683 996,100 295,403
1,400,000 215,000
6,000,000 1,500,000
250,437

968

JOURNAL OF THE SENATE

Contract with U.S. Geological Survey for Topographic Maps.
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. ...... 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

125,000
1,358,500 250,000 75,000
1,513,000 975,000
494,700
186,000 50,000
350,000
1,156,800
20,000
314,375 100,000
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 Commission, except that land specifically pro vided 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.

THURSDAY, FEBRUARY 2, 1984

969

B. Budget Unit: Authorities .................. $
1. Lake Lanier Islands Development Authority Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Outlay........................... $ Campground Sinking Fund ................ $ Promotion Expenses ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
2. Jekyll Island State Park Authority Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Mortgage Payments ...................... $ Capital Outlay........................... $ Promotion Expenses ...................... $ Payments to the Department
of Natural Resources ................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment .............................. $ Computer Charges ....................... $ Real Estate Rentals ...................... $

--0--
1,647,232 676,917 3,605 7,000 45,095 106,050 3,700 --0-- 39,940 24,400
2,553,939
64
2,676,298 1,900,360
31,900 --0-- 37,295 --0-- 18,000 --0-- 40,065 101,620 ---0-- 1,140,000 --0--
50,000 5,995,538
--0-- 165
4,323,530 2,577,277
35,505 7,000 82,390 106,050 21,700 --0--

970

JOURNAL OF THE SENATE

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

80,005 126,020 1,140,000
--0-- --0--
50,000 --0--
229 100

Section 33. Department of Offender Rehabilitation.

A. Budget Unit: Departmental Operations ...... $ 22,400,299

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

3,560,445 301,308 34,300 --0-- 50,000 3,800 775,756 904,193 235,000 576,591 --0--
6,441,393 450,000
5,991,393 139

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 ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ County Subsidy .......................... $ County Subsidy for Jails .................. $ Court Costs ............................. $ Central Repair Fund ..................... $

4,127,217 114,918 117,530 66,400 --0-- 30,900 ---0-- 3,000 26,600 383,000 --0--
7,093,825 712,500 404,000 984,000

THURSDAY, FEBRUARY 2, 1984

971

Grants for County Workcamp Construction................. $
Grants for Local Jails .................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

750,000
400,000 15,213,890 15,213,890
165

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

715,946 188,070 122,000
--0--
1,000 15,000 ---0--
80,000 22,000 --0--
51,000 1,195,016
1,195,016 32

Budget Unit Object Classes:

Personal Services......................... $ Regular 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

8,403,608 604,296 273,830 66,400 51,000 49,700 775,756 987,193 283,600 959,591 51,000
7,093,825 712,500 404,000 984,000
750,000 400,000
336 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.

972

JOURNAL OF THE SENATE

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 ...............................$ 121,736,447

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

1,412,389 67,350 800
12,200
23,000
127,000 1,642,739 1,642,739
66

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

5,834,773 242,901 3,000
25,000
30 48,600 2,400 550,500 6,707,204 6,707,204
298

3. Alto Education and Evaluation Center Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing.................. $ Equipment Purchases ..................... $ Computer Charges ....................... $

1,315,244 49,975 3,400 --0-- --0-- 17,340 --0--

THURSDAY, FEBRUARY 2, 1984

973

Real Estate Rentals ...................... $
Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

4,490
1,390,449 1,147,876
48

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

6,108,536 251,139 1,500
29,000
47,600 3,000
634,000 7,074,775 7,074,775
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 .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

14,303,396 664,678 25,299 30,000 4,500 179,943 --0-- --0--120,900 66,100
1,444,000 16,838,816 16,813,816
872

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 ...................... $

9,967,403 403,735 10,415
64,000
120,000

974

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts ............. $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Total Positions Budgeted

15,360 1,090,000 11,670,913 11,547,913
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 .................................$ Payments to Central State
Hospital for Utilities.................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

12,248,019 435,030 4,000
85,000
5,440 133,000
4,800 334,000
726,500 13,975,789 13,975,789
675

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

3,008,276 99,694 1,200
3,200
14,100
272,500 3,398,970 3,398,970
155

9. Central Correctional Institution Budget:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing.................. $ Equipment Purchases ..................... $ Computer Charges ....................... $

2,563,236 80,965 1,575

THURSDAY, FEBRUARY 2, 1984

975

Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
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 ...................... $

19,900
251,835 2,922,011 2,922,011
135
3,368,524 104,500 2,300
3,075
9,100 41,000 10,000 324,100 3,862,599 3,862,599
183
3,246,144 107,687 2,100
6,000 52,000 --0-- 307,000 3,724,931 3,669,931
176
145,010 4,798,974
--0-- 365,000 69,100 296,375
--0-- --0--

976

JOURNAL OF THE SENATE

Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$
Payments to Central State Hospital for Utilities.................... $
Authority Lease Rentals .................. $ Capital Outlay........................... $ Inmate Release Funds .................... $
Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Total Positions Budgeted

114,000 ---0-- --0--
100,000 440,000 750,000 881,304 7,959,763 7,769,763
3

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

600,000 18,000 ---0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--
618,000 --0-- 32

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

3,206,830 4,985,787
7,500
2,205,880 53,000
10,773,997 10,143,887
192

THURSDAY, FEBRUARY 2, 1984

977

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 ..................................$ 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

744,100 3,474,822
90,145
63,800
49,900
4,422,767 4,382,767
37
2,230,003 74,300 1,500
6,900 27,000 35,520 215,000 2,590,223 2,590,223
136
2,353,040 158,981 4,800
13,460
194,000 36,900 5,800 275,000 --0-- 3,041,981 3,041,981
119

978

JOURNAL OF THE SENATE

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

4,123,246 180,355 3,000
9,300 32,000
1,800 329,000 4,678,701 4,678,701
245

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

4,910,749 928,573
49,700
40,480 --0-- 10,436,000 16,365,502 16,365,502
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 ............. $

81,688,918 17,127,446
72,389 485,145 73,600 1,155,593
--0-- 230,770 844,490 194,680

THURSDAY, FEBRUARY 2, 1984

979

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

6,153,935
2,205,880
879,500
--0-- 881,304 10,436,000
40,480 440,000 750,000
4,445 379

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.
Provided, that the above total funds appropriated for 'Health Services Purchases' includes payments to jails for State prisoner's medical costs.
The Department is authorized to utilize up to $1,400,000 of the Capital Outlay Interest Reserve of the Georgia Building Authority (Penal) for projects at the Georgia State Prison and Rogers Correctional Institution Complex.
C. Budget Unit: Board of Pardons and Paroles ...............................$
Board of Pardons and Paroles Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $

9,473,332
7,600,900 294,248 367,650 53,265 25,724 219,542

980

JOURNAL OF THE SENATE

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 ..................... $ 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 .................. $

20,000 574,473 217,730
19,800 80,000 9,473,332 9,473,332
385
7,600,900 294,248 367,650 53,265 25,724 219,542 20,000 574,473 217,730 19,800 80,000 385 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

THURSDAY, FEBRUARY 2, 1984

981

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 ............... $ 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
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 ......................... $

60,000 1,955
30,500 58,000 234,700 4,573,000
84,000
19,872,878
15,638,376 517,292 355,000 --0-- 29,120 114,126 --0-- 338,050 222,840 5,650 7,000
760,100 17,987,554 16,128,769
746
3,456,869 250,155 18,350 17,900 ---0-- 60,700 --0-- 246,895 52,000 224,100 --0-- 100,000
4,426,969 3,744,109
186
19,095,245

982

JOURNAL OF THE SENATE

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

767,447 373,350
17,900 29,120 174,826 --0-- 584,945 274,840 229,750 7,000 100,000
760,100 932 93

Provided, that of the above appropriation relating to Grants for 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 ... $ 54,552,913

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

331,436 27,319 15,000 --0-- 18,500 ---0-- 13,506 35,203 18,000 13,140 6,000 478,104 196,443
10

2. Administration Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $

3,542,043 1,520,920
96,000 --0-- 72,000 42,128

THURSDAY, FEBRUARY 2, 1984

983

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

--0-- --0-- 115,000
77,000 40,000 5,505,091 ---0--
5,472,273 170

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
2,841,807 4,278 66,000 500
466,582 185,000 75,000 714,000 10,894,841 1,500,000 9,394,841
310

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 4,695,172
23,800 2,945,207
144,000 236,051
--0-- 2,729 387,200 5,000 34,100 --0-- 35,273,725 150,000 35,123,725
992

5. Georgia Peace Officer Standards and Training Budget:

Personal Services ......................... $ 692,700

984

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 .................................$ 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 ............... $

81,103 28,000 ---0-- 16,000 --0-- 55,000 47,500 19,000 12,250
5,300 1,609,859 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
321,703 41,100 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

THURSDAY, FEBRUARY 2, 1984

985

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

8,700 --0-- 5,000 4,000 18,500 3,500 3,700 12,000 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 --0-- 3,000 2,500 500 --0--
111,053 111,053
3

Budget Unit Object Classes:

Personal Services ......................... $ 38,495,060 Regular Operating Expenses ............... $ 6,788,143

986

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 .................................$ Conviction Reports ....................... $ Peace Officers Training Grant.............. $ Driver License Processing ................. $ Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles

205,800 2,966,147
506,000 376,102 2,984,613 108,392 641,623 364,771 562,182 185,000 1,609,859 714,000 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.

THURSDAY, FEBRUARY 2, 1984

987

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 ................... $

11,986,153
168,053 11,818,100 11,986,153 11,986,153
168,053 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 ..................... $ 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 .................... $

4,432,078
780,083 42,210
5,271 ---0--
500 1,600 2,500 74,733 31,500 5,500 943,897 942,897
22
1,087,458 172,039 36,579 62,774 5,600 4,020 72,750 60,773 28,480 --0--
1,530,473

988

JOURNAL OF THE SENATE

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

1,530,473 47
1,427,728 47,914 54,288 7,776 1,200 5,640 7,338 76,849 31,500 487,000
2,147,233 1,958,708
50
3,295,269 262,163 96,138 70,550 7,300 11,260 82,588 212,355 91,480 492,500 119 26

Section 37. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction and University System Institutions ................. . . $ 554,428,528
1. Resident Instruction Budget:
Personal Services: Educ., Gen., and Dept. Svcs.............. $ 491,147,398 Sponsored Operations ................... $ 56,847,893
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ 120,084,530 Sponsored Operations ................... $ 60,045,157
Office of Minority Business Enterprise ..................... $ 302,030
Special Desegregation Programs ............ $ 292,548 Authority Lease Rentals .................. $ 13,370,000 Capital Outlay........................... $ 6,278,557

THURSDAY, FEBRUARY 2, 1984

989

Total Funds Budgeted .................... $ 748,368,113

Less Agency Funds:

Departmental Income ..................... $ 18,381,555

Sponsored Income ........................ $ 116,893,050

Other Funds............................. $ 145,255,569

Auxiliary Income ........................ $

--0--

Indirect Communication Charges ........... $ 3,027,300

State Funds Budgeted .................... $ 464,810,639

Total Positions Budgeted

16,871

Provided, that from appropriated funds in this budget unit, the amount of $13,370,000 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-

990

JOURNAL OF THE SENATE

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 l!/2% Personal Services continuation fac tor incorporated into the Resident Instruction appropria tion in this Appropriations Act be utilized to provide 2'/2% merit-type increases.
Provided, the Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment Purchases without approval of the Office of Planning and Budget or the Fiscal Affairs Sub-Com mittees.
2. Marine Resources Extension Center Budget:
Personal Services: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Total Funds Budgeted .................... $
Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted
3. Skidaway Institute of Oceanography Budget:
Personal Services: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Total Funds Budgeted .................... $
Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $

716,140 --0--
229,010 4,072
949,222
--0-- 4,072 139,500 9,800 795,850
28
912,307 800,000
535,070 943,750 3,191,127
--0-- 1,743,750
409,500

THURSDAY, FEBRUARY 2, 1984

991

Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

--0-- 1,037,877
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 .................... $

407,467 162,487
185,290 126,263 881,507

Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budget ...................... $ Total Positions Budgeted

288,750
592,757 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 .................... $

10,841,771 23,700,742
6,879,345 19,739,840
487,705 61,649,403

Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds. ............................ $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

--0-- 43,440,582 11,731,875
117,600 6,359,346
353

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 .................... $

1,230,447 35,000
686,099 15,000
581,611 2,548,157

992

JOURNAL OF THE SENATE

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 ................... $
Total Funds Budgeted .................... $
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.............. $ Sponsored Operations ................... $
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Total Funds Budgeted .................... $

--0-- 50,000 1,288,164 12,200 1,197,793
52
21,668,046 4,927,000
7,589,624 3,673,000 37,857,670
--0-- 8,600,000 6,839,745
95,900 22,322,025
861
24,772,546 4,590,000
3,295,629 2,010,000 34,668,175

Less Agency Funds: Departmental Income .......... Sponsored Income ............. Other Funds.................. Indirect DOAS Services Funding State Funds Budgeted ......... Total Positions Budgeted
9. Eugene Talmadge Memorial Hospital Budget:
Personal Services: Educ., Gen., and Dept. Svcs. Sponsored Operations ......
Operating Expenses: Educ., Gen., and Dept. Svcs. Sponsored Operations ......

6,600,000 5,460,000
126,700 22,481,475
962
56,352,798 2,819,815
23,616,746 670,000

THURSDAY, FEBRUARY 2, 1984
Capital Outlay--ETMH Renovations .........
Total Funds Budgeted ....
Less Agency Funds: Departmental Income ........... Sponsored Income .............. Other Funds................... Board of Corrections ........... Indirect DOAS Services Funding . State Funds Budgeted .......... Total Positions Budgeted
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.......... Fire Ant Research ............ Total Funds Budgeted .........
Less Agency Funds: Departmental Income .......... Sponsored Income ............. Other Funds Indirect DOAS Services Funding State Funds Budgeted ......... Total Positions Budgeted
11. Veterinary Medicine Teaching Hospital Budget:
Personal Services: Educ., Gen., and Dept. Svcs. Sponsored Operations ......
Operating Expenses: Educ., Gen., and Dept. Svcs. Sponsored Operations ......
Total Funds Budgeted .......
Less Agency Funds: Departmental Income ........... Sponsored Income .............. Other Funds................... Indirect DOAS Services Funding . State Funds Budgeted .......... Total Positions Budgeted

993
1,278,928 84,738,287
1,364,700 3,489,815 50,116,291 1,548,498
193,500 28,025,483
3,091
1,050,654
402,498 339,300 150,000 1,942,452
1,942,452 61
781,169
972,000 1,753,169
1,355,178 397,991 54

994

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

133,499
94,634
1,948,000 1,785,000
150,000 185,000 4,296,133 4,296,133
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 or otherwise designated may be used to begin a Family Practice Pro gram 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 .................... $

681,887
307,041 988,928

Less Agency Funds: Departmental Income .......... Sponsored Income ............. Other Funds.................. Indirect DOAS Services Funding State Funds Budgeted ......... Total Positions Budgeted

168,707 32

Budget Unit Object Classes:

Personal Services: Educ., Gen., and Dept. Svcs.. . Sponsored Operations ........

610,696,129 93,882,937

THURSDAY, FEBRUARY 2, 1984

995

Operating Expenses:

Educ., Gen., and Dept. Svcs.............. $ 164,877,516

Sponsored Operations ................... $ 87,227,082

Office of Minority

Business Enterprise ..................... $ 302,030

Special Desegregation Programs ............ $ 292,548

Fire Ant Research ....................... $ 150,000

Agricultural Research..................... $ 827,005

Advanced Technology

Development Center .................... $ 581,611

Capitation Contracts for

Family Practice Residency............... $ 1,948,000

New Program Development

Contracts for Family

Practice Residency ..................... $ 150,000

Residency Capitation Grants ............... $ 1,785,000

Student Preceptorships .................... $ 185,000

Authority Lease Rentals .................. $ 13,370,000

Capital Outlay--ETMH

Renovations ........................... $ 1,278,928

Capital Outlay........................... $ 6,278,557

Total Positions Budgeted

22,423

The object class Teachers Retirement has been in cluded in the object class Personal Services in this budget unit.

B. Budget Unit: Regents Central Office ........ $ 17,504,721

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 ....................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

3,227,215 609,139
5,667,400 547,500 500,000 200,000
6,563,467
190,000 17,504,721 17,504,721
100

Budget Unit Object Classes:

Personal Services ......................... $ Operating Expenses....................... $ SREB Payments ....................... $ Medical Scholarships ..................... $ Regents Opportunity Grants .............. $ Regents Scholarships ..................... $ Grants to Junior Colleges ................ $

3,227,215 609,139
5,667,400 547,500 500,000 200,000
6,563,467

996

JOURNAL OF THE SENATE

Rental Payments to Georgia Military College ....................... $
Total Positions Budgeted Authorized Motor Vehicles

190,000 100 0

Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $772 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student.
The object class Teachers Retirement has been in cluded in the object class Personal Services in this budget unit.
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

3,878,941
3,080,162 --0--
2,756,558 --0--
5,836,720
1,957,779 3,878,941
137
3,080,162 2,756,558
137 14

Section 38. Department of Revenue.
Budget Unit: Department of Revenue ....... $ 37,968,916
1. Departmental Administration Budget:
Personal Services ......................... $ 1,072,256

THURSDAY, FEBRUARY 2, 1984

997

County Tax Officials/Retirement and PICA............................. $
Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ Indirect Georgia Building
Authority Rents........................ $ State Funds Budgeted .................... $ Total Positions Budgeted
2. Motor Vehicle Administration Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Motor Vehicle Tag Purchases .............. $ Motor Vehicle Decal Purchases ............ $ Postage .................................$ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

979,118 168,563 16,000
9,290 12,600 11,796 9,000 --0-- 23,777 3,000
150 2,305,550
--0-- 2,285,550
32
5,296,782 481,450 1,500 ---0-- 315,000 37,947
2,738,542 --0-- 95,459
157,258 760,000 311,400
--0-- 10,195,338 1,689,168 8,506,170
243

Provided, that of the above appropriated amount re lating to motor vehicle tag purchases, $760,000 is desig nated and committed for use in contracting with the De partment of Offender Rehabilitation for the production of at least 760,000 motor vehicle tags, and for this purpose only.
Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Correctional Industries during tag production.
3. Property Tax Budget:
Personal Services......................... $

1,282,859

998

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 ............. $ 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.................................. $ 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

64,770 79,000 23,100 151,000 3,775 289,847 --0-- 21,063 145,000
1,430,000 12,300
3,502,714
--0-- --0-- 3,502,714
57
1,569,787 20,550 1,400 ---0-- 75,470 6,012 506,000 --0-- 29,113 ---0-- 100,500
2,308,832 350,600
1,958,232 83
741,230 5,450 1,000 --0-- 49,524 1,514
263,000
14,793
1,076,511
1,076,511 36

THURSDAY, FEBRUARY 2, 1984

999

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

2,813,050 50,700 3,000 --0-- 397,000 10,170
2,535,469 --0-- 44,249 ---0--
388,354 6,241,992 1,715,232 4,526,760
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
538,000 --0-- 3,200 3,200 4,000 --0-- 19,754 1,500 75
3,122,379 3,122,379
80

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

7,023,128 203,240 272,300 56,140 47,200 21,000 130,825 326,098 217,096 ---0-- 68,034
8,365,061 90,000
8,275,061 304

1000

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

1,464,336 184,770 800 23,670 360,000 56,438 144,000 998,828 14,700 33,773
1,434,224 4,715,539
--0-- 4,715,539
70

Budget Unit Object Classes:

Personal Services........................ $ County Tax Officials/Retirement
and FICA.............................. $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Loans to Counties/Property
Reevaluation .......................... $ Grants to Counties/Appraisal
Staff .................................$ Motor Vehicle Tag Purchases .............. $ Motor Vehicle Decal Purchases ........... $ Postage .................................$ Total Positions Budgeted Authorized Motor Vehicles

23,800,038
979,118 1,195,533
913,000 112,200 1,410,994 151,852 6,620,683 1,324,926 480,004 340,531
--0--
1,430,000 760,000 311,400
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 ........ $ Publications and Printing .................. $

12,683,347
992,534 84,791 4,824 --0-- 144,663

THURSDAY, FEBRUARY 2, 1984

1001

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 .................. $ Equipment Purchases ..................... $

4,575 8,991 122,227 33,554
225 36,839 1,433,223 1,433,223
41
2,105,811 237,372 23,992 --0-- 15,650 54,200 ---0-- 32,103 50,203 2,000 20,439 276,000
2,817,770 2,777,770
93
856,898 58,903 6,498 7,200 15,839 43,028 67,417 153,389 55,911 15,000 41,212 1,321,295 1,321,295
47
348,431 30,752
415 --0-- 13,810 ---0--

1002

JOURNAL OF THE SENATE

Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage ................................. $ Election Expenses ........................ $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
5. 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
6. 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 ..................$
7. State Campaign and Financial Disclosure Commission Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases .....................$ Computer Charges ....................... $

--0-- --0-- 9,936 75,350 4,510 470,000 953,204 953,204
14
549,059 34,854 4,110 --0-- 2,000
1,700 10,000 101,122 13,335 2,100
400 718,680 718,680
19
468,859 41,440 23,150 --0--
700 800 --0-- 10,764 8,800 1,745 2,500 558,758 558,758
15
86,177 3,643 1,180
3,057

THURSDAY, FEBRUARY 2, 1984

1003

Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
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

11,025 2,699 3,860 2,000 113,641 113,641
3
2,924,026 794,587 75,242 --0-- 75,000 16,023 92,294 237,774 98,022 353,808 140,000
4,806,776 4,806,776
130

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 .......... $ Pharmacy..................... $

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 58,769

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

$ 320,993

1004

JOURNAL OF THE SENATE

Physical Therapy .............. $ Podiatry ...................... $ Polygraph Examiners ........... $ Practical Nursing .............. $ Private Detective............... $ Psychologists .................. $ Recreation .................... $ Sanitarian .................... $ Speech Pathology .............. $ Used Car Dealers .............. $ Used Car Parts ................ $ Veterinary .................... $ Wastewater ................... $ Well Water ................... $

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

$$$$$$$$$$$$$$

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

Budget Unit Object Classes:

Personal Services ..................... .... $ 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

8,331,795 1,286,342
139,411 7,200
270,719
120,326 178,702 668,404
272,460 454,088 470,000
247,900
276,000 362 72

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

904,684
550,322 93,291 12,000 --0-- 25,000 5,000 93,531 33,600 17,400 74,540 904,684 904,684
27

THURSDAY, FEBRUARY 2, 1984

1005

Real Estate Commission Functional Budget

Real Estate Commission ....

State Funds $ 904,684

Cost of
Operations Pos. $ 945,634 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

550,322 93,291
12,000
25,000 5,000 93,531 33,600 17,400 74,540
27 11

Section 40. Georgia Student Finance Commission.

Budget Unit: Georgia Student Finance Commission .......

$ 15,889,720

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

2,126,410 276,780 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

1006

JOURNAL OF THE SENATE

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 ..................... $ Osteopathic Medical Loans ................ $ Georgia Military Scholarship
Grants ...............................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

3,200,000 10,695,000 3,640,505
137,500
37,000 54,000
64,000 17,828,005 15,636,720
--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 ......................... $ Osteopathic Medical Loans ................ $ Georgia Military Scholarship
Grants ................................$ Total Positions Budgeted Authorized Motor Vehicles

2,126,410 276,780 48,400 --0-- 55,000 17,310 66,220 87,690 320,000
3,200,000 10,695,000 3,640,505
37,000
137,500 54,000
64,000 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

THURSDAY, FEBRUARY 2, 1984

1007

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 colleges 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 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

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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 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

854,143
434,877 39,444 43,000 --0-- 12,369 4,150 --0-- 21,485 11,000 122,785 689,110 689,110 12
129,722 13,070 8,000 --0--
400 500 4,500 4,141 3,200 1,500 165,033 165,033
5

THURSDAY, FEBRUARY 2, 1984

1009

Budget Unit Object Classes:
Personal Services......................... $ Regular 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

564,599 52,514 51,000

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 ............. $

2,289,000
1,639,478 75,002 21,600 --0-- 48,825 12,600 443,089 111,000 53,485 266,000 80,000
1,015,000
1,274,000 5,040,079 2,289,000
65
1,639,478 75,002 21,600 --0-- 48,825 12,600 443,089 111,000 53,485 266,000

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JOURNAL OF THE SENATE

Postage .......................... Cost of Living Increases for
Local Retirement System Members Floor Fund for Local
Retirement Systems ............. Total Positions Budgeted Authorized Motor Vehicles

.$

80,000

. $ 1,015,000

. $ 1,274,000 65 1

Section 43. Department of Transportation.

Budget Unit: Department of Transportation ......................... $ 407,927,827

1. Planning and Construction Budget:

Personal Services ......................... $ 70,476,943

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........................... $ 446,836,614

Geodetic Control......................... $ 301,558

Total Funds Budgeted .................... $ 531,867,579

State Funds Budgeted .................... $ 180,621,361

Total Positions Budgeted

3,006

2. Maintenance and Betterments Budget:

Personal Services ......................... $ 61,668,922

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........................... $ 59,683,001

Total Funds Budgeted .................... $ 162,708,606

State Funds Budgeted .................... $ 159,511,824

Total Positions Budgeted

3,564

3. Facilities and Equipment Budget:

Motor Vehicle Equipment Purchases ........ $ 1,000,000 Equipment Purchases ..................... $ 2,163,420

THURSDAY, FEBRUARY 2, 1984

1011

Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

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 ........... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

9,231,651 960,097 95,000 --0-- 510,149 --0-- 599,500
1,058,245 275,766 245,974
24,710,358
3,712,000 41,398,740 40,966,740
338

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

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JOURNAL OF THE SENATE

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, the Office of Plan ning and Budget is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Ser vices and constitutionally appropriated to the Department of Transportation.
For lease rental obligations of the Department of Transportation to the Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence and for appropriations to the 'State of Georgia General Obligation Debt Sinking Fund' for the specific purpose of paying annual debt ser vice requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transporta tion.
For grants to counties for aid in county road con struction and maintenance to be distributed and dis bursed to various counties of the State by the Fiscal Divi sion of the Department of Administrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage infor mation is furnished by the Department of Transportation.
Provided, further, that a member of the governing authority of the county, designated by such authority,

THURSDAY, FEBRUARY 2, 1984

1013

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 .......................... $

301,558
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 HI, 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-

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JOURNAL OF THE SENATE

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 ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Outlay--Airport
Development .......................... $ Capital Outlay--Airport
Operational Improvements ............... $ Capital Outlay--Airport
Approach Aid ......................... $ Mass Transit Grants...................... $

499,165 512,900
11,000 --0--
200 363,000
1,392,988 1,008,615
16
680,935 45,657 13,500 ---0-- 22,000
400 --0-- --0-- 20,718 673,889
700,000
1,000,000
100,000 4,866,296

THURSDAY, FEBRUARY 2, 1984

1015

Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

8,123,395 3,436,824
22

9. Harbor Maintenance Budget:

Harbor Maintenance Payments ............. $ Spoilage Area Acquisition
Clearing and Preparation ................ $
Total Funds Budgeted .................... $ State Funds Budgeted .................... $

553,830
3,600,000 4,153,830
553,830

Budget Unit Object Classes:

Personal Services......................... $ 142,557,616

Regular Operating Expenses ............... $ 46,202,389

Travel ..................................$ 1,615,161

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 ............. $ 8,812,533

Capital Outlay........................... $ 506,650,815

Mass Transit Grants...................... $ 4,866,296

Grants to Municipalities .................. $ 9,317,000

Harbor Maintenance Payments............. $ 553,830

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......................... $ 301,558

Spoilage Area Acquisition

Clearing and Preparation ................ $ 3,600,000

Total Positions Budgeted

6,946

Authorized Motor Vehicles

4,800

For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety, the provision of air trans portation services, and for contractual expense for harbor maintenance.
Provided, that the Department of Transportation is authorized to retain such portion of its Air Transporta-

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JOURNAL OF THE SENATE

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 0/2) of the Nonfederal share when matching both Federal and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund partici pation. Provided, further, that the Department of Trans portation is authorized to utilize State Airport Develop ment Funds at 100% of the total cost of an individual airport project for airports owned by the State of Geor gia.
Provided, that $553,830 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 ...............................$ 12,532,108

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

3,158,904 65,486 84,500 --0-- 17,000 4,000 --0-- 188,768 55,500 8,000 32,200
3,614,358 3,367,829
142 1

THURSDAY, FEBRUARY 2, 1984

1017

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 .................... $

7,859,843 7,921,893 6,505,688

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 2,658,591

Budget Unit Object Classes:

Personal Services ......................... $ 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

3,158,904 65,486 84,500 --0-- 17,000 43,825 --0-- 188,768 55,500 8,000 --0-- 32,200
7,859,843
3,515,011
34,185 142 1

Section 45. Workers' Compensation Board. Budget Unit: Workers' Compensation Board $ 4,622,840

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JOURNAL OF THE SENATE

1. Workers' Compensation Administration Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

3,266,580 85,784 37,000 --0-- 34,000 10,000 225,420 383,596 71,875 35,716 61,900
4,211,871 4,196,871
129

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

347,693 8,830 10,000 --0-- 2,000 350 --0-- 29,896 8,200 12,500 6,500
425,969 425,969
15

Budget Unit Object Classes:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Positions Budgeted Authorized Motor vehicles

3,614,273 94,614 47,000 --0-- 36,000 10,350 225,420 413,492 80,075 48,216 68,400 144 1

THURSDAY, FEBRUARY 2, 1984

1019

Section 46. State of Georgia General Obligation Debt Sinking Fund.

A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) .................. $ 133,446,997

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New).................... $

8,553,000

Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,769,348 is specifically appropriated for the pur pose of financing the renovation, construction, reconstruc tion and equipping of buildings and facilities under the control of the State Board of Regents of the University System through the issuance of not more than $11,300,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $367,605 is specifically appropriated for the pur pose of constructing and equipping a Regional Youth De velopment Center in Evans County, Georgia, 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, $1,225,350 is specifically appropriated for the pur pose of financing the construction, reconstruction and equipping at the Georgia State Prison and Rogers Cor rectional Institution Complex in Tattnall County, Geor gia through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,695,770 is specifically appropriated for the pur pose of constructing, reconstructing, renovating and equipping of facilities at Southwestern State Hospital in Thomas County, Georgia through the issuance of not more than $11,000,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $882,252 is specifically appropriated for the pur pose of financing resurfacing and rehabilitation of the city and county road systems through the issuance of not more than $3,600,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking

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JOURNAL OF THE SENATE

Fund, $612,675 is specifically appropriated for the pur pose of financing the construction and equipping of a Re gional Youth Development Center in DeKalb County, Georgia, through the issuance of not more than $2,500,000 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 $2,800,000 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 48. 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 debtsinking 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 49. 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.

THURSDAY, FEBRUARY 2, 1984

1021

Section 50. 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 exper ienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
It is the further intent of this General Assembly that the Office of Planning and Budget utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Planning and Budget provide written notice to the members of the Appropria tions Committees of the Senate and House of Represent atives of the instances of noncompliance with the stated intent of this Section.
Section 51. 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 mine by Object Class the expenditures of each activity contained in this Appropriations Act.

Section 52. 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 53. No State appropriations authorized under this Act shall be used to continue programs cur rently funded by 100% Federal funds.

Section 54. 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.

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Section 55. 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 provi sion, 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 reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution in volved, an amount sufficient to satisfy such deficiency 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 56. 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, as amended by the Governor's Amended Budget Re port, 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

THURSDAY, FEBRUARY 2, 1984

1023

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 57. Wherever in this Act the term 'Budget Unit Object Classes' is used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit, and shall supersede the object classification shown in the Governor's Budget Report.

Section 58. It is the intent of the General Assem bly that for the purposes of this Act,
(1) Authorized motor vehicles are defined as sedans, pick-up trucks, vans, station wagons and any other such vehicles for street and highway use, and
(2) The number of authorized motor vehicles 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 59. 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 Sections of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.

Section 60. It is the intent of this General Assem bly that cost-of-living increases effective January 1, 1984 for retirees in the Employees Retirement System and for

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retirees in the Teachers Retirement System be limited to a maximum of $25.00 per month per retiree. In the event the Governor determines that the cost-of-living increases for retirees in either system cannot legally be so limited, this $25.00 per month limitation shall not apply to either system.

Section 61. TOTAL STATE FUND APPROPRIATIONS
State F.Y. 1984 .......................... $

3,960,829,559.

Section 62. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 63. All laws and parts of laws in conflict with this Act are hereby repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law with out his approval.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Starr of the 44th moved that the Senate adopt the Conference Committee report on HB 965.

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

Holloway Horton Howard Huggins Land Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd

THURSDAY, FEBRUARY 2, 1984

1025

Starr Stumbaugh Tate

Thompson Timmons Turner

Tysinger Walker

Those voting in the negative were Senators Hine, Hudgins and Kidd.

Those not voting were Senators Kennedy (presiding), Scott of the 36th and Trulock.

On the motion, the yeas were 50, nays 3; the motion prevailed, and the Senate adopted the Conference Committee report on HB 965.

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 1233. By Representative Lane of the 27th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to change the provisions relating to the mem bers of the Board of Directors of the Authority who are appointed by the governing authority of Fulton County.

HB 1375. By Representative Jones of the 78th:
A bill to abolish the office of treasurer of Butts County; to repeal an Act relating to the compensation and duties of the treasurer of Butts County.

The following bills of the House were read the first time and referred to committees:

HB 1233. By Representative Lane of the 27th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to change the provisions relating to the mem bers of the Board of Directors of the Authority who are appointed by the governing authority of Fulton County.
Referred to Committee on Federal, State and Community Affairs.

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HB 1375. By Representative Jones of the 78th:
A bill to abolish the office of treasurer of Butts County; to repeal an Act relating to the compensation and duties of the treasurer of Butts County.
Referred to Committee on Federal, State and Community Affairs.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 469. By Senator Coverdell of the 40th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sales of alcoholic bev erages on Sunday, so as to change the provisions relating to the sale of alco holic beverages on Sunday in public stadiums, coliseums, and auditoriums, in certain counties and municipalities.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen
SBrraonutnlteOyrf4^6thu
Cobb Coggin Coleman Coverdell Dawkins Dean

English Engram Fincher Gillis Greene
HSaarrnfJsSon
Hine Holloway Howard Hudgins Kidd Lester

McGill Peevy Perry Phillips Scott of 2nd
Scott of 43rd
_i? te Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Brannon Brown of 47th Burton Deal

Foster Garner Horton Huggins

Reddish Starr Thompson

THURSDAY, FEBRUARY 2, 1984

1027

Those not voting were Senators:

Kennedy (presiding) Land

McKenzie

Scott of 36th

On the passage of the bill, the yeas were 41, nays 11.
The bill, having received the requisite constitutional majority, was passed.
Senator Harris of the 27th introduced the doctor of the day, Dr. Samuel Brewton, of Thomaston, Georgia.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 478. By Senator Coggin of the 35th: A bill to amend Code Section 3-1-2 of the Official Code of Georgia Anno tated, relating to definitions in the "Georgia Alcoholic Beverage Code," so as to change the definitions of "malt beverage" and "wine".
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 Coggin

Hudgins Kidd

Those voting in the negative were Senators:

Allgood Barker 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 Hill Hine Holloway Horton Howard Huggins Land

Scott of 43rd Tysinger
Lester McGill McKenzie Peevy Perry Phillips Reddish Starr Stumbaugh Tate Thompson Timmons Trulock Turner Walker

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Those not voting were Senators Kennedy (presiding), Scott of 2nd and Scott of 36th.

On the passage of the bill, the yeas were 6, nays 47.

The bill, having failed to receive the requisite constitutional majority, was lost.

SB 480. By Senators Barnes of the 33rd, Trulock of the 10th and Dean of the 31st:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to change the definition of transacting business.

The Senate Committee on Governmental Operations offered the following amendment:
Amend SB 480 by adding after the word "employees" on line 4 of Page 1 the words "and officials".
By striking all of lines 14 through 19 of Page 2 and inserting in lieu thereof the following:
" '(2) (A) Except as otherwise provided in subparagraph (B) of this paragraph, it shall be unlawful for any public official who has limited 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 in terest to transact any business with the agency for which such public official serves.
(B) The provisions of subparagraph (A) of this paragraph shall not apply to:
(i) Any transaction made pursuant to sealed competitive bids;
(ii) Any transactions 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
(iii) Any transaction involving the lease of real property to or from any agency if such transaction has been approved by the State Properties Commission or the Space Management Division of the Department of Administrative Services.'"

On the adoption of the amendment, the yeas were 29, nays 11, and the amend ment was adopted.

Senator Barnes of the 33rd offered the following substitute to SB 480:

THURSDAY, FEBRUARY 2, 1984

1029

A BILL
To be entitled an Act to amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to change the definition of transacting business; to delete em ployees and officials from coverage under certain provisions; to stipulate who must make certain disclosures; to change when certain disclosures shall be made; to provide that certain transactions or activities between a public offi cial or employee or any business in which such public official or employee or any member of his family has a substantial interest and the state or any agency thereof do not have to be disclosed; 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 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, is amended by striking in its entirety paragraph (12) of Code Section 45-10-20, relating to definitions, which reads as follows:
"(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.",
and inserting in lieu thereof a new paragraph (12) to read as follows:
"(12) Transact business' or 'transact any business' means to 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 representa tive and means to purchase surplus real or personal property on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative."
Section 2. Said part is further amended by striking in its entirety Code Section 45-10-22, relating to prohibitions on transacting business, and inserting in lieu thereof a new Code Section 45-10-22 to read as follows:
"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 who has limited pow ers, 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 the agency for which such public official serves.
(b) The provisions of subsection (a) of this Code section shall not apply to:
(1) Any transaction made pursuant to sealed competitive bids;
(2) Any transaction when the amount of a single transaction does

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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 if such transaction has been approved by the State Properties 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."
Section 3. Said part is further amended by striking in its entirety Code Section 45-10-26 which reads as follows:
"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 an itemized list of that year's transactions with the dollar amount of each transaction reported and totaled, except for transactions provided for in paragraph (2) of subsection (b) of Code Section 45-10-24. Such disclos ure statements 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 pro vided for in Code Section 45-10-28.",
and inserting in lieu thereof a new Code Section 45-10-26 to read as follows:
"45-10-26. (a) Except as provided in subsection (b) of this Code section, any public official or employee whether for himself or on behalf of any business, or any business in which such public official or employee or any member of his family has a substantial interest who transacts bus iness with the state or any agency thereof shall disclose such transac tions. Such disclosure shall be submitted prior to January 31 each year to the Secretary of State on such forms as he shall prescribe and shall in clude an itemized list of the previous year's transactions with the dollar amount of each transaction reported and totaled. Such disclosure state ments shall be public records.
(b) The requirement to disclose certain transactions as provided in subsection (a) of this Code section shall not apply to any transaction when the amount of a single transaction does not exceed $250.00 and when the aggregate of all transactions does not exceed $9,000.00 per cal endar year.
(c) Any person who fails to file a disclosure statement as required in subsection (a) of this Code section shall be subject to the penalties pro vided for in Code Section 45-10-28."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

THURSDAY, FEBRUARY 2, 1984

1031

Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute offered by Senator Barnes of the 33rd, the yeas were 38, nays 0, and the substitute was adopted.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ruled that since the substitute offered by Senator Barnes of the 33rd was adopted, the amendment offered by the Senate Committee on Governmental Operations became moot.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd

Land Lester McGill
McKenzie Peevy Perry
Phillips Reddish Scott of 2nd
Scott of 43rd Starr Tate
Thompson Timmons
Trulock Turner Walker

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Bowen Kennedy (presiding)

Scott of 36th

Tysinger

On the passage of the bill, the yeas were 51, nays 1.

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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 1198. By Representatives Pinkston of the 100th, Beck of the 148th, Smyre of the 92nd and others:
A bill to amend Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, so as to provide a unified and orderly method of permitting limited interstate banking on a regional basis.
The following resolution of the Senate was read and put upon its adoption:

SR 361. By Senators Allgood of the 22nd, Kennedy of the 4th and Starr of the 44th:
A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, February 3, 1984, and to reconvene at 10:00 o'clock A.M. on Monday, February 6, 1984; and also adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, February 10, 1984, and to recon vene at 10:00 o'clock P.M. on Monday, February 13, 1984.

On the adoption of the resolution, 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 Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin

Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris

Harrison Hill Hine Holloway Horton Howard Huggins Kidd Land Lester McGill McKenzie Peevy

THURSDAY, FEBRUARY 2, 1984

1033

Perry
Phillips Reddish Scott of 2nd Scott of 43rd

Starr
Stumbaugh Tate Thompson Timmons

Trulock Turner Tysinger Walker

Those not voting were Senators:

Hudgins

Kennedy (presiding)

Scott of 36th

On the adoption of the resolution, the yeas were 53, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Scott of the 43rd moved that the following resolution of the Senate, hav ing been read the third time on January 16 and placed on the Table, be taken from the Table and put upon its adoption:

SR 19. By Senator Scott of the 43rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for conditions and limitations whereby a county, municipality, or other political subdivision may incur debt without the necessity of a referendum; to provide for the submission of this amendment for ratification or rejection.

On the motion, the yeas were 42, nays 0; the motion was prevailed, and SR 19 was taken from the Table and placed at the foot of the Senate General Calendar.

Senator Scott of the 43rd moved that the following bill of the Senate, having been read the third time on January 16 and placed on the Table, be taken from the Table and put upon its passage:

SB 353. By Senator Scott of the 43rd:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipali ties, and other governmental entities, so as to specify the terms and condi tions under which counties and municipalities may enter into certain multiyear lease, purchase, and lease purchase contracts.

On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 353 was taken from the Table and placed at the foot of the Senate General Calendar.

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The following general resolutions of the Senate, favorably reported by the commit tee, were read the third time and put upon their adoption:

SR 327. By Senator Coverdell of the 40th:
A resolution to ratify the proposed amendment to the United States Consti tution prohibiting the enactment of a law by the United States Congress to vary the compensation of Senators and Representatives until an election of Representatives shall have intervened.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brannon Brantley Burton Cobb Coggin Coleman Coverdell Dawkins Dean English Engram

Fincher Garner Gillis Harris Harrison Hine Holloway Horton Hudgins Huggins Kidd Land Lester McGill McKenzie

Perry Phillips Reddish Scott of 2nd 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

Deal Foster

Greene Peevy

Those not voting were Senators:

Barker Bryant

Hill Howard

Kennedy (presiding) Scott of 36th

On the adoption of the resolution, the yeas were 44, nays 6.

THURSDAY, FEBRUARY 2, 1984

1035

The resolution, having received the requisite constitutional majority, was adopted.

SR 332. By Senator Kidd of the 25th:
A resolution urging Congress to amend Title XX of the federal Social Se curity Act and urging the Secretary of Health and Human Services to pro mulgate regulations.

The Senate Committee on Governmental Operations offered the following substi tute to SR 332:

A RESOLUTION
Urging Congress to amend Title XIX of the federal Social Security Act and urging the Secretary of Health and Human Services to promulgate regulations; and for other purposes.
WHEREAS, the Congress of the United States has enacted legislation establishing the Medicaid Program; and
WHEREAS, the Secretary of Health and Human Services has promul gated regulations governing eligibility standards for Medicaid recipients and state participation in the Medicaid Program; and
WHEREAS, the Medicaid regulations provide that in the case of insti tutionalized individuals eligible for Medicaid coverage, such individual's in come, excluding a "personal needs allowance," must be applied to cover the cost of that individual's care; and
WHEREAS, the Medicaid regulations provide that the personal needs allowance must be at least $25.00 per month for the aged, blind, or disabled individual and at least $50.00 per month for an institutionalized couple if both spouses are aged, blind, or disabled and their income is considered available to each other in determining eligibility; and
WHEREAS, the amounts of personal needs allowance required to be protected by the Medicaid regulations have not been increased since Janu ary, 1974, although social security payments and inflation have increased substantially during that time period; and
WHEREAS, the increase in social security payments made on behalf of such institutionalized Medicaid recipients has been used solely to pay for the cost of such patients' care with no portion thereof being available to cover increases in the cost of the patients' personal needs.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that this body respectfully requests the Congress of the United States to enact legislation and requests the Secretary of Health and Human Services to pro mulgate regulations to increase the amounts of personal needs allowance re quired to be protected for institutionalized Medicaid recipients who are aged, blind, and disabled to at least $35.00 per month for individuals and $70.00 per month for institutionalized couples and to provide for periodic

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JOURNAL OF THE SENATE

automatic increases in such amounts based on the percentage increase in any social security assistance payments.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Speaker of the United States House of Representatives, to the President of the United States Senate, and to each and every member of the Georgia congressional delegation.

On the adoption of the substitute, the yeas were 31, nays 0, and substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coggin Coleman Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kidd

Lester McGill McKenzie Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Tate Thompson Timmons Turner Tysinger Walker

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Burton Coverdell Howard

Kennedy (presiding) Land Peevy

Scott of 36th Trulock

On the adoption of the resolution, the yeas were 47, nays 1.

THURSDAY, FEBRUARY 2, 1984

1037

The resolution, having received the requisite constitutional majority, was adopted by substitute.

SR 333. By Senator Kidd of the 25th:
A resolution urging Congress to amend Title XX of the federal Social Se curity Act and urging the Secretary of Health and Human Services to pro mulgate regulations.

The Senate Committee on Governmental Operations offered the following substi tute to SR 333:

A RESOLUTION
Urging Congress to amend Title XIX of the federal Social Security Act and urging the Secretary of Health and Human Services to promulgate reg ulations: and for other purposes.
WHEREAS, the Congress of the United States has enacted legislation establishing the Medicaid Program; and
WHEREAS, the Secretary of Health and Human Services has promul gated regulations governing eligibility standards for Medicaid recipients and state participation in the Medicaid Program; and
WHEREAS, the Medicaid regulations provide that in the case of insti tutionalized individuals eligible for Medicaid coverage, such individual's in come, excluding a "personal needs allowance" must be applied to cover the cost of that individual's care; and
WHEREAS, the Medicaid regulations provide that the personal needs allowance must be at least $25.00 per month for the aged, blind, or disabled individual and at least $50.00 per month for an institutionalized couple if both spouses are aged, blind, or disabled and their income is considered available to each other in determining eligibility; and
WHEREAS, the amounts of personal needs allowance required to be protected by the Medicaid regulations have not been increased since Janu ary, 1974, although social security payments and inflation have increased substantially during that time period; and
WHEREAS, the increase in social security payments made on behalf of such institutionalized Medicaid recipients has been used solely to pay for the cost of such patients' care with no portion thereof being available to cover increases in the cost of the patients' personal needs.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that this body respectfully requests the Congress of the United States to enact legislation and requests the Secretary of Health and Human Services to promulgate regulations to increase the amounts of personal needs allowance required to be protected for institution alized Medicaid recipients who are aged, blind, and disabled to at least $35.00 per month for individuals and $70.00 per month for institutionalized

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JOURNAL OF THE SENATE

couples and to provide for periodic automatic increases in such amounts based on the percentage increase in any social security assistance payments.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Speaker of the United States House of Representatives, to the President of the United States Senate, and to each and every member of the Georgia congressional delegation.

On the adoption of the substitute, the yeas were 33, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolu tion by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley 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 Hudgins Huggins Kidd

Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Tate Thompson Timmons Turner Tysinger Walker

Those voting in the negative were Senators Coverdell and Stumbaugh.

Those not voting were Senators:

Burton Howard

Kennedy (presiding) Land

Scott of 36th Trulock

On the adoption of the resolution, the yeas were 48, nays 2.

THURSDAY, FEBRUARY 2, 1984

1039

The resolution, having received the requisite constitutional majority, was adopted by substitute.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

SB 85. By Senator Barnes of the 33rd:
A bill to amend Code Section 14-2-63 of the Official Code of Georgia Anno tated, relating to venue in actions against corporations, so as to provide that corporations may be sued for torts, wrongs and injuries in the county where the cause of action originated.

Senator Barnes of the 33rd moved that the Senate adhere to the Senate substitute to SB 85, and that a Conference Committee be appointed.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to SB 85.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Barnes of the 33rd, Holloway of the 12th and Broun of the 46th.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage.

HB 571. By Representatives Dobbs of the 74th, Jackson of the 65th, Alford of the 57th and Lane of the lllth:
A bill to amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, known as the "Litter Control Law," so as to provide for posting of a cash bond or deposit of driver's license in lieu of incarceration, formal recognizance, or bail by persons arrested for violation of any litter law.
Senate Sponsor: Senator Perry of the 7th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins

Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Horton Hudgins Huggins Kidd

Land Lester McGill McKenzie Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Thompson Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Deal

Peevy

Tate

Holloway

Those not voting were Senators:

Howard Kennedy (presiding)

Scott of 36th

Trulock

On the passage of the bill, the yeas were 48, nays 4.

The bill, having received the requisite constitutional majority, was passed.

HB 706. By Representatives Ray of the 98th, Home of the 103rd, Pinkston of the 100th and others:
A bill to amend Code Section 15-16-1, relating to qualifications and training requirements of sheriffs, so as to change a provision relating to the qualifica tions and eligibility to hold the office of sheriff.
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:

THURSDAY, FEBRUARY 2, 1984

1041

Those voting in the affirmative were Senators:

Allgood Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coggin Coleman Coverdell Dawkins Dean English

Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kidd Land Lester McGill

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Tate Thompson Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Burton Deal

Engram Foster

Stumbaugh

Those not voting were Senators:

Barker Barnes Fincher

Howard Kennedy (presiding)

Scott of 36th Trulock

On the passage of the bill, the yeas were 44, nays 5. The bill, having received the requisite constitutional majority, was passed. The following bill of the House was read the first time and referred to committee:

HB 1198. By Representatives Pinkston of the 100th, Beck of the 148th, Smyre of the 92nd and others:
A bill to amend Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, so as to provide a unified and orderly method of permitting limited interstate banking on a regional basis.
Referred to Committee on Banking and Finance.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

1042

JOURNAL OF THE SENATE

At 12:32 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

FRIDAY, FEBRUARY 3, 1984

1043

Senate Chamber, Atlanta, Georgia Friday, February 3, 1984
Twenty-sixth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1323. By Representative Mangum of the 57th: A bill to create the Rockdale County Sheriff's Department Merit Board.

HB 1370. 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 1374. By Representative Jackson of the 65th:
A bill to provide that the judge of the Probate Court of Walton County shall serve as chief magistrate of the Magistrate Court of Walton County.

HB 1377. By Representative Jones of the 78th:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Lamar County.

HB 1379. By Representative Greene of the 130th:
A bill to amend an Act creating the office of commissioner of Webster County, so as to change the compensation of the commissioner of Webster County.

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JOURNAL OF THE SENATE

HB 1380. By Representative Greene of the 130th:
A bill to amend an Act creating the office of treasurer of Webster County, so as to change the compensation of said treasurer.

HB 1387. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to amend an Act reincorporating the City of Louisville in Jefferson County, so as to change the date of the regular municipal election.

HB 1386. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to amend an Act creating the State Court of Jefferson County, so as to change the provisions relating to the compensation of the judge and solici tor of the court.

HB 1388. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to provide for a board of commissioners of Jefferson County which shall consist of a chairman and four other members and shall be the gov erning authority of Jefferson County.

HB 1389. By Representatives Bargeron of the 108th and Ross of the 82nd: A bill to make provisions for the Magistrate Court of Jefferson County.

HB 1393. By Representatives Dover and Irvin of the llth:
A bill to amend an Act creating a board of commissioners for Habersham County, so as to change the provisions relative to the election of the mem bers of the board of commissioners.

HB 1400. By Representatives Thompson, Wilson and Cooper of the 20th and others: A bill to create the Cobb County Stadium Authority.

HB 1401. By Representative Birdsong of the 104th:
A bill to provide that residents of the City of Gordon who are 60 years of age or over shall be granted a homestead exemption from ad valorem taxa tion by said city.

HB 1402. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Jones County who is age 65 or older and who meets certain income qualifications.

FRIDAY, FEBRUARY 3, 1984

1045

HB 1403. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to reconstitute the membership of the board of education of Jones County.

HB 1404. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to amend an Act creating the board of commissioners of Jones County, so as to reconstitute the membership of the board.

HB 1405. By Representative Birdsong of the 104th:
A bill to amend an Act incorporating the City of Gray, so as to change the method of election of the aldermen of the City of Gray.

HB 1406. By Representative Yeargin of the 14th:
A bill to amend an Act incorporating the Town of Maxeys, so as to recreate and reincorporate the City of Maxeys.

HB 1407. By Representative Yeargin of the 14th:
A bill to amend an Act creating a new charter for the City of Lexington, so as to change the time for holding the municipal elections of said city.

HB 1408. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to continue in force and effect as part of the Constitution ratified at the general election in 1982 that Constitutional Amendment which autho rizes the use by the Bulloch County School System of the proceeds of any local sales and use tax levied within Bulloch County.

HB 1409. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act placing the sheriff of Bulloch County upon an an nual salary, so as to change the compensation of the sheriff's deputies and office clerk.

HB 1410. 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 1411. 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.

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JOURNAL OF THE SENATE

HB 1412. 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 1413. 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 compensation of the clerks.

HB 1414. By Representative Long of the 142nd:
A bill to amend an Act creating a new board of education of Grady County, so as to change the compensation of the members of said board.

HB 1415. By Representative Long of the 142nd:
A bill to amend an Act creating a board of commissioners for Grady County, so as to reapportion Grady County into five single-member districts.

HB 999. By Representatives Steinberg of the 46th, Walker of the 115th, Hooks of the 116th and Johnson of the 76th:
A bill to amend Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state or depart ments or agencies of the state, so as to delete certain obsolete provisions regarding the filing of claims arising prior to November 1, 1982, with the Claims Advisory Board.

HB 1249. By Representatives Bray of the 91st, Lee of the 72nd and Coleman of the 118th:
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 remove the official of the Department of Human Resources in charge of vocational rehabilitation from the classified service.

HB 1114. By Representative Cox of the 141st:
A bill to amend Code Section 21-2-234 of the Official Code of Georgia An notated, relating to the filing of certified lists of electors with clerk of supe rior court and Secretary of State and furnishing copies of such list, so as to change the provisions relating to the cost of furnishing a computer-run list or a computer tape containing such list.

HB 1135. By Representative Robinson of the 58th:
A bill to amend Part 3 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale of business opportunities, so as to provide additional definitions.

FRIDAY, FEBRUARY 3, 1984

1047

HB 1223. By Representatives Lambert of the 66th, Logan of the 67th, Milford of the 13th and others:
A bill to amend an Act providing a supplement to the salary of the judges of the Superior Courts of the Western Judicial Circuit, so as to change the supplementary compensation to be paid to each judge of the Superior Courts of the Western Judicial Circuit.

HB 1217. By Representatives Reaves of the 147th, Balkcom of the 140th, Godbee of the 110th and others:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to authorize the State Personnel Board to contract with the Georgia Development Authority for the inclusion in the health insurance plan of em ployees of the authority and their spouses and dependent children.

HB 1158. By Representatives Childs of the 53rd, Redding of the 50th and Steinberg of the 46th:
A bill to amend Code Section 21-3-133 of the Official Code of Georgia An notated, relating to the purging of the list of electors by municipalities main taining their own registration system, so as to require municipal registrars to purge the list of electors every two years.

HB 1132. By Representatives Holmes of the 28th and Coleman of the 118th:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licensure to carry a pistol or revolver, so as to extend to retired federal law enforcement officers the same exemption from fees which is allowed to state and local law enforcement officers.

HB 398. By Representative Phillips of the 125th:
A bill to amend Code Section 33-34-9 of the Official Code of Georgia Anno tated, relating to the pleading or recovering of damages for which compen sation is available for certain economic losses, so as to change the provisions enumerating the economic loss benefits covered by said Code Section.

The House has adopted, as amended, by the requisite constitutional majority the following resolution of the Senate:

SR 318. By Senators Stumbaugh of the 55th, Allgood of the 22nd, Cobb of the 28th and others:
A resolution to provide for line item appropriation of funds to the legislative branch of government.

1048

JOURNAL OF THE SENATE

The House has adopted by the requisite constitutional majority the following reso lution of the Senate:

SR 361. By Senators Allgood of the 22nd, Kennedy of the 4th and Starr of the 44th: A resolution relative to adjournment.

The House has adopted the report of the Committee of Conference on the follow ing bill of the House:

HB 965. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1983-84, known as the "General Appropriations Act," so as to change the revenue estimate and certain appropriations for the State Fiscal Year 198384.

The House has passed by the requisite constitutional majority the following bill of the Senate:

SB 410. By Senator Hill of the 29th:
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 the constitutional amendment duly ratified at the 1952 general election and proclaimed by the Governor to be a part of the Constitution of 1945, which amendment pro vided for the division of Troup County into school districts, the election of members of the county board of education from those school districts and their terms of office and qualifications, and the election and appointment by the county board of education of a superintendent of the county school sys tem and prescribed his qualifications and term of office.

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 513. By Senators Greene of the 26th, Harris of the 27th and Barker of the 18th:
A bill to amend Chapter 63 of Title 36 of the Official Code of Georgia Annotated, known as the "Resource Recovery Development Authorities Law," so as to authorize the granting of exclusive rights to certain parties with respect to functions relating to resource recovery.
Referred to Committee on Judiciary and Constitutional Law.

SB 514. By Senator Trulock of the 10th:
A bill to amend Code Section 20-3-391 of the Official Code of Georgia An notated, relating to the student incentive grant program, so as to provide

FRIDAY, FEBRUARY 3, 1984

1049

that students attending certain accredited proprietary institutions of higher education shall be eligible to apply for student incentive grants.
Referred to Committee on Education.

SB 515. By Senators Phillips of the 9th and Peevy of the 48th:
A bill to amend an Act to continue and re-create the State Court of Gwinnett County, as amended, so as to change the compensation of the judges of the state court.
Referred to Committee on Federal, State and Community Affairs.

SB 516. By Senators Stumbaugh of the 55th, Scott of the 43rd, Tysinger of the 41st and others:
A bill to provide for the funding of DeKalb Junior College and for the transfer of said college to the Board of Regents of the University System of Georgia after a transition period and for the operation of said college as a unit of the University System of Georgia.
Referred to Committee on Federal, State and Community Affairs.

SB 517. By Senator Kidd of the 25th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to create the Council of Magistrate Court Judges.
Referred to Committee on Judiciary and Constitutional Law.

SR 362. By Senator Coverdell of the 40th:
A resolution creating the Problem Drinker and Highway Safety Study Committee.
Referred to Committee on Public Safety.

The following bills of the House were read the first time and referred to committees:

HB 398. By Representative Phillips of the 125th:
A bill to amend Code Section 33-34-9 of the Official Code of Georgia Anno tated, relating to the pleading or recovering of damages for which compen sation is available for certain economic losses, so as to change the provisions enumerating the economic loss benefits covered by said Code Section.
Referred to Committee on Judiciary and Constitutional Law.

HB 999. By Representatives Steinberg of the 46th, Walker of the 115th, Hooks of the 116th and Johnson of the 76th:
A bill to amend Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state or depart-

1050

JOURNAL OF THE SENATE

ments or agencies of the state, so as to delete certain obsolete provisions regarding the filing of claims arising prior to November 1, 1982, with the Claims Advisory Board.
Referred to Committee on Appropriations.

HB 1114. By Representative Cox of the 141st:
A bill to amend Code Section 21-2-234 of the Official Code of Georgia An notated, relating to the filing of certified lists of electors with clerk of supe rior court and Secretary of State and furnishing copies of such list, so as to change the provisions relating to the cost of furnishing a computer-run list or a computer tape containing such list.
Referred to Committee on Governmental Operations.

HB 1132. By Representatives Holmes of the 28th and Coleman of the 118th:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licensure to carry a pistol or revolver, so as to extend to retired federal law enforcement officers the same exemption from fees which is allowed to state and local law enforcement officers.
Referred to Committee on Public Safety.

HB 1135. By Representative Robinson of the 58th:
A bill to amend Part 3 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale of business opportunities, so as to provide additional definitions.
Referred to Committee on Industry and Labor.

HB 1158. By Representatives Childs of the 53rd, Redding of the 50th and Steinberg of the 46th:
A bill to amend Code Section 21-3-133 of the Official Code of Georgia An notated, relating to the purging of the list of electors by municipalities main taining their own registration system, so as to require municipal registrars to purge the list of electors every two years.
Referred to Committee on Governmental Operations.

HB 1217. By Representatives Reaves of the 147th, Balkcom of the 140th, Godbee of the 110th and others:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to authorize the State Personnel Board to contract with the Georgia Development Authority for the inclusion in the health insurance plan of em ployees of the authority and their spouses and dependent children.
Referred to Committee on Governmental Operations.

FRIDAY, FEBRUARY 3, 1984

1051

HB 1223. By Representatives Lambert of the 66th, Logan of the 67th, Milford of the 13th and others:
A bill to amend an Act providing a supplement to the salary of the judges of the Superior Courts of the Western Judicial Circuit, so as to change the supplementary compensation to be paid to each judge of the Superior Courts of the Western Judicial Circuit.
Referred to Committee on Judiciary.

HB 1249. By Representatives Bray of the 91st, Lee of the 72nd and Coleman of the 118th:
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 remove the official of the Department of Human Resources in charge of vocational rehabilitation from the classified service.
Referred to Committee on Governmental Operations.

HB 1323. By Representative Mangum of the 57th: A bill to create the Rockdale County Sheriff's Department Merit Board.
Referred to Committee on Federal, State and Community Affairs.

HB 1370. 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 1374. By Representative Jackson of the 65th:
A bill to provide that the judge of the Probate Court of Walton County shall serve as chief magistrate of the Magistrate Court of Walton County.
Referred to Committee on Federal, State and Community Affairs.

HB 1377. By Representative Jones of the 78th:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Lamar County.
Referred to Committee on Federal, State and Community Affairs.

HB 1379. By Representative Greene of the 130th:
A bill to amend an Act creating the office of commissioner of Webster County, so as to change the compensation of the commissioner of Webster County.
Referred to Committee on Federal, State and Community Affairs.

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JOURNAL OF THE SENATE

HB 1380. By Representative Greene of the 130th:
A bill to amend an Act creating the office of treasurer of Webster County, so as to change the compensation of said treasurer.
Referred to Committee on Federal, State and Community Affairs.

HB 1386. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to amend an Act creating the State Court of Jefferson County, so as to change the provisions relating to the compensation of the judge and solici tor of the court.
Referred to Committee on Federal, State and Community Affairs.

HB 1387. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to amend an Act reincorporating the City of Louisville in Jefferson County, so as to change the date of the regular municipal election.
Referred to Committee on Federal, State and Community Affairs.

HB 1388. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to provide for a board of commissioners of Jefferson County which shall consist of a chairman and four other members and shall be the gov erning authority of Jefferson County.
Referred to Committee on Federal, State and Community Affairs.

HB 1389. By Representatives Bargeron of the 108th and Ross of the 82nd: A bill to make provisions for the Magistrate Court of Jefferson County.
Referred to Committee on Federal, State and Community Affairs.

HB 1393. By Representatives Dover of the llth, and Irvin of the llth:
A bill to amend an Act creating a board of commissioners for Habersham County, so as to change the provisions relative to the election of the mem bers of the board of commissioners.
Referred to Committee on Federal, State and Community Affairs.

HB 1400. By Representatives Thompson of the 20th, Wilson of the 20th, Cooper of the 20th and others:
A bill to create the Cobb County Stadium Authority.
Referred to Committee on Federal, State and Community Affairs.

FRIDAY, FEBRUARY 3, 1984

1053

HB 1401. By Representative Birdsong of the 104th:
A bill to provide that residents of the City of Gordon who are 60 years of age or over shall be granted a homestead exemption from ad valorem taxa tion by said city.
Referred to Committee on Federal, State and Community Affairs.

HB 1402. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Jones County who is age 65 or older and who meets certain income qualifications.
Referred to Committee on Federal, State and Community Affairs.

HB 1403. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to reconstitute the membership of the board of education of Jones County. Referred to Committee on Federal, State and Community Affairs.

HB 1404. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to amend an Act creating the board of commissioners of Jones County, so as to reconstitute the membership of the board. Referred to Committee on Federal, State and Community Affairs.

HB 1405. By Representative Birdsong of the 104th:
A bill to amend an Act incorporating the City of Gray, so as to change the method of election of the aldermen of the City of Gray. Referred to Committee on Federal, State and Community Affairs.

HB 1406. By Representative Yeargin of the 14th:
A bill to amend an Act incorporating the Town of Maxeys, so as to recreate and reincorporate the City of Maxeys. Referred to Committee on Federal, State and Community Affairs.

HB 1407. By Representative Yeargin of the 14th:
A bill to amend an Act creating a new charter for the City of Lexington, so as to change the time for holding the municipal elections of said city.
Referred to Committee on Federal, State and Community Affairs.

HB 1408. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to continue in force and effect as part of the Constitution ratified at the general election in 1982 that Constitutional Amendment which autho-

1054

JOURNAL OF THE SENATE

rizes the use by the Bulloch County School System of the proceeds of any local sales and use tax levied within Bulloch County.
Referred to Committee on Federal, State and Community Affairs.

HB 1409. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act placing the sheriff of Bulloch County upon an an nual salary, so as to change the compensation of the sheriff's deputies and office clerk.
Referred to Committee on Federal, State and Community Affairs.

HB 1410. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act creating the office of tax commissioner of Bulloch County, so as to change the compensation of the tax commissioner's assistants.
Referred to Committee on Federal, State and Community Affairs.

HB 1411. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act placing the clerk of the Superior Court of Bulloch County upon an annual salary, so as to change the compensation of the clerk's employees.
Referred to Committee on Federal, State and Community Affairs.

HB 1412. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act placing the Judge of the Probate Court of Bulloch County upon an annual salary, so as to change the compensation of the clerk.
Referred to Committee on Federal, State and Community Affairs.

HB 1413. 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 compensation of the clerks. Referred to Committee on Federal, State and Community Affairs.

HB 1414. By Representative Long of the 142nd:
A bill to amend an Act creating a new board of education of Grady County, so as to change the compensation of the members of said board. Referred to Committee on Federal, State and Community Affairs.

HB 1415. By Representative Long of the 142nd:
A bill to amend an Act creating a board of commissioners for Grady County, so as to reapportion Grady County into five single-member districts.
Referred to Committee on Federal, State and Community Affairs.

FRIDAY, FEBRUARY 3, 1984

1055

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 483. Do pass.
Respectfully submitted,
Senator Bond of the 39th 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 503. SB 505. SB 507. SB 508. HB 1119.

Do pass. Do pass. Do pass. Do pass. Do pass.

HB 1120. HB 1121. HB 1302. HB 1330. HB 1335.

Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 334. Do pass by substitute. HB 907. Do pass.

HB 910. Do pass.

Respectfully submitted,

Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the fol-

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JOURNAL OF THE SENATE

lowing bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 487. SB 497. SB 498. SR 347. SR 353.

Do pass.
Do pKass. Do pass.
Do pass.
Do pass.

HB 698. Do pass. uHB_ ,,96,,,9. ,,D.o pass.
HB 970' Do Pass' HB 1118. Do pass. Respectfully submitted, Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1036. Do pass by substitute.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 314. Do pass by substitute. SB 491. Do pass.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bills and resolutions of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:

FRIDAY, FEBRUARY 3, 1984

1057

HB 1144. HB 978. HB 979.

Do pass. Do pass. Do pass.

SR 306. Do not pass. SR 307 - Do Pass as amended.
Respectfully submitted, Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1170. Do pass. HB 1182. Do pass as amended.
Respectfully submitted,
Senator Coleman of the 1st District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 378. By Senator Burton of the 5th:
A bill to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehi cles, so as to provide an exemption from ad valorem taxation for motor vehi cles owned by a school or educational institution and used for the purpose of transporting handicapped or disabled students to or from such school or edu cational institution.

SB 408. By Senator Hine of the 52nd:
A bill to amend Article 5 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to life estates, so as to provide that a tenant for life may renounce any intention to adopt a child or children.

SB 432. By Senator Coggin of the 35th:
A bill to amend Code Section 5-6-45 of the Official Code of Georgia Anno tated, relating to supersedeas in criminal cases, so as to allow payment of a fine to be a condition of a supersedeas bond in certain cases.

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JOURNAL OF THE SENATE

SB 444. By Senators Barnes of the 33rd, Trulock of the 10th and Dean of the 31st:
A bill to amend Code Section 50-10-3 of the Official Code of Georgia Anno tated, relating to the Georgia Development Authority, so as to assign the Georgia Development Authority to the Department of Industry and Trade for administrative purposes only.

SB 477. By Senator Cobb of the 28th:
A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment requirements for motor vehicles, so as to make it unlawful for any resident person to operate a mo tor vehicle in this state which has material and glazing applied or affixed to the front windshield which reduces light transmission through the wind shield or which has material and glazing applied or affixed to the front door windows which reduces light transmission through the window to less than 32 percent.

SB 488. By Senator Foster of the 50th:
A bill to amend Code Section 20-2-794 of the Official Code of Georgia An notated, relating to qualifications, oaths, and expenses of members of the Professional Practices Commission, so as to change the maximum amount of per diem expense reimbursement.

SB 492. By Senator Dawkins of the 45th:
A bill to amend an Act providing for a public defender for Rockdale County, as amended, so as to change the compensation of the public de fender; to provide an effective date.

SB 494. By Senators Peevy of the 48th and Phillips of the 9th:
A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, as amended, so as to change the provisions relating to the supplement of the salary of each of the judges of the Superior Court of Gwinnett Judicial Circuit from the funds of Gwin nett County.

SB 495. By Senator Foster of the 50th:
A bill to provide for authority; to continue in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1982 general election, and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, which amendment pro vides that unless the joint county and municipal sales and use tax is ap proved for imposition within Towns County prior to November 1, 1982, then the Board of Education of the Towns County School District shall be re quired to impose, levy, and collect a 1 percent sales and use tax for educa tional purposes and to adjust millage rate limitations upon and the millage rate levied by the Towns County School District on and after January 1, 1984, to take into account the proceeds received from the tax by the school district for the preceding year; to provide an effective date.

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1059

SB 500. By Senator Garner of the 30th:
A bill to amend an Act placing the coroner of Carroll County on an annual salary, as amended, so as to change the compensation of the coroner of Carroll County.

SB 502. By Senator Kidd of the 25th:
A bill to amend an Act creating county courts (now state courts) in certain designated counties of this state, as amended, so as to change the compensa tion provisions relating to the judge and the solicitor of the State Court of Baldwin County.

SB 504. By Senators Foster of the 50th, Barnes of the 33rd, Dean of the 31st and others:
A bill to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory school attendance, so as to extensively revise said subpart.

SR 303. By Senators Greene of the 26th, Broun of the 46th, English of the 21st and Foster of the 50th:
A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizen's advisory council thereto.

SR 326. By Senators Cobb of the 28th, Timmons of the 11th, Harris of the 27th and others:
A resolution designating Tuesday, February 14, 1984, as "Law Enforcement Officer Day in the State of Georgia".

SR 352. By Senators Holloway of the 12th, Kennedy of the 4th, Allgood of the 22nd and Coverdell of the 40th:
A resolution creating the Senate Fiscal and Administrative Affairs Study Committee.

HB 390. By Representative Murphy of the 18th:
A bill to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense of indigents, so as to provide that no action for damages shall be brought against any attorney licensed to prac tice law in this state as a result of any act or omission by such attorney in his representation of any indigent person in any criminal proceeding under certain circumstances.

HB 431. By Representative Murphy of the 18th:
A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil procedure, so as to provide that when an action is dismissed for want

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of prosecution the plaintiff may within six months recommence the action upon the same footing as to limitation as the original action.

HB 815. By Representatives Phillips of the 93rd and Cummings of the 17th:
A bill to amend Subpart 2 of Part 2 of Article 16 Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school discipli nary tribunals, so as to require the board of education of each county, area, or independent school system to adopt certain mandatory procedures follow ing certain instances of alleged conduct on the part of students directed to ward teachers or other school officials or employees or certain property.

HB 871. By Representatives Birdsong of the 104th, Moore of the 139th and Crosby of the 150th:
A bill to amend Code Section 36-81-7 of the Official Code of Georgia Anno tated, relating to requirements for local government audits, so as to provide for review of audit reports by the state auditor for compliance with audit requirements.

HB 872. By Representatives Russell of the 64th and Adams of the 79th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to require a state agency to pay certain fees and costs to certain persons who have incurred expenses as a result of agency legal proceedings and hearings.

HB 883. By Representative Russell of the 64th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedures, so as to provide that state agencies shall reduce the economic impact of proposed rules on small busi ness by taking certain actions prior to adoption of rules.

HB 950. By Representative Buck of the 95th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to bail generally, so as to authorize courts of inquiry to estab lish schedules of bail for certain offenses.

HB 952. By Representative Buck of the 95th:
A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," so as to authorize the Georgia Safety Fire Commissioner to enter into reciprocal agreements with other states; to change certain requirements for obtaining a certificate.

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1061

HB 984. By Representatives Chambless of the 133rd, Davis of the 45th, Childs of the 53rd and Steinberg of the 46th:
A bill to amend Code Section 29-2-84 of the Official Code of Georgia Anno tated, relating to procedures for obtaining letters of dismission, so as to pro vide for alternative procedures for guardians of minor wards.

HB 989. By Representatives Crosby of the 150th, Phillips of the 120th, Burruss of the 20th and Hooks of the 116th:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia An notated, relating to preferential ad valorem tax assessment of tangible real property devoted to agricultural purposes, so as to require that property which is subject to preferential assessment be separately classified from all other property on the tax digest.

HB 998. By Representatives Thomas of the 69th, Johnson of the 70th, Childs of the 53rd and others:
A bill to amend Code Section 16-6-4 of the Official Code of Georgia Anno tated, relating to the offense of child molestation, so as to provide that when child molestation involves physical injury to the child or an act of sodomy it shall constitute the offense of aggravated child molestation.

HB 1046. By Representatives Coleman of the 118th, Ramsey of the 3rd, Hanner of the 131st and others:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, relating to employment and training of law enforcement officers, so as to require the chiefs of police or department heads of law enforcement units to take annual training.

HB 1106. By Representatives Patten of the 149th, Beck of the 148th, Long of the 142nd and others:
A bill to amend an Act providing for a supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit, so as to increase the supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit and to provide for the payment of such supplement in specified amounts by the counties comprising the South ern Judicial Circuit.

HB 1111. By Representatives Karrh of the 109th, Oliver of the 1st, Groover of the 99th and Walker of the 115th:
A bill to amend Code Section 44-7-56 of the Official Code of Georgia Anno tated, relating to appeals of judgments in dispossessory proceedings, so as to provide that after the notice of appeal is filed with the clerk of the trial court, the clerk shall immediately notify the trial judge of the notice of ap peal and the trial judge may, within 15 days, supplement the record with findings of fact and conclusions of law which will be considered as part of the order of the judge in that case.

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HB 1194. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act creating the Notla Water Authority, so as to define the geographic boundaries of the service area of the authority.

HB 1272. By Representatives Argo of the 68th, Logan of the 67th, Milford of the 13th and Clark of the 13th:
A bill to create a board of elections and registration in Clarke County.

HB 1275. By Representatives Argo of the 68th, Logan of the 67th, Milford of the 13th and Clark of the 13th:
A bill to make provisions for the Magistrate Court of Clarke County.

HB 1306. By Representatives Watts of the 41st and Murphy of the 18th:
A bill to amend an Act creating the board of commissioners of Paulding County, so as to change the compensation of the chairman of the board of commissioners.

HB 1310. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to amend an Act incorporating the City of Lake City in the County of Clayton, so as to change the terms of office of the mayor and members of the council.

The President called for the morning roll call, and the following Senators an swered to their names:

Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th
nBCou^brftb"on! Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harfis
Harrison l
Hine Holloway Horton Huggins Kennedy Kidd

Land Lester McGill Peevy Perry Phillips Reddish Scott of 2nd
ST_caotett of 43rd Thompson Timmons Trulock Turner Tysinger Walker

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1063

Those not answering were Senators:

Bond Howard Hudgins

McKenzie Scott of 36th

Starr Stumbaugh

Senator Barker of the 18th introduced the chaplain of the day, Reverend Glynn Grantham, pastor of the First Assembly of God Church, Warner Robins, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 359. By Senator Dawkins of the 45th: A resolution in memory of Edgar C. Morgan, Jr.

SR 360. By Senator Brannon of the 51st: A resolution relative to the Georgia Association of Media Assistants (GAMA).
Senator Brannon of the 51st introduced to the Senate Ms. Ethelene Jones and others of the Georgia Association of Media Assistants.
SENATE RULES CALENDAR
Friday, February 3, 1984
TWENTY-SIXTH LEGISLATIVE DAY
SB 446 Annexation--define municipal corporation (AMENDMENT) (Gov Op--37th)
SB 28 Veterans Administration Patients--transfer (AMENDMENT) (Hum R--23rd)
SB 213 Industry and Trade--create Governor's Export Council (SUBSTI TUTE) (AMENDMENT) (ED&T--40th)
SB 319 Deceased Hospital Patient--transfer of property by hospital (AMENDMENT) (Hum R--30th)
SB 339 Selling, Furnishing Alcoholic Beverages to Minor--parent may sue (J&CL--40th)
SB 374 Protection of Disabled Adults--change provisions on need for (Hum R--15th)
SB 387 Alcoholic Beverages--quantity one may transport when taxes not paid (SUBSTITUTE) (I&L--12th)
SB 401 Health Records--person designated by patient may be provided with (Hum R--34th)
SB 430 County Boards of Health--may provide environmental health ser vices (AMENDMENT) (Hum R--3rd)

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SB 454 SB 455 SB 473 SB 482 SR 341 SR 344 HB 960 HB 977 HB 995 HB 1102 HB 1103 HB 1152 HB 1232 HR 522

Registered Professional Sanitarians--education program for license renewal (AMENDMENT) (Hum R--42nd)
Clinical Records--change certain conditions for release (Hum R--42nd)
Personal Care Homes--redefine, licensure and inspection (Hum R--18th)
Taking Fish, Crustaceans, Mollusks--use of seines (NREQ--3rd)
Law Enforcement on Motor Vehicle Safety--urge increased enforce ment (J&CL--26th)
Jenkins County Property Conveyance--change terms and conditions (SUBSTITUTE) (Pub U--21st)
Certain Campaign Financial Disclosure Reports--file with election superintendent (SUBSTITUTE) (Gov Op--25th)
Sheriffs' Retirement Fund Board of Commissioners--composition (AMENDMENT) (Ret--8th)
Board of Dispensing Opticians--continue but later terminate (Gov Op--25th)
Professional Services Fees Paid by State Agencies--copies of state ments (Gov Op--25th)
Board of Architects--applicant qualifications (Gov Op--25th)
Part-Time Public Officials--may buy certain surplus property (Gov Op--33rd)
Registered Animal Technicians--change provisions on examination exemptions (Ag--24th)
MARTA--change provisions on repeal of resolution creating (Trns--1st)

Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

The following general bill of the Senate, having been read the third time on Janu ary 26, 1984, and postponed until February 2, 1984, was put upon its passage:

SB 446. By Senators Harrison of the 37th and Brantley of the 56th:
A bill to amend Code Section 36-36-20 of the Official Code of Georgia An notated, relating to the definition of a municipal corporation for the purpose of annexation pursuant to application of 60 percent of landowners and elec tors, so as to provide that such definition shall not include certain municipal ities having independent school systems.

Senator Harrison of the 37th offered the following amendment:
Amend SB 446 by striking from Page 2, line 5 the figure "3,800" and inserting in lieu thereof the figure "3,600".

FRIDAY, FEBRUARY 3, 1984

1065

By inserting immediately preceding the period following the word "located" where the same appears on Page 2, line 10 the following:
", provided such county school system has an average daily attend ance exceeding 45,000 at the time of the adoption of the annexing ordi nance as provided in Code Section 36-36-27".

On the adoption of the amendment, the yeas were 28, nays 2, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Harrison Holloway Horton Howard Hudgins Muggins Kennedy Kidd

Land Lester McGill Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Thompson Trulock Tysinger Walker

Those voting in the negative were Senators:

Barnes Harris Hill Hine

McKenzie Peevy Perry

Stumbaugh Timmons Turner

Those not voting were Senators:

Bond Bowen

Broun of 46th

Greene

On the passage of the bill, the yeas were 42, nays 10.

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The bill, having received the requisite constitutional majority, was passed as amended.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 28. By Senator Lester of the 23rd: A bill to amend Code Section 37-3-102 of the Official Code of Georgia An notated, relating to the transfer of patients to the custody of the federal agencies for diagnosis, care, or treatment, so as to direct the department to transfer patients eligible for hospital care or treatment by the United States Veterans' Administration or any other federal agency directly to the custody of the nearest such agency for diagnosis, care, or treatment.
The Senate Committee on Human Resources offered the following amendment:
Amend SB 28 by adding after the semicolon on line 8 of Page 1 the following:
"to provide for certain patient evaluations;".
By adding after the period on line 4 of Page 2 the following:
"Upon notification from the superintendent or the chief medical of ficer of the United States Veterans' Administration Hospital for those patients therein who may require involuntary treatment pursuant to this chapter, the patient will be evaluated, while remaining in the physical custody of the United States Veterans' Administration Hospital, by the nearest emergency receiving facility."
On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barnes Brannon Brantley Broun of 46th Brown of 47th Bryant Burton

Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison

FRIDAY, FEBRUARY 3, 1984

1067

Hill Mine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Lester McGill McKenzie Peevy Perry Phillips Reddish 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

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following general bill of the Senate, having been read the third time on Janu ary 9, 1984, and committed to the Senate Committee on Economic Development and Tourism, and favorably reported by the committee, was put upon its passage:

SB 213. By Senators Coverdell of the 40th and Scott of the 36th:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Industry and Trade, so as to create the Governor's Export Council; to provide for the composition of the council and for its duties.

The Senate Committee on Economic Development and Tourism offered the follow ing substitute to SB 213:

A BILL
To be entitled an Act to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry and Trade, so as to create the Governor's Export Council; to provide for the composition of the council and for its duties; 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 50 of the Official Code of Georgia An-

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notated, relating to the Department of Industry and Trade, is amended by adding at the end thereof a new Article 3 to read as follows:
"ARTICLE 3
50-7-40. (a) There is created the Governor's Export Council, herein after referred to in this article as the 'council,' as an agency of the De partment of Industry and Trade.
(b) The council shall consist of 21 members appointed by the Gover nor subject to the following requirements:
(1) At least two members shall represent businesses in this state which have no more than 500 employees;
(2) At least two members shall represent businesses in this state which have more than 500 but less than 2,000 employees;
(3) At least one member shall represent labor in this state; and
(4) Members of the council shall be appointed to take office on July 1, 1983.
(c) Any resident of this state who is a member of the President's Export Council created by executive order of the President of the United States shall be named by the Governor as a member of the council to serve so long as such member remains a member of the President's Ex port Council. All other members of the council shall serve at the pleasure of the Governor.
(d) The commissioner of industry and trade shall serve as the execu tive secretary to the council, and the Department of Industry and Trade shall furnish such staff and other reasonable assistance to the council as the council may require in the performance of its duties.
(e) Members of the council shall receive no compensation for their services as members.
50-7-41. The council shall have the following duties:
(1) To use all resources available to it to enhance the international export capabilities of businesses and industries located in this state;
(2) To use all national and international resources available to it to search for and identify international export contracts for which busi nesses and industries located in this state are eligible to compete;
(3) To use computer resources to compile and maintain an inventory of the manufacturing capabilities for international export purposes of businesses and industries located in this state; and
(4) To develop and implement other programs that the council de termines are necessary to improve international export potential for busi nesses and industries located in this state."

FRIDAY, FEBRUARY 3, 1984

1069

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 Coverdell of the 40th offered the following amendment:

Amend the substitute to SB 213 offered by the Senate Committee on Economic Development and Tourism by
striking from line 4 of Page 2 the following: "1983",
and inserting in lieu thereof the following: "1984".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 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 Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Engrain Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins

Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh

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Tate Thompson Timmons

Trulock Turner

Not voting was Senator Bond.

Tysinger Walker

On the passage of the bill, the yeas were 55, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 319. By Senator Garner of the 30th: A bill to amend Article I 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 the transfer of property belonging to a patient which is in the possession of a hospital.
The Senate Committee on Human Resources offered the following amendment:
Amend SB 319 by adding on line 5 of Page 1 after the following:
"hospital",
the following:
"without impairing certain laws or instruments".
By striking the quotation marks on line 21 of Page 2.
By adding between lines 21 and 22 of Page 2 the following:
"(d) The provisions of any law of descent or distribution or any will or other instrument providing for disposition of property shall not be im paired by this Code section, and any person to whom property is trans ferred pursuant to this Code section may be required to transfer that property in conformity with the disposition of property required by such laws of descent or distribution or such will or other instrument.'"
On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.

FRIDAY, FEBRUARY 3, 1984

1071

Senators Garner of the 30th and Hine of the 52nd offered the following substitute to SB 319:
A BILL
To be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospi tals and related institutions, so as to provide for the transfer of property belonging to a patient which is in the possession of a hospital or nursing home without impairing certain laws or instruments; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related insti tutions, is amended by adding a new Code Section 31-7-11 at the end thereof to read as follows:
"31-7-11. (a) Whenever any person dies in a hospital licensed pursu ant to Chapter 7 of this title, in any federal hospital operating within this state, or any nursing home operated within this state, such hospital or nursing home shall be authorized but shall not be required to transfer possession of any property, tangible or intangible, of such patient which is in the possession of the hospital or nursing home, to the following persons:
(1) To the person designated by the patient in writing upon admis sion to the hospital or nursing home, if any;
(2) To the surviving spouse of the patient, if any;
(3) If no surviving spouse, to any adult child of the patient, and if no such adult child, to any person acting in loco parentis of any minor child;
(4) If no surviving spouse or surviving children, to either parent of the patient;
(5) If none of the above, then to any brother or sister of the patient; or
(6) If none of the above, to the person assuming responsibility for burial of the patient.
(b) The transfer of possession to the surviving spouse or any of the other family members or persons listed in subsection (a) of this Code section shall operate as a complete acquittal and discharge to the hospital or nursing home of liability from any suit, claim, or demand of whatever nature by any heir, distributee, or creditor of the patient, or any other person. Such distribution is authorized to be made as provided in this Code section without the necessity of administration of the estate of the patient and without the necessity of obtaining an order that no adminis tration of such estate is necessary.
(c) The transfer of possession provided for in this Code section shall in no way affect the legal ownership or title to any property so transferred.
(d) The provisions of any law of descent or distribution or any will

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or other instrument providing for disposition of property shall not be im paired by this Code section, and any person to whom property is trans ferred pursuant to this Code section may be required to transfer that property in conformity with the disposition of property required by such laws of descent or distribution or such will or other instrument."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute offered by Senators Garner of the 30th and Hine of the 52nd, the yeas were 33, nays 0, and the substitute was adopted.

The President ruled that since the substitute offered by Senators Garner of the 30th and Hine of the 52nd was adopted, the amendment offered by the Senate Com mittee on Human Resources became moot.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bryant

Harrison

Timmons

On the passage of the bill, the yeas were 53, nays 0.

FRIDAY, FEBRUARY 3, 1984

1073

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 339. By Senator Coverdell of the 40th:
A bill to amend Code Section 51-1-18 of the Official Code of Georgia Anno tated, relating to furnishing alcoholic beverages or gambling with underage or minor children, so as to provide that a parent shall have a right of action against a person who sells or furnishes alcoholic beverages to the parent's underage child for the child's use without the parent's permission.

Senator Mine of the 52nd offered the following amendment:
Amend SB 339 by adding a new paragraph (c) on Page 2, line 1 to read as follows:
"(c) As used herein, "parent" shall include any legal guardian of an underage child or children."

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon
?B,roun 6oyff 46thu Brown of 47th
CnB,ou,,br*tbo,.n,, Coggin Coleman Coverdell Dawkins Deal Dean

Engram Fincher Foster Gillis Greene Harris
HHiiln1e HoU()way
Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish
SSccootttt ooff 32n6dth Scott
Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

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Those not voting were Senators:

English Garner

Harrison

Timmons

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Bryant of the 3rd introduced the doctor of the day, Dr. Glen Carter, of Hinesville, Georgia.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 374. By Senator Hudgins of the 15th:
A bill to amend Chapter 5 of Title 30 of the Official Code of Georgia Anno tated, relating to the protection of disabled adults, so as to change the provi sions relative to reporting of need for protective services.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Deal Dean English Engram

Fincher Foster Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

FRIDAY, FEBRUARY 3, 1984

1075

Those not voting were Senators:

Bond Brannon Brantley

Coleman Garner Harrison

McGill McKenzie

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 387. By Senators Holloway of the 12th, Barker of the 18th and Cobb of the 28th:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change the quantities of alcoholic beverages an individual may possess and transport in this state upon which taxes have not been paid.

The Senate Committee on Industry and Labor offered the following substitute to SB 387:

A BILL
To be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change the quantities of alcoholic beverages an individual may possess and transport in this state upon which taxes have not been paid; to provide that each individual in certain situations shall be entitled to such exemption; to authorize the com missioner to prescribe by regulation for the identification of malt beverages; 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 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking subsection (a) of Code Sec tion 3-3-8, relating to the possession and transportation of lawfully pur chased alcoholic beverages upon which taxes have not been paid in this state, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) An individual may possess and transport in this state the following quantities of alcoholic beverages upon which the taxes imposed by this title have not been paid:
(A) In the case of distilled spirits, not in excess of one-half gallon;
(B) In the case of malt beverages, not in excess of 576 ounces or two standard cases of 12 ounce cans or the equivalent thereof or one 7.75 gallon keg or barrel; and

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(C) In the case of wine, not in excess of one-half gallon.
(2) Whenever alcoholic beverages upon which the taxes imposed by this title have not been paid are being transported in a motor vehicle, each individual in such motor vehicle who is authorized to possess alco holic beverages shall be entitled to the exemptions set forth in paragraph (1) of this subsection, and there shall be no presumption that all alco holic beverages in the motor vehicle are possessed by the owner or opera tor of the motor vehicle."
Section 2. Said title is further amended by striking Code Section 3-521, relating to the sale or possession of bottles or cans not having the pre scribed identification on crowns or lids and the alternate identification for use on certain imported bottles or containers, in its entirety and inserting in lieu thereof a new Code Section 3-5-21 to read as follows:
"3-5-21. (a) The commissioner may prescribe by regulation that no person engaged in the business of selling, manufacturing, or distributing malt beverages specified in this chapter, in bottles or cans may sell, offer for sale, or possess for the purpose of sale any bottles or cans containing such malt beverages unless the crowns or lids contain the word 'Georgia' or its abbreviation, such as 'GA.'
(b) The commissioner may prescribe an alternate identification for certain bottles or containers of malt beverages manufactured in a foreign country and which have been imported into this state by a licensed im porter, manufacturer, or wholesaler for resale."
Section 3. Said title is further amended by striking in its entirety par agraph (3) of Code Section 3-5-60, relating to levy and amount of taxes, and inserting in lieu thereof a new paragraph to read as follows:
"(3) A tax on all such beverages in excess of 576 ounces or two standard cases of 12 ounce size or the equivalent thereof or one 7.75 gallon keg or barrel of such beverages at the same rates of taxation as imposed in this part for other such beverages and on which the taxes are not otherwise imposed by either paragraph (1) or (2) of this Code section."
Section 4. This Act shall become effective July 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 36, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

FRIDAY, FEBRUARY 3, 1984

1077

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Hudgins Kennedy Kidd Land Lester

Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Thompson.

Those not voting were Senators:

Brannon Brown of 47th Bryant

Fincher Horton Howard

Huggins McGill McKenzie

On the passage of the bill, the yeas were 46, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1391. By Representatives Thompson, Wilson and Cooper of the 20th and others:
A bill to be known as the "Cobb Transportation Authority Act"; to create the "Cobb Transportation Authority".

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

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JOURNAL OF THE SENATE

The following general bills of the Senate, favorably reported by the committee, were read the third time and put upon their passage:

SB 401. By Senator Engram of the 34th:
A bill 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.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Muggins Kidd Lester McKenzie

Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Fincher

Foster Kennedy (presiding)

Land McGill

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 430. By Senators Bryant of the 3rd and Kennedy of the 4th:
A bill to amend Code Section 31-3-4 of the Official Code of Georgia Anno tated, relating to powers of county boards of health, so as to authorize

FRIDAY, FEBRUARY 3, 1984

1079

county boards of health to provide environmental health services and to charge and collect environmental health service fees.

The Senate Committee on Human Resources offered the following amendment:
Amend SB 430 by adding on line 5 of Page 1 after the following: "fees",
the following:
"under certain conditions".
By striking the semicolon on line 29 of Page 2 and inserting in its place the following:
". No fees for environmental health services may be charged unless the schedule of fees for such services has been approved by the county governing authority;".

On the adoption of the amendment offered by the Senate Committee on Human Resources, 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
CS BoryZ babnTt Coggin Dawkins Deal Dean English Engram

Fincher Foster Garner
Gillis Greene Harris Harrison
H.H..imlle Holloway Howard Hudgins Huggins Kidd Lester

McGill Peevy Perry
Phillips Reddish Scott of 2nd Scott of 36th
SS0c^taortrt of 43rd Stumbaugh Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Burton Coverdell

Horton Land

Thompson

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Those not voting were Senators:

Brannon Coleman

Kennedy (presiding)

Tate

McKenzie

On the adoption of the amendment, the yeas were 46, nays 5, and the amendment was adopted.

Senators Hudgins of the 15th and Land of the 16th offered the following amendment:
Amend SB 430 by adding a new Section 2 to read as follows:
"Section 2. This Act shall not apply to any consolidated government which includes both a county and all municipalities therein."
and by renumbering Section 2 as Section 3.

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to 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 Bryant Burton Cobb Coggin Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Howard Hudgins Kidd Lester

McGill McKenzie Perry Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Brantley Broun of 46th

Brown of 47th Coverdell

Horton Huggins

FRIDAY, FEBRUARY 3, 1984

1081

Land Peevy

Phillips Stumbaugh

Those not voting were Senators:

Thompson

Brannon Coleman

Kennedy (presiding)

Tate

On the passage of the bill, the yeas were 41, nays 11.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 454. By Senator Howard of the 42nd: A bill to amend Chapter 42 of Title 43 of the Official Code of Georgia Annotated, relating to registered professional sanitarians, so as to require completion of a continuing professional education program as a prerequisite for renewal of a license.
The Senate Committee on Human Resources offered the following amendment: Amend SB 454 by striking from line 23 of Page 1 the following: "15",
and inserting in lieu thereof the following: "ten".
By striking from line 3 of Page 2 the following: "is approved by the board",
and inserting in lieu thereof the following: "is approved by the head of the state agency".
By striking from line 12 of Page 2 the following: "15",
and inserting in lieu thereof the following: "ten".

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On the adoption of the amendment, the yeas were 28, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Harris Harrison Hill Hine Holloway Horton Howard Huggins Kidd Land Lester McGill

Those not voting were Senators:

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Broun of 46th Coleman

Greene Hudgins

Kennedy (presiding) Timmons

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following message was received from the House through Mr. Ellard, the Clerk thereof:

FRIDAY, FEBRUARY 3, 1984

1083

Mr. President:

The House has disagreed to the Senate amendment to the House substitute to the following bill of the Senate:

SB 372. By Senators Scott of the 43rd, Bond of the 39th, Tate of the 38th and others:
A bill to amend Code Section 1-4-1 of the Official Code of Georgia Anno tated, relating to legal holidays, so as to provide that the birthday of Martin Luther King, Jr. shall be a legal holiday; to repeal conflicting laws.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

SB 372. By Senators Scott of the 43rd, Bond of the 39th, Tate of the 38th and others:
A bill to amend Code Section 1-4-1 of the Official Code of Georgia Anno tated, relating to legal holidays, so as to provide that the birthday of Martin Luther King, Jr. shall be a legal holiday.

Senator Scott of the 2nd moved that the Senate recede from the Senate amend ment to the House substitute to SB 372.

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 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 Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

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Those voting in the negative were Senators Barnes and Harrison.

Those not voting were Senators:

Coleman Greene

Kennedy (presiding)

Timmons

On the motion, the yeas were 50, nays 2; the motion prevailed, and the Senate receded from the Senate amendment to the House substitute to SB 372.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 455. By Senator Howard of the 42nd:
A bill to amend Code Section 37-7-166 of the Official Code of Georgia An notated, relating to maintenance, confidentiality, and release of clinical records, so as to change certain conditions regarding the release of clinical records.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engrain Fincher Foster Garner Gillis Harris Harrison Hill Holloway Horton Howard Hudgins Huggins Kidd Land Lester

McGill Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Tysinger Walker

FRIDAY, FEBRUARY 3, 1984

1085

Those not voting were Senators:

Bond Bryant Greene

Hine Kennedy (presiding)

McKenzie Stumbaugh

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Lieutenant Governor Miller introduced Honorable Reuben Askew, a U. S. Presi dential candidate, who addressed the Senate.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 473. By Senator Barker of the 18th: A bill to amend Code Section 31-7-11 of the Official Code of Georgia Anno tated, relating to personal care homes, as enacted by an Act approved March 29, 1983, and redesignated as Code Section 31-7-12 by H.B. 1155 at the 1984 regular session, so as to change a definition.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the 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 Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Engrain Fincher Foster Gillis Greene Harris Harrison Hine Horton Huggins Kidd Land Lester

McGill Peevy Perry Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

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Those not voting were Senators:

Bond Brown of 47th Garner Hill

Holloway Howard Hudgins Kennedy (presiding)

McKenzie Phillips Timmons

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Scott of the 2nd introduced Dr. Eloise Sherman of Savannah, Georgia, to the Senate.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 482. By Senator Bryant of the 3rd: A bill to amend Code Section 27-4-112 of the Official Code of Georgia An notated, relating to the methods of taking fish, crustaceans, or mollusks gen erally, so as to change the areas where certain seines may be used.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Lester

McGill Peevy Perry Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

FRIDAY, FEBRUARY 3, 1984

1087

Those not voting were Senators:

Allgood Bowen Garner Hill

Hudgins Kennedy (presiding) Land

McKenzie Phillips Scott of 36th

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 amendment to the Senate substitute thereto:

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.

The House amendment was as follows:
Amend the Senate substitute to HB 199 by adding at the end of sub section "c" after the word "office" on line 4, Page 3, the following:
"so much of any notice filed prior to January 1, 1984, by an Appel late Court Judge or Justice in active service on that date which contained an agreement to resign on or before his 70th birthday shall be of no force and effect and such Judge or Justice shall stand released from such agreement and shall be entitled to the full benefits provided by this Code Section."

Senator Barnes of the 33rd moved that the Senate agree to the House amendment to the Senate substitute to HB 199.

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

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Broun of 46th
Brown of 47th Burton
Cobb Coggin Coverdell Dawkins
Deal
Dean English Engram
Fincher Foster Garner

Gillis
Greene Harris
Harrison Hine Holloway Horton
Howard
Huggins Kidd Land
Lester McKenzie Peevy

Perry
Reddish Scott of 2nd
Scott of 36th Scott of 43rd Starr Stumbaugh
Tate
Thompson Timmons Trulock
Turner Tysinger Walker

Those not voting were Senators:

Brantley Bryant Coleman

Hill Hudgins Kennedy (presiding)

McGill Phillips

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 199.

The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:

SR 274. By Senators Turner of the 8th, Coverdell of the 40th, Trulock of the 10th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly by law to change previously existing retirement or pension laws of this state to revise the provisions of said laws relating to retirement or pension benefits based on involuntary separation from employ ment as applied to present members of public retirement or pension systems.

The following Certification was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM: W. M. Nixon, State Auditor

FRIDAY, FEBRUARY 3, 1984

1089

DATE:

January 25, 1984

SUBJECT: Senate Resolution 274 Substitute (LC 7 561 OS) Involuntary Separation

This Resolution proposes an amendment to the Constitution of Georgia regarding involuntary separation as applied to present members of public retirement or pension systems in effect as of January 1, 1985. The amend
ment would allow the General Assembly to redefine involuntary separation from employment or provide additional or revise existing limitations or re strictions on the right to qualify for a retirement benefit based on involun tary separation from employment.

Any such changes would be allowed to affect persons who are members on or before January 1, 1985, and would not be subject to any law control ling the legislative procedures for the consideration of retirement or pension
bills. The amendment would also prohibit pension systems created after Jan uary 1, 1985 from granting pension benefits which are more favorable based on involuntary separation than when separation is voluntary. The amend
ment also defines creditable service and part-time service and prohibits granting credit for part-time service rendered on or after January 1, 1985.

This is to certify that according to the actuary for the Employees' Re tirement System, this is not a retirement bill under the provisions of House Bill 219 (1983 Session).

/s/ W. M. Nixon State Auditor

The House substitute to SR 274 was as follows:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly by law to change previously existing retirement or pen sion laws of this state to revise the provisions thereof relating to retirement or pension benefits based on involuntary separation from employment as ap plied to present members of public retirement or pension systems; and to provide restrictions on retirement or pension benefits based on involuntary separation from employment as applied to public retirement or pension sys tems created in the future; 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 HI, Section X of the Constitution is amended by adding at the end thereof a new Paragraph VI to read as follows:
"Paragraph VI. Involuntary separation, (a) Any public retirement or pension system provided for by law in existence prior to January 1, 1985, may be changed by the General Assembly to redefine involuntary separation from employment or to provide additional or revise existing limitations or restrictions on the right to qualify for a retirement benefit

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based on involuntary separation from employment or to make any combi nation of the foregoing changes.

(b) Any law enacted by the General Assembly pursuant to subparagraph (a) of this Paragraph may affect persons who are members of pub lic retirement or pension systems on January 1, 1985, and who became members at any time prior to that date.

(c) Any law enacted by the General Assembly pursuant to subparagraph (a) of this Paragraph shall not be subject to any law controlling legislative procedures for the consideration of retirement or pension bills,
including, but not limited to, any limitations on the sessions of the Gen eral Assembly at which retirement or pension bills may be introduced.

(d) No public retirement or pension system created on or after Janu ary 1, 1985, shall grant any person whose retirement is based on involun tary separation from employment a retirement or pension benefit more favorable than the retirement or pension benefit granted to a person
whose separation from employment is voluntary."

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: (1) Author ize the General Assembly by law to change previously existing public retirement or pension laws of this state to revise the provisions thereof relating to retirement or pension benefits based on involuntary separation from employment and to affect present members of public re tirement or pension systems as a result of the revision of such laws; and (2) Provide restrictions on retirement or pension benefits based on involuntary separation from employment as applied to public retirement or pension systems created in the future?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Senator Turner of the 8th moved that the Senate disagree to the House substitute to SR 274.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SR 274.

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1091

The following general resolutions of the Senate and bill of the House, favorably reported by the committees, were read the third time and put upon their passage:

SR 341. By Senators Greene of the 26th, Cobb of the 28th, Harris of the 27th and others:
A resolution urging the law enforcement agencies of this state to increase their enforcement of laws relative to the safety of motor vehicles.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Dawkins Deal Dean English

Foster Garner Gillis Greene Harris Hine Holloway Horton Hudgins Huggins Kidd Land Lester McGill McKenzie Peevy

Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh
T1aat(1>C
Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Bryant Coverdell

Engram Fincher Harrison

Hill Howard Kennedy (presiding)

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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The President resumed the Chair.

SR 344. By Senator English of the 21st:
A resolution to amend an Act authorizing the conveyance of certain real property located in Jenkins County to the City of Millen, so as to change the terms and conditions of said conveyance.

The Senate Committee on Public Utilities offered the following substitute to SR 344:

A RESOLUTION
To amend a Resolution (Res. Act No. 55) authorizing the conveyance of certain real property located in Jenkins County to the City of Millen, approved April 25, 1975 (Ga. L. 1975, p. 1511), so as to change the terms and conditions of said conveyance; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. A Resolution (Res. Act No. 55) authorizing the convey ance of certain real property located in Jenkins County to the City of Mil len, approved April 25, 1975 (Ga. L. 1975, p. 1511), is amended by striking therefrom the next to last paragraph, which was designated paragraph (4), and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) That the said tract or parcel of land shall be used only for public or other nonprofit purposes and uses, and in the event that this park is abandoned for these uses, it shall revert to the State."
Section 2. This Resolution 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 Resolution are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

FRIDAY, FEBRUARY 3, 1984

1093

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 Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Hudgins Kennedy Kidd Land Lester McGill

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Dawkins

Harrison Hill

Huggins

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.

HB 960. By Representatives Steinberg of the 46th, Bray of the 91st and Edwards of the 112th:
A bill to amend Code Section 21-5-5 of the Official Code of Georgia Anno tated, relating to the filing of campaign financial disclosure reports, so as to provide that certain campaign financial disclosure reports be filed with the election superintendent of the county.
Senate Sponsor: Senator Kidd of the 25th.
The Senate Committee on Governmental Operations offered the following substi tute to HB 960:
A BILL
To be entitled an Act to amend Code Section 21-5-5 of the Official Code of Georgia Annotated, relating to the filing of campaign financial dis closure reports, so as to provide that certain campaign financial disclosure reports be filed with the election superintendent of the county; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 21-5-5 of the Official Code of Georgia Anno tated, relating to the filing of campaign financial disclosure reports, is amended by striking said Code section in its entirety and inserting in its place a new Code Section 21-5-5 to read as follows:
"21-5-5. (a) (1) The candidate or the chairman or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office provided for in Code Section 21-5-2, except county and municipal offices, and the chairman or treasurer of every campaign committee designed to bring about the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or state-wide referendum shall file with the Secretary of State the required campaign financing disclosure reports. A candidate for any state office or the chairman or treasurer of his campaign committee shall file a copy of each of his reports with the election superintendent of the county of his residence.
(2) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election shall file a campaign financing disclosure report as prescribed by this chapter; provided, however, that such report shall only be required if such campaign committee has received contribu tions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00.
(3) A candidate for county office or the chairman or treasurer of his campaign committee shall file the required campaign financing disclosure reports with the election superintendent in the respective county of election.
(4) A candidate for municipal office or his campaign committee shall file the reports with the municipal clerk in the respective municipal ity of election or, if there is no clerk, with the chief executive officer of the municipality.
(b) All reports shall list the following:
(1) The amount, name, and mailing address of any person making a contribution of $101.00 or more, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fund-raising events;
(2) The name and mailing address and occupation or place of em ployment of any person to whom an expenditure of $101.00 or more is made and the amount and general purpose of such expenditure;
(3) When a contribution consists of a loan, advance, or other exten sion of credit, the report shall also contain the name of the lending insti tution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the

FRIDAY, FEBRUARY 3, 1984

1095

lending institution or party making the advance or extension of credit, the report shall specify it.
(c) Campaign committees which accept contributions or make ex penditures designed to bring about the nomination or election of a candi date shall file campaign financing disclosure reports 45 days and 15 days before the primary election and ten days after the primary election. Can didates in a general or special election campaign shall make such reports 15 days prior to the general or special election, and all candidates shall make a final campaign disclosure report not later than December 31 of the year in which the election occurs. All candidates shall have a five-day grace period in filing the required reports. The mailing of said reports by United States mail with adequate postage thereon, within the required filing time, shall be prima-facie evidence of filing. A report or statement required to be filed by this Code section shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. Each report required in the calen dar year of the election shall contain cumulative totals of all contribu tions which have been received and all expenditures which have been made in support of the campaign in question and which are required, or previously have been required, to be reported.
(d) In the event any candidate covered by this chapter has no oppo sition in either a primary or a general election and receives no contribu tion of $101.00 or more, said candidate shall only be required to make the initial and final report as required under this chapter.
(e) Where a candidate or campaign committee has accepted contri butions or made expenditures prior to March 5, 1974, the reports re quired by this Code section shall include such information as the records of the candidate or his committee show and such information as is other wise known to the candidate or members of his committee regarding such prior contributions and expenditures.
(f) A supplemental campaign financing disclosure report shall be filed by each person elected to an office covered by this chapter no later than December 31 of each year following the year in which the election occurs. If no contribution is received or expenditure made which is re quired to be reported under this chapter between the date of the last campaign financing report filed pursuant to this chapter and December 31 of any year, a supplemental campaign financing disclosure report shall not be required by this chapter.
(g) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public official shall file campaign financing disclosure reports with the Secretary of State as follows:
(1) An initial report shall be filed within 15 days of the date when the official recall petition forms were issued to the sponsors;
(2) A second report shall be filed 45 days after the filing of the initial report;

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(3) A third report shall be filed within 15 days after the expiration date for acquiring signatures on the recall petition;
(4) A final report shall be filed prior to December 31 of the year in which the recall election is held; and
(5) In the case of state officials or county officials, a copy of each of the reports shall also be filed with the election superintendent in the county of residence of the official sought to be recalled. In the case of municipal officials, a copy of the reports shall also be filed with the mu nicipal clerk in the municipality of residence of the official sought to be recalled or, if there is no clerk, with the chief executive officer of the municipality.
(h) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of a proposed constitutional amendment or a state-wide referen dum shall file a campaign financing disclosure report with the Secretary of State 15 days prior to the date of the election and shall file a final report prior to December 31 of the year in which the election is held.
(1) (1) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election shall file a campaign financing disclos ure report as prescribed by this chapter, provided that such report shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00. All advertising pertaining to referendums must identify the principal officer of said campaign commit tee by containing the name and title of the principal officer.
(2) If a campaign committee is required to file a report under para graph (1) of this subsection, said report shall be filed with the election superintendent of the county in the case of a county election or with the municipal clerk in the case of a municipal election. Any such report shall be filed 15 days prior to the date of the election; and a final report shall be filed prior to December 31 of the year in which the election is held.
(j) In any county in which the county board of elections does not maintain an office open to the public during normal business hours for five days a week, the reports required by this Code section shall be filed in the office of the judge of the probate court of that county."
Section 2. This Act shall become effective on January 1, 1985.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

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1097

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal Dean English

Engram Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Tysinger Walker

Those not voting were Senators:

Bond Dawkins

Fincher Harrison

Timmons Turner

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the House was read the first time and referred to committee:

HB 1391. By Representatives Thompson, Wilson and Cooper of the 20th and others:
A bill to be known as the "Cobb Transportation Authority Act"; to create the "Cobb Transportation Authority".
Referred to Committee on Federal, State and Community affairs.

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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 977. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-16-21 of the Official Code of Georgia An notated, relating to the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia, so as to change the composition of said board.
Senate Sponsor: Senator Turner of the 8th.

The following Certification was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM: W. M. Nixon, State Auditor

DATE:

January 6, 1984

SUBJECT: House Bill LC 7 5453 (HB 977) Sheriffs' Retirement Fund

This Bill would change the composition of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia. The new membership would consist of the State Auditor, one former sheriff who is receiving benefits as a retired beneficiary of the Fund, and four sheriffs who are active members of the Fund and have held the office of sheriff for at least four years. All mem bers, except the State Auditor, would be appointed by the Governor. This is in place of membership based on a person holding a specific position desig nated by current law and election by the Georgia Sheriffs' Association. The Bill also provides for dates the new members would take office and for the appointment of successors.

This is to certify that this is a nonfiscal retirement bill to the system.

/s/ W. M. Nixon State Auditor

The Senate Committee on Retirement offered the following amendment:
Amend HB 977 by striking on Page 3, line 6, the words "state auditor or his designee", and inserting in lieu thereof the following:
"Director of Fiscal Affairs, Department of Administrative Services".

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1099

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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal Dean

Engram Foster Garner Gillis Greene Harris Hill Hine Holloway Howard Huggins Kennedy Kidd Land Lester McGill

McKenzie Peevy Perry Phillips Reddish Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Dawkins English

Fincher Harrison Horton

Hudgins Scott of 2nd Timmons

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 995. By Representatives Childers of the 15th and Phillips of the 125th:
A bill to amend Code Section 43-29-22 of the Official Code of Georgia An notated, relating to termination of the State Board of Dispensing Opticians, so as to provide for the continuation of that board but to provide for the later termination of that board and the laws relating thereto.
Senate Sponsor: Senator Kidd of the 25th.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Dawkins Deal Dean Engram

Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Land Lester

McGill Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Coleman Coverdell

English Fincher Hudgins

McKenzie Trulock

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1102. By Representatives Pettit of the 19th, Thompson of the 20th and Maddox of the 7th:
A bill to amend Code Section 45-7-72 of the Official Code of Georgia Anno tated, relating to copies of statements disclosing professional services fees paid by state agencies, so as to delete certain provisions regarding copies of statements.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, FEBRUARY 3, 1984

1101

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 Deal Dean Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Tysinger Walker

Those not voting were Senators:

Allgood Bryant

English Hudgins

Trulock Turner

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1103. By Representative Lambert of the 66th:
A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Anno tated, relating to architects, so as to provide for a new name for the board; to change certain provisions relating to qualifications of applicants for examination.
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:

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Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Deal Dean Engram Fincher

Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Land Lester McGill

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Coverdell

Dawkins English

Hudgins Trulock

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1152. By Representatives Walker of the 115th, Groover of the 99th, Burruss of the 20th and others:
A bill to amend Code Section 45-10-24 of the Official Code of Georgia An notated, relating to prohibited transactions by part-time public officials with state-wide powers, so as to provide that purchases of surplus state property at public auction shall not be prohibited.
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

FRIDAY, FEBRUARY 3, 1984

1103

Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Dawkins Deal Dean Engram Fincher

Foster Garner Gillis Harris Harrison Hill Hine Holloway Howard Hudgins Huggins Kennedy Kidd Lester McGill

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Horton

Land

Stumbaugh

Those not voting were Senators:

Coleman Coverdell

English Greene

Scott of 36th

On the passage of the bill, the yeas were 48, nays 3.

The bill, having received the requisite constitutional majority, was passed.

HB 1232. By Representative Reaves of the 147th:
A bill to amend Code Section 43-50-52 of the Official Code of Georgia An notated, relating to applications for registration as veterinary technicians and examinations and exemptions from examinations therefor, so as to change the provisions relating to exemptions of certain applicants from the examination and certain other requirements for certification as registered animal technicians.
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:

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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 English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators Bond and Coverdell. On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed.

HR 522. By Representative Greer of the 39th:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions relating to the repeal of the resolution.
Senate Sponsors: Senators Coleman of the 1st and Coggin of the 35th.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

FRIDAY, FEBRUARY 3, 1984

1105

Foster Garner Gillis Greene Harris Hine Horton Howard Huggins Kennedy Kidd

Land Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th

Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Harrison Hill

Holloway

Hudgins

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Allgood of the 22nd moved that the Senate stand in recess from 12:35 o'clock P.M. until 5:00 o'clock P.M. at which time the Senate would stand adjourned pursuant to SR 361, adopted previously, until 10:00 o'clock A.M on Monday, February 6; the motion prevailed.

The President announced that the Senate would stand in recess from 12:35 o'clock P.M. until 5:00 o'clock P.M. at which time the Senate would stand adjourned pursuant to SR 361, adopted previously, until 10:00 o'clock A.M. on Monday, February 6.

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Senate Chamber, Atlanta, Georgia Monday, February 6, 1984
Twenty-seventh Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.

Senator Horton of the 17th reported that the Journal of the proceedings of Friday, February 3, had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1371. By Representative Maddox of the 7th:
A bill to amend an Act providing for the office of commissioner of Gordon County, so as to change the provisions relative to the composition of the commissioner districts.

HB 1372. By Representative Maddox of the 7th:
A bill to amend an Act creating a new board of education of Gordon County, so as to change the provisions relative to the composition of the board posts.

HB 1396. By Representative Mullinax of the 81st:
A bill to amend an Act creating the Downtown LaGrange Development Au thority, so as to change the limits of the Downtown LaGrange District.

HB 1397. By Representative Mullinax of the 81st:
A bill to amend an Act creating the State Court of Troup County, so as to change certain provisions relative to jurors.

MONDAY, FEBRUARY 6, 1984

1107

HB 1419. By Representatives Athon, Alford and Mangum of the 57th:
A bill to amend an Act creating the office of tax commissioner of Rockdale County, so as change the salary of the tax commissioner.

HB 1420. By Representatives Athon, Alford and Mangum of the 57th:
A bill to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensa tion, so as to change the salary of the judge of the probate court.

HB 1421. By Representatives Athon, Alford and Mangum of the 57th:
A bill to amend an Act placing the sheriff of Rockdale County upon an annual salary, so as to change the compensation of the sheriff.

HB 1422. By Representatives Athon, Alford and Mangum of the 57th:
A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of compensation, so as to change the automobile expense allowance of the coroner.

HB 1423. By Representatives Athon, Alford and Mangum of the 57th:
A bill to amend an Act creating a board of commissioners for Rockdale County, so as to change the compensation of the chairman and the other members of the board of commissioners.

HB 1424. By Representatives Athon, Alford and Mangum of the 57th:
A bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the salary of the clerk.

HB 1425. By Representative Edwards of the 112th:
A bill to provide that the Judge of the Probate Court of Marion County shall serve as chief magistrate of the Magistrate Court of Marion County.

HB 1426. By Representative Edwards of the 112th:
A bill to amend an Act abolishing the fee system of compensating the sheriff of Marion County and providing in lieu thereof an annual salary, so as to change the compensation of the deputy sheriff.

HB 1427. By Representative Lambert of the 66th:
A bill to provide that the judge of the Probate Court of Oconee County shall serve as chief magistrate of the Magistrate Court of Oconee County.

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HB 1428. By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th:
A bill to make provisions for the Magistrate Court of Houston County.

HB 1429. By Representatives Hirsch of the 96th, Buck of the 95th, Galer of the 97th and others:
A bill to amend an Act providing a charter for the county-wide government of Columbus, so as to change the manner of publication of certain ordinances.

HB 1433. By Representatives Cox of the 141st and Long of the 142nd:
A bill to amend an Act creating the Board of Commissioners of Decatur County, so as to change the composition of the board of commissioners.

HB 1435. By Representative Heard of the 43rd:
A bill to amend an Act placing the coroner of Fayette County on a salary in lieu of the fee system of compensation, so as to change the compensation of the coroner.

HB 1443. By Representatives Buck of the 95th, Hirsch of the 96th, Galer of the 97th and others:
A bill to amend an Act establishing the State Court of Muscogee County, so as to change the compensation of the judge, solicitor, and assistant solicitors of the state court.

HB 1444. By Representatives Buck of the 95th, Hirsch of the 96th, Galer of the 97th and others:
A bill to amend an Act establishing the Municipal Court of Columbus, so as to change the compensation of the judge, clerk, and marshal of the munici pal courts.

HB 1445. By Representatives Buck of the 95th, Hirsch of the 96th, Galer of the 97th and others:
A bill to amend an Act establishing a salary for the clerk of the Superior Court of Muscogee County, so as to change the compensation of the clerk of the superior court.

HB 1446. By Representatives Buck of the 95th, Hirsch of the 96th, Galer of the 97th and others:
A bill to amend an Act establishing a salary for the clerk of the Probate Court of Muscogee County, so as to change the compensation of the judge of the Probate Court of Muscogee County.

MONDAY, FEBRUARY 6, 1984

1109

HB 1447. By Representatives Buck of the 95th, Hirsch of the 96th, Galer of the 97th and others:
A bill to amend an Act establishing a salary for the sheriff of Muscogee County, so as to change the salary of the sheriff.

HB 1448. By Representatives Buck of the 95th, Hirsch of the 96th, Galer of the 97th and others:
A bill to amend an Act abolishing the offices of the tax receiver and tax collector of Muscogee County and creating the office of tax commissioner of such county, so as to change the compensation and the provisions relating to compensation of the tax commissioner of Muscogee County.

HB 1449. By Representatives Buck of the 95th, Hirsch of the 96th, Galer of the 97th and others:
A bill to amend an Act abolishing the fee system in the Superior Courts of the Chattahoochee Judicial Circuit, as applied to the office of district attor ney, and providing for the payment of the salary of said district attorney, so as to change the maximum compensation of the assistant district attorney.

HB 1450. By Representatives Buck of the 95th, Hirsch of the 96th, Galer of the 97th and others:
A bill to amend an Act providing that the County of Muscogee shall supple ment the salary of the judges of the Superior Court of the Chattahoochee Judicial Circuit, so as to change the amount of such supplement.

HB 1451. By Representatives Buck of the 95th, Hirsch of the 96th, Galer of the 97th and others:
A bill to amend an Act providing a supplement to the salary of the district attorney of the Chattahoochee Judicial Circuit, so as to change the amount of the supplement.

HB 1452. By Representatives Williams and Foster of the 6th and Ramsey of the 3rd: A bill to make provisions for the Magistrate Court of Whitfield County.

HB 1454. By Representatives Chance of the 129th and Mueller of the 126th:
A bill to make provisions for the Magistrate Court of Bryan County; to provide for the method of selection of magistrates.

HB 1456. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act entitled "An Act for the election and creation of a board of county commissioners for the County of Screven, so as to change the compensation of the chairman and the other members of the board of commissioners of Screven County".

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HB 143. By Representative Childs of the 53rd:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, known as the Teachers Retirement System of Georgia, so as to change the provisions relating to half-time service as a teacher and to change the provisions relating to creditable service for half-time teachers.

HB 274. By Representatives Cummings of the 17th and Johnson of the 76th:
A bill to amend Code Section 47-3-89 of the Official Code of Georgia Anno tated, relating to credit for service under the Teachers Retirement System of Georgia for service rendered in schools of other states and certain other schools, so as to provide that credit may be received under the Teachers Retirement System of Georgia for service rendered in public school systems of the Virgin Islands, Puerto Rico, and the District of Columbia.

HB 542. By Representatives Porter of the 119th, Groover of the 99th, Karrh of the 109th and Birdsong of the 104th:
A bill to amend Article 4 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to registered offices and agents, service of pro cess, and venue with regard to corporations, so as to provide for venue in garnishment proceedings.

HB 618. By Representatives Martin of the 60th, Coleman of the 118th, Hanner of the 131st and McDonald of the J2th:
A bill to amend Chapter 3 of Title 25 of the Official Code of Georgia Anno tated, relating to local fire departments generally, so as to provide for legis lative intent.

HB 1009. By Representatives Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd and Jackson of the 9th:
A bill to amend Code Section 40-2-25 of the Official Code of Georgia Anno tated, relating to applications for motor vehicle registrations, so as to pro vide for legislative declarations.

HB 1026. By Representatives Wood, Jackson and Lawson of the 9th and others:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Develop ment Authority, so as to exempt property purchased by the authority or for use by the authority from sales and use taxation.

HB 1199. By Representative Ramsey of the 3rd:
A bill to amend Code Section 40-5-56 of the Official Code of Georgia Anno tated, relating to suspension of driver's license or driving privilege for failure to respond to a citation, so as to require the payment of a restoration fee before the Department of Public Safety shall return a driver's license which has been suspended.

MONDAY, FEBRUARY 6, 1984

1111

HB 1208. By Representative Robinson of the 58th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia An notated, relating to unfair or deceptive practices in consumer transactions which are unlawful, so as to require each health spa to maintain a certain bond.

The House has adopted by the requisite constitutional majority the following reso lutions of the House:

HR 590. By Representative Hooks of the 116th:
A resolution authorizing the State of Georgia, acting by and through its Department of Agriculture, to convey certain state owned real property lo cated in Sumter County, Georgia, to the Sumter County Board of Commissioners.

HR 621. By Representative Lord of the 107th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey certain state owned real property located in Washington County, Georgia, to the Washington County Board of Commissioners.

HR 631. By Representative Linder of the 44th:
A resolution to repeal a resolution entitled "A Resolution Requesting the Georgia Building Authority (Hospital) and the State of Georgia to make available certain real property located in DeKalb County, Georgia, to the American Heart Association, Georgia Affiliate . . . .".

HR 643. By Representative Hudson of the 117th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey certain state owned real property located in Wilcox County to the Wilcox County Board of Commissioners.

HR 704. By Representatives Chambless of the 133rd, Balkcom of the 140th and Young of the 134th:
A resolution commending the Post 30 American Legion Baseball Team.

The House has passed by the requisite constitutional majority the following bills of the Senate:

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.

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JOURNAL OF THE SENATE

SB 403. By Senator Kidd of the 25th:
A bill to amend an Act creating a board of commissioners for Jasper County, so as to change the provisions relating to the election of the mem bers of the board.

SB 404. By Senator Kidd of the 25th:
A bill to amend an Act repealing an Act incorporating the City of Monticello and granting a new charter for the City of Monticello, so as to change the provisions relating to the election of the mayor and councilmen.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 518. By Senator Barnes of the 33rd:
A bill to amend Code Section 9-11-42 of the Official Code of Georgia Anno tated, relating to consolidation of actions involving a common question of law or fact, so as to provide that a related action involving a claim for loss of consortium may be consolidated by a court without the consent of the parties.
Referred to Committee on Judiciary and Constitutional Law.

SB 519. By Senators Phillips of the 9th, Stumbaugh of the 55th and Tysinger of the 41st:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the general authority, duties, and procedure of the Department of Administrative Services in conducting state purchasing, so as expressly to include the legislative branch as subject to the department's purchasing procedures.
Referred to Committee on Governmental Operations.

SB 520. By Senator Horton of the 17th:
A bill to amend Chapter 4 of Title 28 of the Official Code of Georgia Anno tated, relating to legislative services, so as to provide that the Legislative Services Committee shall submit each year a written report of its transac tions, decisions, and activities to the members of the General Assembly.
Referred to Committee on Governmental Operations.

SR 363. By Senator Coverdell of the 40th:
A resolution requesting the development of information on arrests for driv ing under the influence of alcohol (DUI) and alcohol related traffic accidents.
Referred to Committee on Public Safety.

MONDAY, FEBRUARY 6, 1984

1113

SR 365. By Senators Land of the 16th, Coleman of the 1st, Muggins of the 53rd and others:
A resolution creating the Staggered Registration of Motor Vehicles Study Committee.
Referred to Committee on Transportation.

SR 366. By Senator Hill of the 29th:
A resolution consenting to the annexation of certain state owned real prop erty located in Harris County into the corporate limits of the City of West Point.
Referred to Committee on Public Utilities.

SR 367. By Senator Horton of the 17th:
A resolution proposing an amendment to the Constitution so as to provide that any person who has been convicted of a felony which involves the use of physical force or violence against another person shall serve the entire term of imprisonment to which such person has been sentenced; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Offender Rehabilitation.

The following bills and resolutions of the House were read the first time and re ferred to committees:

HB 143. By Representative Childs of the 53rd:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, known as the Teachers Retirement System of Georgia, so as to change the provisions relating to half-time service as a teacher and to change the provisions relating to creditable service for half-time teachers.
Referred to Committee on Retirement.

HB 274. By Representatives Cummings of the 17th and Johnson of the 76th:
A bill to amend Code Section 47-3-89 of the Official Code of Georgia Anno tated, relating to credit for service under the Teachers Retirement System of Georgia for service rendered in schools of other states and certain other schools, so as to provide that credit may be received under the Teachers Retirement System of Georgia for service rendered in public school systems of the Virgin Islands, Puerto Rico, and the District of Columbia.
Referred to Committee on Retirement.

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HB 542. By Representatives Porter of the 119th, Groover of the 99th, Karrh of the 109th and Birdsong of the 104th:
A bill to amend Article 4 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to registered offices and agents, service of pro cess, and venue with regard to corporations, so as to provide for venue in garnishment proceedings.
Referred to Committee on Judiciary and Constitutional Law.

HB 618. By Representatives Martin of the 60th, Coleman of the 118th, Hanner of the 131st and McDonald of the 12th:
A bill to amend Chapter 3 of Title 25 of the Official Code of Georgia Anno tated, relating to local fire departments generally, so as to provide for legis lative intent.
Referred to Committee on Public Safety.

HB 1009. By Representatives Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd and Jackson of the 9th:
A bill to amend Code Section 40-2-25 of the Official Code of Georgia Anno tated, relating to applications for motor vehicle registrations, so as to profide for legislative declarations.
Referred to Committee on Transportation.

HB 1026. By Representatives Wood of the 9th, Jackson of the 9th, Lawson of the 9th and others:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Develop ment Authority, so as to exempt property purchased by the authority or for use by the authority from sales and use taxation.
Referred to Committee on Banking and Finance.

HB 1199. By Representative Ramsey of the 3rd:
A bill to amend Code Section 40-5-56 of the Official Code of Georgia Anno tated, relating to suspension of driver's license or driving privilege for failure to respond to a citation, so as to require the payment of a restoration fee before the Department of Public Safety shall return a driver's license which has been suspended.
Referred to Committee on Public Safety.

HB 1208. By Representative Robinson of the 58th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia An notated, relating to unfair or deceptive practices in consumer transactions which are unlawful, so as to require each health spa to maintain a certain bond.
Referred to Committee on Industry and Labor.

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HB 1371. By Representative Maddox of the 7th:
A bill to amend an Act providing for the office of commissioner of Gordon County, so as to change the provisions relative to the composition of the commissioner districts.
Referred to Committee on Federal, State and Community Affairs.

HB 1372. By Representative Maddox of the 7th:
A bill to amend an Act creating a new board of education of Gordon County, so as to change the provisions relative to the composition of the board posts.
Referred to Committee on Federal, State and Community Affairs.

HB 1396. By Representative Mullinax of the 81st:
A bill to amend an Act creating the Downtown LaGrange Development Au thority, so as to change the limits of the Downtown LaGrange District.
Referred to Committee on Federal, State and Community Affairs.

HB 1397. By Representative Mullinax of the 81st:
A bill to amend an Act creating the State Court of Troup County, so as to change certain provisions relative to jurors.
Referred to Committee on Federal, State and Community Affairs.

HB 1419. By Representatives Athon, Alford and Mangum of the 57th:
A bill to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the salary of the tax commissioner.
Referred to Committee on Federal, State and Community Affairs.

HB 1420. By Representatives Athon, Alford and Mangum of the 57th:
A bill to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensa tion, so as to change the salary of the judge of the probate court.
Referred to Committee on Federal, State and Community Affairs.

HB 1421. By Representatives Athon, Alford and Mangum of the 57th:
A bill to amend an Act placing the sheriff of Rockdale County upon an annual salary, so as to change the compensation of the sheriff.
Referred to Committee on Federal, State and Community Affairs.

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HB 1422. By Representatives Athon, Alford and Mangum of the 57th:
A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of compensation, so as change the automobile expense allowance of the coroner.
Referred to Committee on Federal, State and Community Affairs.

HB 1423. By Representatives Athon, Alford, and Mangum of the 57th:
A bill to amend an Act creating a board of commissioners for Rockdale County, so as to change the compensation of the chairman and the other members of the board of commissioners.
Referred to Committee on Federal, State and Community Affairs.

HB 1424. By Representatives Athon, Alford and Mangum of the 57th:
A bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the salary of the clerk.
Referred to Committee on Federal, State and Community Affairs.

HB 1425. By Representative Edwards of the 112th:
A bill to provide that the judge of the Probate Court of Marion County shall serve as chief magistrate of the Magistrate Court of Marion County.
Referred to Committee on Federal, State and Community Affairs.

HB 1426. By Representative Edwards of the 112th:
A bill to amend an Act abolishing the fee system of compensating the sheriff of Marion County and providing in lieu thereof an annual salary, so as to change the compensation of the deputy sheriff.
Referred to Committee on Federal, State and Community Affairs.

HB 1427. By Representative Lambert of the 66th:
A bill to provide that the judge of the Probate Court of Oconee County shall serve as chief magistrate of the Magistrate Court of Oconee County.
Referred to Committee on Federal, State and Community Affairs.

HB 1428. By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th:
A bill to make provisions for the Magistrate Court of Houston County.
Referred to Committee on Federal, State and Community Affairs.

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1117

HB 1429. By Representatives Hirsch of the 96th, Buck of the 95th, Galer of the 97th and others:
A bill to amend an Act providing a charter for the county-wide government of Columbus, so as to change the manner of publication of certain ordinances.
Referred to Committee on Federal, State and Community Affairs.

HB 1433. By Representatives Cox of the 141st and Long of the 142nd:
A bill to amend an Act creating the Board of Commissioners of Decatur County, so as to change the composition of the board of commissioners.
Referred to Committee on Federal, State and Community Affairs.

HB 1435. By Representative Heard of the 43rd:
A bill to amend an Act placing the coroner of Fayette County on a salary in lieu of the fee system of compensation, so as to change the compensation of the coroner.
Referred to Committee on Federal, State and Community Affairs.

HB 1443. By Representatives Buck of the 95th, Hirsch of the 96th, Galer of the 97th and others:
A bill to amend an Act establishing the State Court of Muscogee County, so as to change the compensation of the judge, solicitor, and assistant solicitors of the state court.
Referred to Committee on Federal, State and Community Affairs.

HB 1444. By Representatives Buck of the 95th, Hirsch of the 96th, Galer of the 97th and others:
A bill to amend an Act establishing the Municipal Court of Columbus, so as to change the compensation of the judge, clerk, and marshal of the munici pal court.
Referred to Committee on Federal, State and Community Affairs.

HB 1445. By Representatives Buck of the 95th, Hirsch of the 96th, Galer of the 97th and others:
A bill to amend an Act establishing a salary for the clerk of the Superior Court of Muscogee County, so as to change the compensation of the clerk of the superior court.
Referred to Committee on Federal, State and Community Affairs.

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HB 1446. By Representatives Buck of the 95th, Hirsch of the 96th, Galer of the 97th and others:
A bill to amend an Act establishing a salary for the clerk of the Probate Court of Muscogee County, so as to change the compensation of the judge of the Probate Court of Muscogee County.
Referred to Committee on Federal, State and Community Affairs.

HB 1447. By Representatives Buck of the 95th, Hirsch of the 96th, Galer of the 97th and others:
A bill to amend an Act establishing a salary for the sheriff of Muscogee County, so as to change the salary of the sheriff.
Referred to Committee on Federal, State and Community Affairs.

HB 1448. By Representatives Buck of the 95th, Hirsch of the 96th, Galer of the 97th and others:
A bill to amend an Act abolishing the offices of the tax receiver and tax collector of Muscogee County and creating the office of tax commissioner of such county, so as to change the compensation and the provisions relating to compensation of the tax commissioner of Muscogee County.
Referred to Committee on Federal, State and Community Affairs.

HB 1449. By Representatives Buck of the 95th, Hirsch of the 96th, Galer of the 97th and others:
A bill to amend an Act abolishing the fee system in the Superior Courts of the Chattahoochee Judicial Circuit, as applied to the office of district attor ney, and providing for the payment of the salary of said district attorney, so as to change the maximum compensation of the assistant district attorney.
Referred to Committee on Federal, State and Community Affairs.

HB 1450. By Representatives Buck of the 95th, Hirsch of the 96th, Galer of the 97th and others:
A bill to amend an Act providing that the County of Muscogee shall supple ment the salary of the judges of the Superior Court of the Chattahoochee Judicial Circuit, so as to change the amount of such supplement.
Referred to Committee on Federal, State and Community Affairs.

HB 1451. By Representatives Buck of the 95th, Hirsch of the 96th, Galer of the 97th and others:
A bill to amend an Act providing a supplement to the salary of the district attorney of the Chattahoochee Judicial Circuit, so as to change the amount of the supplement.
Referred to Committee on Federal, State and Community Affairs.

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HB 1452. By Representatives Williams of the 6th, Ramsey of the 3rd and Foster of the 6th:
A bill to make provisions for the Magistrate Court of Whitfield County.
Referred to Committee on Federal, State and Community Affairs.

HB 1454. By Representatives Chance of the 129th and Mueller of the 126th:
A bill to make provisions for the Magistrate Court of Bryan County; to provide for the method of selection of magistrates.
Referred to Committee on Federal, State and Community Affairs.

HB 1456. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act entitled "An Act for the election and creation of a board of county commissioners for the County of Screven, so as to change the compensation of the chairman and the other members of the board of commissioners of Screven County".
Referred to Committee on Federal, State and Community Affairs.

HR 590. By Representative Hooks of the 116th:
A resolution authorizing the State of Georgia, acting by and through its Department of Agriculture, to convey certain state owned real property lo cated in Sumter County, Georgia, to the Sumter County Board of Commissioners.
Referred to Committee on Public Utilities.

HR 621. By Representative Lord of the 107th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey certain state owned real property located in Washington County, Georgia, to the Washington County Board of Commissioners.
Referred to Committee on Public Utilities.

HR 631. By Representative Linder of the 44th:
A resolution to repeal a resolution entitled "A Resolution Requesting the Georgia Building Authority (Hospital) and the State of Georgia to make available certain real property located in DeKalb County, Georgia, to the American Heart Association, Georgia Affiliate. . .".
Referred to Committee on Public Utilities.

HR 643. By Representative Hudson of the 117th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey certain state owned real property located in Wilcox County to the Wilcox County Board of Commissioners.
Referred to Committee on Public Utilities.

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The following reports of standing committees were read by the Secretary: Mr. President:

The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 213. Do pass by substitute. HB 1150. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 513. Do pass by substitute. HB 948. Do pass.

HB 1053. Do pass.

Respectfully submitted,

Senator Greene of the 26th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 314. By Senator Lester of the 23rd:
A bill to amend Code Section 33-29-2, relating to the content and format of accident and sickness insurance policies, so as to provide an additional re quirement for accident and sickness policies.

SB 334. By Senator Hine of the 52nd:
A bill to amend Chapter 5 of Title 20 of the Official Code of Georgia Anno tated, relating to libraries, so as to create for each county and municipal corporation in this state a public library facilities authority which may be activated by resolution of the local governing body.

SB 483. By Senator Bond of the 39th:
A bill to amend Code Section 3-3-20 of the Official Code of Georgia Anno tated, relating to the sale of alcoholic beverages on certain days, so as to

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prohibit the sale or offer of sale of alcoholic beverages on Sundays and elec tion days.

SB 487. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-3 of the Official Code of Georgia Anno tated, relating to duties and functions of the State Personnel Board gener ally, so as to provide that members of the State Personnnel Board shall re ceive the same expense allowance per day as that received by a member of the General Assembly for each day while performing official business for the board, plus reimbursement for certain other expenses while performing offi cial business for the board.

SB 491. By Senator Scott of the 43rd:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Anno tated, relating to fees and taxes, so as to provide for the distribution of any reimbursement received by an insurance company as a result of the overpay ment of insurance premium taxes levied by a county or municipality.

SB 497. By Senator Brantley of the 56th:
A bill to amend Code Section 43-10-14 of the Official Code of Georgia An notated, relating to the study of cosmetology by persons at least 16 years of age, registration of students and apprentices, fee, and registration certificate, so as to provide that a person at least 16 years of age may learn the occupa tion of esthetics under a cosmetologist holding either a master cosmetologist certificate or an esthetician certificate under certain conditions.

SB 498. By Senators Deal of the 49th, Peevy of the 48th and Foster of the 50th:
A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Anno tated, relating to vacation of public office, so as to provide for special elec tions to fill vacancies for the unexpired term in certain elective public offices under certain circumstances.

SB 503. By Senator Kidd of the 25th:
A bill to amend an Act creating the Board of County Commissioners of Hancock County, as amended, so as to provide for qualifications of the chairman of the board of commissioners.

SB 505. By Senator Cobb of the 28th:
A bill to amend an Act creating a new charter for the City of Newnan, as amended, so as to change the method of electing members of the board of aldermen.

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SB 507. By Senator Bryant of the 3rd:
A bill to provide for authority; to continue in full force and effect as part of the Constitution ratified at the general election in 1982 that constitutional amendment, duly ratified at the general election in 1958, which amendment changed the composition of the membership of the Liberty County Indus trial Authority.

SB 508. By Senator Bryant of the 3rd:
A bill to provide for authority; to continue in full force and effect as part of the Constitution ratified at the general election in 1982 that constitutional amendment, duly ratified at the general election in 1968, which amendment created the Mclntosh County Industrial Development Authority.

SR 307. By Senators Coverdell of the 40th, Trulock of the 10th and Land of the 16th:
A resolution proposing an amendment to the Constitution so as to prohibit the payment of retirement benefits based on involuntary separation from employment or from public service to any present or former elected state official as a result of leaving elective office for any reason; to provide for the submission of this amendment for ratification or rejection.

SR 347. By Senator Scott of the 2nd:
A resolution urging the United States Congress to change the date of the general election.

SR 353. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide that bills for raising or reducing revenue may originate in either house of the General Assembly; to provide for the submission of this amendment for ratification or rejection.

HB 698. By Representatives Thompson, Wilson and Darden of the 20th and others:
A bill to amend Code Section 50-6-26 of the Official Code of Georgia Anno tated, relating to the forms applicable to the business transacted in each of the several boards, offices, institutions, departments, and commissions of the executive department of the state government, so as to make provision for consecutively numbered requisitions, purchase orders, and field purchase orders.

HB 910. By Representative Bray of the 91st:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to counties in general, so as to authorize county governing authorities, for the purpose of protecting and preserving the public health, safety, and welfare, to adopt ordinances relative to their unincorporated ar-

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eas, violations of which ordinances may be punished by fine or imprisonment or both.

HB 969. By Representatives Chambless of the 133rd, Young of the 134th, Balkcom of the 140th and White of the 132nd:
A bill to amend Part 1 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election and registration officers, so as to provide for joint county-municipal boards of election and for joint county-municipal boards of election and registration.

HB 970. By Representatives Chambless of the 133rd, Young of the 134th, Balkcom of the 140th and White of the 132nd:
A bill to amend Code Section 21-3-10 of the Official Code of Georgia Anno tated, relating to governing authorities of certain municipalities authorized to allow certain counties to conduct municipal elections, so as to provide for applicability of certain provisions thereof to all municipalities.

HB 978. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-14-20 of the Official Code of Georgia An notated, relating to the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia, so as to change the composition of said board.

HB 979. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-11-20 of the Official Code of Georgia An notated, relating to the Board of Commissioners of the Judges of the Pro bate Courts Retirement Fund of Georgia, so as to change the composition of the board.

HB 907. By Representatives Isakson of the 21st and Adams of the 36th:
A bill to amend Code Section 50-8-2 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Department of Community Affairs, generally, so as to provide for an advisory committee to the Depart ment of Community Affairs.

HB 1036. By Representative Buck of the 95th:
A bill to amend Code Section 33-34-3 of the Official Code of Georgia Anno tated, relating to subrogation under the "Georgia Motor Vehicle Accident Reparations, Act," so as to provide that the prohibition against subrogation of certain benefits mandated by the Act shall not include subrogation relat ing to compensation without regard to fault for damage to the insured motor vehicle.

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HB 1118. By Representative Phillips of the 120th:
A bill to amend Code Section 21-2-2 of the Official Code of Georgia Anno tated, relating to definitions applicable to the "Georgia Election Code," so as to provide that public office to which the "Georgia Election Code" applies shall not include soil and water conservation district supervisors.

HB 1119. By Representative Auten of the 156th:
A bill to amend an Act providing for the election of members of the board of education of Mclntosh County, so as to provide for staggered terms of office for the chairman and members of said board of education.

HB 1120. By Representative Auten of the 156th:
A bill to provide for the appointment of the county school superintendent of Mclntosh County by the board of education of Mclntosh County.

HB 1121. By Representative Auten of the 156th:
A bill to amend an Act providing for the election of the members of the board of education of Mclntosh County, so as to change the compensation of the chairman and members of said board.

HB 1144. By Representative Johnson of the 72nd:
A bill to amend Chapter 5 of Title 47 of the Official Code of Georgia Anno tated, relating to the Joint Municipal Employees Retirement System, so as to comprehensively revise the Joint Municipal Employees Retirement System.

HB 1170. By Representative Crosby of the 150th:
A bill to amend Article 1 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title in general, so as to change procedures for hearing complaints of persons aggrieved by actions or omissions to act of the commissioner or employees of the Depart ment of Revenue.

HB 1182. By Representatives Murphy of the 18th, Phillips of the 120th, Colwell of the 4th and others:
A bill to amend Chapter 6 of Title 32 of the Official Code of Georgia Anno tated, relating to the regulation of maintenance and use of public roads, generally, so as to establish certain weight limitations for vehicles using the public roads of this state.

HB 1302. By Representative Barnett of the 10th:
A bill to authorize the governing authority of Forsyth County to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county.

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HB 1330. By Representatives Bargeron of the 108th and Godbee of the 110th:
A bill to amend an Act creating the State Court of Burke County, so as to provide for an expense allowance for the solicitor of said state court.

HB 1335. By Representatives Crosby of the 150th and Dixon of the 151st:
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 110 . . ., which amendment, as amended, provides for the election of members of the Board of Education of Ware County.

The following local, uncontested bills of the Senate and House, favorably reported by the committee, were read the third time and put upon their passage:

SB 492. By Senator Dawkins of the 45th:
A bill to amend an Act providing for a public defender for Rockdale County, as amended, so as to change the compensation of the public de fender; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 495. By Senator Foster of the 50th:
A bill to provide for authority; to continue in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1982 general election, and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, which amendment pro vides that unless the joint county and municipal sales and use tax is ap proved for imposition within Towns County prior to November 1, 1982, then the Board of Education of the Towns County School District shall be re quired to impose, levy, and collect a 1 percent sales and use tax for educa tional purposes and to adjust millage rate limitations upon and the millage rate levied by the Towns County School District on and after January 1, 1984, to take into account the proceeds received from the tax by the school district for the preceding year; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

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The bill, having received the requisite constitutional majority, was passed.

SB 500. By Senator Garner of the 30th:
A bill to amend an Act placing the coroner of Carroll County on an annual salary, as amended, so as to change the compensation of the coroner 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.

SB 502. By Senator Kidd of the 25th:
A bill to amend an Act creating county courts (now state courts) in certain designated counties of this state, as amended, so as to change the compensa tion provisions relating to the judge and the solicitor of the State Court of Baldwin 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 1272. By Representatives Argo of the 68th, Logan of the 67th and Milford and Clark of the 13th:
A bill to create a board of elections and registration in Clarke 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.

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HB 1275. By Representatives Argo of the 68th, Logan of the 67th, Milford of the 13th and Clark of the 13th:
A bill to make provisions for the Magistrate Court of Clarke 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 1306. By Representatives Watts of the 41st and Murphy of the 18th:
A bill to amend an Act creating the board of commissioners of Paulding County, so as to change the compensation of the chairman of the board of commissioners.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1310. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to amend an Act incorporating the City of Lake City in the County of Clayton, so as to change the terms of office of the mayor and members of the council.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 494. By Senators Peevy of the 48th and Phillips of the 9th:
A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, as amended, so as to change the provisions relating to the supplement of the salary of each of the judges

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of the Superior Court of Gwinnett Judicial Circuit from the funds of Gwinnett County.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to SB 494:

A BILL
To be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, ap proved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved March 22, 1967 (Ga. L. 1967, p. 122), an Act approved April 10, 1968 (Ga. L. 1968, p. 1365), and an Act approved February 25, 1977 (Ga. L. 1977, p. 230), so as to change the provisions relating to the supplement of the salary of each of the judges of the Superior Court of Gwinnett Judicial Circuit from the funds of Gwinnett County; to provide for an increase in the amount of the supplement; to provide for the method and manner in which such increase shall be paid; to authorize payment of cer tain other amounts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Gwinnett Judicial Circuit and provid ing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved March 22, 1967 (Ga. L. 1967, p. 122), an Act approved April 10, 1968 (Ga. L. 1968, p. 1365), and an Act approved February 25, 1977 (Ga. L. 1977, p. 230), is amended by striking Sections 2A and 2B in their entirety and in serting in lieu thereof a new Section 2A to read as follows:
"Section 2A. The compensation and allowances of the judge of the Gwinnett Judicial Circuit shall be as now or hereafter provided by law, and in addition thereto the salary of each such judge shall be supplemented in the amount of $12,500.00 per annum from the funds of Gwinnett County payable in equal monthly installments, and the governing authority of Gwin nett County is authorized and directed to pay the compensation herein pro vided. In addition to the above provisions, the governing authority of Gwin nett County is authorized to pay the superior court judges of the Gwinnett Judicial Circuit such amount as shall be fixed by the governing authority."
Section 2. 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.

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On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1194. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act creating the Notla Water Authority, so as to define the geographic boundaries of the service area of the authority.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 1194:

A BILL
To be entitled an Act to amend an Act creating the Notla Water Au thority, approved April 3, 1972 (Ga.L. 1972, p. 3385), so as to define the geographic boundaries of the service area of the authority; to provide the method by which members of the authority are elected; to provide the inter est rate and debt limitations for revenue bond issues of the authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Notla Water Authority, approved April 3, 1972 (Ga. L. 1972, p. 3385), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:

"Section 2. The area served by the Notla Water Authority shall be within the geographical boundaries of Union County and shall be bounded by or contiguous to the following area:
Beginning at the point where Butternut Creek joins the Nottely River; then North down the Nottely River to the point where the Nottely River is joined by Kiutuestia Creek; then Westerly up Kiutuestia Creek to the first branch which joins the North side of Kiutuestia Creek; then up said branch Northerly, crossing Union County Road No. 30 at a point East of the road junction of Union County Roads No. 29 & 30, to its head; then from the head of said branch to the top of Rich Knob; then Westerly from the top of Rich Knob crossing the tops of Quarry Top Mountain and Hanson Knob, to the top of Queen's Mountain; then Northwesterly from the top of Queen's Mountain to the head of Kelley Branch; then Northwesterly down Kelley Branch to the point where Kelley Branch joins Young Cane Creek; then Westerly up Young Cane Creek to where Odom Creek joins Young Cane Creek; then Northwesterly up Odom Creek to its head, near Black Jack Mountain, said head being West of Union County Road No. 128; then from the head of Odom Creek to the top of Black Jack Mountain; then Southwesterly from the top of Black Jack Mountain to the top of Sharp Top Mountain at the Union County & Fannin County line; then Northerly with the Union County & Fannin

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County line to the State of Georgia & State of North Carolina line; then East with the State of Georgia & State of North Carolina line to the Union County & Towns County line; then Southerly with the Union County & Towns County Line to a point adjacent to Hullander Knobs; then Westerly across the tops of Hullander Knobs; Juber Knob, and Stevens Ridge to the West end of Stevens Ridge; then Southerly from the West end of Stevens Ridge to the head of the Eastmost prong of Little Creek; then Southerly down Little Creek to where Little Creek joins But ternut Creek; then Westerly down Butternut Creek to its junction with the Nottely River and the point of beginning."
Section 2. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. (a) There is hereby created a body corporate and poli tic, to be known as the Notla Water Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be con tracted with, bring and defend actions, and plead and be impleaded, complain and defend in all courts of law and equity. The authority shall have perpetual existence.
(b) The authority shall consist of five members. The following per sons, who currently serve as members of the authority, are designated and appointed as members of the Notla Water Authority as follows:
(1) Post No. 1. William H. Akins, who shall hold an initial term of office expiring on the third Saturday of March of 1985;
(2) Post No. 2. Ricky Davenport, who shall hold an initial term of office expiring on the third Saturday of March of 1986;
(3) Post No. 3. Hazel McClure, who shall hold an initial term of office expiring on the third Saturday of March of 1987;
(4) Post No. 4. Larry Hughes, who shall hold an initial term of office expiring on the third Saturday of March of 1988;
(5) Post No. 5. Charles Partin, who shall hold an initial term of office expiring on the third Saturday of March of 1989.
The members of the authority shall enter upon the duties of their office on the effective date of this Act and shall serve until the expiration of their respective terms of office or until their successors are duly elected and qualified. During the month of February and in the month of Febru ary of each year thereafter, a meeting of those persons, both natural and artificial entities recognized by law (such as partnerships, corporations, joint ventures and other organizations), who use the facilities of the au thority, shall be called by the authority for the purpose of electing a suc cessor to any member whose office is vacant or whose term expires in such year. Said meeting shall be called and conducted as hereinafter pre scribed. Except as otherwise provided herein, each member elected by the users of the system shall enter upon the duties of this office on the third Saturday of March of each year, immediately following his election and shall serve for a term of office of five years or until his successor is

MONDAY, FEBRUARY 6, 1984

1131

duly elected and qualified. Members of the authority shall serve without compensation but shall be reimbursed for their actual expenses necessa rily incurred in the performance of their duties. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or convenient for the government of the authority, including the power to fix the number of users necessary to constitute a quorum at user meetings.
(c) To be eligible for election as a member of the authority, a person shall be at least 21 years of age, a resident of Union County, Georgia, for at least one year prior to the date of such person's election, shall not have been convicted of a felony, and at the time of election and thereafter, shall be a user of the facilities of the authority.
(d) The members of the authority shall elect one of their number as chairman, another as vice-chairman and may also elect a secretary and treasurer or a secretary or a treasurer, who need not be a member of the authority. Such officers shall serve for a period of one year and until their successors are elected and qualified. The chairman of the authority shall not be entitled to vote upon any issue, motion, or resolution, except in the case of a tie vote of the other members voting on said motion, resolution, or question.
(e) Three members of the authority, or a majority of members if vacancies exist, shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all the duties of the authority. The chairman of the authority shall be counted in determining if a quorum of the members is present.
(f) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the remaining members of the authority shall elect, by majority vote, a qualified person to fill the vacancy until the next annual election by the users of the system, at which time the users of the system shall elect a qualified person to fill the remaining unexpired term of the member whose position has been vacated. A va cancy shall exist in the office of any member of the authority who is convicted of a felony, who moves his residence from Union County or from any adjoining county or state into which the service area of the authority has been extended, or who ceases to be a user of the facilities of the authority. If for any reason whatsoever, the users of the system shall fail to elect a member at any annual meeting to replace a member whose term expires or whose office is vacant, the remaining members of the authority shall elect, by majority vote, a duly qualified person as a member of the authority to serve until the next annual meeting of the users.
(g) The authority shall have a complete audit of its financial condi tion made at least once in each calendar year by a certified public ac countant. Such audit shall remain on file at the office of the authority for public inspection."
Section 3. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. Revenue bonds. The authority, or any authority or

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body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have the power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds of the authority, in such sum as the authority may authorize, in conformity with the bond ing laws of the State of Georgia, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the spe cial funds herein provided for such payment. The bonds of each issue shall be dated, and shall bear interest at such rate or rates as may be authorized by the authority in conformity with the bonding laws of the State of Georgia, payable as fixed therein, shall mature at such time or times not exceeding 40 years from their date or dates, or at such times exceeding 40 years as may hereafter be authorized by the bonding laws of the State of Georgia, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority and the resolution providing for the issuance of the bonds. The interest rate or rates to be borne by any bonds and the time of payment of such interest shall be fixed, and with respect to any inter est rate which floats in response to a variable, the method of calculation shall be fixed by the authority in the resolution providing for the issuance of the bond. Any bonds issued by the authority shall be exempt from all laws of the State of Georgia governing usury prescribing or limiting in terest rates to be borne by bonds or other obligations."
Section 4. 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.

The President called for the morning roll call, and the following Senators an swered to their names:

Allgood Barker Barnes Bond Bowen

Brannon Brantley Broun of 46th Brown of 47th Bryant

Burton Cobb Coleman Coverdell Dawkins

MONDAY, FEBRUARY 6, 1984

1133

Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway

Horton Howard Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry Phillips

Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not answering were Senators:

Coggin Deal

Hudgins

Scott of 36th

Senator Dean of the 31st introduced the chaplain of the day, Reverend George C. Barnett, pastor of New Canaan Baptist Church, Dallas, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate and House were read and adopted:

SR 364. By Senators Tate of the 38th, Bond of the 39th, Scott of the 36th and Scott of the 2nd:
A resolution commending the 1984 recipients of the Black Achievers Awards.

SR 368. By Senator Hudgins of the 15th:
A resolution expressing regrets at the passing of Dr. Mercer Carter Blanchard.

SR 369. By Senator Hudgins of the 15th: A resolution expressing regret at the passing of Mrs. Betty Stephens.

SR 370. By Senator Hudgins of the 15th: A resolution expressing regrets at the passing of Dr. Peter Carl Graffagnino.

SR 371. By Senator Hudgins of the 15th:
A resolution expressing regrets at the passing of the Honorable Ivey Williams Gregory, Jr.

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HR 704. By Representatives Chambless of the 133rd, Balkcom of the 140th and Young of the 134th:
A resolution commending the Post 30 American Legion Baseball Team.

Lieutenant Governor Miller introduced Honorable Carl Sanders, a former Gover nor of the State of Georgia, who briefly addressed the Senate.

Senator Broun of the 46th introduced U.S. Senator Fritz Hollings, a U.S. Presi dential Candidate, who briefly addressed the Senate.

The following communication from His Excellency, Governor Joe Frank Harris, was read by the Secretary:

STATE OF GEORGIA Office of the Governor
Atlanta 30334
February 6, 1984
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 Nancy L. Frenkel of Fulton County as a member of the State Board of Accountancy, for the term of office beginning July 26, 1983 and ending June 30, 1987.
Honorable Andrew M. Edwards of Pickens County as a member of the Atlantic States Marine Fisheries Commission, for the term of office begin ning September 20, 1983 and ending May 18, 1986.
Honorable Roy H. Holland of Laurens County as a member of the Georgia Auctioneers Commission, for the term of office beginning April 13, 1983 and ending August 14, 1987.
Honorable Winston Strickland of Bartow County as a member of the Georgia State Board of Barbers, for the term of office beginning April 13, 1983 and ending December 29, 1984.
Honorable J. D. Husband of Fulton County as a member of the State Board of Barbers, for the term of office beginning December 20, 1983 and ending June 30, 1986.

MONDAY, FEBRUARY 6, 1984

1135

Honorable Arvis E. Shead, Sr. of Cobb County as a member of the State Board of Barbers, for the term of office beginning December 20, 1983 and ending July 25, 1986.
The following named persons as members of the Georgia Board of Chi ropractic Examiners, for terms beginning January 5, 1984 and ending Au gust 20, 1986: Eugene E. Sparlin, D.C., of Fulton County; Stanley H. Merica, D.C., of Baldwin County.
Honorable Barbara B. Green of Fulton County as a member of the Georgia Board of Chiropratic Examiners, for the term of office beginning January 5, 1984 and ending June 30, 1986.
The following named persons as members of the Construction Industry Licensing Board for terms beginning March 14, 1983 and ending June 30, 1987: Brice W. Bishop of Clarke County; Walter L. Kibble of Fulton County; William P. McCuen of Chatham County; Riley T. Stephens of DeKalb County; P. J. Wise of Sumter County; Paul T. Addis of Clayton County; J. C. Bray of Muscogee County; John Gay of Dougherty County; Virgil B. Harper, Jr. of Cobb County; Thomas C. Payne of Fulton County; Arthur D. Brook of Bibb County; Bob W. Dean of Fulton County; Michael J. McDevitt of Chatham County; Franklin Rhodes of Dougherty County; Edwin L. Whatley of Spalding County; Ella Alexander of Fulton County; Judy Hanenkrat of Fulton County.
Honorable Kathryn Pitts Jasper of Bibb County as a member of the State Board of Education, for the term of office beginning April 13, 1983 and ending January 1, 1988.
The following named persons as members of the State Board of Educa tion, for terms beginning April 13, 1983 and ending January 1, 1990: Bernadine B. Cantrell of Fulton County; Richard C. Owens of Irwin County; James F. Smith of Bartow County.
Honorable John M. Taylor of Troup County as a member of the State Board of Education, for the term of office beginning June 8, 1983 and end ing January 1, 1990. ,v
The following named persons as members of the Fair Employment Practices Board, for terms beginning September 29, 1983 and ending Sep tember 29, 1984: Thomas F. Jones of Fulton County; Bensonetta T. Lane of Fulton County; Priscilla D. Roberts of Dougherty County.
The following named persons as members of the Fair Employment Practices Board, for terms beginning September 29, 1983 and ending Sep tember 29, 1985: Ann Q. Curry of Fulton County; Marymal M. Dryden of Fulton County; Tobiane Schwartz of Fulton County.
The following named persons as members of the Fair Employment Practices Board, for terms beginning September 29, 1983 and ending Sep tember 29, 1986: Robert H. Buckler of DeKalb County; Rebecca Gonzalez of DeKalb County; H. Michael Mahany of Fulton County.
Honorable Robert Simpson HI of Lanier County as a member of the

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State Forestry Commission, for the term of office beginning April 13, 1983 and ending January 1, 1990.
Honorable Jim L. Gillis, Jr. of Treutlen County as a member of the State Forestry Commission, for the term of office beginning January 25, 1983 and ending January 1, 1991.
The following named persons as members of the Health Policy Council, for terms beginning September 29, 1983 and ending September 29, 1985: James S. Snow, D.O. of Mclntosh County; Jerri G. Flournoy of Long County; Sammie D. Dixon, M.D. of Tift County; John W. Cross of Coquitt County; A. Lucian Cousins, M.D. of Troup County; Samuel M. Welborn of Muscogee County; W. Douglas Skelton, M.D. of DeKalb County; Letitia Glover, Ph.D. of DeKalb County; S. Boyd Eaton, M.D. of Fulton County; Cornelius L. Henderson of Fulton County; Commodore T. Mobley, Jr., M.D. of Fulton County; Isaac Fitzgerald of Paulding County; Thomas E. Garner, Jr. of Cherokee County; J. Stanley Morgan, Jr. of Bartow County; Gerald N. Fulks of Laurens County; C. Jerome Adams of Coffee County; Norman D. Burkett of Whitfield County; Johanna S. McMullan of Hart County; Geraldine Rinker of Richmond County; Alvin M. Evans, Sr. of Barrow County; Frank R. Shaw of Fulton County; Betsy Startari-Lurey of Fulton County; Ruth H. Gershon of DeKalb County; Calhoun Sims of Fulton County; Lynne M. May of Fulton County.
Honorable Henry Gordon Davis, Jr., M.D., of Worth County as a member of the Board of Human Resources, for the term of office beginning April 20, 1983 and ending April 8, 1988.
Honorable Bernese Crafton Meyer of Fulton County as a member of the Board of Human Resources, for the term of office beginning May 17, 1983 and ending April 6, 1987.
The following named persons as members of the Board of Human Re sources, for terms beginning May 17, 1983 and ending April 6, 1988: Laura S. Vann of Mitchell County; Mary M. Ryman of Whitfield County.
The following named persons as members of the Board of Industry and Trade, for terms beginning July 1, 1983 and ending July 1, 1984: W. Lamar Davis of Thomas County; Edward J. Harrell of Bibb County; Donald L. Kunian of Fulton County.
The following named persons as members of the Board of Industry and Trade, for terms beginning July 1, 1983 and ending July 1, 1985: William Y. Barton of Clayton County; William B. Kuhlke, Jr. of Richmond County; J. Eugene Sutherland of Fulton County.
The following named persons as members of the Board of Industry and Trade, for terms beginning July 1, 1983 and ending July 1, 1986: R. Alex Grindler of Emanuel County; George C. Woodruff, Jr. of Muscogee County; William J. Gaston, Jr. of Cobb County.
The following named persons as members of the Board of Industry and Trade, for terms beginning July 1, 1983 and ending July 1, 1987: Deen Day Smith of DeKalb County; Thomas Cordy of Fulton County; Harold L. Smith of Hall County.

MONDAY, FEBRUARY 6, 1984

1137

The following named persons as members of the Board of Industry and Trade, for terms beginning July 1, 1983 and ending July 1, 1988: C. Max Toles of Floyd County; Robert W. Kinard of Whitfield County; George W. Mathews, Jr. of Fulton County.
Honorable Irving T. Staley, M.D., of Cobb County as a member of the Composite State Board of Medical Examiners, for the term of office begin ning August 10, 1983 and ending September 1, 1986.
Honorable Joseph L. Vinci, D.O., of Bulloch County as a member of the Composite State Board of Medical Examiners, for the term of office beginning August 10, 1983 and ending September 10, 1986.
The following named persons as members of the Composite State Board of Medical Examiners, for terms beginning August 10, 1983 and end ing September 1, 1986: Runnette Flowers, M.D., of DeKalb County; L. Newton Turk III, M.D., P.C., of Fulton County.
Honorable Donald L. Branyon, Jr., M.D., of Clarke County as a mem ber of the Composite State Board of Medical Examiners, for the term of office beginning August 10, 1983 and ending September 1, 1984.
Honorable James Griffin, Jr., of Dougherty County as a member of the Board of Natural Resources, for the term of office beginning March 18, 1983 and ending March 16, 1988.
The following named persons as members of the Board of Natural Re sources, for terms beginning March 18, 1983 and ending January 1, 1990: Will D. Herrin of Chatham County; John W. Robinson, Jr., of Barrow County.
Honorable Glenn E. Taylor of Fulton County as a member of the Board of Natural Resources, for the term of office beginning March 18, 1983 and ending May 16, 1990.
The following named persons as members of the Georgia Board of Nursing, for terms beginning January 25, 1984 and ending September 23, 1985: Lucille B. Wilson, R.N., Ed.D., of Dougherty County; Marlene P. Mitchell-Tibbs, R.N., Ph.D., of Muscogee County.
Honorable Julia T. Dyar of Troup County as a member of the Georgia Board of Nursing, for the term of office beginning January 25, 1984 and ending December 31, 1986.
The following named persons as members of the Georgia Board of Nursing, for terms beginning January 25, 1984 and ending September 23, 1986: Betty C. Blake of Fayette County; Janet F. Campbell, R.N., of Macon County; Julia L. Perkins, D.S.N., of Cobb County.
The following named persons as members of the Board of Offender Re habilitation, for terms beginning July 1, 1983 and ending July 1, 1984: Charles L. Gordon of Chatham County; Charles D. Hudson of Troup County; G. Robert Carter of Lowndes County.
The following named persons as members of the Board of Offender Re-

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habilitation, for terms beginning July 1, 1983 and ending July 1, 1985: J. E. "Jimmy" Autry, Jr. of Mitchell County; Victor B. Davis of Rockdale County; Roy D. Lee of Bacon County.
The following named persons as members of the Board of Offender Re habilitation, for terms beginning July 1, 1983 and ending July 1, 1986: Roy E. Parrish, Jr. of Walker County; William R. Lance, Jr. of Hall County; T. Joseph Campbell of Gordon County.
The following named persons as members of the Board of Offender Re habilitation, for terms beginning July 1, 1983 and ending July 1, 1987: Claudia Mertl of Clayton County; Jerry F. Nicholson of Clarke County; James C. Harrison of Fulton County.
The following named persons as members of the Board of Offender Re habilitation, for terms beginning July 1, 1983 and ending July 1, 1988: James M. Caswell, Jr. of Fulton County; Bettye O. Hutchings of Bibb County; James E. Barnett of Fulton County.
Honorable Wayne Snow, Jr., of Walker County as a member of the State Board of Pardons and Paroles, for the term of office beginning March 30, 1983 and ending March 30, 1990.
Honorable W. Pitts Carr of Fulton County as a member of the State Personnel Board, for the term of office beginning April 28, 1983 and ending January 3, 1988.
Honorable Harold A. Dawson of Fulton County as a member of the Georgia Real Estate Commission, for the term of office beginning April 13, 1983 and ending January 25, 1988.
The following named persons as members of the Georgia Student Fi nance Commission, for terms beginning January 4, 1984 and ending March 15, 1989: Lucille S. Townsend of Carrol! County; Susie W. Wheeler, Ed.D., of Bartow County.
Honorable Waights G. Henry, Jr., Ph.D., of Troup County as a mem ber of the Georgia Student Finance Commission, for the term of office be ginning January 4, 1984 and ending March 15, 1988.
Honorable Eunice L. Mixon of Tift County as a member of the Geor gia Student Finance Commission, for the term of office beginning January 4, 1984 and ending March 15, 1985.
The following named persons as members of the Board of Regents of the University System of Georgia, for terms beginning March 16, 1983 and ending January 1, 1990: John Henry Anderson, Jr., of Pulaski County; Arthur M. Gignilliat, Jr., of Chatham County.
The following named persons as members of the Board of Regents of the University System of Georgia, for terms beginning January 10, 1984 and ending January 1, 1991: Joseph D. Greene of McDuffie County; Jackie M. Ward of DeKalb County.
Honorable Edgar L. Rhodes of Haralson County as a member of the

MONDAY, FEBRUARY 6, 1984

1139

Board of Regents of the University System of Georgia, for the term of office beginning January 10, 1984 and ending January 1, 1985.
Honorable Donovan B. Bell, D.V.M., of Dodge County as a member of the State Board of Veterinary Medicine, for the term of office beginning October 25, 1983 and ending September 16, 1988.
Honorable Gerald Foskey of Johnson County as a member of the State Board of Veterinary Medicine, for the term of office beginning January 5, 1984 and ending June 30, 1985.
Honorable Larry L. Clark of Cobb County as Commissioner of the De partment of Administrative Services, for the term of office beginning De cember 6, 1983 and serving at the pleasure of the Governor.
Honorable Charles E. Storm of DeKalb County as Commissioner of Personnel Administration, for the term of office beginning January 11, 1983 and serving at the pleasure of the Governor.
Honorable Marcus E. Collins, Sr. of Mitchell County as Commissioner of the Department of Revenue, for the term of office beginning September 1, 1983 and serving at the pleasure of the Governor.
Sincerely,
/s/ Joe Frank Harris

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 3, 1984
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I am transmitting to you herewith a certified list of those persons who registered in the Docket of Legislative Appearance for the 1984 Regular Session the week of January 30, 1984, as of 3:00 P.M. this date. The list is numbered 499 through 520.
Please note additions to Registration Numbers 117, 369, and 487. Also note a deletion for Registration Number 117.

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With best wishes, I am
Attachment Received by /s/ Hamilton McWhorter, Jr.

Sincerely, /s/ Max Cleland

STATE OF GEORGIA Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those per sons, numbered 499 through 520, who have registered in the Docket of Leg islative Appearance as of February 3, 1984, 3:00 P.M., in accordance with Georgia Laws 1970, pp. 695 as the same appears on file and record in this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 3rd day of February, in the year of our Lord One Thousand Nine Hundred and eightyfour and of the Independence of the United States of America the Two Hundred and eighth.
/s/ Max Cleland Secretary of State.

499. Earl H. Higgins Fulton County Daily Report 6492 Maddox Road Morrow, Ga. 30260 (404) 521-1227
500. James D. King, Jr. MARTA 2274 Leafmore Drive Decatur, Ga. 30033 (404) 586-5049
501. James Clark Hoffer Ga. Federation of Teachers P.O. Box 281 Dawsonville, Ga. 30534 (404) 265-6797
502. Barbara B. Howard PAGE P.O. Box 157 Brooklet, Ga. 30415 (912) 842-2582

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503. Sarah French Wine and Spirits Wholesalers of Ga. 6 Piedmont Center, Suite 414 Atlanta, Georgia 30305 (404) 261-4518
504. Jim Kittrell Seaboard System Railroad 1590 Marietta Blvd, N.W. Atlanta, Georgia 30318 (404) 352-0425
505. Dr. Don Albinger Ga. Fraternal Congress 4757 Manly Court Stone Mountain, Ga. 30088 (404) 981-6060
506. Pamela C. Sweat Public Broadcasting 740 Bismarck Road, N.E. Atlanta, Ga. 30327 (404) 873-4477
507. Jeanne Maxwell Self 1315 Ponce de Leon Ave. Atlanta, Ga. 30306 (404) 378-1815
508. Bert James Construction Equipment Dealers 606 8th Avenue Albany, Ga. 31708 (912) 432-5151
509. Edward Sayad United Parcel 825 Saddlehill Road Roswell, Ga. 30075 (404) 993-1503
510. Billy J. Baron ABC Home Health Services P.O. Box 1056 Brunswick, Ga. 31520 (912) 264-1940
511. Donald E. Tefft Guy Carpenter & Company 125 Fortuma Court Roswell, Ga. 30075 (404) 237-9664
512. James A. Cody Ga. Sheriffs Assn. 800 Sweat Briar Lane Conyers, Ga. 30208 (404) 292-1955

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513. Teresa Nelson Ratel Candler Park Neighborhood 5050 Page Avenue, N.E. Atlanta, Georgia 30307 (404) 522-6262
514. J.R. Smith Ga. Motor Truckers Assn. 498 Rose Avenue Barnesville, Ga. 30204 (404) 358-1282
515. Debi Anne Villines Ga. Nurses Association 4253 English Oak Drive Doraville, Ga. 30340 (404) 338-7343
516. Laurance W. Lee Ga. Public Employees Assn. 5170 Twin Oak Drive Woodstock, Ga. 30188 (404) 926-2009
517. Larry Smith VA/Highland Neighborhood 1008 Rosewood Drive, N.E. Atlanta, Ga. 30316 (404) 872-8142
518. David Turkheimer Morningside Neighborhood 1113 University Drive, N.E. Atlanta, Georgia 30306 (404) 874-1280
519. James H. Purcell Independent Insurance Agents of Ga. P.O. Box 48386 Atlanta, Ga. 30362 (404) 458-0093
520. Rusty Kidd Medicare Association of Ga. MAG Mutual 938 Peachtree St., N.E. Atlanta, Georgia 30309 (404) 876-7535

Additions and Deletions
117. Joseph A. Sports Independent Bankers Association Catrala of Georgia International Horizons Kunian Enterprises Kree Institute

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1143

Pearle Vision Center 626 Candler Building c/o Joe Sports Associates Inc. Atlanta, Georgia 30303 (404) 659-3551
369. Robert P. Constantine, Jr. American Assn. of Landscape Architects-Ga. Chapter Health Insurance Assn. of America Perry and Company Mag Mutual Insurance Company 1100 Peachtree Center Harris Tower Atlanta, Georgia 30018 (404) 525-1100
487. Neta P. Peppers Ga. Federation of Business and Professional Women Ga. Assn. of Petroleum Retailers P.O. Box 225 Madison, Georgia 30650 (404) 342-1388

SENATE RULES CALENDAR
Monday, February 6, 1984
TWENTY-SEVENTH LEGISLATIVE DAY
SB 157 Junior Colleges--payments by board of regents to local operating au thorities (SUBSTITUTE) (H Ed--43rd)
SB 353 City, County--conditions to enter into multiyear lease (SUBSTI TUTE) (AMENDMENT) (FS&CA-G--43rd)
SB 378 School Vehicle Transporting Handicapped--ad valorem tax exempt (AMENDMENT) (B&F--5th)
SB 408 Tenant for Life--renunciation of adoption (SUBSTITUTE) (Judy--52nd)
SB 432 Supersedeas Bond--allow payment of fine as condition (Judy--35th)
SB 444 Development Authority--assign to Industry and Trade Department for administrative purposes (SUBSTITUTE) (ED&T--33rd)
SB 477 Motor Vehicles--unlawful to have certain windows tinted (Pub Saf--28th)
SB 488 Professional Practices Commission--maximum amount of per diem (Ed--50th)
SB 504 Compulsory School Attendance--extensively revise (SUBSTITUTE) (Ed--50th)
SR 19 Cities, Counties--incurring debt without referendum (SUBSTI TUTES) (AMENDMENT) (FS&CA-G--43rd)

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SR 281 SR 303 SR 326 SR 352 HB 1153 HB 1111 HB 1027 HB 1046 HB 594 HB 390 HR 443 HB 1109 HB 309 HB 1138 HB 994 HB 914 HB 872

Commissioner of Labor Sam Caldwell--relative to (AMEND MENT) (Gov Op--40th)
Senate Music Industry Committee--create (ED&T--26th)
Law Enforcement Officer Day in State--Tuesday, February 14, 1984 (Pub Saf--28th)
Senate Fiscal and Administrative Affairs Study Committee--create (Rules--12th)
Board of Recreation Examiners--change termination date (NREQ--20th)
Dispossessory Proceedings--proceedings on appeal (Judy--35th)
Physician's Assistant--application for approval to use (Hum R--52nd)
Chiefs of Police--annual training (Pub Saf--28th)
Landlord, Tenant--preemption by state of power to control amount of rent (SUBSTITUTE) (J&CL--45th)
Indigent Defense--no action for damages against attorney certain circumstances (Judy--26th)
Medical Radiation Health and Safety Study Committee--create (Hum R--42nd)
Board of Hearing Aid Dealers and Dispensers--continue but later terminate (Gov Op--25th)
Adoption--access to records (J&CL--33rd)
Garnishments by Tax Collectors--tax execution to appropriate court (J&CL--26th)
Funeral Services Board--continue but later terminate (Gov Op--30th)
Georgia Auctioneers Commission--change termination date (I&L--19th)
State Agency--pay fees incurred in agency legal proceedings to cer tain persons (ED&T--41st)

Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

The following general bill of the Senate, having been read the third time on Feb ruary 7 and postponed until February 10, 1983, tabled on February 11, 1983, and taken from the Table on February 1, 1984, was put upon its passage:

SB 157. By Senator Scott of the 43rd:
A bill to amend Article 4 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to junior colleges, so as to change the provisions

MONDAY, FEBRUARY 6, 1984

1145

relative to payments by the board of regents to certain local operating authorities.

Senators Scott of the 43rd, Stumbaugh of the 55th, Tysinger of the 41st and others offered the following substitute to SB 157:

A BILL
To be entitled an Act to amend Article 4 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to junior colleges, so as to change the provisions relative to payments by the board of regents to certain local operating authorities; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to junior colleges, is amended by striking Code Section 20-3-133 which reads as follows:
"20-3-133. There shall be paid to every local operating authority which shall have established a junior college under this article, upon which construction had commenced prior to January 1, 1964, and which is not operated as a unit of the university system under the board of regents an amount which shall be determined on the basis of a budget for each fiscal year, developed pursuant to a formula agreed upon by the local operating authority, the director of the Office of Planning and Budget, and the legislative budget analyst. Budgets prepared pursuant to this authority shall be for expenses incurred by a junior college for edu cational and general expenditures as set forth in the latest edition of the publication entitled 'College and University Business Administration.' Such formula shall include financial participation from the local operat ing authority to include student matriculation fees and funds derived from not less than a one-half nor more than a three-fourths mill tax es tablished by the local operating authority on the ad valorem tax digest of its political subdivision. No state funds shall be appropriated for capital construction. Expenditure under this article shall be audited annually by the Department of Audits and Accounts.",
and inserting in its place a new Code section to read as follows:
"20-3-133. (a) There shall be paid to every local operating authority which had established a junior college under the provisions of the 'Junior College Act of 1958,' upon which construction had commenced prior to January 1, 1964, and which is not operated as a unit of the University System of Georgia under the board of regents, an amount for each fiscal year which shall be a percentage of the total amount determined by:
(1) Multiplying the most recent annual budgeted general operations expenditures per FTE for the operation of the two-year institution of the university system with the largest enrollment times the number of FTE's to be delivered by the locally operated community junior college; and

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(2) Multiplying the amount determined under paragraph (1) of this subsection times:
(A) A factor of 0.60 for the fiscal year beginning July 1, 1984;
(B) A factor of 0.65 for the fiscal year beginning July 1, 1985;
(C) A factor of 0.70 for the fiscal year beginning July 1, 1986; and
(D) A factor of 0.75 for each fiscal year beginning on or after July 1, 1987; and
(3) Subtracting from the amount determined under paragraph (2) of this subsection the value of the one mill tax established by the local operating authority on the ad valorem tax digest of its political subdivi sion for the same year.
(b) For the purpose of this Code section, one FTE shall be the same as in operations of the University System of Georgia, with the total num ber of FTE's to be delivered by the local community junior college to be determined by the local operating authority and the Governor's Office of Planning and Budget. Budgets prepared pursuant to this authority shall be for educational and general expenditures as set forth in the latest edi tion of the publication entitled 'College and University Business Administration.'"
Section 2. This Act shall become effective July 1, 1984.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following fiscal note, as required by law, was read by the Secretary:

Department of Audits 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable W. W. Fincher, Jr., Chairman

Senate Higher Education Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 10, 1983

SUBJECT: Fiscal Note--Substitute to Senate Bill 157 (LC 14 2923S) Junior Colleges

The substitute version of this Bill proposes a change in the funding of local authorities operating a junior college which is not a unit of the Univer sity System of Georgia under the Board of Regents. Currently, only DeKalb

MONDAY, FEBRUARY 6, 1984

1147

Community College in DeKalb County falls within this category. The Bill would require that state funds allocated to the local authority be a percent age of the estimated cost to provide projected FTE (full time equivalent) credit hours for the year minus one tax mill as established by the tax digest of the local authority. The state fund amount would be based on 60% of estimated FTE costs in fiscal year 1984; 65% in fiscal year 1985; 70% in fiscal year 1986; and 75% in fiscal year 1987 and years thereafter. The Bill would effectively reduce the college's cost to students and county taxpayers while increasing the cost to the state.
Based on fiscal year 1983 data, this Bill would increase the fiscal year 1984 state funding level for DeKalb Community College by approximately $1.2 million over the college's fiscal year 1983 funding level of $6.5 million. Estimated cost increases for fiscal years 1985, 1986, and 1987 and years thereafter would be $2.2 million, $3.2 million, and $4.1 million, respectively. However, these costs are based on fiscal year 1983 data only; figures will vary in future years as FTE costs and local taxes change.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

Senator Scott of the 43rd asked unanimous consent that the substitute to SB 157 offered by Senators Scott of the 43rd, Stumbaugh of the 55th, Tysinger of the 41st and others be withdrawn; the consent was granted, and the substitute was withdrawn.

Senators Stumbaugh of the 55th, Starr of the 44th, Scott of the 43rd, Howard of the 42nd, Kennedy of the 4th, Burton of the 5th, Tysinger of the 41st, Gillis of the 20th, Allgood of the 22nd and Holloway of the 12th offered the following substitute to SB 157:

A BILL
To be entitled an Act to amend Article 4 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Junior College Act of 1958," so as to provide for additional funding of certain junior colleges and for the transfer of such colleges to the Board of Regents of the Univer sity System of Georgia after a transition period and for the operation of said college as a unit of said university system; to provide for a statement of purpose; to provide for definitions; to provide for the creation of transition commissions and for their membership and powers and duties; to provide for additional state funding of certain junior colleges during the transition pe riod; to provide for the reduction during the transition period of ad valorem taxes levied within certain county school districts to defray operating ex penses of a junior college; to authorize the transfer of property of certain junior colleges to the board of regents and for the execution of instruments in connection therewith; to provide that the boards of education operating junior colleges shall continue to be obligated for bonded indebtedness in curred for junior college purposes; to provide conditions for the implementa tion of the authority and requirements of the foregoing provisions; to provide

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for other matters relative to the foregoing; to provide effective dates; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Junior College Act of 1958," is amended by designating Code Sections 20-3-130 through 20-3-136 as Part 1 of said article and by adding at the end of said article a new Part 2 to read as follows:
"Part 2
20-3-140. It is the purpose of this part to establish procedures and requirements whereby certain junior colleges will be transferred to the Board of Regents of the University System of Georgia after a transition period and become a unit of the University System of Georgia. In con nection therewith, the General Assembly, by this part, expresses its ap proval of such junior colleges being acquired and operated by the Board of Regents of the University System of Georgia as provided in this part.
20-3-141. As used in this part, the term:
(1) 'Board of education' means the board of education of any county which owned, managed, and operated a junior college on January 1, 1984, and which is qualified to receive funds as a local operating author ity pursuant to the provisions of Code Section 20-3-133.
(2) 'Commission' means a junior college transition commission cre ated pursuant to Code Section 20-3-142 of this part.
(3) 'Junior college' means a junior college as defined in paragraph (1) of Code Section 20-3-131 which is owned by a board of education.
(4) 'Legislative delegation' means those members of the General As sembly whose senatorial or representative districts lie wholly or partly within the territorial boundaries of a county in which a junior college is located.
(5) 'Operating millage' means the ad valorem tax millage rate which a board of education is authorized to cause to be levied on the net tax digest of the county school district in which a junior college is located to defray the operating costs of the junior college.
(6) 'Regents' means the Board of Regents of the University System of Georgia.
(7) 'Transition period' means the period of time beginning on July 1, 1984, and ending on July 1, 1989.
(8) 'Unit of the university system' means a publicly supported insti tution for education beyond the twelfth grade which is under the control and management of regents.
20-3-142. (a) A junior college transition commission is created for each county in which a junior college is located. The commission shall be

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1149

composed of seven members appointed by the Governor with the advice and consent of a majority of the members of the legislative delegation. Four members of the commission shall be citizens of the county in which the junior college is located and at least two members shall be members of regents.
(b) The members of the commission shall be appointed by the Gov ernor to take office on July 1, 1984, as follows:
(1) The Governor shall make the seven appointments by May 1, 1984;
(2) The Governor shall convene a meeting of the legislative delega tion at the state capitol by not later than May 20, 1984;
(3) At the meeting of the legislative delegation, the members thereof shall act on each of the Governor's seven appointees;
(4) If a majority of the members of the legislative delegation do not consent to one or more of the Governor's appointees, the Governor shall convene another meeting at the state capitol of the legislative delegation within 30 days after the initial meeting at which the Governor shall sub mit the name of another appointee for each original appointee rejected by the legislative delegation; and
(5) If a majority of the members of the legislative delegation do not consent to one or more of the Governor's second appointees, the Governor shall make an appointment for each appointee so rejected without the advice and consent of the legislative delegation, but the Governor may not appoint any person who has been rejected by the legislative delegation.
(c) All members of the commission shall serve for the duration of the transition period. In the event of a vacancy on the commission for any reason, such vacancy shall be filled within 30 days after the occur rence of the vacancy by majority vote of the remaining members of the commission.
(d) Five members of the commission shall constitute a quorum for the transaction of routine business, but the affirmative vote of at least four members shall be required for an official decision of the commission.
(e) Members of the commission shall serve without compensation but may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties. Members of regents serving on the commission shall be reimbursed from the funds of regents. Citizen members shall be reimbursed from the funds of the board of education.
(f) The commission shall stand abolished on July 1, 1989.
20-3-143. (a) It shall be the duty of the commission during the tran sition period to review and comment upon and approve or disapprove de cisions of the board of education which directly affect the management and operation of a junior college and the expenditure of capital outlay funds for junior college purposes.

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(b) The budgets for a junior college during the transition period shall be subject to review and comment by the commission and, in con nection therewith, the commission may disapprove individual expendi tures provided by the budgets, but the right of disapproval shall not ex tend to an entire budget.
(c) It shall be the duty of the board of education to cooperate fully with the commission to enable the commission to carry out its duties dur ing the transition period. The board of education shall make its records relative to the junior college available to the commission and shall au thorize personnel employed by the board of education to assist the com mission. The board of education shall also provide reasonable supplies, equipment, and office space for the commission. The commission shall be authorized to employ its own personnnel to assist the commission, but any expenditure of funds of the board of education for such purpose shall be subject to the approval of the board of education.
20-3-144. (a) As a condition precedent to a junior college becoming a unit of the university system, the state, through additional appropria tions to regents for such purpose, shall increase its share of the mainte nance and operation costs of such junior college during the transition period in accordance with this Code section.
(b) The increase in the state share of the cost of maintenance and operation of such junior college, adjusted as provided in subsection (c) of this Code section, shall be as follows:
(1) Fiscal year 1984-85........................ 2,000,000.00 (2) Fiscal year 1985-86........................ 4,000,000.00 (3) Fiscal year 1986-87........................ 6,000,000.00 (4) Fiscal year 1987-88........................ 8,000,000.00 (5) Fiscal year 1988-89........................ 10,000,000.00 (6) Fiscal year 1989-90 and thereafter, acquisition by regents of the junior college effective July 1, 1989, as a unit of the university system and full state funding of the junior college in that capacity.
(c) Beginning with fiscal year 1985-86 through fiscal year 1989-90, the amounts specified in subsection (b) of this Code section shall be in creased for each fiscal year by a percentage equal to the percentage in crease in operating expenses of regents as reflected in annual appropria tions to regents.
(d) The state funding of junior colleges provided for in this Code section during the transition period is in addition to and not in lieu of state funding of junior colleges provided for in Code Section 20-3-133.
20-3-145. As a condition precedent to qualifying to receive the addi tional state funding of a junior college provided for in Code Section 20-3144 of this part, a board of education shall annually reduce the operating millage by 20 percent beginning with fiscal year 1985-86, so that effec tive July 1, 1989, and thereafter, the board of education shall not cause any levy of any ad valorem tax to be made within the county school district in which the junior college is located for operating millage for such junior college.

MONDAY, FEBRUARY 6, 1984

1151

20-3-146. (a) All real property, all physical facilities, and all per sonal property used by and directly for the purposes of a junior college shall be transferred to and become the property of regents on July 1, 1989, if the terms and conditions of this part are met and carried out during the transition period. Regents and the board of education are au thorized to execute any instruments necessary to carry out the provisions of this subsection.
(b) If the terms and conditions of this part are met and carried out and property is transferred to regents under subsection (a) of this Code section, effective July 1, 1989, and thereafter any such junior college shall be a unit of the university system and shall in all respects be subject to the control, management, and policies of regents in the same manner and to the same extent as any other unit of the university system.
20-3-147. Bonded indebtedness of a board of education incurred for junior college purposes shall remain the indebtedness of the board of edu cation and all obligations for such indebtedness shall continue to be the obligations of the board of education, notwithstanding the fact that such obligations may continue after the date a junior college becomes a unit of the university system pursuant to this part.
20-3-148. (a) The implementation of the authority and requirements of this part are conditioned on the following:
(1) The adoption by the board of education prior to May 1, 1984, of a resolution expressing approval of this part and the intention to comply with its terms and requirements;
(2) The adoption by regents prior to May 1, 1984, of a resolution expressing approval of this part and the intention to comply with its terms and requirements; and
(3) An appropriation by the General Assembly in the amount of $2,000,000.00 for fiscal year 1984-85 to regents for the purposes speci fied in paragraph (1) of subsection (b) of Code Section 20-3-144 of this part.
(b) A certified copy of the resolutions specified under paragraphs (1) and (2) of subsection (a) of this Code section shall, immediately after their adoption, be transmitted to the Governor and to each member of the legislative delegation."
Section 2. For the purposes of the appointment of a commission pur suant to quoted Code Section 20-3-142 of Section 1 of this Act and for the purposes of the adoption of the resolutions pursuant to quoted Section 20-3148 of Section 1 of this Act, this Act shall become effective upon its ap proval by the Governor or upon its otherwise becoming law. This Act shall be effective for all purposes on July 1, 1984.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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On the adoption of the substitute, the yeas were 41, 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Dean English

Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie
Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators Engram and Horton.

Those not voting were Senators:

Bond

Scott of 36th

Deal

Thompson

On the passage of the bill, the yeas were 50, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

MONDAY, FEBRUARY 6, 1984

1153

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1239. By Representatives Sizemore of the 136th, Groover of the 99th, Karrh of the 109th and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide that the death penalty may be carried out by lethal injection.

The following bill of the House was read the first time and referred to committee:

HB 1239. By Representatives Sizemore of the 136th, Groover of the 99th, Karrh of the 109th and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide that the death penalty may be carried out by lethal injection.
Referred to Committee on Judiciary and Constitutional Law.

The following general bill of the Senate, having been read the third time on Janu ary 16 and tabled, and taken from the Table on February 2, was put upon its passage:

SB 353. By Senator Scott of the 43rd:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipali ties, and other governmental entities, so as to specify the terms and condi tions under which counties and municipalities may enter into certain multiyear lease, purchase, and lease purchase contracts.

Senator Scott of the 43rd offered the following substitute to SB 353:

A BILL
To be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipalities, and other governmental entities, so as to specify the terms and conditions under which counties and municipalities may enter into certain multiyear lease, purchase, and lease purchase contracts; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 80 of Title 36 of the Official Code of Georgia An notated, relating to general provisions applicable to counties, municipalities,

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and other governmental entitites, is amended by adding at the end thereof a new Code Section 36-80-16 to read as follows:
"36-80-16. Each multiyear lease, purchase, or lease purchase con tract for services or personal property authorized for counties and munic ipalities under Article IX, Section V, Paragraph I(c) of the Constitution, shall be subject to the following limitations:
(1) The contract shall not exceed five years in length;
(2) Notice of intent to enter into that contract shall be published in a newspaper of general circulation in the county or municipality prior to the execution of the contract;
(3) Annual payments under that contract shall be equally amortized over the life of the contract; and
(4) The aggregate debt principal incurred on account of such con tracts shall not exceed the lesser of $10 million or one-half of 1 percent of the assessed value of all taxable property within the county or munici pality incurring that debt."
Section 2. This Act shall become effective only if an amendment to the Constitution changing the conditions under which counties and munici palities may incur debt is ratified at the 1984 general election. If that amendment to the Constitution is so ratified, this Act shall become effective January 1, 1985. If that amendment is not so ratified, this Act shall be void and of no force and effect and shall be automatically repealed.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senators Broun of the 46th and Coleman of the 1st offered the follow ing amendment:
Amend the substitute to SB 353 offered by Senator Scott of the 43rd by striking on Page 2, line 3, the following:
"and".
By striking the period and quotation marks at the end of line 8 of Page 2 and inserting in their place the following:
"; and".
By inserting between lines 8 and 9 of Page 2 the following:
"(5) No such contract shall be authorized by the governing authority of the municipality or county during the last six months of the term of office of the elected chief executive, mayor, or chairman of such gov erning authority.'"

On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.

MONDAY, FEBRUARY 6, 1984

1155

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, 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 Cobb Coggin Coleman Dawkins Dean

English Engram Fincher Foster Garner Gillis Harris Harrison Hill Holloway Howard Hudgins Huggins Kennedy Kidd

Lester McGill McKenzie Peevy Perry Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Walker

Those voting in the negative were Senators:

Burton Coverdell Hine

Horton Land

Phillips Tysinger

Those not voting were Senators:

Deal Greene

Scott of 36th

Timmons

On the passage of the bill, the yeas were 45, nays 7.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Coleman of the 1st introduced the doctor of the day, Dr. James C. Metts, of Savannah, Georgia.

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Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 378. By Senator Burton of the 5th:
A bill to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehi cles, so as to provide an exemption from ad valorem taxation for motor vehi cles owned by a school or educational institution and used for the purpose of transporting handicapped or disabled students to or from such school or edu cational institution.

The Senate Committee on Banking and Finance offered the following amendment:
Amend SB 378 by adding between the word "used" and the word "for" on lines 5 and 20 on Page 1 and on line 12 on Page 2 the following:
"principally".

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 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 Hine Holloway Horton Howard

Hudgins Huggins Kidd Land Lester McGill McKenzie Peevy Perry Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate

MONDAY, FEBRUARY 6, 1984

1157

Thompson Timmons

Trulock Turner

Tysinger Walker

Those not voting were Senators:

Deal

Kennedy (presiding)

Hill

Phillips

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 as amended.

SB 408. By Senator Hine of the 52nd:
A bill to amend Article 5 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to life estates, so as to provide that a tenant for life may renounce any intention to adopt a child or children.
The Senate Committee on Judiciary offered the following substitute to SB 408:
A BILL
To be entitled an Act to amend Article 5 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to life estates, so as to provide for the closure of the contingent remainder interest of certain classes subject to open through subsequent birth or adoption; to provide for proce dure; 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 5 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to life estates, is amended by adding a new Code Section immediately following Code Section 44-6-89, to be designated Code Section 44-6-90, to read as follows:
"44-6-90. (a) The judge of the superior court shall have jurisdiction to hear any case that:
(1) Involves a tenant for life in real property or the proceeds of real property;
(2) Involves a contingent remainder interest of a class subject to open through the subsequent event of a birth or an adoption; and
(3) Does not involve the creation of a perpetuity.
(b) In such cases, the judge may receive evidence on the likelihood of the expansion of the class of such remaindermen through the subse quent event of the birth or the adoption of another member of such class.

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The judge shall be authorized to make such findings of fact and law as to declare such class to be closed. Upon such findings, the judge shall re quire the life tenant to give bond in an amount sufficient to protect against any actual subsequent expansion of such class by the life tenant through birth or adoption. An order of the judge in such case shall con tain a determination of the free marketability of any concerned property.
(c) An action on the bond provided for in subsection (b) of this Code section shall be the sole recourse of any person who is interested in the remainder."
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 37, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Barnes
Bond Brannon
2TM1 % AC u Broun of 46th Brown of 47th
Burton Cobb Coggin Coverdell Dawkins Dean English Engram

Fincher Foster Garner Gillis Greene
Harris ffine
Horton Howard Hudgins Huggins Kidd Land Lester McGill

McKenzie Peevy Perry Phillips Reddish
Scott of 2nd Scott of 43rd
Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Coleman Deal

Harrison Hill

Kennedy (presiding) Scott of 36th

MONDAY, FEBRUARY 6, 1984

1159

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 432. By Senator Coggin of the 35th:
A bill to amend Code Section 5-6-45 of the Official Code of Georgia Anno tated, relating to supersedeas in criminal cases, so as to allow payment of a fine to be a condition of a supersedeas bond in certain cases.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Dean

English Engram Fincher Foster Garner Gillis Harris Hine Holloway Horton Hudgins Huggins Kidd Land Lester McGill

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Bond Deal Greene

Harrison Hill Howard

Kennedy (presiding) Scott of 36th Trulock

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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SB 444. By Senators Barnes of the 33rd, Trulock of the 10th and Dean of the 31st:
A bill to amend Code Section 50-10-3 of the Official Code of Georgia Anno tated, relating to the Georgia Development Authority, so as to assign the Georgia Development Authority to the Department of Industry and Trade for administrative purposes only.

The Senate Committee on Economic Development and Tourism offered the follow ing substitute to SB 444:

A BILL
To be entitled an Act to amend Code Section 50-10-3 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to change the membership of the authority; to assign the Georgia De velopment Authority to the Department of Industry and Trade for adminis trative purposes only; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 50-10-3 of the Official Code of Georgia An notated, relating to the Georgia Development Authority, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 50-10-3 to 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 ten members: the Commissioner of Agriculture, ex officio; the state auditor, ex officio; the commissioner of industry and trade, ex officio; the commissioner of community affairs, 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

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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 45-1516 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 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.
(e) The authority is assigned to the Department of Community Af fairs for administrative purposes only."
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 31, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Dean English

Engram Fincher Foster Garner Gillis Harris Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester McGill

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon Deal

Greene Harrison Hill

Kennedy (presiding) Scott of 36th

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 477. By Senator Cobb of the 28th:
A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment requirements for motor vehicles, so as to make it unlawful for any resident person to operate a mo tor vehicle in this state which has material and glazing applied or affixed to the front windshield which reduces light transmission through the wind shield or which has material and glazing applied or affixed to the front door windows which reduces light transmission through the window to less than 32 percent.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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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 Hine Holloway Horton Howard Hudgins Huggins Kidd Land

Lester McGill McKenzie Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Peevy.

Those not voting were Senators:

Deal

Kennedy (presiding)

Hill

Scott of 36th

Stumbaugh

On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed.

SB 488. By Senator Foster of the 50th:
A bill to amend Code Section 20-2-794 of the Official Code of Georgia An notated, relating to qualifications, oaths, and expenses of members of the Professional Practices Commission, so as to change the maximum amount of per diem expense reimbursement.
Senator Foster of the 50th offered the following amendment:
Amend SB 488 as follows:
By inserting in line 5 on Page 1 immediately preceding the phrase "to provide an effective date;" the following:
"to amend Code Section 20-2-986 of the Official Code of Georgia Annotated, relating to the reimbursement of expenses of members of the Professional Standards Commission, so as to change the maximum amount of per diem expense reimbursement;"

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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. Code Section 20-2-986 of the Official Code of Georgia Annotated, relating to the reimbursement of expenses of the Professional Standards Commission, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 20-2-986 to read as follows:
'20-2-986. Members of the commission shall receive no compensa tion for their services, but shall be reimbursed for their actual and neces sary expenses incurred in the performance of official commission busi ness, but such expenses shall not exceed $59.00 per day and mileage at the same rate as state officials and employees. It is specifically provided, however, that no member of the commission, with the exception of mem bers of the executive committee of the commission, shall be reimbursed from any public funds for such expenses for more than 15 days during each calendar year. A member of the commission who is an employee of an agency of the state, or any of its political subdivisions, including school systems, shall be permitted to attend commission meetings and perform other commission duties without loss of income or other benefits. An agency of Georgia, or any of its political subdivisions, including school systems, which employs a member of the commission and employs a person to replace such member during the member's performance of commission duties, or incurs other additional expenses as a result of such performance, shall be reimbursed for the actual amount of any costs so inccurred.'"

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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb

Coggin Coleman Coverdell Dawkins Dean English Engram Fincher Foster Garner Gillis Harris

Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester McGill McKenzie

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Peevy Perry Phillips
Reddish Scott of 2nd

Scott of 43rd Starr Tate Thompson Timmons

Trulock Turner Tysinger Walker

Those not voting were Senators:

Deal Greene

Hill Kennedy (presiding)

Scott of 36th Stumbaugh

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following 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 1139. By Representatives Kilgore of the 42nd, Crosby of the 150th, Williams of the 6th 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 authorize municipal cor porations to impose annual license fees on all types of insurance companies.

The President resumed the Chair.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 504. By Senators Foster of the 50th, Barnes of the 33rd, Dean of the 31st and others:
A bill to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory school attendance, so as to extensively revise said subpart.

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The Senate Committee on Education offered the following substitute to SB 504:
A BILL
To be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory school attendance, so as to extensively revise said subpart; to recognize the existence of public schools, private schools, and home study programs as educational entities; to define private schools and home study programs; to provide for duties and responsibilities of parents, guardians and children for the attendance of children in public or private schools or home study programs; to change the provisions relative to exemption from compul sory school attendance; to change the provisions relative to the duty to en force compulsory school attendance; to change the provisions relating to the duties of visiting teachers and attendance officers; to change the provisions relating to requirements for records of attendance and enrollment; to change the provisions relating to the authority of peace officers to take custody of truants; to change the provisions relating to the report of truants to juvenile courts; to repeal a provision relative to discontinuing the operation of public schools; to provide for penalties; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory school attendance, is amended by striking Code Section 20-2-690, relating to the responsibilities of parents and children relative to school attendance by chil dren, which reads as follows:
"20-2-690. (a) Every parent, guardian, or other person residing within this state having control or charge of any child or children be tween their seventh and sixteenth birthdays shall enroll and send such child or children to a public or private school; and such child shall be responsible for enrolling and attending a public or private school under such penalty for noncompliance with this subsection as is provided in Chapter 11 of Title 15 unless his failure to enroll and attend is caused by his parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be responsible; provided, however, that tests and physical exams for military service and the National Guard and such other absences as may be approved by the State Board of Education or the local board of education shall be excused absences.
(b) Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who shall violate this part shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed $100.00 or imprisonment not to exceed 30 days, or both, at the discretion of the court having jurisdiction. Each day's absence from school in violation of this part shall constitute a sepa rate offense.
(c) Visiting teachers and attendance officers shall have authority and it shall be their duty to file proceedings in court to enforce this part.",
in its entirety and substituting in lieu thereof two new Code Sections 20-2690 and 20-2-690.1 to read as follows:

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"20-2-690. (a) This subpart recognizes the existence of public schools, private schools, and home study programs as educational entities.
(b) As used in this subpart, the term 'private school' means an insti tution meeting the following criteria or requirements:
(1) The primary purpose of the institution is to provide education or, if the primary purpose of the institution is religious in nature, the institu tion shall provide the basic academic educational program specified in paragraph (4) of this subsection;
(2) The institution is privately controlled and operates on a continu ing basis;
(3) The institution provides instruction each 12 months for the equivalent of 180 school days of education with each school day consist ing of at least four and one-half school hours;
(4) The institution provides a basic academic educational program which includes, but is not limited to, reading, language arts, mathemat ics, social studies, and science;
(5) Within 30 days after the beginning of each school year, it shall be the duty of the administrator of each private school to provide to the superintendent of schools of each local public school district which has residents enrolled in the private school a list of the name, age, and resi dence of each resident so enrolled. At the end of each school month, it shall be the duty of the administrator of each private school to notify the superintendent of each local public school district of the name, age, and residence of each student residing in the public school district who enrolls or terminates enrollment at the private school during the immediately preceding school month. Enrollment records and reports shall not be used for any purpose except providing necessary enrollment information, ex cept with the permission of the parent or guardian of a child or pursuant to the subpoena of a court of competent jurisdiction; and
(6) Any building used by the institution for private school purposes meets all health and safety standards established under state law and local ordinances.
(c) Parents or guardians may teach their children at home in a home study program which meets the following requirements:
(1) The parent, parents, or guardian must submit a declaration of intent to utilize a home study program to the superintendent of schools of the local school district in which the home study program is located;
(2) The declaration shall include a list of the names and ages of the students who are enrolled in the home study program and the address where the home study program is located. Enrollment records and re ports shall not be used for any purpose except providing necessary enroll ment information, except with the permission of the parent or guardian of a child or pursuant to the subpoena of a court of competent jurisdiction;

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(3) Parents or guardians may teach only their own children in the home study program, but the parents or guardians may employ a tutor who holds at least a baccalaureate college degree to teach such children;
(4) The home study program shall provide a basic academic educa tional program which includes, but is not limited to, reading, language arts, mathematics, social studies, and science;
(5) The home study program must provide instruction each 12 months to home study students equivalent to 180 school days of educa tion with each school day consisting of at least four and one-half school hours;
(6) Attendance records for the home study program shall be kept and shall be submitted at the end of each month to the superintendent of schools of the local school district in which the home study program is located. Attendance records and reports shall not be used for any purpose except providing necessary attendance information, except with the per mission of the parent or guardian of a child or pursuant to the subpoena of a court of competent jurisdiction;
(7) Students in home study programs shall be subject to an appro priate nationally standardized testing program to evaluate their educa tional progress at least every three years beginning at the end of the third grade and records of such tests and scores shall be retained but shall not be required to be submitted to public educational authorities; and
(8) The home study program instructor shall write an annual pro gress assessment report which shall include the instructor's individualized assessment of the student's academic progress in each of the subject ar eas specified in paragraph (4) of this subsection, and such progress re ports shall be retained by the parent, parents, or guardian of children in the home study program for a period of at least three years.
(d) Any person who operates a private school without complying with the requirements of subsection (b) of this Code section or any per son who operates a home study program without complying with the re quirements of subsection (c) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $100.00.
(e) The State Board of Education shall devise, adopt, and make available to local superintendents of schools, administrators of private schools, and parents or guardians with children in home study programs such printed forms and procedures as may be reasonably necessary to carry out efficiently the reporting provisions of this Code section, but such printed forms and procedures shall not be inconsistent with or ex ceed the requirements of this Code section.
20-2-690.1 (a) Every parent, guardian, or other person residing within this state having control or charge of any child or children be tween their seventh and sixteenth birthdays shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program; and such child shall be responsible for

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enrolling in and attending a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program under such penalty for noncompliance with this subsection as is provided in Chapter 11 of Title 15, unless the child's failure to enroll and attend is caused by the child's parent, guard ian, or other person, in which case the parent, guardian, or other person alone shall be responsible; provided, however, that tests and physical ex ams for military service and the National Guard and such other ap proved absences shall be excused absences.
(b) Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who shall violate this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed $100.00 or imprisonment not to exceed 30 days, or both, at the discretion of the court having juris diction. Each day's absence from school in violation of this part shall constitute a separate offense.
(c) Local school superintendents in the case of private schools or home study programs and visiting teachers and attendance officers in the case of public schools shall have authority and it shall be their duty to file proceedings in court to enforce this subpart."
Section 2. Said subpart is further amended by striking Code Section 20-2-693, relating to exemptions from compulsory school attendance, in its entirety and substituting in lieu thereof a new Code Section 20-2-693 to read as follows:
"20-2-693. (a) Children between their seventh and sixteenth birth days who are excused from attendance in public school by county or in dependent school system boards in accordance with general policies and regulations promulgated by the State Board of Education shall be ex empt from this subpart. The state board, in promulgating its general pol icies and regulation, shall take into consideration sickness and other emergencies which may arise in any school community.
(b) Children between their seventh and sixteenth birthdays who are excused from attendance at private schools or home study programs for sickness or emergencies or for other reasons substantially the same as the reasons for excused absences from attendance at public school authorized by state board policy pursuant to subsection (a) of this Code section shall be exempt from this subpart."
Section 3. Said subpart is further amended by striking Code Section 20-2-694, relating to duties to enforce compulsory school attendance, in its entirety and substituting in lieu thereof a new Code Section 20-2-694 to read as follows:
"20-2-694. It shall be the duty of each county and independent school system board of education and each local school superintendent within the state to administer this subpart and to secure its enforcements in cooperation with the other state and county agencies and in coopera tion with the administrators of private schools and parents or guardians providing a home study program."

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Section 4. Said subpart is further amended by striking Code Section 20-2-696, relating to duties of visiting teachers and attendance officers, in its entirety and substituting in lieu thereof a new Code Section 20-2-696 to read as follows:
"20-2-696. In the discharge of the duties of their office, visiting teachers, acting visiting teachers, or attendance officers, shall:
(1) Cooperate fully with the Department of Human Resources, the Department of Labor, and other state agencies;
(2) Make monthly and annual reports to their respective local school superintendents on attendance and other problems of child school adjust ment in the public schools of their territory; and
(3) Comply with the rules and regulations of the county and inde pendent school system boards of education and the State Board of Education."
Section 5. Said subpart is further amended by striking Code Section 20-2-697, relating to requirements for records of attendance and enrollment, in its entirety and substituting in lieu thereof a new Code Section 20-2-697 to read as follows:
"20-2-697. (a) Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public schools in the county or independent school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all public schools to re port, in writing, to the visiting teacher or attendance officer of the county or of the independent school system the names, ages, and residences of all pupils in attendance at their schools and classes within 30 days after the beginning of the school term or terms and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All public schools shall keep daily records of attendance, verified by the teachers certifying such records. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Such records and reports shall not be used for any pur pose except providing necessary attendance information required by the State Board of Education, except with the permission of the parent or guardian of a child or pursuant to the subpoena of a court of competent jurisdiction.
(b) Any person failing to carry out the duties required by subsection (a) of this Code section shall be guilty of a misdemeanor and, upon con viction thereof, shall be punished by a fine not to exceed $100.00.
(c) The provisions of this Code section shall not apply to private schools or home study programs, and enrollment and attendance infor mation required for private schools or home study programs and penal ties for failure to comply with such requirements shall be as provided in Code Section 20-2-690."
Section 6. Said subpart is further amended by striking Code Section

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20-2-698, relating to the authority of peace officers to take custody of truant children, in its entirety and substituting in lieu thereof a new Code Section 20-2-698 to read as follows:
"20-2-698. Any peace officer may assume temporary custody, during school hours, of any child subject to compulsory school attendance who is found away from home and who is absent from a public or private school or a home study program without a valid written excuse from school offi cials or from the parent or guardian in charge of the home study program."
Section 7. Said subpart is further amended by striking Code Section 20-2-701, relating to the report of truants to juvenile court, in its entirety and substituting in lieu thereof a new Code Section 20-2-701 to read as follows:
"20-2-701. Local school superintendents as applied to private schools and home study programs or visiting teachers and attendance officers as applied to public schools, after written notice to the parent or guardian of a child, shall report to the juvenile or other court having jurisdiction under Chapter 11 of Title 15 any child who is absent from a public or private school or a home study program in violation of this subpart. If the judge of the court places such child in a home or in a public or private institution pursuant to Chapter 11 of Title 15, school shall be provided for such child."
Section 8. Said subpart is further amended by repealing Code Section 20-2-703, relating to discontinuing operation of public schools, which reads as follows:
"20-2-703. (a) As used in subsection (b) of this Code section, the term 'public school district or system' means all public school systems in this state.
(b) This subpart shall not apply in any public school district or sys tem in this state, whether county or independent, wherein the operation of the public schools by public officers of this state is discontinued.",
in its entirety and substituting in lieu of said repealed Code section the following:
"20-2-703. Reserved."
Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 10. All laws and parts of laws in conflict with this Act are repealed.

Senator Gillis of the 20th offered the following amendment:
Amend the substitute to SB 504 offered by the Senate Committee on Education by striking the semicolon on Page 5, line 9, and adding the following:

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"unless the child is physically unable to comply with the above rule."

On the adoption of the amendment, the yeas were 32, nays 7, and the amendment was adopted.

Senators Tate of the 38th and Allgood of the 22nd offered the following amendment:
Amend the substitute to SB 504 offered by the Senate Committee on Education by inserting on Page 4, line 31, after the word "program" the following:
"provided the teaching parent or guardian possesses at least a high school diploma or the equivalent GED Certificate."

On the adoption of the amendment, the yeas were 32, nays 8, and the amendment was adopted.

Senators Foster of the 50th and Barnes of the 33rd offered the following amendment:
Amend the substitute to SB 504 offered by the Senate Committee on Education as follows:
By inserting in line 17 on Page 4 between the word "submit" and the word "a" the following:
"within 30 days after the establishment of a home study program and by September 1 annually thereafter".
By striking the word "and" where it appears between the word "pro gram" and the word "the" in line 23 on Page 4 and inserting in lieu thereof a comma.
By inserting in line 24 on Page 4 immediately preceding the period following the word "located" the following:
", and a statement of the 12 month period that is to be considered the school year for that home study program".
By inserting in line 22 on Page 5 between the word "program" and the word "to" the following:
"administered in consultation with a person trained in the adminis tration and interpretation of norm reference tests".
By striking from line 13 on Page 6 the following:
"administrators of private schools,"
and inserting in lieu thereof the following:

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"who shall in turn make available to administrators of private schools".

On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Deal

Hill

Stumbaugh

On the passage of the bill, the yeas were 52, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

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Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

The following bill of the House was read the first time and referred to committee:

HB 1139. By Representatives Kilgore of the 42nd, Crosby of the 150th, Williams of the 6th 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 authorize municipal cor porations to impose annual license fees on all types of insurance companies.
Referred to Committee on Banking and Finance.

The following general resolution of the Senate, having been read the third time on January 16 and tabled, and taken from the Table on February 2, was put upon its adoption:

SR 19. By Senator Scott of the 43rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for conditions and limitations whereby a county, municipality, or other political subdivision may incur debt without the necessity of a referendum; to provide for the submission of this amendment for ratification or rejection.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to SR 19:

A RESOLUTION
Proposing an amendment to the Constitution so as to change the condi tions under which counties and municipalities of this state may incur debt and to provide that revenue bonds and other obligations, if incurred to pro vide certain public facilities, shall constitute debt; to provide for the submis sion of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Section V of Article IX of the Constitution is amended by striking Paragraph I thereof, relating to debt limitations of counties, munici palities, and other political subdivisions, and inserting in its place a new Paragraph I to read as follows:
"Paragraph I. Debt limitations of counties, municipalities, and other political subdivisions, (a) The debt incurred by any county, municipality, or other political subdivision of this state, including but not limited to debt incurred on behalf of any special district, shall never exceed 10 per cent of the assessed value of all taxable property within such county, municipality, or political subdivision.
(b) Except for that debt authorized for counties and municipalities

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under subparagraph (c) of this Paragraph, no county, municipality, or other political subdivision of this state shall incur any new debt without the assent of a majority of the qualified voters of such county, municipal ity, or political subdivision voting in an election held for that purpose as provided by law.
(c) (1) A county or municipality may incur debt, the aggregate of which debt principal, excluding any debt principal incurred pursuant to subparagraph (b) of this Paragraph, does not exceed 1 percent of the assessed value of all taxable property within that county or municipality only as provided in this subparagraph. Debt incurred pursuant to this subparagraph may be incurred without the need to comply with subpara graph (b) of this Paragraph, but the principal amount of that debt shall be included in the total outstanding indebtedness of the county or munic ipality for purposes of the limit on indebtedness specified by subpara graph (a) of this Paragraph.
(2) An amount not exceeding one-half of the total debt amount au thorized by paragraph (1) of this subparagraph may be incurred by a county or municipality only for the provision of land, buildings, equip ment, or furnishings solely for use as jails, criminal correctional institu tions, or criminal detention facilities, but only when required by order of a federal court or a superior court of this state.
(3) An amount not exceeding one-half of the total debt amount au thorized by paragraph (1) of this subparagraph may be incurred by a county or municipality only for lease, purchase, or lease purchase con tracts not to exceed five years in duration under such other terms and conditions as provided by general law.
(d) Notwithstanding subparagraph (a) of this Paragraph, all local school systems which are authorized by law on June 30, 1983, to incur debt in excess of 10 percent of the assessed value of all taxable property therein shall continue to be authorized to incur such debt.
(e) Notwithstanding subparagraphs (a) and (b) of Paragraph I of Section HI of this article, revenue bonds issued or other indebtedness incurred by a public authority, agency, or corporation to provide public facilities for a county, municipality, or other political subdivision of this state shall constitute debt of that county, municipality, or political subdi vision within the meaning of this Paragraph, if that public facility or any part thereof is used for any of the following purposes:
(1) Courthouse;
(2) City hall;
(3) Administrative or governmental office;
(4) Jail;
(5) Police station;
(6) Fire station;

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(7) Public health building, except as authorized in subparagraph (c) of Paragraph I of Section III of this article;

(8) School building; or

(9) Any other public facility which is specified by general or local law as being a 'public facility' within the meaning of this subparagraph.

(f) Constitutional amendments continued in force and effect pursu ant to Article XI, Section I, Paragraph IV and valid laws enacted pursu ant to such amendments shall continue to be valid as long as so contin ued, notwithstanding the provisions of this Paragraph, and any power or authority granted by such amendments or laws shall not be limited by the provisions of this paragraph."

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 change the conditions under which counties and municipalities of this state may incur debt and to provide that revenue
bonds and other obligations, if incurred to provide cer tain public facilities, shall constitute debt?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Senator Scott of the 43rd offered the following substitute to SR 19:

A RESOLUTION
Proposing an amendment to the Constitution so as to change the condi tions under which counties and municipalities of this state may incur debt; 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. Section V of Article IX of the Constitution is amended by striking Paragraph I thereof, relating to debt limitations of counties, munici palities, and other political subdivisions, and inserting in its place a new Paragraph I to read as follows:
"Paragraph I. Debt limitations of counties, municipalities, and other political subdivisions, (a) The debt incurred by any county, municipality,

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1177

or other political subdivision of this state, including but not limited to debt incurred on behalf of any special district, shall never exceed 10 per cent of the assessed value of all taxable property within such county, municipality, or political subdivision.

(b) Except for that debt authorized for counties and municipalities under subparagraph (c) of this Paragraph, no county, municipality, or other political subdivision of this state shall incur any new debt without
the assent of a majority of the qualified voters of such county, municipal ity, or political subdivision voting in an election held for that purpose as provided by law.

(c) A county or municipality may incur debt, the aggregate of which debt principal, excluding any dept principal incurred pursuant to subpar agraph (b) of this Paragraph, does not exceed one-half of 1 percent of the assessed value of all taxable property within that county or munici pality only for multiyear lease, purchase, or lease purchase contracts for services or personal property under such other terms and conditions as provided by general law.

(d) Notwithstanding subparagraph (a) of this Paragraph, all local school systems which are authorized by law on June 30, 1983, to incur debt in excess of 10 percent of the assessed value of all taxable property therein shall continue to be authorized to incur such debt.

(e) Constitutional amendments continued in force and effect pursu ant to Article XI, Section I, Paragraph IV and valid laws enacted pursu ant to such amendments shall continue to be valid as long as so contin ued, notwithstanding the provisions of this Paragraph, and any power or authority granted by such amendments or laws shall not be limited by the provisions of this Paragraph."

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 change the conditions under which counties and municipalities of this state may incur debt?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Senator Coverdell of the 40th offered the following amendment: Amend the substitute to SR 19 offered by the Senate Committee on

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Federal, State and Community Affairs by adding on line 27 of Page 3 after the word "other" the following:
"nonrevenue producing".

On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.

Senator Phillips of the 9th offered the following amendment:
Amend the substitute to SR 19 offered by Senator Scott of the 43rd by striking lines 4 through 7 of Page 2 and inserting in their place the following:
"Paragraph, does not exceed the lesser of $10 million or one-half of 1 percent of the assessed value of all taxable property within that county or municipality only for lease, purchase, or lease purchase contracts not exceeding five years in length for services or".
By striking line 2 of Page 3 and inserting in its place the following:
"to authorize".
By striking line 4 of Page 3 and inserting in its place the following:
"state to incur, without referendum approval, debt for certain contracts?'"

On the adoption of the amendment, the yeas were 17, nays 20, and the amend ment was lost.

Senator Phillips of the 9th moved that the Senate reconsider its action in defeating the amendment offered by Senator Phillips of the 9th to the substitute to SR 19 offered by Senator Scott of the 43rd.

On the motion, the yeas were 10, nays 22; the motion was lost, and the amend ment was not reconsidered.

Senators Broun of the 46th and Coleman of the 1st offered the following amendment:
Amend the substitute to SR 19 offered by Senator Scott of the 43rd by striking from line 1 of Page 2 the following:
"A",
and inserting in lieu thereof the following:
"Except as provided in this subparagraph, a".

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1179

By striking from line 9 of Page 2 the following: "law.",
and inserting in lieu thereof the following:
"law. However, no debt may be incurred under this subparagraph for multiyear lease, purchase, or lease purchase contracts entered into during the last six months of the term of office of the elected chief execu tive, mayor, or chairman of the governing authority of the county or municipality."

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

On the adoption of the substitute to SR 19 offered by the Senate Committee on Federal, State and Community Affairs, the yeas were 0, nays 38, and the substitute was lost.

On the adoption of the substitute to SR 19 offered by Senator Scott of the 43rd, the yeas were 39, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to by substitute 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:

Barnes Bond Bowen Brannon Broun of 46th Bryant Cobb Coggin Coleman Dawkins Dean English

Engram Fincher Foster Garner Gillis Greene Harris Holloway Howard Hudgins Huggins Kidd

Land McGill McKenzie Peevy Perry Reddish Scott of 36th Scott of 43rd Timmons Trulock Turner Walker

Those voting in the negative were Senators:

Allgood Brantley

Brown of 47th Burton

Coverdell Harrison

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Hine Horton Lester

Phillips Starr Tate

Thompson Tysinger

Those not voting were Senators:

Barker Deal

Hill Kennedy (presiding)

Scott of 2nd Stumbaugh

On the adoption of the resolution, the yeas were 36, nays 14.

The resolution, having failed to receive the requisite two-thirds constitutional ma jority, was lost.

Senator Scott of the 43rd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SR 19.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

At 1:30 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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1181

Senate Chamber, Atlanta, Georgia Tuesday, February 7, 1984
Twenty-eighth Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.

Senator Scott of the 43rd moved that the Senate reconsider its action of Monday, February 6 in defeating the following resolution of the Senate:

SR 19. By Senator Scott of the 43rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for conditions and limitations whereby a county, municipality, or other political subdivision may incur debt without the necessity of a referendum; to provide for the submission of this amendment for ratification or rejection.

On the motion, the yeas were 30, nays 2; the motion prevailed, and SR 19 was reconsidered and placed at the foot of the Senate General Calendar.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 873. By Representative Phillips of the 93rd:
A bill to provide homestead exemptions from Harris County and Harris County School District ad valorem taxes; to provide requirements to be eli gible to claim such exemptions.

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HB 1438. By Representative Balkcom of the 140th:
A bill to amend an Act to provide compensation for the members of the board of education of Baker County, so as to change the compensation of the chairman and members of said board.

HB 1440. By Representatives Ross of the 82nd and Evans of the 84th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Lincoln County.

HB 1462. By Representative Phillips of the 120th:
A bill to provide for the composition of the Board of Education of Wheeler County.

HB 1463. By Representative Branch of the 137th:
A bill to amend an Act creating a board of commissioners of Ben Hill County, so as to provide for election of members of the board of commis sioners and the districts from which they shall be elected.

HB 1464. By Representative Sizemore of the 136th:
A bill to amend an Act creating and establishing a board of commissioners of roads and revenues of Worth County, so as to change the compensation of the chairman and members of the board of commissioners of Worth County.

HB 1465. 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 commissioner.

The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 459. By Senator Bowen of the 13th:
A bill to change the provisions relating to the Magistrate Court of Dooly County, so as to change the manner of selecting the chief magistrate thereof and to provide for terms of and vacancies in such office.

SB 471. By Senators Greene of the 26th, Harris of the 27th and McKenzie of the 14th:
A bill to amend an Act providing for supplements to the salaries of the judges and district attorney of the superior courts of the Macon Judicial Circuit, so as to change the provisions relating to the supplement to be paid

TUESDAY, FEBRUARY 7, 1984

1183

to each judge of the superior courts of said circuit; to provide for the contri butions to be paid by each county comprising said circuit; to provide an effective date.

SB 475. By Senator Kidd of the 25th:
A bill to make provisions for the Magistrate Court of Putnam County; to provide for legislative intent; to provide for the appointment of a chief mag istrate and one other magistrate; to provide for a clerk.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1149. By Representative Beck of the 148th:
A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to redefine the term "savings and loan association".

HB 1015. By Representatives Isakson, Aiken, Atkins and Wilder of the 21st and others:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the State Employees' Health Insurance Plan, so as to authorize the State Personnel Board to contract with the Tommy Nobis Center, Inc., for the inclusion in the health insurance plan of shel tered employees of the center whose compensation is derived wholly or par tially from funds received through the Division of Rehabilitation Services of the Department of Human Resources.

HB 1160. By Representatives Hasty of the 8th, Beck of the 148th, Bray of the 91st and others:
A bill to amend Chapter 2 of Title 7 of the Official Code of Georgia Anno tated, relating to the Credit Union Deposit Insurance Corporation, so as to provide that any financial institution chartered under the laws of the United States or any state or territory of the United States shall be eligible for membership in the corporation and for deposit insurance coverage written by the corporation.

HB 1038. By Representatives Murphy of the 18th and Evans of the 84th:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to district at torneys, so as to revise completely the provisions relating to assistant district attorneys.

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HB 1197. By Representatives Walker of the 85th, McVeigh of the 155th, Benn of the 38th and others:
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 the service charge allowable for bad checks.

HB 928. By Representatives Logan of the 67th, McDonald of the 12th and Argo of the 68th:
A bill to amend Part 3 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to payment of teachers' salaries, so as to provide for payments by the Department of Education to public school teachers who meet certain standards and perform supervising teacher services.

HB 1163. By Representatives Thomas of the 69th, Johnson of the 70th and Bolster of the 30th:
A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services generally, so as to provide legislative intent.

HB 1242. By Representatives Johnson of the 70th, Wilson of the 20th, Rainey of the 135th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of in come taxes, so as to provide a tax credit for the cost of active or passive solar energy systems.

HB 938. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to voting machines and vote recorders, and Ar ticle 9 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to the use of voting machines and vote recorders in municipal elec tions, so as to provide for the inspection, examination, and certification of tabulating machines by the Secretary of State.

HB1101. By Representatives Hooks of the 116th, Chambless of the 133rd and Walker of the 115th:
A bill to amend Code Section 42-8-73 of the Official Code of Georgia Anno tated, relating to community service work for certain offenders, so as to re quire the community service officer to consider an offender's work schedule when scheduling community service.

TUESDAY, FEBRUARY 7, 1984

1185

HB 1107. By Representatives Chance of the 129th, Crosby of the 150th, Phillips of the 120th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to create the Revenue Bond Advisory Commission for the purpose of investigating and making reports and recommendations with respect to revenue bond financing as it affects governmental bodies in Georgia.

HB 1201. By Representative Ramsey of the 3rd:
A bill to amend Code Section 33-34-10 of the Official Code of Georgia An notated, relating to requirement of proof of insurance prior to licensing of motor vehicles, so as to change the amount of restoration fee charged for the return of any operator's license, motor vehicle license tag, and tag registra tion which has been suspended.

HB 1274. By Representatives Argo of the 68th, Logan of the 67th, Milford and Clark of the 13th:
A bill to repeal "An Act to provide for a board of elections in certain counties".

HB 1067. By Representatives Barnes of the 90th, Padgett of the 86th, Cheeks of the 89th 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 general authority, duties, and proce dure relative to state purchasing, so as to provide for preferences to vendors who are residents of Georgia.

HB 464. By Representatives Ware of the 77th, Wood of the 9th and Auten of the 156th:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Anno tated, relating to general provisions regarding insurance, so as to define a term.

HB 602. By Representative Richardson of the 52nd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for a new Arti cle 2 relating to termination of parental rights and to make certain editorial changes connected therewith.

HB 790. By Representative Colbert of the 23rd:
A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to Metropolitan Area Planning and Develop ment Commissions, so as to change the composition of membership of a commission.

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HB 817. By Representative Workman of the 51st:
A bill to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings and other structures generally, so as to provide for the regulation of elevators, dumbwaiters, escalators, mov ing walks, manlifts, and facilities and equipment associated therewith.

HB 886. By Representative Dobbs of the 74th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to provide that the policy of the state is that all bills owed by the state will be paid on time.

The House has adopted by the requisite constitutional majority the following reso lution of the Senate:

SR 276. By Senators Barnes of the 33rd and Brantley of the 56th:
A resolution encouraging the contribution of funds for the Georgia Museum of Art, being the State Museum of Art for the State of Georgia, for the purpose of constructing a new building.

The House has passed by the requisite constitutional majority the following bill of the Senate:

SB 344. By Senators Hudgins of the 15th, Cobb of the 28th, Hill of the 29th and others:
A bill to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to gasoline marketing practices, so as to change certain provisions relating to the selling of controlled product to another dis tributor for retail sale.

The House has adopted by the requisite constitutional majority the following reso lutions of the House:

HR 587. By Representative Lambert of the 66th:
A resolution authorizing the State of Georgia, acting for and on behalf of the State of Georgia and its Department of Archives and History, to enter into a rental agreement, as that term is defined in paragraph (9) of Code Section 50-16-31 of the Official Code of Georgia Annotated, concerning cer tain state owned improved real property, located within the City of Atlanta, Fulton County, Georgia, and known as Rhodes Memorial Hall, with The Georgia Trust For Historic Preservation, Inc.

TUESDAY, FEBRUARY 7, 1984

1187

HR 625. By Representative Godbee of the 110th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey certain state owned real property located in the City of Millen, Jenkins County, Georgia, to the City of Millen.

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 521. By Senators Greene of the 26th, Harris of the 27th and Barker of the 18th:
A bill to amend an Act creating the Civil Court of Bibb County, as amended, so as to change the jurisdiction of said court; to provide for juris diction in garnishment proceedings.
Referred to Committee on Federal, State and Community Affairs.

SB 522. By Senators Dawkins of the 45th and Walker of the 19th:
A bill to amend Code Section 34-8-40 of the Official Code of Georgia Anno tated, relating to the definition of the term "employment" in connection with employment security, so as to provide that the term "employment" shall not include services performed by an individual for a firm as a parttime job opinion or marketing research interviewer.
Referred to Committee on Judiciary and Constitutional Law.

SB 523. By Senators Cobb of the 28th and Walker of the 19th:
A bill to amend Article 2 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to trapping, trappers, and fur dealers, so as to change the provisions relating to prohibited activities relative to trapping.
Referred to Committee on Natural Resources and Environmental Quality.

SB 524. By Senator Broun of the 46th:
A bill to amend Code Section 12-3-233 of the Official Code of Georgia An notated, relating to the appointment and terms of the members of the Jekyll Island State Park Authority, so as to change the membership of said authority.
Referred to Committee on Economic Development and Tourism.

SB 525. By Senator Kennedy of the 4th:
A bill to provide legislative intent; to provide that the chief magistrate of the Magistrate Court of Evans County shall be appointed by a majority vote of the judges of the Superior Courts of the Atlantic Judicial Circuit with the approval and concurrence of the board of commissioners of Evans County.
Referred to Committee on Federal, State and Community Affairs.

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SB 526. By Senators Garner of the 30th and Perry of the 7th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, etc., education, so as to provide that any principal, teacher, school administrator, or other school employee who on or off school property confiscates from any student or takes custody of any controlled substance or marijuana at school or a school function or traveling to or from school or a school function shall be required to deliver immediately such substance to a law enforcement unit of the county where the substance is found; to provide a penalty for failure to comply with the requirements of this Act; to change the provisions relating to grounds for termination or suspension of teachers, principals, or other school employees; to provide an effective date.
Referred to Committee on Judiciary and Constitutional Law.

SB 527. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 28-8-2 of the Official Code of Georgia Anno tated, relating to the creation of the Georgia Criminal Justice Improvement Council, so as to change the composition of said council; to provide an effec tive date.
Referred to Committee on Public Safety.

SB 528. By Senator Coverdell of the 40th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile courts; so as to authorize a program of state subsidies to assist in the funding of juvenile intake workers and juvenile pro bation officers in certain judicial circuits.
Referred to Committee on Children and Youth.

SB 529. By Senator Scott of the 2nd:
A bill to repeal an Act creating boards of elections in each county of this state having a population of not less than 200,000 nor more than 250,000 according to the United States decennial census of 1980 or any future such census, as amended; to provide that this Act shall become effective on a certain date only if an Act creating a Board of Elections and Registration of Chatham County is enacted under certain conditions.
Referred to Committee on Federal, State and Community Affairs.

SB 530. By Senators Harrison of the 37th, Brantley of the 56th and Barnes of the 33rd:
A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, as amended, so as to change the provisions relating to the compensation of the chairman and other mem bers of the board of education.
Referred to Committee on Federal, State and Community Affairs.

TUESDAY, FEBRUARY 7, 1984

1189

SB 531. By Senator Stumbaugh of the 55th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing and regula tion of automobile clubs or associations.
Referred to Committee on Governmental Operations.

SB 532. By Senator Greene of the 26th:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Anno tated, relating to telephone and telegraph service, so as to provide that the unauthorized interception and reception of cable television services shall be unlawful.
Referred to Committee on Judiciary and Constitutional Law.

SR 375. By Senator Coverdell of the 40th:
A resolution relative to participation in the state health insurance plan by health department employees of all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.
Referred to Committee on Federal, State and Community Affairs (General).

The following bills and resolutions of the House were read the first time and re ferred to committees:

HB 464. By Representatives Ware of the 77th, Wood of the 9th and Auten of the 156th:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Anno tated, relating to general provisions regarding insurance, so as to define a term.
Referred to Committee on Insurance.

HB 602. By Representative Richardson of the 52nd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for a new Arti cle 2 relating to termination of parental rights and to make certain editorial changes connected therewith.
Referred to Committee on Children and Youth.

HB 790. By Representative Colbert of the 23rd:
A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to Metropolitan Area Planning and Develop ment Commissions, so as to change the composition of membership of a commission.
Referred to Committee on Federal, State and Community Affairs (General).

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HB 817. By Representative Workman of the 51st:
A bill to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings and other structures generally, so as to provide for the regulation of elevators, dumbwaiters, escalators, mov ing walks, manlifts, and facilities and equipment associated therewith.
Referred to Committee on Industry and Labor.

HB 886. By Representative Dobbs of the 74th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to provide that the policy of the state is that all bills owed by the state will be paid on time.
Referred to Committee on Governmental Operations.

HB 928. By Representatives Logan of the 67th, McDonald of the 12th and Argo of the 68th:
A bill to amend Part 3 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to payment of teachers' salaries, so as to provide for payments by the Department of Education to public school teachers who meet certain standards and perform supervising teacher services.
Referred to Committee on Appropriations.

HB 938. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to voting machines and vote recorders, and Ar ticle 9 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to the use of voting machines and vote recorders in municipal elec tions, so as to provide for the inspection, examination, and certification of tabulating machines by the Secretary of State.
Referred to Committee on Governmental Operations.

HB 1015. By Representatives Isakson, Aiken, Atkins and Wilder of the 21st and others:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the State Employees' Health Insurance Plan, so as to authorize the State Personnel Board to contract with the Tommy Nobis Center, Inc., for the inclusion in the health insurance plan of shel tered employees of the center whose compensation is derived wholly or par tially from funds received through the Division of Rehabilitation Services of the Department of Human Resources.
Referred to Committee on Insurance.

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1191

HB 1038. By Representatives Murphy of the 18th and Evans of the 84th:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to district at torneys, so as to revise completely the provisions relating to assistant district attorneys.
Referred to Committee on Judiciary and Constitutional Law.

HB 1067. By Representatives Barnes of the 90th, Padgett of the 86th, Cheeks of the 89th 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 general authority, duties, and proce dure relative to state purchasing, so as to provide for preferences to vendors who are residents of Georgia.
Referred to Committee on Governmental Operations.

HB 1101. By Representatives Hooks of the 116th, Chambless of the 133rd and Walker of the 115th:
A bill to amend Code Section 42-8-73 of the Official Code of Georgia Anno tated, relating to community service work for certain offenders, so as to re quire the community service officer to consider an offender's work schedule when scheduling community service.
Referred to Committee on Offender Rehabilitation.

HB 1107. By Representatives Chance of the 129th, Crosby of the 150th, Phillips of the 120th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to create the Revenue Bond Advisory Commission for the purpose of investigating and making reports and recommendations with respect to revenue bond financing as it affects governmental bodies in Georgia.
Referred to Committee on Economic Development and Tourism.

HB 1149. By Representative Beck of the 148th:
A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to redefine the term "savings and loan association".
Referred to Committee on Banking and Finance.

HB 1160. By Representatives Hasty of the 8th, Beck of the 148th, Bray of the 91st and others:
A bill to amend Chapter 2 of Title 7 of the Official Code of Georgia Anno tated, relating to the Credit Union Deposit Insurance Corporation, so as to provide that any financial institution chartered under the laws of the United States or any state or territory of the United States shall be eligible for

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membership in the corporation and for deposit insurance coverage written by the corporation.
Referred to Committee on Banking and Finance.

HB 1163. By Representatives Thomas of the 69th, Johnson of the 70th and Bolster of the 30th:
A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services generally, so as to provide legislative intent.
Referred to Committee on Children and Youth.

HB 1197. By Representatives Walker of the 85th, McVeigh of the 155th, Benn of the 38th and others:
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 the service charge allowable for bad checks.
Referred to Committee on Judiciary.

HB 1201. By Representative Ramsey of the 3rd:
A bill to amend Code Section 33-34-10 of the Official Code of Georgia An notated, relating to requirement of proof of insurance prior to licensing of motor vehicles, so as to change the amount of restoration fee charged for the return of any operator's license, motor vehicle license tag, and tag registra tion which has been suspended.
Referred to Committee on Transportation.

HB 1242. By Representatives Johnson of the 70th, Wilson of the 20th, Rainey of the 135th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of in come taxes, so as to provide a tax credit for ihe cost of active or passive solar energy systems.
Referred to Committee on Industry and Labor.

HB 1274. By Representatives Argo of the 68th, Logan of the 67th, Milford of the 13th and Clark of the 13th:
A bill to repeal "An Act to provide for a board of elections in certain counties".
Referred to Committee on Governmental Operations.

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HB 873. By Representative Phillips of the 93rd:
A bill to provide homestead exemptions from Harris County and Harris County School District ad valorem taxes; to provide requirements to be eli gible to claim such exemptions.
Referred to Committee on Federal, State and Community Affairs.

HB 1438. By Representative Balkcom of the 140th:
A bill to amend an Act to provide compensation for the members of the board of education of Baker County, so as to change the compensation of the chairman and members of said board.
Referred to Committee on Federal, State and Community Affairs.

HB 1440. By Representatives Ross of the 82nd and Evans of the 84th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Lincoln County.
Referred to Committee on Federal, State and Community Affairs.

HB 1462. By Representative Phillips of the 120th:
A bill to provide for the composition of the Board of Education of Wheeler County.
Referred to Committee on Federal, State and Community Affairs.

HB 1463. By Representative Branch of the 137th:
A bill to amend an Act creating a board of commissioners of Ben Hill County, so as to provide for election of members of the board of commis sioners and the districts from which they shall be elected.
Referred to Committee on Federal, State and Community Affairs.

HB 1464. By Representative Sizemore of the 136th:
A bill to amend an Act creating and establishing a board of commissioners of roads and revenues of Worth County, so as to change the compensation of the chairman and members of the board of commissioners of Worth County.
Referred to Committee on Federal, State and Community Affairs.

HB 1465. 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 commissioner.
Referred to Committee on Federal, State and Community Affairs.

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HR 587. By Representative Lambert of the 66th:
A resolution authorizing the State of Georgia, acting for and on behalf of the State of Georgia and its Department of Archives and History, to enter into a rental agreement, as that term is defined in paragraph (9) of Code Section 50-16-31 of the Official Code of Georgia Annotated, concerning cer tain state owned improved real property, located within the City of Atlanta, Fulton County, Georgia, and known as Rhodes Memorial Hall, with The Georgia Trust For Historic Preservation, Inc.
Referred to Committee on Public Utilities.

HR 625. By Representative Godbee of the 110th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey certain state owned real property located in the City of Millen, Jenkins County, Georgia, to the City of Millen.
Referred to Committee on Public Utilities.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Children and Youth has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 509. HB 152. HB 1029.

Do pass. Do pass by substitute. Do pass by substitute.

HB 1054. Do pass. HB 1083. Do pass.

Respectfully submitted,

Senator Hudgins of the 15th District, Chairman.

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 515. HB 599. HB 1224. HB 1323. HB 1374.

Do pass. Do pass by substitute. Do pass. Do pass. Do pass.

HB 1377. HB 1386. HB 1387. HB 1388. HB 1389.

Do pass. Do pass. Do pass. Do pass. Do pass.

TUESDAY, FEBRUARY 7, 1984

1195

HB 1393. HB 1401. HB 1402. HB 1405. HB 1406. HB 1407.

Do pass by substitute. Do pass. Do pass. Do pass. Do pass. Do pass.

HB 1408. HB 1409. HB 1410. HB1411. HB 1412. HB 1413.

Do pass. Do pass as amended. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Federal, State, and Community Affairs has had under consid eration the following bill and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 357. Do pass. HB 285. Do pass.
Respectfully submitted, Senator Scott of the 43rd District, Chairman
Mr. President:

The Committee on Human Resources has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 310. Do pass. HB 926. Do pass.

HB 1235. Do pass.

Respectfully submitted, Senator Howard of the 42nd 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 1057. Do pass by substitute.

HB 1058. Do pass by substitute.

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JOURNAL OF THE SENATE

HB 1068.

Do pass by substitute.

HB 1236. Do pass by substitute.

Respectfully submitted,

Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1073. Do pass. HB 1135. Do pass by substitute. HB 1171. Do pass.

HB 1207. Do pass. HB 1208. Do pass.

Respectfully submitted,

Senator Walker of the 19th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 392. Do pass by substitute.
Respectfully submitted,
Senator Stumbaugh of the SSth District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 946. Do pass by substitute.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Natural Resources and Environmental Quality has had under

TUESDAY, FEBRUARY 7, 1984

1197

consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 732. Do pass. HB 1195. Do pass.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following bill and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 366. HB 414. HR 541.

Do pass. Do pass. Do pass.

HR 543. HR 590. HR 631.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Brown of the 47th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations:

HB 123. Do pass. HB 256. Do pass.

HB 1180. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

The following bills of the Senate and House were read the second time:

SB 513. By Senators Greene of the 26th, Harris of the 27th and Barker of the 18th:
A bill to amend Chapter 63 of Title 36 of the Official Code of Georgia Annotated, known as the "Resource Recovery Development Authorities Law," so as to authorize the granting of exclusive rights to certain parties with respect to functions relating to resource recovery.

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HB 213. By Representatives Alien of the 127th, Williams of the 48th, Under of the 44th and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide for mandatory minimum terms of imprisonment for persons who are convicted of the crimes of aggravated as sault, rape, robbery, theft by deception, or theft by extortion against persons 65 years of age or older.

HB 948. By Representatives Buck of the 95th and Hirsch of the 96th:
A bill to amend Code Section 45-17-31 of the Official Code of Georgia An notated, relating to persons for whom commissioned officers may perform notarial acts, so as to authorize commissioned officers to perform notarial acts for the spouse, dependent child, or dependent of certain persons.

HB 1053. By Representatives Richardson of the 52nd, Galer of the 97th, Steinberg of the 46th and others:
A bill to amend Code Section 19-3-30 of the Official Code of Georgia Anno tated, relating to when, where, and by whom marriage licenses are issued, so as to change the county in which marriage licenses may be issued.

HB 1150. By Representatives Lambert of the 66th, Murphy of the 18th, Logan of the 67th and others:
A bill 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 the salary of judges of the superior courts.

The following local, uncontested bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 503. By Senator Kidd of the 25th:
A bill to amend an Act creating the Board of County Commissioners of Hancock County, as amended, so as to provide for qualifications 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 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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1199

SB 507. By Senator Bryant of the 3rd:
A bill to provide for authority; to continue in full force and effect as part of the Constitution ratified at the general election in 1982 that constitutional amendment, duly ratified at the general election in 1958, which amendment changed the composition of the membership of the Liberty County Indus trial 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.

SB 508. By Senator Bryant of the 3rd:
A bill to provide for authority; to continue in full force and effect as part of the Constitution ratified at the general election in 1982 that constitutional amendment, duly ratified at the general election in 1968, which amendment created the Mclntosh County Industrial Development Authority.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1119. By Representative Auten of the 156th: A bill to amend an Act providing for the election of members of the board of education of Mclntosh County, so as to provide for staggered terms of office for the chairman and members of said board of education.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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HB 1120. By Representative Auten of the 156th:
A bill to provide for the appointment of the county school superintendent of Mclntosh County by the board of education of Mclntosh 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 1121. By Representative Auten of the 156th:
A bill to amend an Act providing for the election of the members of the board of education of Mclntosh County, so as to change the compensation of the chairman and 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.

HB 1302. By Representative Barnett of the 10th:
A bill to authorize the governing authority of Forsyth County to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1330. By Representatives Bargeron of the 108th and Godbee of the 110th:
A bill to amend an Act creating the State Court of Burke County, so as to provide for an expense allowance for the solicitor of said state court.

TUESDAY, FEBRUARY 7, 1984

1201

The report 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 1335. By Representatives Crosby of the 150th and Dixon of the 151st:
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 110 . . ., which amendment, as amended, provides for the election of members of the Board of Education of Ware County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 505. By Senator Cobb of the 28th:
A bill to amend an Act creating a new charter for the City of Newnan, as amended, so as to change the method of electing members of the board of aldermen.
Senator Cobb of the 28th offered the following amendment:

Amend SB 505 by striking the quotation marks at the end of line 19 of Page 6 and inserting between lines 19 and 20 of Page 6 the following:
"(g) Officers elected under this section shall take office on January 1 following their election.'"
On the adoption of the amendment, the yeas were 50, 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

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JOURNAL OF THE SENATE

The President called for the morning roll call, and the following Senators an swered to their names:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd

Land Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Tysinger Walker

Those not answering were Senators Scott of 36th and Turner.

Senator Kennedy of the 4th introduced the chaplain of the day, Reverend William D. Hutcheson, pastor of the First Baptist Church, Claxton, Georgia, who offered scrip ture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 372. By Senator Thompson of the 32nd:
A resolution relative to sponsors of the 1984 United States Olympic Team and the 1984 Olympic Games.

SR 373. By Senators Holloway of the 12th and Broun of the 46th: A resolution expressing sympathy at the passing of Mr. Horace G. Caldwell.

SR 374. By Senators Cobb of the 28th and Harris of the 27th:
A resolution expressing regrets at the passing of Honorable Ernest L. Parker.

TUESDAY, FEBRUARY 7, 1984

1203

SR 376. By Senators Coverdell of the 40th, Coggin of the 35th, Engram of the 34th and others:
A resolution expressing sympathy at the passing of Honorable Sidney J. Marcus.

SR 377. By Senator Timmons of the llth: A resolution commending Mrs. Glenda Bates.

SR 378. By Senators Thompson of the 32nd, Barnes of the 33rd, Harrison of the 37th and others:
A resolution expressing regrets at the passing of Mr. Wyman Pilcher, Jr.

SR 379. By Senator Foster of the 50th: A resolution commending Dr. Leon O'Neal Cave.

SR 380. By Senators Dawkins of the 45th and Howard of the 42nd: A resolution expressing sorrow at the death of Robert J. Williams.

Senator Fincher of the 54th moved that the following bill of the Senate be with drawn from the Senate Committee on Education and committed to the Senate Com mittee on Higher Education:

SB 514. By Senator Trulock of the 10th:
A bill to amend Code Section 20-3-391 of the Official Code of Georgia An notated, relating to the student incentive grant program, so as to provide that students attending certain accredited proprietary institutions of higher education shall be eligible to apply for student incentive grants.

On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 514 was withdrawn from the Senate Committee on Education and committed to the Senate
Committee on Higher Education.

SENATE RULES CALENDAR
Tuesday, February 7, 1984
TWENTY-EIGHTH LEGISLATIVE DAY
HB 872 State Agency--pay fees incurred in agency legal proceedings to cer tain persons (ED&T--41st)
SR 281 Commissioner of Labor Sam Caldwell--relative to (AMEND MENT) (Gov Op--40th)
SR 303 Senate Music Industry Committee--create (ED&T--26th)

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JOURNAL OF THE SENATE

SR 326 SR 352 HB 309 HB 390 HB 594 HB 914 HB 994 HB 1027 HB 1046 HB 1109 HB 1111 HB 1138 HB 1153 HR 443 SB 314 SB 334 SB 483 SB 491 SB 497 SB 498 SR 307 SR 347 SR 353 HB 952

Law Enforcement Officer Day in State--Tuesday, February 14, 1984 (Pub Saf--28th)
Senate Fiscal and Administrative Affairs Study Committee--create (Rules--12th)
Adoption--access to records (J&CL--33rd)
Indigent Defense--no action for damages against attorney certain circumstances (Judy--26th)
Landlord, Tenant--preemption by state of power to control amount of rent (SUBSTITUTE) (J&CL--45th)
Georgia Auctioneers Commission--change termination date (I&L--19th)
Funeral Services Board--continue but later terminate (Gov Op--30th)
Physician's Assistant--application for approval to use (Hum R--52nd)
Chiefs of Police--annual training (Pub Saf--28th)
Board of Hearing Aid Dealers and Dispensers--continue but later terminate (SUBSTITUTE) (Gov Op--25th)
Dispossessory Proceedings--proceedings on appeal (Judy--35th)
Garnishments by Tax Collectors--tax execution to appropriate court (J&CL--26th)
Board of Recreation Examiners--change termination date (NREQ--20th)
Medical Radiation Health and Safety Study Committee--create (Hum R--42nd)
Health Insurance Policies--additional requirement (SUBSTITUTE) (Ins--23rd)
Public Library Facilities Authority--create for each county and city (SUBSTITUTE) (FS&CA-G--52nd)
Alcoholic Beverage Sale on Sunday and Election Days--prohibit (C Aff--39th)
Tax Reimbursement Received by Insurance Company--distribution (Ins--43rd)
Cosmetology--sixteen year olds may learn esthetics under cosmetolo gist (Gov Op--56th)
Certain Elective Public Offices--special election to fill vacancies (Gov Op--49th)
Involuntary Separation--no retirement benefit for elected state offi cial (AMENDMENT) (Ret--40th)
General Election--urge United States Congress to change date (Gov Op--2nd)
Revenue Bills--may originate in either House (Gov Op--25th)
Fire Sprinkler Act--Safety Fire Commissioner enter agreements with other states (Pub Saf--15th)

TUESDAY, FEBRUARY 7, 1984

1205

HB 1170 HB 1036 HB 431 HB 884 HB 950 HB 698

Motor Vehicle Certificate of Title--hearing complaints of persons aggrieved (Trns--1st)
Motor Vehicle Accident Reparations Act--subrogation of certain benefits (SUBSTITUTE) (Ins--49th)
Civil Procedures--recommencing when dismissed for want of prose cution (Judy--26th)
Auctioneer--not auction property unless licensed as real estate bro ker (SUBSTITUTE) (I&L--19th)
Bail--courts of inquiry establish schedules for certain offenses (Judy--15th)
Executive Department Boards, Offices, Departments--consecutively numbered requisitions (Gov Op--33rd)

Respectfully submitted,
/s/ Holloway of the 12th, 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 872. By Representatives Russell of the 64th and Adams of the 79th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to require a state agency to pay certain fees and costs to certain persons who have incurred expenses as a result of agency legal proceedings and hearings.
Senate Sponsor: Senator Tysinger of the 41st.

Senator Broun of the 46th moved that HB 872 be committed to the Senate Com mittee on Economic Development and Tourism.

On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 872 was committed to the Senate Committee on Economic Development and Tourism.

Senator Timmons of the 11 th introduced the doctor of the day, Dr. John Bates, of Cuthbert, Georgia.

Senator Timmons of the llth also introduced Dr. Bates' wife, Mrs. Glenda Bates, who was commended previously today by SR 377 for having been named 1983 Presi dent of the American Medical Association Auxiliary.

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JOURNAL OF THE SENATE

The following general resolution of the Senate, favorably reported by the commit tee, was read the third time and put upon its adoption:

SR 281. By Senators Coverdell of the 40th, Howard of the 42nd, Brantley of the 56th and others:
A resolution relative to Commissioner of Labor Sam Caldwell.

The Senate Committee on Governmental Operations offered the following amendment:

Amend SR 281 by striking from line 22 of Page 1 the following: "either resign his position or".

Senator Coverdell of the 40th offered the following amendment:

Amend SR 281 by striking from lines 20 and 21 on Page 1 the following:
"GENERAL ASSEMBLY OF GEORGIA",
and inserting in lieu thereof the following:
"SENATE".

Senator Scott of the 43rd moved that SR 281 be committed to the Senate Com mittee on Governmental Operations.

On the motion, 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:

Allgood Barker Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coggin Dawkins Dean English

Fincher Gillis Harris Hill Holloway Hudgins Huggins Kennedy Kidd Lester McGill

McKenzie Peevy Perry Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Timmons Walker

TUESDAY, FEBRUARY 7, 1984

1207

Those voting in the negative were Senators:

Barnes Bond Brantley Burton Coleman Coverdell Deal

Engram Foster Garner Greene Harrison Hine Horton

Howard Land Phillips Stumbaugh Thompson Trulock Tysinger

Not voting was Senator Turner.

On the motion, the yeas were 34, nays 21; the motion prevailed, and SR 281 was committed to the Senate Committee on Governmental Operations.

The President announced that the Senate would stand in recess from 12:15 o'clock P.M. until 1:30 o'clock P.M.

At 1:30 o'clock P.M., the President called the Senate to order.

The following general resolution of the Senate, favorably reported by the commit tee, was read the third time and put upon its adoption:

SR 303. By Senators Greene of the 26th, Broun of the 46th, English of the 21st and Foster of the 50th:
A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizen's advisory council thereto.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bowen Broun of 46th Brown of 47th Burton Coggin

Coverdell Dawkins Deal Dean English Foster Garner

Greene Hine Holloway Huggins Kennedy Kidd Lester

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McKenzie Perry Scott of 2nd

JOURNAL OF THE SENATE

Scott of 43rd Starr Thompson

Trulock Tysinger Walker

Those not voting were Senators:

Allgood Bond Brannon Brantley Bryant Cobb Coleman Engram Fincher

Gillis Harris Harrison Hill Horton Howard Hudgins Land McGill

Peevy Phillips Reddish Scott of 36th Stumbaugh Tate Timmons Turner

On the adoption of the resolution, the yeas were 30, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has adopted by the requisite constitutional majority the following reso lution of the House:

HR 505. By Representatives Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd and others:
A resolution proposing an amendment to the Constitution so as to provide for the appointment of the State School Superintendent and to provide for the superintendent in office on January 1, 1985, and for other matters rela tive thereto.

The following resolution of the House was read the first time and referred to committee:

HR 505. By Representatives Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd and others:
A resolution proposing an amendment to the Constitution so as to provide for the appointment of the State School Superintendent and to provide for

TUESDAY, FEBRUARY 7, 1984

1209

the superintendent in office on January 1, 1985, and for other matters rela tive thereto. Referred to Committee on Education.
The following general resolutions of the Senate and bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

SR 326. By Senators Cobb of the 28th, Timmons of the 11th, Harris of the 27th and others:
A resolution designating Tuesday, February 14, 1984, as "Law Enforcement Officer Day in the State of Georgia".

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bowen
Broun of 46th Brown of 47th Burton Coggin Coverdell Dawkins Deal Dean

English Foster Garner Greene Hine Holloway Howard Huggins Kennedy Kidd Lester

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Thompson Trulock Tysinger Walker

Those not voting were Senators:

Allgood Bond Brannon Brantley Bryant Cobb Coleman Engram

Fincher Gillis Harris Harrison Hill Horton Hudgins Land

McGill Reddish Scott of 36th Stumbaugh Tate Timmons Turner

On the adoption of the resolution, the yeas were 33, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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JOURNAL OF THE SENATE

SR 352. By Senators Holloway of the 12th, Kennedy of the 4th, Allgood of the 22nd and Coverdell of the 40th:
A resolution creating the Senate Fiscal and Administrative Affairs 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 Coleman
Coverdell Dawkins
Deal

Dean English Foster Garner Gillis Greene
Hine Holloway Horton Howard Huggins Kennedy Kidd

Lester McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Bond
Bryant Engram Fincher
Harris

Harrison Hill Hudgins Land McGill

Reddish Scott of 36th Stumbaugh Tate Timmons

On the adoption of the resolution, the yeas were 40, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

TUESDAY, FEBRUARY 7, 1984

1211

HB 309. By Representative Birdsong of the 94th:
A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Anno tated, relating to adoption, so as to provide for the Department of Human Resources to have access to its records in special circumstances without a court order.
Senate Sponsor: Senator Barnes of the 33rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bowen Brannon Brantley Broun of 46th Burton Cobb Coggin Coverdell Deal Dean Engram

Fincher Foster Garner Gillis Greene Mine Horton Howard Hudgins Huggins Kennedy Kidd Lester

Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Thompson Timmons Trulock Turner Walker

Voting in the negative was Senator Dawkins.

Those not voting were Senators:

Allgood Bond Brown of 47th Bryant Coleman English

Harris Harrison Hill Holloway Land

McGill McKenzie Scott of 36th Tate Tysinger

On the passage of the bill, the yeas were 39, nays 1.

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

HB 390. By Representative Murphy of the 18th:
A bill to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense of indigents, so as to provide that no action for damages shall be brought against any attorney licensed to prac tice law in this state as a result of any act or omission by such attorney in his representation of any indigent person in any criminal proceeding under certain circumstances.
Senate Sponsor: Senator Greene of the 26th.

Senator Hine of the 52nd offered the following amendment:

Amend HB 390 by deleting on Page 1, line 16, the word "No", and inserting in lieu thereof the following:
"Unless an attorney is disciplined by the State Bar of Georgia for ineffective representation afforded an indigent plaintiff or an appeal for ineffective assistance of counsel is sustained, no".

Senators Coleman of the 1st and Scott of the 2nd offered the following amendment:

Amend HB 390 by deleting on Page 1, line 22, the words "directly from such indigent person", and substituting in lieu thereof the following:
"from any source".

Senator Broun of the 46th moved that HB 390 be placed on the Table.

Senator Cobb of the 28th moved the previous question.

The President ruled that the motion offered by Senator Broun of the 46th that HB 390 be placed on the Table takes precedence.

On the motion, the yeas were 32, nays 10; the motion prevailed, and HB 390 was placed on the Table.

HB 594. By Representative Lambert of the 66th:
A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding landlord and tenant, so as to provide for the preemption by the state of the power to control the amount of rent to be charged for single-family or multiple-unit residential property.
Senate Sponsor: Senator Dawkins of the 45th.

TUESDAY, FEBRUARY 7, 1984

1213

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to HB 594:

A BILL
To be entitled an Act to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions re garding landlord and tenant, so as to provide for the preemption by the state of the power to control the amount of rent to be charged for single-family or multiple-unit residential property; to provide certain exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding landlord and tenant, is amended by adding a new Code section immediately following Code Section 44-7-18, to be designated Code Section 44-7-19, to read as follows:
"44-7-19. No county or municipal corporation may enact, maintain, or enforce any ordinance or resolution which would regulate in any way the amount of rent to be charged for privately owned, single-family or multiple-unit residential rental property. This Code section shall not be construed as prohibiting any county or municipal corporation, or any au thority created by a county or municipal corporation for that purpose, from regulating in any way property belonging to such county, such mu nicipal corporation, or such authority from entering into any agreements with private persons, which agreements regulate the amount of rent to be charged for such rental properties."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bowen Brannon Brantley Broun of 46th

Brown of 47th Bryant Burton Coggin Coverdell Dawkins

Deal Dean Engram Foster Garner Greene

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JOURNAL OF THE SENATE

Harris Harrison Hill Hine Holloway Horton Hudgins Huggins

Kennedy Land Lester
McGill McKenzie Peevy
Perry Phillips

Reddish Scott of 36th Starr Stumbaugh Trulock Turner Tysinger

Those voting in the negative were Senators:

Barker Bond English

Gillis Kidd Scott of 2nd

Scott of 43rd Tate Walker

Those not voting were Senators:

Cobb Coleman

Fincher Howard

Thompson Timmons

On the passage of the bill, the yeas were 41, nays 9.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 914. By Representative Bray of the 91st:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to auctioneers, so as to change the termination date of the Georgia Auctioneers Commission.
Senate Sponsor: Senator Walker of the 19th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th Bryant Burton Cobb

Coggin Coleman Coverdell Deal Dean English

TUESDAY, FEBRUARY 7, 1984

1215

Engram Foster Garner Gillis gree?e Harris HHialrl rison
Hine
Holloway
Horton
Howard

Hudgins Huggins Kennedy Kidd Lantd Lester MMccGKielnl zie
Peevy
Perry
Phillips
Reddish

Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh _, iT*hotempson
Trulock
Turner
Tysinger
Walker

Those not voting were Senators:

Dawkins

Fincher

Timmons

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 994. By Representatives Childers of the 15th and Phillips of the 125th:
A bill to amend Code Section 43-18-8 of the Official Code of Georgia Anno tated, relating to termination of the State Board of Funeral Service, so as to provide for the continuation of that board but to provide for the later termi nation of that board and the laws relating thereto.
Senate Sponsor: Senator Garner of the 30th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton

Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher

Foster Garner Gillis Harrison Hill Hine Holloway Horton Hudgins Huggins

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JOURNAL OF THE SENATE

Kennedy Kidd ^and McG^ McKenzie Peevy Perry

Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh

Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brantley Greene

Harris

Howard

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1027. By Representatives Hooks of the 116th, Chambless of the 133rd, Cox of the 141st and Auten of the 156th:
A bill to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to physician's assistants, generally, so as to require that an application for approval to use a physician's assistant shall include evi dence that the person who is to be used as a physician's assistant has achieved a satisfactory score on an appropriate examination outlined, ap proved, or administered by the Composite State Board of Medical Examiners.
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 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

TUESDAY, FEBRUARY 7, 1984

1217

Mine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd

Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Deal.

On the passage of the bill, the yeas were 55, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1046. By Representatives Coleman of the 118th, Ramsey of the 3rd, Hanner of the 131st and others:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, relating to employment and training of law enforcement officers, so as to require the chiefs of police or department heads of law enforcement units to take annual training.
Senate Sponsor: Senator Cobb of the 28th.

The following fiscal note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Terry Coleman, Chairman

House Public Safety Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 26, 1984

SUBJECT: Fiscal Note - House Bill 1046 (LC 10 6012) Training for Chiefs of Police

This Bill would require the chief of police or department head of each law enforcement unit to complete 20 hours of training each year. The train-

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JOURNAL OF THE SENATE

ing would be selected and provided by the Georgia Association of Chiefs of Police and would have to be recognized by the Georgia Peace Officer Stan dards and Training Council. This Bill would authorize the Council to ex pend funds in the form of a grant to the Georgia Association of Chiefs of Police to pay for the cost of training and a training officer to administer the training and conduct any business associated with the training requirement. No funds could be expended for travel expenses and salaries of police chiefs or department heads. Any chief of police or department head who does not fulfill the training requirement would lose his power of arrest unless the Peace Officer Standards and Training Council waives the requirement for sufficient reason.
The cost of this Bill based on information submitted by the Peace Of ficer Standards and Training Council and the Office of Planning and Budget is $120,818. The total cost of providing the training is $150,818 which in cludes $29,643 for personal services, $90,000 for two training sessions, and $30,357 for operating expenses, travel, etc.; however, the Council's budget already includes $30,000 for Chiefs Executive Development which the re quired training is designed to replace. Since the Bill establishes the require ment beginning in calendar year 1985 the fiscal year 1985 cost cannot be accurately estimated since the cost will be dependent on such factors as when the training officer is hired, office space is rented, and other operating expenses begin to be incurred.

/s/ W.M. Nixon State Auditor

/s/ C.T. Stevens, Director Office of Planning and Budget

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell

Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway

Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry Phillips Reddish

TUESDAY, FEBRUARY 7, 1984

1219

Scott of 2nd Scott of 36th
Scott of 43rd Stumbaugh

Tate Thompson
Timmons Trulock

Turner Tysinger Walker

Voting in the negative was Senator Hill.

Those not voting were Senators Coleman and Starr.

On the passage of the bill, the yeas were 53, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1109. By Representatives Childers of the 15th and Hooks of the 116th:
A bill to amend Code Section 43-20-21 of the Official Code of Georgia An notated, relating to termination of the State Board of Hearing Aid Dealers and Dispensers, so as to provide for the continuation of that board but pro vide for the later termination of that board and the laws relating thereto.
Senate Sponsor: Senator Kidd of the 25th.

Senator Kidd of the 25th offered the following substitute to HB 1109:

A BILL
To be entitled an Act to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Hearing Aid Dealers and Dispensers Act," so as to delete provisions relative to applicants for li cense proving lack of contagious or infectious diseases; to change the provi sions relative to examinations; to change the provisions relative to apprentice dispensers and training permits; to change the provisions relative to continu ing education requirements; to provide for the continuation of that board but provide for the later termination of that board and the laws relating thereto; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 20 of Title 43 of the Official Code of Georgia Anno tated, known as the "Georgia Hearing Aid Dealers and Dispensers Act," is amended by striking subsection (b) of Code Section 43-20-8, relating to the issuance of licenses, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) The board may issue a dispenser's license to an applicant only when the applicant has satisfactorily completed an examination adminis tered under the direction of the board, when proof of age has been veri fied, and when proof has been received that a satisfactory relationship

1220

JOURNAL OF THE SENATE

with a licensed dealer has been established. The license shall authorize the holder to dispense hearing aids under the general supervision of a licensed dealer."
Section 2. Said chapter is further amended by striking Code Section 43-20-9, relating to examinations, in its entirety and substituting in lieu thereof a new Code Section 43-20-9 to read as follows:
"43-20-9. (a) Applicants may obtain a license by successfully pass ing a qualifying examination administered by the board, provided that the applicant:
(1) Is at least 18 years of age;
(2) Is of good moral character; and
(3) Presents satisfactory evidence to the board that the applicant maintains a satisfactory relationship with and responsibility to a holder of a dealer's license issued under this chapter.
(b) The joint-secretary shall schedule at least four examinations each year, one of which will be in each calendar quarter.
(c) The joint-secretary shall schedule every apprentice dispenser who has held the permit over 30 days to stand for examination at every scheduled examination until all sections have been passed, the permit has been revoked by the board, or the permit has expired. The board shall have the power to revoke a permit without a hearing if the holder of an apprentice dispenser permit fails to stand for the examination or to pass the practical portion of the examination on two occasions. The board may include the fee for an initial examination as a condition for approval of an applicant for an apprentice dispenser's permit.
(d) Each applicant desiring to become licensed as a dispenser, other than holders of apprentice dispensers' permits, shall make application for examination to the joint-secretary on forms required by the joint-secre tary at least 30 days prior to the date of such examination, accompanied by the examination fee as provided by the board in its rules and regulations.
(e) The qualifying examination shall be compiled by or at the direc tion of the board.
(f) The board shall establish uniform criteria for passing and failing candidates."
Section 3. Said chapter is further amended by striking Code Section 43-20-11, relating to apprentice dispensers' permits, in its entirety and sub stituting in lieu thereof a new Code Section 43-20-11 to read as follows:
"43-20-11. (a) An apprentice dispenser's permit shall be issued by the joint-secretary on behalf of the board only when:
(1) Application has been made;

TUESDAY, FEBRUARY 7, 1984

1221

(2) A statement of supervision has been provided by a licensed dispenser;
(3) A statement has been made by the supervising dealer that the applicant is capable of making the tests and applying the techniques re quired to dispense hearing aids in accordance with this chapter; and
(4) Proof of age has been made. Apprentice dispensers' permits are limited to one year in duration and shall not be renewed. No person shall be issued a second apprentice dispenser permit until a period of two years has elapsed following expiration of the applicant's first permit.
(b) Training permits shall be issued by the joint-secretary on behalf of the board only when application has been made and a statement of supervision has been provided by a licensed dispenser. The permit should authorize the person to dispense hearing aids only under direct supervi sion and immediate observation of the licensed dispenser who shall be responsible for the trainees' compliance with this chapter. Proof of age shall also be made. Training permits should be for a duration of six months and may be renewed as often as necessary for additional sixmonth time periods so long as the requirements of this Code section for issuance of permits are met for each renewal."
Section 4. Said chapter is further amended by striking Code Section 43-20-15, relating to continuing education, in its entirety and substituting in lieu thereof a new Code Section 43-20-15 to read as follows:
"43-20-15. As a prerequisite for the renewal of a dispenser's license, the dispenser must provide proof to the board that the dispenser has suc cessfully completed 12 hours of continuing education in a program ap proved by the board. The board may promulgate such rules and regula tions as are necessary to implement the continuing education requirement."
Section 5. Said chapter is further amended by striking Code Section 43-20-21, relating to termination of the State Board of Hearing Aid Dealers and Dispensers, and substituting in its place a new Code section to read as follows:
"43-20-21. 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 Hearing Aid Dealers and Dis pensers shall be terminated on July 1, 1990, and this chapter and any other laws relating to such board shall be repealed in their entirety effec tive on the date specified in Code Section 43-2-8."
Section 6. (a) Except as provided in subsection (b) of this section, this Act shall become effective July 1, 1984.
(b) Section 5 of this Act shall become effective June 30, 1984.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE SENATE

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, 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 Coggin Coleman Coverdell Dawkins Deal

Dean English Fincher Foster Garner Gillis Greene Harris Hill Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh
Ti aatlpe
Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Hine.

Those not voting were Senators:

Engrain Harrison

Holloway

Starr

Reddish

On the passage of the bill, the yeas were SO, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

TUESDAY, FEBRUARY 7, 1984

1223

Mr. President:

The House insists on its position in substituting the following resolution of the Senate:

SR 274. By Senators Turner of the 8th, Coverdell of the 40th, Trulock of the 10th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly by law to change previously existing retirement or pension laws of this state, to revise the provisions of said laws relating to retirement or pension benefits based on involuntary separation from employ ment as applied to present members of the public retirement or pension systems.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1111. By Representatives Karrh of the 109th, Oliver of the 1st, Groover of the 99th and Walker of the 115th:
A bill to amend Code Section 44-7-56 of the Official Code of Georgia Anno tated, relating to appeals of judgments in dispossessory proceedings, so as to provide that after the notice of appeal is filed with the clerk of the trial court, the clerk shall immediately notify the trial judge of the notice of ap peal and the trial judge may, within 15 days, supplement the record with findings of fact and conclusions of law which will be considered as part of the order of the judge in that case.
Senate Sponsor: Senator Coggin of the 35th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Dawkins Deal Dean English Engram Fincher Foster

Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins

1224

JOURNAL OF THE SENATE

Muggins Kennedy Kidd
Land Lester McGill McKenzie

Peevy Perry Phillips Reddish Scott of 43rd Tate

Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Coleman
Harrison

Scott of 2nd Scott of 36th

Starr Stumbaugh

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1138. By Representatives Kilgore of the 42nd, Crosby of the 150th, Groover of the 99th and others:
A bill to amend Code Section 48-3-12 of the Official Code of Georgia Anno tated, relating to issuance of garnishments by tax collectors and tax commis sioners and proceedings thereon, so as to provide that the tax execution shall be returned to the appropriate court.
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 Brannon Brantley Broun of 46th Bryant Burton Cobb Coggin Coleman

Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris

Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McGill

TUESDAY, FEBRUARY 7, 1984

1225

McKenzie Peevy Perry Reddish
Scott of 2nd

Scott of 43rd Stumbaugh
Tate Thompson Timmons

Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Brown of 47th

Harrison Phillips

Scott of 36th Starr

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following resolution of the Senate was taken up for the purpose of considering the House action thereon:

SR 274. By Senators Turner of the 8th, Coverdell of the 40th, Trulock of the 10th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly by law to change previously existing retirement or pension laws of this state to revise the provisions of said laws relating to retirement or pension benefits based on involuntary separation from employ ment as applied to present members of public retirement or pension systems.

Senator Turner of the 8th moved that the Senate adhere to its disagreement to the House substitute to SR 274, 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 SR 274.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Turner of the 8th, Coverdell of the 40th and Timmons of the llth.

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 1153. 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-

1226

JOURNAL OF THE SENATE

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 Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kennedy Kidd

Land Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Howard

Scott of 36th Starr

Timmons

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 443. By Representative Richardson of the 52nd: A resolution creating the Medical Radiation Health and Safety Study Committee.
Senate Sponsor: Senator Howard of the 42nd.

TUESDAY, FEBRUARY 7, 1984

1227

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 Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean Engrain

Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Stumbaugh
T1 aat*le*
Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Bryant

English Howard

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.

The following resolution of the Senate was read and adopted:

SR 381. By Senator Dean of the 31st: A resolution commending Georgia Citizens for the Arts.

1228

JOURNAL OF THE SENATE

The following report of a standing committee 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 298.

Respectfully submitted,
/s/ Ed Barker, Chairman Senator, District 18

The Governor this day informed the Senate that he had vetoed the following Sec tion of HB 965, a bill providing for appropriations for the State Fiscal Year 1983-84:

"Section 54. Provided further that no State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly."

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 3:15 o'clock, P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

WEDNESDAY, FEBRUARY 8, 1984

1229

Senate Chamber, Atlanta, Georgia Wednesday, February 8, 1984 Twenty-ninth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1247. By Representative Greer of the 39th:
A bill to amend an Act creating a State Court of Fulton County by consoli dating the Criminal Court of Fulton County and the Civil Court of Fulton County, so as to abolish a separate office of clerk of the criminal division of said court.

HB 1361. By Representative Adams of the 36th:
A bill to provide that Fulton County may levy and collect business and oc cupational license taxes and license fees in the unincorporated area of the county.

HB 1381. By Representative Colbert of the 23rd:
A bill to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, so as to increase the total consideration allowable on contracts before the city is required to obtain bids for the letting of such contracts.

HB 1382. By Representative Colbert of the 23rd:
A bill to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of

1230

JOURNAL OF THE SENATE

Fulton and creating a new charter for said city, so as to change the salaries of the mayor and members of the city council.

HB 1383. By Representative Colbert of the 23rd:
A bill to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, so as to change the salary of the Judge of the Municipal Court of the City of Alpharetta.

HB 1394. By Representative Adams of the 36th:
A bill to amend an Act providing a new charter for the City of Hapeville, so as to change the provisions relating to the date of municipal elections.

HB 1466. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act incorporating the City of Sky Valley, so as to change the number of the members of the city council.

HB 1469. By Representative Jones of the 78th:
A bill to amend an Act abolishing the fee system of compensating the clerk of Superior Court of Butts County and providing in lieu thereof an annual salary, so as to change the provisions relating to the compensation of the clerk of Superior Court of Butts County.

HB 1470. By Representatives Lord of the 107th and Karrh of the 109th:
A bill to repeal an Act establishing the State Court of Johnson County, so as to abolish that court.

HB 1471. By Representatives Lord of the 107th and Karrh of the 109th:
A bill to change the provisions relating to the Magistrate Court of Johnson County so as to change the manner of selecting the chief magistrate of Johnson County and to provide for terms of and vacancies in such office.

HB 1290. By Representative Ginsberg of the 122nd:
A bill to amend Chapter 5 of Title 44 of the Official Code of Georgia Anno tated, relating to acquisition and loss of property, so as to revise provisions relating to escheat.

HB 1250. By Representatives Bray of the 91st, Phillips of the 93rd, Balkcom of the 140th and others:
A bill to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to regulation of hunting in general, so as to provide that it shall be unlawful to hunt upon lands belonging to an-

WEDNESDAY, FEBRUARY 8, 1984

1231

other person without obtaining and carrying written authorization from the owner.

HB 1339. By Representative Phillips of the 125th:
A bill to amend Chapter 9 of Title 37 of the Official Code of Georgia Anno tated, relating to payment of expenses for patients in state institutions, so as to change a definition.

HB 1364. By Representatives Hays and Oliver of the 1st, Wood of the 9th and others:
A bill to amend Code Section 35-2-43 of the Official Code of Georgia Anno tated, relating to persons eligible for appointment or enlistment in the Uni form Division of the Department of Public Safety, so as to provide that no former member of the armed forces of the United States who has been dis charged with a discharge less than an honorable discharge shall be eligible for appointment or reappointment to the Uniform Division.

HB 1260. By Representative Adams of the 36th:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to residential and family farm mortgages, so as to change the amount of compensation payable to public members of the Georgia Residential Finance Authority.

HB 1267. By Representatives Phillips of the 120th, Patten of the 149th, Hanner of the 131st and others:
A bill to amend Article 5 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Southeast Interstate Low-Level Radioac tive Waste Management Compact," so as to revise the text.

HB 1276. By Representative Russell of the 64th:
A bill to amend Article 6 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to peer review group for certain health profes sionals, so as to change certain definitions relating to peer review groups.

HB 1317. By Representatives Home of the 103rd, Pinkston of the 100th and Groover of the 99th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for a declaration by the General As sembly of Georgia that in the exercise of the powers granted to them, local governing authorities of cities and counties are acting pursuant to state policy.

HB 1293. By Representative Lane of the 27th:
A bill to amend Chapter 31 of Title 31 of the Official Code of Georgia Annotated, relating to boxing match licenses, so as to transfer the State

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JOURNAL OF THE SENATE

Boxing Commission, which is assigned to the Department of Human Re sources for administrative purposes, from the Department of Human Re sources to the office of the Secretary of State.

HB 1332. By Representatives Waldrep of the 80th and Jones of the 78th:
A bill to amend Code Section 15-6-28.1 of the Official Code of Georgia Annotated, relating to law clerks for judicial circuits having institutions for carrying out death sentences, so as to revise the method and amount of com pensation for such law clerks.
HB 1358. By Representatives Ware of the 77th and Bargeron of the 108th:
A bill to amend Chapter 22 of Title 33 of the Official Code of Georgia Annotated, relating to insurance premium finance companies, and Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insur ance companies generally, so as to provide for notices of cancellation.

The House has adopted by the requisite constitutional majority the following reso lutions of the House:

HR 588. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A resolution authorizing the conveyance of certain state owned real property located in Graysville, Catoosa County, Georgia.
HR 642. By Representative Karrh of the 109th:
A resolution authorizing the Department of Transportation of the State of Georgia to convey certain real property located in Emanuel County to the City of Swainsboro, Georgia.
HR 715. By Representatives Reaves of the 147th, Godbee of the 110th, Balkcom of the 140th and others:
A resolution proclaiming February 14, 1984, as Georgia Farm Bureau Day at the state capitol.
HR 592. By Representatives Childs of the 53rd, Murphy of the 18th, Connell of the 87th and others:
A resolution expressing approval of the Board of Regents of the University System of Georgia acquiring DeKalb County Junior College from the Board of Education of DeKalb County and establishing and operating such college as a unit of the University System of Georgia.
HR 650. By Representatives Reaves of the 147th, Moody of the 153rd, Branch of the 137th and others:
A resolution urging the administrator of the United States Environmental Protection Agency to adopt rules and regulations requiring all pesticide

WEDNESDAY, FEBRUARY 8, 1984

1233

product labels to contain the month and year of production or to pursue actions necessary to amend federal laws to require such information on pes ticide product labels.

The House has passed by the requisite constitutional majority the following bill of the Senate:

SB 490. By Senators Garner of the 30th and Engram of the 34th:
A bill to amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, as amended, so as to change the compensation of the coroner.

The House has adopted, as amended, by the requisite constitutional majority the following resolution of the Senate:

SR 313. By Senator Timmons of the llth:
A resolution authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia; to provide an effective date; to repeal conflicting laws.

The House has agreed to the Senate substitute to the following bill of the House:

HB 1194. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act creating the Notla Water Authority, so as to define the geographic boundaries of the service area of authority.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 533. By Senator Burton of the 5th:
A bill to amend Code Section 20-2-152 of the Official Code of Georgia An notated, relating to special education services under the Adequate Program for Education in Georgia, so as to revise extensively said Code Section.
Referred to Committee on Education.

SB 534. By Senator Phillips of the 9th:
A bill to ensure that real property which is not a part of the county tax digest will be returned to such digest when such real property is conveyed; to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property generally, so as to provide for a no tice to be sent to the tax receiver or tax commissioner when the state con veys any interest in real property.
Referred to Committee on Banking and Finance.

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SB 535. By Senators Harrison of the 37th and Barnes of the 33rd:
A bill to amend Code Section 43-4-11 of the Official Code of Georgia Anno tated, relating to qualifications of applicants for examination for certifica tion as architects, so as to provide an additional method by which an appli cant may qualify for examination.
Referred to Committee on Governmental Operations.

SR 382. By Senators Peevy of the 48th, Dawkins of the 45th, Allgood of the 22nd and Greene of the 26th:
A resolution to create the Senate Study Committee on Polygraph Operations.
Referred to Committee on Judiciary and Constitutional Law.

SR 383. By Senators Barnes of the 33rd, Thompson of the 32nd, Brantley of the 56th and Harrison of the 37th:
A resolution designating the C. H. (Fat) James, Sr., Memorial Highway.
Referred to Committee on Transportation.

The following bills and resolutions of the House were read the first time and re ferred to committees:

HB 1250. By Representatives Bray of the 91st, Phillips of the 93rd, Balkcom of the 140th and others:
A bill to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to regulation of hunting in general, so as to provide that it shall be unlawful to hunt upon lands belonging to an other person without obtaining and carrying written authorization from the owner.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1260. By Representative Adams of the 36th:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to residential and family farm mortgages, so as to change the amount of compensation payable to public members of the Georgia Residential Finance Authority.
Referred to Committee on Economic Development and Tourism.

HB 1267. By Representatives Phillips of the 120th, Patten of the 149th, Hanner of the 131st and others:
A bill to amend Article 5 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Southeast Interstate Low-Level Radioac tive Waste Management Compact," so as to revise the text.
Referred to Committee on Natural Resources and Environmental Quality.

WEDNESDAY, FEBRUARY 8, 1984

1235

HB 1276. By Representative Russell of the 64th:
A bill to amend Article 6 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to peer review groups for certain health profes sionals, so as to change certain definitions relating to peer review groups.
Referred to Committee on Human Resources.

HB 1290. By Representative Ginsberg of the 122nd:
A bill to amend Chapter 5 of Title 44 of the Official Code of Georgia Anno tated, relating to acquisition and loss of property, so as to revise provisions relating to escheat.
Referred to Committee on Judiciary and Constitutional Law.

HB 1293. By Representative Lane of the 27th:
A bill to amend Chapter 31 of Title 31 of the Official Code of Georgia Annotated, relating to boxing match licenses, so as to transfer the State Boxing Commission, which is assigned to the Department of Human Re sources for administrative purposes, from the Department of Human Re sources to the office of the Secretary of State.
Referred to Committee on Economic Development and Tourism.

HB 1317. By Representatives Home of the 103rd, Pinkston of the 100th and Groover of the 99th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for a declaration by the General As sembly of Georgia that in the exercise of the powers granted to them, local governing authorities of cities and counties are acting pursuant to state policy.
Referred to Committee on Federal, State and Community Affairs (General).

HB 1332. By Representatives Waldrep of the 80th and Jones of the 78th:
A bill to amend Code Section 15-6-28.1 of the Official Code of Georgia Annotated, relating to law clerks for judicial circuits having institutions for carrying out death sentences, so as to revise the method and amount of com pensation for such law clerks.
Referred to Committee on Judiciary and Constitutional Law.

HB 1339. By Representative Phillips of the 125th:
A bill to amend Chapter 9 of Title 37 of the Official Code of Georgia Anno tated, relating to payment of expenses for patients in state institutions, so as to change a definition.
Referred to Committee on Human Resources.

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JOURNAL OF THE SENATE

HB 1358. By Representatives Ware of the 77th and Bargeron of the 108th:
A bill to amend Chapter 22 of Title 33 of the Official Code of Georgia Annotated, relating to insurance premium finance companies, and Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insur ance generally, so as to provide for notices of cancellation.
Referred to Committee on Insurance.

HB 1364. By Representatives Hays of the 1st, Wood of the 9th, Oliver of the 1st and others:
A bill to amend Code Section 35-2-43 of the Official Code of Georgia Anno tated, relating to persons eligible for appointment or enlistment in the Uni form Division of the Department of Public Safety, so as to provide that no former member of the armed forces of the United States who has been dis charged with a discharge less than an honorable discharge shall be eligible for appointment or reappointment to the Uniform Division.
Referred to Committee on Public Safety.

HR 588. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A resolution authorizing the conveyance of certain state owned real property located in Graysville, Catoosa County, Georgia. Referred to Committee on Public Utilities.

HR 642. By Representative Karrh of the 109th:
A resolution authorizing the Department of Transportation of the State of Georgia to convey certain real property located in Emanuel County to the City of Swainsboro, Georgia.
Referred to Committee on Public Utilities.

HR 592. By Representatives Childs of the 53rd, Murphy of the 18th, Connell of the 87th and others:
A resolution expressing approval of the Board of Regents of the University System of Georgia acquiring DeKalb County Junior College from the Board of Education of DeKalb County and establishing and operating such college as a unit of the University System of Georgia.
Referred to Committee on Higher Education.

HR 650. By Representatives Reaves of the 147th, Moody of the 153rd, Branch of the 137th and others:
A resolution urging the administrator of the United States Environmental Protection Agency to adopt rules and regulations requiring all pesticide product labels to contain the month and year of production or to pursue actions necessary to amend federal laws to require such information on pes ticide product labels.
Referred to Committee on Agriculture.

WEDNESDAY, FEBRUARY 8, 1984

1237

HR 715. By Representatives Reaves of the 147th, Godbee of the 110th, Balkcom of the 140th and others:
A resolution proclaiming February 14, 1984, as Georgia Farm Bureau Day at the state capitol.
Referred to Committee on Agriculture.

HB 1247. By Representative Greer of the 39th:
A bill to amend an Act creating a State Court of Fulton County by consoli dating the Criminal Court of Fulton County and the Civil Court of Fulton County, so as to abolish a separate office of clerk of the criminal division of said court.
Referred to Committee on Federal, State and Community Affairs.

HB 1361. By Representative Adams of the 36th:
A bill to provide that Fulton County may levy and collect business and oc cupational license taxes and license fees in the unincorporated area of the county.
Referred to Committee on Federal, State and Community Affairs.

HB 1381. By Representative Colbert of the 23rd:
A bill to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, so as to increase the total consideration allowable on contracts before the city is required to obtain bids for the letting of such contracts.
Referred to Committee on Federal, State and Community Affairs.

HB 1382. By Representative Colbert of the 23rd:
A bill to amend an Act consolidating, creating, revising and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, so as to change the salaries of the mayor and members of the city council.
Referred to Committee on Federal, State and Community Affairs.

HB 1383. By Representative Colbert of the 23rd:
A bill to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, so as to change the salary of the Judge of the Municipal Court of the City of Alpharetta.
Referred to Committee on Federal, State and Community Affairs.

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JOURNAL OF THE SENATE

HB 1394. By Representative Adams of the 36th:
A bill to amend an Act providing a new charter for the City of Hapeville, so as to change the provisions relating to the date of municipal elections.
Referred to Committee on Federal, State and Community Affairs.

HB 1466. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act incorporating the City of Sky Valley, so as to change the number of members of the city council.
Referred to Committee on Federal, State and Community Affairs.

HB 1469. By Representative Jones of the 78th:
A bill to amend an Act abolishing the fee system of compensating the clerk of Superior Court of Butts County and providing in lieu thereof an annual salary, so as to change provisions relating to the compensation of the clerk of Superior Court of Butts County.
Referred to Committee on Federal, State and Community Affairs.

HB 1470. By Representatives Lord of the 107th and Karrh of the 109th:
A bill to repeal an Act establishing the State Court of Johnson County, so as to abolish that court. Referred to Committee on Federal, State and Community Affairs.

HB 1471. By Representatives Lord of the 107th and Karrh of the 109th:
A bill to change the provisions relating to the Magistrate Court of Johnson County so as to change the manner of selecting the chief magistrate of Johnson County and to provide for terms of and vacancies in such office.
Referred to Committee on Federal, State and Community Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1147. Do pass as amended. HB 1375. Do pass.
Respectfully submitted,
Senator Scott of the 43rd District, Chairman

WEDNESDAY, FEBRUARY 8, 1984

1239

Mr. President:

The Committee on Governmental Operations has had under consideration the fol lowing bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 512. SB 519. HB 886. HB 1091.

Do pass. Do pass. Do pass. Do pass.

HB 1114. HB 1158. HB 1217. HB 1249.

Do pass. Do pass. Do pass. Do pass by substitute.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the fol lowing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 520. Do pass as amended. SB 531. Do pass as amended.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following 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 511.
HB 980. HB 981. HB 982. HB 986. HB1022.

Do pass by substitute.
Do pass. Do pKass. Do pass.
Do pass. Do pass.

HB 1031. Do pass.

HB 1033. Do pass.

HB 1064. Hg IQ-JQ ,,H_B 111108C5.

Do pass. Do pass. _D.o pass.

HB 1223. Do pass.

HB 127L P3SS'

SB 107- Do Pass by substitute.

SB 479. Do pass.

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JOURNAL OF THE SENATE

SB 485. Do pass.

HR 448. Do pass as amended. Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 425. Do pass by substitute. SR 342. Do pass.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 522. Do pass.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Offender Rehabilitation has had under consideration the fol lowing bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 506. Do pass. HB 1087. Do pass.

HB 1101. Do pass.

Respectfully submitted,

Senator Garner of the 30th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bills

WEDNESDAY, FEBRUARY 8, 1984

1241

and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 362. Do pass as amended. SR 363. Do pass.

HB 1132. Do pass. HB 1199. Do pass.

Respectfully submitted,

Senator Timmons of the 11 th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 392. By Senators Stumbaugh of the 55th, Land of the 16th, Deal of the 49th and others:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to provide for certain rules and regulations to be prescribed by the state revenue commissioner.

SB 509. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-12 of the Official Code of Georgia Anno tated, relating to the licensing and inspection of private and public child welfare agencies and facilities, so as to change the provisions relating to the inspection and licensing of family day-care homes and group day-care homes.

SB 515. By Senators Phillips of the 9th and Peevy of the 48th:
A bill to amend an Act to continue and re-create the State Court of Gwinnett County, as amended, so as to change the compensation of the judges of the state court.

SR 357. By Senator Coverdell of the 40th:
A resolution creating the Senate County and Municipal Grant Study Committee.

SR 366. By Senator Hill of the 29th:
A resolution consenting to the annexation of certain state owned real prop erty located in Harris County into the corporate limits of the City of West Point.

SR 310. By Senators Burton of the 5th, Phillips of the 9th, Land of the 16th and others:
A resolution creating the Study Committee on the Handicapped Pre schooler.

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JOURNAL OF THE SENATE

HB 123. By Representatives Greer of the 39th, Steinberg of the 46th and Richardson of the 52nd:
A bill to amend Code Section 47-2-110 of the Official Code of Georgia An notated, relating to retirement ages and eligibility for retirement under the Employees' Retirement System of Georgia, so as to change the provisions relative to mandatory retirement on the basis of age.

HB 152. By Representatives Williams of the 54th and Brooks of the 34th:
A bill to amend Code Section 49-4-101 of the Official Code of Georgia An notated, relating to definitions as used in the "Aid to Dependent Children Act," so as to change the definition of dependent child.

HB 256. By Representative Clark of the 13th:
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 des ignate the composition of the board of trustees.

HB 285. By Representatives Dean of the 29th, Adams of the 36th and Marcus of the 26th:
A bill to amend Chapter 41 of Title 36 of the Official Code of Georgia Annotated, relating to urban residential finance authorities for large munici palities, so as to provide for the compensation of members of the board of any such authority.

HB 414. By Representatives Colwell of the 4th, Hays of the 1st, Coleman of the 118th and Anderson of the 8th:
A bill to amend Article 4 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the disposition of surplus property, so as to delete the requirement for a monthly report.

HB 599. By Representatives Phillips of the 125th and Triplett of the 128th:
A bill to amend an Act creating the State Court of Chatham County, so as to abolish the positions of clerk of state court and sheriff of state court.

HB 732. By Representative Waddle of the 113th:
A bill to amend Chapter 4 of Title 44 of the Official Code of Georgia Anno tated, relating to determination of boundaries so as to change the provisions relating to the coordinate system used in this state.

HB 926. By Representative Phillips of the 125th:
A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of the practice of chiropractic, so as to pro vide for certain authority for the board.

WEDNESDAY, FEBRUARY 8, 1984

1243

HB 946. By Representatives Buck of the 95th, Hirsch of the 96th and Bishop of the 94th:
A bill to amend Code Section 15-10-45 of the Official Code of Georgia An notated, relating to compulsory and permissive counterclaims, so as to pro vide that when the amount of a counterclaim exceeds the jurisdictional lim its of the magistrate court, the case shall be transferred to any court in the county having jurisdiction of the matter.

HB 1029. By Representatives Alien of the 127th, Triplett of the 128th, Hamilton of the 124th and others:
A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to make it unlawful for any parent, guardian, or other person having the legal care, custody, or control of any child under the age of 16 years to allow or permit such child to loiter or remain upon any street or public place between the hours of 12:00 midnight and 5:00 A.M. of the following day, unless accom panied by a parent, guardian, or other adult having the responsibility of such child or unless the child had a legitimate excuse for being there.

HB 1054. By Representatives Richardson of the 52nd, Galer of the 97th, Steinberg of the 46th and others:
A bill to amend Code Section 19-2-4 of the Official Code of Georgia Anno tated, relating to domicile of minors, so as to change how a minor child's domicile is determined.

HB 1057. By Representative Birdsong of the 104th:
A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Anno tated, relating to general provisions regarding health, so as to authorize the receipt and reuse of heart pacemakers.

HB 1058. By Representative Birdsong of the 104th:
A bill to amend the Official Code of Georgia Annotated, so as to authorize the disposition by sale or gift of a heart pacemaker at the death of the indi vidual possessing such pacemaker; to provide which persons may make such disposition in the absence of a contract, will, or other contrary indication of a decedent.

HB 1068. By Representative Phillips of the 125th:
A bill to amend Code Section 31-3-2 of the Official Code of Georgia Anno tated, relating to composition of county boards of health, so as to change the membership, terms, and method of filling vacancies in county boards of health and to prohibit certain appointments thereto.

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JOURNAL OF THE SENATE

HB 1073. By Representatives Robinson of the 58th, Lambert of the 66th, Waldrep of the 80th and others:
A bill to amend Chapter 9 of Title 46 of the Official Code of Georgia Anno tated, relating to transportation of freight and passengers generally, so as to change the provisions relating to the power of common carriers to limit liability.

HB 1083. By Representatives Hanner of the 131st, Chambless of the 133rd, Hooks of the 116th and Greene of the 130th:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs for children and youth, so as to provide for crim inal records checks and determinations based thereon for directors and em ployees of certain centers, homes, and institutions which are licensed to care for children.

HB 1135. By Representative Robinson of the 58th:
A bill to amend Part 3 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale of business opportunities, so as to provide additional definitions.

HB 1171. By Representatives Mullinax of the 81st, Mostiler of the 75th, Aaron of the 56th and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, the "Employment Security Law," so as to extend the exclusion of aliens regarding coverage for agricultural purposes; to set a tax rate for new employers; to establish a new standard rate.

HB 1180. By Representative Selman of the 32nd:
A bill to amend an Act entitled "An Act to Provide in Fulton County a System for Pension and Retirement Pay to the Teachers and Employees of the Board of Education of Fulton County; and for other purposes.", so as to provide for a change in the method of selection and membership of the Pen sion Board of the Fulton County School Employees Pension System.

HB 1195. By Representative Rainey of the 135th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to include nutria among the nongame species that may be taken for certain purposes.

HB 1207. By Representatives Watts of the 41st, Murphy of the 18th, Alford of the 57th and others:
A bill to amend Code Section 34-4-3 of the Official Code of Georgia Anno tated, relating to the amount of minimum wage to be paid by employers, so as to change the amount of the minimum wage.

WEDNESDAY, FEBRUARY 8, 1984

1245

HB 1208. By Representative Robinson of the 58th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia An notated, relating to unfair or deceptive practices in consumer transactions which are unlawful, so as to require each health spa to maintain a certain bond.

HB 1224. By Representatives Jackson of the 83rd and Evans of the 84th:
A bill to authorize and empower the governing authority of Columbia County, Georgia, to provide penalties for violation of ordinances adopted by said governing authority pursuant to the Constitution of this state.

HB 1235. By Representatives Bargeron of the 108th, Godbee of the 110th, Ray of the 98th and others:
A bill to amend Code Section 49-4-142 of the Official Code of Georgia An notated, relating to the Department of Medical Assistance and the state plan for Medical Assistance and the Department of Human Resources to modify the state plan and any relevant rules and regulations so as to allow supplementation for private rooms and private sitters for recipients in nurs ing homes.

HB 1236. By Representatives Parham of the 105th, Cooper of the 20th and Atkins of the 21st:
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 change certain provi sions regarding the registration of pharmacists.

HB 1323. By Representative Mangum of the 57th: A bill to create the Rockdale County Sheriff's Department Merit Board.

HB 1374. By Representative Jackson of the 65th:
A bill to provide that the judge of the Probate Court of Walton County shall serve as chief magistrate of the Magistrate Court of Walton County.

HB 1377. By Representative Jones of the 78th:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Lamar County.

HB 1386. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to amend an Act creating the State Court of Jefferson County, so as to change the provisions relating to the compensation of the judge and solici tor of the court.

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JOURNAL OF THE SENATE

HB 1387. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to amend an Act reincorporating the City of Louisville in Jefferson County, so as to change the date of the regular municipal election.

HB 1388. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to provide for a board of commissioners of Jefferson County which shall consist of a chairman and four other members and shall be the gov erning authority of Jefferson County.

HB 1389. By Representatives Bargeron of the 108th and Ross of the 82nd: A bill to make provisions for the Magistrate Court of Jefferson County.

HB 1393. By Representatives Dover of the llth and Irvin of the llth:
A bill to amend an Act creating a board of commissioners for Habersham County, so as to change the provisions relative to the election of the mem bers of the board of commissioners.

HB 1401. By Representative Birdsong of the 104th:
A bill to provide that residents of the City of Gordon who are 60 years of age or over shall be granted a homestead exemption from ad valorem taxa tion by said city.

HB 1402. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Jones County who is age 65 or older and who meets certain income qualifications.

HB 1405. By Representative Birdsong of the 104th:
A bill to amend an Act incorporating the City of Gray, so as to change the method of election of the aldermen of the City of Gray.

HB 1406. By Representative Yeargin of the 14th:
A bill to amend an Act incorporating the Town of Maxeys, so as to recreate and reincorporate the City of Maxeys.

HB 1407. By Representative Yeargin of the 14th:
A bill to amend an Act creating a new charter for the City of Lexington, so as to change the time for holding the municipal elections of said city.

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1247

HB 1408. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to continue in force and effect as part of the Constitution ratified at the general election in 1982 that Constitutional Amendment which autho rizes the use by the Bulloch County School System of the proceeds of any local sales and use tax levied within Bulloch County.

HB 1409. 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 1410. 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 1411. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act placing the clerk of the Superior Court of Bulloch County upon an annual salary, so as to change the compensation of the clerk's employees.

HB 1412. 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 1413. 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 compensation of the clerks.

HR 541. By Representatives Home of the 103rd, Randall of the 101st, Pinkston of the 100th and others:
A resolution to amend 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, so as to release Bibb County from certain terms and conditions.

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JOURNAL OF THE SENATE

HR 543. By Representatives Home of the 103rd, Randall of the 101st, Birdsong of the 104th and others:
A resolution designating the David Lucas Pedestrian Walkway.

HR 590. By Representative Hooks of the 116th:
A resolution authorizing the State of Georgia, acting by and through its Department of Agriculture, to convey certain state owned real property lo cated in Sumter County, Georgia, to the Sumter County Board of Commissioners.

HR 631. By Representative Linder of the 44th:
A resolution to repeal a resolution entitled "A Resolution Requesting the Georgia Building Authority (Hospital) and the State of Georgia to make available certain real property located in DeKalb County, Georgia, to the American Heart Association, Georgia Affiliate. . .".

The President called for the morning roll call and the following Senators answered to their names:

Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th
EB0unbrtbonn Coggin Coleman Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harfis
Hill Hine Holloway Horton Howard Huggins Kennedy Kidd

Land Lester McGill McKenzie Pee

Reddish Scott of

43rd,

Starr

Stumbaugh

Tate

Turner

Tysinger

Walker

Those not answering were Senators:

Allgood (excused) Bond Coverdell Harrison

Hudgins Scott of 2nd Scott of 36th

Thompson Timmons Trulock

Senator Harris of the 27th introduced the chaplain of the day, Dr. Albert Simmons, pastor of First Presbyterian Church, Thomaston, Georgia, who offered scrip ture reading and prayer.

WEDNESDAY, FEBRUARY 8, 1984

1249

The following resolution of the Senate was read and adopted:

SR 384. By Senators Foster of the 50th and Gillis of the 20th:
A resolution commending the Resource Conservation and Development Program.

SENATE RULES CALENDAR
Wednesday, February 8, 1984
TWENTY-NINTH LEGISLATIVE DAY
SB 314 Health Insurance Policies--additional requirement (SUBSTITUTE) (Ins--23rd)
SB 334 Public Library Facilities Authority--create for each county and city (SUBSTITUTE) (FS&CA-G--52nd)
SB 483 Alcoholic Beverage Sale on Sunday and Election Days--prohibit (C Aff-- 39th)
SB 491 Tax Reimbursement Received by Insurance Company--distribution (Ins--43rd)
SB 497 Cosmetology--sixteen year olds may learn esthetics under cosmetolo gist (Gov Op--56th)
SB 498 Certain Elective Public Offices--special election to fill vacancies (Gov Op--49th)
SR 307 Involuntary Separation--no retirement benefit for elected state offi cial (AMENDMENT) (Ret--40th)
SR 347 General Election--urge United States Congress to change date (Gov Op--2nd)
SR 353 Revenue Bills--may originate in either House (Gov Op--25th)
SB 487 Personnel Board--receive same expense allowance as General As sembly members on business (Gov Op--25th)
SB 513 Sewage Sludge, Solid Waste--resource recovery (SUBSTITUTE) (J&CL--26th)
SR 19 Cities, Counties--incurring debt without referendum (SUBSTI TUTE) (AMENDMENT) (FS&CA-G-43rd)
HB 431 Civil Procedures--recommencing when dismissed for want of prose cution (Judy--26th)
HB 698 Executive Department Boards, Offices, Departments--consecutively numbered requisitions (Gov Op--33rd)
HB 884 Auctioneer--not auction property unless licensed as real estate bro ker (SUBSTITUTE) (I&L--19th)
HB 950 Bail--courts of inquiry establish schedules for certain offenses (Judy--15th)
HB 952 Fire Sprinkler Act--Safety Fire Commissioner enter agreements with other states (Pub Saf--15th)

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HB 1036 HB 1170 HB 272 HB 907 HB 998 HB 910 HB 1042 HB 883 HB 1106 HB 871 HB 1150 HB 948 HB 989 HB 1144

Motor Vehicle Accident Reparations Act--subrogation of certain benefits (SUBSTITUTE) (Ins--49th)
Motor Vehicle Certificate of Title--hearing complaints of persons aggrieved (TRNS--1st)
Peace Officers' Annuity and Benefit Fund--redefine "fund" (SUB STITUTE) (Ret--llth)
Community Affairs Department--provide for advisory committee (FS&CA-G--14th)
Aggravated Child Molestation--conditions for offense (Judy--30th)
Counties--adopt ordinances for unincorporated areas (FS&CA-G-- 49th)
Certain Controlled Substances--delete and add to listing (Hum R-- 54th)
Small Business--economic impact of proposed rules (ED&T--41st)
Southern Judicial Circuit Superior Court Judges--compensation sup plement (Judy--8th)
Audit Reports--review by state auditor (B&F--14th)
Superior Court Judges--change salary (SUBSTITUTE) (AMEND MENT) (Judy--49th)
Notarial Acts--authorize commissioned officers to perform (J&CL--16th)
Agricultural Property Tax Assessment--preferential separate (AMENDMENTS) (B&F--20th)
Joint Municipal Employees' Retirement System--revise (Ret--8th)

Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

Senator Kennedy of the 4th asked unanimous consent to excuse Senator Allgood of the 22nd from the Senate today due to illness, and the consent was granted.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 314. By Senator Lester of the 23rd:
A bill to amend Code Section 33-29-2, relating to the content and format of accident and sickness insurance policies, so as to provide an additional re quirement for accident and sickness policies.

WEDNESDAY, FEBRUARY 8, 1984

1251

The Senate Committee on Insurance offered the following substitute to SB 314:
A BILL
To be entitled an Act to amend Code Section 33-29-4 of the Official Code of Georgia Annotated, relating to optional policy provisions, so as to provide that certain accident and sickness policies may contain a provision relating to insurance with other insurers under certain conditions; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-29-4 of the Official Code of Georgia An notated, relating to optional policy provisions, is amended by striking para graph (U) of subsection (b) of said Code section in its entirety and substi tuting in lieu thereof a new paragraph (11) to read as follows:
"(U) (A) No such accident and sickness insurance policy shall con tain any provision relating to insurance with other insurers, except as provided in this paragraph. In addition to specified deductibles and other provisions normally contained in such a policy, a major medical insur ance policy or an accident and sickness insurance policy issued pursuant to the exercise of a conversion privilege contained in a group accident and sickness policy may contain a provision relating to coverage for med ical expenses under accident and sickness insurance policies with other insurers if the pricing structure of such policy and its rates have been designed to reimburse the insured for or pay on the insured's behalf med ical expenses incurred in excess of the greater of a specified deductible or the medical expense benefits payable under such accident and sickness insurance policies with other insurers, provided that no such policy may contain a provision which excludes or reduces benefits payable to or on behalf of an insured because benefits are also payable or have been paid under a supplemental accident and sickness policy as to which all of the following requirements apply:
(i) The policy only covers a specified disease or only provides a lim ited plan of coverage indemnifying the insured on a per diem basis for expenses incurred in connection with hospitalization or for expenses in curred for hospital intensive care;
(ii) The policy is specifically designed, advertised, represented, and sold as a supplement to other basic accident and sickness insurance cov erage; and
(iii) The entire premium for the policy is paid by the insured, the insured's family, or the insured's guardian.
(B) This paragraph applies to supplemental accident and sickness policies complying with the above three requirements irrespective of the mode or channel of premium payment to the insurer, of any reduction in the premium by virtue of the insured's membership in any organization, or of the insured's status as an employee.
(C) For the purposes of this paragraph, the term 'major medical insurance policy' means any policy which provides benefits of at least 75 percent of necessary, reasonable, and customary charges for medical

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care, including hospitalization in semiprivate accommodations, with a maximum lifetime benefit of at least $100,000.00, subject only to such exceptions, restrictions, limitations, and deductibles as the Commissioner may deem reasonable."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that SB 314 be committed to the Senate Commit tee on Insurance.

On the motion, the yeas were 15, nays 19; the motion was lost, and SB 314 was not committed to the Senate Committee on Insurance.

Senator Hudgins of the 15th moved that the Senate reconsider its action in defeat ing the motion offered by Senator Kidd of the 25th.

On the motion, the yeas were 22, nays 16; the motion prevailed, and the motion offered by Senator Kidd of the 25th to commit SB 314 to the Senate Committee on Insurance was reconsidered.

On the motion offered by Senator Kidd of the 25th, Senator Hudgins of the 15th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Bowen Brannon Brantley
Burton Dawkins Deal

Howard Hudgins Kidd
Land McKenzie Peevy

Scott of 43rd Starr Timmons
Turner Tysinger Walker

Those voting in the negative were Senators:

Barker Bond Broun of 46th Brown of 47th Bryant Cobb Coggin English Engram Fincher

Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Huggins

Kennedy Lester McGill Perry Phillips Reddish Scott of 36th Stumbaugh Tate Thompson

WEDNESDAY, FEBRUARY 8, 1984

1253

Those not voting were Senators:

Allgood (excused) Barnes Coleman

Coverdell Dean Harrison

Scott of 2nd Trulock

On the motion, the yeas were 18, nays 30; the motion was lost, and SB 314 was not committed to the Senate Committee on Insurance.

Senator Lester of the 23rd offered the following amendment:
Amend the substitute to SB 314 offered by the Senate Committee on Insurance as follows:
By adding a "," after the word "guardian" on line 24 of Page 2 and by striking the symbols and words "; (B) This paragraph applies to sup plemental accident and sickness policies complying with the above three requirements" found on lines 24 through 27 of Page 2 after the word "guardian" and before the word "irrespective."

Senator Hudgins of the 15th moved that SB 314 be placed on the Table.

On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 314 was placed on the Table.

Senator Gillis of the 20th introduced Tony Edmond who was commended and con gratulated by the Senate by SR 320, adopted January 20, for being named the Georgia President of the Future Farmers of America and the National Extemporaneous Public Speaking Winner in 1983.

The following resolution of the Senate was read and adopted:

SR 385. By Senators Starr of the 44th and Burton of the 5th:
A resolution congratulating Charlotte Lockhart, 1983 Georgia Occupational Award of Leadership (GOAL) recipient, and inviting her to appear before this body.

Senator Starr of the 44th introduced Charlotte Lockhart who briefly addressed the Senate.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

1254 Mr. President:

JOURNAL OF THE SENATE

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1264. By Representatives Dunn of the 73rd, Jones of the 78th and Robinson of the 58th:
A bill to amend Chapter 7 of Title 45 of the Official Code of Georgia Anno tated, relating to salaries and fees of state officers and employees, so as to require documentation and accounting for certain expenses.

HB 1337. By Representatives Couch of the 40th, Lane of the 27th, Aaron of the 56th and others:
A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to change certain provisions relating to bonds of licensees.

The following bills of the House were read the first time and referred to committees:

HB 1264. By Representatives Dunn of the 73rd and Jones of the 78th:
A bill to amend Chapter 7 of Title 45 of the Official Code of Georgia Anno tated, relating to salaries and fees of state officers and employees, so as to require documentation and accounting for certain expenses.
Referred to Committee on Appropriations.

HB 1337. By Representatives Couch of the 40th, Lane of the 27th, Aaron of the 56th and others:
A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to change certain provisions relating to bonds of licensees.
Referred to Committee on Governmental Operations.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 334. By Senator Hine of the 52nd:
A bill to amend Chapter 5 of Title 20 of the Official Code of Georgia Anno tated, relating to libraries, so as to create for each county and municipal corporation in this state a public library facilities authority which may be activated by resolution of the local governing body.

WEDNESDAY, FEBRUARY 8, 1984

1255

The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to SB 334:
A BILL
To be entitled an Act to amend Chapter 5 of Title 20 of the Official Code of Georgia Annotated, relating to libraries, so as to create for each county and municipal corporation in this state a public library facilities au thority which may be activated by resolution of the local governing body; to provide for the creation of joint public library facilities authorities by any two or more municipal corporations, any two or more counties, or one or more municipal corporations and one or more counties; to authorize such authorities to engage in the financing, planning, design, construction, acqui sition, renovation, and remodeling of buildings, structures, and other real and personal property to be used in the delivery of public library services; to authorize contractual relations between such authorities and other govern mental entities; to provide for the membership, powers, duties, and operation of such authorities; to authorize the issuance of revenue obligations by such authorities; to provide for all 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. Chapter 5 of Title 20 of the Official Code of Georgia An notated, relating to libraries, is amended by adding a new Article 4 to read as follows:
"ARTICLE 4
20-5-80. This article may be referred to as the 'Public Library Facil ities Authorities Law.'
20-5-81. As used in this article, the term:
(1) 'Authority' means each public corporation created pursuant to this chapter.
(2) 'Cost of projects' includes:
(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; and 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 and loan fees and all interest on revenue bonds, notes, or other obligations of an authority which accrues or is paid prior to and during the period of construction of a project and during such additional period as the authority may reasonably determine to be necessary to place such project in operation;

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(D) All costs of engineering, surveying, and architectural and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys 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 trust agreement, indenture of trust, or similar instru ment or agreement; all expenses incurred by any such fiscal agents, pay ing agents, and trustees; and all other costs and expenses incurred relative to the issuance of any revenue bonds, notes, or other obligations for any project;
(G) All fees of any type charged by an authority in connection with 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 made for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses 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 operations; 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 of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any reve nue bonds, notes, or other obligations of the authority may be authorized.
Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of revenue bonds, notes, or other obli gations issued by the authority.
(3) 'County' means any county of this state.
(4) 'Governing body' means the elected or duly appointed officials constituting the governing body of each municipal corporation and county in the state.
(5) 'Library board' means any library board or board of trustees or other officials operating a library as provided in Chapter 5 of this title.
(6) 'Municipal corporation' means each city and town in the state.

WEDNESDAY, FEBRUARY 8, 1984

1257

(7) 'Project' includes any one or more buildings or structures to be used in the delivery of public library services with all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping, and facilities for storage, all as determined by the authority, which determi nation shall be final and not subject to review; and there may be included as part of any such project all improvements necessary to the full utiliza tion thereof, including site preparation, roads and streets, sidewalks, water supply, and outdoor lighting; and none of the 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.
20-5-82. This article is passed pursuant to authority granted the General Assembly by Article IX, Section VI, Paragraph I and Article IX, Section III, Paragraph I of the Constitution of this state. Each au thority created by this article is created for nonprofit and public pur poses, and it is found, determined, and declared that the creation of each such authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essen tial governmental function in the exercise of the power conferred upon it by this article. For such reasons, the state covenants, from time to time, with the holders of the bonds issued under this article that such authority shall be required to pay no taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or tax ing districts upon any property acquired 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 of such authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state. The tax ex emption provided in this Code section shall include an exemption from sales and use tax on property purchased by the authority or for use by the authority.
20-5-83. (a) There is created in and for each county and municipal corporation in the state a public body corporate and politic to be known as the 'public library facilities authority' of such county or municipal corporation, which shall consist of a board of seven directors to be ap pointed by resolution of the governing body of the county or municipal corporation. At the time of the election of the first board of directors, the governing body of the municipal corporation or county shall elect two directors for two years, two directors for four years, and three directors for six years, and thereafter the terms of all directors shall be six years. If, at the end of any term of office of any director, a successor thereto has not been elected, the director whose term of office has expired shall con tinue to hold office until his successor is so elected.
(b) A majority of the directors shall constitute a quorum, but no action may be taken by the board without the affirmative vote of a ma jority of the full membership of the board.
(c) No authority shall transact any business or exercise any powers

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under this article until the governing body of the county or municipal corporation, by proper resolution, declares that there is a need for an authority to function in the county or municipal corporation. A copy of the resolution shall be filed with the Secretary of State, who shall main tain a record of all authorities activated under this article.
20-5-84. (a) The directors shall be residents of the county or munici pal corporation for which the authority is created, and their successors shall be appointed as provided by the resolution provided for in Code Section 20-5-83. Not more than one director shall be an officer or em ployee of the county or municipal corporation.
(b) The directors shall elect one of their members as chairman and another as vice-chairman and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may, but need not, be a director.
(c) The directors shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties.
(d) The authority may make by laws and regulations for its govern ance and may delegate to one or more of its officers, agents, and employ ees such powers and duties as may be deemed necessary and proper. The authority shall have perpetual existence.
(e) No director shall engage in any transaction with the authority.
20-5-85. (a) By proper resolution of the local governing bodies, an authority may be created and activated by:
(1) Any two or more municipal corporations;
(2) Any two or more counties; or
(3) One or more municipal corporations and one or more counties.
(b) A joint authority so created shall be governed by this article in the same manner as other authorities created pursuant to this article, except as specifically provided otherwise in this Code section.
(c) The resolutions creating and activating a joint authority shall specify the number of members of the authority, the number to be ap pointed by each participating county or municipal corporation, their terms of office, and their residency requirements.
(d) The resolutions creating and activating joint authorities may be amended by appropriate concurrent resolutions of the participating gov erning bodies.
20-5-86. Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this article, including, but without limiting the generality of the foregoing, the power:
(1) To bring and defend actions;

WEDNESDAY, FEBRUARY 8, 1984

1259

(2) To adopt and amend a corporate seal;
(3) To make and execute contracts and other instruments necessary or convenient to exercise the powers of the authority, any of which con tracts may be made with the county in which the authority is located or with any one or more municipal corporations in such county; but nothing in this article shall expand the existing legal capacity of any county or municipal corporation to enter into contracts with the authority;
(4) To receive and administer gifts, grants, and devises of any prop erty and to administer trusts;
(5) 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;
(6) To sell, lease, exchange, transfer, assign, pledge, mortgage, dis pose of, or grant options for any real or personal property or interest therein for any such purposes;
(7) To mortgage, convey, pledge, or assign any properties, revenues, income, tolls, charges, or fees owned or received by the authority;
(8) To appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants, and employees and to provide for their compensation and duties;
(9) To extend credit or make loans to any county, municipal corpo ration, or combination of the foregoing for the planning, design, con struction, acquisition, or carrying out of any project, which credit or loans shall be secured by loan agreements, mortgages, security agree ments, contracts, and all other instruments, fees, or charges, upon such terms and conditions as the authority shall determine reasonable in con nection with such loans, including provision for the establishment and maintenance of reserves and insurance funds; and, in the exercise of pow ers granted by this Code section in connection with a project for such county, municipal corporation, or combination of the foregoing, to re quire the inclusion in any contract, loan agreement, security agreement, or other instrument, of such provisions for guaranty, insurance, construc tion, use, operation, maintenance, and financing of a project as the au thority may deem necessary or desirable;
(10) To acquire, accept, or retain equitable interests, security inter ests, or other interest in any property, real or personal, by mortgage, as signment, 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;
(11) To construct, acquire, own, repair, remodel, maintain, extend, improve, and equip projects located on land owned or leased by the au thority 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 au thority or from any contribution or loans by persons, firms, or corpora-

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tions or any other contribution, all of which the authority is authorized to receive, accept, and use;
(12) To borrow money and issue its revenue bonds and bond antici pation notes from time to time and to use the proceeds thereof for the purpose of paying all or part of 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 oth erwise carry out the purposes of this article 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 procedures and subject to the limita tions set forth in Code Section 20-5-88;
(13) As security for repayment of authority obligations, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any prop erty, real or personal, of such authority and to execute any trust agree ment, indenture, or security agreement containing any provisions 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. This state, on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein, waives any right which it or such county, municipal cor poration, 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 fore closed in accordance with law and the terms thereof; and
(14) To do all things necessary or convenient to carry out the powers expressly conferred by this article.
20-5-87. (a) No project acquired under this article shall be operated by an authority. Such a project shall be operated by a library board and shall be leased or sold to a library board. If revenue bonds or other obli gations 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 obligations. If sold, the purchase price may be paid at one time or in installments falling due over not more than 40 years from the date of transfer of possession. The library board shall be required to pay all costs of operat ing and maintaining the leased or purchased property and to pay rentals or installments in amounts sufficient to pay the principal of and the inter est and premium, if any, on all of its bonds and other obligations as such principal and interest become due.
(b) No authority shall issue any revenue bonds or other obligations to pay all or part of the cost of any project, unless the library board which will operate the project has raised from charitable contributions funds sufficient to pay at least 30 percent of the cost of the project and the library board agrees that at least 30 percent of the cost of the project will be paid from such funds.

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(c) No authority shall issue any revenue bonds or other obligations to pay all or part of the cost of any project, which cost exceeds 20 per cent of the budget of the library board for the fiscal year immediately preceding the year in which the revenue bonds or other obligations are proposed to be issued, unless the issuance on such revenue bonds or other obligations is approved at a special election as provided in this subsec tion. An authority which desires to issue revenue bonds or other obliga tions subject to the requirement of a special election shall notify the proper election superintendent or election superintendents who shall issue the call for a special election to determine whether such revenue bonds or other obligations may be issued. In the case of an authority activated by a municipal corporation, the special election shall be a municipal special election and shall be conducted by the municipal election superintendent. In the case of an authority activated by a county, the special election shall be a county election and shall be conducted by the county election superintendent. In the case of an authority activated by two or more local governments, the election shall be held within the territorial limits of all of such local governments and shall be conducted by the election superin tendent or election superintendents of the county or counties in which such local governments are located. In any case the issuance of the reve nue bonds must be approved by a majority of the qualified electors within the area in which the special election is held who vote in such special election. If a majority of those voting vote in favor of allowing the reve nue bonds or other obligations to be issued then they may be issued; oth erwise such revenue bonds or other obligations shall not be issued. The form of the question on the ballot in such special election shall be as follows:

'[ ] YES [ ] NO

Shall the proposal of the_____public library facilities authority to issue revenue bonds or other obligations in
the amount of_____for purposes of financing a pro ject to be operated by the____library board be ap proved?'

The election superintendent or election superintendents shall cause the date and purpose of the special election to be advertised once a week for two weeks immediately preceding the date of the special election. The election superintendent or election superintendents shall certify the re sults of the election to the authority.

20-5-88. (a) Subject to the limitations and procedures provided by this Code section, the obligations of any authority evidenced by bonds, bond anticipation notes, trust indentures, deeds to secure obligations, se curity 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 instru ments, 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 convenant 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 anticipation notes, for the replacement of lost, destroyed, stolen, or mutilated bonds and notes, and for the payment and redemp tion of such bonds and notes. Similarly, subject to the limitations and

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procedures of this Code section, undertakings of an authority may pre scribe the procedure by which bondholders and noteholders may enforce rights against the authority and may provide for rights upon breach of any convenant, condition, or obligation of the authority; and bonds, reso lutions, trust indentures, mortgages, or deeds to secure obligations exe cuted by an authority and bond anticipation notes executed by an author ity may contain such provisions not otherwise contrary to law as the authority shall deem necessary or desirable.
(b) The proceeds derived from the sale of all bonds and bond antici pation notes issued by an authority shall be held and used for the ulti mate purpose of paying, directly or indirectly as permitted in this article, 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 re funding any bond anticipation notes issued in accordance with this article or refunding any previously issued bonds of the authority.
(c) All bonds and bond anticipation notes issued by an 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.
(d) Issuance by an 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 resolu tion authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds or bond anticipation notes on a par ity with such prior issue.
(e) An authority shall have the power and is authorized, whenever revenue bonds of the authority have been validated as provided in this article, to issue, from time to time, its notes in anticipation of the issu ance 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 resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution or resolu tions authorizing bonds of the authority or any issue thereof; and the authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation 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.

WEDNESDAY, FEBRUARY 8, 1984

1263

(0 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 board of directors of the authority. Any limitations with respect to interest rates found in the usury laws or other laws of this state shall not apply to obligations issued under this article.
(g) All revenue bonds issued by an authority under this article shall be issued and validated under and in accordance with Article 3 of Chap ter 82 of Title 36 except as specifically set forth below:
(1) Revenue bonds issued by an authority may be in such form, ei ther 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;
(2) Revenue bonds shall bear a certificate of validation. The signa ture of the clerk of the superior court of the judicial circuit in which the issuing authority is located 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 evi dence of the fact of judgment and shall be received as original evidence in any court in this state;
(3) The term 'cost of project' shall have the meaning prescribed in paragraph (2) of Code Section 20-5-81 whenever referred to in bond res olutions of an authority, bonds and bond anticipation notes issued by an authority, or notices and proceedings to validate such bonds; and
(4) 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 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 may be fixed or may fluctuate or otherwise change from time to time) so specified; pro vided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint.
20-5-89. No bonds or other obligations of and no indebtedness in curred by any 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 any 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-

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JOURNAL OF THE SENATE

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 or of any county, municipal corporation, or political subdivision thereof, nor to force the payment thereof against any property of the state or of any such county, munici pal corporation, or political subdivision.
20-5-90. This article shall be liberally construed to effect the pur poses hereof, and insofar as this article may be inconsistent with the pro visions of any other law, including the charter of any municipal corpora tion, this article shall be controlling. The sale or issuance of bonds by any authority shall not be subject to regulation under Chapter 5 of Title 10, the 'Georgia Securities Law,' or any other law. No proceeding or publi cation not required in this article shall be necessary to the performance of any act authorized in this article, nor shall any such act be subject to referendum."
Section 2. All laws and part of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brantley
Broun of 46th
Sbnt Brown of 47th
c.
Cove8rdell Dawkins D ea i Dean English Engram Fincher

Foster Garner Gillis Greene Harris
Harrison
HHimne
Holloway
H rt Howard Hudgins Huggins Kennedy Kidd Land

Lester McGill McKenzie Peevy Perry
Reddish
StarrScott of 43rd
Stumbaugh
Tate Thompson Timmons Trulock Turner Tysinger Walker

WEDNESDAY, FEBRUARY 8, 1984

1265

Those voting in the negative were Senators:

Brannon

Burton

Phillips

Those not voting were Senators:

Allgood (excused) Coleman

Scott of 2nd

Scott of 36th

On the passage of the bill, the yeas were 49, nays 3.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 483. By Senator Bond of the 39th:
A bill to amend Code Section 3-3-20 of the Official Code of Georgia Anno tated, relating to the sale of alcoholic beverages on certain days, so as to prohibit the sale or offer of sale of alcoholic beverages on Sundays and elec tion days.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Cobb Coggin Coverdell English Engram

Garner Harris Harrison Hill Holloway Horton Hudgins Kidd Land Lester McGill

McKenzie Peevy Perry Phillips Scott of 43rd Stumbaugh Tate Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Brannon Brown of 47th Burton Dawkins Deal

Dean Fincher Foster Hine Muggins

Kennedy Reddish Starr Thompson Timmons

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JOURNAL OF THE SENATE

Those not voting were Senators:

Allgood (excused) Bryant Coleman

Gillis Greene Howard

Scott of 2nd Scott of 36th

On the passage of the bill, the yeas were 33, nays 15. The bill, having received the requisite constitutional majority, was passed.

SB 491. By Senator Scott of the 43rd: A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Anno tated, relating to fees and taxes, so as to provide for the distribution of any reimbursement received by an insurance company as a result of the overpay ment of insurance premium taxes levied by a county or municipality.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 CBoubrtbon
Coggin Coverdell Dawkins Deal Dean English Engrain

Fincher Foster Garner Greene Harris Harrison Hill Hme HHoolrltoown ay
Howard Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 43rd Starr S,,.tumb, augh,
ife Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood (excused) Brantley

Coleman Gillis

Scott of 2nd Scott of 36th

WEDNESDAY, FEBRUARY 8, 1984

1267

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto:

SR 313. By Senator Timmons of the llth:
A resolution authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia, to provide an effective date.

The House amendment was as follows: Amend SR 313 by striking on Page 2, line 28, the words "five years"
and inserting in lieu thereof the following words: "one year".
Senator Timmons of the llth moved that the Senate agree to the House amend ment to SR 313.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Greene Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land

Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger

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JOURNAL OF THE SENATE

Those not voting were Senators:

Allgood (excused) Gillis

Howard Scott of 2nd

Scott of 36th Walker

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 313.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 497. By Senator Brantley of the 56th:
A bill to amend Code Section 43-10-14 of the Official Code of Georgia an notated, relating to the study of cosmetology by persons at least 16 years of age, registration of students and apprentices, fee, and registration certificate, so as to provide that a person at least 16 years of age may learn the occupa tion of esthetics under a cosmetologist holding either a master cosmetologist certificate or an esthetician certificate under certain conditions.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brannon
orantley, ,, u
BBrroowunn ooff 4467tthh
Eon
Coggin Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis
Greene
HRaarrrriisson
"ill Hine Holloway Howard Hudgins Huggins Kennedy Kidd

Land Lester McGill McKenzie Peevy
Perfy
pRhemddiish
Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger

Those not voting were Senators:

Allgood (excused) Coleman Horton

Scott of 2nd Scott of 36th

Starr Walker

WEDNESDAY, FEBRUARY 8, 1984

1269

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 498. By Senators Deal of the 49th, Peevy of the 48th and Foster of the 50th:
A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Anno tated, relating to vacation of public office, so as to provide for special elec tions to fill vacancies for the unexpired term in certain elective public offices under certain circumstances.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin 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 Reddish Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood (excused) Coleman
Land

Phillips Scott of 2nd

Scott of 36th Timmons

On the passage of the bill, the yeas were 49, nays 0.

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JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.
Senator Stumbaugh of the 55th introduced the doctor of the day, Dr. Janet Huber, of Lithonia, Georgia.
The following general resolutions and bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SR 347. By Senator Scott of the 2nd:
A resolution urging the United States Congress to change the date of the general election.

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 Brantley Broun of 46th Bryant Coggin Coleman Coverdell Dawkins Dean English

Engram Fincher Foster Garner Gillis Harris Harrison Hine Holloway Howard

Hudgins Kidd Land Lester McGill Scott of 43rd Starr Thompson Walker

Those voting in the negative were Senators:

Barnes Bowen Brown of 47th Burton Cobb Deal Greene

Hill Horton Huggins Kennedy McKenzie Peevy Perry

Phillips Reddish Stumbaugh
T1 aatlpe
Timmons Turner

Those not voting were Senators:

Allgood (excused) Bond Brannon

Scott of 2nd Scott of 36th

Trulock Tysinger

WEDNESDAY, FEBRUARY 8, 1984

1271

On the adoption of the resolution, the yeas were 29, nays 20. The resolution, having received the requisite constitutional majority, was adopted.

SR 353. By Senator Kidd of the 25th: A RESOLUTION

Proposing an amendment to the Constitution so as to provide that bills for raising or reducing revenue may originate in either house of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section V of the Constitution is amended by striking Para graph II in its entirety and inserting in lieu thereof a new Paragraph II to read as follows:
"Paragraph II. Bills for revenue. All bills appropriating money shall originate in the House of Representatives. Bills for raising or reducing revenue may originate in either house of the General Assembly."

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 bills for raising or reducing revenue may originate in either house of the General Assembly?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Gillis Harris Harrison Hine Horton Howard Hudgins Huggins Kennedy Kidd

Land Lester McGill Peevy Perry Reddish Scott of 43rd Starr Stumbaugh Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Garner

Holloway

Thompson

Those not voting were Senators:

Allgood (excused) Barker Brannon Coggin

Greene Hill McKenzie Phillips

Scott of 2nd Scott of 36th Tate Trulock

On the adoption of the resolution, the yeas were 41, nays 3.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
SB 487. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-3 of the Official Code of Georgia Anno tated, relating to duties and functions of the State Personnel Board gener ally, so as to provide that members of the State Personnel Board shall re ceive the same expense allowance per day as that received by a member of the General Assembly for each day while performing official business for the board, plus reimbursement for certain other expenses while performing offi cial business for 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, a roll call was taken, and the vote was as follows:

WEDNESDAY, FEBRUARY 8, 1984

1273

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Dean English Engram

Fincher Garner Gillis Greene Harris Harrison Hine Holloway Hudgins Muggins Kennedy Kidd Land Lester

McGill McKenzie Perry Phillips Reddish Scott of 43rd Starr Stumbaugh Thompson Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Dawkins Deal

Foster

Peevy

Those not voting were Senators:

Allgood (excused) Brannon Brantley Bryant

Hill Horton Howard Scott of 2nd

Scott of 36th Tate Timmons

On the passage of the bill, the yeas were 41, nays 4.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

SB 513. By Senators Greene of the 26th, Harris of the 27th and Barker of the 18th:
A bill to amend Chapter 63 of Title 36 of the Official Code of Georgia Annotated, known as the "Resource Recovery Development Authorities Law," so as to authorize the granting of exclusive rights to certain parties with respect to functions relating to resource recovery.

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JOURNAL OF THE SENATE

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 513:
A BILL
To be entitled an Act to amend Chapter 63 of Title 36 of the Official Code of Georgia Annotated, known as the "Resource Recovery Develop ment Authorities Law," so as to authorize the granting of exclusive rights to certain parties with respect to functions relating to resource recovery; to au thorize the establishment of joint authorities by two or more counties and municipal corporations not located in the same county; 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 63 of Title 36 of the Official Code of Georgia An notated, known as the "Resource Recovery Development Authorities Law," is amended by striking Code Section 36-63-2, relating to purposes, in its entirety and inserting in lieu thereof a new Code Section 36-63-2 to read as follows:
"36-63-2. (a) The recovery and utilization of resources contained in sewage sludge and solid waste and the generation of electrical and other forms of energy from water resources promotes trade, commerce, indus try, and employment opportunities by creating a new industry to recover and utilize such resources and by creating a climate highly favorable to the location of new industrial facilities in areas where such resources are recovered or available by providing additional sources of energy and a method of processing and disposing of sewage and solid waste in an effi cient and environmentally sound manner. It is therefore in the public interest and is vital to the public welfare of the people of the State of Georgia, and it is declared to be the purpose of this chapter, to create resource recovery development authorities to recover and utilize resources contained in sewage sludge, solid waste, and water resources.
(b) It is the clearly articulated and affirmatively expressed policy of the State of Georgia that any resource recovery development authority, other authority, municipal corporation, county, other governmental body or agency, or private party shall be authorized, with respect to any func tion that is part of or in furtherance of a project, to enter into agree ments or, in the case of a county or municipal corporation, to enact ordi nances or resolutions granting, directing, or providing for an exclusive right or rights in any of the foregoing parties with respect to any such function; including, but not limited to, the exclusive right to collect, ac quire, receive, transport, store, treat, process, utilize, sell, or dispose of solid waste, sewage sludge, resources, or any steam, electricity, oil, char coal, gas, or any other product or energy source."
Section 2. Said chapter is further amended by striking subsection (b) of Code Section 36-63-5, relating to the creation of resource recovery devel opment authorities, in its entirety and inserting in lieu thereof a new subsec tion (b) to read as follows:
"(b) Any number of counties and municipal corporations, whether or not located in the same county or within a county participating in the formation of a joint authority, may jointly form an authority to be known as the 'joint resource recovery development authority' for such counties and municipal corporations. No authority shall transact any business or

WEDNESDAY, FEBRUARY 8, 1984

1275

exercise any powers under this chapter until the governing authorities of the units of local government involved declare, by ordinance or resolu tion, that there is a need for an authority to function and until the gov erning authorities authorize the chief elected official of the unit of local government to enter into an agreement with the other units of local gov ernment for the activation of an authority and such agreement is executed."
Section 3. Said chapter is further amended by striking subsection (b) of Code Section 36-63-11, relating to the construction of said chapter gener ally, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A municipal corporation, a county, or any number of counties and municipal corporations shall have the right to activate an authority under this chapter, notwithstanding the existence of any other develop ment authority within the county or municipal corporation created pursu ant to any general law or amendment to the Constitution of this state. However, nothing in this chapter shall be construed as repealing, amend ing, superseding, or altering the organization of or abridging the powers of such authorities as are now in existence."
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.

Senators Greene of the 26th and Barnes of the 33rd offered the following amendment:

Amend the substitute to SB 513 offered by the Senate Committee on Judiciary and Constitutional Law by adding on Page 2, line 25 a new sen tence following "source." as follows:

"Such solid waste would not include scrap, or new or used material, separated at the point of generation and held for purposes of recycling, which shall be subject to state and local public health and safety laws."

On the adoption of the amendment, the yeas were 15, nays 21, and the amend ment was lost.

Senators Gillis of the 20th, Walker of the 19th, English of the 21st and Barker of the 18th offered the following amendment:

Amend the substitute to SB 513 offered by the Senate Committee on Judiciary and Constitutional Law by adding on line 5 of Page 1 after the word and semicolon "recovery;" the following:
"to exempt materials separated for recycling;".

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JOURNAL OF THE SENATE

By adding on line 19 of Page 2 after the word "function" the following: ", except materials separated for recycling".

On the adoption of the amendment, the yeas were 33, nays 5, and the amendment was adopted.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen 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 Holloway Horton Hudgins Huggins Kidd Land

Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood (excused) Brannon Garner

Howard Kennedy (presiding) Scott of 2nd

Tate Timmons

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

WEDNESDAY, FEBRUARY 8, 1984

1277

HB 431. By Representative Murphy of the 18th:
A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil procedure, so as to provide that when an action is dismissed for want of prosecution the plaintiff may within six months recommence the action upon the same footing as to limitation as the original action.
Senate Sponsors: Senators Greene of the 26th 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:

Barker Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal Dean English Engram

Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 36th Scott of 43rd Starr Stumbaugh Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Thompson.

Those not voting were Senators:

Allgood (excused) Bowen Brannon

Coverdell Fincher Howard

Kennedy (presiding) Scott of 2nd Tate

On the passage of the bill, the yeas were 46, nays 1.

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

HB 698. By Representatives Thompson, Wilson and Darden of the 20th and others:
A bill to amend Code Section 50-6-26 of the Official Code of Georgia Anno tated, relating to the forms applicable to the business transacted in each of the several boards, offices, institutions, departments, and commissions of the executive department of the state government, so as to make provision for consecutively numbered requisitions, purchase orders, and field purchase orders.
Senate Sponsor: Senator Barnes of the 33rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal English

Engram Foster Garner Gillis Harrison Hill Hine Holloway Horton Howard Hudgins Kidd Land Lester McGill

McKenzie Peevy Perry Phillips Reddish Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood (excused) Bowen Brannon Dean

Fincher Greene Harris Huggins

Kennedy (presiding) Scott of 2nd Starr

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 8, 1984

1279

HB 884. By Representatives Adams of the 16th, Childers of the 15th, McKelvey of the 15th and others:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to licensing of auctioneers, so as to make it unlawful for a licensed auctioneer to engage in the practice of auctioning real property un less such auctioneer is licensed as a real estate broker, associate broker, or salesperson.
Senate Sponsor: Senator Walker of the 19th.

The Senate Committee on Industry and Labor offered the following substitute to HB 884:

A BILL
To be entitled an Act to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to licensing of auctioneers, so as to change the membership of the commission; to make it unlawful for a li censed auctioneer to engage in the practice of auctioning real property un less such auctioneer is licensed as a real estate broker, associate broker, or salesperson; to provide an exception; 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 6 of Title 43 of the Official Code of Georgia An notated, relating to licensing of auctioneers, is amended by striking in their entirety subsections (b) and (c) of Code Section 43-6-2, relating to the membership of the commission, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) The commission shall be composed of six members, each of whom shall be appointed by the Governor, with the approval of the Sec retary of State, and confirmed by the Senate. Initial terms of appoint ment shall include one member to be appointed for a term of one year, one member to be appointed for a term of two years, one member to be appointed for a term of three years, one member to be appointed for a term of four years, and two members to be appointed for terms of five years. All subsequent appointments shall be for a term of five years, to end on the anniversary date of original appointments, except appoint ments to fill a vacancy which shall be for the unexpired term only.
(c) Five members of the commission shall be licensed auctioneers who shall have been residents of this state and actively engaged in the auctioneering business for at least five years. One member shall be a resi dent of this state and shall have no connection whatsoever with the prac tice or profession of auctioneering."
Section 2. Said chapter is further amended by striking Code Section 43-6-9, relating to licenses for auctioneers, in its entirety and inserting in lieu thereof a new Code Section 43-6-9 to read as follows:
"43-6-9. (a) It shall be unlawful for any person, directly or indi-

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JOURNAL OF THE SENATE

rectly, to engage in, conduct, advertise, hold himself out as engaging in or conducting the business of, or act in the capacity of, an auctioneer or apprentice auctioneer within this state without first obtaining a license as an auctioneer or apprentice auctioneer, as provided in this chapter, unless he is exempted from obtaining a license under Code Section 43-6-24.
(b) It shall be unlawful for any licensed auctioneer or apprentice auctioneer to act in such capacity in the sale of real property unless such auctioneer or apprentice auctioneer shall also be licensed as a real estate broker, associate broker, or salesperson under Chapter 40 of Title 43; provided, however, that any auctioneer or apprentice auctioneer who was licensed prior to July 1, 1978, and who, prior to December 31, 1984, submits proof to the commission that he has been auctioning real prop erty for five years or more immediately prior to the date of application shall not be required to meet the provisions of this subsection but such person shall not thereby be construed to be a real estate broker, associate broker, or salesperson under Chapter 40 of Title 43."
Section 3. This Act shall become effective July 1, 1984.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Hine of the 52nd offered the following amendment:
Amend the substitute to HB 884 offered by the Senate Committee on Industry and Labor by deleting the balance of subparagraph (b) of Section 2 on Pages 2 and 3 beginning on Page 2, line 29 at "; provided,. . ." and inserting in lieu thereof:

On the adoption of the amendment, Senator Hine of the 52nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes
BBoranndtley Coverdell Deal

Dean
GHraerennseon Hine Howard

Phillips Scott of 36th
Stumbaugh Trulock

Those voting in the negative were Senators:

Barker Bowen
Broun of 46th Brown of 47th Bryant

Burton Cobb
Coggin Coleman Dawkins

English Engram
Fincher Garner Gillis

Harris Hill Holloway Horton Hudgins Muggins Kidd

WEDNESDAY, FEBRUARY 8, 1984

1281

Land Lester McGill McKenzie Peevy Perry Reddish

Scott of 43rd Starr Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood (excused) Brannon

Foster Kennedy (presiding)

Scott of 2nd Tate

On the adoption of the amendment, the yeas were 14, nays 36, and the amend ment was lost.
The President resumed the Chair.
On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Barker Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal English Engram Fincher

Foster Garner Gillis Greene Harris Harrison Hill Holloway Horton Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Perry Phillips Reddish Scott of 36th Scott of 43rd Starr Thompson Timmons Trulock Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Barnes Bond Coverdell

Dean Hine Howard

Peevy Stumbaugh Tate

Those not voting were Senators:

Allgood (excused)

Brannon

Scott of 2nd

On the passage of the bill, the yeas were 44, nays 9.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 950. By Representative Buck of the 95th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to bail generally, so as to authorize courts of inquiry to estab lish schedules of bail for certain offenses.
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:

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 Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

WEDNESDAY, FEBRUARY 8, 1984

1283

Those not voting were Senators:

Allgood (excused) Bond

Brannon

Scott of 2nd

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 952. By Representative Buck of the 95th:
A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," so as to authorize the Georgia Safety Fire Commissioner to enter into reciprocal agreements with other states; to change certain requirements for obtaining a certificate.
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:

Barker Barnes Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Greene Harrison Hine Holloway Horton Hudgins Muggins Kennedy Kidd Land Lester McGill

McKenzie Peevy Perry Phillips Reddish Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood (excused) Bond Brannon

Gillis Harris Hill

Howard Scott of 2nd Starr

1284

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.
Senator Kennedy of the 4th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.
At 12:45 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

THURSDAY, FEBRUARY 9, 1984

1285

Senate Chamber, Atlanta, Georgia Thursday, February 9, 1984 Thirtieth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1296. By Representatives Phillips of the 125th, Hooks of the 116th, Hirsch of the 96th and Chambless of the 133rd:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Anno tated, relating to care and protection of indigent and elderly patients, so as to provide for legislative findings and purpose.

HB 169. By Representatives Argo of the 68th, Godbee of the 110th, Cummings of the 17th and others:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to the Teachers Retirement System of Georgia, so as to pro vide for a postretiremen! benefit adjustment.

The House adheres to its position in insisting on 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 resolution of the Senate:

SR 274. By Senators Turner of the 8th, Coverdell of the 40th, Trulock of the 10th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly by law to change previously existing retirement or pension laws of this state, to revise the provisions of said laws relating to

1286

JOURNAL OF THE SENATE

retirement or pension benefits based on involuntary separation from employ ment as applied to present members of the public retirement or pension systems.

The Speaker has appointed on the part of the House:
Representatives Johnson of the 72nd, Lawler of the 20th and Clark of the 13th.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1338. 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 method of appointing the public defender in all counties having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.

HB 1417. By Representatives Redding of the 50th, Richardson of the 52nd, Childs of the 53rd and Williams of the 54th:
A bill to amend an Act creating and establishing a new charter for the City of Decatur, so as to change the provisions relating to the election of commissioners.

HB 1436. By Representatives Connell of the 87th and Padgett of the 86th: A bill to make provisions for the Magistrate Court of Richmond County.

HB 1479. By Representatives Colwell and Twiggs of the 4th: A bill to abolish the office of treasurer of Union County.

HB 1480. By Representatives Colwell and Twiggs of the 4th:
A bill to create the office of commissioner of Union County as the governing authority of said county.

HB 1481. By Representatives Colwell and Twiggs of the 4th:
A bill to provide that the judge of the Probate Court of Union County shall also serve as the chief magistrate of Union County.

HB 1482. By Representatives Dover and Irvin of the llth:
A bill abolishing the offices of tax collector and tax receiver of White County and creating the office of tax commissioner of said county, so as to

THURSDAY, FEBRUARY 9, 1984

1287

provide an annual salary for the tax commissioner of White County in lieu of all fees.

HB 1483. By Representative Carter of the 146th:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Berrien County, known as the fee system.

HB 1484. By Representatives Walker of the 115th and Ray of the 98th:
A bill to amend an Act creating the Perry-Fort Valley Airport Authority, so as to change the quorum of the authority.

HB 1485. By Representative Ray of the 98th:
A bill to amend an Act creating the board of commissioners for Peach County, so as to change the compensation of the board.

HB 1487. By Representative Long of the 142nd:
A bill to amend an Act creating a new board of education of Grady County, so as to reapportion the board of education of Grady County.

HB 1488. By Representatives Barnett of the 59th, White of the 62nd, Russell of the 64th and others:
A bill to amend an Act incorporating the City of Snellville, so as to include certain territory within the corporate limits of said city.

HB 1489. By Representative Barnett of the 10th: A bill to make provisions for the Magistrate Court of Forsyth County.

HB 1490. By Representatives Caldwell of the 16th and Childers and McKelvey of the 15th:
A bill to amend an Act providing a chief deputy for the clerk of the Supe rior Court of Floyd County and for the sheriff of Floyd County, so as to provide that the salary amount of each chief deputy shall be subject to the approval of the county governing authority.

HB 1491. By Representatives McVeigh of the 155th and Auten of the 156th:
A bill to amend an Act incorporating the City of Brunswick, so as to change the requirements pertaining to advertising ordinances and bylaws.

HB 1492. By Representatives Anderson and Hasty of the 8th and Barnett of the 10th:
A bill to amend an Act re-creating and reincorporating the City of Woodstock, so as to provide for the election of mayor in the event of a vacancy.

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JOURNAL OF THE SENATE

HB 1507. By Representative Birdsong of the 104th:
A bill to amend an Act placing the sheriff of Wilkinson County on an an nual salary, so as to change the salary of the sheriff; to provide for salaries of employees of the sheriff.

HB 1508. By Representative Birdsong of the 104th:
A bill to amend an Act placing the judge of the Probate Court of Wilkinson County upon an annual salary in lieu of the fee system of compensation, so as to provide for salaries and a method of periodic increases in salaries for the judge of the probate court and employees of the judge.

HB 1509. By Representative Birdsong of the 104th:
A bill to amend an Act creating the office of tax commissioner of Wilkinson County, so as to provide an annual salary for the tax commissioner.

HB 975. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-17-20 of the Official Code of Georgia An notated, relating to the Board of Commissioners of the Peace Officers' An nuity and Benefit Fund, so as to change the composition of said board.

HB 1059. By Representative Johnson of the 72nd:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to delete the requirement of licenses for branch offices; to change provisions for grounds for refusal to grant licenses.

HB 1010. By Representative Watson of the 114th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change the definition of the term "private carrier"; to change the provisions relating to the purpose of Article 2 of Chapter 7.

HB 1011. By Representatives Galer of the 97th, Steinberg of the 46th, Williams of the 48th and others:
A bill to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, so as to change the circum stances under which administrators and executors shall be required to give bond.

HB 1006. By Representative Cox of the 141st:
A bill to amend Code Section 48-4-42 of the Official Code of Georgia Anno tated, relating to amount payable for redemption of property sold for taxes, so as to include in the cost of redemption any taxes paid on the property by the purchaser after the sale for taxes.

THURSDAY, FEBRUARY 9, 1984

1289

HB 1133. By Representatives Lambert of the 66th, Murphy of the 18th, Richardson of the 52nd and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for licensing and regulation of dietitians and dietetic counselors.

HB 1390. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of superior court judges for each judicial cir cuit, so as to increase to two the number of judges for the Houston Judicial Circuit.

HB 451. By Representatives Colwell of the 4th, Dobbs of the 74th, Cox of the 141st and others:
A bill to amend Code Section 50-19-1 of the Official Code of Georgia Anno tated, relating to the establishment and operation of interagency motor pools by the Department of Administrative Services, so as to change the provi sions relative to rules governing the maintenance, repair, and service of mo tor vehicles.

HB 358. By Representatives Watson of the 114th, Adams of the 16th, Edwards of the 112th and others:
A bill to amend Article 3 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to local authorization and regulation of distilled spirits, so as to limit the number of retail dealer licenses which may be is sued by the governing authority of any political subdivision.

HB 425. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to change the provisions relating to the minimum compensation of clerks of the supe rior courts who also serve as clerks of certain other courts.

HB 864. By Representatives Workman of the 51st, Alford of the 57th and Robinson of the 58th:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for the safe construction, installation, inspection, maintenance, and repair of boilers and pressure vessels.

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JOURNAL OF THE SENATE

The House has adopted by the requisite constitutional majority the following reso lution of the House:

HR 655. By Representative Rainey of the 135th: A resolution naming the South Oaks Road in Dooly County.

The House has passed by the requisite constitutional majority the following bill of the Senate:

SB 481. By Senators Scott of the 2nd, Coleman of the 1st and Bryant of the 3rd:
A bill to provide for the appointment of the clerk of the State Court of Chatham County by a majority vote of the judges of the superior courts of the Eastern Judicial Circuit and the judges of said state court.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 536. By Senator Burton of the 5th:
A bill to amend Chapter 2 of Title 31 of the Official Code of Georgia Anno tated, relating to the Department of Human Resources, so as to authorize and require the department to establish a program to provide services to handicapped children and their parents.
Referred to Committee on Human Resources.

SB 537. By Senator Scott of the 43rd:
A bill to amend Code Section 20-8-1 of the Official Code of Georgia Anno tated, relating to definitions with respect to campus policemen, so as to change the definition of the term "campus"; to provide an effective date.
Referred to Committee on Federal, State and Community Affairs (General).

SB 538. By Senator Tysinger of the 41st:
A bill to amend Code Section 40-2-73 of the Official Code of Georgia Anno tated, relating to special license plates for amateur radio operators, so as to provide additional requirements relative to such special license plates.
Referred to Committee on Transportation.

SB 539. By Senator Coggin of the 35th:
A bill to amend Code Section 15-21-73 of the Official Code of Georgia An notated, relating to additional sums to be imposed in certain criminal and traffic cases and upon bond violations, so as to authorize retaining an amount from such sums for administrative expenses.
Referred to Committee on Judiciary.

THURSDAY, FEBRUARY 9, 1984

1291

SB 540. By Senator English of the 21st:
A bill to amend Subpart 9 of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to grants for attendance at colleges of osteopathic medicine, so as to completely revise said subpart.
Referred to Committee on Higher Education.

SB 541. By Senator English of the 21st:
A bill to amend an Act creating the office of tax commissioner for Emanuel County, as amended, so as to increase the annual compensation of the tax commissioner.
Referred to Committee on Federal, State and Community Affairs.

SB 542. By Senator English of the 21st:
A bill to amend an Act creating a board of commissioners of Emanuel County, as amended, so as to provide for election of five board members from single-member districts.
Referred to Committee on Federal, State and Community Affairs.

SB 543. By Senators Bond of the 39th, Scott of the 36th and Tate of the 38th:
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 pro vide that no funds of the State of Georgia shall be invested or deposited in any financial institution which directly or through its subsidiaries has out standing loans to the Republic of South Africa.
Referred to Committee on Appropriations.

SB 544. By Senators Barnes of the 33rd, Harrison of the 37th, Brantley of the 56th and Thompson of the 32nd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to numbers of superior court judges for each judicial circuit, so as to increase to six the number of judges for the Cobb Judicial Circuit.
Referred to Committee on Judiciary and Constitutional Law.

SB 545. By Senators Gillis of the 20th, Kennedy of the 4th and English of the 21st:
A bill to amend Code Section 42-5-60 of the Official Code of Georgia Anno tated, relating to the promulgation of rules and regulations governing hiring out of inmates, authority of political subdivisions to contract for services of inmates, sale of products produced by inmates, disposition of proceeds, and payment of inmates for services, so as to authorize the sale to private col leges and universities of goods, wares, or merchandise manufactured, pro duced, or mined by inmates of any state or county correctional institution.
Referred to Committee on Federal, State and Community Affairs (General).

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JOURNAL OF THE SENATE

SB 546. By Senator Deal of the 49th:
A bill to amend Code Section 32-6-21 of the Official Code of Georgia Anno tated, relating to securing loads on vehicles, so as to require vehicles loaded with pulpwood or logs to be properly secured.
Referred to Committee on Natural Resources and Environmental Quality.

SB 547. By Senator Holloway of the 12th:
A bill to amend Code Section 7-4-17 of the Official Code of Georgia Anno tated, relating to the prohibition against the payment of interest on unpaid interest, so as to provide further that under certain conditions interest may be charged on unpaid interest.
Referred to Committee on Banking and Finance.

SB 548. By Senator Harris of the 27th:
A bill to amend Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, so as to remove the millage limitation on the authority of a municipality to levy taxes for financial assistance to its municipal development authority or a joint county and mu nicipal development authority in certain instances.
Referred to Committee on Economic Development and Tourism.

SB 549. By Senator Harris of the 27th:
A bill to amend Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, so as to remove the millage limitations on the authority of a county to levy taxes for financial assistance to its development authority or a joint county and municipal development authority in certain instances.
Referred to Committee on Economic Development and Tourism.

SR 386. By Senators Walker of the 19th, Barker of the 18th and English of the 21st:
A resolution relative to plant closings and the proposed National Employ ment Priorities Act.
Referred to Committee on Industry and Labor.

SR 387. By Senators Engram of the 34th, Trulock of the 10th, Garner of the 30th and others:
A resolution creating the Peace Officers' Annuity and Benefit Fund Study Committee.
Referred to Committee on Retirement.

THURSDAY, FEBRUARY 9, 1984

1293

SR 388. By Senator Broun of the 46th:
A resolution creating a study committee for a university system eminent scholars endowment trust fund.
Referred to Committee on Higher Education.

SR 389. By Senator Broun of the 46th:
A resolution creating the Senate Committee.
Referred to Committee on Transportation.

Motor

Vehicle

Inspection

Study

The following bills and resolution of the House were read the first time and re ferred to committees:

HB 169. By Representatives Argo of the 68th, Godbee of the 110th, Cummings of the 17th and others:
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 provide for a postretiremen! benefit adjustment.
Referred to Committee on Retirement.

HB 358. By Representatives Watson of the 114th, Adams of the 16th, Edwards of the 112th and others:
A bill to amend Article 3 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to local authorization and regulation of distilled spirits, so as to limit the number of retail dealer licenses which may be is sued by the governing authority of any political subdivision.
Referred to Committee on Consumer Affairs.

HB 425. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to change the provisions relating to the minimum compensation of clerks of the supe rior courts who also serve as clerks of certain other courts.
Referred to Committee on Governmental Operations.

HB 451. By Representatives Colwell of the 4th, Dobbs of the 74th, Cox of the 141st and others:
A bill to amend Code Section 50-19-1 of the Official Code of Georgia Anno tated, relating to the establishment and operation of interagency motor pools by the Department of Administrative Services, so as to change the provi sions relative to rules governing the maintenance, repair, and service of mo tor vehicles.
Referred to Committee on Governmental Operations.

1294

JOURNAL OF THE SENATE

HB 864. By Representatives Workman of the 51st, Alford of the 57th and Robinson of the 58th:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for the safe construction, installation, inspection, maintenance, and repair of boilers and pressure vessels.
Referred to Committee on Industry and Labor.

HB 975. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-17-20 of the Official Code of Georgia An notated, relating to the Board of Commissioners of the Peace Officers' An nuity and Benefit Fund, so as to change the composition of said board.
Referred to Committee on Retirement.

HB 1006. By Representative Cox of the 141st:
A bill to amend Code Section 48-4-42 of the Official Code of Georgia Anno tated, relating to amount payable for redemption of property sold for taxes, so as to include in the cost of redemption any taxes paid on the property by the purchaser after the sale for taxes.
Referred to Committee on Banking and Finance.

HB 1010. By Representative Watson of the 114th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change the definition of the term "private carrier"; to change the provisions relating to the purpose of Article 2 of Chapter 7.
Referred to Committee on Public Utilities.

HB 1011. By Representatives Galer of the 97th, Steinberg of the 46th, Williams of the 48th and others:
A bill to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, so as to change the circum stances under which administrators and executors shall be required to give bond.
Referred to Committee on Judiciary and Constitutional Law.

HB 1059. By Representative Johnson of the 72nd:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to delete the requirement of licenses for branch offices; to change provisions for grounds for refusal to grant licenses.
Referred to Committee on Industry and Labor.

THURSDAY, FEBRUARY 9, 1984

1295

HB 1133. By Representatives Lambert of the 66th, Murphy of the 18th, Richardson of the 52nd and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for licensing and regulation of dietitians and dietetic counselors.
Referred to Committee on Human Resources.

HB 1296. By Representatives Phillips of the 125th, Hooks of the 116th, Hirsch of the 96th and Chambless of the 133rd:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Anno tated, relating to care and protection of indigent and elderly patients, so as to provide for legislative findings and purpose.
Referred to Committee on Human Resources.

HB 1390. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of superior court judges for each judicial cir cuit, so as to increase to two the number of judges for the Houston Judicial Circuit.
Referred to Committee on Judiciary and Constitutional Law.

HR 655. By Representative Rainey of the 135th: A resolution naming the South Oaks Road in Dooly County.
Referred to Committee on Transportation.

HB 1338. 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 method of appointing the public defender in all counties having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.
Referred to Committee on Federal, State and Community Affairs.

HB 1417. By Representatives Redding of the 50th, Richardson of the 52nd, Childs of the 53rd and Williams of the 54th:
A bill to amend an Act creating and establishing a new charter for the City of Decatur, so as to change the provisions relating to the election of commissioners.
Referred to Committee on Federal, State and Community Affairs.

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JOURNAL OF THE SENATE

HB 1436. By Representatives Connell of the 87th and Padgett of the 86th: A bill to make provisions for the Magistrate Court of Richmond County.
Referred to Committee on Federal, State and Community Affairs.

HB 1479. By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to abolish the office of treasurer of Union County.
Referred to Committee on Federal, State and Community Affairs.

HB 1480. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to create the office of commissioner of Union County as the governing authority of said county.
Referred to Committee on Federal, State and Community Affairs.

HB 1481. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to provide that the judge of the Probate Court of Union County shall also serve as the chief magistrate of Union County.
Referred to Committee on Federal, State and Community Affairs.

HB 1482. By Representatives Dover of the llth and Irvin of the llth:
A bill abolishing the offices of tax collector and tax receiver of White County and creating the office of tax commissioner of said county, so as to provide an annual salary for the tax commissioner of White County in lieu of all fees.
Referred to Committee on Federal, State and Community Affairs.

HB 1483. By Representative Carter of the 146th:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Berrien County, known as the fee system.
Referred to Committee on Federal, State and Community Affairs.

HB 1484. By Representatives Walker of the 115th and Ray of the 98th:
A bill to amend an Act creating the Perry-Fort Valley Airport Authority, so as to change the quorum of the authority.
Referred to Committee on Federal, State and Community Affairs.

HB 1485. By Representative Ray of the 98th:
A bill to amend an Act creating the board of commissioners for Peach County, so as to change the compensation of the board.
Referred to Committee on Federal, State and Community Affairs.

THURSDAY, FEBRUARY 9, 1984

1297

HB 1487. By Representative Long of the 142nd:
A bill to amend an Act creating a new board of education of Grady County, so as to reapportion the board of education of Grady County.
Referred to Committee on Federal, State and Community Affairs.

HB 1488. By Representatives Barnett of the 59th, White of the 62nd, Russell of the 64th and others:
A bill to amend an Act incorporating the city of Snellville, so as to include certain territory within the corporate limits of said city.
Referred to Committee on Federal, State and Community Affairs.

HB 1489. By Representative Barnett of the 10th: A bill to make provisions for the Magistrate Court of Forsyth County.
Referred to Committee on Federal, State and Community Affairs.

HB 1490. By Representatives Caldwell of the 16th, Childers of the 15th, and McKelvey of the 15th:
A bill to amend an Act providing a chief deputy for the clerk of the Supe rior Court of Floyd County and for the sheriff of Floyd County, so as to provide that the salary amount of each chief deputy shall be subject to the approval of the county governing authority.
Referred to Committee on Federal, State and Community Affairs.

HB 1491. By Representatives McVeigh of the 155th and Auten of the 156th:
A bill to amend an Act incorporating the City of Brunswick, so as to change the requirements pertaining to advertising ordinances and bylaws.
Referred to Committee on Federal, State and Community Affairs.

HB 1492. By Representatives Anderson of the 8th, Barnett of the 10th and Hasty of the 8th:
A bill to amend an Act re-creating and reincorporating the City of Woodstock, so as to provide for the election of mayor in the event of a vacancy.
Referred to Committee on Federal, State and Community Affairs.

HB 1507. By Representative Birdsong of the 104th:
A bill to amend an Act placing the sheriff of Wilkinson County on an an nual salary, so as to change the salary of the sheriff; to provide for salaries of employees of the sheriff.
Referred to Committee on Federal, State and Community Affairs.

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JOURNAL OF THE SENATE

HB 1508. By Representative Birdsong of the 104th:
A bill to amend an Act placing the judge of the Probate Court of Wilkinson County upon an annual salary in lieu of the fee system of compensation, so as to provide for salaries and a method of periodic increases in salaries for the judge of the probate court and employees of the judge.
Referred to Committee on Federal, State and Community Affairs.

HB 1509. By Representative Birdsong of the 104th:
A bill to amend an Act creating the office of tax commissioner of Wilkinson County, so as to provide an annual salary for the tax commissioner.
Referred to Committee on Federal, State and Community Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Banking and Finance has had under consideration the follow ing bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 913. HB 957. HB 1122.

Do pass. Do pass. Do pass by substitute.

HB 1164. Do pass as amended. HB 1198. Do pass.

Respectfully submitted,

Senator Lester of the 23rd District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 525. HB 501. HB 845. HB 878. HB 1203. HB 1204. HB 1253. HB 1298. HB 1325.

Do pass. Do pass by substitute. Do pass by substitute. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

HB 1331. HB 1370. HB 1371. HB 1372. HB 1379. HB 1380. HB 1396. HB 1397. HB 1414.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

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1299

HB 1415. HB 1419. HB 1420. HB 1421. HB 1422. ,,H,,B ,14,,2,,,,3. HB 1424.
HB 1427. HB 1428.

Do pass. Do pass. Do pass. Do pass. Do pass. ^Do pass. Do pass.
Do pass. Do pass.

HB 1435. HB 1438. HB 1454 uHB_ 1456. HB 1462. HB 1463 '

Do pass. Do pass. Do pass
Do pass. Do pFass. Do Pass'

HB 1464. Do pass. HB 1465. Do pass.

Respectfully submitted,

Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1233. 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 recommendations:
HB 1015. Do pass. HB 1025. 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 and resolution of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:

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JOURNAL OF THE SENATE

SB 532. Do pass by substitute. SR 382. Do pass.

HB 985. Do pass as amended.

Respectfully submitted,

Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Natural Resources and Environmental Quality has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 523. Do pass by substitute.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Natural Resources and Environmental Quality has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1308. Do pass by substitute.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 527. Do pass. HB 618. Do pass.

HB 1200. Do pass. HB 1364. Do pass.

Respectfully submitted,

Senator Timmons of the llth District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bills

THURSDAY, FEBRUARY 9, 1984

1301

and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 365. Do pass. SR 383. Do pass.

HB 1009. Do pass. HB 1201. Do pass. Respectfully submitted, Senator Coleman of the 1st District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 107. By Senator Timmons of the llth:
A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to writs of habeas corpus for persons under sen tence by a state court of record, so as to provide that certain petitions for writs of habeas corpus may be transferred to the superior court of the county in which the original conviction was obtained.

SB 425. By Senator Howard of the 42nd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to limit an order of dispo sition placing a deprived child in foster care and to provide for an extension.

SB 479. By Senator Deal of the 49th:
A bill to amend Article 5 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to fees and costs in magistrate courts, so as to make discretionary with the court the imposition of costs of up to $30.00 against persons convicted of county ordinance violations.

SB 485. By Senator Lester of the 23rd:
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 provide that notice to the accused shall not be required where the accused had no account with the drawee at the time the instrument was made, drawn, uttered, or delivered.

SB 506. By Senators Garner of the 30th and Barnes of the 33rd:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to probation, so as to provide pretrial release and diversion programs as rehabilitative measures for certain persons charged with crimes prior to conviction.

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JOURNAL OF THE SENATE

SB 512. By Senators Bond of the 39th and Scott of the 36th:
A bill to amend Code Section 21-2-221 of the Official Code of Georgia An notated, relating to application for voter registration, so as to authorize post card registration in any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.

SB 519. By Senators Phillips of the 9th, Stumbaugh of the 55th and Tysinger of the 41st:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the general authority, duties, and procedure of the Department of Administrative Services in conducting state purchasing, so as expressly to include the legislative branch as subject to the department's purchasing procedures.

SB 520. By Senator Horton of the 17th:
A bill to amend Chapter 4 of Title 28 of the Official Code of Georgia Anno tated, relating to legislative services, so as to provide that the Legislative Services Committee shall submit each year a written report of its transac tions, decisions, and activities to the members of the General Assembly.

SB 522. By Senators Dawkins of the 45th and Walker of the 19th:
A bill to amend Code Sections 34-8-40 of the Official Code of Georgia An notated, relating to the definition of the term "employment" in connection with employment security, so as to provide that the term "employment" shall not include services performed by an individual for a firm as a parttime job opinion or marketing research interviewer.

SB 531. By Senator Stumbaugh of the 55th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing and regula tion of automobile clubs or associations.

SR 342. By Senators Kennedy of the 4th and Perry of the 7th:
A resolution relative to the award of attorneys' fees in suits against the state and political subdivisions.

SR 362. By Senator Coverdell of the 40th:
A resolution creating the Problem Drinker and Highway Safety Study Committee.

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1303

SR 363. By Senator Coverdell of the 40th:
A resolution requesting the development of information on arrests for driv ing under the influence of alcohol (DUI) and alcohol related traffic accidents.

HB 511. By Representative Aiken of the 21st:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to change the punishment for the offenses of child molestation and enticing a child for indecent purposes.

HB 886. By Representative Dobbs of the 74th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to provide that the policy of the state is that all bills owed by the state will be paid on time.

HB 980. By Representatives Chambless of the 133rd, Ginsberg of the 122nd, Hirsch of the 96th and others:
A bill to amend Code Section 19-6-19 of the Official Code of Georgia Anno tated, relating to revision of a judgment for permanent alimony or child support, so as to provide that no petition may be filed by either former spouse within a period of two years from the date of the final order on a previous petition by the same former spouse.

HB 981. By Representatives Chambless of the 133rd, Lawson of the 9th, Karrh of the 109th and Steinberg of the 46th:
A bill to amend Code Section 15-10-20 of the Official Code of Georgia An notated, relating to the number and selection of magistrates, so as to provide a minimum compensation amount for a judge of probate court who serves as chief magistrate.

HB 982. By Representatives Chambless of the 133rd, Hirsch of the 96th, Davis of the 45th and Steinberg of the 46th:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols or revolvers, so as to change investigation procedures for renewal of licenses.

HB 986. By Representatives Chambless of the 133rd, Walker of the 115th, Thomas of the 69th and others:
A bill to amend Code Section 15-10-41, relating to availability of jury trials and appeals in magistrate courts, so as to provide that appeals may be had to the state court or, if there is no state court in the county, to the superior court.

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JOURNAL OF THE SENATE

HB 1022. By Representatives Childs of the 53rd, Galer of the 97th, Steinberg of the 46th and others:
A bill to amend Article 3 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to execution and attestation of wills, so as to provide for self-proved wills.

HB 1031. By Representative Evans of the 84th:
A bill to amend Article 3 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to corporate names of business corporations, so as to change the registration fee for foreign corporations; to change the fee for renewal of registered corporate names.

HB 1033. By Representative Evans of the 84th:
A bill to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions governing the State Board of Pardons and Paroles, so as to delete the requirement that members select from their number a secretary of the board; to change provisions regarding reports made by the board.

HB 1064. By Representative Adams of the 36th:
A bill to amend an Act providing for volunteer legal service agencies in certain counties, so as to provide that in all counties having a population 550,000 or more additional civil filing fees for the use of such agencies shall be charged in magistrate court as well as in state court.

HB 1070. By Representatives Hamilton of the 124th, Lawler of the 20th, Richardson of the 52nd and others:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide for the collection, classification, and preservation of information which would assist in the identification of any deceased individual or in the location of any missing person.

HB 1087. By Representatives Colwell of the 4th, Hays of the 1st and Coleman of the 118th:
A bill to amend Code Section 42-8-35.1 of the Official Code of Georgia Annotated, relating to "special alternative incarceration" as a condition of probation, so as to reduce from 180 days to 90 days the time for initial incarceration of offenses committed on or after January 1, 1984.

HB 1091. By Representatives Lawler of the 20th, Coleman of the 118th and Cooper of the 20th:
A bill to amend Code Section 15-16-20 of the Official Code of Georgia An notated, relating to sheriff's minimum salaries and operating expenses, so as to provide for a vehicle allowance.

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1305

HB 1101. By Representatives Hooks of the 116th, Chambless of the 133rd and Walker of the 115th:
A bill to amend Code Section 42-8-73 of the Official Code of Georgia Anno tated, relating to community service work for certain offenders, so as to re quire the community service officer to consider an offender's work schedule when scheduling community service.

HB 1114. By Representative Cox of the 141st:
A bill to amend Code Section 21-2-234 of the Official Code of Georgia An notated, relating to the filing of certified list of electors with clerk of supe rior court and Secretary of State and furnishing copies of such list, so as to change the provisions relating to the cost of furnishing a computer-run list or a computer tape containing such list.

HB 1132. By Representatives Holmes of the 28th and Coleman of the 118th:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licensure to carry a pistol or revolver, so as to extend to retired federal law enforcement officers the same exemption from fees which is allowed to state and local law enforcement officers.

HB 1147. By Representatives Benn of the 38th and Felton of the 22nd:
A bill to provide for the number of members and for the election of mem bers of the Board of Education of Fulton County.

HB 1158. By Representatives Childs of the 53rd, Redding of the 50th and Steinberg of the 46th:
A bill to amend Code Section 21-3-133 of the Official Code of Georgia An notated, relating to the purging of the list of electors by municipalities main taining their own registration system, so as to require municipal registrars to purge the list of electors every two years.

HB 1185. By Representatives Thomas of the 69th and Karrh of the 109th:
A bill to amend Code Section 19-11-42 of the Official Code of Georgia An notated, relating to definitions of terms used in the "Uniform Reciprocal Enforcement of Support Act," so as to enlarge the definition of the term "state" and thereby provide that foreign jurisdictions will be included within the reciprocal law in order that petitions may be entertained from such when reciprocity is granted to this state.

HB 1199. By Representative Ramsey of the 3rd:
A bill to amend Code Section 40-5-56 of the Official Code of Georgia Anno tated, relating to suspension of driver's license or driving privilege for failure to respond to a citation, so as to require the payment of a restoration fee before the Department of Public Safety shall return a driver's license which has been suspended.

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JOURNAL OF THE SENATE

HB 1217. By Representatives Reaves of the 147th, Balkcom of the 140th, Godbee of the 110th and others:

A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to authorize the State Personnel Board to contract with the Georgia Development Authority for the inclusion in the health insurance plan of em ployees of the authority and their spouses and dependent children.

HB 1223. By Representatives Lambert of the 66th, Logan of the 67th, Milford of the 13th and others:
A bill to amend an Act providing a supplement to the salary of the judges of the Superior Courts of the Western Judicial Circuit, so as to change the supplementary compensation to be paid to each judge of the Superior Courts of the Western Judicial Circuit.

HB 1249. By Representatives Bray of the 91st, Lee of the 72nd and Coleman of the 118th:
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 remove the official of the Department of Human Resources in charge of vocational rehabilitation from the classified service.

HB 1271. By Representatives Thomas of the 69th and Murphy of the 18th:
A bill to amend Article 3 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to service in civil actions generally, so as to clarify that, in appropriate cases, a singular defendant or multiple defen dants may be served by second original outside the county where the action is filed.

HB 1375. By Representative Jones of the 78th:
A bill to be entitled an Act to abolish the office of treasurer of Butts County; to repeal an Act relating to the compensation and duties of the treasurer of Butts County.

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HR 448. By Representatives Walker of the 115th, Smyre of the 92nd, Benefield of the 72nd and others:
A resolution creating the Governor's Judicial Process Review Commission.
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 515. By Senators Phillips of the 9th and Peevy of the 48th: A bill to amend an Act to continue and re-create the State Court of Gwinnett County, as amended, so as to change the compensation of the judges of the state court.
Senators Phillips of the 9th and Peevy of the 48th offered the following amendment:
Amend SB 515 by striking from line 25 of Page 1 the following:
"$45,000.00",
and inserting in lieu thereof the following:
"$48,000.00".
On the adoption of the amendment, the yeas were 51, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 1224. By Representatives Jackson of the 83rd and Evans of the 84th:
A bill to authorize and empower the governing authority of Columbia County, Georgia, to provide penalties for violation or ordinances adopted by said governing authority pursuant to the Constitution of this state.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

HB 1323. By Representative Mangum of the 57th: A bill to create the Rockdale County Sheriff's Department Merit 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 1374. By Representative Jackson of the 65th:
A bill to provide that the judge of the Probate Court of Walton County shall serve as chief magistrate of the Magistrate Court of Walton 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 1377. By Representative Jones of the 78th:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Lamar 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 1386. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to amend an Act creating the State Court of Jefferson County, so as to change the provisions relating to the compensation of the judge and solici tor of the court.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1387. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to amend an Act reincorporating the City of Louisville in Jefferson County, so as to change the date of the regular municipal election.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1388. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to provide for a board of commissioners of Jefferson County which shall consist of a chairman and four other members and shall be the gov erning authority of Jefferson 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 1389. By Representatives Bargeron of the 108th and Ross of the 82nd: A bill to make provisions for the Magistrate Court of Jefferson County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

HB 1401. By Representative Birdsong of the 104th:
A bill to provide that residents of the City of Gordon who are 60 years of age or over shall be granted a homestead exemption from ad valorem taxa tion by said city.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1402. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Jones County who is age 65 or older and who meets certain income qualifications.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1405. By Representative Birdsong of the 104th:
A bill to amend an Act incorporating the City of Gray, so as to change the method of election of the aldermen of the City of Gray.

The report 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 1406. By Representative Yeargin of the 14th:
A bill to amend an Act incorporating the Town of Maxeys, so as to recreate and reincorporate the City of Maxeys.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1407. By Representative Yeargin of the 14th: A bill to amend an Act creating a new charter for the City of Lexington, so as to change the time for holding the municipal elections of said city.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1408. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to continue in force and effect as part of the Constitution ratified at the general election in 1982 that Constitutional Amendment which autho rizes the use by the Bulloch County School System of the proceeds of any local sales and use tax levied within Bulloch 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 1410. 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 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

HB 1411. 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.

The report 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 1412. 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1413. 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 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 599. By Representatives Phillips of the 125th and Triplet! of the 128th:
A bill to amend an Act creating the State Court of Chatham County, so as to abolish the positions of clerk of state court and sheriff of state court.

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The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 599:

A BILL
To be entitled an Act to amend an Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, and the several Acts amendatory thereof, so as to abolish the posi tion of sheriff of state court; to provide for his duties to be performed by the sheriff of Chatham County; to provide for all related matters; 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 Chatham County, ap proved December 18, 1819 (Ga. L. 1819, p. 16), as amended, and the sev eral Acts amendatory thereof, are amended in the following respects:
(a) Effective January 1, 1985, the position of sheriff of the State Court of Chatham County is abolished.
(b) The sheriff of Chatham County shall on and after January 1, 1985, perform all duties formerly performed by the sheriff of state court but shall not be entitled to any additional compensation as sheriff of state court.
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 51, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1393. By Representatives Dover of the llth and Irvin of the llth:
A bill to amend an Act creating a board of commissioners for Habersham County, so as to change the provisions relative to the election of the mem bers of the board of commissioners.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 1393:

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JOURNAL OF THE SENATE

A BILL
To be entitled an Act to amend an Act creating a board of commission ers for Habersham County, approved February 13, 1956 (Ga. L. 1956, p. 2077), as amended, particularly by an Act approved February 27, 1969 (Ga. L. 1969, p. 2069), so as to change the provisions relative to the election of the members of the board of commissioners; to change the terms of office of members of said board; to provide for county purchases and repairs; to provide for other matters relative to the foregoing; to provide for a referen dum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a board of commissioners for Habersham County, approved February 13, 1956 (Ga. L. 1956, p. 2077), as amended, particularly by an Act approved February 27, 1969 (Ga. L. 1969, p. 2069), is amended by striking from Section 2 the following:
"The first members of the board shall be elected at the same time as the county officials of Habersham County are elected in the year 1956, and shall take office on January 1, 1957. The member elected from Com missioner District Number One at the 1956 election shall serve for a term of one year and until his successor is elected and qualified. The member elected from Commissioner District Number Two at the 1956 election shall serve for a term of two years, and until his successor is elected and qualified. The member elected from Commissioner District Number Three at the 1956 election shall serve for a term of three years and until his successor is elected and qualified. Beginning in the year 1957, and each year thereafter, a successor to the member of the board whose term expires that year shall be elected, by the voters of the county, from the commissioner district of the member whose term expires that year for a term of three years. Such election shall be held on the Tuesday after the first Monday in November of each year and the member so elected shall take office on January 1 of the year following election. The present governing authority of Habersham County shall continue control of the affairs of Habersham County, that are placed under the control of the board by this Act, through December 31, 1956."
Section 2. Said Act is further amended by adding a new Section 2A between Sections 2 and 3 to read as follows:
"Section 2A. (a) At the 1984 general election, the member of the board of commissioners representing Commissioner District 1 shall be elected for a term of office of four years beginning on January 1, 1985. The term of office of the member of the board of commissioners repre senting Commissioner District 2, which is scheduled to expire on Decem ber 31, 1985, is extended to expire on December 31, 1986. At the 1986 general election, the members of the board of commissioners representing Commissioner Districts 2 and 3 shall be elected for terms of office of four years beginning on January 1, 1987. Thereafter, the members of the board of commissioners representing Commissioner Districts 1, 2, and 3 shall be elected at the general election immediately preceding the expira tion of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years.

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All members of the board of commissioners shall serve until their succes sors are elected and qualified.

(b) All members of the board of commissioners shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated known as the 'Georgia Election Code.'

(c) The members of the board of commissioners holding office prior to the election of members pursuant to subsection (a) of this section shall continue to serve as the governing authority of Habersham County until their successors are elected and take office as provided by said subsection (a) of this section."

Section 3. Said Act is further amended by striking Section 12 thereof, relating to purchases by the board, and inserting in its place a new section to read as follows:

"Section 12. The board shall be responsible for all purchases and repairs for Habersham County. All purchases and repairs over $500.00 which do not exceed $1,500.00 shall be on a quote bid basis by telephone or other means of communication. All purchases in excess of $1,500.00 shall be on a competitive sealed bid basis, except in cases of emergency
whereby the efficient operation of Habersham County might be impaired or further damaged by delay in repair of machinery, equipment, or build ings. All sealed bids shall be opened at a regularly scheduled board meet
ing. All financial records and records of bills of sale shall be open at all times for inspection by any person qualified to vote in Habersham
County. The board shall not expend any funds of Habersham County in payment of purchases or repairs made in violation of this section. An
nouncements that said sealed bids will be taken shall be published in the Tri-County Advertiser, which is the official organ of said county."

Section 4. After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Habersham County to issue the call for an election for the purpose of sub mitting this Act to the electors of Habersham County for approval or rejec tion. The superintendent shall set the date of such election for March 13, 1984. The superintendent shall issue the call for said election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immedi ately preceding the date thereof in the official organ of Habersham County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act establishing four-year terms for the mem bers of the board of commissioners of Habersham
County and providing for the election of such members pursuant to the 'Georgia Election Code' and providing for county purchases and repairs 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.

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The expense of such election shall be borne by Habersham County. It shall be the duty of the superintendent to hold and conduct such election and to certify the result thereof to the Secretary of State.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 51, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1409. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act placing the sheriff of Bulloch County upon an an nual salary, so as to change the compensation of the sheriff's deputies and office clerk.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing amendment:
Amend HB 1409 by striking from lines 23 and 24 of Page 1 the following:
"of the male sex and shall be".

On the adoption of the amendment, the yeas were 51, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

THURSDAY, FEBRUARY 9, 1984

1317

The President called for the morning roll call, and the following Senators an swered to their names:

Allgood Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant CBoubrtbon
Coggin Coleman Coverdell Dawkins Deal English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hill HHoinlleoway
Horton Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Q. ?St*um".baugh.
Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not answering were Senators:

Bond Brantley

Dean Howard

Reddish Scott of 36th

Senator Horton of the 17th introduced the chaplain of the day, Reverend Charles E. Wright, pastor of People's Baptist Church, Morrow, Georgia, who offered scripture reading and prayer.
The following resolution of the Senate was read and adopted:
SR 390. By Senator Garner of the 30th: A resolution commending Mr. Roy Richards.
SENATE RULES CALENDAR
Thursday, February 9, 1984
THIRTIETH LEGISLATIVE DAY
SB 392 Motor Vehicle Accident Reparations Act--rules prescribed by reve nue commissioner (SUBSTITUTE) (Ins--55th)
SR 19 Cities, Counties--incurring debt without referendum (SUBSTI TUTE) (AMENDMENT) (FS&CA-G--43rd)
SR 307 Involuntary Separation--no retirement benefit for elected state offi cial (SUBSTITUTE) (AMENDMENTS) (Ret--40th)
SR 357 Senate County and Municipal Grant Study Committee--create (FS&CA-G--40th)

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JOURNAL OF THE SENATE

SR 366 HB 272 HB 871 HB 883 HB 907 HB 948 HB 989 HB 998 HB 1036 HB 1042 HB 1106 HB 1144 HB 1150 HB 1170 HB 946 HB 1208 HB 1062 HB 968 HR 590 HB 1235 HB 926

Harris County--annexation of certain state-owned property into West Point (Pub U--29th)
Peace Officers' Annuity and Benefit Fund--redefine "fund" (SUB STITUTE) (Ret--llth)
Audit Reports--review by state auditor (B&F--14th)
Small Business--economic impact of proposed rules (ED&T--41st)
Community Affairs Department--provide for advisory committee (FS&CA-G--14th)
Notarial Acts--authorize commissioned officers to perform (J&CL--16th)
Agricultural Property Tax Assessment--preferential separate (AMENDMENTS) (B&F--20th)
Aggravated Child Molestation--conditions for offense (Judy--30th)
Motor Vehicle Accident Reparations Act--subrogation of certain benefits (SUBSTITUTE) (Ins--49th)
Certain Controlled Substances--delete and add to listing (Hum R--54th)
Southern Judicial Circuit Superior Court Judges--compensation sup plement (AMENDMENT) (Judy--8th)
Joint Municipal Employees' Retirement System--revise (Ret--8th)
Superior Court Judges--change salary (SUBSTITUTE) (AMEND MENT) (Judy--49th)
Motor Vehicle Certificate of Title--hearing complaints of persons aggrieved (Trns--1st)
Magistrate Court Claims--provisions for transfer (SUBSTITUTE) (J&CL--26th)
Unfair Practices in Consumer Transactions--health spa maintain certain bond (I&L--17th)
Forestry Board--extend termination date (NREQ--20th)
Fortunetelling--counties may punish for ordinance violations (J&CL--8th)
Sumter County--conveyance of property to Board of Commissioners (Pub U--14th)
Nursing Home Recipients of Medical Assistance--private rooms and sitters (Hum R--42nd)
Chiropractic Regulation--provide certain authority for board (Hum R--25th)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

THURSDAY, FEBRUARY 9, 1984

1319

The following general resolution of the Senate, having been lost on February 6 and reconsidered on February 7, was put upon its adoption:

SR 19. By Senator Scott of the 43rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for conditions and limitations whereby a county, municipality, or other political subdivision may incur debt without the necessity of a referendum; to provide for the submission of this amendment for ratification or rejection.

The substitute to SR 19 offered by Senator Scott of the 43rd which was adopted as amended by the amendment offered by Senators Broun of the 46th and Coleman of the 1st on February 6, 1984, was as follows:

A RESOLUTION
Proposing an amendment to the Constitution so as to change the condi tions under which counties and municipalities of this state may incur debt; 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. Section V of Article IX of the Constitution is amended by striking Paragraph I thereof, relating to debt limitations of counties, munici palities, and other political subdivisions, and inserting in its place a new Paragraph I to read as follows:
"Paragraph I. Debt limitations of counties, municipalities, and other political subdivisions, (a) The debt incurred by any county, municipality, or other political subdivision of this state, including but not limited to debt incurred on behalf of any special district, shall never exceed 10 per cent of the assessed value of all taxable property within such county, municipality, or political subdivision.
(b) Except for that debt authorized for counties and municipalities under subparagraph (c) of this Paragraph, no county, municipality, or other political subdivision of this state shall incur any new debt without the assent of a majority of the qualified voters of such county, municipal ity, or political subdivision voting in an election held for that purpose as provided by law.
(c) A county or municipality may incur debt, the aggregate of which debt principal, excluding any debt principal incurred pursuant to subpar agraph (b) of this Paragraph, does not exceed one-half of 1 percent of the assessed value of all taxable property within that county or munici pality only for multiyear lease, purchase, or lease purchase contracts for services or personal property under such other terms and conditions as provided by general law.
(d) Notwithstanding subparagraph (a) of this Paragraph, all local school systems which are authorized by law on June 30, 1983, to incur

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JOURNAL OF THE SENATE

debt in excess of 10 percent of the assessed value of all taxable property therein shall continue to be authorized to incur such debt.
(e) Constitutional amendments continued in force and effect pursu ant to Article XI, Section I, Paragraph IV and valid laws enacted pursu ant to such amendments shall continue to be valid as long as so contin ued, notwithstanding the provisions of this Paragraph, and any power or authority granted by such amendments or laws shall not be limited by the provisions of this Paragraph."
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 change the conditions under which counties and municipalities of this state may incur debt?"

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.

Amend the substitute to SR 19 offered by Senator Scott of the 43rd by striking from Page 2, line 1, the following:
"A",
and inserting in lieu thereof the following:
"Except as provided in this subparagraph, a".
By striking from line 9 of Page 2 the following: "law.",
and inserting in lieu thereof the following:
"law. However, no debt may be incurred under this subparagraph for multiyear lease, purchase, or lease purchase contracts entered into during the last six months of the term of office of the elected chief execu tive, mayor, or chairman of the governing authority of the county or municipality."
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to by substitute as amended.

THURSDAY, FEBRUARY 9, 1984

1321

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coggin Coleman Dean English

Fincher Foster Garner Gillis Greene Harris Harrison Holloway Hudgins Kidd McGill McKenzie

Peevy Perry Reddish Scott of 2nd Scott of 36th Scott of 43rd Tate Timmons Trulock Turner Walker

Those voting in the negative were Senators:

Allgood Burton Coverdell Dawkins Deal Engram

Hill Hine
Howard Huggins Land Lester

Phillips Starr Stumbaugh Thompson Tysinger

Those not voting were Senators:

Barnes Brantley

Horton

Kennedy (presiding)

On the adoption of the resolution, the yeas were 35, nays 17.

The resolution, having failed to receive the requisite two-thirds constitutional ma jority, was lost.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

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JOURNAL OF THE SENATE

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 635. By Representatives Lucas of the 102nd, Marcus of the 26th, Randall of the 101st and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide for a credit for certain payments made to minority subcontractors pursuant to state contracts.

The following general resolution of the Senate, favorably reported by the commit tee, was read the third time and put upon its adoption:

SR 307. By Senators Coverdell of the 40th, Trulock of the 10th and Land of the 16th:

A RESOLUTION
Proposing an amendment to the Constitution so as to prohibit the pay ment of retirement benefits based on involuntary separation from employ ment or from public service to any present or former elected state official as a result of leaving elective office for any reason; to provide for the submis sion of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article HI, Section X of the Constitution is amended by adding immediately following Paragraph V a new Paragraph V-A to read as follows:
"Paragraph V-A. Limitation on involuntary separation benefits for elected state officials. Any other provisions of this Constitution to the contrary notwithstanding, no present or former elected state official who ceases or ceased to hold elective public office for any reason shall receive a retirement benefit based on involuntary separation from employment or from public service as a result of ceasing to hold elective office. The pro visions of any law in conflict with this Paragraph are null and void effec tive January 1, 1985."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to prohibit the payment of retirement benefits based on involuntary sep-

THURSDAY, FEBRUARY 9, 1984

1323

[ ] NO

aration from employment or from public service to any present or former elected state official as a result of leav ing elective office for any reason?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following Certifications, as required by law, were read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Loyce Turner, Chairman

Senate Retirement Committee

FROM: William M. Nixon, State Auditor

DATE:

February 2, 1984

SUBJECT: Senate Resolution 307 (LC 7 5569) Retirement Benefits Based on Involuntary Separation

This Resolution proposes an amendment to the Constitution of Georgia
regarding retirement benefits for elected state officials who are involuntarily separated. The amendment would prohibit present and former elected state officials who cease to hold elective public office for any reason from receiv ing a retirement benefit based on involuntary separation from employment
or from public service as a result of ceasing to hold elective office. This proposed amendment would require ratification by vote to become a part of the Constitution of Georgia.

This is to certify that, according to the actuary, this is not a retirement bill under the provisions of House Bill 219 (1983 Session).

/s/ W. M. Nixon State Auditor

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JOURNAL OF THE SENATE

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Paul Coverdell, State Senator

The Honorable Paul Trulock, State Senator

The Honorable Ted Land, State Senator

FROM: William M. Nixon, State Auditor

DATE:

February 8, 1984

SUBJECT: Senate Resolution 307 (LC 7 5569) Retirement Benefits Based on Involuntary Separation

This Resolution proposes an amendment to the Constitution of Georgia regarding retirement benefits for elected state officials who are involuntarily
separated. The amendment would prohibit present and former elected state officials who cease to hold elective public office for any reason from receiv ing a retirement benefit based on involuntary separation from employment or from public service as a result of ceasing to hold elective office. This
proposed amendment would require ratification by vote to become a part of the Constitution of Georgia.

This is to certify that this is not a retirement bill under the provisions of House Bill 219 (1983 Session).

/s/ W. M. Nixon State Auditor

Senator Coverdell of the 40th offered the following substitute to SR 307:
A RESOLUTION
Proposing an amendment to the Constitution so as to prohibit the pay ment of retirement benefits based on involuntary separation from employ ment to any present or former Governor of the State of Georgia as a result of ceasing to hold office as Governor for any reason; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section X of the Constitution is amended by adding immediately following Paragraph V a new Paragraph V-A to read as follows:
"Paragraph V-A. Limitation on involuntary separation benefits for Governor of the State of Georgia. Any other provisions of this Constitu-

THURSDAY, FEBRUARY 9, 1984

1325

tion to the contrary notwithstanding, no present or former Governor of the State of Georgia who ceases or ceased to hold office as Governor for any reason shall receive a retirement benefit based on involuntary separa tion from employment as a result of ceasing to hold office as Governor. The provisions of any law in conflict with this Paragraph are null and void effective January 1, 1985."
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 prohibit the
payment of retirement benefits based on involuntary separation from employment to any present or former Gov ernor of the State of Georgia as a result of ceasing to hold office as Governor for any reason?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Paul Coverdell

State Senator

FROM: William M. Nixon, State Auditor

DATE:

February 8, 1984

SUBJECT: Substitute to Senate Resolution 307 (LC 7 5677S) Retirement Benefits Based on Involuntary Separation

This Substitute Resolution proposes an amendment to the Constitution of Georgia regarding retirement benefits for Governors of the State of Geor gia based on involuntary separation. The amendment would prohibit present and former Governors of Georgia from receiving a retirement benefit based on involuntary separation from employment as a result of ceasing to hold office as Governor for any reason. This proposed amendment would require ratification by vote to become a part of the Constitution of Georgia.

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JOURNAL OF THE SENATE

This is to certify that this is not a retirement bill under the provision of House Bill 219 (1983 Session).
/s/ W. M. Nixon State Auditor

Senators Holloway of the 12th and Coverdell of the 40th offered the following amendment:
Amend the substitute to SR 307 offered by Senator Coverdell of the 40th as follows:
On line 15, Page 1 after the word "former" add the words "or future"
and on line 17, Page 1 after the word "reason" add the words "except medical disability"
and in line 5, Page 1 eliminating the words after "Governor" "for any reason"
and in line 7, Page 2 eliminating the words after "Governor" "for any reason".

Senator Coverdell of the 40th asked unanimous consent to withdraw the substitute to SR 307 offered by Senator Coverdell of the 40th and the amendment offered by
Senators Holloway of the 12th and Coverdell of the 40th. The consent was granted, and the substitute and amendment were withdrawn.

Senators Barker of the 18th, Cobb of the 28th and Land of the 16th offered the following amendment:
Amend SR 307 as follows:
By striking all language appearing after the words "A RESOLU TION" and substituting in lieu of such stricken language the following:
"Proposing an amendment to the Constitution to prohibit the pay ment of retirement benefits based on involuntary separation from em ployment; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section X of the Constitution is amended by adding at the end thereof a new Paragraph VI to read as follows:
'Paragraph VI. Involuntary separation benefits abolished. On and after January 1, 1985, no state official, elective or appointive, or state

THURSDAY, FEBRUARY 9, 1984

1327

employee shall be paid any retirement or pension benefit pursuant to any public retirement or pension system based on such official's or employee's being involuntarily separated from office or employment. The provisions of any law in conflict with this Paragraph are null and void effective January 1, 1985.'

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 prohibit the payment of any retirement or pension benefit to any state official or employee based on involuntary separation from office or employment?'

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote 'Yes.' All persons desiring to vote against ratifying the pro posed amendment shall vote 'No.'

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state."

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Ed Barker, State Senator

The Honorable Kyle Cobb, State Senator

The Honorable Ted Land, State Senator

FROM: William M. Nixon, State Auditor

DATE:

February 8, 1984

SUBJECT: Senate Resolution 307 as Amended (LC 7 5569) (AM 7 0018) Retirement Benefits Based on Involuntary Separation

This Amended Resolution proposes an amendment to the Constitution of Georgia regarding retirement benefits for elected or appointed state offi cials and state employees who are involuntarily separated. The amendment would prohibit such persons from receiving any retirement or pension benefit
under any public retirement or pension system based on such official's or employee's being involuntarily separated from office or employment on and

1328

JOURNAL OF THE SENATE

after January 1, 1985. This proposed amendment would require ratification by vote to become a part of the Constitution of Georgia.
This is to certify that this is not a retirement bill under the provisions of House Bill 219 (1983 Session).
/s/ W. M. Nixon State Auditor

Senator Barker of the 18th asked unanimous consent to withdraw the amendment offered by Senators Barker of the 18th, Cobb of the 28th and Land of the 16th. The consent was granted, and the amendment was withdrawn.

The Senate Committee on Retirement offered the following amendment:
Amend SR 307 by striking on Page 1, on lines 4, 15 and 16, and again on Page 2, lines 5 and 6, the following:
"elected state official",
and inserting in lieu thereof the following:
"elected constitutional state officer";
and
By striking on Page 1, line 13, the words "elected state officials" and inserting in lieu thereof the following:
"elected constitutional state officers".

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Loyce Turner, Chairman

Senate Retirement Committee

FROM: William M. Nixon, State Auditor

DATE:

February 9, 1984

SUBJECT: Senate Resolution 307 as Amended (LC 7 5569) (LC 7 0023AM) Limitation on Involuntary Separation Benefits for Elected Constitutional State Officers

THURSDAY, FEBRUARY 9, 1984

1329

This Amended Substitute Resolution proposes an amendment to the Constitution of Georgia regarding retirement benefits for elected constitu tional state officers based on involuntary separation. The amendment would prohibit present and former elected constitutional state officers from receiv ing a retirement benefit based on involuntary separation from employment or public service as a result of ceasing to hold elective office. This proposed amendment would require ratification by vote to become a part of the Con stitution of Georgia.
This is to certify that this is not a retirement bill under the provision of House Bill 219 (1983 Session).
/s/ W. M. Nixon State Auditor

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

Senator Coverdell of the 40th offered the following substitute to SR 307:

A RESOLUTION
Proposing an amendment to the Constitution so as to prohibit the pay ment of retirement benefits based on involuntary separation from employ ment to any past, present, or future Governor of the State of Georgia as a result of ceasing to hold office as Governor for any reason, except for medi cal disability; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section X of the Constitution is amended by adding immediately following Paragraph V a new Paragraph V-A to read as follows:
"Paragraph V-A. Limitation on involuntary separation benefits for Governor of the State of Georgia. Any other provisions of this Constitu tion to the contrary notwithstanding, no past, present, or future Governor of the State of Georgia who ceases or ceased to hold office as Governor for any reason, except for medical disability, shall receive a retirement benefit based on involuntary separation from employment as a result of ceasing to hold office as Governor. The provisions of any law in conflict with this Paragraph are null and void effective January 1, 1985."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to prohibit the

1330

JOURNAL OF THE SENATE

[ ] NO

payment of retirement benefits based on involuntary separation from employment to any past, present, or future Governor of the State of Georgia as a result of ceasing to hold office as Governor for any reason, except for medi cal disability?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Paul Coverdell

State Senator

FROM: William M. Nixon, State Auditor

DATE:

February 9, 1984

SUBJECT: Substitute to Senate Resolution 307 (LC 7 5688S) Limitation on Involuntary Separation Benefits for Governors of the State of Georgia

This Substitute Resolution proposes an amendment to the Constitution of Georgia relating to involuntary separation benefits for Governors of the State of Georgia. The amendment would prohibit past, present, and future Governors of Georgia who cease to hold office as Governor for any reason
except for medical disability from receiving a retirement benefit based on involuntary separation as a result of ceasing to hold such office. This pro
posed amendment would require ratification by vote to become a part of the Constitution of Georgia.

This is to certify that this Resolution is not a retirement bill pursuant to House Bill 219 (1983 Session).

/s/ W. M. Nixon State Auditor

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.

THURSDAY, FEBRUARY 9, 1984

1331

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to by substitute.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon 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 Kidd Land Lester McGill

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Bryant.

Those not voting were Senators:

Brantley

Fincher

Kennedy (presiding)

On the adoption of the resolution, the yeas were 52, nays 1.

The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.

Senator Dean of the 31st introduced the doctor of the day, Dr. John Atha, of Rockmart, Georgia.

1332

JOURNAL OF THE SENATE

The following bill of the House was read the first time and referred to committee:

HB 635. By Representatives Lucas of the 102nd, Marcus of the 26th, Randall of the 101st and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide for a credit for certain payments made to minority subcontractors pursuant to state contracts.
Referred to Committee on Banking and Finance.
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 366. By Senator Hill of the 29th:
A resolution consenting to the annexation of certain state owned real prop erty located in Harris County into the corporate limits of the City of West Point.
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 Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal Dean

English Engram Foster Garner Gillis Greene Harris Harrison Hill Hine Horton Howard Hudgins Huggins Kidd Land

Lester McKenzie Peevy Perry Scott of 2nd Scott of 36th Scott of 43rd * Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

THURSDAY, FEBRUARY 9, 1984

1333

Those not voting were Senators:

Brantley Dawkins Fincher

Holloway Kennedy (presiding) McGill

Phillips Reddish

On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The President resumed the Chair.

HB 272. By Representative Cheeks of the 89th:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to change a definition.
Senate Sponsor: Senator Timmons of the llth.
The Senate Committee on Retirement offered the following substitute to HB 272:
A BILL
To be entitled an Act to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to provide for the claiming of credit for prior service; to provide for payment for such prior service; to provide for rules for applying said prior service toward retirement; 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 17 of Title 47 of the Official Code of Georgia An notated, relating to the Peace Officers' Annuity and Benefit Fund, is amended by adding at the end of Code Section 47-17-44, relating to pay ment of membership dues and credit for certain service, a new subsection (c) to read as follows:
"(c) If a member who is a member of the fund on April 1, 1984, chooses to avail himself of the provisions of subsection (a) of Code Sec tion 47-17-70, such member shall tender no later than July 1, 1984, an amount equal to the dues at the rate of $10.00 per month plus 8 percent interest per annum compounded annually from the date the prior service was rendered to the date of payment to the board for all years claimed as prior service. After April 1, 1984, new applicants for membership in the fund must tender said sum at the time of their initial application."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 47-17-70, relating to prior service credit, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

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"(a) No peace officer who first makes application for membership in the fund on or after May 1, 1968, shall be given credit for any prior service, and such peace officer shall receive credit only from the date he becomes a member of the fund; provided, however, a member may claim a maximum of five years for service as a peace officer prior to such mem ber joining the fund if such member complies with subsection (c) of Code Section 47-17-44 and remains an active member of the fund for a period of time at least equal to the number of years claimed for prior service."
Section 3. This Act shall become effective on April 1, 1984.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Loyce Turner, Chairman

Senate Retirement Committee

FROM: W. M. Nixon, State Auditor

DATE:

January 18, 1984

SUBJECT: House Bill 272 Substitute (LC 3 1876S) Peace Officers' Annuity and Benefit Fund

This Bill would allow any member of the Fund on April 1, 1984 to claim up to five years of prior service which has not been credited to him. The member would have to claim the prior service before July 1, 1984. Any new applicant could claim up to five years of prior service at the time of joining only. Payment for any prior service claim would have to be made in a lump sum in the amount of $10 per month for each month so claimed with interest at 8% compounded annually. Any person claiming prior service under this provision would have to remain an active member for at least the number of years of prior service so claimed before such time could be used for benefits calculations.

This is to certify that this is a retirement bill having a fiscal impact.

/s/ W. M. Nixon State Auditor

THURSDAX, FEBRUARY 9, 1984

1335

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Loyce Turner, Chairman

Senate Retirement Committee

FROM:

W. M. Nixon, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

January 24, 1984

SUBJECT: Fiscal Note--Substitute to House Bill 272 (LC 3 1876S) Peace Officers' Annuity and Benefit Fund

This Bill would allow members of the Fund to claim a maximum of five years for service as a peace officer prior to membership in the Fund. To obtain credit for such prior service, the member must pay an amount equal to the $10 per month dues for all years claimed as prior service plus 8% interest compounded annually from the date the prior service was rendered to the date of payment. The member must also remain an active member of the Fund for at least the number of years claimed for prior service. Persons who are members on April 1, 1984 must pay the Board by July 1, 1984. Persons applying for Fund membership after April 1, 1984 must pay at the time of their initial application.

The actuary for the Peace Officers' Annuity and Benefit Fund has stated that the fiscal impact of this Bill is $1,672,000 and that the Fund will remain in an actuarially sound funding position with the changes provided for by this Substitute to House Bill 272 provided that court fines and mem ber contributions which support the Fund remain at their current level. The expected level of annual contributions from court fines and member dues is $5,574,000, including additional dues required by this legislation, and is considered to be adequate to support the cost of this Bill. Total annual pen sion expense would increase from $3,720,000 to $5,392,000.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

Senator Trulock of the 10th offered the following amendment:
Amend the substitute to HB 272 offered by the Senate Committee on Retirement by striking the period and quotation mark at the end of line 15 of Page 2 and inserting in lieu thereof the following:
"; provided, further, that no prior service may be granted pursuant

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to the preceding proviso for any year which the member has used as credit for service in any other state or local retirement system.'"

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 314 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Paul Trulock

Senator, District 10

FROM: W. M. Nixon, State Auditor

DATE:

February 3, 1984

SUBJECT: Amended Substitute to House Bill 272 (LC 3 1876S) (AM 3 0098) Peace Officers' Annuity and Benefit Fund

The Amended Substitute version of this Bill would allow members of the Fund to claim a maximum of five years for service as a peace officer prior to membership in the Fund. To obtain credit for such prior service, the member must pay an amount equal to the $10 per month dues for all years claimed as prior service plus 8% interest compounded annually from the date the prior service was rendered to the date of payment. The member must also remain an active member of the Fund for at least the number of years claimed for prior service and may not be granted prior service for any year which the member has used as credit in any other state or local retire ment systems. Persons who are members on April 1, 1984 must pay the Board by July 1, 1984. Persons applying for Fund membership after April 1, 1984 must pay at the time of their initial application.
This is to certify that this is an amendment having a fiscal impact.

/s/ W. M. Nixon State Auditor

On the adoption of the amendment, Senator Trulock of the 10th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Brantley

Burton Coverdell Dawkins Deal

Engram Foster Garner Hine

THURSDAY, FEBRUARY 9, 1984

1337

Howard Land

Phillips Stumbaugh

Trulock Tysinger

Those voting in the negative were Senators:

Allgood Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coggin Coleman Dean English Gillis

Greene Harrison Hill Holloway Hudgins Huggins Kennedy Kidd Lester McGill McKenzie Peevy

Perry Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr
Thompson Timmons Turner Walker

Those not voting were Senators:

Fincher

Harris

Horton

On the adoption of the amendment, the yeas were 18, nays 35, and the amend ment was lost.

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coggin Coleman Dean

English Foster Garner Gillis Greene Harrison Hill Holloway Hudgins Huggins Kennedy

Kidd Lester McGill McKenzie Peevy Perry Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr

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JOURNAL OF THE SENATE

Tate Thompson

Timmons Turner

Those voting in the negative were Senators:

Barker Brantley
Burton Coverdell Dawkins

Deal Engram
Mine Howard Land

Walker
Phillips Stumbaugh Trulock Tysinger

Those not voting were Senators:

Fincher

Harris

Horton

On the passage of the bill, the yeas were 39, nays 14.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 871. By Representatives Birdsong of the 104th, Moore of the 139th and Crosby of the 150th:
A bill to amend Code Section 36-81-7 of the Official Code of Georgia Anno tated, relating to requirements for local government audits, so as to provide for review of audit reports by the state auditor for compliance with audit requirements.
Senate Sponsor: Senator McKenzie of the 14th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant

Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram

Foster Garner Gillis Greene Harris Harrison Hine Holloway Hudgins Huggins

THURSDAY, FEBRUARY 9, 1984

1339

Kennedy Kidd Land Lester McGill McKenzie Peevy

Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr

Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Fincher Hill

Horton Howard

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 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 1169. By Representative Williams of the 6th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxes, so as to provide for certain changes car ried out by the Constitution of the State of Georgia ratified in 1982.

HB 1326. By Representatives Workman of the 51st, Pinkston of the 100th, Alford of the 57th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide managerial control by the state over the acquisition of professional services provided by architects, professional engineers, landscape architects, and land surveyors.

HB 1166. By Representatives Walker of the 85th, Barnes of the 90th, Cheeks of the 89th and others:
A bill to amend Code Section 48-5-52 of the Official Code of Georgia Anno tated, relating to exemption from ad valorem taxation for educational pur poses of homesteads of qualified individuals 62 years of age or over, so as to provide that, after the owner of a homestead has filed an affidavit and has been allowed the exemption, it shall not be necessary to make application

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JOURNAL OF THE SENATE

and file thereafter for any year and the exemption shall continue to be al lowed to such owner.

HB 1172. By Representatives Bishop of the 94th and Bray of the 91st:
A bill to amend Code Section 21-2-218 of the Official Code of Georgia An notated, relating to the main office of the board of registrars and other des ignated locations, so as to provide that the State Election Board shall adopt rules and regulations governing the selection of voter registration places.

The following bills of the House were read the first time and referred to committees:

HB 1166. By Representatives Walker of the 85th, Barnes of the 90th, Cheeks of the 89th and others:
A bill to amend Code Section 48-5-52 of the Official Code of Georgia Anno tated, relating to exemption from ad valorem taxation for educational pur poses of homesteads of qualified individuals 62 years of age or over, so as to provide that, after the owner of a homestead has filed an affidavit and has been allowed the exemption, it shall not be necessary to make application and file thereafter for any year and the exemption shall continue to be al lowed to such owner.
Referred to Committee on Banking and Finance.

HB 1169. By Representative Williams of the 6th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxes, so as to provide for certain changes car ried out by the Constitution of the State of Georgia ratified in 1982.
Referred to Committee on Banking and Finance.

HB 1172. By Representatives Bishop of the 94th and Bray of the 91st:
A bill to amend Code Section 21-2-218 of the Official Code of Georgia An notated, relating to the main office of the board of registrars and other des ignated locations, so as to provide that the State Election Board shall adopt rules and regulations governing the selection of voter registration places.
Referred to Committee on Governmental Operations.

HB 1326. By Representatives Workman of the 51st, Pinkston of the 100th, Alford of the 57th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide managerial control by the state over the acquisition of professional services provided by architects, professional engineers, landscape architects, and land surveyors.
Referred to Committee on Industry and Labor.

THURSDAY, FEBRUARY 9, 1984

1341

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 883. By Representative Russell of the 64th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedures, so as to provide that state agencies shall reduce the economic impact of proposed rules on small busi ness by taking certain actions prior to adoption of rules.
Senate Sponsor: Senator 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:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Fincher Hill

Horton

Timmons

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

HB 907. By Representatives Isakson of the 21st and Adams of the 36th:
A bill to amend Code Section 50-8-2 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Department of Community Affairs, generally, so as to provide for an advisory committee to the Depart ment of Community Affairs.
Senate Sponsor: Senator McKenzie of the 14th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land Lester

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Engram Fincher

Horton

McGill

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 948. By Representatives Buck of the 95th and Hirsch of the 96th:
A bill to amend Code Section 45-17-31 of the Official Code of Georgia An notated, relating to persons for whom commissioned officers may perform

THURSDAY, FEBRUARY 9, 1984

1343

notarial acts, so as to authorize commissioned officers to perform notarial acts for the spouse, dependent child, or dependent of certain persons.
Senate Sponsors: Senators Land of the 16th and 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
Broun oyrf A46t^h Brown of 47th BBuryrtaonnt Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis
SHraemensC Harrison HHiilnle Holloway Howard Kennedy Kidd Land Lester

McGill McKenzie Peevy Phillips Reddish Scott of 2nd
Scct". oef 3.,6, thA Scott of 43rd Sttuamrrb. augh, Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Fincher Horton

Hudgins Huggins

Perry Tate

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 989. By Representatives Crosby of the 150th, Phillips of the 120th, Burruss of the 20th and Hooks of the 116th:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia An notated, relating to preferential ad valorem tax assessment of tangible real property devoted to agricultural purposes, so as to require that property which is subject to preferential assessment be separately classified from all other property on the tax digest.
Senate Sponsor: Senator Gillis of the 20th.

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The Senate Committee on Banking and Finance offered the following amendment:

Amend HB 989 by striking line 27 on Page 1 in its entirety and substi tuting in lieu thereof the following:
"is used for single-family residential purposes and the residence is occupied by a person who is".

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

Senators McKenzie of the 14th and Gillis of the 20th offered the following amendment:

Amend HB 989 by adding after the semicolon on line 13 of Page 1 the following:
"to provide that a reduced penalty shall apply where a covenant is breached solely as the result of the foreclosure of a deed to serve debt executed as a part of a bona fide commercial loan transaction;".
By striking from line 21 of Page 1 the following:
"and (p)",
and inserting in lieu thereof the following:
"(p), and (q)".
By striking the quotation mark on line 33 of Page 2 and adding imme diately thereafter the following:
"(q) (1) In any case in which a covenant is breached solely as a result of the foreclosure of a deed to secure debt, the penalty specified by paragraph (2) of this subsection shall apply and the penalty specified by subsection (g) of this Code section shall not apply if:
(A) The deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed to secure debt received consideration equal in value to the principal amount of the debt secured by the deed to secure debt;
(B) The loan was made by a person or financial institution who or which is regularly engaged in the business of making loans; and
(C) The deed to secure debt was intended by the parties as security for the loan and was not intended for the purpose of carrying out a trans fer which would otherwise be subject to the penalty specified by subsec tion (g) of this Code section.

THURSDAY, FEBRUARY 9, 1984

1345

(2) When a breach occurs solely as a result of a foreclosure which meets the qualifications of paragraph (1) of this subsection, the penalty imposed shall be the total amount by which preferential assessment has reduced taxes otherwise due during the period of the covenant.
(3) A penalty imposed under this subsection shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached.'"

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 as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Howard Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Engram Fincher

Horton Hudgins

Scott of 2nd Timmons

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

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HB 998. By Representatives Thomas of the 69th, Johnson of the 70th, Childs of the 53rd and others:
A bill to amend Code Section 16-6-4 of the Official Code of Georgia Anno tated, relating to the offense of child molestation, so as to provide that when child molestation involves physical injury to the child or an act of sodomy it shall constitute the offense of aggravated child molestation.
Senate Sponsor: Senator Garner of the 30th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen 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 Howard Kennedy Kidd Land

Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Trulock Turner Tysinger Walker

Those not voting were Senators:

Bryant Fincher Horton

Hudgins Huggins Stumbaugh

Thompson Timmons

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1036. By Representative Buck of the 95th:
A bill to amend Code Section 33-34-3 of the Official Code of Georgia Anno tated, relating to subrogation under the "Georgia Motor Vehicle Accident

THURSDAY, FEBRUARY 9, 1984

1347

Reparations Act," so as to provide that the prohibition against subrogation of certain benefits mandated by the Act shall not include subrogation relat ing to compensation without regard to fault for damage to the insured motor vehicle.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Insurance offered the following substitute to HB 1036:

A BILL
To be entitled an Act to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to subrogation under the "Georgia Motor Vehicle Accident Reparations Act," so as to provide that the prohibi tion against subrogation of certain benefits mandated by the Act shall not include subrogation relating to compensation without regard to fault for damage to the insured motor vehicle; 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 33-34-3 of the Official Code of Georgia An notated, relating to subrogation under the "Georgia Motor Vehicle Accident Reparations Act," is amended by striking in its entirety paragraph (1) of subsection (d) of said Code section and inserting in lieu thereof a new para graph (1) to read as follows:
"(1) Insurers and self-insurers providing benefits without regard to fault described in Code Sections 33-34-4 and 33-34-5 shall not be subrogated to the rights of the person for whom benefits are provided except:
(A) In those motor vehicle accidents involving two or more vehicles, at least one of which is a motor vehicle weighing more than 6,500 pounds unloaded; or
(B) Benefits provided for coverage described in paragraph (3) of subsection (a) of Code Section 33-34-5.
The right of recovery and the amount of recovery shall be determined on the basis of tort law between the insurers or self-insurers involved. Ex penses incurred in exercising the rights of subrogation under this Code section shall be at the sole expense of the insurers and self-insurers in volved. If the responsible tort-feasor is uninsured and is not a self-insurer, the insurer or self-insurer providing benefits shall have a right of action to the extent of benefits provided against such tort-feasor only in the event that the person for whom benefits are provided has been completely compensated for all economic and noneconomic losses incurred as a re sult of the motor vehicle accident."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean Engram Foster Garner Greene Harris Harrison Hill Hine Howard Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 36th Scott of 43rd Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

English Fincher
Gillis

Holloway Horton

Scott of 2nd Thompson

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

THURSDAY, FEBRUARY 9, 1984

1349

HB 1042. By Representative Parham of the 105th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to delete from and add to the listing of certain controlled substances.
Senate Sponsors: Senators Fincher of the 54th and Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton
Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis Harris Hill Hine Howard Hudgins Huggins Kennedy Kidd Land

Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 36th Scott of 43rd Stumbaugh Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Fincher Greene Harrison

Holloway Horton Scott of 2nd

Starr Tate Thompson

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1106. By Representatives Patten of the 149th, Beck of the 148th, Long of the 142nd and others:
A bill to amend an Act providing for a supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit, so as to

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increase the supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit and to provide for the payment of such supplement in specified amounts by the counties comprising the South ern Judicial Circuit.
Senate Sponsor: Senator Turner of the 8th.

Senators Trulock of the 10th, Turner of the 8th and Bowen of the 13th offered the following amendment:

Amend HB 1106 by striking from lines 11 through 14 of Page 1 the following:
"to provide supplements to the retirement benefits received by cer tain former superior court judges of the Southern Judicial Circuit, or their widows;".
By striking Section 2 in its entirety and renumbering Section 3 as Sec tion 2.

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, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis Harris Hill Hine Holloway Hudgins Muggins Kennedy Kidd Land Lester McGill

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

THURSDAY, FEBRUARY 9, 1984

1351

Those not voting were Senators:

Fincher Greene

Harrison Horton

Howard Timmons

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has agreed to the Senate amendment, as amended, to the following resolution of the House:

HR 544. By Representative Bray of the 91st:
A resolution authorizing the conveyance of certain state owned real property located in Meriwether County, Georgia, in order to settle certain boundary discrepancies.

The House has disagreed to the Senate substitute to the following bill of the House:

HB 884. By Representatives Adams of the 16th, Childers and McKelvey of the 15th and others:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to licensing of auctioneers, so as to make it unlawful for a licensed auctioneer to engage in the practice of auctioning real property un less such auctioneer is licensed as a real estate broker, associate broker, or salesperson.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1144. By Representative Johnson of the 72nd:
A bill to amend Chapter 5 of Title 47 of the Official Code of Georgia Anno tated, relating to the Joint Municipal Employees Retirement System, so as

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JOURNAL OF THE SENATE

to comprehensively revise the Joint Municipal Employees Retirement System.
Senate Sponsor: Senator Turner of the 8th.

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM: W. M. Nixon, State Auditor

DATE:

January 17, 1984

SUBJECT: House Bill 1144 (LC 7 5538) Joint Municipal Employees' Retirement System

This Bill would reorganize the structure of the Board of Trustees of the Joint Municipal Employees' Retirement System and redefines powers of the Board. It would also allow municipalities and other public bodies to contract
with the Board to establish retirement systems and other employee benefit programs.

This is to certify that this is a nonfiscal retirement bill to the pension system.

/s/ W. M. Nixon State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Foster

THURSDAY, FEBRUARY 9, 1984

1353

Garner Gillis Harris Hill Hine Holloway Howard Hudgins Huggins Kennedy

Kidd Land Lester McGill
McKenzie Peevy Perry
Phillips Reddish Scott of 2nd

Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Fincher Greene

Harrison Horton

Starr Timmons

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 12:45 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Friday, February 10, 1984 Thirty-first Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1495. By Representatives Jackson of the 83rd and Evans of the 84th:
A bill to amend an Act placing the clerk of the Superior Court, the sheriff, and the tax commissioner of Columbia County on a salary basis, so as to change the compensation of the tax commissioner.

HB 1496. By Representatives Jackson of the 83rd and Evans of the 84th:
A bill to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Columbia County School District who is 62 years of age or over and who does not have an income from all sources exceeding $12,000.00 per annum, shall be exempt from all ad valorem taxa tion for educational purposes levied for and in behalf of such school system.

HB 1497. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to amend an Act incorporating the Town of Stapleton, so as to change the name of the Town of Stapleton to the "City of Stapleton".

HB 1498. By Representative Ramsey of the 3rd:
A bill to amend an Act providing a new charter for the City of Chatsworth, so as to provide for a Recorder's Court of the City of Chatsworth.

FRIDAY, FEBRUARY 10, 1984

1355

HB 1499. By Representative Ramsey of the 3rd: A bill to create the board of elections of Murray County.

HB 1500. By Representatives Alford of the 57th, Lawrence of the 49th, Childs of the 53rd and others:
A bill to amend an Act creating the State Court of DeKalb County, so as to provide for the appointment of an additional assistant solicitor of said court.

HB 1501. By Representative Ware of the 77th: A bill to create the Franklin-Heard County Water Authority.

HB 1502. By Representative Copelan of the 106th:
A bill to amend an Act creating the board of commissioners of Greene County, so as to change the provisions relating to the election of members of the board of commissioners.

HB 1503. By Representative Copelan of the 106th:
A bill to provide that the judge of the Probate Court of Greene County shall serve as the chief magistrate of the Magistrate Court of Greene County.

HB 1504. By Representative Copelan of the 106th:
A bill to amend an Act placing certain county officers of Greene County upon an annual salary, so as to change the compensation provisions relating to the clerical help of the clerk of the Superior Court and the judge of the Probate Court of Greene County.

HB 1505. By Representative Copelan of the 106th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Greene County into the one office of tax commissioner, so as to change the compensation provisions relating to the clerical help of the tax commissioner.

HB 1511. By Representative Phillips of the 93rd:
A bill to amend an Act entitled "A bill to be entitled an Act to provide for the Board of Education of Harris County; to provide for the election of cer tain members of the board," so as to provide for the Board of Education of Harris County.

HB 1516. By Representative Moore of the 139th:
A bill to amend an Act creating a board of education for Coffee County, so as to change the compensation of the members of the board of education.

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HB 1517. By Representative Yeargin of the 14th:
A bill to consolidate the offices of tax receiver and tax collector of Oglethorpe County into the office of tax commissioner of Oglethorpe County.

HB 1533. By Representatives Bailey, Lee, Benefield and others of the 72nd:
A bill to amend an Act creating the State Court of Clayton County, so as to enumerate certain responsibilities of the clerk and deputy clerks.

HB 1534. By Representatives Bailey, Lee, Benefield, and others of the 72nd:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relative to the compensation of the tax commissioner.

HB 1535. By Representatives Bailey, Lee, Benefield and others of the 72nd:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers.

HB 1536. By Representatives Bailey, Lee, Benefield and others of the 72nd:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.

HB 1537. By Representatives Bailey, Lee, Benefield and others of the 72nd:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement.

HB 1538. By Representatives Bailey, Lee, Benefield and others of the 72nd:
A bill to amend an Act creating the State Court of Clayton County, so as to increase the salary of the solicitor of said court.

HB 1539. By Representatives Bailey, Lee, Benefield and others of the 72nd:
A bill to amend an Act creating the State Court of Clayton County, so as to change the provisions relating to the compensation of the judges of said court.

HB 1540. By Representatives Bailey, Lee, Benefield and others of the 72nd:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges.

FRIDAY, FEBRUARY 10, 1984

1357

HB 1541. By Representatives Bailey, Lee, Benefield and others of the 72nd:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the provisions relative to the compensation of the chairman.

HB 1213. By Representatives Steinberg of the 46th, Chambless of the 133rd, Karrh of the 109th and others:
A bill to amend Code Section 19-13-4 of the Official Code of Georgia Anno tated, relating to orders and agreements for the prevention of family vio lence, so as to provide that a copy of any such order shall be issued by the clerk of superior court to each person identified in the petition as being in danger of family violence.

HB 1216. By Representative Coleman of the 118th:
A bill to amend Code Section 31-7-74 of the Official Code of Georgia Anno tated, relating to requirements, rules, regulations, and compensation of members of local hospital authorities, so as to provide that members shall be entitled to receive compensation for their services, either as members or as employees of the authority, in an amount not to exceed $100.00 per meeting and the total amount not to exceed $100.00 per month.

HB 1211. By Representatives Matthews of the 145th and Royal of the 144th:
A bill to amend Code Section 28-2-1, relating to apportionment of the House of Representatives and qualifications of its members, so as to change the composition of certain state representative districts.

HB 1220. By Representatives Ware of the 77th and Colbert of the 23rd:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to require a person convicted of certain violations to obtain a policy of motor vehicle insurance initially issued for a period of not less than one year and containing the required minimum coverage.

HB 1206. By Representatives Chance of the 129th, Crosby of the 150th, Dover of the llth 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 that for the pur poses of levying, collecting, distributing, and applying the proceeds of local insurance taxes the population of certain inactive municipal corporations shall be treated as population of the unincorporated area of the county or counties in which the municipal corporation is located.

HB 1278. By Representatives Wilder, Atkins, Johnson and Aiken of the 21st:
A bill to amend Code Section 40-5-100 of the Official Code of Georgia An notated, relating to identification cards, so as to provide that the card may

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be issued under a passport number for certain persons in lieu of social secur ity number.

HB 1168. By Representatives Walker of the 115th, Benefield of the 72nd and Connell of the 87th:
A bill to amend Code Section 49-10-2 of the Official Code of Georgia Anno tated, relating to the Joint Board of Family Practice, so as to provide for the membership of the board and for their terms of office.

HB 1165. By Representatives Porter of the 119th and Jackson of the 9th:
A bill to amend Code Section 43-48-3 of the Official Code of Georgia Anno tated, relating to the composition of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers, so as to change the composition of the board.

HB 1159. By Representative Childs of the 53rd:
A bill to amend Code Section 21-2-217 of the Official Code of Georgia An notated, relating to the form of registration cards, and to amend Code Sec tion 21-3-121 of the Official Code of Georgia Annotated, relating to the registration of voters by municipalities, so as to provide that voters only be required to complete one registration card.

HB 1346. By Representatives Phillips of the 120th, Long of the 142nd and Lupton of the 25th:
A bill to amend Code Section 12-5-179 of the Official Code of Georgia An notated, relating to permits for operation of water systems under the "Geor gia Safe Drinking Water Act of 1977", so as to provide for a performance bond or irrevocable letter of credit for certain public water systems.

HB 1077. By Representatives Lawler, Burruss and Thompson of the 20th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require the submission of a financial statement when a pauper's affidavit is filed in lieu of payment of a candidate's qualifying fee.

HB 1187. By Representative Heard of the 43rd:
A bill to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax collectors, so as to pro vide for the time at which tax collectors and tax commissioners are required to pay collected county taxes to the proper county officials.

HB 1356. By Representative McDonald of the 12th:
A bill to amend Article 5 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to operation of unregistered motor trucks, so as to change fee provisions contained therein.

FRIDAY, FEBRUARY 10, 1984

1359

The House has adopted by the requisite constitutional majority the following reso lutions of the House:
HR 745. By Representatives Alford of the 57th, Waddle of the 113th, Dobbs of the 74th and Heard of the 43rd:
A resolution commending Louis A. Bacon.
HR 572. By Representatives Dunn of the 73rd and Jones of the 78th:
A resolution authorizing the conveyance of certain state owned real property located in Henry County, to the Board of Regents of the University System of Georgia for use by the Agricultural Extension Service as an environmen tal classroom; repealing a resolution approved March 21, 1980 which au thorized the sale of said real property by and through the State Properties Commission.
HR 248. By Representative Logan of the 67th:
A resolution creating the Structure of Financial Institutions Study Committee.
HR 645. By Representatives Wilson, Cooper, and Thompson of the 20th and others:
A resolution authorizing and directing the conveyance of certain real prop erty located in Cobb County, Georgia, from the State Department of Trans portation to the Board of Regents of the University System of Georgia.
HR 710. By Representatives McKinney of the 35th, Burruss of the 20th, Murphy of the 18th and others:
A resolution designating the expansion of the Geo. L. Smith II Georgia World Congress Center as the "Sidney J. Marcus Annex to the Georgia World Congress Center."

The House has agreed to the Senate substitute to the following bills of the House:
HB 594. By Representative Lambert of the 66th:
A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding landlord and tenant, so as to provide for the preemption by the state of the power to control the amount of rent to be charged for single-family or multiple-unit residential property.
HB 1089. By Representatives Colwell of the 4th and Hays of the 1st:
A bill to amend Code Section 44-12-199 of the Official Code of Georgia Annotated, relating to the presumption of abandonment of property, so as to provide for the presumptive abandonment of tangible personal property of

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persons under the custody and control of the Georgia Department of Of fender Rehabilitation after one year and to provide for the sale thereof.

HB 960. By Representatives Steinberg of the 46th, Bray of the 91st and Edwards of the 112th:
A bill to amend Code Section 21-5-5 of the Official Code of Georgia Anno tated, relating to the filing of campaign financial disclosure reports, so as to provide that certain campaign financial disclosure reports be filed with the election superintendent of the county.

HB 1109. By Representatives Childers of the 15th and Hooks of the 116th:
A bill to amend Code Section 43-20-21 of the Official Code of Georgia An notated, relating to termination of the State Board of Hearing Aid Dealers and Dispensers, so as to provide for the continuation of that board but to provide for the later termination of that board and the laws relating thereto.

The House has agreed to the Senate amendment to the following bill of the House:

HB 977. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-14-21 of the Official Code of Georgia An notated, relating to the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia, so as to change the composition of said board.

The House has agreed to the Senate amendments to the following resolutions of the House:

HR 478. By Representative Johnson of the 72nd:
A resolution authorizing the conveyance of certain state owned real property located in Chattanooga, Tennessee, to the Lord Company.

HR 487. By Representative Johnson of the 72nd:
A resolution authorizing the conveyance of certain state owned real property located in Chattanooga, Hamilton County, Tennessee.

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

SB 383. 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 provide for the appointment of a deputy recorder for the police court; to provide for the deputy recorder's powers, duties, and compensation; to change certain provisions relating to the mayor pro tern.

FRIDAY, FEBRUARY 10, 1984

1361

SB 386. 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 terms of office of the mayor and aldermen.

The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 492. By Senator Dawkins of the 45th:
A bill to amend an Act providing for a public defender for Rockdale County, approved March 12, 1975 (Ga. L. 1975, p. 2685), as amended, so as to change the compensation of the public defender; to provide an effective date.

SB 500. By Senator Garner of the 30th:
A bill to amend an Act placing the coroner of Carroll County on an annual salary, as amended, so as to change the compensation of the coroner of Carroll County.

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1131. By Representatives Holmes of the 28th, Adams of the 36th, Daugherty of the 33rd and others:
A bill to provide for an additional judge of the superior court of the Atlanta Judicial Circuit.

The following bill and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 550. By Senator Cobb of the 28th:
A bill to amend an Act providing a new charter for the City of Zebulon, as amended, so as to provide that members of the city council shall be elected from posts within election districts.
Referred to Committee on Federal, State and Community Affairs.

SR 391. By Senator Harrison of the 37th:
A resolution creating a study conmmittee on contract percentage retainages by owners and contractors.
Referred to Committee on Industry and Labor.

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SR 396. By Senators Greene of the 26th and Deal of the 49th: A resolution to create the Statutes of Limitation Study Committee.
Referred to Committee on Judiciary and Constitutional Law.

SR 397. By Senator Foster of the 50th:
A resolution urging the Department of Natural Resources to explore estab lishing a state park in Towns County on existing Tennessee Valley Author ity property.
Referred to Committee on Natural Resources and Environmental Quality.

The following bills and resolutions of the House were read the first time and re ferred to committees:

HB 1077. By Representatives Lawler of the 20th, Burruss of the 20th, Thompson of the 20th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require the submission of a financial statement when a pauper's affidavit is filed in lieu of payment of a candidate's qualifying fee.
Referred to Committee on Governmental Operations.

HB 1131. By Representatives Holmes of the 28th, Adams of the 36th, Daugherty of the 33rd and others:
A bill to provide for an additional judge of the superior court of the Atlanta Judicial Circuit.
Referred to Committee on Judiciary.

HB 1159. By Representative Childs of the 53rd:
A bill to amend Code Section 21-2-217 of the Official Code of Georgia An notated, relating to the form of registration cards, and to amend Code Sec tion 21-3-121 of the Official Code of Georgia Annotated, relating to the registration of voters by municipalities, so as to provide that voters only be required to complete one registration card.
Referred to Committee on Governmental Operations.

HB 1165. By Representatives Porter of the 119th and Jackson of the 9th:
A bill to amend Code Section 43-48-3 of the Official Code of Georgia Anno tated, relating to the composition of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers, so as to change the composition of the board.
Referred to Committee on Transportation.

FRIDAY, FEBRUARY 10, 1984

1363

HB 1168. By Representatives Walker of the 115th, Benefield of the 72nd and Connell of the 87th:
A bill to amend Code Section 49-10-2 of the Official Code of Georgia Anno tated, relating to the Joint Board of Family Practice, so as to provide for the membership of the board and for their terms of office.
Referred to Committee on Human Resources.

HB 1187. By Representative Heard of the 43rd:
A bill to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax collectors, so as to pro vide for the time at which tax collectors and tax commissioners are required to pay collected county taxes to the proper county officials.
Referred to Committee on Federal, State and Community Affairs (General).

HB 1206. By Representatives Chance of the 129th, Crosby of the 150th, Dover of the llth 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 that for the pur poses of levying, collecting, distributing, and applying the proceeds of local insurance taxes the population of certain inactive municipal corporations shall be treated as population of the unincorporated area of the county or counties in which the municipal corporation is located.
Referred to Committee on Federal, State and Community Affairs (General).

HB 1211. By Representatives Matthews of the 145th and Royal of the 144th:
A bill to amend Code Section 28-2-1, relating to apportionment of the House of Representatives and qualifications of its members, so as to change the composition of certain state representative districts.
Referred to Committee on Governmental Operations.

HB 1213. By Representatives Steinberg of the 46th, Chambless of the 133rd, Karrh of the 109th and others:
A bill to amend Code Section 19-13-4 of the Official Code of Georgia Anno tated, relating to orders and agreements for the prevention of family vio lence, so as to provide that a copy of any such order shall be issued by the clerk of superior court to each person identified in the petition as being in danger of family violence.
Referred to Committee on Judiciary and Constitutional Law.

HB 1216. By Representative Coleman of the 118th:
A bill to amend Code Section 31-7-74 of the Official Code of Georgia Anno tated, relating to requirements, rules, regulations, and compensation of members of local hospital authorities, so as to provide that members shall be entitled to receive compensation for their services, either as members or as

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JOURNAL OF THE SENATE

employees of the authority, in an amount not to exceed $100.00 per meeting and the total amount not to exceed $100.00 per month.
Referred to Committee on Human Resources.

HB 1220. By Representatives Ware of the 77th and Colbert of the 23rd:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to require a person convicted of certain violations to obtain a policy of motor vehicle insurance initially issued for a period of not less than one year and containing the required minimum coverage.
Referred to Committee on Insurance.

HB 1278. By Representatives Wilder of the 21st, Atkins of the 21st, Johnson of the 21st and Aiken of the 21st:
A bill to amend Code Section 40-5-100 of the Official Code of Georgia An notated, relating to identification cards, so as to provide that the card may be issued under a passport number for certain persons in lieu of a social security number.
Referred to Committee on Judiciary and Constitutional Law.

HB 1346. By Representatives Phillips of the 120th, Long of the 142nd and Lupton of the 25th:
A bill to amend Code Section 12-5-179 of the Official Code of Georgia An notated, relating to permits for operation of water systems under the "Geor gia Safe Drinking Water Act of 1977", so as to provide for a performance bond or irrevocable letter of credit for certain public water systems.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1356. By Representative McDonald of the 12th:
A bill to amend Article 5 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to operation of unregistered motor trucks, so as to change fee provisions contained therein.
Referred to Committee on Transportation.

HR 248. By Representative Logan of the 67th:
A resolution creating the Structure of Financial Institutions Study Committee. Referred to Committee on Governmental Operations.

HR 572. By Representatives Dunn of the 73rd and Jones of the 78th:
A resolution authorizing the conveyance of certain state owned real property located in Henry County, to the Board of Regents of the University System of Georgia for use by the Agricultural Extension Service as an environmen tal classroom; repealing a resolution approved March 21, 1980 which au-

FRIDAY, FEBRUARY 10, 1984

1365

thorized the sale of said real property by and through the State Properties Commission.
Referred to Committee on Public Utilities.

HR 645. By Representatives Wilson of the 20th, Cooper of the 20th, Thompson of the 20th and others:
A resolution authorizing and directing the conveyance of certain real prop erty located in Cobb County, Georgia, from the State Department of Trans portation to the Board of Regents of the University System of Georgia.
Referred to Committee on Public Utilities.

HR 710. By Representatives McKinney of the 35th, Burruss of the 20th, Murphy of the 18th and others:
A resolution designating the expansion of the Geo. L. Smith II Georgia World Congress Center as the "Sidney J. Marcus Annex to the Georgia World Congress Center".
Referred to Committee on Governmental Operations.

HB 1495. By Representatives Jackson of the 83rd and Evans of the 84th:
A bill to amend an Act placing the clerk of the Superior Court, the sheriff, and the tax commissioner of Columbia County on a salary basis, so as to change the compensation of the tax commissioner.
Referred to Committee on Federal, State and Community Affairs.

HB 1496. By Representatives Jackson of the 83rd and Evans of the 84th:
A bill to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Columbia County School District who is 62 years of age or over and who does not have an income from all sources exceeding $12,000.00 per annum, shall be exempt from all ad valorem taxa tion for educational purposes levied for and in behalf of such school system.
Referred to Committee on Federal, State and Community Affairs.

HB 1497. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to amend an Act incorporating the Town of Stapleton, so as to change the name of the Town of Stapleton to the "City of Stapleton".
Referred to Committee on Federal, State and Community Affairs.

HB 1498. By Representative Ramsey of the 3rd:
A bill to amend an Act providing a new charter for the City of Chatsworth, so as to provide for a Recorder's Court of the City of Chatsworth. Referred to Committee on Federal, State and Community Affairs.

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HB 1499. By Representative Ramsey of the 3rd: A bill to create the board of elections of Murray County.
Referred to Committee on Federal, State and Community Affairs.

HB 1500. By Representatives Alford of the 57th, Lawrence of the 49th, Childs of the 53rd and others:
A bill to amend an Act creating the State Court of DeKalb County, so as to provide for the appointment of an additional assistant solicitor of said court.
Referred to Committee on Federal, State and Community Affairs.

HB 1501. By Representative Ware of the 77th: A bill to create the Franklin-Heard County Water Authority.
Referred to Committee on Federal, State and Community Affairs.

HB 1502. By Representative Copelan of the 106th:
A bill to amend an Act creating the board of commissioners of Greene County, so as to change the provisions relating to the election of members of the board of commissioners.
Referred to Committee on Federal, State and Community Affairs.

HB 1503. By Representative Copelan of the 106th:
A bill to provide that the judge of the Probate Court of Greene County shall serve as the chief magistrate of the Magistrate Court of Greene County. Referred to Committee on Federal, State and Community Affairs.

HB 1504. By Representative Copelan of the 106th:
A bill to amend an Act placing certain county officers of Greene County upon an annual salary, so as to change the compensation provisions relating to the clerical help of the clerk of the Superior Court and the judge of the Probate Court of Greene County.
Referred to Committee on Federal, State and Community Affairs.

HB 1505. By Representative Copelan of the 106th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Greene County into the one office of tax commissioner, so as to change the compensation provisions relating to the clerical help of the tax commissioner.
Referred to Committee on Federal, State and Community Affairs.

HB 1511. By Representative Phillips of the 93rd:
A bill to amend an Act entitled "A bill to be entitled an Act to provide for the Board of Education of Harris County; to provide for the election of cer-

FRIDAY, FEBRUARY 10, 1984

1367

tain members of the board," so as to provide for the Board of Education of Harris County.
Referred to Committee on Federal, State and Community Affairs.

HB 1516. By Representative Moore of the 139th:
A bill to amend an Act creating a board of education for Coffee County, so as to change the compensation of the members of the board of education.
Referred to Committee on Federal, State and Community Affairs.

HB 1517. By Representative Yeargin of the 14th:
A bill to consolidate the offices of tax receiver and tax collector of Oglethorpe County into the office of tax commissioner of Oglethorpe County.
Referred to Committee on Federal, State and Community Affairs.

HB 1533. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act creating the State Court of Clayton County, so as to enumerate certain responsibilities of the clerk and deputy clerks.
Referred to Committee on Federal, State and Community Affairs.

HB 1534. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relative to the compensation of the tax commissioner.
Referred to Committee on Federal, State and Community Affairs.

HB 1535. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers.
Referred to Committee on Federal, State and Community Affairs.

HB 1536. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.
Referred to Committee on Federal, State and Community Affairs.

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HB 1537. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement.
Referred to Committee on Federal, State and Community Affairs.

HB 1538. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act creating the State Court of Clayton County, so as to increase the salary of the solicitor of said court.
Referred to Committee on Federal, State and Community Affairs.

HB 1539. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act creating the State Court of Clayton County, so as to change the provisions relating to the compensation of the judges of said court.
Referred to Committee on Federal, State and Community Affairs.

HB 1540. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges.
Referred to Committee on Federal, State and Community Affairs.

HB 1541. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the provisions relative to the compensation of the chairman.
Referred to Committee on Federal, State and Community Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Agriculture has had under consideration the following resolu tions of the House and has instructed me to report the same back to the Senate with the following recommendations:
HR 650. Do pass.

FRIDAY, FEBRUARY 10, 1984

1369

HR 715. Do pass.

Respectfully submitted, Senator McGill of the 24th District, Chairman

Mr. President:

The Committee on Appropriations has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 928. Do pass. HB 999. Do pass.
Respectfully submitted,
Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Economic Development and Tourism has had under considera tion the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 524. Do pass. SB 548. Do pass. SB 549. Do pass.

HB 1107. Do pass. HB 1293. Do pass.

Respectfully submitted,

Senator Broun of the 46th District, Chairman

Mr. President:

The Committee on Economic Development and Tourism has had under considera tion the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1260. Do pass as amended.
Respectfully submitted,
Senator Broun of the 46th District, Chairman

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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:
HR 505. Do pass.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 537. Do pass. SB 545. Do pass.

HB 790. Do pass as amended. HB 1317. Do pass.

Respectfully submitted,

Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 521. Do pass.
Respectfully submitted,
Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the fol lowing bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 451. HB 938. HB 987.

Do pass. Do pass. Do pass.

HB 1067. Do pass. HB 1172. Do pass.

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1371

HB 1313. Do pass.

HB 1337. Do pass. Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the fol lowing bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 535. Do pass as amended. HB 425. Do pass as amended.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Higher Education has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 893. Do pass.
Respectfully submitted,
Senator Fincher of the 54th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 493. Do pass.
Respectfully submitted,
Senator Howard of the 42nd 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 recommendations:

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HB 464. Do pass as amended. HB 634. Do pass as amended.
Respectfully submitted, Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 466. Do pass by substitute. SB 511. Do pass.

SB 539. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 424. Do pass by substitute. HB 1197. Do pass as amended.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 544. Do pass. SB 526. Do pass.

Respectfully submitted,

Senator Greene of the 26th District, Chairman

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1373

Mr. President:

The Committee on Public Utilities has had under consideration the following reso lutions of the House and has instructed me to report the same back to the Senate with the following recommendations:

HR 588. HR 621. HR 625.

Do pass. Do pass as amended. Do pass as amended.

HR 642. Do pass. HR 643. Do pass as amended.

Respectfully submitted,

Senator Brown of the 47th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations:

HB 143. Do pass. HB 169. Do pass.

HB 274. Do pass. HB 975. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 538. Do pass. SR 389. Do pass.
Respectfully submitted,
Senator Coleman of the 1st District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 523. By Senators Cobb of the 28th and Walker of the 19th:
A bill to amend Article 2 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to trapping, trappers, and fur dealers, so as to change the provisions relating to prohibited activities relative to trapping.

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SB 525. By Senator Kennedy of the 4th:
A bill to provide legislative intent; to provide that the chief magistrate of the Magistrate Court of Evans County shall be appointed by a majority vote of the judges of the Superior Courts of the Atlantic Judicial Circuit with the approval and concurrence of the board of commissioners of Evans County.

SB 527. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 28-8-2 of the Official Code of Georgia Anno tated, relating to the creation of the Georgia Criminal Justice Improvement Council, so as to change the composition of said council; to provide an effec tive date.

SB 532. By Senator Greene of the 26th:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Anno tated, relating to telephone and telegraph service, so as to provide that the unauthorized interception and reception of cable television services shall be unlawful.

SR 365. By Senators Land of the 16th, Coleman of the 1st, Huggins of the 53rd and others:
A resolution creating the Staggered Registration of Motor Vehicles Study Committee.

SR 382. By Senators Peevy of the 48th, Dawkins of the 45th, Allgood of the 22nd and Greene of the 26th:
A resolution to create the Senate Study Committee on Polygraph Operations.

SR 383. By Senators Barnes of the 33rd, Thompson of the 32nd, Brantley of the 56th and Harrison of the 37th:
A resolution designating the C.H. (Fat) James, Sr., Memorial Highway.

HB 501. By Representatives Childs of the 53rd, Redding of the 50th, Williams of the 48th and others:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for certain fees of said clerks in all counties of this state having a population of 450,000 or more according to the United States decennial census of 1980 or any future such census.

FRIDAY, FEBRUARY 10, 1984

1375

HB 618. By Representatives Martin of the 60th, Coleman of the 118th, Manner of the 131st and McDonald of the 12th:
A bill to amend Chapter 3 of Title 25 of the Official Code of Georgia Anno tated, relating to local fire departments generally, so as to provide for legis lative intent.

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.

HB 878. By Representative Phillips of the 93rd:
A bill to create and establish an airport authority in and for Harris County and to authorize such authority to acquire, construct, equip, maintain, oper ate, own, and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment, and the usual and conven ient facilities appertaining to such undertaking, and to acquire, own, and hold a fee simple title to all necessary property therefor, both real and per sonal, and to lease and sell any and all such facilities including real property.

HB 913. By Representative Bray of the 91st:
A bill to amend Article 1 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to sales under tax executions, so as to change the period of time required for advertisement of sales or property not re turned for taxation.

HB 957. By Representatives Thompson, Wilson, Burruss, and Lawler of the 20th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia An notated, relating to county boards of equalization, so as to change the time period for the filing of a notice of appeal.

HB 985. By Representatives Chambless of the 133rd, Davis of the 45th and Steinberg of the 46th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to comprehensively revise the laws relating to notaries public.

HB 1009. By Representatives Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd and Jackson of the 9th:
A bill to amend Code Section 40-2-25 of the Official Code of Georgia Anno tated, relating to applications for motor vehicle registrations, so as to pro vide for legislative declarations.

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HB 1015. By Representatives Isakson, Aiken, Atkins and Wilder of the 21st and others:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the State Employees' Health Insurance Plan, so as to authorize the State Personnel Board to contract with the Tommy Nobis Center, Inc., for the inclusion in the health insurance plan of shel tered employees of the center whose compensation is derived wholly or par tially from funds received through the Division of Rehabilitation Services of the Department of Human Resources.

HB 1025. By Representatives Wood of the 9th and Ware of the 77th:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Anno tated, relating to certain requirements of motor vehicle liability policies and coverage of claims against uninsured motorists, so as to increase certain cov erages in motor vehicle liability insurance policies.

HB 1122. By Representative Adams of the 36th:
A bill to amend Code Section 48-5-51 of the Official Code of Georgia Anno tated, relating to property exempt from ad valorem taxation, so as to provide for the exemption of certain property owned by a certain nonprofit corporation.

HB 1164. By Representatives Hooks of the 116th, Workman of the 51st, Hanner of the 131st and Home of the 103rd:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Anno tated, relating to securities, so as to provide for legislative purpose and intent.

HB 1198. By Representatives Pinkston of the 100th, Beck of the 148th, Smyre of the 92nd and others:
A bill to amend Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, so as to provide a unified and orderly method of permitting limited interstate banking on a regional basis.

HB 1200. By Representative Ramsey of the 3rd:
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 for suspension of a driver's license for conviction in another state of driving under the influence of alcohol or drugs.

HB 1201. By Representative Ramsey of the 3rd:
A bill to amend Code Section 33-34-10 of the Official Code of Georgia An notated, relating to requirement of proof of insurance prior to licensing of motor vehicles, so as to change the amount of restoration fee charged for the

FRIDAY, FEBRUARY 10, 1984

1377

return of any operator's license, motor vehicle license tag, and tag registra tion which has been suspended.

HB 1203. By Representative Birdsong of the 104th:
A bill to amend an Act providing for the election of the members of the Board of Education of Twiggs County, so as to change provisions for the method of filling vacancies in office on the board of education.

HB 1204. By Representative Birdsong of the 104th:
A bill to amend an Act providing for a board of commissioners of Twiggs County, so as to change provisions for the method of filling vacancies in office on the board of commissioners.

HB 1233. By Representative Lane of the 27th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to change the provisions relating to the mem bers of the Board of Directors of the Authority who are appointed by the governing authority of Fulton County.

HB 1253. By Representative Greene of the 130th:
A bill to provide that the Judge of the Probate Court of Randolph County shall serve as chief magistrate of the Magistrate Court of Randolph County.

HB 1298. By Representative Cox of the 141st:
A bill to amend an Act establishing a board of commissioners for Seminole County, so as to change the boundaries of commissioners' districts.

HB 1308. By Representatives Phillips of the 120th and Dobbs of the 74th:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, relating to waste management, so as to provide immunity for provid ing assistance and advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials.

HB 1325. By Representatives Sherrod of the 143rd, Royal of the 144th and Long of the 142nd:
A bill to amend an Act providing for a board of commissioners of Thomas County, so as to create the office of county manager of Thomas County.

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HB 1331. By Representative Royal of the 144th:
A bill to amend an Act creating a new charter for the City of Camilla, so as to provide that a vacancy in the office of mayor or councilman shall be filled by a special election.

HB 1364. By Representatives Hays of the 1st, Wood of the 9th, Oliver of the 1st and others:
A bill to amend Code Section 35-2-43 of the Official Code of Georgia Anno tated, relating to persons eligible for appointment or enlistment in the Uni form Division of the Department of Public Safety, so as to provide that no former member of the armed forces of the United States who has been dis charged with a discharge less than an honorable discharge shall be eligible for appointment or reappointment to the Uniform Division.

HB 1370. 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 1371. By Representative Maddox of the 7th:
A bill to amend an Act providing for the office of commissioner of Gordon County, so as to change the provisions relative to the composition of the commissioner districts.

HB 1372. By Representative Maddox of the 7th:
A bill to amend an Act creating a new board of education of Gordon County, so as to change the provisions relative to the composition of the board posts.

HB 1379. By Representative Greene of the 130th:
A bill to amend an Act creating the office of commissioner of Webster County, so as to change the compensation of the commissioner of Webster County.

HB 1380. By Representative Greene of the 130th:
A bill to amend an Act creating the office of treasurer of Webster County, so as to change the compensation of said treasurer.

HB 1396. By Representative Mullinax of the 81st:
A bill to amend an Act creating the Downtown LaGrange Development Au thority, so as to change the limits of the Downtown LaGrange District.

FRIDAY, FEBRUARY 10, 1984

1379

HB 1397. By Representative Mullinax of the 81st:
A bill to amend an Act creating the State Court of Troup County, so as to change certain provisions relative to jurors.

HB 1414. By Representative Long of the 142nd:
A bill to amend an Act creating a new board of education of Grady County, so as to change the compensation of the members of said board.

HB 1415. By Representative Long of the 142nd:
A bill to amend an Act creating a board of commissioners for Grady County, so as to reapportion Grady County into five single-member districts.

HB 1419. By Representatives Athon of the 57th, Alford of the 57th and Mangum of the 57th:
A bill to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the salary of the tax commissioner.

HB 1420. By Representatives Athon of the 57th, Alford of the 57th and Mangum of the 57th:
A bill to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensa tion, so as to change the salary of the judge of the probate court.

HB 1421. By Representatives Athon of the 57th, Alford of the 57th and Mangum of the 57th:
A bill to amend an Act placing the sheriff of Rockdale County upon an annual salary, so as to change the compensation of the sheriff.

HB 1422. By Representatives Athon of the 57th, Alford of the 57th and Mangum of the 57th:
A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of compensation, so as to change the automobile expense allowance of the coroner.

HB 1423. By Representatives Athon of the 57th, Alford of the 57th and Mangum of the 57th:
A bill to amend an Act creating a board of commissioners for Rockdale County, so as to change the compensation of the chairman and the other members of the board of commissioners.

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HB 1424. By Representatives Athon of the 57th, Alford of the 57th and Mangum of the 57th:
A bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the salary of the clerk.

HB 1427. By Representative Lambert of the 66th:
A bill to provide that the judge of the Probate Court of Oconee County shall serve as chief magistrate of the Magistrate Court of Oconee County.

HB 1428. By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th:
A bill to make provisions for the Magistrate Court of Houston County.

HB 1435. By Representative Heard of the 43rd:
A bill to amend an Act placing the coroner of Fayette County on a salary in lieu of the fee system of compensation, so as to change the compensation of the coroner.

HB 1438. By Representative Balkcom of the 140th:
A bill to amend an Act to provide compensation for the members of the board of education of Baker County, so as to change the compensation of the chairman and members of said board.

HB 1454. By Representatives Chance of the 129th and Mueller of the 126th:
A bill to make provisions for the Magistrate Court of Bryan County; to provide for the method of selection of magistrates.

HB 1456. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act entitled "An Act for the election and creation of a board of county commissioners for the County of Screven, so as to change the compensation of the chairman and the other members of the board of commissioners of Screven County."

HB 1462. By Representative Phillips of the 120th:
A bill to provide for the composition of the Board of Education of Wheeler County.

HB 1463. By Representative Branch of the 137th:
A bill to amend an Act creating a board of commissioners of Ben Hill County, so as to provide for election of members of the board of commis sioners and the districts from which they shall be elected.

FRIDAY, FEBRUARY 10, 1984

1381

HB 1464. By Representative Sizemore of the 136th:
A bill to amend an Act creating and establishing a board of commissioners of roads and revenues of Worth County, so as to change the compensation of the chairman and members of the board of commissioners of Worth County.

HB 1465. 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 commissioner.

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 1147. By Representatives Benn of the 38th and Felton of the 22nd:
A bill to provide for the number of members and for the election of mem bers of the Board of Education of Fulton County.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing amendment:

Amend HB 1147 by striking lines 28 through 30 on Page 5 and in serting in lieu thereof the following:
"from Education Districts 1, 3, 4, and 7 shall serve for terms of four years. Those members serving on February 1, 1984, in Education Dis tricts 2, 5, and 6 shall continue to serve for two".
By striking lines 12 through 29 on Page 7 and inserting in lieu thereof the following:
"herein provided."
By striking line 12 on Page 8 and inserting in lieu thereof the following:
"established. The board shall provide equal educational opportunity for all students. The heretofore existing Fulton County Board of.
By striking lines 28 through 30 on Page 8 and inserting in lieu thereof the following:
"office until a successor is named by the board. The Fulton".

On the adoption of the amendment, the yeas were 48, nays 0, and the amendment was adopted.

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The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Coverdell of the 40th moved that HB 1147 be immediately transmitted to the House.

On the motion, the yeas were 35, nays 3; the motion prevailed, and HB 1147 was immediately transmitted to the House.

HB 1375. By Representative Jones of the 78th:
A bill to be entitled an Act to abolish the office of treasurer of Butts County; to repeal an Act relating to the compensation and duties of the treasurer of Butts County.

Senator Horton of the 17th offered the following amendment:

Amend HB 1375 by striking all matter on lines 1 through 11 of page 2 and inserting in lieu thereof the following:
"Section 4. The election superintendent of Butts County shall on the date of the March, 1984, Presidential Preference Primary conduct an election for the purpose of submitting this Act to the electors of Butts County for approval or rejection. At least 29 days shall intervene be tween the date the election is called and the date the election is held. The superintendent shall cause the date and purpose of the election to be pub lished once a week for two weeks in the official organ of Butts County. The ballot shall have written or printed thereon the words:".

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, was agreed to as amended.

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

FRIDAY, FEBRUARY 10, 1984

1383

Senator Horton of the 17th moved that HB 1375 be immediately transmitted to the House.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 1375 was immediately transmitted to the House.

The President called for the morning roll call, and the following Senators an swered to their names:

Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant CBoubrtbon
Coggin
Coleman
Dawkins
Deal
English Fincher

Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway HHoowrtoanrd
Hudgins
Huggins
Kennedy
Kidd
Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd <, S~ttuamrrbuaugh.
Thompson
Timmons
Trulock
Turner
Tysinger Walker

Those not answering were Senators:

Bond Coverdell

Dean Engram

Scott of 36th Tate

Senator Fincher of the 54th introduced the chaplain of the day, Reverend Art O'Neil, District Superintendent of Dalton District of the United Methodist Church, Dalton, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate and House were read and adopted:

SR 392. By Senator Hine of the 52nd: A resolution commending Sergeant First Class Joe E. Gossett.

SR 393. By Senator Hine of the 52nd:
A resolution commending Major William L. Cline of the Game and Fish Division of the Department of Natural Resources, Northern District Law Enforcement Division.

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SR 394. By Senator Barker of the 18th:
A resolution recognizing September 27 and 28, 1984, as the dates for the Georgia Golden Olympics.

SR 395. By Senator Bryant of the 3rd: A resolution commending the Honorable Walter Scott Fellows.

SR 398. By Senator Coverdell of the 40th: A resolution relative to the commissioning of the U.S.S. Georgia.

SR 400. By Senator Kennedy of the 4th: A resolution expressing regret at the passing of Mrs. Reba Plyler Horton.

SR 401. By Senator Scott of the 43rd: A resolution commending Father Ray Horan.

HR 745. By Representatives Alford of the 57th, Waddle of the 113th, Dobbs of the 74th and Heard of the 43rd:
A resolution commending Louis A. Bacon.

SENATE RULES CALENDAR

Friday, February 10, 1984

THIRTY-FIRST LEGISLATIVE DAY

SB 392 SR 357 SB 512 SB 520 SB 479 SB 485 SB 522 HB 1150 HB 1170

Motor Vehicle Accident Reparations Act--rules prescribed by reve nue commissioner (SUBSTITUTES) (Ins--55th)
Senate County and Municipal Grant Study Committee--create (FS&CA-G--40th)
Fulton County Voter Registration--post card registration (Gov Op--39th)
Legislative Services Committee--submit written report to General Assembly each year (AMENDMENT) (Gov Op--17th)
Magistrate Court--costs up to $30.00 when convicted on ordinance violations discretionary (Judy--49th)
Bad Checks--provisions for no notice to accused (Judy--23rd)
Unemployment Compensation--not include part-time job opinion in terviewer (J&CL--45th)
Superior Court Judges--change salary (SUBSTITUTE) (AMEND MENT) (Judy--49th)
Motor Vehicle Certificate of Title--hearing complaints of persons aggrieved (Trns--1st)

FRIDAY, FEBRUARY 10, 1984

1385

HB 946 HB 1208 HB 1062 HB 968 HR 590 HB 1235 HB 926 HR 448

Magistrate Court Claims--provisions for transfer (SUBSTITUTE) (J&CL--26th)
Unfair Practices in Consumer Transactions--health spa maintain certain bond (I&L--17th)
Forestry Board--extend termination date (NREQ--20th)
Fortunetelling--counties may punish for ordinance violations (J&CL--8th)
Sumter County--conveyance of property to Board of Commissioners (Pub U--14th)
Nursing Home Recipients of Medical Assistance--private rooms and sitters (Hum R--42nd)
Chiropractic Regulation--provide certain authority for board (Hum R--25th)
Governor's Judicial Process Review Commission--create (AMEND MENT) (Judy--33rd)

Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 392. By Senators Stumbaugh of the 55th, Land of the 16th, Deal of the 49th and others:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to provide for certain rules and regulations to be prescribed by the state revenue commissioner.

The Senate Committee on Insurance offered the following substitute to SB 392:
A BILL
To be entitled an Act to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Acci dent Reparations Act," so as to provide that failure to keep proof or evi dence of insurance coverage in a motor vehicle during its operation shall be presumptive evidence of the offense of knowingly operating or authorizing another to operate a motor vehicle without effective insurance thereon; to provide conditions under which charges may be dismissed; to provide for the

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surrender of drivers' licenses; to provide for the issuance of temporary driv ing permits; to provide for the disposition of drivers' licenses; to specify what shall be considered a conviction for the purposes of mandatory suspensions of drivers' licenses; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 34 of Title 33 of the Official Code of Georgia An notated, known as the "Georgia Motor Vehicle Accident Reparations Act," is amended by striking paragraph (4) of subsection (a) of Code Section 3334-10, which reads as follows:
"(4) (A) For the purposes of the mandatory suspension of licenses and license tags provided in subparagraph (A) of paragraph (2) of this subsection, a forfeiture of bail or collateral used to seek a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilty on a violation under this subsection shall be considered a convic tion regardless of whether the sentence is suspended, probated, or rebated.
(B) For the purposes of the mandatory suspension of licenses and license tags provided in subparagraph (B) of paragraph (2) of this sub section, a forfeiture of bail or collateral used to seek a defendant's ap pearance in court, the payment of a fine, a plea of guilty, a plea of nolo contendere, or a finding of guilty on a violation under this subsection shall be considered a conviction regardless of whether the sentence is sus pended, probated, or revoked.",
in its entirety.
Section 2. Said chapter is further amended by striking subsection (f) of Code Section 33-34-10, relating to the requirement of proof of insurance prior to the licensing of a motor vehicle, and inserting in lieu thereof a new subsection (f) to read as follows:
"(0 Every law enforcement officer in this state shall request the driver of a motor vehicle to produce proof or evidence of minimum insur ance coverage required by this chapter at any time the law enforcement officer requests the presentation of the operator's license of the driver of the vehicle."
Section 3. Said chapter is further amended by adding immediately following Code Section 33-34-10, relating to the requirement of proof of insurance prior to the licensing of a motor vehicle, a new Code Section 3334-10.1 to read as follows:
"33-34-10.1. (a) The owner of a motor vehicle shall keep proof or evidence of the minimum insurance coverage required by this chapter in the vehicle at all times during its operation. The failure to keep proof or evidence of the minimum insurance coverage required by this chapter in the vehicle at all times during its operation shall constitute presumptive evidence of the offense of knowingly operating or knowingly authorizing another to operate a motor vehicle without effective insurance thereon.

FRIDAY, FEBRUARY 10, 1984

1387

(b) When a person fails to have proof or evidence of the minimum insurance coverage as required by subsection (a) of this Code section, the law enforcement officer shall charge such person with a violation of Code Section 33-34-12 and shall take at the time of arrest the driver's license of the person charged. The driver's license shall be attached to the court's copy of the citation and complaint form and shall be forwarded to the court having jurisdiction of the offense. Taking the driver's license as required in this Code section shall not prohibit any law enforcement of ficer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17.
(c) At the time the law enforcement officer takes the driver's license, he shall issue a temporary driving permit to the person; provided, how ever, if at the time of arrest the person's driver's license is currently under suspension pursuant to any provision of Title 40 or this chapter, no temporary driving permit shall be issued. The temporary permit shall be valid until the expiration of 180 days or until the person's driving privi lege is suspended pursuant to subsection (c) of Code Section 33-34-10.
(d) If a person charged with an offense pursuant to this Code Sec tion proves to the court that he is in compliance with the minimum insur ance requirements of this chapter and was in compliance with such re quirements at the time the citation was issued, then the charges against him shall be dismissed and the court shall return the driver's license to the person. If the person is convicted of violating Code Section 33-34-12, the court shall, within 15 days, forward the person's driver's license, li cense tag, and where applicable, tag registration, 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 (c) of this Code section.
(e) The commissioner of public safety may promulgate rules and regulations with regard to the temporary driving permit issued pursuant to this Code section."
Section 4. Said chapter is further amended by adding immediately following Code Section 33-34-13, relating to the adoption of certain provi sions by municipalities, a new Code Section 33-34-13.1 to read as follows:
"33-34-13.1. (a) For the purposes of mandatory suspension of a driver's license or license tag under this chapter, a forfeiture of bail or collateral used to seek a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilty shall be considered a convic tion regardless of whether the sentence is suspended, probated, rebated, or revoked.
(b) For the purposes of mandatory suspension of a driver's license or license tag for a second or subsequent offense under this chapter, a forfei ture of bail or collateral used to seek a defendant's appearance in court, the payment of a fine, a plea of guilty, a plea of nolo contendere, or a finding of guilty shall be considered a conviction regardless of whether the sentence is suspended, probated, rebated, or revoked."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

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On the adoption of the substitute, the yeas were 0, nays 37, and the committee substitute was lost.

Senators Stumbaugh of the 55th, Land of the 16th and Deal of the 49th offered the following substitute to SB 392:
A BILL
To be entitled an Act to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Acci dent Reparations Act," so as to provide for the disposition of license tags and tag registrations; to provide that failure to keep proof or evidence of insurance coverage in a motor vehicle during its operation shall be presump tive evidence of the offense of knowingly operating or authorizing another to operate a motor vehicle without effective insurance thereon; to provide con ditions under which charges may be dismissed; to provide for the surrender of drivers' licenses; to provide for the issuance of temporary driving permits; to provide for the disposition of drivers' licenses; to specify what shall be considered a conviction for the purposes of mandatory suspensions of driv ers' licenses; to provide for the suspension of a license for failure to respond to a citation; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 34 of Title 33 of the Official Code of Georgia An notated, known as the "Georgia Motor Vehicle Accident Reparations Act," is amended by striking subparagraph (A) of paragraph (2) of subsection (a) of Code Section 33-34-10, relating to requirements of proof of motor vehicle insurance, in its entirety and inserting in lieu thereof a new subparagraph (A) to read as follows:
"(A) Any person knowingly making a false certification under this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprison ment for not more than 90 days. In addition to such punishment, the person's operator's license and license tag shall be suspended for a period of 30 days. Such person shall be required to submit such operator's li cense, license tag, and tag registration to the court upon conviction. The court shall forward all licenses, license tags, and tag registrations to the Department of Public Safety; provided, however, if the person convicted submits proof to the court of the minimum insurance coverage as re quired by this chapter, the court shall return the license tag and tag re gistration to such person instead of forwarding those items to the Depart ment of Public Safety. If the license tag and tag registration are forwarded to the Department of Public Safety, the commissioner shall forthwith return the license tag and tag registration to the owner of the vehicle upon satisfactory proof of minimum insurance coverage as re quired by this chapter. Upon satisfactory proof of compliance with the provisions of this chapter and after the 30 day suspension has ended,

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proof of minimum insurance coverage has been filed, and the payment of a $25.00 restoration fee has been made to the department, the commis sioner shall return the operator's license suspended under the provisions of this Code section to the operator of the motor vehicle."
Section 2. Said chapter is further amended by striking paragraph (4) of subsection (a) of Code Section 33-34-10, relating to requirements of proof of motor vehicle insurance, which reads as follows:
"(4) (A) For the purposes of the mandatory suspension of licenses and license tags provided in subparagraph (A) of paragraph (2) of this subsection, a forfeiture of bail or collateral used to seek a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilty on a violation under this subsection shall be considered a convic tion regardless of whether the sentence is suspended, probated, or rebated.
(B) For the purposes of the mandatory suspension of licenses and license tags provided in subparagraph (B) of paragraph (2) of this sub section, a forfeiture of bail or collateral used to seek a defendant's ap pearance in court, the payment of a fine, a plea of guilty, a plea of nolo contendere, or a finding of guilty on a violation under this subsection shall be considered a conviction regardless of whether the sentence is sus pended, probated, or revoked.",
in its entirety.
Section 3. Said chapter is further amended by striking paragraph (1) of subsection (c) of Code Section 33-34-10, relating to requirements of proof of motor vehicle insurance, in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Similarly, in cases in which a person is convicted of knowingly operating or knowingly authorizing another to operate a motor vehicle without effective insurance thereon or without an approved plan of selfinsurance as required by this chapter, in addition to any other punish ment, such person's operator's license shall be suspended for a period of 60 days and, in the case of the owner, the license tag for each vehicle involved. Such person shall be required to submit such operator's license, license tag, and tag registration where applicable, to the court upon con viction. The court shall forward such licenses, license tags, and tag regis trations to the Department of Public Safety; provided, however, if the person convicted submits proof to the court of the minimum insurance coverage required by this chapter, the court shall return the license tag and tag registration to such person instead of forwarding those items to the Department of Public Safety. If the license tag and tag registration are forwarded to the Department of Public Safety, the commissioner shall forthwith return the license tag and tag registration to the owner of the vehicle upon satisfactory proof of minimum insurance coverage as required by this chapter. Upon satisfactory proof of compliance with the provisions of this chapter and after the 60 day suspension has ended, proof of minimum insurance coverage has been filed, and the payment of a $25.00 restoration fee has been made to the department, the commis-

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sioner shall return the operator's license suspended under the provisions of this Code section to the operator of such motor vehicle."
Section 4. Said chapter is further amended by striking subsection (f) of Code Section 33-34-10, relating to requirements of proof of motor vehicle insurance, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) Every law enforcement officer in this state shall request the driver of a motor vehicle to produce proof or evidence of minimum insur ance coverage required by this chapter at any time the law enforcement officer requests the presentation of the operator's license of the driver of the vehicle."
Section 5. Said chapter is further amended by adding immediately following Code Section 33-34-10, relating to the requirement of proof of insurance prior to the licensing of a motor vehicle, a new Code Section 3334-10.1 to read as follows:
"33-34-10.1. (a) The owner of a motor vehicle shall keep proof or evidence of the minimum insurance coverage required by this chapter in the vehicle at all times during its operation. The failure to keep proof or evidence of the minimum insurance coverage required by this chapter in the vehicle at all times during its operation shall constitute presumptive evidence of the offense of knowingly operating or knowingly authorizing another to operate a motor vehicle without effective insurance thereon.
(b) When a person fails to have proof or evidence of the minimum insurance coverage as required by subsection (a) of this Code section, the law enforcement officer shall charge such person with a violation of Code Section 33-34-12 and shall take at the time of arrest the driver's license of the person charged. The driver's license shall be attached to the court's copy of the citation and complaint form and shall be forwarded to the court having jurisdiction of the offense. Taking the driver's license as required in this Code section shall not prohibit any law enforcement of ficer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17.
(c) At the time the law enforcement officer takes the driver's license, he shall issue a temporary driving permit to the person; provided, how ever, if at the time of arrest the person's driver's license is currently under suspension pursuant to any provision of Title 40 or this chapter, no temporary driving permit shall be issued. The temporary permit shall be valid until the expiration of 180 days or until the person's driving privi lege is suspended pursuant to subsection (c) of Code Section 33-34-10.
(d) (1) The charges against a person for a violation pursuant to this Code section shall be dismissed and his driver's license shall be returned if the person produces proof prior to or in court that he is in compliance with the minimum insurance requirements of this chapter and was in compliance with such requirements at the time the citation was issued. The submission of proof may be made to the law enforcement agency which issued the citation or to the court having jurisdiction of the offense.

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(2) If the person is convicted of violating Code Section 33-34-12, the court shall require the person to surrender the temporary driving permit issued pursuant to subsection (c) of this Code section and shall, within IS days, forward the person's driver's license, license tag, and where appli cable, tag registration, and the record of the disposition of the case to the Department of Public Safety pursuant to subsection (c) of Code Section 33-34-10.
(e) The commissioner of public safety may promulgate rules and regulations with regard to the temporary driving permit issued pursuant to this Code section."
Section 6. Said chapter is further amended by adding immediately following Code Section 33-34-13, relating to the adoption of certain provi sions by municipalities, a new Code Section 33-34-13.1 to read as follows:
"33-34-13.1. (a) For the purposes of mandatory suspension of a driver's license or license tag under this chapter, a forfeiture of bail or collateral used to seek a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilty shall be considered a convic tion regardless of whether the sentence is suspended, probated, rebated, or revoked.
(b) For the purposes of mandatory suspension of a driver's license or license tag for a second or subsequent offense under this chapter, a forfei ture of bail or collateral used to seek a defendant's appearance in court, the payment of a fine, a plea of guilty, a plea of nolo contendere, or a finding of guilty shall be considered a conviction regardless of whether the sentence is suspended, probated, rebated, or revoked.
(c) The provisions of Code Section 40-5-56 shall apply to a person who has failed to respond to a citation to appear before a court of compe tent jurisdiction of this state for a violation of this chapter."
Section 7. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen

Brannon Brantley Broun of 46th Brown of 47th

Bryant Burton Cobb Coggin

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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 Reddish Scott of 2nd Scott of 36th Scott of 43rd
Starr Stumbaugh
Tate Thompson
Timmons Trulock Turner
Tysinger Walker

Those not voting were Senators Bond and Kennedy (presiding).

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following local bills of the Senate were taken up for the purpose of consider ing the House substitutes thereto:

SB 386. 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 terms of office of the mayor and aldermen.

The House substitute to SB 386 was as follows:

A BILL
To be entitled an Act to amend an Act creating a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, so as to change the provisions relating to the election and terms of office of the mayor and aldermen; to provide for other matters relative thereto; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Milledge ville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, is amended by striking Section V and Section 5A in their entirety and in serting in lieu thereof a new Sections V and 5A to read as follows:

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"Section V. The regular municipal election of the City of Milledgeville shall be held on the third Wednesday in September of each odd-numbered year.
Section 5A. (a) The provisions of this section shall apply to the municipal election held on the third Wednesday in September, 1985, and municipal elections held thereafter.
(b) For the purpose of electing the six aldermen of the City of Mil ledgeville, the city is divided into six election districts as follows:
District No. 1
Tract 9902 Those parts of Blocks 133, 138, 140, and 240 within the City of Milledgeville Blocks 301 through 307 and 341
Tract 9903 Those parts of Blocks 119, 120, and 123 within the City of Milledgeville Blocks 126 through 134 That part of Block 135 within the City of Milledgeville Blocks 136 through 156, 304, and 305 Those parts of Blocks 306 and 307 within the City of Milledgeville Block 308
District No. 2
Tract 9903 Blocks 218 through 223
Tract 9904 Those parts of Blocks 201 and 202 within the City of Milledgeville Blocks 203 and 204 That part of Block 205 within the City of Milledgeville
Tract 9905 Blocks 101 through 120 That part of Block 121 within the City of Milledgeville Blocks 122 through 131 Those parts of Blocks 132, 134, and 135 within the City of Milledgeville Block 136 Those parts of Blocks 137 and 301 within the City of Milledgeville Blocks 302 through 309 Those parts of Blocks 310 and 311 within the City of Milledgeville
District No. 3
Tract 9901 Those parts of Blocks 201, 210, 223, and

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226 within the City of Milledgeville Blocks 229, 232 through 247, and 301
through 310
District No. 4
Tract 9902 Blocks 332 through 335, 340, and 342 through 357
Tract 9903 Blocks 157 through 163, 201 through 217, and 301 through 303
District No. 5
Tract 9902 Blocks 223, 224, 226, 231 through 239, 308 through 331, and 336 through 339
District No. 6
Tract 9901 Those parts of Blocks 134, 146, and 201 within the City of Milledgeville Blocks 202 and 203 That part of Block 205 within the City of Milledgeville
Tract 9902 Those parts of Blocks 128, 135, and 136 within the City of Milledgeville Blocks 139, 205, 206, 208 through 222, and 227 through 230 Those parts of Blocks 401, 404, 406, and 407 within the City of Milledgeville
(c) Those residences and areas comprising those areas known as Jacquelyn Terrace, North Ridge Subdivision, and Merriweather Subdivision which were annexed into the corporate limits of the City of Milledgeville, Georgia, and are within the corporate limits of Milledgeville are assigned to election District No. 6 as set forth and described in subsection (b) of this section for the purpose of electing the six aldermen of the City of Milledgeville, Georgia.
(d) (1) For purposes of subsection (b) of this section, the terms 'tract,' 'block group,' and 'block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of an election district refers to the City of Milledgeville, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.

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1395

(e) One alderman shall be elected from each of the election districts described in subsection (b) of this section. At the regular municipal elec tion to be held on the third Wednesday in September, 1985, the six al dermen representing districts 1 through 6 as described herein shall be elected for terms of four years, said terms of office beginning on October 1, 1985. Thereafter, their successors shall be elected at the regular mu nicipal election which is held immediately preceding the expiration of the terms of office and shall take office on the first day of October immedi ately following their election for terms of four years.
(f) There shall be no durational residency requirement as a condi tion to qualify as a candidate for election districts 1, 2, 3, 4, 5, and 6 for the board of aldermen of the City of Milledgeville other than as provided by the laws of the State of Georgia, except that future candidates for a district position must attain their residence in the district they seek to represent at least by the time they qualify as candidates for the munici pal election to be held on the third Wednesday in September, 1985, and subsequent elections. Additionally, such candidates must meet the quali fications provided for in Section IV of the charter of the City of Mil ledgeville, Georgia. Each alderman elected must remain a resident of the district from which elected during the term of office. Each alderman shall be elected by a majority of the electors voting in elections within each respective election district.
(g) The mayor of the City of Milledgeville, Georgia, may reside anywhere within the corporate limits of the city and shall be elected by a majority of the electors voting from the city at large for a term of four years. The successor for the office of mayor shall be elected at the regu lar municipal election which is held immediately preceding the expiration of the term of office and shall take office on the first day of October immediately following said election.
(h) In the event that an alderman removes his or her place of resi dence during the term of office from the election district from which elected, a vacancy shall thereby be created. Such vacancy shall be filled by a qualified resident of the election district wherein the vacancy exists in the manner described by Section XIX of this charter.
(i) The mayor and aldermen shall be nominated and elected in ac cordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A., known as the 'Georgia Municipal Election Code.'
(j) The mayor and aldermen shall serve until their successors are elected and qualified as provided in this section."
Section 2. The provisions of this Act relating to and necessary for the election of the mayor and aldermen at the 1985 regular municipal election of the City of Milledgeville and subsequent elections shall be effective for the purpose of such elections upon the approval of this Act by the Governor or upon its otherwise becoming law without his approval. This Act shall be effective for all other purposes on October 1, 1985.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 386.

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 386.

SB 383. 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 provide for the appointment of a deputy recorder for the police court; to provide for the deputy recorder's powers, duties, and compensation; to change certain provisions relating to the mayor pro tern.

The House substitute to SB 383 was as follows:

A BILL
To be entitled an Act to amend an Act creating a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, so as to change the denomination of the "police court" in the charter to that of "municipal court"; to provide for the appointment of a deputy recorder for the municipal court; to provide for the deputy recorder's powers, duties, and compensation; to change certain provisions relating to the mayor pro tempore; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Milledge ville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, is amended by striking in its entirety Section XLII and inserting in lieu thereof a new Section XLII to read as follows:
"Section XLII. Be it further enacted by the authority aforesaid, that there shall be and is in the City of Milledgeville a court of record to be known as the municipal court, this court being the same court previ ously known and denominated as the 'police court' (Ga. L. 1900, p. 345, as amended). The jurisdiction of said municipal court shall embrace all violations of the ordinances of the City of Milledgeville and shall have, in addition to the jurisdiction hereinbefore conferred, the criminal jurisdic tion of magistrates (formerly known as 'justices of the peace') and such other jurisdiction as is conferred upon municipal courts by the laws of the State of Georgia. Said municipal court shall be presided over by the deputy recorder in the absence or disqualification of the recorder as pro vided for in this Act. The session of the municipal court shall be held as often as the recorder shall elect and at such hours of the day as are most convenient, and in the place designated by the mayor and aldermen of the City of Milledgeville, Georgia. Said municipal court shall have the power to try all offenders against the ordinances, bylaws, rules, and regu lations of said city and shall have cognizance of all offenders thereunder. The municipal court shall have power to inflict upon conviction such pun ishment as may be provided for the offense, provided such punishment

FRIDAY, FEBRUARY 10, 1984

1397

shall not exceed a fine of $1,000.00 and costs, imprisonment in the city jail not to exceed six months, or work on the work gang on the public streets and roads or on such other public works as the city authorities may direct, not to exceed 12 months, or any one or more of such punish ments in the discretion of the judge (recorder)."
Section 2. Said Act is further amended by striking from Section XLVIII the last sentence, which reads as follows:
"It shall be the duty of said recorder to preside in the police court of said city in all cases, except when providentially prevented or absent from the city, in which case the mayor or mayor pro tern, shall preside.",
and inserting in lieu thereof the following:
"It shall be the duty of the recorder to preside in the municipal court of said city in all cases except when providentially prevented or when he is absent from the city, in which case the deputy recorder shall preside. The mayor and aldermen shall appoint a deputy recorder for the municipal court of said city. The mayor and city council shall specify any additional duties and powers of the deputy recorder and shall provide for his compensation."
Section 3. Said Act is further amended by striking therefrom, wher ever the same shall appear, the term "police court" and inserting in lieu thereof the term "municipal court."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 383.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 383.

The following resolution of the House was taken up for the purpose of considering the House action thereon:

HR 544. By Representative Bray of the 91st:
A resolution authorizing the conveyance of certain state owned real property located in Meriwether County, Georgia, in order to settle certain boundary line discrepancies.

The House amendment was as follows:

Amend the Senate amendment to HR 544 by striking from the eighth line from the bottom of the page the following:

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"line 4", and inserting in lieu therof the following:
"line 24". By adding to the fifth line from the bottom of the page, immediately following the word "property", the following:
"to Provident Broadcasting Company".

Senator Hill of the 29th moved that the Senate agree to the House amendment to the Senate amendment to HR 544.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coggin Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land

McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Burton Coleman

Greene Kennedy (presiding) Lester

Stumbaugh Timmons

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HR 544.

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1399

The following general resolution and bill of the Senate, favorably reported by the committees, were read the third time and put upon their passage.

SR 357. By Senator Coverdell of the 40th:
A resolution creating the Senate County and Municipal Grant 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 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 Hudgins Huggins Kidd Land Lester McGill

Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bond Brannon

Burton Coleman Fincher

Kennedy (presiding) McKenzie Timmons

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 512. By Senators Bond of the 39th and Scott of the 36th:
A bill to amend Code Section 21-2-221 of the Official Code of Georgia An notated, relating to application for voter registration, so as to authorize post

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card registration in any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.

Senator Barnes of the 33rd offered the following amendment:

Amend SB 512 by striking on line 25, Page 2 "misdemeanor"
and inserting "felony"
and by striking on line 27, Page 2 "12 months"
and inserting "5 years".

On the adoption of the amendment, the yeas were 36, nays 1, and the amendment was adopted.

Senator Coggin of the 35th offered the following amendment:

Amend SB 512 by adding on Page 2 between lines 29 and 30 the following:
"Sworn to and subscribed before me this -- day of ----------, 19_."

On the adoption of the amendment, the yeas were 34, 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

Bowen Broun of 46th Brown of 47th

Cobb Coggin Coleman

Coverdell Dawkins Deal Dean Engram Foster Garner Gillis Greene Hill

FRIDAY, FEBRUARY 10, 1984

1401

Hine Holloway Horton Howard Huggins Kidd McGill McKenzie Peevy

Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Timmons Trulock Turner

Those voting in the negative were Senators:

Brantley Bryant Burton
English Fincher

Harris Harrison Land
Lester Perry

Phillips Reddish Thompson
Tysinger Walker

Those not voting were Senators:

Bond Brannon

Hudgins

Kennedy (presiding)

On the passage of the bill, the yeas were 37, nays 15.

The bill, having received the requisite constitutional majority, was passed as amended.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1373. By Representatives Rainey of the 135th, Murphy of the 18th, Burruss of the 20th and others:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions affecting both counties and munici pal corporations, so as to declare the regulation of firearms to be an issue of state-wide concern.

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The following general bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 520. By Senator Horton of the 17th:
A bill to amend Chapter 4 of Title 28 of the Official Code of Georgia Anno tated, relating to legislative services, so as to provide that the Legislative Services Committee shall submit each year a written report of its transac tions, decisions, and activities to the members of the General Assembly.

The Senate Committee on Governmental Operations offered the following amendment:

Amend SB 520 by striking from the title, beginning on line 4 of Page 1, the following:
"transactions, decisions, and activities", and inserting in lieu thereof the following:
"activities and decisions". By striking from Section 1 on line 16 of Page 1 the following:
"transactions, activities,", and inserting in lieu thereof the following:
"activities".

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

Senator Allgood of the 22nd offered the following amendment:

Amend SB 520 by adding on line 17 the following:
"The report shall include separate, itemized statements of expendi tures for the Georgia House of Representatives and Georgia Senate."

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

FRIDAY, FEBRUARY 10, 1984

1403

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 Kidd
Land tester

McGill McKenzie Peevy
Perry Phillips
Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon

Huggins Kennedy (presiding)

Scott of 36th Trulock

On the passage of the bill, the yeas were SO, nays 0.

The bill, having received the requisite constitutional majority, was amended.

SB 479. By Senator Deal of the 49th:
A bill to amend Article 5 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to fees and costs in magistrate courts, so as to make discretionary with the court the imposition of costs of up to $30.00 against persons convicted of county ordinance violations.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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

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JOURNAL OF THE SENATE

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 Land Lester

McGill McKenzie Peevy Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Tysinger Walker

Those voting in the negative were Senators:

Perry

Reddish

Turner

Those not voting were Senators Kennedy (presiding) and Scott of 36th.

On the passage of the bill, the yeas were 51, nays 3.

The bill, having received the requisite constitutional majority, was passed.

SB 485. By Senator Lester of the 23rd:
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 provide that notice to the accused shall not be required where the accused had no account with the drawee at the time the instrument was made, drawn, uttered, or delivered.

Senator Barnes of the 33rd offered the following amendment:

Amend SB 485 by adding after "notice;" on line 20, Page 3 the following:
"if it is proved that such notice was received;" and striking after "notice" on line 20, Page 3
.
and by striking after "elapse" on line 29, Page 3 the following: 11
and inserting

FRIDAY, FEBRUARY 10, 1984

1405

"and provided further such check or instrument was presented for pay ment within 30 days after issue."
and by striking after "elapse" the balance of line 29 and lines 30-34 on Page 3 and lines 1 through 4 on Page 4.

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh
TL aat*le
Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bryant

Kennedy (presiding)

Scott of 36th

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

1406

JOURNAL OF THE SENATE

SB 522. By Senators Dawkins of the 45th and Walker of the 19th:
A bill to amend Code Section 34-8-40 of the Official Code of Georgia Anno tated, relating to the definition of the term "employment" in connection with employment security, so as to provide that the term "employment" shall not include services performed by an individual for a firm as a parttime job opinion or marketing research interviewer.

Senator Dawkins of the 45th moved that SB 522 be committed to the Senate Committee on Judiciary and Constitutional Law.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 522 was committed to the Senate Committee on Judiciary and Constitutional Law.

HB 1150. By Representatives Lambert of the 66th, Murphy of the 18th, Logan of the 67th and others:
A bill 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 the salary of judges of the superior courts.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Judiciary offered the following substitute to HB 1150:

A BILL
To be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change the salary of judges of the superior courts; to change the salary of district attorneys; 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 and allowances of certain state officials, is amended by striking paragraph (20) of subsection (a) of said Code section in its entirety and substituting in lieu thereof a new paragraph (20) to read as follows:
"(20) Each superior court judge .................... 55,500.00
Each superior court judge shall also receive any supplement paid to him by the county or counties of his judicial circuit as may be provided for by law. Each superior court judge shall also receive reimbursement of travel expenses as provided by law."
Section 2. Said Code section is further amended by striking para graph (21) of subsection (a) in its entirety and substituting in lieu thereof a new paragraph (21) to read as follows:

FRIDAY, FEBRUARY 10, 1984

1407

"(21) Each district attorney ........................ 49,860.00
Each district attorney shall also receive any supplement paid to him by the county or counties of his judicial circuit as may be provided for by law. Each district attorney shall also receive reimbursement of travel ex penses as provided by law."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Barker of the 18th offered the following amendment:

Amend the substitute to HB 1150 offered by the Senate Committee on Judiciary as follows:
On line 14 Section 1 "$55,500.00" reduced to "$53,350.00"
and
On line 28 Section 2 "$49,860.00" reduced to "$46,900.00."

On the adoption of the amendment, the yeas were 8, nays 26, and the amendment was lost.

Senators Engram of the 34th, Barnes of the 33rd, Garner of the 30th and others offered the following amendment:

Amend the substitute to HB 1150 offered by the Senate Committee on Judiciary by striking line 4 on Page 1 in its entirety and substituting in lieu thereof the following:
"salary of the Attorney General and judges of the superior courts; to change the".
By striking lines 11 through 14 on Page 1 in their entirety and substi tuting in lieu thereof the following:
"striking paragraphs (5) and (20) of subsection (a) of said Code section in their entirety and substituting in lieu thereof new paragraphs (5) and (20) to read as follows:
'(5) Attorney General ........................... 62,500.00 (20) Each superior court judge ................... 55,500.00' "

On the adoption of the amendment, Senator Hudgins of the 15th called for the yeas and nays; the call was sustained, and the vote was as follows:

1408

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Dawkins Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hill Holloway Horton Howard Hudgins Kidd Land Lester

McKenzie Perry Phillips Reddish Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Coleman Deal

Hine Peevy

Scott of 2nd

Those not voting were Senators:

Barker Bryant

Coverdell Huggins

Kennedy (presiding) McGill

On the adoption of the amendment, the yeas were 45, nays 5, and the amendment was adopted.

Senator Deal of the 49th offered the following amendment:

Amend the substitute to HB 1150 offered by the Senate Committee on Judiciary by renumbering Sections 3 and 4 as Sections 4 and 5, respectively, and by adding a new Section 3 to read as follows:
"Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not origi nally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional."

FRIDAY, FEBRUARY 10, 1984

1409

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Muggins Kidd Land

Lester McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Barker

Scott of 43rd

Thompson

Those not voting were Senators:

Brannon Bryant

Coverdell Kennedy (presiding)

McGill

On the passage of the bill, the yeas were 48, nays 3.

The bill, having received the requisite constitutional majority, was passed by substitute.

1410

JOURNAL OF THE SENATE

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 884. By Representatives Adams of the 16th, Childers of the 15th, McKelvey of the 15th and others:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to licensing of auctioneers, so as to make it unlawful for a licensed auctioneer to engage in the practice of auctioning real property un less such auctioneer is licensed as a real estate broker, associate broker, or salesperson.

Senator Walker of the 19th moved that the Senate insist upon the Senate substi tute to HB 884.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 884.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1170. By Representative Crosby of the 150th:
A bill to amend Article 1 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title in general, so as to change procedures for hearing complaints of persons aggrieved by actions or omissions to act of the commissioner or employees of the Depart ment of Revenue.
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 Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Cobb

Coggin Coleman Deal Dean English Engram Fincher Foster Garner

Gillis Greene Harris Harrison Hill Hine Horton Howard Huggins

FRIDAY, FEBRUARY 10, 1984

1411

Kidd Lester McGill Peevy Perry Phillips Reddish

Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate

Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Bryant Coverdell

Dawkins Holloway Hudgins

Kennedy (presiding) Land
McKenzie

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Starr of the 44th introduced the doctor of the day, Dr. David Cooper, of Riverdale, Georgia.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 946. By Representatives Buck of the 95th, Hirsch of the 96th and Bishop of the 94th:
A bill to amend Code Section 15-10-45 of the Official Code of Georgia An notated, relating to compulsory and permissive counterclaims, so as to pro vide that when the amount of a counterclaim exceeds the jurisdictional lim its of the magistrate court, the case shall be transferred to any court in the county having jurisdiction of the matter.
Senate Sponsor: Senator Greene of the 26th.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to HB 946:

A BILL
To be entitled an Act to amend Code Section 15-10-45 of the Official Code of Georgia Annotated, relating to compulsory and permissive counter claims, so as to provide that when the amount of a counterclaim exceeds the jurisdictional limits of the magistrate court, the case shall be transferred to any court in the county having jurisdiction of the matter; to provide an ef fective date; to repeal conflicting laws; and for other purposes.

1412

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-10-45 of the Official Code of Georgia An notated, relating to compulsory and permissive counterclaims, is amended by striking in its entirety subsection (d) of said Code section which reads as follows:
"(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.",
and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) If the amount of a counterclaim exceeds the jurisdictional lim its of the magistrate court, the case shall be transferred to any court of the county which has jurisdictional limits which exceed the amount of the counterclaim. If there is more than one court to which the action may be transferred, the parties may agree on the court to which the ac tion shall be transferred, and, in the absence of any agreement, the judge of the magistrate shall determine the court to which the action shall be transferred. If there is no other court to which the action may be trans ferred, it shall be transferred to the superior court of the county."
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 0, nays 36, and the committee substitute was lost.

Senators Greene of the 26th and Deal of the 49th offered the following substitute to HB 946:

A BILL
To be entitled an Act to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that appeals may be had from judgments returned in the magistrate court to the state court of the county or to the superior court of the county; to pro vide that when the amount of a counterclaim exceeds the jurisdictional lim its of the magistrate court, the case shall be transferred to any court in the county having jurisdiction of the matter; to provide an effective date; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 15 of the Official Code of Georgia An notated, relating to magistrate courts, is amended by striking in its entirety subsection (b) of Code Section 15-10-41, relating to jury trials and appeals

FRIDAY, FEBRUARY 10, 1984

1413

in magistrate courts, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Appeals may be had from judgments returned in the magis trate court to the state court of the county or to the superior court of the county and the same provisions now provided for by general law for ap peals contained in Code Section 5-3-29 shall be applicable to appeals from the magistrate court, the same to be a de novo appeal."
Section 2. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 15-10-45, relating to compulsory and permis sive counterclaims, which reads as follows:
"(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.",
and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) If the amount of a counterclaim exceeds the jurisdictional lim its of the magistrate court, the case shall be transferred to any court of the county which has jurisdictional limits which exceed the amount of the counterclaim. If there is more than one court to which the action may be transferred, the parties may agree on the court to which the ac tion shall be transferred, and, in the absence of any agreement, the judge of the magistrate court shall determine the court to which the action shall be transferred. If there is no other court to which the action may be transferred, it shall be transferred to the superior court of the county."
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 30, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to 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 Barnes Bond Brantley Broun of 46th

Brown of 47th Burton Cobb Coggin Coleman

Dawkins Deal Dean English Engram

1414

JOURNAL OF THE SENATE

Fincher
Foster Garner Gillis
Greene Harris Harrison
Hill Hine Holloway
Horton Howard

Hudgins Huggins Kidd
Land Lester
McGill McKenzie Peevy
Perry Phillips
Reddish Scott of 2nd

Scott of 36th Scott of 43rd Starr Stumbaugh
T1 adt*ie
Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen

Brannon Bryant

Coverdell Kennedy (presiding)

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The President resumed the Chair.

HB 1208. By Representative Robinson of the 58th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia An notated, relating to unfair or deceptive practices in consumer transactions which are unlawful, so as to require each health spa to maintain a certain bond.
Senate Sponsor: Senator Horton of the 17th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On 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 Brantley
Broun of 46th Brown of 47th
Burton

Cobb
Coggin Coleman
Deal Dean
English

Engram
Fincher Garner
Gillis Greene
Harris

FRIDAY, FEBRUARY 10, 1984

1415

Harrison Mine Holloway Horton Howard Huggins Kennedy Kidd Land

Lester McGill Peevy Perry Phillips Reddish 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

Bryant Coverdell Dawkins Foster

Hill Hudgins McKenzie

On the passage of the bill, the yeas were 45, the nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1062. By Representatives Phillips of the 120th, Ginsberg of the 122nd, Godbee of the 110th and Lane of the lllth:
A bill to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to extend the termination date of the board.
Senate Sponsor: Senator Gillis of the 20th.

Senator McGill of the 24th offered the following amendment:

Amend HB 1062 by inserting following the word "to" on line 3 of Page 1 the following:
"change the qualifications and requirements for registered foresters; to provide for registration of certain persons; to".
By striking Section 1 beginning on line 7 of Page 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of profes sional forestry, is amended by striking subsection (a) of Code Section 126-49, relating to qualifications and requirements for registered foresters, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) The minimum qualifications and requirements for registration as a registered forester shall be as follows:

1416

JOURNAL OF THE SENATE

(1) Graduation from a school, college, or department of forestry ap proved by the board, and a specific record of an additional two years' or more experience in forestry work of a character satisfactory to the board indicating that the applicant is competent to practice forestry. Such two years' experience need not be obtained on lands owned, leased, rented, or held by the applicant or by any person, corporation, agency, entity, or institution by which such applicant is employed, so long as the applicant works under supervision of a registered forester or under other supervi sion acceptable to the board;
(2) Graduation from a school of forestry not approved by the board, provided that a graduate of such a school may be licensed only after acquiring two years' experience of a character satisfactory to the board and under the supervision of a registered forester or under other supervi sion acceptable to the board, and only after passing a written examina tion designed to show knowledge and skill approximating that obtained by graduation from a school, college, or department of forestry approved by the board; or
(3) Completion of 15 or more years of full-time employment as a forester by the Georgia Forestry Commission and submission of proof of such employment to the board with the appropriate application and re gistration fees'".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.
By inserting between lines 21 and 22 of Page 1 a new Section 2 to read as follows:
"Section 2. Said part is further amended by striking Code Section 12-6-63, relating to termination of the State Board of Registration for Foresters, in its entirety and inserting in lieu thereof a new Code Section 12-6-63 to read as follows:
'12-6-63. For the purposes of Chapter 2 of Title 43, "The Act Pro viding for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies," the State Board of Registration for Foresters shall be terminated on July 1, 1988, and this part and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8.'".

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:

FRIDAY, FEBRUARY 10, 1984

1417

Those voting in the affirmative were Senators:

Allgood Barnes Bond Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Deal Dean English Engram Fincher Garner

Gillis Greene Harris Harrison Hine Holloway Horton
Howard Huggins
Kennedy Kidd
Land Lester
McGill McKenzie Peevy

Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Brannon

Bryant Coverdell Dawkins

Foster Hill Hudgins

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 968. By Representatives Beck of the 148th and Patten of the 149th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to counties in general, so as to authorize counties to provide punishments for violations of ordinances prohibiting, regulating, or taxing fortunetelling and similar practices.
Senate Sponsor: Senator Turner of the 8th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Allgood Barnes Bond

Brantley Broun of 46th Brown of 47th

Burton Cobb Coggin

1418
Coleman Deal Dean English Engram Fincher Garner Gillis Greene Harris Harrison Hine

JOURNAL OF THE SENATE

Holloway Horton Howard Huggins Kennedy Kidd Land Lester McGill Peevy Perry Phillips

Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Brannon Bryant

Coverdell Dawkins Foster Hill

Hudgins McKenzie Tate

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 590. By Representative Hooks of the 116th:
A resolution authorizing the State of Georgia, acting by and through its Department of Agriculture, to convey certain state owned real property lo cated in Sumter County, Georgia, to the Sumter County Board of Commissioners.
Senate Sponsor: Senator McKenzie of the 14th.

Senator Tysinger of the 41st offered the following amendment:

Amend HR 590 by adding at the end of line 8 of Page 3 the following:
"provided, however, that, if the conveyance is to a nongovernmental purchaser, the consideration shall be the fair market value of such property;".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to as amended.

FRIDAY, FEBRUARY 10, 1984

1419

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 Coggin Coleman Deal Dean Fincher Foster

Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Land Lester McGill

McKenzie Peevy
Perry Phillips Reddish
Scott of 2nd Scott of 43rd Starr
Stumbaugh Tate
Thompson Trulock Turner
Tysinger Walker

Those not voting were Senators:

Barker Bowen Bryant Coverdell

Dawkins English Engram Hill

Hudgins Scott of 36th Timmons

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

Senator Land of the 16th moved that the following bill of the Senate, having passed by substitute previously today, be immediately transmitted to the House:

SB 392. By Senators Stumbaugh of the 55th, Land of the 16th, Deal of the 49th and others:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to provide for certain rules and regulations to be prescribed by the state revenue commissioner.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 392 was immediately transmitted to the House.

1420

JOURNAL OF THE SENATE

Senator Deal of the 49th moved that the following bill of the House, having passed by substitute previously today, be immediately transmitted to the House:

HB 1150. By Representatives Lambert of the 66th, Murphy of the 18th, Logan of the 67th and others:
A bill 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 the salary of judges of the superior courts.

On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 1150 was immediately transmitted to the House.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1235. By Representatives Bargeron of the 108th, Godbee of the 110th, Ray of the 98th and others:
A bill to amend Code Section 49-4-142 of the Official Code of Georgia An notated, relating to the Department of Medical Assistance and the state plan for Medical Assistance and the Department of Human Resources to modify the state plan and any relevant rules and regulations so as to allow supplementation for private rooms and private sitters for recipients in nurs ing homes.
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 Brannon Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Dawkins Deal Dean

English Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Huggins Kennedy

Kidd Land Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh

FRIDAY, FEBRUARY 10, 1984

1421

Tate
Thompson Timmons

Trulock Turner

Tysinger Walker

Those not voting were Senators:

Barker
Bowen Brantley Bryant

Coverdell Engram Hill

Howard Hudgins Scott of 36th

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 926. By Representative Phillips of the 125th: A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of the practice of chiropractic, so as to pro vide for certain authority for the board.
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 Bond Brannon Brown of 47th Burton Cobb Coggin Coleman Dawkins Deal Dean English Engram Fincher Foster

Garner Gillis Greene Harris Harrison Hine Horton Howard Hudgins Kennedy Kidd Land Lester McGill Peevy

Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

1422

JOURNAL OF THE SENATE

Those not voting were Senators:

Barker Barnes Bowen Brantley

Broun of 46th Bryant Coverdell Hill

Holloway Huggins McKenzie Scott of 36th

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 has passed by the requisite constitutional majority the following bill of the House:

HB 1045. 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 fiscal year beginning July 1, 1984, and ending June 30, 1985.
The following general resolution, favorably reported by the committee, was read the third time and put upon its adoption:

HR 448. By Representatives Walker of the 115th, Smyre of the 92nd, Benefield of the 72nd and others: A resolution creating the Governor's Judicial Process Review Commission. Senate Sponsor: Senator Barnes of the 33rd.
The Senate Committee on Judiciary offered the following amendment:
Amend HR 448 by inserting on line 24 of Page 1 between "Governor." and "The" the following:
"A majority of the appointees named by each appointing officer shall be members in good standing of the State Bar of Georgia."
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

FRIDAY, FEBRUARY 10, 1984

1423

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood
Barnes Bond Brannon
Brantley Broun of 46th Brown of 47th Burton
Cobb Coggin Coleman
Dawkins
Deal Dean
English Engram

Fincher Foster
Garner Greene Harris Mine Holloway
Horton Howard
Hudgins Huggins
Kennedy Kidd Land
Lester
McGill

McKenzie
Peevy Perry
Phillips Reddish Scott of 2nd Scott of 43rd
Starr Stumbaugh Tate Thompson
Timmons
Trulock Turner
Tysinger Walker

Those not voting were Senators:

Barker
Bowen Bryant

Coverdell Gillis Harrison

Hill Scott of 36th

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
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 10, 1984
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, February 13, 1984
Thirty-second Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th reported that the Journal of the proceedings of Friday, February 10 had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1518. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act incorporating the Town of Fort Oglethorpe, so as to change the corporate limits of the Town of Fort Oglethorpe.

HB 1519. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act incorporating the Town of Fort Oglethorpe, so as to change the corporate limits of the Town of Fort Oglethorpe.

HB 1520. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act incorporating the City of Ringgold, so as to provide that the corporate limits of said City shall not include certain territory.

HB 1521. By Representatives Peters of the 2nd and Ramsey of the 3rd:
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 clerical help allowance of the clerk of the superior court.

MONDAY, FEBRUARY 13, 1984

1429

HB 1522. By Representatives Dover and Irvin of the llth:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia ratified in 1982 that constitutional amendment which was proposed by Resolution Act No. 248 enacted at the 1980 Session of the General Assembly which relates to the imposition of an excise tax for edu cational purposes on the sale within Habersham County of alcoholic beverages.

HB 1523. By Representatives Dover and Irvin of the llth: A bill to create the White County Water and Sewerage Authority.

HB 1524. By Representatives Dover and Irvin of the llth:
A bill to abolish the present mode of compensating the clerk of the Superior Court of White County, known as the fee system; to provide in lieu thereof an annual salary.

HB 1525. By Representative Heard of the 43rd: A bill to create and establish the Peachtree City Airport Authority.

HB 1527. By Representatives Hays and Oliver of the 1st:
A bill to amend an Act placing the probate judge of Walker County on a salary basis, so as to change the maximum amount of the compensation of the personnel of the probate court.

HB 1528. By Representatives Hays and Oliver of the 1st:
A bill to amend an Act creating the office of tax commissioner of Walker County, so as to change the maximum amount of the compensation of the personnel of the office of the tax commissioner.

HB 1529. By Representatives Hays and Oliver of the 1st:
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 amount of the compensa tion of the personnel of the office of the clerk of superior court.

HB 1530. By Representatives Hays and Oliver of the 1st and Crawford of the 5th:
A bill to amend an Act creating a new charter for the City of Rossville, so as to provide that the corporate limits of the City of Rossville shall not in clude certain territory.

HB 1531. By Representatives Hays and Oliver of the 1st and Crawford of the 5th:
A bill to amend an Act placing the coroner of Walker County on an annual salary, so as to change the compensation of the coroner.

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JOURNAL OF THE SENATE

Courts of the Southern Judicial Circuit and to provide for the payment of such supplement in specified amounts by the counties comprising the South ern Judicial Circuit.

HB 1147. By Representatives Benn of the 38th and Felton of the 22nd:
A bill to provide for the number of members and for the election of mem bers of the Board of Education of Fulton County.

HB 1375. By Representative Jones of the 78th:
A bill to abolish the office of treasurer of Butts County; to repeal an Act relating to the compensation and duties of the treasurer of Butts County.

HB 1409. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act placing the sheriff of Bulloch County upon an an nual salary, so as to change the compensation of the sheriff's deputies and office clerk.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 551. By Senator Timmons of the llth:
A bill to provide that the judge of the Probate Court of Seminole County shall become the chief magistrate of the Magistrate Court of Seminole County on a certain date.
Referred to Committee on Federal, State and Community Affairs.

SB 552. By Senators Barnes of the 33rd and Thompson of the 32nd:
A bill to provide that the Powder Springs Downtown Development Author ity shall have no right or power of eminent domain; to provide for additional types of projects which may be undertaken by the authority.
Referred to Committee on Federal, State and Community Affairs.

SB 553. By Senators Barnes of the 33rd and Thompson of the 32nd:
A bill to provide for authority; to continue in force and effect as a part of the Constitution of the State of Georgia ratified in 1982 that constitutional amendment which was proposed by Resolution Act No. 213 enacted at the 1964 Session of the General Assembly and which was duly ratified at the 1964 general election, and which relates to the authority of the City of Austell to issue revenue anticipation obligations for gas-generating and distrib uting systems.
Referred to Committee on Federal, State and Community Affairs.

MONDAY, FEBRUARY 13, 1984

1437

SB 554. By Senator Barnes of the 33rd:
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, as amended, so as to change the compensation of the clerk of the probate court.
Referred to Committee on Federal, State and Community Affairs.

SB 555. By Senator Barnes of the 33rd:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the provisions relative to the appointment and compensation of investigators.
Referred to Committee on Federal, State and Community Affairs.

SB 556. By Senator Barnes of the 33rd:
A bill to amend an Act creating the State Court of Cobb County, so as to abolish the office of magistrate of the State Court of Cobb County.
Referred to Committee on Federal, State and Community Affairs.

SB 557. By Senator Timmons of the llth:
A bill to provide that the judge of the Probate Court of Calhoun County shall become the chief magistrate of the Magistrate Court of Calhoun County on a certain date.
Referred to Committee on Federal, State and Community Affairs.

SB 558. By Senator Dean of the 31st:
A bill to provide for a homestead exemption for each resident of the City of Cedartown who is 65 years of age or older.
Referred to Committee on Federal, State and Community Affairs.

SR 399. By Senator Kidd of the 25th: A resolution urging the designation of the Ezell S. Goolsby Bridge.
Referred to Committee on Transportation.

SR 409. By Senators Tate of the 38th, Bond of the 39th and Kidd of the 25th:
A resolution creating the Senate Study Committee on Improving Student Achievement and Strengthening Teaching Personnel.
Referred to Committee on Education.

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JOURNAL OF THE SENATE

The following bills and resolutions of the House were read the first time and re ferred to committees:

HB 457. By Representative Bishop of the 94th:
A bill to amend Chapter 13 of Title 31 of the Official Code of Georgia Annotated, relating to radiation control, so as to provide the Department of Human Resources with the authority to impose and collect civil penalties for violations of rules and regulations promulgated under Chapter 13 or for vio lation of any orders issued thereunder.
Referred to Committee on Human Resources.

HB 839. By Representative Adams of the 16th:
A bill to amend Chapter 2 of Title 8 of the Official Code of Georgia Anno tated, relating to standards and requirements for construction and alteration of buildings and other structures, so as to provide nonmandatory guidelines for the uniform application of fire and building related codes to existing buildings and structures throughout the state.
Referred to Committee on Industry and Labor.

HB 840. By Representative Murphy of the 18th:
A bill to amend Article 2 of Chapter 5 of Title 20 of the Official Code of Georgia Annotated, relating to local and regional public libraries, so as to change the provisions relating to county and regional public libraries.
Referred to Committee on Education.

HB 915. By Representative Bray of the 91st:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to authorize clerks of superior courts to combine with the general execution docket cer tain other records required or authorized to be maintained by them.
Referred to Committee on Governmental Operations.

HB 988. By Representatives Walker of the 115th, Evans of the 84th, Thomas of the 69th and others:
A bill to amend Article 2 of Chapter 2 of Title 22 of the Official Code of Georgia Annotated, relating to condemnation proceedings before a special master, so as to change the provisions relating to the filing of the oath of a special master.
Referred to Committee on Judiciary and Constitutional Law.

MONDAY, FEBRUARY 13, 1984

1439

HB 1205. By Representatives Caldwell of the 16th, Childers of the 15th and McKelvey of the 15th:
A bill to amend Code Section 28-2-1, relating to apportionment of the House of Representatives and qualifications of its members, so as to change the composition of certain state representative districts.
Referred to Committee on Governmental Operations.

HB 1265. By Representatives Dunn of the 73rd and Jones of the 78th:
A bill to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to provide that a recorded lifetime transfer by all the joint tenants of a joint tenancy shall not result in a severance of any tenant's interest.
Referred to Committee on Judiciary and Constitutional Law.

HB 1472. By Representatives Coleman of the 118th, Buck of the 95th and Richardson of the 52nd:
A bill to amend Code Section 20-8-1 of the Official Code of Georgia Anno tated, relating to definitions with respect to campus policemen, so as to change the definition of the term "campus".
Referred to Committee on Higher Education.

HB 1475. By Representatives Dover of the llth, Martin of the 60th, Kilgore of the 42nd and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Anno tated, relating to property exempt from ad valorem taxation, so as to grant an exemption from ad valorem taxation on property of nonprofit homes for the mentally handicapped.
Referred to Committee on Banking and Finance.

HB 1493. By Representatives Waldrep of the 80th, Jones of the 78th and Dunn of the 73rd:
A bill to provide supplements to the salaries of the judges of superior court, the district attorney, and the chief assistant district attorney of the Flint Judicial Circuit.
Referred to Committee on Judiciary.

HB 1506. By Representative Coleman of the 118th:
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 the classified nature of department investigation reports, so as to provide that certain inmate files shall be classified as confidential state secrets and shall be privileged under law.
Referred to Committee on Offender Rehabilitation.

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JOURNAL OF THE SENATE

HB 1514. By Representatives Childs of the 53rd, Aaron of the 56th, Robinson of the 58th and others:
A bill to amend an Act revising, superseding, and consolidating the laws pertaining to the governing authority of DeKalb County and creating a chairman and Board of Commissioners, so as to change the provisions re quiring members of the board of Commissioners to resign to run for other offices and the provisions relating to the creation of vacancies if members of the board of commissioners run for other offices.
Referred to Committee on Federal, State and Community Affairs.

HB 1515. By Representatives Childs of the 53rd, Aaron of the 56th, Robinson of the 58th and others:
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, so as to change the provisions of said amendatory Act relating to the creation of a vacancy in office if the Chief Executive or a member of the commission qualifies for nomination or elec tion to other elective public office.
Referred to Committee on Federal, State and Community Affairs.

HR 675. By Representatives Dean of the 29th, Holmes of the 28th and Sinkfield of the 37th:
A resolution creating a Joint Committee to Study the Standard Need with Respect to AFDC Payments.
Referred to Committee on Human Resources.

HR 754. By Representatives Barnes of the 90th, Aiken of the 21st, Childs of the 53rd and others:
A resolution urging certain restaurants and other food service establish ments to post signs designating a nonsmoking area and to seat patrons in such area upon their request.
Referred to Committee on Consumer Affairs.

HB 1518. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill-to amend an Act incorporating the Town of Fort Oglethorpe, so as to change the corporate limits of the Town of Fort Oglethorpe.
Referred to Committee on Federal, State and Community Affairs.

HB 1519. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act incorporating the Town of Fort Oglethi change the corporate limits of the Town of Fort Oglethorpe.
Referred to Committee on Federal, State and Community Affairs.

MONDAY, FEBRUARY 13, 1984

1441

HB 1520. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act incorporating the City of Ringgold, so as to provide that the corporate limits of said city shall not include certain territory.
Referred to Committee on Federal, State and Community Affairs.

HB 1521. By Representatives Peters of the 2nd and Ramsey of the 3rd:
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 clerical help allowance of the clerk of the superior court.
Referred to Committee on Federal, State and Community Affairs.

HB 1522. By Representatives Dover of the llth and Irvin of the llth:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia ratified in 1982 that constitutional amendment which was proposed by Resolution Act No. 248 enacted at the 1980 Session of th General Assembly which relates to the imposition of an excise tax for edu cational purposes on the sale within Habersham County of alcoholic beverages.
Referred to Committee on Federal, State and Community Affairs.

HB 1523. By Representatives Dover of the llth and Irvin of the llth: A bill to create the White County Water and Sewerage Authority.
Referred to Committee on Federal, State and Community Affairs.

HB 1524. By Representatives Dover of the llth and Irvin of the llth:
A bill to abolish the present mode of compensating the clerk of the Superior Court of White County, known as the fee system; to provide in lieu thereof an annual salary.
Referred to Committee on Federal, State and Community Affairs.

HB 1525. By Representative Heard of the 43rd: A bill to create and establish the Peachtree City Airport Authority.
Referred to Committee on Federal, State and Community Affairs.

HB 1527. By Representatives Hays of the 1st and Oliver of the 1st:
A bill to amend an Act placing the probate judge of Walker County on a salary basis, so as to change the maximum amount of the compensation of the personnel of the probate court.
Referred to Committee on Federal, State and Community Affairs.

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JOURNAL OF THE SENATE

HB 1528. By Representatives Hays of the 1st and Oliver of the 1st:
A bill to amend an Act creating the office of tax commissioner of Walker County, so as to change the maximum amount of the compensation of the personnel of the office of the tax commissioner.
Referred to Committee on Federal, State and Community Affairs.

HB 1529. By Representatives Hays of the 1st and Oliver of the 1st:
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 amount of the compensa tion of the personnel of the office of the clerk of superior court.
Referred to Committee on Federal, State and Community Affairs.

HB 1530. By Representatives Hays of the 1st, Oliver of the 1st and Crawford of the 5th:
A bill to amend an Act creating a new charter for the City of Rossville, so as to provide that the corporate limits of the City of Rossville shall not in clude certain territory.
Referred to Committee on Federal, State and Community Affairs.

HB 1531. By Representatives Hays of the 1st, Oliver of the 1st and Crawford of the 5th:
A bill to amend an Act placing the coroner of Walker County on an annual salary, so as to change the compensation of the coroner.
Referred to Committee on Federal, State and Community Affairs.

HB 1532. By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to create the Lumpkin County Water and Sewerage Authority.
Referred to Committee on Federal, State and Community Affairs.

HB 1542. By Representatives Dover of the llth, Irvin of the llth, Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act creating a new charter for the Town of Tallulah Falls, so as to modify the new charter for the Town of Tallulah Falls by changing the maximum punishment which may be imposed by the munici pal court of the Town of Tallulah Falls.
Referred to Committee on Federal, State and Community Affairs.

HB 1545. By Representative Evans of the 84th:
A bill to amend an Act placing the county officers of McDuffie County upon an annual salary, so as to change provisions relating to compensation of the sheriff and employees of the sheriff.
Referred to Committee on Federal, State and Community Affairs.

MONDAY, FEBRUARY 13, 1984

1443

HB 1546. By Representative Evans of the 84th:
A bill to amend an Act placing the county officers of McDuffie County on an annual salary, so as to change the annual salary of the coroner of Mc Duffie County.
Referred to Committee on Federal, State and Community Affairs.

HB 1547. By Representative Evans of the 84th:
A bill to amend an Act creating a three-member board of commissioners for McDuffie County, so as to change provisions relating to the compensation and expense allowance of members of the board.
Referred to Committee on Federal, State and Community Affairs.

HB 1548. By Representative Evans of the 84th:
A bill to provide for the appointment of the chief magistrate of the Magis trate Court of McDuffie County by the judges of superior court.
Referred to Committee on Federal, State and Community Affairs.

HB 1549. By Representative Evans of the 84th:
A bill to amend an Act placing the county officers of McDuffie County upon an annual salary, so as to change the compensation provisions relating to the clerk of the Superior Court of McDuffie County.
Referred to Committee on Federal, State and Community Affairs.

HB 1550. By Representatives Chambless of the 133rd, Young of the 134th and Balkcom of the 140th:
A bill to amend an Act creating the Small Claims Court of Dougherty County, now the Magistrate Court of Dougherty County, so as to change provisions relating to the terms of magistrates.
Referred to Committee on Federal, State and Community Affairs.

HB 1551. By Representative Oliver of the 121st:
A bill to provide for the selection of the chief magistrate for the Magistrate Court of Long County.
Referred to Committee on Federal, State and Community Affairs.

HB 1552. By Representatives Alien of the 127th, Triplett of the 128th, Phillips of the 125th and others:
A bill to make provisions for the Magistrate Court of Chatham County.
Referred to Committee on Federal, State and Community Affairs.

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JOURNAL OF THE SENATE

HB 1554. By Representatives Dunn of the 73rd and Jones of the 78th:
A bill to amend an Act placing the sheriff, probate judge, clerk of superior court, and tax commissioner of Henry County on an annual salary, so as to change the compensation of said officers.
Referred to Committee on Federal, State and Community Affairs.

HB 1555. By Representatives Dunn of the 73rd and Jones of the 78th:
A bill to amend an Act providing a new board of commissioners of Henry County, so as to change the provisions relating to commissioner districts of the county.
Referred to Committee on Federal, State and Community Affairs.

HB 1556. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to provide that the judge of the Probate Court of Towns County shall also serve as the chief magistrate of Towns County.
Referred to Committee on Federal, State and Community Affairs.

HB 1557. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to consolidate the offices of tax receiver and tax collector of Towns County into the office of tax commissioner of Towns County.
Referred to Committee on Federal, State and Community Affairs.

HB 1558. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to create the office of commissioner of Towns County as the governing authority of said county.
Referred to Committee on Federal, State and Community Affairs.

HB 1559. By Representatives Twiggs of the 4th 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 provisions relating to deputies.
Referred to Committee on Federal, State and Community Affairs.

HB 1560. By Representatives Bailey of the 72nd, Benefield of the 72nd, Johnson of the 72nd and others:
A bill to amend an Act to change the composition of and the manner of selection of the members of the board of education of Clayton County, so as to change the compensation of the chairman or president and other mem bers of the board.
Referred to Committee on Federal, State and Community Affairs.

MONDAY, FEBRUARY 13, 1984

1445

HB 1561. By Representatives Bailey of the 72nd, Holcomb of the 72nd, Benefield of the 72nd and others:
A bill to provide legislative intent; to provide that the Magistrate Court of Clayton County shall be appointed by a majority vote of the judges of the Superior Courts of the Clayton Judicial Circuit.
Referred to Committee on Federal, State and Community Affairs.

HB 1562. By Representatives Bailey of the 72nd, Johnson of the 72nd, Holcomb of the 72nd and others:
A bill to amend an Act reincorporating the City of Forest Park in Clayton County and creating a new charter for said city, so as to extend the corpo rate limits of said city.
Referred to Committee on Federal, State and Community Affairs.

HB 1563. By Representatives Karrh of the 109th and Lord of the 107th:
A bill to create and incorporate the City of Adrian in the Counties of Emanuel and Johnson and grant a charter to that municipality under that corporate name and style.
Referred to Committee on Federal, State and Community Affairs.

HB 1565. By Representative Walker of the 115th:
A bill to amend an Act to reincorporate and provide a new charter for the City of Perry, so as to change the provisions relating to the council districts of the municipality.
Referred to Committee on Federal, State and Community Affairs.

HB 1566. By Representative Walker of the 115th:
A bill to amend an Act to reincorporate and provide a new charter for the City of Perry, so as to provide that acts of the city council which have the force and effect of law may be done by motion or resolution of the city council except that any act of the city council to amend the charter or the code of ordinances or any other act required by general state law to be done by ordinance shall be done by ordinance.
Referred to Committee on Federal, State and Community Affairs.

HR 734. By Representatives Williams of the 48th, Redding of the 50th and Robinson of the 58th:
A resolution creating the DeKalb County Recorder's Court and Magistrate Court Study Commission.
Referred to Committee on Federal, State and Community Affairs.

The President ruled that the following bill of the House could not be read the first time and referred to committee inasmuch as HB 1229 which contained the same sub-

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JOURNAL OF THE SENATE

ject matter was previously rejected by the Senate in that a recommendation of "Do not pass" by the committee from which it was reported was not disagreed to:

HB 1553. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th and others:
A bill to amend Code Section 50-17-63 of the Official Code of Georgia An notated, relating to the deposit of demand funds, investment of funds, re ports, remittance of interest earned, and motor fuel tax revenues, so as to delete references to interest on motor fuel tax revenues.

Senator Kennedy of the 4th appealed the ruling of the Chair.

The President put the motion, "Shall the ruling of the Chair be sustained?"

On the motion, Senator Kennedy of the 4th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th 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 McGill

McKenzie Peevy Perry Phillips Reddish 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

Coverdell

Land (excused)

On the motion, the yeas were 52, nays 0; the motion prevailed, and the ruling of the Chair was sustained.

MONDAY, FEBRUARY 13, 1984

1447

The following report of a standing committee was read by the Secretary:

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 1131. Do pass. HB 1037. Do pass.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 424. By Senator Howard of the 42nd:
A bill to amend Article 5 of Chapter 4 of Title 13 of the Official Code of Georgia Annotated, relating to releases, so as to change the release and pro tection provided by releases and convenants not to sue.

SB 466. By Senator Hine of the 52nd:
A bill to amend Code Section 15-6-77 of the Official Code of Georgia Anno tated, relating to fees of clerks of the superior courts, so as to provide that certain additional funds charged and collected in each civil action, case, or proceeding shall be remitted to special account of the county treasury and shall be used for the sole purpose of paying county supplements to the sala ries of judges of the superior courts, district attorneys, assistant district at torneys, and clerks of court.

SB 493. By Senators Bond of the 39th, Scott of the 36th, Scott of the 43rd and others:
A bill to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions regarding public assis tance, so as to repeal certain provisions relating to the establishment of pilot community work experience programs.

SB 511. By Senators Allgood of the 22nd and Lester of the 23rd:
A bill to amend Part 1 of Article 12 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding trover, so as to provide a simplified procedure for the recovery of personal property wrong fully held by another person.

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JOURNAL OF THE SENATE

SB 521. By Senators Greene of the 26th, Harris of the 27th and Barker of the 18th:
A bill to amend an Act creating the Civil Court of Bibb County, as amended, so as to change the jurisdiction of said court; to provide for juris diction in garnishment proceedings.

SB 524. By Senator Broun of the 46th:
A bill to amend Code Section 12-3-233 of the Official Code of Georgia An notated, relating to the appointment and terms of the members of the Jekyll Island State Park Authority, so as to change the membership of said authority.

SB 526. By Senators Garner of the 30th and Perry of the 7th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, etc., education, so as to provide that any principal, teacher, school administrator, or other school employee who on or off school property confiscates from any student or takes custody of any controlled substance or marijuana at school or a school function or traveling to or from school or a school function shall be required to deliver immediately such substance to a law enforcement unit of the county where the substance is found; to provide a penalty for failure to comply with the requirements of this Act; to change the provisions relating to grounds for termination or suspension of teachers, principals, or other school employees; to provide an effective date.

SB 535. By Senators Harrison of the 37th and Barnes of the 33rd:
A bill to amend Code Section 43-4-11 of the Official Code of Georgia Anno tated, relating to qualifications of applicants for examination for certifica tion as architects, so as to provide an additional method by which an appli cant may qualify for examination.

SB 537. By Senator Scott of the 43rd:
A bill to amend Code Section 20-8-1 of the Official Code of Georgia Anno tated, relating to definitions with respect to campus policemen, so as to change the definition of the term "campus"; to provide an effective date.

SB 538. By Senator Tysinger of the 41st:
A bill to amend Code Section 40-2-73 of the Official Code of Georgia Anno tated, relating to special license plates for amateur radio operators, so as to provide additional requirements relative to such special license plates.

SB 539. By Senator Coggin of the 35th:
A bill to amend Code Section 15-21-73 of the Official Code of Georgia An notated, relating to additional sums to be imposed in certain criminal and traffic cases and upon bond violations, so as to authorize retaining an amount from such sums for administrative expenses.

MONDAY, FEBRUARY 13, 1984

1449

SB 544. By Senators Barnes of the 33rd, Harrison of the 37th, Brantley of the 56th and Thompson of the 32nd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to numbers of superior court judges for each judicial circuit, so as to increase to six the number of judges for the Cobb Judicial Circuit.

SB 545. By Senators Gillis of the 20th, Kennedy of the 4th and English of the 21st:
A bill to amend Code Section 42-5-60 of the Official Code of Georgia Anno tated, relating to the promulgation of rules and regulations governing hiring out of inmates, authority of political subdivisions to contract for services of inmates, sale of products produced by inmates, disposition of proceeds, and payment of inmates for services, so as to authorize the sale to private col leges and universities of goods, wares, or merchandise manufactured, pro duced, or mined by inmates of any state or county correctional institution.

SB 548. By Senator Harris of the 27th:
A bill to amend Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, so as to remove the millage limitation on the authority of a municipality to levy taxes for financial assistance to its municipal development authority or a joint county and municipal development authority in certain instances.

SB 549. By Senator Harris of the 27th:
A bill to amend Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, so as to remove the millage limitations on the authority of a county to levy taxes for financial assistance to its development authority or a joint county and municipal development authority in certain instances.

SR 389. By Senator Broun of the 46th:
A resolution creating the Senate Motor Vehicle Inspection Study Com mittee.

HB 143. By Representative Childs of the 53rd:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, known as the Teachers Retirement System of Georgia, so as to change the provisions relating to half-time service as a teacher and to change the provisions relating to creditable service for half-time teachers.

HB 169. By Representatives Argo of the 68th, Godbee of the 110th, Cummings of the 17th and others:
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 provide for a postretirement benefit adjustment.

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HB 274. By Representatives Cummings of the 17th and Johnson of the 76th:
A bill to amend Code Section 47-3-89 of the Official Code of Georgia Anno tated, relating to credit for service under the Teachers Retirement System of Georgia for service rendered in schools of other states and certain other schools, so as to provide that credit may be received under the Teachers Retirement System of Georgia for service rendered in public school systems of the Virgin Islands, Puerto Rico, and the District of Columbia.

HB 425. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to change the provisions relating to the minimum compensation of clerks of the supe rior courts who also serve as clerks of certain other courts.

HB 451. By Representatives Colwell of the 4th, Dobbs of the 74th, Cox of the 141st and others:
A bill to amend Code Section 50-19-1 of the Official Code of Georgia Anno tated, relating to the establishment and operation of interagency motor pools by the Department of Administrative Services, so as to change the provi sions relative to rules governing the maintenance, repair, and service of mo tor vehicles.

HB 464. By Representatives Ware of the 77th, Wood of the 9th and Auten of the 156th:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Anno tated, relating to general provisions regarding insurance, so as to define a term.

HB 634. By Representative Bargeron of the 108th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change the provisions relative to the amount of paid-in capital stock or surplus required in order to qualify for authority to transact insurance in this state.

HB 790. By Representative Colbert of the 23rd:
A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to Metropolitan Area Planning and Develop ment Commissions, so as to change the composition of membership of a commission.

HB 893. By Representatives Lee of the 72nd and Burruss of the 20th:
A bill to repeal Code Section 20-3-69 of the Official Code of Georgia Anno tated, authorizing the Chancellor of the University System of Georgia to appear before the General Assembly.

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HB 928. By Representatives Logan of the 67th, McDonald of the 12th and Argo of the 68th:
A bill to amend Part 3 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to payment of teachers' salaries, so as to provide for payments by the Department of Education to public school teachers who meet certain standards and perform supervising teacher services.

HB 938. By Representatives Bray of the 91st, Groover of the 99th, Holmes of the 28th and others:
A bill to amend Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to voting machines and vote recorders, and Ar ticle 9 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to the use of voting machines and vote recorders in municipal elec tions, so as to provide for the inspection, examination, and certification of tabulating machines by the Secretary of State.

HB 975. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-17-20 of the Official Code of Georgia An notated, relating to the Board of Commissioners of the Peace Officers' An nuity and Benefit Fund, so as to change the composition of said board.

HB 987. By Representatives Evans of the 84th and Burruss of the 20th:
A bill to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to enact the "Uniform Management of Institutional Funds Act" establishing guidelines for the management and use of investments held by eleemosynary institutions and funds.

HB 999. By Representatives Steinberg of the 46th, Walker of the 115th, Hooks of the 116th and Johnson of the 76th:
A bill to amend Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state or depart ments or agencies of the state, so as to delete certain obsolete provisions regarding the filing of claims arising prior to November 1, 1982, with the Claims Advisory Board.

HB 1067. By Representatives Barnes of the 90th, Padgett of the 86th, Cheeks of the 89th 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 general authority, duties, and proce dure relative to state purchasing, so as to provide for preferences to vendors who are residents of Georgia.

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HB 1107. By Representatives Chance of the 129th, Crosby of the 150th, Phillips of the 120th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to create the Revenue Bond Advisory Commission for the purpose of investigating and making reports and recommendations with respect to revenue bond financing as it affects governmental bodies in Georgia.

HB 1172. By Representatives Bishop of the 94th and Bray of the 91st:
A bill to amend Code Section 21-2-218 of the Official Code of Georgia An notated, relating to the main office of the board of registrars and other des ignated locations, so as to provide that the State Election Board shall adopt rules and regulations governing the selection of voter registration places.

HB 1197. By Representatives Walker of the 85th, McVeigh of the 155th, Benn of the 38th and others:
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 the service charge allowable for bad checks.

HB 1260. By Representative Adams of the 36th:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to residential and family farm mortgages, so as to change the amount of compensation payable to public members of the Georgia Residential Finance Authority.

HB 1293. By Representative Lane of the 27th:
A bill to amend Chapter 31 of Title 31 of the Official Code of Georgia Annotated, relating to boxing match licenses, so as to transfer the State Boxing Commission, which is assigned to the Department of Human Re sources for administrative purposes, from the Department of Human Re sources to the office of the Secretary of State.

HB 1313. By Representatives Walker of the 115th, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to change the definition of transacting business.

HB 1317. By Representatives Home of the 103rd, Pinkston of the 100th and Groover of the 99th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for a declaration by the General As sembly of Georgia that in the exercise of the powers granted to them, local

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governing authorities of cities and counties are acting pursuant to state policy.

HB 1337. By Representatives Couch of the 40th, Lane of the 27th, Aaron of the 56th and others:
A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to change certain provisions relating to bonds of licensees.

HR 505. By Representatives Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd and others:
A resolution proposing an amendment to the Constitution so as to provide for the appointment of the State School Superintendent and to provide for the superintendent in office on January 1, 1985, and for other matters rela tive thereto.

HR 588. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A resolution authorizing the conveyance of certain state owned real property located in Graysville, Catoosa County, Georgia.

HR 621. By Representative Lord of the 107th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey certain state owned real property located in Washington County, Georgia, to the Washington County Board of Commissioners.

HR 625. By Representative Godbee of the 110th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey certain state owned real property located in the City of Millen, Jenkins County, Georgia, to the City of Millen.

HR 642. By Representative Karrh of the 109th:
A resolution authorizing the Department of Transportation of the State of Georgia to convey certain real property located in Emanuel County to the City of Swainsboro, Georgia.

HR 643. By Representative Hudson of the 117th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey certain state owned real property located in Wilcox County to the Wilcox County Board of Commissioners.

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HR 650. By Representatives Reaves of the 147th, Moody of the 153rd, Branch of the 137th and others:
A resolution urging the administrator of the United States Environmental Protection Agency to adopt rules and regulations requiring all pesticide product labels to contain the month and year of production or to pursue actions necessary to amend federal laws to require such information on pes ticide product labels.

HR 715. By Representatives Reaves of the 147th, Godbee of the 110th, Balkcom of the 140th and others:
A resolution proclaiming February 14, 1984, as Georgia Farm Bureau Day at the state capitol.

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 525. By Senator Kennedy of the 4th:
A bill to provide legislative intent; to provide that the chief magistrate of the Magistrate Court of Evans County shall be appointed by a majority vote of the judges of the Superior Courts of the Atlantic Judicial Circuit with the approval and concurrence of the board of commissioners of Evans County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 501. By Representatives Childs of the 53rd, Redding of the 50th, Williams of the 48th and others:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for certain fees of said clerks in all counties of this state having a population of 450,000 or more according to the United States decennial census of 1980 or any future such census.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 501:

A BILL
To be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts,

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so as to provide for certain fees of said clerks in all counties of this state having a population within the unincorporated areas thereof of 350,000 or more according to the United States decennial census of 1980 or any future such census; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by ad ding between Code Sections 15-6-77.2 and 15-6-78 a new Code Section 156-77.3 to read as follows:
"15-6-77.3. (a) This Code section shall apply to all counties of this state having a population within the unincorporated areas thereof of 350,000 or more according to the United States decennial census of 1980 or any future such census.
(b) In addition to the fees specified by Code Section 15-6-77, the clerk of the superior court of counties described in subsection (a) of this Code section shall be entitled to charge and collect an advance fee of $25.00 on each civil and criminal appeal, and such fee shall be paid at the time of filing the notice of appeal.
(c) In lieu of the fees specified by Code Section 15-6-77 for the clerk's services listed below, the clerk of the superior court of counties described in subsection (a) of this Code section shall be entitled to charge and collect the following fees for official duties performed by the clerk in providing such services:
(1) Recording and returning to sender all instruments pertaining to real estate and deeds of trust or amendments thereto, in accordance with Code Section 53-12-52, each page .. . .$ 5.00
(2) Recording maps or plats ............................... 10.00 The fee for recording maps or plats shall include the fee required by Code Section 47-14-51.
(3) Filing and indexing financing statements and for stamping a copy furnished by the second party to show the date and place of filing for an original or a continuation statement, as provided in Code Section 11-9-403, first page ......... 5.00
Each page, after the first............................... .50
(4) Issuing certificates of appointment and reappointment to notaries public, as provided by Code Section 45-7-4....... 8.00
(5) Registering and filing trade names pursuant to Code Section 10-1-490........................................... 25.00
(6) Entering writ of fieri facias on general execution docket .... 5.00"

Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 49, nays 0, and the substitute was adopted.

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The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

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.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 845:

A BILL
To be entitled an Act to amend an Act reincorporating the City of Mountain Park and creating a new charter for said city, approved March 30, 1982 (Ga. L. 1982, p. 3648), so as to change the name of the mayor's court and to provide for the appointment of a judge of said court; to provide for the appointment of officers and personnel of the court; to change the provisions relating to punishment; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act reincorporating the City of Mountain Park and creating a new charter for said city, approved March 30, 1982 (Ga. L. 1982, p. 3648), is amended by striking Article VII in its entirety and substituting in lieu thereof a new Article VII to read as follows:
"ARTICLE VII
MAGISTRATE'S COURT
Section 7.10. Creation, (a) There is established a court to be known as the "Magistrate's Court of the City of Mountain Park" which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of penalties provided for by Section 7.12 of this charter; to punish witnesses for nonattendance; and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the City of Mountain Park constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal

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or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof.
(b) The council shall provide by ordinance for the following:
(1) For the appointment by the council of a judge of the magis trate's court. In order to be appointed as judge, the person must be at least 21 years of age, a qualified attorney, and a resident of the same judicial circuit as that in which the court is located;
(2) For the term of office of the judge;
(3) For the compensation of the judge;
(4) For filling a vacancy which may occur in the office of judge;
(5) For appointment by the council of a person to serve as judge of the magistrate's court during the temporary absence or disqualification of the judge of said court. Any person so appointed must possess the same qualifications as required in paragraph (1) of this subsection;
(6) For the appointment by the council of a solicitor of the magis trate's court. The person appointed shall be at least 21 years of age and a qualified attorney and may be the city attorney of the City of Mountain Park;
(7) For the appointment of one or more marshals for the magis trate's court and for the duties of such marshals; and
(8) For the appointment of a clerk of the magistrate's court and for the duties of such clerk.
Section 7.11. Convening. Said court shall be convened at such times as designated by ordinance of the council or at such times as may be necessary to keep current the dockets thereof.
Section 7.12. Jurisdiction; Powers, (a) The magistrate's court shall try and punish for crimes against the City of Mountain Park by the vio lation of its ordinances. The magistrate's court shall have authority to punish those in its presence, or so near thereto as to affect its operation, for contempt, provided that such punishment shall not exceed $100.00 or 20 days in jail. The magistrate's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both and, as an alternative to fine or imprisonment, may sentence any offender upon conviction to labor in the city work gang or on the streets for a period not exceeding 180 days.
(b) The magistrate's court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations of the laws or ordinances of the City of Mountain Park and may prescribe the conditions for forfeiture of the same.
(c) The magistrate's court shall have authority to administer oaths and perform all other acts necessary or proper to the conduct of said court.

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(d) The magistrate's court shall have the authority to bind prisoners over to the appropriate court when it appears that a state law has been violated.
(e) The magistrate's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served or executed by the mar shal of such court or by any other officer so authorized by this charter or by state law.
(f) The magistrate's court is specifically vested with all of the juris diction and powers throughout the entire area of the City of Mountain Park granted by state laws generally to mayor's, recorder's, and police courts, and particularly by such laws as authorize the abatement of nuisances.
Section 7.13. Certiorari. Certiorari from the superior court to the magistrate's court shall lie in the same manner and under the same pro cedure as prescribed for certiorari to the various justice courts of the state.
Section 7.14. Procedure. All reasonable rules and regulations rela tive to procedure and to the operation of the magistrate's court may be enacted by the city council, provided that such rules and regulations shall be consistent with the provisions set forth in this charter and in conformance with the Constitutions of the United States and of Georgia and all laws of general application thereunder. The city council may adopt in whole or in part the rules and regulations relative to procedure and to the operation of the superior courts under the general laws of the State of Georgia."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 49, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 878. By Representative Phillips of the 93rd:
A bill to create and establish an airport authority in and for Harris County and to authorize such authority to acquire, construct, equip, maintain, oper ate, own, and improve airports and landing fields for the use of aircraft

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which shall include related buildings, equipment, and the usual and conven ient facilities appertaining to such undertaking, and to acquire, own, and hold a fee simple title to all necessary property therefor, both real and per sonal, and to lease and sell any and all such facilities including 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1203. By Representative Birdsong of the 104th:
A bill to amend an Act providing for the election of the members of the Board of Education of Twiggs County, so as to change provisions for the method of filling vacancies in office on the board of education.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1204. By Representative Birdsong of the 104th:
A bill to amend an Act providing for a board of commissioners of Twiggs County, so as to change provisions for the method of filling vacancies in office on 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1253. By Representative Greene of the 130th:
A bill to provide that the Judge of the Probate Court of Randolph County shall serve as chief magistrate of the Magistrate Court of Randolph County.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1298. By Representative Cox of the 141st:
A bill to amend an Act establishing a board of commissioners for Seminole County, so as to change the boundaries of commissioners' districts.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1325. By Representatives Sherrod of the 143rd, Royal of the 144th and Long of the 142nd:
A bill to amend an Act providing for a board of commissioners of Thomas County, so as to create the office of county manager of Thomas County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1331. By Representative Royal of the 144th:
A bill to amend an Act creating a new charter for the City of Camilla, so as to provide that a vacancy in the office of mayor or councilman shall be filled by a special election.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

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The bill, having received the requisite constitutional majority, was passed.

HB 1370. 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1371. By Representative Maddox of the 7th:
A bill to amend an Act providing for the office of commissioner of Gordon County, so as to change the provisions relative to the composition of the commissioner districts.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1372. By Representative Maddox of the 7th:
A bill to amend an Act creating a new board of education of Gordon County, so as to change the provisions relative to the composition of the board posts.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 1379. By Representative Greene of the 130th:
A bill to amend an Act creating the office of commissioner of Webster County, so as to change the compensation of the commissioner of Webster County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1380. By Representative Greene of the 130th:
A bill to amend an Act creating the office of treasurer of Webster County, so as to change the compensation of said treasurer.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1396. By Representative Mullinax of the 81st:
A bill to amend an Act creating the Downtown LaGrange Development Au thority, so as to change the limits of the Downtown LaGrange District.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1397. By Representative Mullinax of the 81st:
A bill to amend an Act creating the State Court of Troup County, so as to change certain provisions relative to jurors.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1414. By Representative Long of the 142nd:
A bill to amend an Act creating a new board of education of Grady County, so as to change the compensation of the 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1415. By Representative Long of the 142nd:
A bill to amend an Act creating a board of commissioners for Grady County, so as to reapportion Grady County into five single-member districts.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1419. By Representatives Athon of the 57th, Alford of the 57th and Mangum of the 57th:
A bill to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the salary of the tax commissioner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 1420. By Representatives Athon of the 57th, Alford of the 57th and Mangum of the 57th:
A bill to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensa tion, so as to change the salary of the judge of the probate court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1421. By Representatives Athon of the 57th, Alford of the 57th and Mangum of the 57th:
A bill to amend an Act placing the sheriff of Rockdale County upon an annual salary, so as to change the compensation of the sheriff.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1422. By Representatives Athon of the 57th, Alford of the 57th and Mangum of the 57th:
A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of compensation, so as to change the automobile expense allowance of the coroner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 1423. By Representatives Athon of the 57th, Alford of the 57th and Mangum of the 57th:
A bill to amend an Act creating a board of commissioners for Rockdale County, so as to change the compensation of the chairman and the other members of the board of commissioners.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1424. By Representatives Athon of the 57th, Alford of the 57th and Mangum of the 57th:
A bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the salary of the clerk.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1427. By Representative Lambert of the 66th:
A bill to provide that the judge of the Probate Court of Oconee County shall serve as chief magistrate of the Magistrate Court 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 1428. By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th:
A bill to make provisions for the Magistrate Court of Houston County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1435. By Representative Heard of the 43rd:
A bill to amend an Act placing the coroner of Fayette County on a salary in lieu of the fee system of compensation, so as to change the compensation of the coroner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1438. By Representative Balkcom of the 140th:
A bill to amend an Act to provide compensation for the members of the board of education of Baker County, so as to change the compensation of the chairman and 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1454. By Representatives Chance of the 129th and Mueller of the 126th:
A bill to make provisions for the Magistrate Court of Bryan County; to provide for the method of selection of magistrates.

MONDAY, FEBRUARY 13, 1984

1467

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1456. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act entitled "An Act for the election and creation of a board of county commissioners for the County of Screven, so as to change the compensation of the chairman and the other members of the board of commissioners of Screven County".

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1462. By Representative Phillips of the 120th:
A bill to provide for the composition of the Board of Education of Wheeler County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Gillis of the 20th moved that HB 1462 be immediately transmitted to the House.

On the motion, the yeas were 41, nays 0; the motion prevailed, and HB 1462 was immediately transmitted to the House.

HB 1463. By Representative Branch of the 137th:
A bill to amend an Act creating a board of commissioners of Ben Hill County, so as to provide for election of members of the board of commis sioners and the districts from which they shall be elected.

1468

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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1464. By Representative Sizemore of the 136th:
A bill to amend an Act creating and establishing a board of commissioners of roads and revenues of Worth County, so as to change the compensation of the chairman and members of the board of commissioners of Worth County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1465. 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 commissioner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President called for the morning roll call and the following Senators answered to their names:

Allgood 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

MONDAY, FEBRUARY 13, 1984

1469

Harrison Hill Hine Holloway HTHHTuoodwrtgoainrnds,
Huggins Kennedy Kidd

Lester McGill McKenzie Peevy PTPR>heeir_idlr'nldyi-ipssh
Scott of 2nd Scott of 36th Scott of 43rd

Starr Stumbaugh jate Thompson T,,Tlir.mulm,ocok,ns
Turner Tysinger Walker

Those not answering were Senators:

Coggin

Greene

Land (excused)

Senator English of the 21st introduced the chaplain of the day, Reverend Lucious Merrion, pastor of Chapel Baptist Church, Swainsboro, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 403. By Senators Lester of the 23rd and Allgood of the 22nd: A resolution commending Mr. Clifford Watson Elsroad.

SR 404. By Senator Lester of the 23rd: A resolution commending Mr. Jack Bradley.

SR 405. By Senator Lester of the 23rd: A resolution commending Mr. Forest L. Johnson.

SR 406. By Senator Perry of the 7th: A resolution commending the Tift County High School football team.

SR 407. By Senator Perry of the 7th: A resolution commending Robert S. Lovein.

SR 408. By Senator Perry of the 7th: A resolution commending Cheryl and Rudy Hancock.

Senator Brantley of the 56th asked unanimous consent that Senator Land of the 16th be excused from the Senate today due to illness; the consent was granted, and Senator Land of the 16th was excused.

1470

JOURNAL OF THE SENATE

The following resolution of the Senate was read and adopted:

SR 402. By Senator Broun of the 46th:
A resolution proposing the establishment of a sister state relationship be tween the Province of Taiwan, the Republic of China, and the State of Georgia, United States of America.

Senator Broun of the 46th introduced two Taiwanese gentlemen, one of whom was Tsun-Hsien Lin, Director of the Atlanta Office of Coordinating Council of North American Affairs, Republic of China, who briefly addressed the Senate.

Senator Gillis of the 20th introduced Honorable Roy Rowland, United States Rep resentative in Congress from the 8th Congressional District of Georgia, who briefly addressed the Senate.

The following local bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1233. By Representative Lane of the 27th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to change the provisions relating to the mem bers of the Board of Directors of the Authority who are appointed by the governing authority of Fulton County.

Senator Scott of the 43rd offered the following substitute to HB 1233:

A BILL
To be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to change the membership of the board and provide for apportionment thereof; to provide for appointments to the board and requirements therefor; to provide for additional residency and other requirements; to provide for terms, vacancies, and succession; to pro vide for construction; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by striking subsection (a) of Section 6 thereof and inserting in its place a new subsection to read as follows:
"(a) (1) The board of directors of the Authority shall be composed of 15 members. Three members, who shall be the commissioner of the Department of Transportation, the State Revenue Commissioner, and the

MONDAY, FEBRUARY 13, 1984

1471

Executive Director of the State Properties Commission, shall represent the state, shall be ex officio members, and shall serve while holding their state offices; one member shall be a resident of Gwinnett County; one member shall be a resident of Clayton County; and ten members shall be apportioned among residents of the City of Atlanta, Fulton County, and DeKalb County based upon one member for each 100,000 persons in the population of the City of Atlanta, that portion of Fulton County lying outside the City of Atlanta, and that portion of DeKalb County lying outside the City of Atlanta, respectively, which apportionment estab lishes those ten members as follows: four members shall be residents of the City of Atlanta, four members shall be residents of DeKalb County, and two members shall be residents of Fulton County, with at least one of the Fulton County residents being a resident of that portion of Fulton County lying south of the corporate limits of the City of Atlanta. Mem bers of the board required to be residents of the City of Atlanta shall be nominated by the mayor and elected by the city council thereof. Mem bers required to be residents of a specified county shall be appointed by the local governing body of that county. The local governing body ap pointing members to the board to represent the City of Atlanta or a county shall, in making that appointment, give due consideration to its appointees' adequately reflecting the various geographical areas of that city or county and adequately reflecting the racial composition of that city or county.
(2) The member added by paragraph (1) of this subsection as the fourth member who is a resident of DeKalb County shall be appointed to take office on July 1, 1984, for an initial term ending December 31, 1985. Such fourth member, and all successors thereto, shall be a member of a racial minority.
(3) Except as provided in paragraphs (1) and (2) of this subsection, all appointments shall be for terms of four years except that a vacancy caused other than by expiration of term shall be filled for the unexpired term by the local governing body which made the original appointment to the vacant position, or its successor in office. A member of the board may be appointed to succeed himself. Appointments to fill expiring terms may be made no more than 30 days prior to the expiration of that term."
Section 2. Nothing in this Act shall be construed to affect the terms of members of the board of the Authority in office on June 30, 1984.
Section 3. This Act shall become effective July 1, 1984.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Stumbaugh of the 55th moved that HB 1233 be committed to the Senate Committee on Federal, State and Community Affairs.

On the motion, the yeas were 43, nays 0; the motion prevailed, and HB 1233 was committed to the Senate Committee on Federal, State and Community Affairs.

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JOURNAL OF THE SENATE

Senator Gillis of the 20th assumed the Chair at the direction of the President.

SENATE RULES CALENDAR

Monday, February 13, 1984

THIRTY-SECOND LEGISLATIVE DAY

SB 107 SB 425 SB 506 SB 519 SB 523 SB 527 SB 531 SB 532 SR 310 SR 342 SR 365 SR 382 SR 383 HB 1022 HB 886 HB 152 HB 1198 HB 213 HB 1195

Writs of Habeas Corpus--transfer to Superior Court of county of original conviction (SUBSTITUTE) (Judy--llth)
Juvenile Proceedings--limit order placing deprived child in foster care (SUBSTITUTE) (Judy^2nd)
Person Charged with Misdemeanor, Felony--pretrial release pro gram (AMENDMENT) (Off R--30th)
Administrative Services Department--include legislative branch in purchasing procedures (Gov Op--9th)
Trapping--change provisions on prohibited activities (SUBSTI TUTE) (NREQ--28th)
Criminal Justice Improvement Council--change composition (Pub Saf--30th)
Automobile Clubs--licensing and regulation (AMENDMENT) (Gov Op--55th)
Cable TV--unauthorized interception unlawful (SUBSTITUTE) (J&CL--26th)
Study Committee on Handicapped Preschooler--create (Hum R--5th)
Suits Against State, Political Subdivisions--award of attorneys' fees (Judy--4th)
Staggered Registration of Motor Vehicles Study Committee--create (Trns--16th)
Senate Study Committee on Polygraph Operations--create (J&CL--26th)
C. H. (Fat) James, Sr. Memorial Highway--designate (Trns--33rd)
Self-Proved Wills--provide (Judy--42nd)
State Purchasing--all bills owed will be paid on time (Gov Op--25th)
Aid to Dependent Children Act--redefine child (SUBSTITUTE) (C&Y--15th)
Interstate Banking on Regional Basis--provide method (B&F--23rd)
Certain Crimes Against Sixty-Five Year Olds or Older--minimum terms of imprisonment (SUBSTITUTE) (Judy--52nd)
Game and Fish--include nutria among nongame species to take (NREQ--20th)

MONDAY, FEBRUARY 13, 1984

1473

HB 957 HB 969 HB 1236 HB 1064 HB 985 HB 1158 HR 543 HB 511 HB 1083 HB 1091 HR 504

County Boards of Equalization--time period for filing notice of ap peal (B&F--33rd)
Joint County-City Boards of Election--provide (Gov Op--12th)
Pharmacists--change certain provisions on registration (SUBSTI TUTE) (Hum R--54th)
Fulton County Legal Services--additional civil filing fees (Judy--35th)
Notaries Public--revise laws relating to (AMENDMENT) (J&CL--48th)
Elector List--municipal registrars purge every two years (Gov Op--25th)
David Lucas Pedestrian Walkway--designate (Pub U--26th)
Child Molestation--change punishment (SUBSTITUTE) (Judy--42nd)
Children and Youth Centers--criminal records checks on employees (C&Y--15th)
Sheriff Using Personal Vehicle in Law Enforcement--vehicle allow ance (Gov Op--25th)
Dalton--conveyance of certain state-owned property to (Pub U--54th)

Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 107. By Senator Timmons of the llth:
A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to writs of habeas corpus for persons under sen tence by a state court of record, so as to provide that certain petitions for writs of habeas corpus may be transferred to the superior court of the county in which the original conviction was obtained.

The Senate Committee on Judiciary offered the following substitute to SB 107:

A BILL
To be entitled an Act to amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions in general, so as to provide that the district attorney of the county in which the petition is filed shall have the responsibility of defending any habeas corpus or other proceedings instituted by or on behalf of a state or county

1474

JOURNAL OF THE SENATE

inmate who is in the physical custody of county authorities; to provide that the Attorney General shall defend habeas corpus or other proceedings insti tuted by inmates in the physical custody of state authorities; to provide for all related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions in general, is amended by striking Code Section 42-5-2, relating to responsibility for cus tody of inmates, and inserting in its place a new Code Section to read as follows:
"42-5-2. (a) It shall be the responsibility of the governmental unit, subdivision, or agency having the physical custody of an inmate to main tain the inmate, furnishing him food, clothing, and any needed medical and hospital attention; to defend any habeas corpus or other proceedings instituted by or on behalf of the inmate; and to bear all expenses relative to any escape and recapture, including the expenses of extradition. It shall be the responsibility of the department to bear the costs of any reasonable and necessary emergency medical and hospital care which is provided to any inmate after the receipt by the department of the notice provided by subsection (a) of Code Section 42-5-50 who is in the physical custody of any other political subdivision or governmental agency of this state, except a county correctional institution, if the inmate is available and eligible for the transfer of his custody to the department pursuant to Code Section 42-5-50. The department shall also bear the costs of any reasonable and necessary follow-up medical or hospital care rendered to any such inmate as a result of the initial emergency care and treatment of the inmate. It shall remain the responsibility of the governmental unit having the physical custody of an inmate to bear the costs of such medi cal and hospital care, if the custody of the inmate has been transferred from the department pursuant to any order of any court within this state. The department shall have the authority to promulgate rules and regula tions relative to payment of such medical and hospital costs by the department.

(b) It shall be the responsibility of the district attorney of the county in which the petition is filed to defend any habeas corpus or other pro ceeding instituted by or on behalf of a state or county inmate who is in the physical custody of county authorities. It shall be the responsibility of the Attorney General to defend any habeas corpus or other proceeding instituted by or on behalf of an inmate who is in the physical custody of state authorities. If the proceeding is a challenge to the inmate's convic tion, the district attorney or other officer who prosecuted the inmate shall provide all appropriate assistance requested by the Attorney General, the district attorney handling the case, or an agent of the Attorney General or district attorney."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, FEBRUARY 13, 1984

1475

On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brannon Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Greene Harris Harrison Hill Hine Horton Howard Hudgins Huggins Kennedy Kidd Lester

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Brantley Broun of 46th

Gillis (presiding) Holloway Land (excused)

McGill Tate

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 425. By Senator Howard of the 42nd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to limit an order of dispo sition placing a deprived child in foster care and to provide for an extension.

1476

JOURNAL OF THE SENATE

The Senate Committee on Judiciary offered the following substitute to SB 425:
A BILL
To be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to limit an order of disposition placing a deprived child in foster care and to provide for an extension; to require certain children to be returned to the court every two years; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia An notated, relating to juvenile proceedings, is amended by striking Code Sec tion 15-11-41, relating to limiting orders of disposition, and inserting in its place a new Code section to read as follows:
"15-11-41. (a) An order terminating parental rights is without limit as to duration.
(b) Except as otherwise provided by law, an order of disposition committing a delinquent or unruly child to the Division of Youth Ser vices continues in force for two years or until the child is sooner dis charged by the Division of Youth Services. The court which made the order may extend its duration for an additional two years subject to like discharge, if:
(1) A hearing is held upon motion of the Division of Youth Services prior to the expiration of the order;
(2) Reasonable notice of the factual basis of the motion and of the hearing and an opportunity to be heard are given to the child and the parent, guardian, or other custodian; and
(3) The court finds that the extension is necessary for the treatment or rehabilitation of the child.
(c) Except as otherwise provided by law, an order of disposition placing a deprived child in foster care under the supervision of the De partment of Human Resources shall continue in force for 18 months af ter the date of original placement with the department or until sooner terminated by the court. The court which made the order may extend its duration for not more than two years if:
(1) A hearing is held upon motion of the Department of Human Resources prior to the expiration of the order, which hearing shall deter mine the future status of the child including, but not limited to, whether the child should be returned to the parent, should be continued in foster care for a specified period, should be placed for adoption, or should, be cause of the child's special needs or circumstances, be continued in foster care on a permanent or long-term basis; and procedural safeguards shall be applied with respect to parental rights pertaining to the removal of the child from the home of his parents, to a change in the child's placement, and to any determination affecting visitation privileges of parents;
(2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; and

MONDAY, FEBRUARY 13, 1984

1477

(3) The court finds that the extension is necessary to accomplish the purposes of the order extended.
(d) Except as otherwise provided by law, any other order of disposi tion in a proceeding involving delinquency, unruliness, or deprivation, ex cept in an order involving the appointment of a guardian of the person or property of a child, continues in force for not more than two years. The court may sooner terminate its order or extend its duration for further periods. An order of extension may be made if:
(1) A hearing is held prior to the expiration of the order upon mo tion of a party or on the court's own motion;
(2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected;
(3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and
(4) The extension does not exceed two years from the expiration of the prior order.
(e) Except as provided in subsection (b) of this Code section, the court may terminate an order of disposition or extension prior to its expi ration, on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished.
(f) Except as provided in subsection (a) of this Code section or as otherwise provided by law, when the child reaches 21 years of age all orders affecting him then in force terminate and he is discharged from further obligation or control."
Section 2. Said chapter is further amended by striking subsection (c) of Code Section 15-11-54, relating to placement of a child, and inserting in its place a new subsection to read as follows:
"(c) If the child is not adopted and a general guardian of the child has not been appointed, the child shall be returned to the court at least every two years after the date of the order during the continuation of foster care for entry of further orders for his care, custody, and control. This subsection applies to all children who, on or after July 1, 1984, are in the permanent custody of the Department of Human Resources."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

1478

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 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 Holloway Horton Howard Hudgins Huggins Kennedy Kidd Lester McGill

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Brantley

Gillis (presiding)

Land (excused)

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 506. By Senators Garner of the 30th and Barnes of the 33rd:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to probation, so as to provide pretrial release and diversion programs as rehabilitative measures for certain persons charged with crimes prior to conviction.

Senators Garner of the 30th and Barnes of the 33rd offered the following substi tute to SB 506:

A BILL
To be entitled an Act to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide pretrial

MONDAY, FEBRUARY 13, 1984

1479

release and diversion programs as rehabilitative measures for certain persons charged with crimes prior to conviction; to provide that the Department of Offender Rehabilitation shall have the authority to establish and operate such pretrial release and diversion programs in any county upon the unani mous approval of the superior court judges, the district attorney, the solici tor where applicable, and the sheriff of such county; to provide that the Board of Offender Rehabilitation may promulgate rules and regulations gov erning such pretrial release and diversion programs; to provide for eligibility for participation in such pretrial release and diversion programs at the dis cretion of the court in which charges are pending; to provide for release upon recognizance of participants; to provide for waiver of speedy trial rights; to provide for operation of such pretrial release and diversion pro grams by counties under contracts with the Department of Offender Reha bilitation; to provide for an exception for the Correctional Services Division of the Georgia Department of Labor; 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 42 of the Official Code of Georgia An notated, relating to probation, is amended by adding following Article 4 a new article, to be designated Article 5, to read as follows:
"ARTICLE 5
42-8-80. The Department of Offender Rehabilitation shall be author ized to establish and operate pretrial release and diversion programs as re habilitative measures for persons charged with misdemeanors and felonies for which bond is permissible under the law in the courts of this state prior to conviction; provided, however, that no such program shall be established in a county without the unanimous approval of the superior court judges, the district attorney, the solicitor where applicable, and the sheriff of such county. The Board of Offender Rehabilitation shall promulgate rules and regulations governing any pretrial release and diversion programs estab lished and operated by the department and shall grant authorization for the establishment of such programs based on the availability of sufficient staff and resources.
42-8-81. The court in which a person is charged with a misdemeanor or felony for which bond is permissible under the law may, upon the applica tion by the person so charged, at its discretion release the person prior to conviction and upon recognizance to the supervision of a pretrial release or diversion program established and operated by the Department of Offender Rehabilitation after an investigation and upon recommendation of the staff of the pretrial release or diversion program. In no case, however, shall any person be so released unless after consultation with his or her attorney or one made available to the person if he or she is indigent that person has voluntarily agreed to participate in the pretrial release or diversion program and knowingly and intelligently has waived his or her right to a speedy trial for the period of pretrial release or diversion.
42-8-82. The Department of Offender Rehabilitation may contract with the various counties of this state for the services and facilities necessary to operate pretrial release and diversion programs established under this article

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JOURNAL OF THE SENATE

and both the department and the counties are authorized to enter into such contracts as are appropriate to carry out the purpose of this article.
42-8-83. The authority to establish and operate pretrial release and di version programs granted to the Department of Offender Rehabilitation under this article shall not affect the authority of the Correctional Services Division of the Georgia Department of Labor to enter into agreements with district attorneys of the several judicial circuits of this state for the purpose of establishing and operating pretrial intervention programs in such judicial circuits."
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 Cobb of the 28th moved that SB 506 be committed to the Senate Com mittee on Offender Rehabilitation.

Senator Kidd of the 25th moved that SB 506 be placed on the Table.

Senator Barnes of the 33rd moved the previous question.

Senator Gillis of the 20th, who was presiding at the direction of the President, ruled that the motion offered by Senator Kidd of the 25th to table SB 506 takes precedence.

On the motion offered by Senator Kidd of the 25th, 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:

Brannon Brown of 47th Cobb Coggin Engram

Greene Harris Horton Hudgins Kidd

McGill Scott of 43rd Starr Tate Thompson

Those voting in the negative were Senators:

Allgood Barker Barnes Bond Bowen Brantley

Broun of 46th Bryant Burton Coleman Coverdell Dawkins

Deal Dean English Fincher Foster Garner

Harrison Hill Hine Holloway Howard Huggins
Kennedy

MONDAY, FEBRUARY 13, 1984

1481

Lester McKenzie Peevy Perry Phillips Reddish Scott of 2nd

Scott of 36th Stumbaugh Timmons Trulock Turner Tysinger Walker

Those not voting were Senators Gillis (presiding) and Land (excused).

On the motion, the yeas were 15, nays 39; the motion was lost, and SB 506 was not placed on the Table.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brantley Broun of 46th Bryant Burton Coleman Coverdell Dawkins Deal Dean

English Fincher Foster Garner Harrison Hill Hine Holloway Howard Huggins Kennedy McKenzie Peevy

Perry Phillips Reddish Scott of 2nd Scott of 36th Stumbaugh
T1 falltCp
Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Barker Brannon Brown of 47th Cobb Coggin

Engrain Greene Harris
Horton Hudgins

Kidd Lester McGill Scott of 43rd Thompson

1482

JOURNAL OF THE SENATE

Those not voting were Senators:

Gillis (presiding)

Land (excused)

Starr

On the passage of the bill, the yeas were 38, nays 15.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Cobb of the 28th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 506.

The President resumed the Chair.

SB 519. By Senators Phillips of the 9th, Stumbaugh of the 55th and Tysinger of the 41st:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the general authority, duties, and procedure of the Department of Administrative Services in conducting state purchasing, so as expressly to include the legislative branch as subject to the department's purchasing procedures.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins

Muggins Kennedy Kidd Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate

MONDAY, FEBRUARY 13, 1984

1483

Thompson Timmons

Trulock Turner

Tysinger Walker

Those not voting were Senators:

Brannon Bryant

Fincher Land (excused)

Reddish

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Barnes of the 33rd introduced United States Senator John Glenn, a United States Presidential Candidate, who briefly addressed the Senate.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 523. By Senators Cobb of the 28th and Walker of the 19th:
A bill to amend Article 2 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to trapping, trappers, and fur dealers, so as to change the provisions relating to prohibited activities relative to trapping.

The Senate Committee on Natural Resources and Environmental Quality offered the following substitute to SB 523:

A BILL
To be entitled an Act to amend Article 2 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to trapping, trappers, and fur dealers, so as to change the provisions relating to prohibited activities relative to trapping; to provide that it shall be legal to dispatch a mink or otter found in a trap; to provide that it shall be unlawful for any person other than the landowner to remove a legally set trap without the permission of the owner of the trap; to change the provisions relative to reports to the department by fur dealers; to provide for penalties; 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. Article 2 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to trapping, trappers, and fur dealers, is amended by striking subsection (a) of Code Section 27-3-63, relating to pro hibited activities related to trapping, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

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"(a) It shall be unlawful for any person to:
(1) Trap any wildlife upon the right of way of any public road or highway of this state;
(2) Set, place, or bait any trap for the purpose of taking any wildlife upon the land or in the waters adjoining the land of any other person, except during the open trapping season for such wildlife, and then only after obtaining the written consent of the owner of the land, which writ ten consent shall be carried upon the trapper's person while engaged in trapping;
(3) Trap any wildlife without inspecting the traps used for such pur pose at least once during each 24 hour period and removing from the traps any wildlife caught therein;
(4) Trap any wildlife by the use of traps which are not stamped with the owner's current license number or name in such a manner that the current license number or name is legible at all times. Any trap or traps found that are not stamped as required by this Code section may be con fiscated and destroyed by the department through its officers and conser vation rangers;
(5) Ship or otherwise remove or cause to be removed from this state any raw or undressed hide, fur, pelt, or skin of any fur-bearing animal without first making a report to the department of the removal on forms to be furnished by the department for such purpose;
(6) Fail to carry a weapon of .22 caliber rimfire while tending traps and to fail to use such weapon to dispatch any fur-bearing animal found in a trap, which animal is to be taken by the person;
(7) Fail to carry a choke stick or similar device while tending traps, which device shall be used for releasing domestic animals;
(8) Set on land any trap with a jaw opening larger than 5 % inches, provided that nothing in this Code section shall be construed to restrict the type of trap which may be used in water;
(9) Sell the fur, hide, or pelt of any domestic dog or cat caught by a trap;
(10) Sell the raw, undressed fur, hide, skin, or pelt of any fur-bear ing animal unless the person has a current valid commercial trapping license or fur dealer license; or
(11) Set any body-gripping trap (as opposed to a leg-hold trap) of a size in excess of 9 Vi inches square except in water or on land within ten feet of water, including swamps, marshes, and tidal areas."
Section 2. Said article is further amended by striking Code Section 27-3-64, relating to killing or injuring minks or otters, in its entirety and substituting in lieu thereof a new Code Section 27-3-64 to read as follows:
"27-3-64. It shall be unlawful to use any kind of firearm to kill or injure mink or otter or to possess or sell any mink or otter, or the pelt

MONDAY, FEBRUARY 13, 1984

1485

thereof, which was killed by any kind of firearm, provided that nothing in this Code section shall prevent a person from dispatching a mink or otter found in a trap or from killing any mink or otter while it is destroying or damaging, or about to destroy or damage, the person's crops, domestic fowl, or other personal property."
Section 3. Said article is further amended by striking Code Section 27-3-65, relating to removal of wildlife from a trap owned by another per son, in its entirety and substituting in lieu thereof a new Code Section 27-365 to read as follows:
"27-3-65. It shall be unlawful for any person to remove a legally set trap, except for the owner of the land on which the trap is set, or to remove any lawfully trapped wildlife from any legally set trap or to pos sess any wildlife so removed from such a trap without the permission of the owner of the trap."
Section 4. Said article is further amended by striking Code Section 27-3-71, relating to reports by fur dealers to the department, in its entirety and substituting in lieu thereof a new Code Section 27-3-71 to read as follows:
"27-3-71. (a) It shall be unlawful for any person to engage in busi ness as a fur dealer unless the person files an annual report with the department not later than 60 days after the close of the trapping season. The report shall list the number of each type of hide, fur, skin, or pelt purchased during the preceding year, the date of purchase, the name of the person from whom purchased, and the person's trapping or raccoon fur seller's license number. The report shall be submitted on forms pro vided by the department. In addition, each fur dealer shall maintain in a legible manner on his business premises a listing of furs purchased during the license year showing each type of hide, fur, skin, or pelt purchased, the date of purchase, and the name of the person from whom purchased.
(b) Conservation rangers and other authorized representatives of the department shall be authorized to enter the premises of a fur dealer, dur ing normal working hours and at any other time when the licensed activ ity is being conducted, for the purpose of inspecting the premises and the records maintained by the fur dealer pursuant to subsection (a) of this Code section.
(c) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Hudgins of the 15th moved that SB 523 be committed to the Senate Committee on Natural Resources and Environmental Quality.

Senator Cobb of the 28th moved the previous question.

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Senator Hudgins of the 15th moved that SB 523 be placed on the Table.

The President ruled that the motion offered by Senator Hudgins of the 15th that SB 523 be tabled takes precedence.

On the motion offered by Senator Hudgins of the 15th, Senator Hudgins of the 15th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bond Brannon
Brantley Coverdell

Dawkins Dean
Greene Hine Howard

Hudgins Kidd Peevy Scott of 2nd Scott of 43rd

Those voting in the negative were Senators:

Allgood Barker Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Deal English Engram

Fincher Foster Garner Gillis Harris Harrison Hill Horton Huggins Kennedy Lester McGill McKenzie

Perry Reddish Scott of 36th Starr Stumbaugh
T1 natlfC
Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Holloway

Land (excused)

Phillips

On the motion, the yeas were 15, nays 38; the motion was lost, and SB 523 was not placed on the Table.

On the motion offered by Senator Cobb of the 28th for the previous question, the next motion in precedence, the yeas were 35, nays 1; the motion prevailed, and the previous question was ordered.

On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.

MONDAY, FEBRUARY 13, 1984

1487

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Deal

English Engram Fincher Foster Garner Gillis Harris Harrison Holloway Horton Howard Kennedy Kidd Lester

McGill McKenzie Perry Reddish Scott of 2nd Scott of 36th Starr Tate Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Bowen Dawkins Dean Greene

Hill Hine Hudgins Huggins

Peevy Scott of 43rd Stumbaugh

Those not voting were Senators:

Coleman

Land (excused)

Phillips

On the passage of the bill, the yeas were 42, nays 11.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Allgood of the 22nd moved that the following bill of the Senate be taken from the Table and put upon its passage:

SB 314. By Senator Lester of the 23rd:
A bill to amend Code Section 33-29-2, relating to the content and format of accident and sickness insurance policies, so as to provide an additional re quirement for accident and sickness policies.

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On the motion, the yeas were 34, nays 7; the motion prevailed, and SB 314 was taken from the Table and placed at the foot of the Senate Rules Calendar for today.

Senator Allgood of the 22nd moved that the Senate stand in recess until 2:15 o'clock P.M. today, and the motion prevailed.

At 12:55 o'clock P.M., the President announced the Senate would stand in recess until 2:15 o'clock P.M. today.

At 2:15 o'clock P.M., the President called the Senate to order.

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 527. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 28-8-2 of the Official Code of Georgia Anno tated, relating to the creation of the Georgia Criminal Justice Improvement Council, so as to change the composition of said council; to provide an effec tive date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin

Coleman Dawkins Deal English Engram Foster Greene Harris Hill Hine Holloway

Howard Hudgins Huggins Kennedy Lester McGill Reddish Scott of 2nd Stumbaugh Thompson Walker

Those not voting were Senators:

Barnes Broun of 46th Coverdell Dean

Fincher Garner Gillis Harrison

Horton Kidd Land (excused) McKenzie

MONDAY, FEBRUARY 13, 1984

1489

Peevy Perry Phillips Scott of 36th

Scott of 43rd Starr Tate Timmons

Trulock Turner Tysinger

On the passage of the bill, the yeas were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 532. By Senator Greene of the 26th:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Anno tated, relating to telephone and telegraph service, so as to provide that the unauthorized interception and reception of cable television services shall be unlawful.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 532:

A BILL
To be entitled an Act to amend Code Section 46-5-2 of the Official Code of Georgia Annotated, relating to avoiding or attempting to avoid charges for the use of certain services, so as to create a rebuttable presump tion of unlawful conduct if a person possesses certain devices or equipment; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 46-5-2 of the Official Code of Georgia Anno tated, relating to avoiding or attempting to avoid charges for the use of cer tain services, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 46-5-2 to read as follows:
"46-5-2. (a) It shall be unlawful for any person to avoid or attempt to avoid or to cause another to avoid the lawful charges, in whole or in part, for any telephone or telegraph service or cable television service (CATV) or for the transmission of a message, signal, or other communi cation by telephone or telegraph or over telephone or telegraph facilities by the use of any fraudulent scheme, means, or method, or by the use of any mechanical, electric, or electronic device; provided, however, that this Code section and Code Sections 46-5-3 and 46-5-4 shall not apply to amateur radio repeater operation involving a dial interconnect.
(b) The possession of any device or equipment whatsoever which permits the interception or reception of cable television services without authorization by the operator of the cable television system shall consti tute a rebuttable presumption of the intent to violate and of the violation of subsection (a) of this Code section.

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(c) Any person who violates this Code section shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman

Dawkins Deal English Engram Foster Gillis Greene Harris Hill Hine Holloway Horton Howard

Hudgins Huggins Kennedy Kidd Lester McGill Reddish Scott of 2nd Scott of 43rd Stumbaugh Thompson Timmons Walker

Those not voting were Senators:

Brantley Coverdell Dean Fincher Garner Harrison

Land (excused) McKenzie Peevy Perry Phillips Scott of 36th

Starr Tate Trulock Turner Tysinger

On the passage of the bill, the yeas were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Greene of the 26th moved that SB 532 be immediately transmitted to the House.

MONDAY, FEBRUARY 13, 1984

1491

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 532 was immediately transmitted to the House.

SR 310. By Senators Burton of the 5th, Phillips of the 9th, Land of the 16th and others:
A resolution creating the Study Committee on the Handicapped Preschooler.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

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 Burton Cobb Coggin Coleman Coverdell Deal

Dean English Engram Fincher Foster Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Huggins

Kennedy Kidd Lester McGill
PrcPcPVvyV
Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Thompson Timmons Walker

Those not voting were Senators:

Bryant Dawkins Garner Harrison

Land (excused) McKenzie Perry Scott of 36th

Tate Trulock Turner Tysinger

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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SR 342. By Senators Kennedy of the 4th and Perry of the 7th:
A resolution relative to the award of attorneys' fees in suits against the state and political subdivisions.

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 Brannon Brantley Broun of 46th Burton Cobb Coggin Coverdell Dawkins Deal

Dean English Engram Foster Gillis Greene Hine Holloway Horton Howard Huggins Kennedy Kidd

Lester McGill McKenzie Peevy Phillips Reddish Scott of 2nd Scott of 43rd Starr Thompson Turner Walker

Voting in the negative was Senator Bond.

Those not voting were Senators:

Brown of 47th Bryant Coleman Fincher Garner Harris

Harrison Hill Hudgins Land (excused) Perry Scott of 36th

Stumbaugh Tate Timmons Trulock Tysinger

On the adoption of the resolution, the yeas were 38, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

SR 365. By Senators Land of the 16th, Coleman of the 1st, Huggins of the 53rd and others:
A resolution creating the Staggered Registration of Motor Vehicles Study Committee.

MONDAY, FEBRUARY 13, 1984

1493

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 Burton Cobb Coggin Coleman Coverdell Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins

Kennedy Kidd Lester McGill Peevy Phillips Reddish Scott of 2nd Scott of 43rd Stumbaugh Tate Thompson Trulock Turner Walker

Those not voting were Senators:

Bryant Dawkins Hudgins Land (excused)

McKenzie Perry Scott of 36th

Starr Timmons Tysinger

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 382. By Senators Peevy of the 48th, Dawkins of the 45th, Allgood of the 22nd and Greene of the 26th:
A resolution to create the Senate Study Committee on Polygraph Operations.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

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On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Greene Harris Harrison Hill Hine Holloway Howard Hudgins Huggins Kennedy Kidd

Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Walker

Those not voting were Senators:

Bryant Gillis Horton

Land (excused) Scott of 36th

Timmons Tysinger

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 383. By Senators Barnes of the 33rd, Thompson of the 32nd, Brantley of the 56th and Harrison of the 37th:
A resolution designating the C. H. (Fat) James, Sr., Memorial Highway.

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:

MONDAY, FEBRUARY 13, 1984

1495

Those voting in the affirmative were Senators:

Barnes Bond Bowen Broun of 46th Brown of 47th Burton Cobb Coverdell

Dean English Foster Greene Harris Harrison Holloway Howard

Hudgins Kennedy McGill Scott of 2nd Scott of 43rd Tate Thompson

Those voting in the negative were Senators:

Allgood Barker Brannon Brantley Bryant Coggin Dawkins Deal

Engram Fincher Garner Hine Huggins Kidd Peevy

Perry Phillips Reddish Starr Trulock Turner Walker

Those not voting were Senators:

Coleman Gillis Hill Horton

Land (excused) Lester McKenzie Scott of 36th

Stumbaugh Timmons Tysinger

On the adoption of the resolution, the yeas were 23, nays 22.
The resolution, having failed to receive the requisite constitutional majority, was lost.
Senator Barnes of the 33rd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SR 383.

HB 1022. By Representatives Childs of the 53rd, Galer of the 97th, Steinberg of the 46th and others:
A bill to amend Article 3 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to execution and attestation of wills, so as to provide for self-proved wills.
Senate Sponsor: Senator Howard of the 42nd.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Greene Harris Harrison Hine Holloway Howard Hudgins Huggins Kennedy Kidd

Lester McGill McKenzie Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Walker

Voting in the negative was Senator Peevy.

Those not voting were Senators:

Coleman Gillis Hill

Horton Land (excused)

Scott of 36th Tysinger

On the passage of the bill, the yeas were 48, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 886. By Representative Dobbs of the 74th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to provide that the policy of the state is that all bills owed by the state will be paid on time.
Senate Sponsor: Senator Kidd of the 25th.

Senator Barnes of the 33rd offered the following amendment:

Amend HB 886 as follows:

MONDAY, FEBRUARY 13, 1984

1497

Strike on line 9, Page 3 the word "Seven" and substitute in its place the word "Fifteen".
Strike on line 15, Page 3 the word "Ten" and substitute in its place the word "Twenty".

On the adoption of the amendment, Senator Kidd of the 25th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Coggin Coleman Dean Fincher

Hill Holloway McKenzie Scott of 2nd

Scott of 36th Thompson Timmons Trulock

Those voting in the negative were Senators:

Allgood Barker Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Deal

English Engram Foster Garner Greene Harris Harrison Hine Horton Howard Hudgins Huggins Kennedy

Kidd Lester McGill Peevy Perry Phillips Reddish Scott of 43rd Starr Stumbaugh Tate Turner Walker

Those not voting were Senators:

Dawkins Gillis

Land (excused)

Tysinger

On the adoption of the amendment, the yeas were 13, nays 39, and the amend ment was lost.

Senator Kidd of the 25th offered the following amendment:

Amend HB 886 by striking from Section 1, beginning on line 11 of Page 5, the following:
"shall be concluded by final decision of the state agency not later

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than 60 days after the date on which the proper invoice was received by the state agency.",
and inserting in lieu thereof the following:
"interest shall begin to accrue 30 days after the dispute has been settled."
By striking from Section 1, beginning on line 19 of Page 5, the following:
"If the dispute is resolved in favor of the state agency, then interest shall begin to accrue 15 days after the state agency's final decision. If the dispute is resolved in favor of the vendor, then interest shall begin to accrue as of the original date the payment became due."
By adding in Section 1 on line 6 of Page 6, following the word "more" and preceding the comma, the following:
"and all transactions evidenced by contracts executed pursuant to Title 32".
By adding in Section 1 on line 9 of Page 6, between the amount "$100,000.00" and the word "the", the following:
", except all transactions evidenced by contracts executed pursuant to Title 32,".
By adding in Section 1 on line 15 of Page 6, immediately following the word "section" and preceding the period, the following:
"; provided, however, that this Code section shall not apply to nego t3i2a"te. d contracts and right of way contracts executed pursuant to Title

On the adoption of the amendment, the yeas were 38, 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 Barker Barnes Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th Bryant Burton Cobb

Coggin Coleman Coverdell Deal Dean English

Engram Garner Greene Harris H,,.a,.rnson
jj; ne
Holloway
Horton Howard
Hudgins

MONDAY, FEBRUARY 13, 1984

1499

Huggins Kennedy Kidd Lester \M*^cru>i-lnl
Peevy
Perrv
Phillips Reddish
Scott of 2nd

Scott of 36th Scott of 43rd Starr Stumbaugh TTa*t<e.
Thompson
Timmons
Trulock Turner
Walker

Voting in the negative was Senator Fincher.

Those not voting were Senators:

Dawkins Foster

Gillis Land (excused)

McKenzie Tysinger

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 152. By Representatives Williams of the 54th and Brooks of the 34th:
A bill to amend Code Section 49-4-101 of the Official Code of Georgia An notated, relating to definitions as used in the "Aid to Dependent Children Act," so as to change the definition of dependent child.
Senate Sponsor: Senator Hudgins of the 15th.

The following fiscal note, as required by law, was read by the Secretary:

Department of Audits Trinity-Washington Building
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Betty Clark, Chairman

House Human Relations and Aging Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

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JOURNAL OF THE SENATE

DATE:

February 1, 1983

SUBJECT: Fiscal Note - House Bill 152 (LC 6 4787) Definition of Dependent Child

This Bill would change the definition of a dependent child to include a child living with both natural parents who are unable to provide adequate care and support without public assistance.

This Bill would increase the number of individuals eligible for AFDC benefits, the costs of administering the AFDC program, and the number of individuals eligible under the Medicaid program. The Department of Human Resources has estimated that 10,600 additional families would be eligible for AFDC benefits and the Medicaid program. Based on an average family size of 3.7, the additional benefits cost would be $10,005,242. The additional costs to the Medicaid program as calculated by the Office of Planning and Budget would be $6,251,176. The additional administrative cost is estimated to be $622,429. The total additional cost would be $16,878,847.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

The Senate Committee on Children and Youth offered the following substitute to HB 152:

A BILL
To be entitled an Act to amend Code Section 49-4-101 of the Official Code of Georgia Annotated, relating to definitions as used in the "Aid to Dependent Children Act," so as to change the definition of dependent child; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 49-4-101 of the Official Code of Georgia An notated, relating to definitions as used in the "Aid to Dependent Children Act," is amended by striking paragraph (2) of said Code section in its en tirety and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Dependent child' means a needy child under the age of 18 years:
(A) (i) Who is in attendance in a public school, private school, or vocational school or who, due to disability or illness, is unable to attend school;
(ii) Who has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental inca pacity of a parent and whose relatives are not able to provide adequate care and support of such child without public assistance; and
(iii) Who is living with his father, mother, grandfather, grand mother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, guardian, or aunt in a place of residence maintained by one or

MONDAY, FEBRUARY 13, 1984

1501

more of such relatives as his or their own home; provided, however, that in the event a child receiving assistance ceases to live with one of the relatives specified in this division due to the death of such relative or other emergency, the child's status as a dependent child shall continue for a temporary period during such emergency. 'Dependent child' also includes a child who otherwise meets the criteria of the definition of a dependent child except for his removal from the home of a relative speci fied in this subparagraph as a result of a judicial determination to the effect that continued living therein would be detrimental to the welfare of the child; for whose placement and care the department is responsible; who has been placed in a foster family home as a result of such determi nation; and who received aid to dependent children for the month in which court proceedings leading to such determination were initiated; or
(B) Who is in attendance in a public school, private school, or voca tional school or who, due to disability or illness, is unable to attend school and who is living with both parents but the principal wage earner is not able to provide adequate care and support of such child without public assistance. In order for a child to meet the criteria of the definition of dependent child as set forth in this subparagraph, the principal wage earner shall have been unemployed for at least 30 days, shall not have refused a bona fide offer of employment, and shall have a previous his tory of working; the principal wage earner shall have exhausted all bene fits from unemployment compensation or other unemployment insurance; the principal wage earner shall not be unemployed by reason of partici pation in a strike; the principal wage earner shall be registered with the state employment office; and the principal wage earner shall be certified for participation in a work incentive program not later than 30 days after meeting the requirements of this subparagraph."
Section 2. This Act shall become effective July 1, 1985.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senators Scott of the 2nd, Bond of the 39th and Hudgins of the 15th offered the following substitute to HB 152:

A BILL
To be entitled an Act to amend Code Section 49-4-101 of the Official Code of Georgia Annotated, relating to definitions as used in the "Aid to Dependent Children Act," so as to change the definition of dependent child; 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 49-4-101 of the Official Code of Georgia An notated, relating to definitions as used in the "Aid to Dependent Children Act," is amended by striking paragraph (2) of said Code section in its en tirety and inserting in lieu thereof a new paragraph (2) to read as follows:

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JOURNAL OF THE SENATE

"(2) 'Dependent child' means a needy child under the age of 18 years:
(A) (i) Who is in attendance in a public school, private school, or vocational school or who, due to disability or illness, is unable to attend school;
(ii) Who has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental inca pacity of a parent and whose relatives are not able to provide adequate care and support of such child without public assistance; and
(iii) Who is living with his father, mother, grandfather, grand mother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, guardian, or aunt in a place of residence maintained by one or more of such relatives as his or their own home; provided, however, that in the event a child receiving assistance ceases to live with one of the relatives specified in this division due to the death of such relative or other emergency, the child's status as a dependent child shall continue for a temporary period during such emergency. 'Dependent child' also includes a child who otherwise meets the criteria of the definition of a dependent child except for his removal from the home of a relative speci fied in this subparagraph as a result of a judicial determination to the effect that continued living therein would be detrimental to the welfare of the child; for whose placement and care the department is responsible; who has been placed in a foster family home as a result of such determi nation; and who received aid to dependent children for the month in which court proceedings leading to such determination were initiated; or
(B) Who is in attendance in a public school, private school, or voca tional school or who, due to disability or illness, is unable to attend school, and who is living with both parents but the principal wage earner is not able to provide adequate care and support of such child without public assistance. In order for a child to meet the criteria of the defini tion of dependent child as set forth in this subparagraph, the principal wage earner shall have been unemployed for a period of at least 30 days, shall not have refused, within that period, a bona fide offer of employ ment or training for employment, and shall have a previous history of working or of having received or been qualified to receive unemployment compensation, but shall not then be receiving such unemployment com pensation; the principal wage earner shall be deemed to be unemployed if that person is employed less than 100 hours per month or is only inter mittently or temporarily employed 100 or more hours per month, but such unemployment shall not be by reason of participation in a labor dispute; the principal wage earner shall be registered with the state em ployment office; and the principal wage earner shall be certified for par ticipation in a work incentive program not later than 30 days after meet ing the requirements of this subparagraph. Nothing in this subparagraph shall be construed to establish requirements for dependent children or principal wage earners which would result in the denial of federal financial participation for payments to dependent children made pursuant to this subparagraph."
Section 2. This Act shall become effective July 1, 1985.

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Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senators Scott of the 2nd and Barnes of the 33rd offered the following amendment:

Amend the substitute to HB 152 offered by Senators Scott of the 2nd, Bond of the 39th and Hudgins of the 15th by striking on Page 3, lines 24 and 25 "July 1, 1985" and inserting in lieu thereof the words
"when funds become available."

On the adoption of the amendment, the yeas were 38, nays 4, and the amendment was adopted.
On the adoption of the substitute to HB 152 offered by the Senate Committee on Children and Youth, the yeas were 0, nays 47, and the substitute was lost.
On the adoption of the substitute to HB 152 offered by Senators Scott of the 2nd, Bond of the 39th and Hudgins of the 15th, the yeas were 48, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to by substitute as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood
Barker Barnes
Bond Bowen Brantley
Broun of 46th Brown of 47th
Bryant Burton
Cobb Coggin
Coleman Coverdell
Dawkins Deal

Dean
English Engram
Fincher Foster
Garner Gillis
Greene Harris Harrison
Hill Hine Holloway
Horton
Howard Hudgins

Huggins Kennedy
Kidd Lester McGill
McKenzie
Peevy Perry Phillips Reddish
Scott of 2nd Scott of 36th
Scott of 43rd
Starr Stumbaugh
Tate

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Thompson Timmons

JOURNAL OF THE SENATE

Trulock Turner

Walker

Voting in the negative was Senator Brannon.
Not voting were Senators Land (excused) and Tysinger.
On the passage of the bill, the yeas were 53, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1329. By Representative Cooper of the 20th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to sales and use tax exemptions, so as to provide for an ex emption for certain drugs dispensed to certain persons when the cost of the drugs is payable by the Department of Medical Assistance.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1198. By Representatives Pinkston of the 100th, Beck of the 148th, Smyre of the 92nd and others:
A bill to amend Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, so as to provide a unified and orderly method of permitting limited interstate banking on a regional basis.
Senate Sponsor: Senator Lester of the 23rd.
Senator Hine of the 52nd offered the following amendment:

Amend HB 1198 by adding after the word "to" on line 3 of Page 1 the following:

MONDAY, FEBRUARY 13, 1984

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"provide that certain out-of-state bank holding companies may under certain conditions be authorized to acquire ownership or control of more than 5 percent of the voting shares of banks; to".
By renumbering Sections 1, 2, and 3 as Sections 4, 5, and 6, respec tively, and inserting new Sections 1, 2, and 3 to read as follows:
"Section 1. Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, is amended by striking paragraph (3) of Code Section 7-1-600, relating to definitions applicable to bank branches, offices, facilities, and holding companies, and inserting in its place a new paragraph (3) to read as follows:
'(3) "Bank holding company" means "bank holding company" as defined in Code Section 7-1-605. "Out-of-state bank holding company" means "out-of-state bank holding company" as defined in Code Section 7-1-605.'
Section 2. Said article is further amended by adding at the end of subsection (a) of Code Section 7-1-605 a new paragraph (7) to read as follows:
'(7) "Out-of-state bank holding company," when used in this article, means a bank holding company as defined in Title 12 U.S.C. Section 1841. The jurisdiction in which an out-of-state bank holding company conducts its principal banking business is that state or the District of Columbia in which total deposits of such company and its banking sub sidiaries comprise the largest percentage of the total deposits of such company and its banking subsidiaries.'
Section 3. Said article is further amended by adding a new Code Section 7-1-608.1 to read as follows:
'7-1-608.1. (a) After July 1, 1987, notwithstanding the provisions of Part 19 of this article, the commissioner may approve an acquisition of direct or indirect ownership or control of more than 5 percent of the voting shares of a bank by an out-of-state bank holding company if:
(1) Such acquisition complies with the provisions of Code Section 71-608;
(2) The laws of the jurisdiction in which the out-of-state bank hold ing company conducts its principal banking business specifically author ize the acquisition of control of one or more banking institutions in that jurisdiction by a bank holding company, banking institution, or subsidi ary which conducts its principal banking business in this state; and
(3) The acquisition of control by a bank holding company, banking institution, or subsidiary under such laws shall not affect the powers or privileges of the banking institution or banking institutions acquired or controlled in such jurisdiction.
(b) The order of the commissioner approving such acquisition shall not limit or restrict the powers and privileges of the bank being acquired.'"

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JOURNAL OF THE SENATE

By striking from former Section 1, renumbered as Section 4 by this amendment, the following:
"Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, is amended",
and inserting in lieu thereof the following:
"Said article is further amended".

Senator Hine of the 52nd offered the following amendment:

Amend the amendment to HB 1198 offered by Senator Hine of the 52nd by changing on Page 2, line 7
"1987"
to "1988".

On the adoption of the amendment, the yeas were 9, nays 33, and the amendment was lost.

On the adoption of the amendment offered by Senator Hine of the 52nd, Senator Hine of the 52nd 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 Hine

Huggins Kidd

McGill Reddish

Those voting in the negative 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

Holloway Horton Howard Hudgins Kennedy Lester McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd

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Starr Stumbaugh Tate

Thompson Timmons Trulock

Turner Walker

Not voting were Senators Land (excused) and Tysinger.

On the adoption of the amendment, the yeas were 7, nays 47, and the amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Holloway Horton Howard Hudgins Kennedy

Lester McKenzie Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner

Those voting in the negative were Senators:

Bowen Brannon Garner Gillis

Mine Huggins Kidd McGill

Peevy Timmons Walker

Not voting were Senators Land (excused) and Tysinger.

On the passage of the bill, the yeas were 43, nays 11.

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

The following bill of the House was read the first time and referred to committee:

HB 1329. By Representative Cooper of the 20th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to sales and use tax exemptions, so as to provide for an ex emption for certain drugs dispensed to certain persons when the cost of the drugs is payable by the Department of Medical Assistance.
Referred to Committee on Banking and Finance.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 4:21 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.